Agenda 02/09/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 9, 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 TIlE BOARD ON SUBJECTS WHICtt ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO TIlE 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 TttEREFORE 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 Fred Thorn, Golden Gate United Methodist Church
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. January 12, 1999 - regular meeting.
B. January 13, 1999 - workshop.
C. January 19, 1999 - workshop.
5. PROCLAMATIONS AND SERVICE AWARDS
1
FebmaD' 9, 1999
A. PROCLAMATIONS
1) Proclamation recognizing the Collier County Loan Consortium. To be accepted by
Ms. Nancy Mcro!!a, Vicc-Presidcnt/CRA Manager, Comcrica Bank and Trust, FSB
and Mr. Brian Hafcnbrack, St. Vice Presidcnt~lortgagc Banking, First National
Bank of Naples.
B. SERVICE AWARDS
1) Luis Rosado, Road and Bridge - 25 years
2) Lumpcung Walsh, Wastewater - 15 years
3) Barbara Brown, EMS - 10 years
4) Eloy Rodriguez, Road and Bridge - 10 years
C. PRESENTATIONS
1) Recommendation to recognize Randy Cascy, Engineering Inspector, Planning
Services Department, as Eml~loyee of the Month for February, 1999.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Christian I. Carroll representing the Ace Group Classic, requesting a waiver of
Temporary Use and Right-of-Way permit fees for a PGA event to be held in
Pelican Marsh from February 22 to February 28, 1999, to benefit the YMCA of
Collier County.
B. PUBLIC WORKS
1) Cost Proposals for Additional Alignment Evaluation and Traffic Modeling for
Santa Barbara Boulevard Extension (Project No. 60091)
2) Recommendation for a temporary Speed Limit Reduction from forty-five miles
per hour to thirty-five miles per hour on lmmokalee Road (CR 846) from Oaks
Boulevard easterly for a distance of one mile.
3) A Report and Staff Recommendation regarding the Solid Waste Export
Contract Alternatives offered by Waste Management, Inc. of Florida.
C. PUBLIC SERVICES
1) Report on the status of beach access and boat launch parks.
2) Report results regarding the Park Impact Fee Study.
2
FebmaD, 9, 1999
D. SUPPORT SERVICES
1) Authorization to Request Competitive Proposals for the Construction of an
Office Building.
E. COUNTY ADMINISTRATOR
1) Discussion regarding water retention ponds.
2) Presentation of Correctional Facilities & Law Enforcement Impact Fee
Summary Reports.
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board apl~rove a proposed Settlement Agreement in the
amount of $28,000.00 for the lawsuit styled Robert P. Richman v. Collier County, Case
No. 97-419-CIV-FTM-18D, now pending in the United States District Court for the
Middle District of Florida.
10. BOARD OF COUNTY COMMISSIONERS
A. Al~pointment of members to the Pelican Bay MSTBU Advisory Committee.
B. Ai~pointment of member to the Contractors Licensing Board.
-'-- C. Al~pointment of member to the hnmol¢alee Beauti~cation MSTU Advisory Committee.
D. Apl~ointment of members to the Golden Gate Beautification Advisory Committee.
E. Ai~pointment of members to the Black Affairs Advisory Board.
F. A Resolution of the Board of County Commissioners of Collier County, Florida
requesting that the Army Corps of Engineers use the duly adopted Comprehensive
Plans as the Land Use Alternative for the Environmental Impact Study for Southwest
Florida; objecting to the use of any land use alternative in the Environmental Impact
Study that does not strictly comply with the existing Comprehensive Plans.
11. OTHER ITEMS
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
3
Februar).' 9, 1999
B. ZONING AMENDMENTS
1) CONTINUED FROM JANUARY 12~ 1999 MEETING. Petition PUD-98-17
Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing
James Gotman, 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 Whirten Drive, in
Section 6, Townshill 50 South, Range 26 East, Collier County, Florida,
consisting of 37 +/- acres.
2) Petition PUD-98-7 Michael R. Fernandez, AICP, of Planning Development
Incorporated, representing Mastercraft Homes, Ltd., requesting a fezone from
"A' Agriculture to "PUD" Planned Unit Development to be known as
Wyndham Park PUD for single family and multi-family residential land uses,
for property located on the west side of C.R. 951 approximately 0.6 of a mile
south of Immokalce Road, in Section 27, Township 48 South, Range 26 East,
Collier County, Florida, consisting of +/- 120 acres.
C. OTHER
1) To consider enactment into law an ordinance to amend the Airport Authority
Ordinance (No. 95-67) to eliminate the number of times a member of the
Airport Authority may be re-appointed to membership terms on the Airport
Authority.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition CU-98-23, A. Glenn Simpson, requesting Conditional Use "1" of the
"A" Rural Agricultural zoning district for earthmining per Section 2.2.2.3 for
property located at 7000 Big Island Ranch Road, in Section 25, Township 47
South, Range 27 East, Collier County, Florida consisting of 105.32 +/- acres.
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY CO]~IMISSIONERS' COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action
will be taken by one motion Mthout separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agcnda and considered
separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) The Board of County Commissioners authorize a 100% impact fee waiver of
road, library system, parks and recreational facilities, emergency medical
~-- sere'ices system, and educational facilities system impact fees for one house to
be built by Rommy T. Smith at 313 Gaunt Street in lmmokalee, Collier County,
said impact fees to be paid from Affordable Housing Trust Fund (191).
4
February 9, 1999
2) Liens Resolutions - Code Enforcement Case Nos. 80331-053 - Mr. Wallace L
"" Joyce, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter,
Ms. Patricia Harowkewicz, Ms. Judith J Corso, Ms. Lauren K Bowers; 80514-
017 - Paul L Riddleberger Jr.; 80527-094 - Sheila Tempelmann; 80803-061 -
Julio Dominguez Estate & John R Domin/,mez P/R
3) Liens Resolutions - Code Enforcement Case Nos. 80708-117 - Darren S &
Barbara J Filkill; 80713-027 - Michael & Janet Grella; 80713-034 - Varnville
Corp. % Y Braunschweig; 80721-030 - Edwin & Ines Guerrero
4) Liens Resolutions - Code Enforcement Case Nos. 80715-113 - Richard F
McCullough; 80721-062 - Mimon Baron; 80722-023 - John C Garrison Jr &
Virginia Garrison; 80723-072 - Lloyd G Sheehan; 80727-043 - Bruce T & Elsye
K Whitmer
5) Liens Resolutions - Code Enforce~nent Case Nos. 80409-027 - Mr. Wallace L
Joyce, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter,
Ms. Patricia Harowkewicz, Ms. Judith J Corso, Ms. Lauren K Bowers; 80515-
025 - Elena. S Grossi; 80619-039 - Palm Foundation, Inc. & Steven H Loveless,
80727-089 - Andrew C Hanson; 80821-031 - Jennifer S Brandon
6) Liens Resolutions - Code Enforcement Case Nos. 80706-046 - Mary Johnson,
80708-057 - Bradar & Company, Inc. Darryl J Damico; 80709-062 - Edward J
& Layerda L Pole; 80723-057 - Ellcon Curran
7) Request to al~prove the final plat of "Whispering Woods"
-"" 8) Request to approve for recording the final plat of "Autumn Woods Unit
Three", and a!~proval of the i~erformance security
9) Request to approve the final plat of lmmokalee Road Center
B. PUBLIC WORKS
1) Apl~rove an Access Easement to Twin Eagles Golf & Country Club, Inc., A
Florida Non-Profit Corporation.
2) Acceptance of a Drainage Easement from Enchanting Shores Co-op, Inc.
3) Apln'ove funding to relocate Water Main for const,'uction of Cocohatchee
Canal Widening, Project 70061.
4) Award a Contract to Allied Trucking of Florida, Inc./C.B.E. Trucking
Company, Inc. for Bid No. 98-2900, Transport and Placement of Beach Fill
Material.
5) Petition TM 99-01 for Raised Crosswalks to calm traffic at locations proposed
under the Safe Ways to Schools initiative in Golden Gate.
6) Apl~rove Tourist Development Category "A' Funding Aplffications for Beach
Maintenance and Inlet Management Projects.
,.---, 7) Ai~prove final Roadway Typical Section Designs for Livingston Road as an
Urban Facility between Imn~okalee Road and the Lee/Collier County Line.
5
Februa~ 9, 1999
8) Apl~rove Change Order with Gulf States, Inc., Bid 97-2734, and Amendment to
Hole Montes and Associates, Inc., Work Order HMA-95-2, related to
Redundant Telemetry, Project 70124.
9) Request approval to use funds from Waste Tire Grant to cosponsor Running
Track at Lely High School.
C. PUBLIC SERVICES
1) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee
simple title interests for i~rol~erties adjacent to the existing landfill in Township
495, Range 26E, Section 25 for public recreational purl~oses.
2) Authorize the language and confirm boundaries for the Golden Gate
Neighborhood Park MSTU Survey.
D. SUPPORT SERVICES
1) This item deleted.
2) Authorization to Execute Satisfaction of Lien Documents Filed Against Real
Propeay for Abatement of Nuisance and Direct the Clerk of Courts to Record
Same in the Public Records of Collier County, Florida.
3) A~vard Contract for Professional Sen'ices to Prepare a Development of
Regional Impact Aplfiication for Development Approval (DRUDA) and South
Florida Water Management District Permit for the Main Government
~ Complex, RFP #98-2856.
4) Al~propriate Carry Forward and Recognize Revenue for Retired and Senior
Volunteer Program Fund (116), RSVP Item #1.
5) Al}l~ropriate Carry Forward and Recognize Revenue for Retired and Senior
Volunteers Program Fund (116), RSVP Item #2.
E. COUNTY ADMINISTRATOR
1) Apin'oval of Budget Amendment Report
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
H. OTHER CONSTITUTIONAL OFFICERS
1) Accept an Article V Trust Fund Grant-In-Aid of $19,496 from the Office of the
State Court Administrator, and Authorize Chairwoman to sign the Agreement.
L COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners apl~rove the
Stii~ulated Final Judgment relative to the easement acquisition on Parcel Nos.
140 and 840 in the lawsuit entitled Collier County v. Ronald G. Bender and
6
FebmaD' 9, 1999
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)
2) Recommendation that the Board of County Commissioners approve the
Stipulated Final Judgment relative to the casement acquisition on Parcel No.
515 in the lawsuit entitled Collier Coun.ty v. David R. C!emens and Lucille C.
Clemens, et aL, Case No. 98-1393-CA (Livingston Road Extension, Golden Gate
Parkway to Radio Road)
3) Recommendation that the Board of County Commissioners approve the
Stipulated Order of Taking and Final Judgment as to Rcspondcnts, John A.
Pulling, Jr., Lucy Gall Finch, and John A. Pulling, Sr. relative to the easement
acquisition on Parcel Nos. 111,112,612,711,712A, 712B, 811A and 811B in
the lawsuit entitled Collier Coun.ty v. John A. Pulling, Jr., et al., Case No. 98-
1674-CA (Airport-Pulling Road 6-Laning Project - Pine Ridge Road to
Vanderbilt Beach Road).
J. AIRPORT AUTHORITY
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 OT!tER AUTHORIZING AGENCIES OF ALL
MEMBERS PRESENT AND VOTING; 3) NO WR1TTEN 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 SCItEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
A. Petition R-98-2, Mario Curiale requesting to change the zoning classification of a property
from "A' agricultural to "C-5" heavy commercial district. The subject prol}erty is located
on the north side of Tamiami Trail East approximately 2000 feet east of C.R. 951 in Section
3, Township 51 South, Range 26 East, Collier Count)', Florida. This site consists of 3.35
acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
7
FebmaD, 9, 1999
EXECUTIVE SUMMARY
RECOMMENDATION TO RECOGNIZE RANDY CASEY, ENGINEERING INSPECTOR,
PLANNING SERVICES DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR FEBRUARY,
'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:
Randy Casey has been employed with Collier County since 1984. His willingness and ability to
provide back-up assistance to his supervisor along with his thorough job knowledge make him a
valuable asset to the Planning Services Department as well as to Collier County.
Randy is a dedicated County employee and has been able to establish a well respected
relationship with developers and contractors. He exerts great effort to be available for timely
inspections including blasting inspections, preliminary water tie-ins and lift station start-ups.
Randy exceeds the expectations of his job description and is always willing to extend the
necessary time and effort to assure his job responsibilities are fulfilled.
Without reservation, Randy Casey has been chosen as Collier County's February Employee of
the Month.
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 113-138917.
RECOMMENDATION: That Randy Casey, Engineering Inspector, Planning Services
Department, be recognized as the "Employee of the Month" for February, 1999.
PREPARED BY: ~ary-jo B c
Admini~,;t.r.a~;'~"'~Secretary
APPROVED BY:/?/(""/~"t' 'L"'~'~ DATE: ] f'z,_'~ ~'/c7
Phil Tirfdall
,,_., Assistant to the County Administrator ~~
County Administrator's Office ~' ~'3 ,: ...... ~
EXECUTIVE SUMMARY
CHRISTIAN I. CARROLL REPRESENTING THE ACE GROUP CLASSIC,
REQUESTING A WAIVER OF TEMPORARY USE AND RIGHT-OF-WAY
PERMIT FEES FOR A PGA EVENT TO BE HELD IN PELICAN MARSH FROM
FEBRUARY 22 TO FEBRUARY 28, 1999, TO BENEFIT THE YMCA OF
COLLIER COUNTY.
OBJECTIVE:
The Petitioner requests a three year waiver of the required application fees for a
Temporary Use and a Right-of-Way permits. These permits are for a PGA golf
tour to be held in Pelican Marsh to benefit the YMCA of Collier County.
CONSIDERATIONS:
The required application fees for a Temporary Use Permit is $75 and the
required application fee for a R.O.W. permit is also $75. The Petitioner wishes to
waive those fees for these permits for this annual event for a three year period,
ending with the show in December 2001.
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.
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 va ~ety ~(~,~t,~.~yI
individuals and organizations, for various reasons, it is necessary for the Board-
FEB 0 9 1999
.___Pg- f
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:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
REVIEWED BY:
' "'~/ ~' ~' -i: '~, '~-c ci c\
..
CURRENT PLANNING MANAGER
ROBERT j.~ MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
APPROVED BY:
VINCENT A. CAUTERO, IC DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR
FEB 0 9 1999
2
THE ACE GROUI:
JAN 12
D'LANN,h~,~G SER~'iCES
CLASSIC
January, 7, 1999 A
Mr. Bob Mulhere
Director, Planning Services Department
Collier County Government
2800 North Horseshoe Drive
Naples, FL 34104
Dear Mr. Mulhere:
I am writing on behalf of the new SENIOR PGA TOUR event being held at the Bay Colony Golf Club
in Naples, February 22 - February 28, 1999. The ACE Group Classic, a 501(c(3) event benefiting the
YMCA of Collier County is asking for the Counties assistance in providing a multi-year waver for the
Temporary Use and Public Right of Way permit(s) required for such events.
If at any time in the reviewing process you need more information feel free to call me at (941)593-3900.
Thank you very much for your time and I am looking forward to hearing from you soon.
Sincerely,
Christian ]. Carroll
Operations Director
FEB_
C/O YMCA OF COLLIER COUNTY, 5450 YMCA ROAD, NAPLES, FL 34109 TEL: 941.593.3900 FAX; 941.593.6910
AN ADVANTAGE P'4ANAGED EVENT
EXECUTIVE SUMMARY
COST PROPOSALS FOR ADDITIONAL ALIGNMENT EVALUATION AND TRAFFIC
MODELING FOR SANTA BARBARA BLVD. EXTENSION (PROJECT NO. 60091)
OBJECTIVE: To advise the Board &expenses incurred to date in the development of
alignment alternatives for Santa Barbara Blvd., including the "Hybrid" alignment curving out to
CR-951, review a cost proposal received for a traffic modeling study to consider all alignments
studied or proposed to date, review a cost proposal for an alignment evaluation to place Santa
Barbara Blvd. along the east side of the Wing South Airpark runway, and provide staff
recommendations for Board consideration.
CONSIDERATIONS: On October 1, 1996 the Board entered into a contractual agreement with
the engineering consulting firm of Wilson, Miller, Barton and Peek, Inc. (WMBP) for the Santa
Barbara Blvd. Phase I - Preliminary Engineering and Environmental Assessment which was to
evaluate corridor alignments for Santa Barbara Blvd. from Davis Blvd. to Rattlesnake-Hammock
Road and a connector corridor from County Barn Road to CR-951. The contract is divided into
four major tasks (data collection, preliminary analysis, conceptual alignment analysis, and final
alignment analysis) and the consultant has presented information to the Board to obtain direction
on entering into the final alignment analysis task.
During the course of performing the data collection and analyses, WMBP has had to undertake
various additional work efforts to keep the project moving toward completion, including, but not
limited to, data collection originally proposed to be performed by former County staff, expansion
of the study area, additional meetings, additional presentation materials, etc. On June 6, 1998 the
Board directed staff and WMBP, to develop an alignment evaluation of Santa Barbara Blvd. that
curved eastward to connect directly with CR-951. This consideration of an additional alignment
(identified as the "Hybrid" Alignment) was permissible under the terms of Task 4.02 (Additional
Alignments Analysis - Contingent Additional Service) of the contract with the consultant. The
results of this evaluation were presented to the Board on September 22, 1998, at which time it
was shown that the "Hybrid" Alignment would not meet the long-term transportation needs of
the County. The total cost for all of this additional work effort amounts to $85,370.00.
Following public conunent, the Board then directed staff to:
1. terminate the investigation of Alignments A and B and focus on Alignment C;
2. look at a newly proposed "Conlo" alignment (hereinafier called Alignment D);
3. ensure that if the Board goes forward and there are property takings which involve someone's
home, not necessarily vacant property, make the commitment that we will do the utmost to
purchase that as soon as possible and to allow the residents to live there rent free until such
time as the road is necessary to have it built;
4. show the Board the technical feasibility and cost of re_engineering the roadway to avoid
homes at the time that staff brings back any plan to the Board;
FEB 0 9 1999
ps. I
Executive Summary
Santa Barbara Blvd. Extension Alignment Cost Proposals
Page 2
5. investigate and inform the Board of impacts to the regional stormwater management system
currently being designed for the region (what can and can't be done with the roadway);
6. utilize the MPO staff, and not spend any dollars with a consultant, to investigate the impacts
of Alignment A in a limited fashion as a restricted two-lane facility with turn lanes along
with Alignment C being the continuous route
In order to comply with the directions of the Board, staff requested and received a cost estimate
from WMBP for the additional engineering and environmental work needed to properly evaluate
the feasibility of Alignment D. Their cost estimate is $21,776.00.
The desire of the Board to utilize the MPO staff to perform traffic modeling was discussed by
various members of the Public Works Division staff. Staff felt that the traffic modeling
capabilities of the MPO would not produce a readily visible and understandable product for
public presentation, so a cost proposal was requested from Tindale, Oliver and Associates, Inc.
(TOA), one of the traffic engineering consulting firms currently under contract with the County
through a Fixed Term Agreement. TOA's proposal includes the development of traffic modeling
and development of traffic flow' simulation files for County Barn Road, Davis Blvd. (from
County Barn Road to just east of Santa Barbara Blvd.), Rattlesnake-Hammock Road (east of
County Bam Road), St. Andrews Blvd., Santa Barbara Blvd. Alignments A, C, and D, Santa
Barbara Blvd. Alignment C with the addition of a 2-lane local Alignment A (the relative impact
of the addition of the 2-lane Alignment A to Alignment C can then be used to provide an
estimate of the impact of the addition of the 2-lane Alignment A to Alignment D or staff can
amend the contract with TOA to develop a separate analysis ofAlignrnent D with the 2-lane
Alignment A), Grand Lely Drive, Lely Resort Blvd., and CR-951 (from Rattlesnake-Hammock
Rd. to US-41). Their cost proposal for this work is $41,983.00.
Staff is ready to follow the direction of the Board in undertaking the evaluation of Aligmnent D.
However, it is staffs opinion that there are some severe impact restraints that the Board should
be aware of including extensive wetlands (some of which are permitted wetland preserve areas),
approved and permitted developments, airport impacts along the glide path as well as
construction of an adjacent parallel roadway that will resemble the runway, and traffic
volume/safety concerns from the circuitous routing of an arterial highway. Staffs assessment of
the proposed Aligmnent D, and its associated problems, suggests that it will not prove viable and
staff will recommend that Aligmnent D be eliminated from consideration.
FISCAL IMPACT: WMBP is currently under contract with the County to perform the Santa
~~i]l'~. P"~ase I Preliminary Engineering and Environmental Assessment. The value of the
contract is $456,613.00 of which $156,600.00 has been spent as of 11-30-98. The $85,370.00 for
the additional work performed to date, including the "Hybrid" analysis which is a contingent fee
that is not included in the original contract amount, needs to be added to the contract and
purchase order.
If the Board desires to have WMBP pursue the analysis of Alignment D, additional funding in
the amount of $107, 146.00 will need to be added to the contract and purchase order. The traffic
engineering modeling study proposed by TOA would be funded in the amount of $4[ ,~3 .~,D, :xt,,
.o. gC')~ )
FEB O 9 1999
Executive Summary
Santa Barbara Blvd. Extension Alignment Cost Proposals
Page 3
To implement all of the above additional work, a budget amendment is needed to transfer
$149,129.00 from the following:
Fund No. 333 (Road Impact Fee - District 2)
Cost Center No. 919010 (Reserves)
Object Code 993000 (Reserves for Capital Outlay)
to the following:
Fund No. 333 (Road Impact Fee - District 2)
Cost Center No. 163650 (Road Impact Construction)
Project No. 60091 (Santa Barbara Blvd. Extension)
GROWTH MANAGEMENT IMPACT: The long range planning of the County's
transportation network is consistent with the Transportation Sub-Element of the Growth
Management Plan.
RECOMMENDATION: Staff recommends that the Board approve the traffic engineering
modeling study as proposed by Tindale, Oliver and Associates, Inc. in the mount of $41,983.00
and then use the results of this modeling, in addition to the engineering and environmental
evaluation previously prepared by WMBP to select the alignment(s) to be considered in the final
alignment analysis. Staff also recommends that the Board approve the cost increase in the
existing contract with WMBP in the amount of $85,370.00 for additional work performed to
date. Staff does not recommend the expenditure of funds for the analysis of the Santa Barbara
Blvd. Alignment D. Staff is also requesting that the Board approve the necessary budget
amendment(s) to implement their direction to staff.
SUBMITTED BY: R~be~C. Wdi Date:/'/~~~
1
P.W.E.D. Project Manager III
REVIEWED BY: (~ "'~//~ ~,~ Date:
effBibby, P.E.
P.W.E.D. Director
~PROVEDBY~ Date:
Ed Ilsc~er
Public Works Administrator
N
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~B ~>9 19
EXECUTIVE SUMMARY
RECOMMENDATION FOR A TEMPORARY SPEED LIMIT REDUCTION FROM
FORTY-FIVE MILES PER HOUR TO THIRTY-FIVE MILES PER HOUR ON
IMMOKALEE ROAD (CR 846) FROM OAKS BOULEVARD EASTERLY FOR A
DISTANCE OF ONE MILE
OBJECTIVE: To recommend that the Board approve a temporary speed limit reduction to
accommodate development construction traffic associated with the Old Cypress Golf and Country
Club (OCGC), formerly the Woodlands, and the South Florida Water Management District
(SFWMD) Cocohatchee Canal improvements.
CONSIDERATIONS: The developer of the OCGC has recently constructed a new bridge
structure across the Cocohatchee Canal about one mile east of the intersection of Oaks Boulevard
and CR 846. This structure will serve as the main entrance to the proposed development. In addition,
the developer and the contractor for the SFWMD Cocohatchee Canal improvement project have
agreed to use this structure for access to the canal for the contractor's convenience. Doing so will
eliminate another temporary structure and driveway access to CR 846 about one-quarter mile east of
this location. The other temporary structure was to accommodate the SFWMD's contractor's
operations. Attachment No. 1 provides a sketch showing the location of the permanent structure and
the additional structure that will no longer be necessary.
The developer and Transportation Services Department staff met to review this combined use of the
new bridge and, in the interest of public safety during the construction period, concluded that a lower
speed limit in the vicinity will assist in keeping traffic flowing smoothly while lessening the
potential for crashes. Further, staff anticipates that the CR 846 Four-lane Improvement Project will
be underway before the SFWMD project is complete. Prior to the start of the CR 846 Project, staff
will return to the Board with a request for a temporary speed limit reduction during that project.
Staff recommends that the Board consider the benefit to the public of the combined use of this
bridge in conjunction with the lower speed limit, and approve the proposed speed limit change from
45 MPH to 35 MPH. Attachment No. 2 is a proposed Resolution authorizing the change.
FISCAL IMPACT: The estimated cost of installing the necessary speed limit signs is about
$300.00. Funds are available in Road and Bridge Fund 101-163630-653710 which had a balance of
$812.40 as of January 6, 1999.
GROWTH MANAGEMENT IMPACT: None
F E B 0 9 1999
Executive Summary
Recommend a temporary speed limit reduction on a portion of CR 846
Page 2 of 2
RECOMMENDATION: That the Board approve the temporary speed limit reduction from 45
MPH to 35 MPH by adopting the attached Resolution, and; authorize staff to erect the appropriate
traffic control signs.
PREPARED BY: z'~,C2ff~ ' DATE:,/'
Ed ~dJK t'
~'a'W~:~"' 7.,' rans o a ion ervices Director
APPROVED BY: Ed~iard J Kant.,P~ DATE:/-
Ed IlschneF,, Public Works Administrator
Attachments: No. 1 - Location Sketch for Proposed Speed Limit Reduction
No. 2 - Proposed Resolution for Temporary Speed Limit Reduction
/
FEB B 9 1999
TWP. 48S.-RNG 2SE. SEE PAGE 33 Z ~ TWP. 485.-RNG, 25E.
Z
SC~,/[~FeH RD1 O
I TR. 23 O
WAteR & ~T1[ proposed '.
s=~ 8 H[~R~ ms ~ for tempora~ speed
2o A~ 2o Ac , l~t
As~ / .o. _"'OF ~ 7 _~
,~, ~ RESOLUTION NO. 99-
2
3
4 A RESOLUTION TO AUTHORIZE A SPEED LIMIT
5 REDUCTION TO THIRTY FIVE MILES PER HOUR (35
6 MPH) ON C.R. 846 (IMMOKALEE ROAD) FROM OAKS
7 BOULEVARD EASTERLY FOR A DISTANCE OF ONE-
8 MILE.
9
10 WHEREAS, Chapter 316, Florida Statutes, permits the Board of County
11 Commissioners to alter of establish speed limits on roads under its jurisdiction; and
12 WHEREAS, C.R. 846 (Inm3okalee Road ) falls under the jurisdiction of the Board
13 of County Conunissioners; and
14 WHEREAS, in accordance with Section 316, Florida Statutes, the Board of
~5 County Commissioners may alter such existing speed limits as may be appropriate upon the
16 basis of an engineering and traffic investigation; and
17 WHEREAS; the results of such engineering and traffic investigations determine
18 that the reduced speed limit is reasonable and safer under the conditions found to exist and it
19 conformity to criteria promulgated by the County.
2o NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
22
23 1. The Board of County Commissioners does hereby establish a thirty five miles
24 per hour (35 mph) speed limit on C.R. 846 (Immokalee Road) from Oaks
25 Boulevard easterly for a distance of one mile, and does hereby direct the
26 County Transportation Services Department to erect appropriate advance
27 warning "REDUCE SPEED AHEAD" signs and speed limit signs giving
28 notice thereof.
29 2. These speed limit reductions shall cease when appropriate at the discretion of
3o the County's Trm~sponation Services Department.
31 3. A copy of this Resolution be forwarded to the Collier County Sheriffs Office
32 for proper enforcement of the of the established speed limit for C.R. 846
33 (Irnmokalee Road) within the designated segment.
34
35 This resolution adopted after motion, second and majority vote favoring same this
36 __dayof ,1999.
37
38 ATTEST: BOARD OF COUNTY COMMISSIONERS
39 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
40
41 By: By:
42 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
43
44
45 Approved as to form and
46 legal sufficiency:
s, PAGE / OF /' " FEB O 9 1999
PG._
EXECUTIVE SUMMARY
A REPORT AND STAFF RECOMMENDATION REGARDING THE SOLID
WASTE EXPORT CONTRACT ALTERNATIVES OFFERED BY WASTE
MANAGEMENT INC. OF FLORIDA.
OBJECTIVE: To report to the Board of County Commissioners (BCC) on the results of
the solid waste export trucking contract negotiations and provide a staff recommendation
regarding the alternatives offered by Waste Management of Florida, Inc. (WMI).
CONSIDERATION: On January 6, 1998 (Agenda Item 8B2) the BCC directed staff to
pursue the acquisition of landfill site "L", provide a cost study of developing site "L" and
issue a Request for Proposals (RFP) for the exportation of the County's solid waste. The
export RFP was issued on January 30, 1998. RFP responses were due on March 5, 1998.
On March 24, 1998, an executive summary was presented to the BCC (Agenda Item 8B 1 )
addressing the export RFP and solid waste management options. The BCC directed staff
to negotiate the terms of a solid waste export-trucking contract with WMI. In addition,
the County Attorney recommended that the County employ outside counsel to assist the
County staff in negotiating the contract terms and the BCC agreed.
After a series of negotiation meetings during a period of approximately nine months,
WMI presented the County with two contract options. The key components of these
options are provided in a matrix attached as Attachment 1. A detailed summary of
negotiation issues is provided in a report compiled by the County' s outside counsel and is
identified as Attachment 2.
The merger of WMI and USA Waste, the only respondents to the RFP, has impacted the
alternatives offered. In fact, most of the WMI personnel involved in developing and
submitting the RFP response have been replaced by USA Waste management personnel.
The most significant factor in this merger is that the newly merged company has control
of all viable landfill capacity in South Florida.
A major issue in the negotiations has been the ability for the County to have the option to
terminate the proposed twenty-year agreement at the end of ten years. While this option
was not included in the original RFP, the County negotiating team felt this option was
necessary in order for the County to avail itself of a more cost effective solid waste
management alternative should it present itself in the future. Early termination clauses
FEB O 9 1999
are common in solid waste contracts. Two major issues that were WMI exceptions to the
original RFP, and listed in Section 9 of their response, have also been problems in the
negotiation process. These are WMI's insistence that they be provided with a guaranteed
minimum income in the form of a "put or pay" provision and a fuel adjustment payment
clause. A "put or pay" provision means that a minimum number of solid waste tons is
guaranteed to be delivered to the transfer station or landfill and, should this not occur, the
County would pay WMI for any associated revenue shortage. The details of these
stipulations are addressed in Attachments 1 and 2.
The negotiating team recognized that a reasonable cost should be incurred to exercise an
early termination clause if and when the County would choose to do so. In their contract
alternative "A", WMI placed a significant premium on this option by requiring a much
higher per ton fee ($34.15) to be paid by the County regardless of whether the County
exercised the option or not. The extra fee, when compared to the $26.99 fee in alternative
"B", would amount to more than 21 million dollars by the end of the 10th year and more
than 50 million dollars by the end of the 20th year.
The terms of the WMI contract alternative "A" places a significant premium on a right
that the County should obtain, an early termination clause, and contains a "put or pay"
provision. The WMI contract alternative "B" does not include the early termination
clause, but does incorporate the "put or pay" clause. Therefore, based on these terms,
staff cannot recommend either alternative as a viable contract for the Board's
consideration. In an effort to arrive at an arrangement with terms that both parties could
accept, although the terms were not ideal because of the "put or pay" provision, staff
offered a third alternative identified as Alternative "C" in Attachments 1 and 2. WMI
rejected this alternative.
Therefore, staff recommends that the BCC reject the WMI contract alternatives and direct
staff to cease contract negotiations.
In making the above recommendation, staff would suggest that we proceed as follows:
1. Continue landfill operations under the current landfill operating agreement
with WMI while aggressively initiating actions necessary to ensure that
improvements to eliminate odor migration from, the land fill site are
implemented.
2. Since a competitive solid waste disposal environment does not presently exist
in South Florida, staff would not recommend that a new RFP for export
trucking be issued at this time. Because the first opportunity to close the
existing landfill does not occur until May 2003, the County has at least two
years to investigate disposal alternatives, including other export opportunities,
that may develop during that time frame.
3. Continue steps to acquire site "L" for purposes of meeting the long-range
solid waste management needs of the County.
FISCAL IMPACT: A cost matrix is provided as Attachment 3. The option of
transporting waste to a new landfill within the County at site "L" and the existing landfill
operation is included for the sake of comparison. The premium to export waste in the
WMI proposals is provided in terms of cost per ton and cost per residential assessment.
GROWTH MANAGEMENT IMPACT: The current landfill site meets the level of
service standard of a minimum of two years of currently available lined cell capacity until
the end of 2002. The current lined cell will be filled to total capacity in 2004. The
current site meets the level of service standard of a minimum of 10 years total capacity
until the end of 2004. The total capacity will be consumed at the end of 2014. These
dates are based on conservative capacity estimates.
RECOMMENDATION:
That the Board of County Commissioners:
1) Reject the alternatives offered by WMI for the export of County solid waste.
2) Continue landfill operations under the current landfill operating agreement with WMI
while aggressively initiating actions necessary to ensure that improvements to eliminate
odor migration from the landfill site are implemented.
3) Continue to investigate solid waste disposal alternatives during the next two years with
the need to identify a disposal alternative prior to the end of 2001.
4) Continue steps to acquire site "L" to meet the long-range solid waste management
needs of the County.
SUBMITTED BY: / " /-" Date:
David W. Russell, Director, Solid
Waste Management Department
APPROVED BY:Jd~~~=L~ Date:
Ed Ilschner, Public Works Administrator
ATTACHMENT
1 ~20~99
WMI - Trucking Contract Alternatives
Alternative A Alternative B Alternative C
Contract Provisions
Base Rate $34.15 $26.99 $26.99
Construction Mgmt. Custom Build Design-Build Design-Build
$2.5 mil cap.
Construction Time 18 mos. 18 mos. 18 mos.
Penalties
Construction i$250/545 days $0 to 720 days $250/545 days
Construction $500/720 days $250/720 days $500~720 days
Operational $500/day $100/day $250/day
Fuel Adjustment CPI Adj. Only Base @ $1.10 0.30 cent spread
CPI Adj./County CPI Adj.or
Cost above Base CPI Monthly Adj.
Sliding Scale Base Rate to ., Base Rate to None
117% of Base 117% of Base
or $4.2 mil or $4.2 mil
Put or Pay No No Yes
$4.2 Mil floor
Ten Year Term Yes No Yes
60% of Transfer $1.25 rail T.S.
Station Cost or $1.0 mil L.D.
$1.5 mil. Plus Total $2.5 mil
Base Rate Incr.
yield $21.4 mil.
Premium $50 mil,/20 years None None
Current Rate / Year $110.26 $110.26 $110.26
New Rate / Year ** $133.86 $125.20 $125.20
Annual Increase $23,60 $14.94 $14.94
Per Customer
** Note: Rate includes post closure cost ($1.25/ton) and early contract buy-out cost ($0.34/ton).
NO .. AG~{~,t~
FEB 0 9 1999
PG.
Sheet1
ATTACHMENT 3
EXPORT CONTRACT COST IMPACTS
EXPORT EXPORT CURRENT SITE "L"
ALT A ALT B LANDFILL LANDFILL
CONTRACTOR FEE 34.15 26.99 16.24 19.90
OVERHEAD AND RESERVES 10.40 10.40 10.40 10.40
POST CLOSURE COST (1) 1.25 1.25 0 1.25
BUY OUT COST (2) 0.34 0.34 0 0.34
TIP FEE 46.14 38.98 26.64 31.55
TIP FEE INCREASE 73% 46% 0% 18%
RESIDENTIAL WASTE
GENERATION RATE IN
TONS PER HOUSEHOLD 1.21 1.21 1.21 1.21
ASSESSMENT
DISPOSAL CHARGE (3) 55.83 47.17 32.23 38.18
COLLECTION CHARGE 78.03 78.03 78.03 78.03
ANNUAL ASSESSMENT 133.86 125.20 110.26 116.21
ASSESSMENT INCREASE 21% 14% 0% 5%
INCREASE FROM CURRENT $23.60 $14.93 $0.00 $5.94
(1) Early termination of the existing landfill operating contract requires the County to assume
post closure monitoring resposibility estimated at $300,000. per year for a minimum of 30 years.
(2) Buy out cost is the pay out for alternative "B" of the current landfill operating
contract at $2,686,403 divided by 7,870,653 tons over 20 years equals 34 cents per ton.
(3) The disposal portion of the annual assessment is bases on the landfill disposal fee
times the tons per household waste generation rate which is currently 1.21 tons per household.
The generation rate is based on residential tonnage divided by residential units.
Page 1 FEB O 15)99
..
ATTACHMENT 2
FEB O 9 1~)99
LANDERS & PARSONS, P.A.
ATTORNEYS AT LAW
DAVID S. DEE MA~LING ADDRESS:
JOSEPH W. LANDERS, JR.
JOHN t. L~VIA, rTT POST OFFICE BOX 271
FRED A. McCORMACK TALLAHASSEE, FL 32302-0271
PHILIP S. PARSON5
ROBERT SCHEFFEL WRIGHT
310 WEST COLLEGE AVENUE
HOWELL L. FERGUSON TALLAHASSEE, FL 32301
Of COUNSEL
TELEPHONE (BSOI 6B1-0311
VICTORIA J. TSCHINKEL
TELECOPY {850! 224-5595
SENIOR CONSULTANT
iNOT A MEMBER OF THE FLORIDA BAR, www. landersanc~parscns.com
TO: Ed Ilsc'hner, Public Works Administrator
David Weigel, County Attorney
FROM: David S. Dee, Esq. ~. k
Landers & Parsons, P.A. _ -
DATE: January 21, 1999
RE: Status Report Concerning Negotiations
Between Collier County and WMIF
This law firm has been assisting Collier County (County)
with its efforts to negotiate a mutually satisfactory contract
with Waste Management Inc. of Florida (WMIF) for solid waste
management services. At the County's request, we have prepared
this status report, which describes some of the major policy
issues that should be considered by the Board of County
Commissioners (Board) of Collier County before the County
conducts further negotiations with WMIF.~
~ We have used our best efforts to ensure that the
information in this status report is accurate, fair and
objective. Nonetheless, for the purposes of full disclosure, we
would note that this law firm represents several clients that may
wish to provide solid waste management services to Collier County
in the future and, therefore, it is possible that our clients may
be in competition with WMIF in the future. Although we believe
this status report fairly describes WMIF's position in its
negotiations with the County, we are disclosing our
representation of other clients at this time to ensure that the
Board is fully informed when it considers this status report.
1
FEB O 9 1999
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 2
I. EXECUTIVE SUMMARY
WMIF has offered to dispose of Collier County's solid waste
at an out-of-county landfill, subject to certain terms and
conditions that WMIF has presented in two alternative proposals.
In both alternatives, WMIF wants a "put or pay" contract--i.e., a
guarantee from the County that WMIF will receive enough solid
waste or cash from the County to ensure that WMIF is paid at
least $4,200,000 each year for certain services. Under WMIF's
Alternative "B" WMIF will dispose of the County's garbage,
provided that t~e County will:
(a) pay a fee of $26.99 per ton;
(b) keep its contract with WMIF in effect
for at least 20 years; and
(c) pay a "fuel adjustment"--i.e., an
additional fee if the price of diesel
fuel increases more than the increase in
the Consumer Price Index.
The County's ability to control WMIF's operations under
Alternative "B" would be relatively limited.
Under WMIF's Alternative "A":
(a WMIF's fee will be $34.15 per ton;
(b the County will have the right to
terminate WMIF's contract after 10
years; and
(c the 'County will have greater control
over WMIF's activities.
Both of WMIF's alternatives offer benefits to the County,
but both alternatives also have shortcomings. Most
significantly, WMIF's proposed fee in Alternative "A" appears to
be too high and the 20 year minimum term for Alternative "B"
appears to be too long. The "put or pay" provision in both
alternatives also may be problematic. Given these shortcomings
in WMIF's proposals, the County is reluctant to conduct further
negotiations with WMIF until the Board decides how it wishes tc
proceed.
FEB 0 9 1999
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 3
All of these issues are discussed in more detail in the
following sections of this status report.
II. BACKGROUND INFORMATION
In January 1998, Collier County issued a Request for
Proposals (RFP) to export the County's solid waste to out-of-
county facilities. In March, 1998, WMIF submitted a proposal to
dispose of the County's "lined cell waste"2 for $26.99 per ton.
The County subsequently decided to commence negotiations with
WMIF because WMIF submitted the lowest cost proposal.
Thereafter, the County and WMIF discussed the general
concepts that would be embodied in their contract. When it
appeared that the County and WMIF had reached an informal
consensus on several issues, the County prepared a draft contract
and submitted it for WMIF's review. The County was aware that
WMIF objected to some of the key provisions in the draft
contract3. To move forward with the negotiations, the County
asked WMIF to provide the County with a written description of
WMIF's position regarding several issues.
2 "Lined cell waste" refers to household garbage and other
types of solid waste that must be disposed of in a "lined cell"--
i.e., a landfill with a liner and leachate collection system.
3 While the County's negotiations with WMIF were
underway, WMIF and its parent corporation were acquired by USA
Waste Services, Inc. (USA Waste). The merger of WMIF and USA
Waste affected the County's negotiations in two ways. First,
WMIF and its parent corporation now are operated by a different
management team. Many of the former employees of WMIF are no
longer with the company. These personnel changes may have
resulted in a change in the company's attitude about some of the
issues involved in the negotiations with Collier County. Second,
WMIF and USA Waste are no longer competitors. As a result of the
merger, there are no longer any private companies in a position
to compete with WMIF for the right to dispose of Collier County's
solid waste. Consequently, WMIF no longer needs to be concerned
about providing the lowest and best price to Collier County for
solid waste disposal services.
These issues were previously discussed in a status report
(dated September 29, 1998) to the Board from Mr. Ed Ilschner.
FEB 0 9 lS99
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 4
In a letter dated December 2, 1998, Waste Management
presented two alternative proposals tothe County.4 On December
17, 1998, the County and WMIF met and discussed WMIF's proposals
in more detail. Since WMIF's proposals were not readily
acceptable tc the County, the County presented a counterproposal
for WMIF's consideration. The County's counterproposal was
rejected by WMIF in a letter dated December 18, 1998.
At this time, WMIF says that it is willing to provide solid
waste services to Collier County in accordance with the general
terms set forth in WMIF's Alternative "A" or WMIF's Alternative
"B".s We do not know whether WMIF would accept any other
alternatives.
III. WMIF'S PROPOSALS
WMIF's two proposals have some common elements. For
example, under both of WMIF's alternatives, WMIF will design and
build two solid waste transfer stations for Collier County. One
transfer station will be located at the Naples Landfill; another
will be located at the Immokalee Landfill. For the purposes of
the parties' negotiations, it has been assumed that the two
transfer stations can be designed, permitted and built for a
total cost of $2,500,000.
Under both of WMIF's proposals, the County will pay a
"Service Fee" to WMIF for each ton of solid waste that WMIF takes
to an out-of-county landfill for disposal. The Service Fee will
compensate WMIF for: (a) the capital cost of constructing the
transfer stations; (b) WMIF's finance charges (i.e., interest on
the capital cost); (c) the cost of the equipment and personnel
needed to operate the transfer stations; (d) the cost of
transporting the County's solid waste to the disposal facility;
and (e) the cost of disposal.
4 A copy of WMIF's letter is attached hereto.
s There are only a few issues to be resolved by the Board at
this time, but other issues will need to be addressed by WMIF and
the County before they agree on the details of their contract.
WMIF's letter (dated December 2, 1998) expressly states that the
letter
"is not intended to be all inclusive. There are
undoubtedly other issues that will require further
discussion and negotiation."
FEB O 9 1999
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 5
A. WMIF's "Put or Pay" Proposal
WMIF's Alternatives "A" and "B" include a "put or pay"
provision. Under both alternatives, WMIF wants Collier County to
pay at least $4,200,000 each year in Service Fees.
The County may satisfy this requirement in either one of two
ways. The County may deliver enough solid waste to the transfer
stations each year so that the County is obligated to pay Service
Fees to WMIF in an amount equal to or greater than $4,200,000.6
If the County does not bring enough solid waste to the transfer
stations, the County must pay WMIF enough to bring the County's
total payments to $4,200,000. Thus, the County either must "put"
enough solid waste at the transfer stations or "pay" enough money
to provide WMIF with $4,200,000 each year.
WMIF claims that it must earn at least $4,200,000 each year
to pay the cost of constructing, financing and operating the
transfer stations. The validity of WMIF's claim cannot be fully
assessed by the County because the County does not have access to
WMIF's financial. analyses and pro forma for this project. For
the same reason, the County does not know the amount of the
interest and profit, if any, that are included in WMIF's demand
for $4,200,000 per year.7
6 If the County accepts Alternative "B" and pays a rate of
$26.99 per ton, the County wilt need to deliver approximately
155,614 tons per year of "lined cell waste" to incur Service Fees
of $4,200,000. If the County accepts Alternative "A" and pays
$34.15 per ton, the County will need to deliver approximately
122,987 tons per year to meet its obligations under WMIF's "put
or pay" contract.
7 WMIF has not revealed the interest rate that the County
must pay to WMIF for financing the construction of the transfer
stations. Similarly, WMIF has not revealed the amount cf profit
that W'MIF will receive from the County for its work under the
County's contract. However, in the County's negotiations with
WMIF, WMIF has stated that WMIF expects its profit on this
project to be equal to or greater than 20 percent of its gross
revenues.
FEB O 9 1999
,, PS. It.)
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 6
B. Potential Problems with WMIF's "Put or Pay" Proposal
WMIF's "put or pay" contract poses some risk for the
County. WMIF wants the County to guarantee that the County will
deliver a minimum amount of solid waste or cash to WMIF each
year.e The County would bear the risk that the quantity of
solid waste delivered to the transfer stations might decline.
According to the information provided to us by the County,
it is reasonable to assume that Collier County will be able to
provide enough solid waste to the transfer stations to avoid the
payment of any funds to WMIF pursuant to WMIF's "put or pay"
proposals.
Nonetheless, it should be recognized that future events may
adversely affect Collier County's ability to continuously satisfy
WMIF's requirement. Waste reduction programs, recycling,
composting, or other solid waste management options in the future
may reduce the amount of the County's solid waste that needs to
~--- be disposed of in WMIF's landfills. The County's ability to
provide a sufficient quantity of solid waste to WMIF also may be
adversely affected if the County is unable to direct the
community's solid waste to the transfer stations through the use
of "flow control" mechanisms.~
e In this regard, WMIF's proposal is inconsistent with
Section 1.4 of the County' s RFP, which states that "[n] o
guarantee is made [by the County] as to the amount of waste
delivered to the transfer stations."
s In 1994, the U.S. Supreme Court issued a broadly worded
opinion in C & A Carbone, Inc., v. Town of Ciarkstown, N.Y., that
invalidated a solid waste "flow control" ordinance and raised
significant doubts about a local government's authority to direct
solid waste to the government's preferred solid waste management
facility. The Court's decision disrupted the solid waste
management programs in many communities, including Lee County and
Dade County, which were predicated upcn the belief that the local
government could require its citizens to deliver their solid
waste to the County's solid waste management facilities. Some
local governments in Florida currently are using franchise
agreements and other mechanisms to achieve "flow control," but
there are still some uncertainties about the current state of the
law on this subject. We cannot accurately predict whether there
will be changes in the applicable laws or judicial precedents in
the future that may adversely affect Collier County's ability to
FEB 9 IS99
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 7
A "put or pay" contract may become onerous. If the County
fails to deliver the specified amount of solid waste, the
County's cost per ton for WMIF's services will increase as the
quantity of waste declines. In a worst case scenario, Collier
County would be obligated to pay $4,200,000 to WMIF, even if the
County did not deliver any solid waste to the transfer stations
and WMIF did not dispose of any solid waste for the County.
A "put or pay" contract also may restrict the County's
ability in the future to use a solid waste management system or
facility that the Board deems more desirable or cost effective
than disposal in WMIF's landfills.
"Put or pay" contracts have become controversial in some
communities, including Broward County, which signed "put or pay"
contracts with Wheelabrator for the operation of two resource
recovery facilities. Although Broward County used its best
efforts to estimate the amount of solid waste that the County
could guarantee to Wheelabrator, the County has not always been
able to satisfy its contractual obligation. As a result, there
have been times when the County had to pay additional funds to
Wheelabrator. The County's contract also has been criticized by
environmentalists, who allege that the County's obligation to
deliver solid waste to Wheelabrator has hindered the County's
ability to pursue recycling and other waste minimization
programs.
C. Alternatives to "Put or Pay"
It is not unreasonable for WMIF to request some assurance
that Collier County will deliver its non-recyclabie solid waste
to the transfer stations. Indeed, the County tried to address
WMIF's concern in Section 1.4 of the County's RFP, which states
that the County "will take all reasonable and practicable effort
to cause its franchisees to deliver their waste to the transfer
stations." The County also included similar language in the
draft contract that was presented to WMIF.
control the flow of solid waste.
FEB O 9 1S99
--- Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 8
Over the past few years WMIF has agreed to sign contracts
similar to the one offered by Collier County, even though those
contracts did not include a."put or pay" clause. In those cases,
the local governments agreed to use a "sliding scale" (i.e., a
fee schedule in which the rate per ton increases when the amount
of solid waste decreases), but the local governments did not
guarantee the delivery-of solid waste or guarantee the payment of
a minimum sum to WMIF. In effect, WMIF and the local government
shared the risk that the flow of solid waste might decline.
When Collier County asked WMIF about these prior cases, WMIF
responded that its prior actions do not bind it to any course of
action with Collier County because each project must be evaluated
on its own merits. Further, WMIF has new management and WMIF's
decisions now may differ from its decisions in the past. See
footnote 3, above.
Nonetheless, at Collier County's request, WMIF did submit a
sliding scale as part of its Alternatives "A" and "B" In this
case, however, WMIF's sliding scale is combined with a "put or
pay" guarantee of $4,200,000. Thus, WMIF's proposed sliding
scale for Alternatives "A" and "B" does not address the County's
fundamental concern--the elimination of the "put or pay"
provision. In addition, under WMIF's sliding scale proposal,
there would be instances when the County would provide more than
$4,200,000 of solid waste to WMIF, but the County would be
obligated to pay even more money to WMIF under WMIF's sliding
scale than the County would pay under a "put or pay" contract.~e
Given these circumstances, the County informed WMIF that the
County did not wish to pursue the use of a sliding scale under
the terms proposed by WMIF. The County and WMIF then informally
agreed that any further discussions about WMIF's Alternatives "A"
and "B" would be based on the assumption that the alternatives
include WMIF's "put or pay" requirement, but not WMIF's proposed
sliding scale.
~0 For example, under Alternative "A", the County will pay
more money to WMIF with WMIF's sliding scale than the County
would pay under a "put or pay" contract in any year in which the
--- County's deliveries to WMIF range between 105,132 tons and
214,999 tons.
FEB O 9 1,999
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 9
IV. WMIF'S ALTERNATIVE "B''~=
Under Alternative "B", WMIF will dispose of the County's
"lined cell waste" for a fee of $26.99 per ton, provided that the
County agrees to:
(a) keep the contract in effect for at least
20 years; and
(b) pay an additional fee [i.e., a "fuel
adjustment"] to WMIF if the price of diesel
fuel increases faster than the Consumer Price
Index.
A. Twenty Year Contract
In Section 1.3 of its RFP, the County solicited proposals
for a 20 year contract, with waste disposal services beginning on
May 1, 2003 and continuing until May 2023. The County's RFP did
not ask for proposals based on a shorter term, but in its
negotiations with WMIF, the County has asked WMIF for the right
to terminate the contract after 10 years. WMIF has responded
that WMIF's proposed fee of $26.99 per ton cannot be offered to'
the County as part of a shorter contract because WMIF's proposal
is "back-end loaded"--i.e., WMIF expects to earn a substantial
portion of its profit during the latter stages of the contract
term.n
n We will discuss Alternative "B" first because Alternative
"B" is based on the per ton fee that was included in WM!F's March
1998 proposal to the County. This approach also makes it easier
to discuss Alternative "A".
n There are several reasons why WMIF's profits from this
contract are expected to increase over time. The population in
Collier County is expected to increase significantly during the
next 20 years and, therefore, the amount of solid waste generated
in Collier County is expected to increase significantly. More
solid waste is likely to mean more revenue for WMIF. In
addition, the County's RFP states that each year the County will
increase the amount of the per ton fee it pays to WMIF, based on
100% of the most recent annual increase in the Consumer Price
Index(CPI). The County's annual CPI increases will allow WMIF
to increase its profit margin each year because WMIF's expenses
generally do not increase as much as the CPI. Over a 20 year
period, these CPI increases and the concomitant profit for WMIF
FEB 0 9 1 99
PS..... / ~
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 10
WMIF's proposal for a 20 year contract raises several
significant issues. At the outset, it should be noted that WMIF
has offered an attractive rate ($26.99 per ton for lined cell
waste) to Collier County for WMIF's services during the initial
period of the contract. The County also may derive some comfort
from the knowledge that WMIF will take the County's solid waste
to WMIF's disposal facilities for a period of 20 years.
It is unclear, however, whether WMIF's rate will be
competitive over the long term. As explained in footnote 12,
WMIF's profit margin and per ton rate will increase over time.
Since WMIF's proposal is "back-end loaded", it is difficult to
predict whether WMIF's rate will be competitive during the latter
half of a 20 year contract.
It also is difficult to predict whether a 20 year contract
will penalize the County in the future by precluding the County
from taking advantage of less expensive or more desirable solid
waste management options. If the County accepts WMIF's
Alternative "B", the County will be obligated to take the
---~ County's solid waste to WMIF's landfill until May 2023. The
County would be able to terminate its contract with WMIF if WMIF
failed to perform in compliance with the terms of the County's
contract, but the County could not terminate its contract to take
advantage of other solid waste management options that were less
expensive or environmentally more attractive. Of course, it is
debatable whether such options will become available to the
County before 2023.
It is notable, however, that in 1997 Alachua County signed a
contract with WMIF for the transport and disposal of Alachua
County's solid waste. Within one year, Atachua County cancelled
the contract because the County found a less expensive disposal
facility.
may become substantial. WMIF's profits will be compounded by the
growth in the waste stream. Over time, there will be a greater
number cf tons for WMIF to handle, and WMIF's profit per ton will
be greater.
WMIF's profit per ton also will increase because WMIF will
enjoy economies of scale, especially at. the landfill and the
transfer stations. After the quantity of solid waste reaches a
certain level, WMIF's incremental cost of handling an additional
ton of material will be relatively small, but the County's
payments to WMIF will continue t'o be made at the same per ton
rate. As a result, WMIF's profit margin will increase.
FEB 0 9 1999
PG.
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 11
It also is noteworthy that WMIF's 1997 contract with Alachua
County and a similar 1998 contract with Leon County included
provisions that would allow those communities to terminate their
contracts after six, ten or fifteen years of operations. Those
communities wanted the flexibility to terminate their contracts
early so that they could respond if better options became
available to them.
B. Fuel Adjustment
WMIF wants Collier County to pay an additional fee (i.e., a
"fuel adjustment") if the cost of diesel fuel increases at a rate
that exceeds the rate of increase in the Consumer Price Index.
WMIF claims that a fuel adjustment is essential to WMIF because
fuel costs will comprise a significant portion of WMIF's cost of
operating under the County's contract. WMIF is primarily
concerned about its potential expenses in a hypothetical
situation where fuel prices escalate rapidly, as they did during
the OPEC crisis in the 19708.
WMIF's proposal would provide protection for WMIF if fuel
prices rose rapidly, but the proposal does not offer any benefits
for the County if fuel prices decline. If fuel prices decline,
WMIF's price to the County would remain the same and WMIF's
profit margin would increase.
The County has offered to increase WMIF's fee each year,
based on 100% of the annual increase in the CPI, which is
designed to account for inflation in the economy, including
inflation in the cost of fuel. In most (if not all) years, the
CPI will increase at a rate that is greater than the rate at
which WMIF's expenses increase.
We can only speculate as to whether fuel prices would ever
increase enough to trigger the payment of a fuel adjustment to
WMIF. However, the County believes that its offer to pay full
CPI increases is generous and will adequately protect WMIF's
interests without a fuel adjustment.
We can only speculate about the amount of the fuel
adjustment that Collier County would need to pay if fuel prices
rose rapidly. Based on a number of assumptions, the County
estimates that the County would pay approximately $6,280 if the
County were required tc pay a $0.01 per gallon fuel adjustment in
2013. A $0.01 per gallon fuel adjustment in 2023, when the waste
FEB 0 9 1S99
PG.
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 12
volume is greater, would compel the County to pay approximately
$8,440 to WMIF. Of course, the fee to WMIF would increase in
direct proportion to the size of the fuel increase and the amount
of solid waste handled by WMIF.~3
C. County Control Over WMIF Operations
WMIF's Alternative "B" contains some provisions that would
allow Collier County to control WMIF's construction and operation
of the transfer stations, but the County's rights and remedies
would be relatively limited. For example, the County would have
the ability to impose penalties of $100 per day if WMIF failed to
operate the transfer stations in compliance with the requirements
of the Florida Department of Environmental Protection (DEP) or if
WMIF created an unsafe condition at one of the transfer stations.
The County also could terminate its contract with WMIF if WMIF
materially breached the contract. However, the County would not
have any practical or readily available remedies if WMIF failed
to satisfy its contractual obligations concerning the day-to-day
operations at the transfer stations.~
m3 For example, if the cost of fuel increases enough in 2013
to warrant a $0.40 per gallon increase pursuant to the "fuel
adjustment" provisions of the contract, it is estimated that WMIF
would receive a payment cf approximately $251,200 (i.e., 40 x
$6,280 = $25i,200). Using the same assumptions in 2023, when
there is more solid waste to be handled and thus more fuel to be
used by WMIF, the payment to WMIF would be $337,600 (40 x $8,440
= $337,600).
~4 For example, the County wants WMIF to operate the
transfer stations in a manner that will minimize the potential
for odors. In this regard, the County would like WMIF to wash
the tipping floor and clean the facility on a regular basis. The
County also wants WMIF to take other steps to ensure that there
will be no environmental contamination as a result of WMIF's
operations. The County's proposed contractual requirements go
beyond DEP's regulations because the contract is designed to
ensure that the County will not receive complaints from DEP or
the public. Under WMIF's Alternative "B", the County could
terminate its contract with WMIF, but the County could not
otherwise compel WMIF to comply with these contractual
obligations.
FEB 0 9 1999
Ps./7
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 13
WMIF contends that it cannot offer its $26.99 per ton fee to
Collier County if WMIF will be exposed to any additional risks or
costs, such as the risk that Collier County might impose monetary
penalties against WMIF for violations of its contractual
obligations. We believe this contention is not well founded.
WMIF's collection contract with Collier County, and many of its
contracts with other communities, contain penalty provisions like
the ones proposed in this case by the County. WMIF routinely
accepts the risk of penalties for its failure to perform. If
WMIF performs well, and WMIF claims it will, there will be no
penalties to pay. Even if we assume that WMIF may incur some
penalties for non-performance, an increase in WMIF's fee of one
penny ($0.01) per ton would generate more than enough money over
20 years to exceed the amount of any potential penalties.
V. WMIF'S ALTERNATIVE "A"
WMIF's Alternative "A" includes the following features:
(a) WMIF's fee for the disposal of lined
cell waste will be $34.15 per ton;
(b) the County will have the right to
terminate the contract after 10 years;
(c) if the County exercises this right, the
County will pay WMIF a fee equal to 60%
of WMIF's cost for the construction of
the transfer stations;
(d) the County will have greater control
over the design, construction and
operation of the transfer stations; and
(e) there will be no fuel adjustment for
increased fuel costs.
WMIF contends that Alternative 'A" is responsive to the issues
that the County has raised during its negotiations with WMIF, but
reflects the higher price per ton that WMIF must receive if WMIF
is required to accept any additional risks or responsibilities in
its contract with the County.
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 14
A. Ten Year Contract
Under Alternative "A", Collier County will have the right to
terminate its contract with WMIF after 10 years of operations
(i.e., 2013). This right could be exercised for any reason
(e.g., the County wishes to use a better or less expensive
disposal option). The County also will have the right to
continue under the WMIF contract until 2023, if the County chose
to do so.
In its negotiations with WMIF, the County informed WMIF that
the County would like to have the ability to terminate the
contract in less than 20 years. The County would like to avoid
the potential problems that have been described in Section IV.A.,
above. Alternative "A" would help the County address its concern
that a 20 year contract, without any option to terminate, may be
too long.
B. Paystents for Early Termination
Under Alternative "A", if the County terminates the WMIF
contract after 10 years, the County will pay sixty (60) percent
of the construction and permitting costs that WMIF expended on
the project. Since it is assumed that the transfer stations will
cost $2,500,000, it is assumed that the County's costs to WMIF
under Alternative "A" will be $1,500,000 (i.e., 60% x $2,500,000
: $1,500,000).
As noted above, the cost of the transfer stations will be
paid by the County as part of the Service Fees. In effect, the
cost of the transfer stations will be paid over a period of 20
years. If the County terminates the contract early, there will
be some portion of WMIF's cost that will remain unpaid.
WMIF's proposal for recovering its costs for the transfer
stations is not unreasonable. We could debate whether WMIF is
entitled to 60% (vs. some other percentage) of the construction
costs, but we agree that WMIF will be entitled to some additional
payment to cover its expenses if the contract is terminated by
Collier County after i0 years.
FEB 0 9 1S99
Memo to Ed Ilschner and David Weigel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 15
C. County Controls Over WMIF's Activities
Alternative "A" will give Collier County a greater degree of
control over WMIF's activities than Alternative "B". Under
Alternative "A", the County will have a greater involvement in
the design and construction of the transfer stations. The County
also will have the ability to impose requirements on WMIF's
operations that are more extensive than the requirements imposed
by the Department of Environmental Protection. If WMIF fails to
complete the construction of the transfer stations in a timely
manner or fails to operate the transfer stations in accordance
with the County's contract, the County may impose penalties up to
$500 per day.
These types of controls over WMIF have been requested by the
County during its negotiations with WMIF. Alternative "A" is
beneficial to the County because the controls provided in
Alternative "A" will help ensure that WMIF designs, builds and
operates the transfer stations in a manner that is consistent
with the County's desires.
D. WMIF's Proposed Fee
In WMIF's Alternative "A", the cost of processing "lined
cell waste" is $34.15 per ton. WMIF claims that this fee is
necessary to pay for the additional benefits that the County will
enjoy under Alternative "A", which primarily consist of: (i) the
right to terminate the contract after 10 years; (ii) greater
control over WMIF; and (iii) no fuel adjustment.
The proposed fee for Alternative "A" is $7.16 per ton (26%)
greater than the fee for Alternative "B". If the County accepts
Alternative "A" and uses WMIF's services for the first 10 years
of the contract, the County will pay WMIF approximately
$21,400,000 more than it would pay under Alternative "B." If the
County continues with WMIF under Alternative "A" for a total of
20 years, the County will pay WMIF approximately $50,160,000 more
than it would under Alternative "B".
In the County's negotiations with WMIF, WMIF stated that it
would not agree to allow the County to terminate the contract
.after 10 years unless the County agrees to pay WMIF the profits
that WMIF anticipates receiving during the last 10 years of the
contract. According to WMIF, those anticipated profits for years
11 through 20 will be equal to at least 20% of the gross revenues
that WMIF receives during those same years.
FEB 0 9 S99
Memo to Ed Ilschner and David Weigel
Re: Status Report Coacerning Negotiations
Between Collier County and WMIF
Page 16
It appears that the price per ton in Alternative "A"
includes part or all of WMIF's anticipated profits for years 11
through 20 of the contract. Although Alternative "A" does
include some provisions that may increase WMIF's potential costs,
we believe those potential costs do not account for the
significant increase in the per ton fee presented in Alternative
"A". We believe that WMIF is charging a substantial premium to
Collier County for the right to terminate the contract after !0
years.
WMIF is unwilling to reduce the per ton fee in Alternative
"A" if the County ultimately decides that it does not wish to
exercise its right to terminate. Thus, WMIF would collect a
windfall if the County selected Alternative "A", paid the fee of
$34.15 per ton, and used WMIF's services for 20 years.
To support its claim that Alternative "A" is reasonable,
WMIF notes that $34.15 per ton is competitive with the price
proposed by USA Waste in its response to the County's RFP. This
statement may be true, but it raises concerns that WMIF may be
trying to get whatever price the market will bear. Since USA
Waste is no longer in competition with WMIF for Collier County's
business, WMIF's current proposal of $34.15 may be designed to
take advantage of a non-competitive marketplace for solid waste
disposal services.
VI. COLLIER' S COUNTER-PROPOSAL TO WMIF
During the County's negotiations with WMIF, it became
apparent that WMIF's Alternatives "A" and "B" were not readily
acceptable to the County. In an attempt to move forward with the
negotiations, the County presented a counter-proposal to WMIF,
which contained the following elements:
(a) The County will pay $26.99 per ton to WMIF to dispose
of lined cell wastes.
(b) WMIF will be given a budget of $2,500,000 to pay for
the construction of the two transfer stations.
(c) The County will agree to a "put or pay" contract with a
guarantee for $4,200,000 in revenues to WMIF.
(d) The County will pay a fuel adjustment if there is a
substantial increase in fuel costs, but the terms of
the fuel adjustment will be based on the contract
provisions that WMIF has accepted in other recent
cases.
FEB 0 9 lS99
Memo to Ed Ilschner and David We~gel
Re: Status Report Concerning Negotiations
Between Collier County and WMIF
Page 17
(e) The County will have the right to terminate the
contract after ten years of operations (i.e., 2013).
If the County exercises this right, the County will pay
$1,250,000, which represents one-half of the cost of
the transfer stations. In addition, if the County
terminates the contract after 10 years, the County will
pay $1,000,000 to WMIF as liquidated damages to
compensate WMIF for anticipated profits.
(f) The County will have the right to assess penalties
against WMIF if WMIF fails to construct the transfer
stations in a timely manner or fails to operate the
transfer stations in compliance with the contract.
The County's counter-proposal was rejected by WMIF.
cc: Robert Zachary
David Russell
Mark Lawson
John House
Ron Kaplan, WMI
Steve Bigelow, WMI
/Coll. 011
FEB 0 9 1599
WASTE MANAGEMENT
2700 N~
Pompano Beach, FL 33073
(954) 984-2000
(954) 984-2058 Fax
December 2, 1998
Ed Ilschner
Public Works Administrator
Collier County Government
3301 Tamiami Trail East
Naples, FL 34112-4902
Re: Draft Agreement - Waste Management Inc. of Florida
and Collier County
Dear Mr. Ilschner:
This responds to your November 10 letter and our several meetings regarding the
transfer of waste from Collier County to Central Disposal and Sanitary Landfill.
As you know, our position throughout these discussions has been and continues to be
that our proposal response of $26.99 per ton for lined cell waste based on the proposal
documents and the conditions set forth in Section 9.0 of our response. Our management
desires to provide service at that price and under those conditions. However, we understand
your desire to modify the terms of the proposal by increasing the responsibilities and the
nature of the activities required from your selected contractor. Consequently, we have
structured this submission in the form of two alternative approaches and believe that the
County will fred that each presents a positive mechanism to satisfy the County's needs.
Alternative A
Under this alternative, Waste Management Inc. of Florida will agree to the following
modifications to the proposal documents in consideration of a modification of the per ton price
from $26.99 to $34.15, an increase of $7.16 per ton.
1. Construction Management - The multi-level approval approach set for& in the
contract draft can be utilized as it was in Alachua County. We would propose some minor
modifications to the language but the basic approach would remain as exists in the latest draft.
2. Construction Timetable - The time frame for construction will be 18 months from
issuance of all required permits, licenses and governmental approvals.
FEB O 9 1 99
3. Penalties - For failure to adhere to the construction timetable (but not the result of
force majeur¢, the County's actions or inactions) WIvltF will pay liquidated damages of $250
per day if the project is not substantially complete within 545 days and $500 per day if not
completed within 720 days.
With regard to operational requirements over and above those required by DEP, we
believe that no penalty should exceed $500 per day.
4. Fuel Adjustment - Adjustments due to changes in fuel costs will be covered by the
CPI adjustment.
5. Ten Year Term - The County will have the option to terminate the agreement in the
tenth year. If it elects to do so, the County will pay WMIF sixty (60%) percent of the
construction and permitting costs expended on the project to make WIVIIF whole.
6. ~ - The suggested scale required by WMIF is as follows:
ANNUAL TONNAGE APPLICABLE RATE
180,000 or less 117% of base rate (or $4.2 million whichever is
greater)
180,001 - 190,000 115 % of base rate
190,001 - I95,000 110% of base rate
195,001 - 200,000 108 % of base rate
200,001 - 205,000 106% of base rate
205,001 - 210,000 104% of base rate
210,001 - 215,000 102% of base rate
over 215,000 Base Rate
Base Rate = $34.15
The above addresses the major issues discussed at our meetings and is not intended to
be all inclusive. There are undoubtedly other issues that will require further discussion and
- negotiation.
ALTERNATIVE B
Under this alternative, the base rate will continue m be $26.99.
1. Construction Management - We believe the following language will satisfactorily
protect the County and simultaneously provide the flexibility to deliver a finished project
'within the budget established:
FEB 0 9 1999
pc. ~ ~
Contractor shah be solely responsible for the design of the transfer
station. Such design shah be selected. by the County from several alternative
designs prepared by Contractor. The alternative designs need not be newly
created by Contractor but may be from those previously utilized by Contractor.
The County shall select such design within a reasonable time after submission
by Contractor but not exceeding __ days. The design shall be consistent with
all construction permit applications made to Florida Department of
Environmental protection and such modifications thereto as may have been
imposed thereby. The Contractor shall submit to the County such drawings,
certifications? test reports and samples as may be reasonably necessary to
demonstrate compliance with the designs, governmental approvals, and such
quality and performance standards as may be incorporated in this Agreement.
The County may conduct such independent reviews of the submittals and
site inspections as it may deem necessary or appropriate. Within ten (10) days
of receipt of each submittal transmitted by Contractor, the City may notify
Contractor of any feature of the submittal which, based on the Ciry's
independent technical review, materially deviates from the provisions of this
Agreement or the standards set forth. Within five (5) days after such
notification, the Contractor and County shall meet to discuss the specific items
alleged to be materially deviant. The parties shah resolve such matters in an
expeditious manner. Should the matter not be resolved within a reasonable
time, either party may stop the work without penalty until such time as (I) the
matter is amicably resolved or (Li) the matter is determined by emergency
binding arbitration (pursuant to Sec. ). Should the matter be arbitrated, the
prevailing party shall be entitled to attorney fees and costs.
In the event that the allegeally defective item(s) are determined to be in
conformance with the Agreement, the Contractor shall resume work
immediately upon such determination, the contract time shall be adjusted by the
addition of time increment equal to the duration of the interruption and the
additional expense incurred by Contractor if any, shall be paid by the County to
Contractor together with a profit of fifteen (15) percent within 30 days. In the
event that a material violation is determined, Contractor shall promptly remove
and replace and/or correct deficient or substandard items to bring them into futl
compliance at its expense and without extension of contract time.
Upon receipt of Contractor's notification of substantial completion, the
County and Contractor shall schedule and participate in inspection of the work.
Within five (5) days following such inspection, the County shall provide
Contractor a complete written "punch list" of items which allegeally require
corrective work. Upon receipt of Contractor's written certification that
corrective actions are satisfactorily complete and written endorsement by
Contractor's engineer, the County shall promptly reinspeel the work or shall *~dJ~q_)
FEB O 9 1S99
waive reinspection, relying instead on the Contractor's certification and
engineer's endorsement. When corrective actions are complete, the County
shall issue a Certificate of Acceptance.
The Contractor may, in its sole discretion, select subcontractors and
suppliers of its own choosing for the performance of services and the furnishing
of materials or equipment for incorporation into the work. Terms and
provisions of any subcontracts and/or suppliers' contracts or purchase
agreements shah be the prerogative of the Contractor solely. The Contractor
shall be wholly responsible for coordinating the work of subcontractors and for
the quality and timeliness of their services to the and that the work is completed
in accordance with the provisions of this Agreement, within the contract time
and in compliance with the technical provisions and quality standards herein.
Upon completion of all work, the Contractor, with endorsement by the
Contractor's engineer, shall certify that the work is complete and in accordance
with the design and specifications and the provisions of this-Agreement. The
County may make a final inspection and provide a written listing of corrective
work. Upon the Contractor's performance of listed corrective work or order
resolution of such items, the work shall be deemed complete.
2. Construction Timetable - The time frame for construction will be 18 months from
issuance of all required permits, licenses and governmental approvals. -
3. penalties - Should WMIF fail to complete the construction of the transfer stations
within 720 days after the issuance of all licenses, permits and governmental approvals and
such failure is caused by the sole negligence of WMIF, it will pay as liquidated damages the
sum of $250 per day.
Operational penalties should be limited to the following instances:
Failure to operate the transfer station pursuant to DEP regulations and
applicable pennits not remedied within 3 days after notice - $100/day '-
Creation or maintenance of unsafe condition not remedied within one
day after notice - $100/day
4. Fuel Ad_iustment - The fuel adjustment language is as follows:
The base price paid by WMIF for fuel will be established at $1.10 per
gallon. Should that base price as adjusted by CPI escalator be exceeded on an
annual average basis, the County shall pay WMIF that sum as calculated by
multiplying the number of gallons used times the difference between the base
FEB O 9 1999
· , PG-,.. 4~, ,,
We believe a separate fuel adjustment is appropriate because the same was established
as a condition to our submittal and that adjustments pursuant to CPI do not accurately cover
fluctuations in' fuel prices.
5. Ten Year Term - Under this alternative no early out is acceptable.
6. ~ The suggested scale required by WMIF is as follows:
ANNUAL TONNAGE APPLICABLE RATE
180.000 or less 117% of base rate (or $4.2 whichever is greater)
180.001 - 190 000 115% of base rate
190.001 - 195 000 110% of base rate
195.001 - 200 000 108% of base rate
200.001 - 205 000 106 % of base rate
205 001 - 210 000 104% of base rate
210 001 -215 000 102% of base rate
over 215,000 Base Rate
Base Rate for lined cell waste to be determined.
Example:
Base Rate = $26.99 Applicable Rate
100,000 t/y x $26.99 x I17% = $3,157,830 (pay $4,200,000) 42.00
150,000 t/y x.$26.99 x 117% = $4,736,745 31.58
190,000 t/y x $26.99 x 110% = 5,640,910 29.69
215,000 t/y x $26.99 x 100% = 5,802,850 26.99
Please review and advise at your earliest convenience.
S~nc~ ly,
· f. '2/'~2,~__ ,9~'~,'.-'''':2 ....................
~~~L0 W
SB :rob Division Manager
' cc: R. Kaplan
. R. .o.
Ralph Velocci
FEB O 9 1599
EXECUTIVE SUMsMARY
REPORT ON THE STATUS OF BEACH ACCESS AND BOAT LAUNCH
PARKS.
Objective: That the Board of County Commissioners review the beach access and
boat launch park report.
Consideration: Enclosed is the beach access / parking and boat launch report.
The report addresses the current status of existing park system, the necessity to create a
funding plan and Level of Service for future development of these parks, and options to
expand facilities as Collier County's population continues to flourish.
The adopted Growth Management Plan does not accurately address a standard or plan for
boat launch and beach parking facilities and the adopted (1991) park impact fee study
fails to differentiate a LOS standard for land acquisition of these facilities.
Subsequently, a plan or guideline with tangible options is essential to creating a focus as
growth limits coastal land acquisition opportunities and places a strain on existing
facilities. This plan and the impending park impact fee study proposes a plan to initiate
a Level of Service standard for beach access and boat launch facilities.
Growth Management: None
Fiscal Impact: None
Recommendation: That the Board of Commissioners follow staff's and the Parks and
Recreation Advisory Board's recommendation to adopt a Level of Service standard for
beach parking spaces of 1 space per 150 residents, and that the Board utilize this report
as a supplement when reviewing the proposed impact fee study report.
hn Du~uc~ Operations Coordinator
~pa~ment of Parks and Recreation
Reviewed and , .' ? ". ,~
Approvedby: ~"/~(-i~ -~7.~ Date:
Marla Ramsey, DireCtor 7
Department of ParB ~d Recreation
Approved i Date:TX~
., trator""~'' ~
F E B 0 9 1999
Pg /
February 9, 1999
Study Prepared by
Department of Parks and Recreation
3300 Santa Barbara B!vd.
Naples, Florida 34116
F E B 0 9 1999
INTRODUCTION
The objective of the Beach Access and Boat Landing report is to recognize the
increasing demand for water supported facilities and project viable opportunities to
accommodate these needs. The current growth in Collier County impacts beach and boat
access two ways. The increased seasonal and permanent population produces a greater
demand on the existing facilities and reduces the amount of coastal region land available
for future development. This summary will examine the current inventory of beach
access and boat launch facilities, current trends in the Level of Service, and future
expansion opportunities for additional facilities.
This study is an update to a 1995 report prepared by Jeff Moore, a landscape architect for
the parks and recreation department.
INVENTORY
The Table 1 inventory describes the physical characteristics of the existing boat
launch and beach access facilities countywide including State and City facilities. Collier
County currently has five (5) salm'ater boat launch parks, one (1) fresh water boat launch
park, and seven (7) saltwater beach access parks located in the coastal zone of the
County. Highlighted among the characteristics are comparisons with beach parking
spaces, boat ramps, car parkin~ trailer spaces, and active beach fi'ont miles [Table 2].
LEVEL OF SERVICE
The park system Level of Service as adopted by the 1991 impact fee study and
the Open Space element of the Growth Management Plan is currently measured by three
(3) categories: regional park acres, community park acres, and facilities. As it stands
today, beach access and boat launch parks are only measured under the re~,ional park
acreage element, which is currently satisfied by the LOS requirement for the next thirty
years, as all State lands were added to the measurement standard in 1990-1991 (See
table 3). As a result, the County standards do not show any demand for additional beach
parking spaces or boat launch facilities even though the seasonal and permanent
population continues to grow and the current level of service diminishes (See Table 4).
Once more, there is no immediate revenue source for new facilities without impact fee
support.
Many of these issues are being addressed in the current impact fee study update.
Staff is first of all proposing the elimination of State lands as a consideration of the
Regional Park LOS. As indicated by Table 3, the gap between the LOS standard and
regional park acres without state lands has been closed considerably with the addition of
Sugden Regional Park and the recent Board action to acquire 175 acres for a new
regional park in North Naples. The purchase of additional regional park land also
permits staff to meet the facility LOS standard since staff cannot construct new facilities
on State owned preserve lands.
2 F E B 13 S 1999
P_~ ~._~~_
· "' Secondly staff is proposing a separate standard for beach and boat ramp acreage
and beach parking spaces. The 1991 adopted LOS standard for regional park acres is
based on a $15,000 / acre cost. This figure is too low when considering the purchase of
coastal property for beach and water uses or even creative proposals such as parking
garages. The consulting firm of Henderson, Young, and Company created a proposed
acreage standard based on the property appraisers taxable value of current beach and
boat launch parks. The standard for beach parking spaces (1 space per 150 residents)
was proposed by the Parks and Recreation Advisory Board based on the current level of
service as shown in Table 4.
FUTURE OPTIONS
Although the County population continues to grow, there are traditional and non-
traditional opportunities to expand boat landing and beach access facilities through out
the Collier County Park system.
Beach Access Facilities
1. Barefoot Beach Expansion- Staff estimates that the park could support
additional 75 parking spaces without impacting the preserve area. This
development would be contingent upon approval of the management plan and
.--- permitting. This expansion would cost an estimated $1,000 / space.
2. Bluebill Parcel -A 4.55 acre undeveloped land on Bluebill Avenue owned by
Collier County. Parcel has an appraised value of $1.5 million and a sale value of
$3 million according to the Collier Count>' Real Property Management.
Use Alternatives
A. Build a neighborhood park on the south side funded by a local MSTU
district and construct 150 beach parking spaces ($1,000 / space) on the
north side of Bluebill Ave. Patrons would walk to Delnor-Wiggins State
Park from the parking area.
B.Trade Bluebill parcel for site near beach with increased parking
opportunities.
C.Sell Bluebill Avenue and utilize revenue to acquire parcels near beach
access points.
3. Vanderbilt Beach Parking Expansion - Construct a parking garage above
the existing 100 space parking lot. The cost is estimated at $10,000 / space or
roughly $1,000,000.
4. Clam PassParkingExpansion- Construct a parking garage above the
existing 175 space parking lot. The cost is estimated at $10,000 / space or
roughly $1,750,000. The Registry Resort has expressed interest in a partnership
~'- for said project.
3 F E B '0 '9'19 9
p~../-/- ~
5. Bonita Beach Road Parcel 6 - A 1.5 acre undeveloped waterfront parcel
owned by the Klein Development Company could support 30 beach parking
spaces. The Real Property Management Department appraises the value at
$377,400 ($12,580 / space). Patrons would utilize the Barefoot Beach Access.
Although the property is vacant, it is zoned for single family homes with a
conditional use to build a 9 unit development titled Spoonbill Cove.
6. Busing Options- As the County continues to grow and land becomes less
available in the coastal region, there is an option to purchase or lease land outside
of the coastal region and offer busing opportunities to beach access locations
such as Vanderbilt Beach Access.
7. Ferry Access- Another creative idea is to purchase a small parcel with
beach access near Wiggins Pass and ferry people to the Barefoot Beach Preserve.
Due to limited access, the south end of Barefoot Beach receives limited use. This
option is a viable way to give patrons access to one of the County's more pristine
beaches. The cost is dependent upon proximity of parking to the ferry, travel
expense such as busing to the pick-up location, and the actual ferry itself.
8. Vanderbiit Beach Subdivision - The 1.2 acre Block "C" is located along the
north right-of-way on Vanderbilt Beach Road across from the beach parking lot
adjacent to the Ritz Carlton. Although appraised for $870,000 from the property
appraiser's office, the land recently sold for $2,000,000 or $83,000 / space.
Block "C" is zoned for commercial use.
BOAT LAUNCH FACILITIES
1. US 41 Parcel #12 - Located off US 41 across from the Pewter Mug Restaurant
is a two (2) acre parcel that has direct access to the Cocohatchee River. The
parcel is for sale for $225,000 by the Collier Development Corporation. This
parcel could support 2 boat ramps and 30 parking/trailer spaces.
2. Isle of Capri Parcel - There are several vacant parcels (Lots 546,547,548)
with direct access to Tarpon Bay located on the Isle of Capri. These parcels
could be utilized as a boat launch facility. The vacant lots across the street (Lots
485,486) could be utilized as the car / trailer parking area. If all the lots were
purchased, this facility could support a large boat ramp facility. According to the
Real Property Management Department, the estimated cost of these parcels
ranges from $9.93 / sq. foot for water front and $4.50 sq. foot for the parking
area.
3. Lot East of Bayview Park- Two(2) acre parcel east of Bayview Park. Zoned
as Planned Development(PD) for residential, single family. The parcel is
estimated to have an associated cost of $50,000 / acre, but the owners would
argue that the land is worth a greater value since it is waterfxont property. There
F 0 9.1999
-"' are also environmental issues (mangroves) with the property that would have to
be mitigated. The parcel could ideally support a 30 It. ramp and 30 parking
spaces.
4. Moss Family Property (Goodland) - The Moss family has indicated to staff a
willingness to lease their 4 + / - acre property for a period of 20 years at no cost.
The County would be responsible for clearing the area and building the boat
ramp. The vegetation is a mix of Brazilian pepper and mangroves thus permitting
could present a challenge. The parcel is located just north of Stan's Restaurant in
Goodland. After the terms of the agreement expire, the family will re-examine
the use of the land.
Location Map
-..-:- =_,7 - Parcel 6
· -~:~.~ Bluebill Park
Block "C"
- - Parcel #12
Moss Boat Ramp
6 FEB O 9 1999
Table I
Beach Access & Boat Launch Facility Inventory
Barefoot Beach Access 100 0,5 5 I x
Barefoot Beach Preserve 356 I 342 3 x x x x x
Vanderbilt Beach 150 I 5 I x x x x
Clam Pass Beach 175 1 35 I x x x x x
North Gulf Shore 25 0.5 1 1
Tigertail Beach 210 1 40 I x x x x x x
South Marco Beach 70 I I 1
City of Naples Beach Access 1122 44% 6 46% 35 x x x x x x x
Delnor-Wiggins Rec. Area 350 14% I 8% 6 x x x x x
Cocohatchee River Park 4 58 62 7.2 $3 x x x 28 x x
Bayview Park 1 16 26 4.2 $3 x x x
SR 951 Boat Launch 2 17 0.5
Caxambus Park 2 54 4.2 $3 x x x x
Chokoloskee Boat Ramp I 15 0.5
Lake Trafford (Fresh water) I 8 2.3 x
........ ~_.~:~_,!_,,,_.,_,-,~_~.~1,~;_~ss.-s~,_., ~c.~:S.2-~: _ !~;~_~_;I=~ _ ...............................
Naples Landing 3 17% 35 14% 12 2 $.25/hr x x X
Collier-Seminole State Park 2 11% 25 10% $5
Delnor-Wiggins Rec. Area 2 12% 30 12% 200 $2 x x
Table2
Comparisons of Facilities
Boat Launch Percentages '! . Beach Parking Spaces
22% 14% !E] Count,/Totals
42% B~ach Access
;,.!::i.,:::~ .~:. ~ .: ,. .; ','- . [] R=n.~=igginsl
~ ~ 44 ~ ~ I !~y o! Naples
Boat/Trailer Spaces Beach Front Miles
!D County Totals i
14% i5% In State Totals Beach Access
[] elnor-Wiggins[
: , : ..... ~', ,-'-:'.,':,' :'-'E-
':' ::!-:~'%~'~.."~:-i,".~.::::~:'-'%'~'''t;!%:{:~::'5~' 'i;~"~t" ~;;;:~'-'~:,~:::c:'~!.~::'~ ,~:"~::~'~::""~;~j ~ , ~~ .~ .~ ~.,~ ....~.~-~,.,;~,,-~,t.'~-~: ..........
FEB
8
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Z
u,.
0
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LU
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0.,
0 .,c:
LU .,:._
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0 0 0 0 0 0 0 0 0 0 0 0 ~
t.t) 0 ,4'1 0 t4") 0 u") 0 u") 0 u") 0 " '~' " '
Table 4
CURRENT TRENDS
Population: Available spaces
(Seasonal Populations)
:~i'!;,ii~ 172,080 ,~;,;?!-.,~:~,,;:-,
* Indicates addition of New County Park
1986 Clam Pass and South Marco
1989 N. Gulf Shore
1991 Barefoot Preserve
REPORT RESULTS REGARDING THE PARK IMPACT FEE STUDY
Objective: That the Board of County Commissioners review the park impact fee update
results submitted by the consulting firm of Henderson, Young and Company, and direct staff to
proceed with one of the four (4) options.
Consideration: The Board directed staff to amend the comprehensive plan and the parks
related impact fee ordinances on June 24, 1997. Henderson, Young and Company, the same
company who performed previous park impact fee studies for Collier County, was awarded an
agreement to perform the update on March 19, 1998. The enclosed attachment is the report of
their update.
Several changes and factors impacted the study results. Listed below are a few of the
modifications to the study.
Beach Access and Boat Launch Level of Service (LOS) - One of the key components to this
year's study is the inclusion of beach access parks and boat launch land acquisition as a LOS.
The previous study included these type facilities only as a component of the regional park
acreage LOS standard, which is currently based on a cost of $15,000 acre. This cost is
unrealistic when considering procurement of coastal property for beach access and boat launch
type parks. Consequently, the taxable values of all park properties were utilized to determine
two (2) standards for land acquisition. One rate is calculated based on coastal values, the other
rate is calculated based on inland values. The proposed LOS for beach parking spaces per capita
was determined by using the current population to existing beach parking space ratios. PARAB
concurred with these findings.
One Impact Fee - This study proposes the combination of community park and regional park
impact fees into one fee. One fee affords the Board greater flexibility to build facilities based
upon growth and demand. Since the last study, the immediate demand for community parks has
been met and the construction emphasis has shifted towards regional parks. However,
community parks and community park type facilities will continue to be an integral part of the
park system as growth continues.
Previously, city residents only paid regional park impact fees. With only one proposed fee, it is
proposed that city residents will receive an impact fee discount resulting in a payment for
regional type facilities only.
Removal of State Lands from the Inventory - With the recent Board action to acquire a
new regional park, the County is in a position to remove the State lands from the County
Inventory and sustain a system based on impact fees. The initial growth management plan
(1989) created an immediate deficit of regional park land acres. Since this deficit could not be
attributed to growth, impact fees could not be utilized, and therefore Ad Valorem taxes would
have to be used to reach the adopted standard. Instead, the County petitioned and was granted
F E B O 9 1955
Pg .... !
the right to allow State Park lands to be inventoried under the Growth Management Plan. As a
result, a surplus was created for an c~,timated thirty (30) years.
This surplus hurts the development of the park system a couple of ways. A surplus inventory
indicates that there is no deficit for regional facilities such as beach access and boat launch type
parks even though population increases continue to effect the existing facilities. Secondly, the
County' cannot develop regional type facilities such as sports complexes on State land; therefore,
the LOS facility. deficit rises while the land inventory remains a surplus.
Inflation and Market Value - Another component to this year's study is the inflationary value of
the facility' costs and land values. Since the study has not been updated for eight (8) years,
facility' costs and especially land values have increased significantly. This results in a revenue
stream that is incapable of maintaining the required standard.
Having considered those issues, four (4) viable options are available for consideration.
Option # 1 updates the in~ationary value of adopted LOS standards and adds standards for beach
parking spaces, roller hockey, and skate parks. (See the report for financial details)
Option #2 calculates fees based on modified LOS standards and includes a standard for beach
parking spaces, roller hockey, and skate parks. (See the report for financial details)
Option #3 updates the impact fee with the modified LOS standards similarly to option #2 with
the exception that beach access regionalpark land is excluded. The Board would have to come
up with an altemative funding source to impact fees if acquisition of coastal lands was pursued.
Option #4 is to collect Impact fees based on the Option #3 calculations, and utilize Tourist
Development Council (TDC) dollars to subsidize beach related growth. If this option were
pursued the County' would have to develop numbers to support this option.
Growth Management: One of these options will determine the Level of Service standards
and future growth related projects for the Management Plan.
Fiscal Impact: Revenue collection for Regional Park Fund (345) and Community Park
Fund (368, 365) Impact Fees will be changed according to the option chosen. Below is table
comparing adopted revenues against the estimated revenues generated by the new fees for each
option~.
Permit calculations based on straight line regional impact fee revenue of $625,000 for the last (6) months divided
by the permit fee of $179 / permit or 3,500 permits and a community park impact fee revenue of $1,250,000 divided
by $399 /permit or 3,100 permits.
F E B 0 1999
FORECAST FY 99 (April 1, 1999 - September 30, 1999)
Taking these figures into a full fiscal year (FY00), these options indicate an impact fee revenue
ranging between 5.2 -8.3 million dollars. The fiscal shortfall on the TDC fund in option #4 is
roughly $2,150,000, or the difference between option #2 and option #3. Since option #4 is a
policy decision at this time, staff would have to come back with viable revenue impact
alternatives from this fund.
Recommendation: Staff and the Parks and Recreation Advisory Board recommend that the
Board direct staff to amend the Growth Management Plan and Park Impact Fee Ordinance in
accordance with Option #2.
ffohn Dunnuck, 61~e'r~ti~>h"~s Coordinator
Department of Parks and Recreation
Reviewed and//.? .,'. ;~ ,[' -/
Department of Parks and Recreation
Reviewed and
Approved by:' ,~_.~ E__D.C'~2f Date: Z.;~_-ct~
Thomas W. Olliff,"'X~L~istrator '
Division of Public Services
Ag~~nda Item' 1
F E B O 9 i999
Henderson,
Young & MEMORANDUM
Company
TO: John Dunnuck c.~j.t~%'2
FROM: Jane Fitzpatrick
Associate Partner
DATE: January 22, 1999
RE: Collier County Parks and Recreation Impact Fee Options
The enclosed report ("Options For Updating Park And Recreational Facilities
Impact Fees") has been prepared to include in the agenda package for
the February 9, 1999 Board Of County Commissioners Workshop.
Please call me at (517) 249-0631 if you have any questions.
cc: Randy Young, Senior Partner
FEB 9 e~9 0
OPTIONS FOR UPDATING PARK AND RECREATIONAL FACILITIES IMPACT FEES
Three options have been prepared for updating Collier County's 1991 Parks and
Recreation Impact Fees. The following table summarizes key components of the
County's current park and recreational facility impact fee rates (as adopted in
t991) and each of the three options. Option 1 keeps the 1991 standards for
levels of service ("LOS") but updates the cost of land and facilities to 1998.
Option 2 changes the LOS to equal the 1998 actual LOS, and updates the costs
to 1998. Option 3 is like Option 2, but it excludes beach access parks (on the
assumption that no new parks of that type will be acquired). All three options
include three facilities that were not included in 1991: beach parking spaces,
roller hockey, and skate parks).
FEB
Pg o---___...__
Henderson, January 22, 1999
Young &
Company Page
PARK IMPACT FEE OPTIONS SUMMARY
Collier County, Florida
Option 1 OptiOn 2 Option 3
1998 L.O.S.
Current 1991 L.O.S. 1998 L.O.S. for All Except
(1991 ) Plus for All Land Beach Access
Type of Park and Facility Impact Fee Updated Costs and Facilities Parks
VALUE PER CAPITA:
Countywide Park Land:
Beach Access Land see total see total $ 126 not applicable
Beach Parking Land see total see total 30 30
Inland Regional Park Land see total see total 2__Z 2_Z
Total Countywide Park Land $ 29 $ 286 183 $ 57
Countywide Rec. Facilities 52 79 68 68
Non-countywide Park Land 31 85 140 140
Non-countywide Rec. Focilities J 19 128 137 137
Total Value per Capita 231 578 528 402
~IMPACT FEE PER DWELLING UNIT:
Unincorporated Area $ 609 $ 1,246 $ 1,128 $ 821
Cities 210 778 528 250
The following pages present each of the three options through a series of tables
showing the impact fee calculations for each option.
In each table, "county-wide" land and facilities are used as the basis for park
impact fees that are' charged to new development in the cities of Naples,
Marco Island and Everglade City as well as the unincorporated areas of Collier
County. The "non-county-wide" land and facilities are the basis for the additional
impact fee that is charged to new development in the unincorporated areas of
Collier County, but is not charged to new development in the cities.
Young &
Company Page 2
The beginning point for all three options is a current inventory and levels of
service of Collier County's parks and recreational facilities. Table 1 lists each
type of park and or facility in the inventory as of August 1998, and two levels of
service: 1998 (current) and 1991 (original).
The inventory of County-wide land acreage excludes State park land. Beach
Access Acres were calculated by subtracting acreage for beach parking from
the total 264.0 acres of beach parks. (The County's 1,086 Beach parking spaces
were calculated to equal 54.3 acres on the basis of 20 parking spaces per acre.
Inland Regional Park Acres equal all other county-wide parks (excluding beach
access parks and beach parking). The inventory of Community Park acres
includes 322.5 developed park acres plus 60 undeveloped acres at the
Manatee site.
The levels of service for 1998 and 1991 are for the same parks and facilities with
the following changes: (1) no distinction was made between beach access and
inland park land in 1991, and (2) beach parking spaces, roller hockey and skate
park facilities weren't included in the 1991 rate study or the County's Growth
Management Plan.
The 1998 population was used to calculate the 1998 levels of service. The
countywide population was 213,715 and the unincorporated population was
t 79,482.
I~. ~t.~e. 'anuary
Henderson, N e 22, 1999
Young &
Company F~:I~ O~ i~ Page 3
TABLE 1 (Option 1)
INVENTORY AND LEVELS OF SERVICE
(1 ) ': i2) (3) (4)
1998 1991
CURRENT LEVEL OF SERVICE LEVEL OF SERVICE
INVENTORY PER 1,000 PER 1,000
TYPE OF FACILITY (;;1998) POPULATION POPULATION
County-Wide Land: 2.9412
Beach Access Regional Park Acres 209.7 0,9812 n.a.
Beach Parking Regional Park Acres 54.3 0.2541 n.a.
inland Regional Park Acres 138.3 0.6471 n.a.
County-Wide Faci~fies:
Amphitheater 2.0 0.0094 0.0118
Beach Parking Spaces 1,086.0 5.0815 5.0815
Boat Ramps 11.0 0.0515 0.1059
Multi-Purpose Centers 2.0 0.0094 0.0059
Pools 2.0 0.0094 0.0118
Roller Hockey 2.0 0.0094 0.0094
Skate Park 1.0 0,0047 0,0047
Non-County-Wide Land:
Community Park Acres 382.5 2. 1311 1.2882
Non-County-Wide Facfiifies:
Baseball Fields 3.0 0.0167 0.0353
Bc~sketball/Volleyball Courts 20.0 0.1114 0.1765
Bicycle Trails (miles) 64.1 0.3571 0.0553
Children's Playgrounds ] 9.0 0.1059 0.1059
Community Centers 5.0 0.0279 0.0353
Football/Soccer Fields 10.0 0.0557 0.0353
Jogging Trails (miles) 3.0 0.0167 0.0353
Picnic Pavilions 13.0 0.0724 0.0706
Racquetball Courts 22.0 0.1226 0.1412
Shuffleboard Courts 22.0 0.1226 0.0706
Softball Fields 17.0 0.0947 0.0706
Tennis Courts 35.0 0.1950 0.0706
Henderson, °g*~n~nua 22, 1999
Young & F
company Page 4
., fP
IMPACT FEE OPTION 1
1991 L.O.S. with 1998 Costs
The following tables include the data and calculations for Option 1 for updating
the parks and recreation impact fee. This option is based on the level of service
standards in the 1991 impact fee rate study. The cost of parks and recreational
facilities has been updated to reflect the current (1998) cost per acre and type
of recreational facility. This option also includes standards and costs for some
new types of facilities (i.e., beach parking spaces, roller hockey and skate parks),
which were not included in the 1991 impact fee rate study.
¥ou~n;~e~s°n' FEB 0~"1999J an/2~, ~
Company pg.__ ~ Page 5
TABLE 2
COST PER CAPITA (Option 1 )
(1 ) (2) (3) (4)
1991 1998
L.O.S. AVERAGE VALUE
PER 1,000 COST PER PER CAPITA
TYPE OF FACILITY POPULATION FACILITY (Col. 3 * Col. 2)
County-Wide Land: 2.9412 97, 319 286.23
Beach Access Regional Park Acres n.a. 128,809 n.a.
Beach Parking Regional Park Acres n.a. 116,942 n.a.
Inland Regional Park Acres n.a. 41,867 n.a.
County-Wide Faci~fies:
Amphitheater 0.0118 250,000 2.95
Beach Parking Spaces 5.0815 1,000 5.08
Boat Ramps 0.1059 265,200 28.08
Multi-Purpose Centers 0.0059 2,500,000 14.75
Pools 0.0118 2,000,000 23.60
Roller Hockey 0.0094 300,000 2.82
Skate Park 0.0047 400,000 1.88
County-Wide Sub-Total 365.39
""' Non-County-Wide Land;
Community Park Acres 1.2882 65,600 84.51
Non-County-Wide Facilities:
Baseball Fields 0.0353 583,500 20.60
Basketball/Volleyball Courts 0.1765 26,600 4.69
Bicycle Traits (miles) 0.0553 30, 700 1.70
Children's Playgrounds 0.1059 100,000 10.59
Community Centers 0.0353 1,060,900 37.45
Football/Soccer Fields 0.0353 371,300 13.11
Jogging Trails (miles) 0.0353 53,000 1.87
Picnic Pavilions 0,0706 53,000 3,74
Racquetball Courts 0.1412 26,600 3,76
Shuffleboard Courts 0.0706 30,000 2.12
Softball Fields 0.0706 370,800 26.18
Tennis Courts 0.0706 26,600 1.88
Non-County-Wide Total 212.20
Total Park Land and Facilities 577.59
Notes: Table 2
County-Wide Land (regional park land) cost: average of all three components cost per acre.
Beach Access: $116,942 plus $11,867 amenities
Beach Parking: $116,942 plus $0 amenities
Inland: $30,000 plus $11,867 amenities
,---- Community Park land cost: $30,000 per acre acquisition plus $35,600 amenities cost per acre.
Henderson, ~lo.t~'d~ '-~'~ uary 22, 1999
Young & F'EB'~ 9 ~g~tg Page 6
company _?~1 .~- ./;7.~.. ....
The land and facilities in Table 3 will be the basis for the county-wide impact fee
rate that will be charged to new development in the Cities and the
unincorporated area.
TABLE 3
CAPITAL COST PER DWELLING UNIT: COUNTY-WIDE (Option 1 )
( 1 ) (2) (3) (3)
AVERAGE CAPITAL
VALUE PERSONS PER COST PER
PER HOUSEHOLD DWELLING UNIT
TYPE OF FACILITY CAPITA (County-wide) (County-wide)
I Cou Land,' 286.23 2.41 689.81
nty-Wide
Beach Access Regional Park Acres n.a. n.a.
Beach Parking Regional Park Acres n.a. 2.41 n.a.
inland Regional Park Acres n.a. 2.41 n.a.
Sub-total 286.23 689.81
County-Wide Facilities.'
Amphitheater 2,95 2.41 7,11
Beach Parking (spaces) 5,08 2.41 12.24
Boat Ramps 28.08 2.41 67.67
Multi-Purpose Centers 14.75 2.41 35.55
Pools 23.60 2.41 56.88
Roller Hockey 2,82 2.41 6.80
Skate Park 1.88 2.41 4.53
Sub-total 79.16 2.41 190.78
County-Wide Total 365.39 880.59
Henderson, ~ I ary 22, 1999
Young &
Company FEB I] ~} ~9~}g Page 7
P~l._/J.
Table 4 includes park land and facilities that will only be charged to new
development in the unincorporated County (not to Naples, Marco Island or
Everglades City).
TABLE 4
CAPITAL COST PER DWELLING UNIT: NON-COUNTY-WIDE (Option 1 )
( 1 ) (2) (3) (3)
AVERAGE CAPITAL
VALUE PERSONS PER COST PER
PER HOUSEHOLD DWELLING UNIT
TYPE OF FACILITY CAPITA (Unincorporated) (Non-County-Wide)
Non-County-Wide Land:
Community Park Acres 84.51 2.49 210.43
Sub-total 84.51 210.43
Non-County-Wide Facilities:
Baseball Fields 20.60 2.49 51.29
Basketball/Velleyball Courts 4.69 2.49 11.68
Bicycle Trails (miles) 1.70 2.49 4.23
Children's Playgrounds 10.59 2.49 26.37
Community Centers 37.45 2.49 93.25
Football/Soccer Fields 13.11 2.49 32.64
Jogging Trails (miles) 1.87 2.49 4.66
Picnic Pavilions 3.74 2.49 9.31
Rocquetball Courts 3.76 2.49 9.36
Shuffleboard Courts 2.12 2.49 5.28
Soffball Fields 26.18 2.49 65.19
Tennis Courts 1.88 2.49 4.68
Sub-total 127.69 317.94
Non-County-Wide Total 212.20 528.37
Henderson, January 22, 1999
Young &
Company Page 8
Table 5 summarizes the cost per dwelling unit from Tables 3 and 4, and shows the
combined total that applies to the unincorporated area (in column 4).
TABLE 5
PARK AND RECREATION TOTAL COST PER DWELLING UNIT (Option 1 )
( 1 ) (2) (3) (4)
CO U NTY-WI DE NO N-COU NTY-WIDE TOTAL
CAPITAL COST PER CAPITAL COST PER CAPITAL COST PER
JURISDICTION DWELLING UNIT DWELLING UNIT DWELLING UNIT
Un incorporated 880.59 528.37 1,408.96
City of Naples 880.59 n.a. 880.59
City of Marco Island 880.59 n.a. 880.59
Everglades City 880.59 n.a. 880.59
Henderson, January 22, 1999
Young &
Company Page 9
Table 6 adjusts (reduces) the cost per dwelling unit to account for the current
cash balance in the impact fee account. The result is the impc~ct fee per
dwelling unit,
TABLE 6
IMPACT FEE PER DWELLING UNIT (Option 1 )
(1 ) (2) (3) (4)
ADJUSTMENT
TOTAL FOR
CAPITAL COST PER OTHER FUNDING IMPACT FEE
JURISDICTION DWELLING UNIT 11.6% (Col. 2 - Col. 3)
Unincorporated 1,408.96 163.44 1,245.52
City of Naples 880.59 102.15 778.44
City of Marco Island 880.59 102.15 778.44
Everglades City 880.59 102.15 778.44
Notes: Table 6
Additional Inventory
Six-Year Inventory Value Value Needed
Popu)ation Growth per Capita (six years)
County-Wide
1998 Population 213, 715
55,960 365.39 20,447,224
2004 Population 269,675
Unincorporated
1998 Population 179,482
52,239 212.20 11,085,116
2004 Population 231,721
Total Inventory Value
(six-years) i 31,532,340
Current IF Balance 3,652,200
% of Six-Year Need 11.6%
"' F E B 0 9 1999
Pg ./.--Z..~_~
Henderson, January .>;2, 1999
Young &
Company Page 10
IMPACT FEE OPTION 2
1998 L.O.S. with 1998 Costs
The following tables include the data and calculations for Option 2 for updating
the parks and recreation impact fee. This option is based on the current (1998)
level of service standards for all types of park land c~nd facilities, including beach
parking spaces, roller hockey and skate parks.
FEB 0 1999
Henderson, January 22, 199Q
Young &
Company Page 1 ]
TABLE 7
COST PER CAPITA (Option 2)
( 1 ) (2) (3) (4)
1998
1998 LOS AVERAGE VALUE
PER 1,000 CaST PER PER CAPITA
TYPE OF FACILITY POPULATION FACILITY (Col. 3. * Col. 2)
County-Wide Land:
Beach Access Regional Park Acres 0.9812 128,809 126.39
Beach Parking Regional Park Acres 0.2541 116,942 29.71
Inland Regional Park Acres 0.6471 41,867 27.09
County-Wide Facilities:
Amphitheater 0.0094 250,000 2.35
Beach Parking Spaces 5.0815 1,000 5.08
Boat Ramps 0.0515 265,200 13.66
Multi-Purpose Centers 0.0094 2,500,000 23.50
Pools 0.0094 2,000,000 18.80
Roller Hockey 0.0094 300, 000 2,82
Skate Park 0.0047 400,000 1.88
County-Wide Sub-Total 251.28
Non-County-Wide Land:
Community Park Acres 2.1311 65,600 139.80
Non-County-Wide Facilities:
Baseball Fields 0.0167 583,500 9.74
Basketball/Volleyball Courts 0.1114 26,600 2,96
Bicycle Trails (miles) 0.3571 30,700 10,96
Children's Playgrounds 0.1059 100,000 t 0.59
Community Centers 0.0279 1,060,900 29.60
Football/Soccer Fields 0.0557 371,300 20.68
Jogging Trails (miles) 0.0167 53,000 0.89
Picnic Pavilions 0.0724 53,000 3.84
Racquetball Courts 0.1226 26,600 3.26
Shuffleboard Courts 0.1226 30,000 3.68
Softball Fields 0.0947 370,800 35.11
Tennis Courts 0.1950 26,600 5.19
Non-County-Wide Total 276.30
Total Park Land and Facilities 527.58
FE
B 0 }999
,
Henderson, January 22, 1999
Young &
Company Page 12
The land and facilities in Table 8 will be the basis for the county-wide impact fee
rate that will be charged to new development in the cities and the
unincorporated area.
TABLE 8
CAPITAL COST PER DWELLING UNIT: COUNTY-WIDE (Option 2)
(1) (2) (3) (3)
AVERAGE CAPITAL
VALUE PERSONS PER COST PER
PER HOUSEHOLD DWELLING UNIT
TYPE OF FACILITY CAPITA (County-wide) (County-wide)
County-Wide Land.'
Beach Access Regional Park Acres 126.39 2.41 304.60
Beach Parking Regional Park Acres 29.71 2.41 71.60
Inland Regional Park Acres 27.09 2,41 65.29
Sub-total 183.19 441.49
County-Wide Fac~ifies:
Amphitheater 2.35 2.41 5,66
Beach Parking (spaces) 5.08 2.41 12.24
Boat Ramps 13.66 2.41 32.92
Multi-Purpose Centers 23.50 2.41 56.64
Pools 18.80 2.41 45.31
Roller Hockey 2,82 2.41 6.80
Skate Park 1.88 2,41 4.53
Sub-total 68.09 2.41 164.10
County-Wide Total~ 251.28 605.59
1999
Henderson, January 22, 1999
Young &
Company Page 13
Table 9 includes park land and facilities that will only be charged to new
development in the unincorporated County (not to Naples, Marco Island or
Everglades City).
TABLE 9
CAPITAL COST PER DWELLING UNIT: NON-COUNTY-WiDE (Option 2)
(1 ) (2) (3) (3)
AVERAGE CAPITAL
VALUE PERSONS PER COST PER
PER HOUSEHOLD DWELLING UNIT
TYPE OF FACIk!T.Y.... CAPITA (Unincorporated) (Non-County-Wide)
Non-County-Wide Land:
Community Park Acres 139.80 2.49 348.10
Sub-total 139.80 348.10
Non-County-Wide Facilities:
Baseball Fields 9.74 2.49 24.25
Basketball/Volleyball Courts 2.96 2.49 7.37
Bicycle Trails (miles) 10.96 2.49 27.29
Children's Playgrounds 10.59 2.49 26.37
Community Centers 29.60 2.49 73.70
Football/Soccer Fields 20.68 2.49 51.49
Jogging Trails (miles) 0.89 2.49 2.22
Picnic Pavilions 3.84 2.49 9.56
Racquetball Courts 3.26 2.49 8.12
Shuffleboard Courts 3,68 2.49 9.16
Softball Fields 35.11 2.49 87.42
Tennis Courts 5.19 2.49 12,92
Sub-total 136.50 339.87
Non-County-Wide Total 276.30 687,97
Henderson, January 22, 1999
Young &
Company Page 14
Table 10 summarizes the cost per dwelling unit from Tables 8 and 9, and shows
the combined total that applies to the unincorporated area (in column 4).
TABLE 10
PARK AND RECREATION TOTAL COST PER DWELLING UNIT (Option 2)
( 1 ) (2) (3) (4)
COUNTY-WIDE NON-COUNTY-WIDE TOTAL
CAPITAL COST PER CAPITAL COST PER CAPITAL COST PER
JURISDICTION DWELLING UNIT DWELLING UNIT DWELLING UNIT
Un incorporated 605,59 687.97 1,293.56
City of Naples 605.59 n.a. 605.59
City of Marco Island 605.59 n.a. 605.59
Everglades City 605.59 n.a. 605.59
F E B 0 9 1999
Henderson, January 22, 1999
Young &
Company Page 15
Table 11 adjusts (reduces) the cost per dwelling unit to account for the current
cash balance in the impact fee account. The result is the impact fee per
dwelling unit.
TABLE 11
IMPACT FEE PER DWELLING UNIT (Option 2)
( 1 ) (2) (3) (4)
ADJUSTMENT
TOTAL FOR
CAPITAL COST PER OTHER FUNDING IMPACT FEE
JURISDICTION DWELLING UNIT (;12.8%) (Col. 2 - Cot. 3)
Unincorporated 1,293.56 165.58 1,127.98
City of Naples 605.59 77.52 528.07
City of Marco Island 605.59 77.52 528.07
Everglades City 605.59 77.52 528.07
Notes: Table 11
Ad&titional Inventory
Six-Year Inventory Value Value Needed
Population Growth per Capita (six years)
Co un ty- Wide
1998 Population 213,715
55,960 251.28 14,061,629
2004 Population 269,675
Unincorporated
1998 Population 179,482
52,239 276.30 14,433,636
2004 Population 231,721
Total Inventory Value
(six-years) 28,495,265
;Current IF Balance 3,652,200
% of Six-Year Need 12.8%
F E B 0 9 1999
pg.
Henderson, January 22, 1999
Young &
Company Page 16
IMPACT FEE OPTION 3
1998 L.O.S. with 1998 Costs (Excluding Beach Access Parks)
The following tables include the data and calculations for Option 3 for updating
the parks and recreation impact fee. This option is based on the same level of
service standards for all types of park land and facilities as shown in option 2,
except Option 3 does not include standards and costs for Beach Access
Regional Park Land (on the assumption that the County will not pay to acquire
additional beach access park land).
FEB 0 9 1999
Henderson, January 22, 1999
Young &
Company Page 17
TABLE 12
COST PER CAPITA (Option 3)
( 1 ) (2 (3) (4)
1998
1998 LOS AVERAGE VALUE
PER 1,000 COST PER PER CAPITA
TYPE OF FACILITY POPULATION FACILITY (;Col. 3 * Col. 2)
County-Wide Land:
Beach Access Regional Park Acres n.a. n.a. n.a.
Beach Parking Regional Park Acres 0.2541 116,942 29.71
Inland Regional Park Acres 0.6471 41,867 27.09
County-Wide Facififies:
Amp h/theate r 0.0094 250,000 2.35
Beach Parking Spaces 5.0815 1,000 5.08
Boat Ramps 0.0515 265,200 13.66
Multi-Purpose Centers 0.0094 2,500,000 23.50
Pools 0.0094 2,000,000 18.80
Roller Hockey 0.0094 300,000 2.82
Skate Park 0.0047 400,000 1.88
County-Wide Sub-Total 124.89
Non-County-W/de Land:
Community Park Acres 2, 1311 65,600 139.80
Non-County-Wide Facilities:
Baseball Fields 0.0167 583,500 9.74
Basketba!l/Volleyball Courts 0.11t 4 26,600 2.96
Bicycle Trails (miles) 0.3571 30,700 10.96
Children's Playgrounds 0.1059 100,000 10.59
Community Centers 0.0279 1,060,900 29.60
Football/Soccer Fields 0.0557 371,300 20.68
Jogging Trails (miles) 0.0167 53,000 0.89
Picnic Pavilions 0.0724 53,000 3.84
Racquetball Courts 0.1226 26,600 3.26
Shuffleboard Courts 0.1226 30,000 3.68
Softball Fields 0.0947 370,800 35.11
Tennis Courts 0.1950 26,600 5.19
Non-County-Wide Total 276.30
Total Park Land and Facilities 401.19
FEB
""'- pg.
Henderson, January 22, 1999
Young &
Company Page 18
The land and fQcilities in Table 13 will be the basis for the county-wide impact fee
rate that will be charged to new development in the cities and the
unincorporated area.
TABLE 13
CAPITAL COST PER DWELLING UNIT: COUNTY-WIDE (Option 3)
(1 ) (2) (3) (3)
AVERAGE CAPITAL
VALUE PERSONS PER COST PER
PER HOUSEHOLD DWELLING UNIT
TYPE OF FACILITY CAPITA (County-wide) (County-wide)
County-Wide Land:
Beach Access Regional Park Acres n.a.
Beach Parking Regional Park Acres 29.71 2.41 71.60
Inland Regional Park Acres 27.09 2.41 65.29
Sub-total 56.80 ' 136.89
County-Wide Facilities:
Amphitheater 2.35 2.41 5.66
Beach Parking (spaces) 5.08 2.41 12.24
Boat Ramps 13.66 2.41 32.92
Multi-Purpose Centers 23.50 2.41 56.64
Pools 18.80 2.41 45.31
Roller Hockey 2.82 2.41 6.80
Skate Park 1.88 2.41 4.53
Sub-total 68.09 2.41 164.10
County-Wide Total 124.89 300.99
Henderson, January 22, 1999
Young &
Company Page 19
Table 14 includes park land and facilities that will only be charged to new
development in the unincorporated County (not to Naples, Marco Island or
Everglades City).
TABLE 14
CAPITAL COST PER DWELLING UNIT: N___ON-COUNTY-WIDE (Option 3)
( 1 ) (2) (3) (3)
AVERAGE CAPITAL
VALUE PERSONS PER COST PER
PER HOUSEHOLD DWELLING UNIT
TYPE OF FACILITY CAPITA (Unincorporated) (Non-County-wide)
Non-County-Wide Land.'
Community Park Acres 139.80 2.49 348.10
Sub-total 139.80 348.10
Non-County- Wide Facilities.'
Baseball Fields 9.74 2.49 24.25
Basketball/VoHeyball Courts 2.96 2.49 7.37
~__ Bicycle Trails (miles) 10.96 2.49 27.29
Children"s Piaygrounds 10.59 2.49 26.37
Community Centers 29.60 2.49 73.70
Football/Soccer Fields 20,68 2.49 51.49
Jogging Trails (miles) 0.89 2.49 2.22
Picnic Pavilions 3.84 2.49 9.56
Racquetbali Courts 3.26 2.49 8.12
Shuffleboard Courts 3.68 2.49 9.16
Softball Fietds 35.11 2.49 87.42
Tennis Courts 5.19 2.49 12.92
Sub-total 136.50 339.87
Non-County-Wide Total 276.30 687.97
_, F U
Henderson, January 22, 1999
Young &
Company Page 20
Table 15 summarizes the cost per dwelling unit from Tables 13 and 14, and shows
the combined total that applies to the unincorporated area (in column 4).
TABLE 15
PARKS AND RECREATION TOTAL COST PER DWELLING UNIT (Option 3)
( 1 ) (2) (3) (4)
COUNTY-WIDE NON-COUNTY-WIDE TOTAL
CAPITAL COST PER CAPITAL COST PER CAPITAL COST PER
JURISDICTION DWELLING UNIT DWELLING UNIT DWELLING UNIT
Unincorporated 300.99 687.97 988.96
City of Naples 300.99 n.a. 300.99
City of Marco Island 300.99 n.a. 300.99
Everglades City 300.99 n.a. 300.99
F E B 0 1999
Hen~erson, J~nu~ry 22, 1999
Young &
~om~ny Page 21
Table 16 adjusts (reduces) the cost per dwelling unit to account for the current
cash balance in the impact fee account. The result is the impact fee per
dwelling unit.
TABLE 16
IMPACT FEE PER DWELLING UNIT (Option 3)
( 1 ) (2) (3) (4)
ADJUSTMENT
TOTAL FOR
CAPITAL COST PER OTHER FUNDING IMPACT FEE
JURISDICTION DWELLING UNIT 17.0% (Col. 2 - Col. 3::)
Unincorporated 988.96 168.12 820.84
City of Naples 300.99 51.17 249.82
City of Marco Island 300.99 51.17 249.82
Everglodes City 300.99 51.17 249.82
Notes: Table 16
Additional Inventory
Six-Year Inventory Value Value Needed
Population Growth per Capita (six years::)
County-Wide
1998 Population 213, 715
55,960 124.89 6,988,844
2004 Population 269,675
Unincorporated
1998 Population 179,482
52,239 276.30 14,433,636
2004 Population 231,721
Total Inventory Value
(six-years) 21,422,480
Current IF Balance 3,652,200
% of Six-Year Need 17.0%
N
FEB 0 1999
Henderson, January 22, 1999
Young &
Campony Page 22
EXECUTIVE SUMMARY
AUTHORIZATION TO REQUEST COMPETITIVE PROPOSALS FOR THE
CONSTRUCTION OF AN OFFICE BUILDING
OBJECTIVE: To construct an office building to be occupied primarily by Public Works
Division personnel.
CONSIDERATIONS: On November 12, 1998 the Board conceptually approved a long
range Facilities Master Plan. The first phase of the plan included, among other projects, a
new facility for the Public Works Division to be located in close proximity to the existing
Community Development Services Center located in the Naples Park of Commerce.
Phase One also included the construction of additional correctional facilities at the main
government center, as well as expanded offices for the Sheriffs operations and
administrative personnel. Staff was directed at that time to evaluate funding opfi.0ns for
those facilities recommended to be built in the first five years of the plan and return to the
Board with recommendations.
While staff was working to ~nalize the Facilities Master Plan, a series of complaints and
claims were received from the occupants of Building A about the quality of the air in this
facility. The Facilities Management Director immediately commissioned an indoor air
quality consulting firm to conduct a study of the facility and to provide staff with any
recommendations that might help to improve the environment. Staff also accelerated its
efforts to locate interim leased office space for the occupants of Building A in response to
the urgency expressed by the Sheriffs Office over these complaints. Within weeks, a
preliminary report was received and a number of actions were taken to comply with the
initial recommendations made by the consultant. On January 7, 1999, the Facilities
Management Director received a memorandum from the Sheriff confirming a tentative
agreement to occupy leased office space at two off site facilities. On January 20, 1999,
the Sheriff sent a letter to the Chairwoman of the County Commission recommending
instead that the Board enter into a lease with a purchase option contract with Arnold
Development Companies for space in a yet to be constructed building in the Naples Park
of Commerce. In this letter, the Sheriff stated that the occupants of Building A would be
willing to continue working in that facility until a new building was constructed.
On January 18, 1999, the final report from the indoor air quality consultant was received
certifying that Building A was suitable for occupancy. The report also recommended
additional remedial actions that should be taken to keep the building in good working
order. A mechanical engineering firm has been retained to review these
recommendations and provide cost estimates.
FEB 0 9 1999
Pg,~ /
Based upon the conclusions contained in the consultant's final report and the Sheriff's
willingness to delay a move out of Building A, staff recommends that the Board proceed
as outlined in its recently adopted Facilities Master Plan and construct a new facility for
the Public Works Division in the Commerce Park of Naples. A 'Request For Proposal"
(RFP) would be published for a turnkey facility which could be completed within ten to
twelve months. This would expedite the availability of space for this Division and in tum
for the Sheriff's Operations. Relocation of Public Works personnel into this facility
would allow the Sheriff to move the occupants of Building A into the offices vacated by
the Public Works staff at the main government center. In the interim, additional remedial
actions would be taken in Building A as recommended by the indoor air quality
consultant.
Proceeding in this manner has the following benefits:
1. It is consistent with the Board's long range Facilities Master Plan.
2. It is more cost effective than previously considered lease options.
3. It creates a tangible asset.
A sixty thousand square foot building would be constructed in the same manner as the
Development Services Building was constructed in 1988. If during the construction
.~-- period the Sheriff had some acute requirements, a portable office facility up to 2500
square feet could be set up at the government center.
FISCAL IMPACT: Funding for improvements in Building A, estimated at $190,000,
are available in General Fund Reserves (001-919010-991000). Funds are not presently
budgeted for the Public Works building. The estimated total cost of the 60,000 square
foot facility is $6,006,112, which includes land, design and construction. Staff has
reviewed funding alternatives and is recommending Florida Local Government Finance
Commission Commercial Paper financing. Loans from this source use a variable interest
rate and are presently being written with an interest rate of less than 4% with no up front
costs. Interest rates from this source have historically been very stable. To qualify for
this loan, building tenants would be restricted to governmental entities.
The repayment schedule will be 10 years. This will require the initial 5-year loan to be
rolled over for an additional 5 years. Payments would be structured on a 10-year
amortization with approximate annual payments of $720,000 or $61,000 monthly.
Annual debt service will be funded through rents charged to building tenants. The
principal building occupant is the Utilities Section of the Public Works Division.
Revenues for debt amortization would be primarily water and sewer user fees.
The estimated annual per square foot rent will range between $12 and $15 exclusive of
utilities and maintenance costs. The pledged revenue source will be any available non-ad
valorem revenue. l ' ,~/~'yEM
GROWTH MANAGEMENT IMPACT: This proposal is consistent with the Board's
approved Facilities Master Space Plan and adds 60,000 square feet to the County's
Growth Management Plan (inventory), Category B, Government Buildings.
RECOMMENDATION: That the Board authorize staff to publish a "Request for
Proposal" for an office building as proposed herein, endorse the financing plan and
proceed with the consultant's recommended improvements to Building A, including the
necessary budget amendments.
Reviewed By: f~d/'~/2 Date:
Skip C m CFMfDirector
a p,
Facilities Management Department
Date: 7--
Reviewed By Ed I1 net, tAdministrator
P~rks Division
Approved By: .... Date:
Support Service~~ r
EXECUTIVE SUMMARY
PRESENTATION OF CORRECTIONAL FACILITIES AND LAX~~
ENFORCEMENT I/~IPACT FEE SUMMARY REPORTS
OBJECTIVE: Presentation to the Board of County Commissioners the Correctional Facilities
and Law Enforcement impact fee summary reports prepared by Henderson, Young & Company.
CONSIDERATIONS: On March 18, 1997 the Board of County Commissioners authorized a
contract with Henderson, Young, & Company to prepare a Correctional Facilities impact fee
feasibility study, a legally defensible correctional facilities impact fee rate study, and an update
of the law enforcement impact fee rate study.
Correctional Facilities Impact Fee Summary Report
The purpose of the feasibility study was to determine what portion of correctional facilities
expansion (i.e., jail, operational facilities, and work release center) would be eligible to be funded
by impact fees and to provide the County the information with which to make a determination
regarding the feasibility of pursuing this revenue source to assist in offsetting the costs associated
with new growth and the resulting demand for additional correctional facilities. On June 24,
1997, the Board gave staff direction to proceed with the development of a full scale, legally
defensible correctional facilities impact fee rate study.
The consultant has prepared a Correctional Facilities Impact Fee SummaD, report which outlines
the methodology employed and the proposed impact fee rates per type of land use (See Table 6
on page 11 of the Executive Summary).
It is important to note that no credits (adjustments to the impact fee rate for estimated payments
of other sources of revenue that are used for capital projects that create additional capacity) are
included in the impact fee calculations, because the County does not have other funding
identified for the correctional facility capital projects. The ultimate funding source selected for
jail financing may have a direct impact on the final impact fee rates charged due to credits.
Law Enforcement Impact Fee Summary Report
The consultant has also prepared a Law Enforcement Facilities Impact Fee Summary report
which outlines the methodology employed and the proposed impact fee rates per type of land use
(See Table 8 on page 26 of the Executive Summary). The fee calculations are based on the
Sheriffs requested level of service standard for the road patrol and criminal investigations
components of law enforcement operations, the capital costs of those operations, and the demand
for law enforcement facilities by different types of land use, as determined by calls for service
and criminal investigations activity data..It is important to note that no credits (adjustments to
the impact fee rate for estimated payments of other sources of revenue that are used for capital
projects that create additional capacity) are included in the impact fee calculal tons. The draft
study assumes that Collier County will use its impact fee revenue for the acqL isitio~~fiM
and the construction of station space for road patrol officers and criminal inve ~tigat~gs required
to serve new development.
pg..
The Board of County Commissioners needs to make a policy decision as to what level of service
,-., it wishes to support. The result of that decision will determine the existing service level
(manpower) deficiency that must be made up prior to expending law enforcement impact fee
revenues and will ultimately also impact the final impact fee rates charged. The proposed impact
fee rates are based on the Sheriffs 1998 Manpower Analysis in the table below. The following
table identifies varying level of service standards and the associated manpower deficiency.
FY 2000 Level of Service Standards and Associated Manpower Deficiency
1992 1998
Manpower Manpower Survey* Survey*
Current Analysis Analysis Average High
Workload Workload Workload Workload Workload
Per Officer Per Officer Per Officer Per Officer Per Officer
Road Patrol Officers 1,511 1,146 1,315 565 1,186
Criminal Investigators 186 98 95 150 285
Manpower Surplus (Deficiency)
Road Patrol Officers Surplus (Deficiency) (25) (95) (58) (393) (86)
Criminal Investigations Officers Surplus (Deficiency) (6) (81) (86) (26) 23
Net Manpower Surplus (Deficiency) (31) (176) (144) (419) (63)
* Survey conducted to determine workloads in comparable Florida jurisdictions.
Assuming the adopted level of service standard were based on the Sheriffs 1998 Manpower
,_, Analysis, the existing service level deficiency of 144 positions would have to be made up prior to
expending law enforcement impact fee revenues.
GROWTH MANAGEMENT IMPACT:' None.
FISCAL IMPACT: The proposed correctional facilities and law enforcement impact fee rates
are summarized on pages 1 land 26 of the Executive Summary. The law enforcement impact fee
rates will be impacted by the level of service standard adopted by the Board of County
Commissioners, and the correctional facilities impact fee rates may be impacted by the financing
source selected for the jail expansion.
RECOMMENDATION: That the Board of County Commissioners:
1 ) provide policy direction as to the level of service standard to be utilized in the final law
enforcement impact fee rate study;
2) direct staff to finalize the correctional facilities and law enforcement impact fee rate studies
in conjunction with Henderson, Young, & Company;
3) bring forth the final rate studies for adoption at a public hearing;
4) authorize the County Attorney's Office to prepare the correctional facilities and law
enforcement impact fee ordinances and advertise for their respective adoptions.
Prepared by: ..... /':' ':& -" .-~ .....; --' Date: ,~ /" /
Michael Smykowski, ONIB Director FebmaD' l, 1999
CORRECTIONAL FACILITIES IMPACT FEE SUMMARY
Collier County, Florida
This report includes a series of six tables which summarize the draft work
completed for development of a Correctional Facilities Impact Fee rate study for
Collier County. The fee calculations are based on the County's adopted level of
service standard for jail facilities; the planned correctional facility capital projects,
including expansion 'of the Naples Jail Center, replacement and expansion of the
Immokalee Jail Center, and construction of a work restitution facility; and the
demand for jail facilities by different types of land use, as determined by county-
wide booking data.
The enclosed tables, as they appear, or as they are amended as a result of this
review by the Board of County Commissioners, will be the basis for the
development of the Correctional Facilities Impact Fee Rate Study.
AGENDA ITEM
No. .~Z~-~
FEB - g lSS
pg. ·
Henderson, February 2, 1999
Young &
Company Page 1
Table 1 shows the need for new correctional facilities by multiplying the standard
times the current population as welt as the population forecast for 6-years hence
(2005), comparing the result to the current inventory, and reporting the
surplus/(deficiency).
The county-wide peak population was used to calculate the current (1999) and
forecast (2005) surplus/(deficiency). The population projections were provided
by Collier County Comprehensive Planning (8/6/98).
The level of service of 2.42 jail beds per 1,000 population (peak) is the same as
recommended as the low range standard in the V-Group of Florida Final Report
of the Update of the Integrative Corrections Strategic Development Plan and
approved by the Board of County Commissioners November 17, 1998. The
standard includes such factors as the average daily jail population, the flexibility of
the facilities to handle the varied inmate populations, and the need for special
areas for medical, disciplinary segregation, and intake/hooking.
The current inventory of 754 jail beds is the County!s existing rated bed capacity.
TABLE 1
NEW JAIL BEDS REQUIRED
L.O.S.: 2.42 Beds per 1,000 Population (peak)
(1) (2) (3) (4) (5)
Beds
County-wide Required Net Surplus
Time Period Population (At 0.00242 Current or
(Fiscal Year) (peak) per Capita) Inventory * (Deficiency)
1999 314,036 760 754 (6)
2000 - 2005:6 Yr. Growth 56,294 136 (136)
2005 Total 370,330 896 754 (142)
'* Rated Capacity: NJC = 582 + IJC = 172 for a total of 754
AGENDA ITEM
Henderson, Felsl~ry 2, 1999
Young &
Company FEB
pg.
Table 2 shows the impact fee related costs of the following three planned
correctional capital facility projects: (1) Naples Jail Center (NJC) expansion,
including the NJC portion of the County Government Campus' new parking
structure and chiller plant expansion; (2) replacement and expansion of the
existing 172 bed Immokalee Jail Center (IJC); and (3) construction of a Work
Restitution Center.
Sources for the cost information include the Collier County FY1998-99 Budget
Capital Improvements Program and a November 8, 1998 memorandum from the
Director of the Department of Facilities Management.
The total capital cost of the correctional facility projects is shown in Column 2.
The portion of each project which is not impact fee related because it either (1)
eliminates an existing deficiency or, (2) replaces existing capacity, is shown in
Column 3 and subtracted from the total cost, resulting in the impact fee related
costs shown in Column 4.
TABLE 2
CORRECI'IONAL FACILITIES IMPACT FEE COSTS
(1 ) (2) (3) (4)
correctional
Total Facilities
Correctional Facility Capital Non-Impact Fee Impact Fee Costs
Capital Proiect Cost Cost * (Col. 2 - Col. 3)
,Naples Jail Center Expansion
Add 240 Beds and Admin. ]9,067,525 476,688 18,590,837
Parking Structure (NJC Portion) 1,260, 873 31,522 1,229, 35
Chilier Plant (NJC Portion) 384,69~ 9,617 375,079
iTotal: Naples Jail Center Expansion 20,713,094 517,827 20, 195,267
immokalee Jail Center Expansion/
Replacement 5,022,881 4,500,501 . 522,360
Work Restitution Center 2,800,000 2,800,000
Total 28,535,975 5, 018,328 23, 5 ] 7,647
· Replacement of current capacity (IJC) or existing deficiency (NJC)
Henderson, AGEklDA_~:t~,ary 1999
Young & No.
Company ~ge 3
FEB - 9
pg. ;
Table 3 calculates the average cost per jail bed by dividing th~
by the new capacffy (i.e., number of jail beds) the costs will pro
.... · : average cost per jail bed is then divided by the expected L
(" · I" [~ G' ~ e County's General Government facilities of 40 years (as sta~
CIC C (·!
,, . (7 · C C 1:: · · Improvements Element of the County's Comprehensive Plan:
[ · · C (7 ( · I annual cost per jail bed.
C ·CCCI·
::::,
ZC In the next step, 17.6 annual bookings per jail bed (based on 1 ~.
wide bookings and the County's rated capacily)is divided in~,
per jail bed to determine the cost per booking.
These calculations are shown in Column 4 of Table 3.
TABLE 3
COST PER BOOKING
.. ( 'i ) (2) (3)
Correctional Capacity
Facilities For New
Correctional Facility Impact Fee Development
Capital Proiects Costs (.iait beds)
Naples Jail Center Expansion 18,743,377 236
lmmokalee Jail Center Expansion/
Replacement 522,380 20
Work Restitution Center 2,800,000 110
Total 22,065,757 366
Average Cost per Jail Bed (Col. 2 / Col. 3)
Useful Life of focility (years)
Annual Cost per Jait Bed (Average Unfunded Cost / Useful Life)
Annual Bookings per Jail Bed
Cost per Booking (Annual Cost/Annual Bookings)
Henderson,
Young &
Company
The analysis of demand by each type of land use is based on a detailed review of
actual arrests which were processed (I. e,, booked) by the Sheriff's Office during
FY1996, Table 4 shows the total FY1996 arrests, or bookings, by arresting agency.
TABLE 4
FY 1996 ARRESTS
ALL AGENCIES
(1) (2) (3)
Percent Of
FY1996 FY1996
Arresting Agency Arrests Arrests
Collier County Sheriff Office 10,837 81.5%
Naples Police Department 1,749 13.2%
Other Agencies 712 5.3%
Total Arrests 13,298 100.0%
AGENDA ITEM
No. .~',2
' 7EP_, --:q.' 1999
Henderson .... ,~.u_arl/2~ '1999
Young &
Company Page 5
The 13,298 arrests (from Table 4) are analyzed by the individual land uses at which
incidents occurred that lead to the incarceration in a County correctional facility.
The land use relationship is shown in Column 2 of Table 5.
Column 3 lists the county-wide number of dwelling units and square feet of non-
residential structures of each land use type within Collier County during 1996.
The annual bookings per dwelling unit and non-residential square foot is
calculated in Column 4 by dividing the annual bookings for each land use
(column 2) by the number of dwelling units or non-residential square feet of
structures (column 3).
In Column 5 the result from Column 4 is multiplied by the annual cost per booking
(from Table 3) to identify the annual correctional facility cost for each type of
dwelling unit and non-residential square foot.
~ AGEN'DA ITEM
No,_ ?'
.'-' i FFI -,.c; 1999
Henderson,'~"~'
Young &
Company Page 6
TABLE 5
ANNUAL COST BY LAND USE
( 1 ) (2) (3) (4) (5)
Annual Annual
Annual County-wide Bookings Correctional
Bookings D.U. per D.U. Facilities Cost
to or and At $91,77 per
Land Use Land use Sq. Ft. Sq. Ft. Booking
RESIDENTIAL
Single Family 3, 159 49,962 0.0632 5.80 per dwelling unit
Multi-Fami!y 2,263 56,007 0,0404 3.71 per dwelling unit
Mobile Home 70 11,394 0.0061 0.56 per dwelling unit
NON-RESIDENTIAL
Lodging:
Hotel/Motel 257 3,922,938 0.0000655 0,0060 per square foot
Nursing Home/institution 25 2,376,344 0.0000105 0.00~0 per square foot
Miscellaneous Residential 53 584,085 0.0000907 0.0083 per square foot
Medical:
Hospital 96 699,699 0.0001372 0.0126 per square foot
Commercial:
Office 1,297 3,499,019 0,0003707 0.0340 per square foot
Retail 4,030 13, ~ 98,643 00003053 0.0280 per square foot
Restaurant/Bar/Lounge 655 ~,374,451 0.0004766 0.0437 per square foot
Industrial/Manufacturing 66 7,696, 491 0.0000086 0.0008 per square foot
Leisure/Outdoor 705 4,502,485 00001566 0.0144 per square foot
Other Miscellaneous 194 473,845 0,0004094 0.0376 per square foot
Institutions:
Church 42 ~,279,098 0.0000328 0,0030 per squore foot
School/College 80 ~,770,4]0 0.0000452 0.O041 per square foot
Government/Public Bldgs 306 ~,629,355 0.0001878 0.0172 per square foot
Total: ] 3,298
IAGENDA I~'EM
No._ ,~ ,--' ':-'2 '-
Henderson L,~ ''~
Young &
Company Page 7
Table 6 shows the total correctional facility cost for each type of residential and
non-residential land use over the projected economic life of the structures. In
order for impact fees to pay for the cost of providing capital facilities for the life
of the building paying the impact fee, the annual cost is multiplied by the number
of years of economic life of each type of development. Tlne time frames of 27.5
years for residential structures and 39.0 years for non-residential structures are
based on I.R.S. guidelines for the economic life of these two classes of structures.
The total correctional facilities costs shown in Column 4 represent the proposed
impact fee rates. No credits (i.e., adjustments to the impact fee rate for
estimated payments of other sources of revenue that are used for capital
projects that create additional capacity) are included in the impact fee
calculations, because the County does not have other funding planned for the
correctional facility capital projects.
AGEND_A ITEM
No, f '-
FEB - 9 1999
Henderson, Fel~g;LC~y 2. I c2c29
Young & -- ....._
Company Page 8
TABLE 6
TOTAL COST PER TYPE OF LAND USE
(~) (2) (3) (4)
Annual Total
Correctional Facilities Correctional Facilities
Cost Per Cost Per
Dwelling Unit Economic Life Dwelling Unit or
or Of Square Foot
Land Use Square Foot Development (Co~. 2 * Col, 3)
RESIDENTIAL
Single Famity 5.41 per dwelling unit 27.5 148,78 per dwelling unit
Multi-Family 3.46 per dwelling unit 27.5 95, 15 per dwelling unit
Mobile Home 0.52 per dwelling unit 27.5 14.30 per dwelling unit
NON~RESiDENTIAL
Lodging:
Hotel/Motel 0.0056 per square foot 39.0 0.2184 per square foot
Nursing Home/Inst. 0.0009 per square foot 39,0 0.0351 per square foot
Misc, Residential 0,0078 per square foot 39.0 0.3042 per square foot
Medical:
Hospital 0.0117 per square foot 39.0 0,4563 per square foot
Commercial:
Office 0.0317 per square foot 39.0 i.2363 per square foot
Retail 0.0261 per square foot 39.0 1.0179 per square foot
Rest/Bar/Lounge 0.0408 per square foot 39.0 1,5912 per square foot
Industrial/Manuf. 0.0007 pe~ square foot 39.0 0.0273 per square foot
Leisure/Outdoor 0,0134 per square foot 39,0 0.5226 per square foot
Other Misc. 0.0351 per square foot 39.0 1.3689 per square foot
Institutions:
Church 0.0028 per square foot 39.0 0. 1092 per square foot
School/College 0.0039 per square foot 39.0 0. 152~ per square foot
Govt,/PuDlic Bldgs 0.0161 per square foot 39.0 0.6279 per square foot
AGENDA ITeM
No, ! ~,
FEB - 9 1999
F~',__//
Henderson, February 2, 1999
Young &
Company Page 9
LAW ENFORCEMENT FACILITIES IMPACT FEE SUMMARY
Collier County, Florida
This report includes a series of eight tables which summarize the draft work
completed for development of a Law Enforcement Facilities Impact Fee rate
study for Collier County. The fee calculations are based on the Sheriff's
requested level of service standard for the road patrol and criminal investigations
components of law enforcement operations; the capital costs of those
operations; and the demand for law enforcement facilities by different types of
land use, as determined by calls for service and criminal investigations activity
data.
The enclosed tables, as they appear, or as they are amended as a result of this
review by the Board of County Commissioners, will be the basis for the
development of the Law Enforcement Impact Fee Rate Study.
I AGENDA ITEM
No,
""' ! FEB - 9 19,99
t
Henderson,
Young &
Company Page
Table 1 identifies the level of service standards used in the development of the
impact fee rates presented in this report.
The level of service for law enforcement is based on two components: Road
Patrol and Criminal investigations. The level of service standard represents the
proposed workload per officer. For example the proposed level of service for
road patrol is 1,31 5 calls for seNice (CFS) per road patrol officer per year (this
means that for every 1,315 CFS the Sheriff's Office needs the equivalent of 1 road
patrol office0.
The standards for level of service include such factors as workload, response
times, and availability, Details of the methodology used to determine these level
of service standards are included in the ~998 update of "Collier County Law
Enforcement impact Fee Manpower Analysis of Road Patrol and Criminal
Investigators", which will be included as an appendix to the impact fee rate
study.
TABLE ]
LEVEL OF SERVICE STANDARDS FOR
LAW ENFORCEMENT IMPACT FEE
( 1 ) (2)
Law Enforcement
Component Level of Service Standard
Road Patrol 1,315 Calls for Service per Officer per Year
Criminal Investigations95 Criminal Investigations per Officer per
Year
AGENDA ITEM
FEB - 9 1999
Henderson, February 2, 1999
Young & Pg" / Z
Company PnO~ ?
ROAD PATROL:
Tables 2 through 4 summarize the analysis of the road patrol component of the
law enforcement impact fees.
As explained above, the road patrol standard which established the basis for the
impact fee for capital costs is based on the workload of road patrol officers. The
standard also has implications beyond impact fees, including staffing levels and
resulting costs in operating budgets. Upon completion of the Manpower Analysis
Update, the County's staff and Henderson, Young & Company agreed that a
survey of other Florida law enforcement agencies would provide useful
comparisons to the level of service standards being developed for the proposed
impact fee for law enforcement.
The survey, which concerned the workload of patrol officers (and criminal
investigators), was sent to the same law enforcement agencies that were
surveyed in 1996 for the pay plan. It is our understanding that these agencies
were acceptable to the Sheriff and the County Commissioners as being
appropriate for' comparison. Henderson, Young & Company compiled and
analyzed the survey responses, including calculation of call loads per patrol
officer (and caseload per investigator),
The survey results are included in Table 2, which shows the need for additional
road patrol officers through the year 2006, based on 5 different workload (CFS)
scenarios:
· Sheriff's Office current workload (column 3) of 1,511 CFS per officer;
· 1992 Manpower Analysis recommended workload (column 4) of
1,146 CFS per officer;
· 1998 update of the Manpower Analysis recommended workload
(column 5) of 1,315 CFS per officer;
· Survey results Average workload (column 6) of 565 CFS per officer;
_._ and
· Survey results "High" workload (column 7) of 1,186 CFS pBi offik:f:IEF-~DA ITEM
Henderson, :ebruf~y 2,
Young &
Company F E
Pg .~ /~/
ROAD PATROL (continued;):
The surplus/(deficiency) of officers shown in Columns 3 through 7 of Table 2 are
based on dividing the various standards for CFS per officer by the total annual
CFS (column 2) as forecast by the Sheriff's Office, and comparing the result to the
existing (1998) authorized strength of 198 road patrol officers.
For example, in the' year 2000 the Sheriff will need 25 additional road patrol
officers (over the 1998 authorized strength) in order to maintain the 1998 actual
level of service workload of 1,511 CFS per officer. If the standard in the 1998
Manpower Analysis Update is implemented, an additional 58 road patrol officers
will be required (see column 5). If the Sheriff were to operate at the same
workload level as the highest workload reported in the survey, 86 additional road
patrol officers would be required in the year 2000 (in addition to the 1998
authorized strength of 198).
TABLE 2
ROAD PATROL OFFICERS REQUIRED
L.O.S.: ANALYSIS OF ALTERNATIVE WORKLOAD STANDARDS
Agency Forecast ..... Road Patrol Officer Surplus/(Deficiency) .....
(:Based on Workload~
( 1 ) (2) (3) (4) (5) (6) (7)
1992 1998
Manpower Manpower Survey Survey
Total Current Analysis Analysis Average High
Calls For CFS Per CFS Per CFS Per CFS Per CFS Per
Service Officer Officer Officer Officer Officer
Year (CFS~ (1,511) (1,146) (1,315) (565] (1,186)
1998 293, 104 0 (62) (29) (325) (53)
1999 312.364 (13) (79) (44) (359) (69)
2000 331,625 (25) (95) (58) (393) (86)
2001 350,885 (38) (112) (73) (427) (102)
2002 370,146 (51) (129) (87) (461) (]]8)
2003 389.405 (64) (146) (102) (495) (134)
2004 408,666 (76) (163) (117) (529) (15t)
2005 427,926 (89) (179) (131) (563) (167)
2006 447,187 (102) (196) (146) (597) (183)
F ..... AC, ENDA
Henderson. Fe~uaryN~' 1999
Young & ~
company ! 1999
:.
~.-,..
ROAD PATROL (continued):
Decision Re,c]arding level of Service: The impact fee rates in this report are based
on the workload standard shown in Column 5 of Table 2 (which requires an
increase in operating budgets for the additional road patrol deputies shown in
Column 5). The Board of County Commissioners needs to decide what level of
service it wishes to support. If the Board of County Commissioners supported a
lower standard (i.e., an increase in the workload standard per officer) it would
require less costs for new road patrol officers and it would lead to a lower impact
fee. Conversely, support of a higher standard (i.e., a decrease in the workload
standard per officer) would result in an increase in operating costs for road patrol
deputies and it would produce a higher impact fee.
AGENDA ITEM
No. ~: L;: L ,'-)
"' F E e - 9 1999
Henderson, Fe~.o. ry 2, 1999
Young &
Company
ROAD PATROL (continued;):
Table 3 calculates the average cost per call per service (CFS) by dividing the
capital costs of a road patrol unit by the expected useful life of each component
(vehicle, equipment and building) to determine the annual cost per road patrol
unit. In the next step, 1,31 5 CFS per road patrol unit (each officer is assigned a
vehicle) is divided into the annual cost per road patrol unit to determine the cost
per CFS. These calculations are shown in Column 4 of Table 3,
TABLE 3
ROAD PATROL COST PER CFS
( 1 ) (2) (3) (4)
Useful Life
Road Patrol Total Cost of Road Patrol
Cost Per Component Cost Per
Components Component [Years) CFS
VEHICLE
Patrol Car Purchase $19,300.00 6 3, 216.67
Painting and Markings 285.00 6 47.50
Vehicle Total 19,585.00 3,264.17
EQUIPMENT
Cage 269.00 6 44.83
Light Bar 1,018.00 6 169.67
Mobile Radio 3, 158,00 6 526.33
Portable Radio 2,706.60 6 451,10
* Radar Unit 500.00 6 83.33
Equipment Total 7,651.60 1,275.26
Less: 12% Resale Value (3,262.39) 6 (543.73) .
Subtotal: Vehicle &Equipment 23,97421 3,995,70
STATION
134 Square Feet (@ 126,56
per square foot) 16,959.04 40 423,98
Patrol Unit Cost 40,933.25
* $1,500 per radar unit x 0.33
units per vehicle
Annual Cost Per Road Patrol Unit 4,419.68
Annual CFS Per Road Patrol Unit 1,315
Cost Per CFS ($4,419.68 Annual Cost / Annual CFS) 3.36
F~bruar C-~,hlIE~TEM '
Henderson, . ~ .' .f' E' c~-)
Young & ~'
Company i Page 6
ROAD PATROL (continued:):
The analysis of road patrol demand by each type of land use is based on a review
of 270,040 calls for service (CFS) which the Sheriff's Office responded to during
FY1996.
The CFS are analyzed by the individual land uses at which incidents occurred. The
land use relationship is shown in Column 2 of Table 4.
Column 3 lists the number of dwelling units and square feet of non-residential
structures of each land use type within the area served by the Sheriff's road
patrol operations (i,e,, unincorporated Collier County, Everglades City and the
City of Marco Island).
The annual CFS per dwelling unit and non-residential square foot is calculated in
Column 4 by dividing the annual CFS for each land use (column 2) by the number
of dwelling units or non-residential square feet of structures (column 3),
In Column 5 the result from Column 4 is multiplied by the annual cost per CFS (from
Table 3) to identify the annual road patrol facility cost for each type of dwelling
unit and non-residential square foot.
AGENDA ITEM
No. ;' ~.-:
" F E B - 9 1999
Henderson, "FeI:iFrI~Q[.Q.,j.-,~Q~F
Young & L._- ......
Company Page 7
ROAD PATROL (continued:):
TABLE 4
ANNUAL ROAD PATROL COST TO LAND USE
(1) (2) (3) (4)' (5)
Annual
Annual Dwelling CFS
CFS Units Per D.U. Annual Capital Cost
To Or and At $3.36
Land Use Land Use Square Feet Sq. Ft. Per CFS
RESIDENTIAL
Single Family 78,686 42,856 1.8361 6.1693 per dwelling unit
Multi-Family 44,248 46,744 0.9466 3. 1806 per dwelling unit
Mobile Home 3, 170 11.222 0.2825 0.9492 per dwelling unit
NON-RESIDENTIAL
Lodging:
Hotel/Motel 3,667 2,559,462 0.00143 0.0048 per square foot
Nursing Home/Institution 219 2,202,174 0.00010 0.0003 per square foot
Miscellaneous Residential 928 584,085 0.00159 0.0053 per square foot
Medical:
Hospital 548 155,726 0.00352 0.0118 per square foot
Commercial:
Office 15,099 1,655,463 0.00912 0.0306 per square foot
Retail 75,712 10,124,673 0.00748 0.0251 per square foot
Restaurant/BorlLounge 15,781 1,102,332 0.0~432 0.0481 per square foot
Industrial/Manufacturing 3,060 7,412,473 0.00041 0.0014 per square foot
Leisure/Outdoor 14,037 4,352,957 0.00322 0.0108 per square foot
Other Miscellaneous 2,542 473,845 0.00536 0.0180 per square foot
Institutions:
Church 1,047 971,269 0.00108 0.0036 per square foot
School/College 5,787 1,230,759 0.00470 0.0158 per square foot
Government/Public Bldg. 5,509 1,587,378 0.00347 0.0117 per square foot
Total 270,040
AGENDA ITEM
No. .
Henderson, -----Fe. ia,~ar, y..,,2,.,],!:,:2-g.q.,
Young &
Company Page 8
CRIMINAL INVESTIGATIONS:
Tables 5 through 7 summarize the analysis of the criminal investigations
component of the law enforcement impact fees.
As explained in the text accompanying Table 2, the standards which established
the basis for the impact fee for capital costs are based on the workload of road
patrol and criminal investigations officers.
The survey of other Florida law enforcement agencies (as explained in the text
accompanying Table 2) also concerned the workload of criminal investigators.
The SUNey results regarding criminal investigator worktoads are included in Table
5, which shows the need for additional criminal investigations officers through the
year 2006, based on 5 different workload (CFS) scenarios:
· Sheriff's Office current workload (column 3) of 186 INVS per officer;
· 1992 Manpower Analysis recommended workload (column 4) of 98
INVS per officer;
· 1998 update of the Manpower Analysis recommended workload
(column 5) of 95 INVS per officer;
· Survey results Average workload (column 6) of 150 INVS per officer;
and
· Survey results "High" workload (column 7) of 285 INVS per officer.
AGENDA ITEM
Henderson, ,,47-e~ggry,--~,-.,1999--'
Young &
Company Page 9
CRIMINAL INVESTIGATIONS (continued;):
TABLE 5
CRIMINAL INVESTIGATIONS OFFICERS REQUIRED
L.O.S.: ANALYSIS OF ALTERNATIVE WORKLOAD STANDARDS
Agency Forecast ..... Criminal Investigations Officers Surplus/(Deficiency) .....
(Based on Workload;)
(1) (2) (3) (4) (5) (6) (7)
1992 1998
Part l Manpower Manpower Survey Survey
And Current Analysis Analysis Average High
Part II · INVS Per INVS Per }NVS Per INVS Per INVS Per
Crimes Officer Officer Officer Officer Officer
Year (INVS) (186) (98] (95) (150] (285)
1998 14,534 0 (70) (75) (19) 27
1999 15,057 (3) (76) (80) (22) 25
2000 15,580 (6) (81) (86) (26) 23
2001 16, 103 (9) (86) (92) (29) 21
2002 16,625 (1 ]) (92) (97) (ss) 20
2003 17,147 (14) (97) (102) (36) 18
2004 17,671 (17) (102) (108) (40) 16
2005 18, 193 (20) (108) (114) (43) 14
2006 18,715 (23) (113) (119) (47) 12
Decision Regarding level of Service: The impact fee rates in this report are based
on the workload standard shown in Column 5 of Table 5 (which requires an
increase in operating budgets for the additional investigators shown in Column 5).
The Board of County Commissioners needs to decide what level of service it
wishes to support. if the Board of County Commissioners supported a lower
standard (i.e., an increase in the workload standard per officer) it would require
less costs for new investigators and it would lead to a lower impact fee.
Conversely, support of a higher standard (i.e., a decrease in the workload
standard per officer) would result in an increase in operating costs for
investigators and it would produce a higher impact fee.
AGENDA I1
No.
Young &
Company bage 10
CRIMINAL INVESTIGATIONS (continued):
Table 6 calculates the average-cost per criminal investigation (INVS) by dividing
the capital costs of a criminal investigations unit by the expected useful life of
each component (vehicle with equipment and building) to determine the
average annual cost per criminal investigations unit. In the next step, 95 INVS per
criminal investigations unit (each officer is assigned a vehicle) is divided into the
average annual cost per criminal investigations unit to determine the cost per
INVS. These calculations are shown in Column 4 of Table 6.
TABLE 6
CRIMINAL INVESTIGATIONS COST PER INVESTIGATION (INVS)
( 1 ) (2) (3) (4) (5) (6)
Criminal
Vehicles Cost Cost Of Useful Investigations
In Per Inventory Life Cost Per
Type of Vehicle Inventory Vehicle (Col. 2 * Col, 3) (Years) INVS
"' Converted Patrol 14 $7,991.40 $111,879.60 2 $55,939.80
Purchased: Used 57 14,519.68 827,621.76 5 165,524.35
Forfeiture 3 0.00 0.00 3 0.00
Test Vehicle 1 0,00 0.00 6 0.00
Total 75 $221,464.15
Average Annual Cost Per Vehicle $2,952.86
STATION
134 Square Feet @ $126.56 per Square Foot $16,959.04 40 423.98
Average Annual Cost Per Criminal Investigations Unit $3,376.84
Annual INVS Per Criminal Investigations Unit 95
Cost Per INVS ($3,376.84 Annual Cost/Annual INVS) 35.55
AGENDA ITEM
No. ,e.~ ~
i FER - 9 I,~,.H
Henderson, F~bruc~.~..2, 1999
Young &
Company """fi~g~ , I
i
CRIMINAL INVESTIGATIONS (continued):
The analysis of criminal investigations demand by each type of land use is based
on a review of 13,535 Part l and Part II crimes which required a criminal
investigation during FY1996.
The criminal investigations (INVS) are analyzed by the individual land uses at which
incidents occurred. The land use relationship is shown in Column 2 of Table 7.
Column 3 lists the number of dwelling units and square feet of non-residential
structures of each land use type within the area served by the Sheriff's criminal
investigations operations (i,e., unincorporated Collier County, Everglades City and
the City of Marco Island).
The annual INVS per dwelling unit and non-residential square foot is calculated in
Column 4 by dividing the annual INVS for each land use (column 2) by the number
of dwelling units or non-residential square feet of structures (column 3).
In Column 5 the result from Column 4 is multiplied by the annual cost per INVS
(from Table 6) to identify the annual criminal investigation facility cost for each
type of dwelling unit and non-residential square foot.
AGENDA ITEM
No.
FE,R -9 1999
Henderson, FelaruarY~'2,--l-c2-~_.
Young &
Company Page ] 2
TABLE 7
ANNUAL CRIMINAL INVESTIGATIONS COST TO LAND USE
(1 ) (2) (3) (4) (5)
Annual Annual
Annual Dwelling INVS Capital
INVS Units Per D.U. Cost
To or and At $35.55
Land Use Land Use Square Feet Sq. Ft. Per INVS
RESIDENTIAL
Single Family 4,979 42,856 0.1162 4. 1309 per dwelling unit
Multi-Family 2,512 46,744 0.0537 1.9090 per dwelling unit
Mobile Home 33 1 t,222 0.0029 0.1031 per dwelling unit
NON-RESIDENTIAL
Lodging:
Hotel/Motel 223 2,559,462 0.00009 0.0032 per square foot
Nursing Home/Institution 2 2,202, 174 0.00000 0,0000 per square foot
Miscellaneous Residential 33 584,085 0.00006 0.0021 per square foot
Medical:
Hospital 16 155,726 0.00010 0.0036 per square foot
Commercial:
Office 1,31 3 1,655,463 0.00079 0.0281 per square foot
Retail 2,535 10, 124,673 0.00025 0.0089 per square foot
Restaurant/Bar/Lounge 345 1,102,332 0.00031 0.0110 per square foot
industrial/Manufacturing 247 7,412,473 0.00003 0.0011 per square foot
Leisure/Outdoor 478 4,352,957 0.00011 0.0039 per square foot
Other Miscellaneous 140 473,845 0.00030 0.0107 per square foot
Institutions:
Church 47 971,269 0.00005 0.0018 per square foot
School/College 394 1,230,759 0,00032 0.0114 per square foot
Government/Public Bldg. 238 1,587,378 0.00015 0.0053 per square foot
Total 13, 535
AGENDA ITEM
No.
"" PER - 9
Henderson, ~eb~.~
Young &
Company Page 13
LAW ENFORCEMENT TOTAL:
Table 8 shows the total law enforcement facility cost (road patrol plus criminal
investigations) for each type of residential and non-residential land use over the
projected economic life of the structures. In order for impact fees to pay for the
cost of providing capital facilities for the life of the building paying the impact fee,
the annual cost is multiplied by the number of years of economic life of each type
of development. The time frames of 27.5 years for residential structures and 39.0
years for non-residential structures are based on I.R.S. guidelines for the
economic life of these two classes of structures.
The total law enforcement facilities costs shown in Column 6 represent the
proposed impact fee rates. No credits (i.e., adjustments to the impact fee rate
for estimated payments of other sources of revenue that are used for capital
projects that create additional capacity) are included in the impact fee
calculations. The draft study assumes that Collier County will use its impact fee
revenue for the acquisition of vehicles and the construction of station space for
road patrol officers and criminal investigators required to serve new
development.
AGENDA ITEM
No. ,.?,.2 d_
FEB - S 1990
Henderson, Fe,_t:>r._u. ary~'2', .,7~ ......
Young &
Company Page 14
TABLE 8
LAW ENFORCEMENT
TOTAL COST PER TYPE OF LAND USE
(1 ) (2) (3) (2) (3) (4)
Annual Annual Annual
CFS INVS LE Total
Cost Cost Cost Economic LE Cost
Per Per Per Life Qf Per
D.U. or D.U. or D.U. or Develop- D.U. or Sq. Ft.
Land Use Sq. Ft. Sq. Ft. Sq. Ft. Ment (Col. 2 x Col.
RESIDENTIAL
Single Family 6.1693 4.1309 6.1693 27.5 169.66 per dwelling unit
Multi-Family 3.1806 1.9090 3.1806 27.5 87.47 per dwelling unit
Mobile Home 0.9492 0.1031 0.9492 27.5 26.10 per dwelling unit
NON-RESIDENTIAL
Lodging:
Hotel/Motel 0.0048 0.0032 0.0048 39.0 0.19 per square foot
Nursing Home/Institution 0.0003 0.0000 0.0003 39.0 0.01 per square foot
. Miscellaneous Residential 0.0053 0.0021 0.0053 39.0 0.21 per square foot
Medical:
Hospital 0.0118 0.0036 0.0118 39.0 0.46 per square foot
Commercial:
Office 0.0306 0.0281 0.0306 39.0 1.19 per square foot
Retail 0.0251 0.0089 0.0251 39.0 0.98 per square foot
Restourant/Bar/Lounge 0.0481 0.01 l0 0.0481 39.0 1.88 per square foot
Industrial/Manufacturing 0,0014 0.0011 0.0014 39.0 0.05 per square foot
Leisure/Outdoo- 0.0108 0.0039 0.0108 39.0 0.42 per square foot
Other Miscellaneous 0.0180 0.0107 0.0180 39.0 0.70 per square foot
Institutions:
Church 0.0036 0.0018 0.0036 39.0 0.14 per square foot
School/College 0.0158 0.0114 0.0158 39.0 0.62 per square foot
Government/Public Bldg. 0.0117 0.0053 0.0117 39.0 0.46 per square.foot
AGENDA ITEM
No ,f"
FEB
PE-, ._ .--?.
Henderson, February 2, 1999
Young &
Company Page 15
' EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD APPROVE A PROPOSED
SETTLEMENT AGREEMENT IN THE AMOUNT OF $28,000.00 FOR THE
LAWSUIT STYLED ROBERT P. RICHMAN I,'Z. COLLIER COUNTY, CASE NO.
97-419-CIV-FTM- 18D, NOW PENDING IN THE UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF FLORIDA.
~ For the Board to approve a proposed settlement agreement to resolve the
lawsuit styled Robert P. Richman v. Collier County, Case No. 97-419-CIV-FTM-18D, pending
in the United States District Court for the Middle District of Florida in the amount of $28,000.00
in exchange for full releases and a dismissal of the lawsuit with prejudice.
CONSIDERATIONS: This matter was brought before the Board on January 12, 1999. At
that time, Mr. Richman had reduced his settlement demand from $265,958.90 to $33,500.00 and
County staff and the Office of the County Attorney were recommending a counter offer of
approximately $28,571.00. The Board rejected making that offer. Since the January 12, 1999
meeting, the Court has changed the location of the trial from Tampa to Orlando. Mr. Richman
has now agreed to settle the case for $28,000.00, although he is unwilling to give up the right to
have the case heard before a federal judge. Accordingly, the case will probably be tried in
Orlando unless a visiting judge becomes available to hear the case in Fort Myers. The figure of
$28,000.00 is considered to be a "cost of defense" settlement by the Office of the County
Attorney.
FISCAL IMPACT: Should the Board agree to settle this litigation for $28,000.00, 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 this settlement not be
approved 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 attorney's fees and front pay, it is possible that a recovery by Mr.
Richman at trial could be in the neighborhood of Mr. Riehman's original settlement demand of
$265,000.00. It is also possible, although highly unlikely, that a court could order that Mr.
Richman be reinstated as an alternative to any front pay award.
GROWTH MANAGEMENT IMPACT: None.
F E 8 0 9- i999
i ) -
RECOMMENDATION: That the Board approve settlement of Case No. 97-419-CIV-FTM-
18D in the amount of $28,000.00 and authorize the Chairwoman to execute the necessary
settlement documents.
Michael W. Pettit
Assistant County Attorney
REVIEWED BY: ~ Date:
4e~(Walker
Risk Management Director
APPROVED BY:/~adx.ti~ ~~q_Z Date: ~a --/- q ~'
David C. Weige[' ~,)
County Attorney
h:lit\Richman-ExSum-Settlement-Feb9
AGENDA ITEM
*--- No. q
l:fB 0 9 i999
2 vg.
APPOINTMENT OF MEMBER(S) TO PELICAN BAY MSTBU ADVISORY COMMITFEE
OBJECTIVE: To appoint 3 members to serve 4 year terms, expiring on January 29, 2003, on
the Pelican Bay MSTBU Advisory Committee.
CONSIDERATIONS: The Pelican Bay MSTBU Advisory Committee had 5 terms expire on
January 29, 1999. This 15 member Advisory Committee was established by Ordinance 90-11
and amended by Ordinance 91-22. On November 3, 1998 Agenda Item 16 (B) (3), the Board of
County Commissioners voted to reduce the membership of this committee from 15 members to
13 members. The Division provides landscaping services, including all public road maintenance
and park areas, street lighting services, aquatic management services, beach cleaning, and the
Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of
long-term community. planning so that residents can enjoy the benefits of Pelican Bay while
ensuring both the social and financial well-being of the Pelican Bay Community.
A list of the current membership is included in the backup.
A press release was issued and resumes were received from the following 6 interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Donald Spanier Resident 2 yes
Anthony Pires (re-appt) Non-resident;~business 5 yes
Thomas C. Brown (reoappt) Resident 2 yes
Lou Vlasho Resident 2 yes
Larry Salzman Resident 2 yes
Joseph Bawduniak Resident 2 yes
COMMITTEE RECOMMENDATION: Anthony Pires - re-appt.
Joseph Bawduniak - new appt
The third position was a tie between Thomas C. Brown - re-appt
and Larry Salzman - new appt
Tony Pires served a 2 year term 02/02/93 to 01/29/95
and a 4 year term 01/24/95 to 01/29/99.
Ordinance 86-41, Section Seven (b)(2) states that "Appointments to fill a vacancy for the
remainder or balance of a term of office shall be considered a term of office for the purpose of
the limitations set forth in Section (b)( 1 ) above only if the remainder of the term to be served
exceeds 50% of the full term."
Since Mr. Pires' initial appointment did not exceed 50% of the full term, it is not considered a
-.-- full term and, he is eligible for re-appointment. . ..... ~;::.~,~::...:~..~._~:,~::.~;:~
GROWTH MANAGEMENT IMPACT: NONE FEB 0 S 1999
/ ......
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: FEBRUARY 9, 1999
FEB 0 9 1999
Pg. ~
RECEIVED
JAN 9 1999
I MEMORANDUM .~,:~,.~ ~...~ ,, ..........-~, ]
I II i i i'l'i ~ ! i~ ~
TO: Ms. Sue Filson
FRON~I: James P. Ward
DATE: January 19, 1999
SUBJECT: Pelican Bay MSTBU Advisory Committee
Attached for .,,'our information is the recomrnendation from the Pelican Bay MSTBU
Advisory Committee for the appointment of Advisory Committee members. You will note
from the ranking, there was a tie for the third position between Messrs. Tom Brown and
Larry Salzman. The Advisory Committee would respectfully request that that final
position be filled at the Board of County Commissioners' discretion.
APPLICANT CATEGORY AREA OF EXPERTISE
Donald Spanier Resident Engineering &administration
Anthony Pires Non-resident/ Reappointment -Mernber since 1993
business Attorney
Woodward, Pires and Anderson
Thomas C. Broxvn Resident Reappointrnent - Member since 1995
Landscape/nursery operations
Lou Vlasho Resident Certified Management Acceptant and
Management Accountant
Larry Salzrnan Resident Industrial Engineering
Board of The Club at Pelican Bay
Joseph Bawduniak Resident Physics
Research planning and management
Prior member of various Public
Service authorities.
Thank you for the time and effort that you have put into this and if you have any ~=r?h,-,'
questions, please let me know. AoG.~
N
FEB O 9 1999
Pg. ~
Sheet1
Collier Count),
Pelican Bay Services Division
Schedule of Recommendations by Advisory Board Members
Advisory Board Donald Anthony Lou Larry Thomas JoSeph
Members Spanier Pires Vlasho Salzman Brown Bawduniak
Thomas Broxx~ 1 1 1
James Carroll I 1 1
Edward G~ffith 1 1 1
Glen Ha~ell I 1 1
Herbca Hasson I I I
Cornelia Kricgh ii~ I 1 1
Maurecn McCarthy I 1 1
Cora Oblc~
Anthony Pircs i:i:~:i:i:!:i:~:~:i:5:i:i:!:i:5:i:~:i:i:i:i .......] I
NAo?~I''1 .
pag~ ~ FEB 0 9 1999
Pelican Bay MSTBU Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndE. vpDate 2rid Term
Herbert Hasson 01/14/97 01/29/01 4 Years
6001 Pelican Bay Blvd., #1602 598-9064
Naples, FL 34168
District: 2
Category: Resident
Comelia Kriegh 02/10/98 01/29/02 4 Years
5964 Pelican Bay Boulevard
Naples, FL 34108
District: 2
Cateoory: Resident , I-~' ~/~
F ederick FI Ff~]§ e
svjTji~,t,.,~~ s9s-~334 03/19/91 01/29/95 4 Years ~....
80 ur ak Drive. Suite 200 598-3849 1/24/95 01/29/99 4 Years
NapI L 34108 '
D,'
Edward R. Griffith 947-2600 01/14/97 01/29/01 4 Years
8191 Lov,'bank Drive
Naples, FL 34109
District: 2
Category: Developer
Cora P. Oblev 01/29/91 01/29/95 4 Years .....-
802 Slashpine Court 591-1802 1/24/95 01/29/99 4 Years
Naples. FL 34108
District: 2
Category: Resident
Anthony P. Pires 597-6983 02/02/93 01/29/95 2 Years
209 Madison Drive 597-6983 1/24/95 01/29/99 4 years
Naples, FL 34110
District: 5
Category: Non-Resident/Attorney
Maureen McCarthy 02/10/98 01/29/02 4 Years
6075 Pelican Bay Blvd., #501 598-3857
District: 2 N
Category: Resident/Financial
F E B O 9 1999
Pg. L'-~"' --
¥uesdj}Trebruary iO, 19~[ .............. elge I oI3 .......
rt' 5'~ fledvceaO ~ro~/~'4~ 13 tnqr~6e~ fie
Pelican Bay MSTBU Advisory Committee
Work Phone Appt'd E,xTz Date Term
~ Name Home Phone DateRe-appt 2ndE.vpDate 2nd Term
George H. W'emer 02/02/93 01/29/97 4 Years
712 Heatherr Lane 566-3361 1/14/97 01,/29/01 4 Years
Naples, FL %34108
District: 2
Category: ResidenffCAPB
Bemon W. Young 01/29/91 01/29/95 4 Years
6760 Pelican Bay Blvd., #334 598-1785 1/24/95 01/29/99 4 Years
Naples, FL 34108
District: 2
Category: ResidentZPBPOA
John W. Hoyt 597-8687 01/29/91 01/29/93 2 Years
5811 Pelican Bav Blvd., #615 597-9666 1/14/97 01/29/01 4 Years
Naples, FL 34108
District: 2
Category: ResidenffDeveloper
James A. Carroll 02/10/98 01/29/02 4 Years
8430 Abbin~on Circle, C-31 597-9767
'--- Naples, FL 34108
District: 2
Category: ResidenffEngineer
Alan B. Varley 02/02/93 0t/29/97 4 Years
8111 Bay Colony Drive #904 591-3119 1/14/97 01/29/01 4 Years
Naples, irL 34168
District: 2
Category: Resident
Glen D. Harrell 598-1605 02/08/94 01/29/98 4 Years
9589 Crescent Lake Dr. #202 2/10/98 01/29/02 4 Years
Naples, FL 34109
District: 3
Category: Commercial/Developer
Thomas C. Brown 01/24/95 01/29/99 4 Years
8415 Excalibur Circle B-1 594-1949
Naples, FL 34108
District: 2
Category: Resident
Pelican Bay MSTBU Advisory Committee
Work Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2rid Term
David A. Roellig 02/10/98 01/29/02 4 Years
6000 Pelican Bay Blvd.. #204 594-2210
Naples, FL 34108
District: 2
Categon.': Resident/Engineer
This 15 member committee was created by Ord. No. 90-111 and amended by Ord. No. 91-22
and 93-15 to aid and assist the County manager and the Board of County Commissioners in
determinig the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid.
assist, and provide input to the County Manager and the Board in effecting a smooth and
expeditious transfer of street lighting, water management and beautification services,
responsibilities and obligations from the Pelican Bay Improvement District. Terms are 4 years.
FL STAT: 125.01
Staff.' Jim Ward, Pe!ican Bay Services Division: 597-1749
1999
MEMORANDUM
DATE: January 11, 1999
FROM: 1 ssistan
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 County.
Also, please list the commission district in which each applicant resides.
PELICAN BAY MSTBU ADV COMM COMMISSION DISTRICT
Donald Spanier
770 Bentwater Circle, Unit
Naples. Fk 34108
Anthony P. Pires
209 Nladison Drive
Naples. FL 34110
Lou Vlasho
The Grosvenor, #1006
6001 Pelican Bay Boulevard
Naples, FL 34108
Larry J. Salzman
804 Pine Village Lane
Naples, FL 34108
Thomas C. Brown
8415 Excalibur Circle, B-1 ~ ~:~
Naples, FL 34108
Joseph A. Bawduniak
803 Knollwood Court C~
Naples, FL 34108 tq .
Thank you for your help. F[ 13 ~ 9 1999
MEMORANDUM
DATE: January 11, 1999
TO: James Ward, Pelican Bay Services Division
FROM: Sue Filson, Administrative Assista7 '
Board of County Commissioners
RE: Pelican Bay MSTBU 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:
Donald Spanier
770 Bentwater Circle, Unit 104
Naples, FL 34108
Anthony P. Pires
209 Madison Drive
Naples, FL 34110
Lou Vlasho
The Grosvenor, # 1006
6001 Pelican Bay Boulevard
Naples, FL 34108
LaD' J. Salzman
804 Pine Village Lane
Naples, FL 34108
Thomas C. Brown
8415 Excalibur Circle, B-1
Naples, FL 34108
Joseph A. Bawduniak
803 Knollwood Court
Naples, FL 34108
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration. Please eategorize the applicants in areas of expertise. If you have any questions,
please call me at 774-8097.
Thank you for your attention to this matter. N _ _ .
SF FEB 0 9 1999
Attachments
?..
01/08/1999 ~0.36 212 888 7474 Don Span~er PAGE 1/'2
RECEIVED
Donald Spanier JAN 0 8 1999
?70 Bentwater Circle, unit 104
Board of County Cc~r~issiene','s
Naples, Florida 34108
Telefax: 514-3217
Telephone: 514-7917
JanuaD' 7th, 1999
Collier Count}' Board of Commissioners
c/o Ms Sue Filson
Telefax: 774-3602
Dear Commissioners:
Please consider this communication to be my application for appointment to the
MSTBU Advisom~' Committee. I own condominium unit 104 at 770 Bentwater Circle in the
Break"water community in Pelican Bay. I am also the President of the Breakwater 2
Condominium Association and of the Breaksrarer Commons Association.
.Xly professional education is in enojneering and administration; I hold B.S. and M.S.
degrees in these fields from the .'~Iassachusetts Institute of Technolo~'. During my
professional life I have served as chief executive officer of the Haman Kardon
Corporation; Division President of the Polaroid Corporation; Chairman and C.E.O. of
Sp,~mier and Associates, Management Consultants to Business and Government.
The focus of the Sp,'mier and Associates practice was assisting clients in planning and
hnplementing measures to meet their grovdh, expansion and development needs.
Imn no~' retired and a year round resident of Pelican Bay and would like to put my
skills and experience to work for the Community. Th',mk you for your consideration.
Ve~ truly yours,
Donald Spanier
FEB 0 9 1999
FROM :WOOBW~RD, PIRES & LOMB~R TO : ?743G~2 1999,~1-08 09:15 ~S~8 P.01/~4
RECEIVED
WOODWARD, PIRES & LO~fBARDO, P.-~.~ 2 8 1999
A~OR.'~gYS AT LAw
~Eoear.da~f; County Cc~nissioners
)Lark ,1. Woodward espo ;
Craig R. ~'oodward p,11va. Bay Oillee;
Anthony P. Pires, lr.
J. Cbxlstopher Lomb~rdo 801. Laurel Oak Drive~ Suite
$te~'e V. Bloum l~'sples, FL 34108
Came Poulo~-Lademan (941) 5~6-)L31
John A. Game
Telecopler
Bun L. Smmttcs*s (941) 5(~-31dI
d Counsel
TELECOFIER COVER PAGE
DATE: January 8, 1999 TIME: 9:30
PLEASE DELIVER THE FOLLOWLNG PAGES TO:
NAME: Sue Fiison
FIRM/COMPANY: Board of County Commissioners
PHONE # FAX NL'MBER: 774-3602
FROM: Anthony P. Ph'cs, Jr.
MESSAGE: Re: Pelican Bay MSTBU Advisory Committee
CLIENT/MATTER NU~IBER:
TOTAL .NUMBER OF PAGES L'N'CLUDING THIS PAGE: I] ~4
TR,ANSMITTING FROM KON CAfF.zLY 820L AL'TO~M. ATIC MACItD;E (94I) ~66-316I
FROBLEYLS; PLEASE CALL (941) 5663L31
THE INFORMATION CON~fAINED IN TH'[S FACSIMrr,F. MESSAGE [] ATTORNEY
PRIVILEGED AND CONFIDL'NTIAL LN'FOICMATION LNTENDED ON'LY FOR THE USE OF TttE
INDIVIDUAl, OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE
LNTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY UNAUTHOtHZF-D
DISSE.MTNATION, DISTRIBUTION OR COPY OF THIS CO,MMUNICATION IS ,~RICTLY
PROHIBITED, IY YOU HAVE RECEI'qED Tn'I.~ CO,MMUNICATION IN ERROR, PLEASE
EVI~fFF~IATELY NOTi3FY US BY TELEPHONE. THANK YOU.
FEB 8 9 1999
FROM :WOODWPRD, PIRES & LOMB~R TO : ?748G02 1998,01-08 88:14 ~808 P.02/04
._.. .MARK J. WOODWARD
ANTHONY P. PIRE$, JR,
ATTOPaNt;YS-AT-LA%¥ J. CHRISTOPHER LOMBARDO
STEVEN V. BLOUNT
JOI{N A. GARNER
CARRLE POULOS-LADEMAN
PAUL L. KUTCHER
BURT L. SAUNDERS
OF COLr~SE~L
January 8, 1999
Ms. Sue Filson
Administrative Assistant
Board of County Commissioners
3301 Tsrrliami Trail East
Adm~nlstratlon Builtling
Naples, Florid~ 34112
Re: Pelican Bay MSTBU Advisory Committee
Dear Ms. Filson:
"" Thank you for your letter of December 18, 1998. I have enjoyed working with the
Pelican Bay MSTBU Advisory Committee and would appreciate being considered for
another term. To that end and pursuant to your letter, I have enclosed for your records an
updated resume.
If you have any questions or need any additional information, please do not hesitate
to contact me.
Sincerely,
WS & LOMBARDO, P.A.
Enclosure as noted.
F E B O 9 1999
]PL]B;AST., R.ESPONI) TO: !N'~E,S
Pk'~-ICAN B.a..y 801 .,I..,AI~I.., OAj~ DP,..., ~ 710. NAI~LI~-S. M. ORIDA 34108 (941) 566-3131 FA'~ (941) 5~-3161
606 BALD EAGLE DR., SUITE 500, P.O. BOX 1, MARCO ISLAND, FLORIDA 34146 (941) 394-5161 FAX (941) 642-6402
FROM :WOODWARD, PIRES ~ LOMB~R TO : ?945602 1999,01-08 ~9:14 ~808 P.03/04
ANTHONY P. Pm.ES, JR.
Woodward, Fires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, FL 34108
(941) 566-3131 Phone
(941) 566-3161 Fax
ED UCA TION:
Dates
Institution Artended Program Degree
High School Aqninsg Institute 1964-68 C611ege Diploma
Rochester, N.Y. Prep 1968
College SUNY at Buffalo, I968-72 History B.A.
New York 1972
Graduate Florida State University 1972-75 Law J.D.
College of Law 1975
Tal/ahassee, Florida
EMPLOYMENT:
PRESENT: Shareholder, Woodward, Pires & Lombardo, P.A., 801 Laurel Oak Drive,
Suite 710, Naples, Florida, (Pelican Bay) with the firm from November,
1986 to presenT, practicing primarily in the field of land use, land
development, governmental practice and general real estate with some
litigation practice. Florida Bar Certified in City, County and Local
Government Law.
PRIOR: Contracts Administrator, Westinghouse Communities of Naples, Inc.,
Naples, florida, September, 1983 to November, 1986.
Assistant County Attorney, Collier County Board of County
Commissioners, Naples, florida, April, 1979 to June, 1981.
Assistant State Attorney, Office of the State Artomcy, Twentieth Judicial
Circuit, Naples, Florida, September, 1975 to April, 1979 and June, 1981
to August, 1983.
FEB 0 9 1999
FROM :WOODWARD, PIRES ~ LOMS~R TO : ??43602 1999,01-08 09:14 ~808 P.04/04
PROFESSIONAL ORGANIZATIONS:
The Florida Bar; 1975 to present
Collier County Bar Association
American Bar Association; 1975-1981
American Association of Trial Lawyers; 1977-1979
COURTS 1:%7 WHICH .4&.YHORIZED TO PRACTICE LA W:
All courts of the State of Florida; since October, 1975. Middle District, State of
Florida, Federal Court; since July, 1977.
C03/I3/IUNJTY ACTIVITIES:
Member, Board of Directors, Collier County Bar Association (1997 to present).
Member, Pelican Bay Services Division MSTU/BU Advisory Board (I993 to
present).
Past Member, Collier County Planning Commission Citizens Advisors·
---- Committee/Collier Count-:' Growth Management Plan, 7-Year Evaluation and
Appraisal Report (I995-1996).
Member Naples North Rotary Club, 1985 to present (President 1992-1993).
Past Member, Collier County Environmental Policy Technical Advisory Board
(1991 to 1993).
Past Member, County Plannlng Commission Citizens Advisory Committee on
Collier County Growth Management Plan (1987-1988).
Past Member, Naples Area Chamber of Commerce Transportation Committee.
Past Member, Environmental Review Task Force, Naples Area Chamber of
Commerce, 1990-1991.
.
FEB 0 9 1999
RECEIVED
JA?~ '.; 7 '7.29
],ou vl_~l]o ~lrd of C0unu C~-~i ss ~oners
~ G~O~OE ~1~
~ 1 PE~C~ ~Y BO~~
N~, ~A ~
941-~91-3248
941-591-38~2 ~
~I lo~h~oLcom
Collier ~un~ ~ard of Com~aionen
~endon Sue Fil~n F~ ~ 77~3~2
Please enter my name as a candidate for the Pelican Bay Advisory Board.
I am a full time resident of Pelican Bay and have been for ten ¥ean.
1 am a registered voter.
This short fax is to put my tname into consideration. Please advise what background
FEB O 9 1999
01/07/99 16:01 F.LX 941 591 3248 L0U VLASH0 ~ 02
LOU VLASHO
TH~ GROSVENOR #~006
6001 PELICAN BAY BOULEVARD
NAPLES, FLORIDA 34108
941-591-3248
941-59 |-3872 FAX
e-mail louvlashol~aoLcom
Mr Vlasho is a skilled executive ~;~th 40 years of experience in positions with Fortune
500 corporations, and privately owned companies. In addition he is an entrepreneur with
practical small business experience. He has extensive band.~on experience in developing,
installing and managing effective corporate policies, procedures and systems.
For the last nine years Mr Vlasho has been an Independent Commitant, working with
management grou~ developing and installing effective management control procedures.
During the hst several years he has worked extensively in Eastern Europe, primarily
Macedonia, betping in the move from Socialism to Free Enterprise.
Mr Vlasho is a Certified Management Acceptant (CMA). In 1982 he was elected
._--~ President of Institute of Mana~ment Accountants (IMA), the world's leading management
accounting organization.
EXPERIENCE SUMMAKY
Institute of Management Accountants
International Chaia'man - 1983-84
International President - 1982-83
Chairm~n Task Force on Quality in Financial Management - 1992-94
Chairman Long Range Strategy Implementation Committee - 1989-90
Sewed on numerous committees, most as Chinnan,
Independent Consultant - The Vlasho Group Inc 1990-present
Spedali~ed on Business Management and Finandal Systems. During the last
several years has been working in Macedonia to aid the countn/in its transition from
socialism to Free Enterprise- In 1997 assisted a small manufacturer of electric motors
and household appliances in the implementation of a world class Cost Accounting system,
Budgets, and Profit Center reporting (which included organi2ation restructuring).
In 1998 was part ofT he Macedonjan Accounting Development Project which included
modernization of the legal and reguhtory framework, University curricuh and continuing
education programs, and the practice of accounting and auditing in re-sporkse to the change
from a centrally planned economy to a market oriented economy. Worked with the
Ministry of Finance, the Accounting StanA~rcLs Commission, Economics Faculty of the two
universities, Accounting Association, and individual practitioners. -
FEB 09 3999
01/07/99 16:01 FAX 941 591 3248 LOU VLASHO ~ 03
Prior to his work overseas assignments, he worked with several U.S. companies,
three of which were most noteworthy. The first as president of a company in the whole
House Automation Systems Industry- At the second he served as an executive vice-
president of a company in the Home and Business Security System Industry. The third
was in Water Treatment and Conditioning and Mr'. Vlasho was president.
Gold Bond Ice Cream Inc 1984-1989
Senior Vice-President and Chief Financial Officer - 1986-1989
Vice-President, Finance-1984-1986
Hobart Corporation 1959-1984
Vice-President and Controller - 1980~1984
Vice-President, Management Systems and Services - 1978-1980
Assistant Controller - 1977-1978
Director, Management Information Systems - 1974-1977
Assistant Controller - 1973-1974
Director Manufacturing Accounting - 1971-1973
EDUCATION
Ohio University: Bachelor of Science in Commerce, Major Accounting
Numerous business-rehted courses and seminars
LANGUAGES
English and Macedonian. Can understand most Slavic languages.
AFFILATIONS
Awarded CMA, Certified Management Accountant Certificate in 1975
Ohio University - Member of College of Business Executive Advisory Board - Founding Member of The University Libraries National
Professional Activities
Editor, A Guide for Management Accounting (Cost Accountants
Handbook), 1983, published by John Wiley and Sons
Contributor to Professional Journals
Presenter at Professional Meetings, Seminars, and Conferences
on Management, Accounting, and Information Systems
President Pelican Bay Association Presidents' Council ~- ..
F E B 0 9 1999
ju1-14-98 01:52P The Club Pe3ican Bay 941 597 7091 P.01
July 14, 1998
ATTN: Mrs. Sue Filson
Administrative Assistant
BOARD OF COUNTRY COMMISSIONERS
FAX: (941) 774-3602
hereby apply for the vacancy on the Pelican Bay MSTBU Advisory Comminee.
have been a resident of Pelican Bay since January 1, 1987.
Born: June 9, 1929 in Detroit, Michigan
Education: B.S. Industrial Engineering - Kettering University
M.B.A. - Michigan State University
Armed Service: Army - Korean War
Work Experience: 34years General Motors
23 years Pontiac Motor Division in various engineering and
technical positions up to Director of Quality Control.
Eleven years Delco Remy Division as Director Reliability and
Quality Control.
Headed department of approximately 2000 employees with
budget of over 50 million dollars.
Pelican Bay Experience: Four years as President of the Village at Pelican Bay.
Short time on PBID Board prior to county taking control.
Currently Board Member, The Club Pelican Bay.
Four years as Green and Course Cornminee Chairman,
The Club Pelican Bay.
thank you for your consideration.
Larry J. Salzman
N~les, FI, 34~08 N
PH. (941) 598-4209 FEB O 9 1999
Pg'-/_,~;:P _
THE CLUB PELICAN BAY
707 GULF PARK DRIVE * NAPLES, FLORIDA 3~1108 · (941} 597-1183 · FAX 1941 597-7091
RECEIVED
Thomas C. Brown
8415 Excalibur Circle B-1 ~car~;~=Cc.u=~,:...lci~i,~n~ .....
Naples, Florida 34108
(941) 594-1949
Jan 4, 1999
Mrs. Sue Filson
Administrative Assistant
Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Dear Mrs Filson:
I have served on the Pelican Bay MSTBU Advisory Committee
for the past four years. during that time I have enjoyed the
honor of serving and would like to be reappointed by the
Commissioners if they chose to'do so.
There are a few areas I am working in and would like to
continue to do so until they are completed, or at least
partially completed.
Enclosed is a brief, brief resume.
Thank you for your consideration.
Sincerely,
Thomas C. Brown
FEB 0 9 1999
PcJ./(:~"
Thomas C. Brown
B S in Civil Engineering, Univ of Texas
3 years US Army, entered private, completed Infantry OCS,
honorable discharge 1st Lt.
3+ years, Pittsburgh Des Moines Steel Co. Designed water
towers, built bridges, wind tunnels etc
20+ years NCR Corp, sold computers and business systems, at
one time managed the data processing facilities for
Montgomery County Ohio (Dayton), don't laugh, we put dog tags
on-line (this was 25 years ago) and every pet owner in the
county was happy with the County Commissioners because they
got credit for putting the lost Fido with Fido's owner.
8+ years Liebert Corp and Worthington Leasing Corp. market
research, business development, and managing director of
leasing co.
18+ years, part owner and director of the Siebenthaler
Company, a landscape, garden center and nursery company which
handled most aspects of this market including Blvd median
landscaping, large parks, golf courses as well as commercial
and residential buildiings.
Became a full time resident of Pelican Bay in Dec 1992.
In Naples I have been active in Avalon Condo Assn, Pelican
Bay Singles, Philharmonic.
Also on the Pelican Bay MSTBU advisory board (which I have
truly enjoyed).
FEB 0 9 1999
J. & C. BAx, VDUNIAK RECEIVED
803 Knollxvood Court
Naples. FL 3410S
'411 598-1976 DEC 2
Fax {941 ~ 598-1976
~1~ 27, 1998
Mrs. Sue Filson
Aclministrative Assistant
Board of Cotmty Commissioners
3301 Tamlaml Trail E.
Naples, FL 34112
Please arrange to haw me considerod for the Pelican Bay MSTBU Advisory Committee. I am a
full-fi~ ~sident of Peli~ Bay and have an in~st in thin fimai~
Since retiring about I 1 years ago at age 50, I have been involved in public service continuously.
Please see the summary. of my education and activities which is attarlat. My intama in the
MSTBU is based on a desire to be a participant and contrilxtor to my local government.
My term as Chairman of tl~ Naples ~ Authority expired some months ago and membership
in th~ l!kard of ~~ of t~ Moorings Prolxaly ~ .~s~tion ~ finished in ~
1998. hf~, t~ ti~ a~ilable ~w, ~hsial experi~, and local civic/~litical
exlxnqm ald ~lp ~ ~ a conm'~t~ w~ ~sen~ lm ~ ~11.
I ~ have any ~tis, pla call at~ January 8, 1999 ~ I ~m m Naph.
Smly,
JAB/cl/b
Atmchn~
Joseph A. Bawduniak
803 Knollwood Court
Naples, FL 34108
Eduea~
B.S. l:'hysics - Vill~,~va University
MBA - Drexel University
Courses/Semitmrs
Health Economics, Bt~m~l University (EnSland)
Scientific Partnering, Harvard School of public Health
Goverllnle~t in the S~m~hine .SeBlin~f, Naples, FL
Various Financial Seminars
Director Research Project Planning and Management (Biologic,s, Merck & Co., Inc.)
Consultant, Business Development and Scientific Collaborations. Nine consecutive annual contracts with
Pasteur Merieux Cormaught
Cc-'--~te Officer for successful Biotech Corporation, responsible for Company Operations (Praxis Biologic. s)
Board Member Association of Bio~ehnology Companies, Washington, DC
Hold three technical patents in Phamaaceulical Industry
Board of Governors, Moorings Property Owners Association (Beach Chairman of MPOA Park)
Naples Classic Car Club Board Member, 2 Years (Co-Chairman eax show for ehildren's charity - raised
$10,000.)
Naples Pilots' Association, President 2 Terms
Usher SL William.~ ChJ,weh, 2 Yesis '
F E B 0 ~ i~
c~mmi,sioner, vice-c~/nmn, chainran, r,raples Aimort .~uthority
~ _. District, FAA Volunteer Safety Counselor (Cun~) - R..~eently selected as Counselor of the Year for
South Florida
Tour Coc{dltmtor, Naples Airport (3 Years)
APPOINTMENT OF~ MEMBBR(S)TO CONTRACTORS LICENSING BOARD
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on June
30, 2000, representing the category of consumer representative on the Contractors Licensing
Board.
CONSIDERATIONS: This 9 member board determines the qualifications of applicants for
the various categories of the Contractors' Certificates of Competency. They also hold hearings to
determine if the holder of a certificate of competency of any contractor, master or journeyman
should be disciplined. A minimum 3 members shall be in the category of "Consumer". The
consumer representatives may be any resident of the local jurisdiction that is not, and has never
been, a member or practitioner of a profession regulated by the board or a member of any closely
related profession. Members are required to file a Form 1 Statement of Financial Interests each
year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is
included in the backup.
Effective October 1, 1998, the Florida Legislature enacted into law Chapter 98-419, Laws of
Florida, which requires that Collier County' s Contractors' Licensing Board must eventually have
three members who qualify as "consumer representatives." Each "consumer representative"
must not be, and must never have been, a member or practitioner of any profession that is
regulated by the CLB or any closely related profession.
A press release was issued and resumes were received from the following interested citizen:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Carol Pahl consumer 3 yes none
COMMITTEE RECOMMENDATION: Quasi. Judicial - no recommendation
Please note: we received only 1 application for these vacant positions; I have re-advertised for 2
additional members.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: Thv.t the Board of County Commissioners consider the
recommendation for appointment and appoint 1 member to fulfill the remainder of the vacant
term, expiring on June 30, 2000, and direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Administrative Assistant
,----, Board of County Commissioners
Agenda Date: February 9, 1999
F E B O 9 1999
RECEIVED
JAN 12 !999
MEMORANDUM
DATE: January 11, 1999
TO: Sue Filson, Administrative Assistant
Board of County Commissioners
FROM: Ed Perleo ~
Building Review and Permitting Department
RE: Contractors Licensing Board
Attached is a copy of Carol Pahl's resume for the above referenced advisory. committee.
Ms. Pahl is qualified to serve on the Contractors Licensing Board Committee in the category of consumer
representative.
If you have any questions please do not hesitate to contact me at 403-2401.
f./EP/bk
FEB 0 9 1999
Contractors Licensing Board
Name Work Phone Appt'd E. x7~. Date Term
.Home Phone DateRe-appt 2ndExpDate 2rid Term
Les Dickson 643-1616 06/11/96 0630/'99 3 Years
202 Monterey Drive
Naples, FL ..i4119
District: 3
Categon.': Roofing Contractor
NapIes.qrL 34112
Di~ria: 'I
Categor)': E~ctrical Contractor
Humben Gressani 01/04/94 06/30/96 3 Years
3225 Duchess Drive 775-5881 6/11/96 06/'30,"99 3 Years
Naples, FL 34112
District: 1
Categoz3': General Contractor
Richard E. Joslin. Jr. 455-5000 06/I 1/96 06/30/97 1 Year
595 13th Street. N.W. 7/22/97 06/30/00 4 Years
Naples, FL 34117
District: 5
Categor].': Licensed Commercial Pool/Spa Contr
Robert P. Nleister 04/I 8/95 06/30/97 2 Years
22 4th Avenue South 262-8565 7/22/97 06/30..;00 4 'fears
Naples. FL 34102
District: 4
Category: General Contractor
Daniel Gonzalez 434-8696 11/07/95 06/30/98 3 Years
745 12th Avenue. S.. Suite AA 6/16/98 06/30/01 3 Years
Naples, FL 34102
District: 4
Categon.': Residential Contractor
Arthur F. Schoenfuss 597-7544 06/13/95 06/30/98 3 Years
511O .5~,.~hdl A~'c-r~re'&'-TCGfTr'x(~r,./6~49-6345 6/16/98 06/30/01 3 Years
Naples, FL ~ 3c/jc~
District: 4
Category: Engineer
Wetbtesday, June 17, 1998 Page 1 of 2
FEB 0 9 1999
M E M O R A N D U M
DATE: December 21, 1998
TO: Vinell Hills, Elections Office
FROM: Sue Filson, Administrative A~sist
Bo~d of Gouty Co~issioners
E: Voter Registration - Adviso~ Bo~d Appointments
The Bo~d of CounW Co~issioners will soon consider the following individuals for
appointment to one of the county's adviso~ committees. Please let me ~ow if those listed
below ~e registered voters in Collier County.
Also, piece list the co~ission district in which each applicant resides.
CONTaCTORS LICENS~G BOA~ COMMISSION DIST~CT
C~ol P~I
2501 Sailors Way
Na01es, FL 34109
Thank you for your help.
FEB 09 i999
MEMORANDUM
DATE: December 21, 1998
TO: Ed Perico, Building Review & Permitting Dir tor
i
E: Contractors Licensing Bo~d
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:
Carol Pahl
2501 Sailors Way
Na01es, FL 34109
Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to
serve as members on the board, and I will prepare an executive summary, for the Board's
consideration. Please 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
AoG. EN A E.~
CAROL HOLLE PAHL
2501 Sailors Way
Naples, FL 34109
(941) 597-3759
December 10, 1998
Board of County Commissioners
3301 U.S. 41 East
Naples, FL 34112
Attn: Sue Filson, Administrative Assistant
Dear Ms. Filson:
Kindly accept my request to be appointed to the advertised vacant position of consumer
representative to the Contractors LiCensing Board.
I am a permanent resident and registered voter of Collier County.
Enclosed is a copy of my resume for your use.
Kindly advise me should you need any other information.
Thank you.
Very truly yours,
Carol Pahl
Enc
FEB O 9 1999
CAROL HOLLE PAHL
2501 Sailors Way
Naples, FL 34109
(941) 597-3759
Experience:
1980 to Present AA.A EMPLOYMENT
Naples, Florida
Position - Sole Proprietor
In this capacity. I handled all daily operation, Employer &
Employee relations, sales, advertising and networking xvithin the
Naples business community. Also accounts payable, accounts
receivable, payroll and collections.
The Naples office for the last 15 years has consistently been one of
the top 3 income producing offices of AAA Employment
nationwide.
I have sold the business and that is my reason for leaving.
Education: . Graduate Penn Hall Jr. College - continued courses at
Seton Hall University
American University
Professional Naples Area Chamber of Commerce
Affiliations: The Conservancy
Friends of the Library
Therapy Dogs International
Junior Achievement of Southwest Florida
North Naples Fire Department C.E.R.T. Team
Collier County Sheriff's Citizens' Academy
Personal: Fitness Training
Travel
Avid reader
FEB 0 9 1999
Pg
APPOINTMENT OF MEMBER(S)TO IMMOKALEE BEAUTIFICATION MSTU
OBJECTIVE: To appoint 1 member to serve a 4 year term expiring on September 23, 2002, on
the Immokalee Beautification MSTU Advisory Committee.
CONSIDERATIONS: The Immokalee Beauti~cation MSTU Advisory Committee had 1 term
expire on September 23, 1998. This 5 member committee advises the Board of County
Commissioners on the budget and related matters pertaining to the beautification taxing district.
Members must be residents of the Immokalee Beautification Taxing District. Terms are 4 years.
A list of the current membership is included in the backup.
A press release was issued and one resume was from the following interested citizen:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Denise A. Smith re-appt n/a 5 yes IBMSTUAC
COMMITTEE RECOMMENDATION: No recommendation due to lack of quorum.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the request for
appointment, appoint 1 member and, direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: FEBRUARY 9, 1999
'A~ENDA ITEM
F E B 0 9 1999
Immokalee Beautification MSTU Advisory Committee
tl,~rk Ph~.,,,:e Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2rid Terttt
Rita Avalos 657-36al 09/23/86 09/23/88 2 Years
1507 Eighth Avenue 11/5/96 09/23/00 4 Years
Immokalee, FL 34142
District: 5
Category:
Cherryle Thomas 10/04/88 09/23/92 4 Years
516A Farmworker Village 11/5/96 09/23/00 4 Years
Immokalee, FL 34142
District: 5
Category:
Dorcas F. Howard 657-5115 03/28/89 09/23/92 4 Years
P.O. Box 154 657-3492 11/5/96 09/23/00 4 Years
Immokalee, FL 34143
District: 5
CategotT:
Michael S. Garrert, Jr. 658-3572 11/05/96 09/23/99 3 Years
1103 Moru'oe Avenue
Immokalee. FL 34142
District: 5
Category:
Denise A. Smith 657-3171 12/15/92 09/23/94 2 Years
1201 New Market Road 12/6/94 09/23/98 4 Years
Immokalee. FL
District: 5
Category:
RECEIVED
MEMORANDUM
jAN 2 0 19,9c9
DATE: January 19, 1999
TO: Sue Filson, Administrative Assistant
Board of County Commissioners
FROM: Russel/Mullet, Engineer II ~
Transportation Services Department
SUBJECT: Reappointment of Advisory Committee Members
The following Advisory Committees have been unable to make recommendations on their vacancies
due to lack of a quorum:
Golden Gate Beauti~cation Advison.' Committee (2 vacancies):
Mr. Bonner Bacon (Re-appointment)
Sabina Musci (Re-appointment)
/f'mmokalee Beauti~cation Advison' Committee (2 vacancies):
Denise Smith (Re-appointment)
One vacancy - please advertise
I have also been notified by Lee Hyland, member of the Radio Road Beautification Advisory
Committee, that she will be resig-ning because she will soon be moving to a location outside her
MSTU boundary. Her resignation has already been accepted by the Committee. Her term was for
three years, ending in 2001. I have advised her to send a written resignation to you. Please advertise
this vacancy when her resignation letter is recieved in your office.
RM/sc,/Memo SF re reappoint.doc
cc: Ed~vard J. Kant, P.E., Transportation Services Director
File: Golden Gate MSTU
File: Immokalee MSTU
File: Radio Road MSTU
AGENDA ITEM
FEB 0 9
MEMORANDUM
DATE: August 31, 1998
TO: " ' , '
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 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.
IMMOKALEE MSTU .BEAU_ COMM / COMMISSION DISTRICT
Denise A. Smith ~ ~ ~
Immokalee, FL 34142
Thank you for your help.
F E B 0 9 1999
MEMORANDUM
DATE: August 31, 1998
TO: Russ Muller, Engineer II ~ ~
i
RE: Immokalee 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 serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Denise A. Smith
607 Nassau Street, Apt. # 1
Immokalee, FL 34142
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I w~ll 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
AGENDAI EM
FEB 0 9 1999
Pg -~ _
9416578~B2 FL COMMUNITY BANK 329 PO1 AUG 28 '98 17:50
August 28, 1998
TO: Sue Filson
FROM: Denise Smith
RE: Reappo{ntment to the Immokalee M.S.T.U. Beautification Committee.
My apologies for waiting to the last minute to send this letter of intent to
express my desire to remain on the Board of the Immokalee M.S.T.U.
Beauti~cation Committee.
Should you need anything further from me, please let me know at 657-3171.
Also, my address has changed to:
Residence: Denise A. Smith
607 Nassau Street, Apt. #1
Immokalee, FL 34142
657-4242
Mail: c/o Florida Community Bank
1400 N. 15:h Street
Immokalee, FL 34142-2202
657-3171
DA~,
OBJECTIVE: To appoint 2 members to serve 4 year terms expiring on October 6, 2002, on the
Golden Gate Beauti~cation Advisory Committee.
CONSIDERATIONS: The Golden Gate Community Center Advisory Committee had 2 terms
expire on October 6, 1998. This 5 member committee assists the Board of County
Commissioners by reviewing and making recommendations regarding the budget and operation
of the community center. Applicants must reside within the Golden Gate Community Center
MSTU 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 2 interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Sabina Musci re-appt. n/a 3 yes GGCCAC
LAB
Bonner G. Bacon re-appt n/a 3 yes GGCCAC
COMMITTEE RECOMMENDATION: No recommendation due to lack of quorum.
FISCAL INIPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the requests for
appointment, appoint 2 members to serve 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: February 9, 1999
'~GEN~,'T: M
F E B 0 9 1999
pg ,_.__..Z~ _
L ,
,RECEIVED
MEMORANDUM
JAN 2 0 I999
Board of CounT',-'
DATE: January 19, 1999
TO: Sue Filson, Administrative Assistant
Board of County Commissioners
FROM: Russell Muller, Engineer II ~
Transportation Services Department
SUBJECT: Reappointment of Advisory Committee Members
The following Advisory Committees have been unable to make recommendations on their vacancies
due to lack of a quorum:
Golden Gate Beautification Advisory Committee (2 vacancies):
Mr. Bennor Bacon (Re-appointment)
Sabina Musci (Re-appointment)
Immokalee Beautification Advisory Committee (2 vacancies):
Denise Smith (Re-appointment)
One vacancy - please advertise
I have also been notified by Lee Hyland, member of the Radio Road Beauti~cation Advisory
Committee, that she will be resigning because she will soon be moving to a location outside her
MSTU boundary. Her resignation has already been accepted by the Committee. Her term was for
three years, ending in 2001. I have advised her to send a written resignation to you. Please advertise
this vacancy when her resignation letter is recieved in your office.
RM/sc/Memo SF re reappoint.doe
cc: Edward J. Kant, P.E., Transportation Services Director
File: Golden Gate MSTU
File: Immokalee MSTU
File: Radio Road MSTU
FEB 03 1999
Golden Gate Beautification Advisory Committee
t4/ork Phone Appt 'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Ternt
CheD'le L. Newman 11/07/95 10/06/97 2 Years
5101 31st Avenue, S.W. 353-7969 12/16/97 10/06/01 4 Years
Naples, FL 34116
District: 3
Category: Precinct 626
Mark W. Houghton 434-5090 07/22/97 10/06/97 2 Mos
1748 461h Street, S.W. 353-4021 7/22/97 10/06/01 4 Years
Naples. FL 34116
District: 3
Category: Precinct 624
Sabina Musci 10/04/94 10/06/98 4 Years
4470 32rid Avenue, S.W.
Naples. FL 34116
District: 3
Category: Precinct 627
Bormer G. Bacon 11/07/95 10/06/98 3 Years
2570 47th Terrace. S.\V. 455-4373
Naples. FL 34116
District: 3
Caregot3': Precinct 623/626
Charles McMahon 999-3498 05/27/97 10/06/99 I Year
4433 20th Avenue, S.\V. 353-2055
Naples. FL 34116
District: 3
Category: Precinct 625
Golden Gate Beautification Advisory Committee
l~rA' Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the
beautification and maintenance of landscape improvements within the road right of way as
described by ordinance boundaries. The committee shall prepare an itemized budget of the
amount of money required to carry out the business of the committee for the next fiscal year.
Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts are 623,624, 625, 626.
627, and part of 622
FL ST.4T: 125.01
Staff.' Steve Fabiano, Engineer I: 774-8494
ltitdnesday, December 17, 1997 Page 2 of 2
F E B 0 9 1999
MEMORANDUM
DATE: October 26, 1998
TO: Vinell Hills, Elections Office ant~,
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 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.
G.G. BEAUTIFICATION ADVISORY COMM COMMISSION DISTRICT
Bonner G. Bacon ~
2570 47th Terrace, S.W.
Naples, FL 34116
Thank you for ,,,'our help.
MEMORANDUM
DATE: August 31, 1998
FROM: ssist
Board of County Commissioners
RE: Voter Registration - AdvisoD' 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 Count>'.
Also, please list the commission district in which each applicant resides.
GG BEAUTIFICATION ADV COMM COMMISSION DISTRICT
Sabina Musci 3
4470 32nd Avenue, S.W. L~
Naples, FL 34116
Thank you for your help.
AG~N z'T M '
FEB 09 1999
MEMORANDUM
DATE: October 26, 1998
TO: Russ Muller, Engineer II
FROM: Sue Filson, Administrative Assistan~/.
Board of County Conunissioners
RE: Golden Gate Beauti~cation Advisor>' 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:
Bonner G. Bacon
2570 471h Terrace, S.W.
Naples, FL 34116
Please let me know, in wTiting, 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 your anention to this matter.
SF
Attachments
FEB 0 9 1999
10,,'i5/1998 13:21 77436~2 BCC PAGE
October 15, 1998
Ms. Sut Filson, AdminisWative Assistant
Board of County Commissioners
3301 East Tm'niami Trail
Naples, FL S4112
Dear Ms. Fibon:
I havc bccn a member of the Ooldcn Gate Beauti~cation Adviso~ Corrmurlc~: ibr 3 years and
have enjoyed serving on this cornmincc. My present ~erm cxpircd on Ocu~ber tL 1098.
Please consider th~ letter my rcqucst to be re-appointed to serve a 4 yea: lent, on this committe~.
---- Thank you in advancc for your consideration to this request.
Very truly , . :
_<.. ~" ,
Bonner O. Bacon _.~_--.'
2570 47th Terrace, S, w.
Naples, FL 34116
fax: 455-413:~
FEB 09 1999
I0 39~/c~ N03~8 ~3h~q0tH qEI~SS~I~ B~' :9~ 8BBT/SI/3T
MEMORANDUM
DATE: August 31, 1998
TO: Russ Muller, Engineer II ant~
i
Golden Gate Beautification Adviso~ Co~iuee
As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
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
F E B O 9 1999
- SABINA A. MUSCI _ ~:. ~, ~
4470 32nd Avenue SW :.~ .. *-2
Naples, FL 34116
~.~...
August 12, 1998
Ms. Sue Filson
Collier County Government Complex
3301 Tamiami Trail East
Naples, FL 34112-4977
RE: Golden Gate Beautification Advisory Committee
Dear Ms. Filson:
Pursuant to your letter of August 7, 1998, I would like to be considered for another term on the
above referenced Advisory Committee. Attached please find my updated r~sum6.
Very truly yours,
/
Sabina Musci
Attachment
FEB 0 9 1999
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 auend all Architectural Review Board (ARB) meetings for Kensington Park and
Wilshire Lakes, prepare all AR.B 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 flies for
Firm matters as well as the various governmental and civic organizations m which my
employer was actively revolved.
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
Engineering 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 Engineering 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, Environn~ental and Drafting; artended 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 Comrnissioners
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; at-tended
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. AGENDA IyJ~l |
NO. 710
F! B 09 1999
._ .//
Education
B.S. Elementary Education, St. John's University, New York
M.S. Early Childhood Education, St. Jolm'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, 19S3-1991
Collier County' Young Republicans, 1985 - 1987
AGENDA ITEM
F E B O 9 1999
Pcj o/.__~._~=,.,,_
AP PO INTMENTO F ~MB ER( s)TJgZ B LACK AFF AIRS AD VI SO R V. BOARD
OBJECTIVE: To appoint one member to fulfill the remainder of a vacant term, expiring on
June 25, 2001, on the Black Affairs Advisory Board.
CONSIDERATIONS: The Black Affairs Advisory Board has 1 vacancy due to the resignation
of Karin E. English. This 9 member committee identifies and evaluates problems unique to the
Black Community, reviews and recommends ways to ensure open communication between the
minorities and Collier County Government and provides periodic reports to the Board of County
Commissioners.
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.
Audre Levy n/a 2 yes none
Jon Eric Walker n/a 3 yes none
COMMITTEE RECOMMENDATION: Order 0frecommendation: Audre Levy
Jon Eric Walker
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint one member to fulfill the remainder of the vacant
term, and direct the County Attorney to prepare a resolution confirming the appointment.
Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners
Agenda Date: February 9, 1999
AGENDA IT~
No.
FEB 0 9 1999
Pg.
M E M O R A N D U M RECEIVED
jAN ? ~ 19~
DATE: January 25, 1999 ]~.r~
TO: Sue Filson, Administrative Assistant
Board of County Commissioners
FROM: Phil Tindall, Assistant to the County Administrator
SUBJECT: New Black Affairs Advisory Board Member Selection
At their January 18, 1999 meeting, the Black Affairs Advisory Board (BAAB) reviewed
the two resumes in your package dated December 21, 1998. By unanimous vote of the
members present, the BAAB decided on the following recommendation for the
remaining vacant position.
First Choice: Audre Levy
Second Choice: Jon Eric Walker
If there are any questions, please call me at 774-8383. Thank you.
pt
AGENDA ITEM
No. /0 ~
FEB 0 9 1999
COLLIER COUNTY, FLORIDA · OFFICE OF THE COUNTY ADMINISTRATOR
Black Affairs Advisory Board
" .... FFor~' Phone Appt'd Exp. Date Term
~tme Home Phone DateRe-appt 2.dE.~pDate 2.d Term
Eric E. Baird 263-5501 10/08/96 06/25/98 2 Years
5784 Deauville Lake Circle, #B 1 04 793-8604 0728/98 06/25/02 4 Years
Naples, FL 34112
District: 1
Category:
Rufus H. Watson 403-0355 12/02/97 06/25/01 4 Years
5501 Rattlesnake Hammock Rd., #208 352-2782
Naples, FL 34113
District: 3
Category:
Fitzgerald A. Frater 591-0133 09/23/97 06/25/01 4 Years
2011 River Reach Drive, Apt. 254 263-9171
Naples, FL 34104
District: 4
Category:
Albert Wahbev 594-9192 11/03/98 06/25,"02 4 Years
555 Bowline I2irive
Naples, FL 34102
District: 4
Category:
Jennifer G. Hines 262-8008 1 I/O3/98 06/25/99 1 Year
3312 Timberwood Circle 263-3200
Naples. FL 34105
District: 2
Category:
Robert C. Bennett 01/10/95 06/25/99 4 Years
7065 Dennis Circle, #103 352-0219
Naples, FL 34104
District: 3
Category:
Henry C. Tribble 06/25/91 06/25/95 4 Years
532 Tallwood Street 642-4759 6/18/95 06/25/99 4 Years
Marco Island, FL 34145
District: 1
Category:
AGEN6" iT'i'M
lt/ednesda)',/royember 04, 1998 Page 1 of 2
FEB 0 9 1999
pcj.,-.--7
Black Affairs Advisory Board
Work Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2rid TeHn
Vivierme Johnson Niehaus 11/05/96 06/25/98 2 Years
1515 Gulfstar Drive South 793-3399 7/28/98 06/25/02 4 Years
Naples, FL 34112
District: 4
Category:
Kaxin E. English
. 843-9806 09/23/97 06/25,01 4 Years
3823 Tamiami Trail East, #421
Naples, FL 34112
District: 4
Caregot3':
This 9 member board was created on May 14, 1991, by Ord No. 91-38 & 91-77, to identify and
evaluate problems unique to the Black Community, review and recommend ways to ensure open
communication bet,,veen minorities and Collier County Government and provide periodic reports
to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91-77 to increase
membership from 7 to 9 member. Terms are 4 years.
FL STA T.' none
Staff.' c e , ' erragel. 774-8~88
IVednesday, November 04, 1998 Page 2 of 2
FEB O 9 1999
MEMORANDUM
"'" 3,%
-'~','~G 9~; ..'m~g~'.:'. ' 3~ ~ ~ , '
DATE: December 21, 1998
T0: 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 advisor}., 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.
BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT
Audre Levy
3140 LaCosta Circle, Unit 904 jr;/: ,9,,,
Naples, FL 34105
Jon Eric Walker
2638 Fountain View Cir. #206
Naples, FL 34109
Thank you for your help.
FEB 0 9 1999
Pc]. ~
MEMORANDUM
DATE: December 21, 1998
TO: Phil Tindall, Assistant to the County Adminis ator
i
RE: Black Affairs Advisory Board
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:
Audre Levy
3140 LaCosta Circle, Unit 904
Naples, FL 34105
Jon Eric Walker
2638 Fountain View Cir.//206
Naples, FL 34109
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
FEB 0 9 1999
RECEIVED
EDISON
COMMUNITY COLLEGE Board of Count.v Cota~$s~oners
Collier County Campus
OFFICE OF THE PROVOST
December 8, 1998
Mrs. Sue Filson
Administrative Assistant
Board of County Commissioners
3301 Tamiami Trail East
Naples, FL
Dear Mrs. Filson:
(
I am requesting that I be considered as a member of the Black Affairs Advisory Board.
As the newly appointed Provost of Edison Community College's Collier County Campus
and a new resident in Naples, I would appreciate the opportunity to be of service to the
area in which I live and work.
I have enclosed a recent biography as well as a resume for your review. Please don't
hesitate to call if you would like to discuss my application further.
Sincerely,
Audre Levy,
Provost
Home Address:
3140 LaCosta Circle, Unit 904
Naples, FL 34105 .... _~: .. ....
/cm
7007 Lcly Cuhural Parlcway FEB 0 9 1999
Naplcs, Rorida 34 113-8977
(941) 732-3720 Pg - 7
Fax (94 1) 732-5753
Provost
Collier County Campus
Dr, Audre LeW began he~ tenare ~ p~ovos[ of ~e 6o~er Counn'
~pus orE&son Co~u~W Co~ege on J~y 20. ~, b~gs sohd
a~stradve ~d leaderst~p experience to ~e provost posi~on.
She joins E&son ~om Evergreen V~ey CoNege m Sg Jose, Cgor-
ma where she w~ ~dce president of student sendces ~d executive
x~ce president. Prior to that she x~'~ the &rector of Tide II] gd
~sismt to the ~ce president of instruction for the Dg~
Cogaum~' College District. Her expe~ence ~so includes faculb%
counsehng ~d administrative positions with the Los ggeles
Communib' CoBege system gd the Inglewood Unified School
Dist~ct m Cgo~a.
Lew's strong educafion~ background is equ~y impressive.
She holds an undergraduate degree in public speech from
~cMgg State Umversib~ ~ree m~ter's degrees - m educa~on
(~om the U~versin, of gcNgaa), educadon~ psycholog, gd
agstradon (both Dora the Umversiw of C~o~a) - ad her
Ed.D. m msdm~on~ m~ement ~om Pepper&e UmversiW.
Le~,'s priorities for the Co~er campus include increasing
enrollment, creating more visibiliW through programs and
/
acd~des, enhgcing reladonsNps with $e cogumW ad ~e
count, school district, and pro~ding support to her campus
faculb, ~d sd.
AGENDA
No. ./~
FEB O 9 1999
~95 ~ue~a R~d
(5107~2~~ San Jose.'Calff~ 951 ~
(408) 2Z0~451
~ , (409)
PROFESSIONAL EXPERIENCE
~994- present San Jose/Everqreen Communi~ Colleges EecuSve Vice Presiden~
Vice President of Student Se~ices
Evergreen Va~ey Coflege (~C) is one of two community cofleges in the San JosdEvergreen
Communi~ Coffee District. ~C's student populaSon is approximately ~0,000 students and ve~
diverse (43%. Asian, 25~ Hispanic, ~8% Anglo, 7% African-American, and 7% o~her). The coflege
employ~s over 300 furl-time employees and has a budget of over $21,000,000. As ~e EecuSve Wce
President I repo~ direc~y to the Chanceflor and in addib'onal to ~eneral campus oversigh~ I am
responsible for arl areas of Academic AffairMnstruction and some Student SeMces. Prior to ~is
assignment, I was the Vice President of Student Se~ices reposing to the coflege president.
EecuSve ~c8 President (Repo~'ng to ~e Chancellor over Academic Affair~lns~c~on and S~dent Se~ic~)
Responsibilities:
Provide leadership for all areas and components of Academic Affairs and some Student Se~ices
· Supe~ise over 120 fuH-~me and 200 pa~-~me facul~ and over ~ ~11 and pad-~me classified staff
· Develop and monitor budgets of over 12 million dollars for Ins~uc~onal and Studen~ SeMces
· Ini~ate and par~cipate in programs and ac~vi~es to improve rela~onships wi~ seconda~ ins~tu~ons, o~er post-
~nda~ insfitu~ons, IocaX busine~ and ~mmuni~ organiza~ons
Help to set up innova~ve educa~on op~ons (i.e. Welfare Reform Program, High Schoo[ Early Enrollment, 4-year
~llege pa~ership, College for ci~ and ~un~ workers.
Pa~cipate on ~e College Curriculum Committee and helped to develop new curriculum
· Sere on ~e facul~ union nego~ation team
Pa~ of ~e execu~ve leadership of ~e dis~ict and ~[lege; a~end all board mee~ngs and frequency interacted ~
board ~mbers
Recruit, hire, ~ain, evaluate and supe~i~ ~ficate and clarified per~nnel
· Sere on ~e A~redita~on Self-S~udy team
· Coordinate and plan programs and ~i~s in ~n~d ~ and be~een academic affairs and student ~i~s
· Interpret ~n~acts, educa~onal ~des, policies, and pro~dures for federal, state, and regional programs
Pa~cipate in Shared Governan~ and o~er ~mmiHee ac~vi~es
Oversaw ~e development of ~e ~hedule of cia~s and ~llege catalog
AGENDA
FEB 0 9 1999
Audre Levy, Ed.D.
Page 2
Accomplishments: .-
· Secured funding through grants and:fund raising activities with yearly awards of over $200,000 '.
· Served on the union negotiated team and successfully negotiated the District's first 3-year faculty contract
· Helped to set up several partnerships with local education institutions, official agencies, and community
organizations for Welfare Reform, City and County Workers, Department of Transpodation, and advanced high
school students setting up a Middle College
· Assisted with the designed new curriculum for the Welfare population, vocational training, and internet courses
· Participated in the writing of new state legislation for distance learning
V/ce President Student Services
Responsibilities:
· Monitor budget of over 10 million dollars including both state and categorical funding for state and federal programs
· Provide leadership for the following area: Admissions and Records, Articulation, CARE, Counseling, Career Center,
Child Development Center, Disabled Students Program, EOPS&S, Financial Aid, GAIN, Health Services, Job
Placement, Matriculation Program, Outreach, Re-Entry, Student Activities, and Veteran's Affairs
· Recruit, hire, train, evaluate and supervise 25 full and pad-time certificate and over 85 full and pad-time classified
personnel
· Serve as the college's Accreditation Liaison Officer for the mid-term report and on the Accreditation Self-Study Team
· Organize programs and activities for the student body and mobilize students to participate with local business,
community organizations and other educational entities
· Serve as the campus liaison for food service and campus police
· Develop and revise materials to be student centered (student handbooks, recruitment videos, orientation booklet)
· Design software and procedures for student follow-up as well as to measure outcomes
· Institute programs and activities for recruitment and retention of both students and employees
· Revise district policies and college procedures (i.e. Student Grievance, Academic policies)
· Monitor assigned areas budget allocations
· Involve the college community in initiatives that impacl the college (i.e. Title 111 grant, campus beautification project,
enrollment management efforts, policy revisions, associated student elections)
· Make presentations to the governing board, the college and other educators
· Initiate community involvement with the college (i.e. Juneteenth Festiva!, Indian Pow Wow, Asian Pacific Student
Conference)
Accomplisl'~ments:
· Secured funding through grants and fund raising activities with yearly awards of over $350,000
· , Reengineered many Student Services processes and procedures -
sup~ I~EM
· Helped to set up several partnerships with local education institutions and secured funding a~ d ~
technology and programs No.
· Designed and implemented telephone and on-line registration
· Acquired state-of-the-art technology for student services and instruction FEB 0 9 1999
:--.-- · Designed new orientation program and delivery mode
· Brought all assigned areas in line with their budget allocation pg .~
· Advocated for student services which resulted in budget increase, technology purchases ant ~.~u;;i~y ~novadons
Audre Levy. Ed.D.
Page 3
f992-1994 Dallas Community Colleges
Director. of Title III and '.
Assistant to the Vice President of Instruction
Brookhaven College is one of seven colleges in the Dallas Community College District which enrolls
over ~0.000 students each semester. The student population is very diverse with students from over
80 different cultures attending the college. The college offers degrees in over 29 majors and certificates
in 25 vocational/occupational areas. As the Director of Title III and the Assistant to the Vice President of
Instruction, I was responsible for a yearly budget of over $500,000.
Responsibilities:
· Establish and monitor the Title III budget of yearly allocations of $500,000
· Work with ins[ructjonal deans to create alternative learning options (i.e. distance learning. use of technology to
support learning)
· Ini[jate and participate in programs and activities to improve relationships with secondary institutions, local business
and community organizations
· Serve as a liaison between the college and the local secondary schools, adult schools as well as the college and
several community organizations
· Create new and revise existing programs (i.e. 2 + 2, Week-end College)
· Institute programs and activities for recruitment and retention of both students and potential employees
· Coordinate the selection, review, and purchase of state-of-the-ad technology for instruction and
provide opportunities for faculty to infuse new technology into the learning environment
· Set up several centralized computer facilities for instruction and management
· Design software and procedures for monitoring student progress as well as to measure outcomes
· Interpret contracts, educational codes, policies, and procedures for federal and state programs
· Develop and redesign materials to be more student centered (handbooks, videos, fliers, brochures and altered
school materials) and created handbooks, fliers. etc. for faculty and staff use
· Oversee the development of the Schedule of Classes
Accomplishments:
· Revised the week-end College offering to be a stand alone degree option
· Developed a 2 + 2 articulation program with the local high school
· Infused state-of the are technology into a number of curriculum areas '
· DeveFoped a computerized admissions application for tracking and referral to support service.,
· Participated in a number of committees using the TQM and CQt and received first place in a CQI competitbn
· Promoted a student center-focus to the college and the Schedule of Classes
· Developed and redesigned materials to be more student centered (handbooks, videos, fliers,
brochures and allered school materials) and created handbooks, fliers, etc. for faculty and staff use
· Taught developmental classes retaining over 95% of the original student enrollment
· Presented al several national conferences
F E B 0 9 1999
Audre Levy, Ed.D.
Page 4
~ 9894 992 Los Anqeles Community Cofie.qes
Administrator (Coordinator of Matriculation; Retention Specialist)
Counselor (General Students, International Students, Career Counseled
The Los Angeles Community College system has 9 colleges serving around 120,000 students. West
Los Angeles College has a very diverse student population of around 8,000 students. As the
coordinator of Matriculation and the Retention Specials for Title III, I was responsible for a budget of
over $~,000,000 and supervised a staff of 5. Los Angeles Vafiey College has a student population of
around 23,000 students with a very diverse and affluent student population with around 250
international students. As a counselor, I worked with international students as well as the general
student population.
Responsibilities:
· Establish and monitor budgets for several state and federal programs totaling $1 million
· Set up several computer facilities for instruction and management, as well as, designed software for monitoring
student progress. coordinate the selection, review, and purchases of state-of-the-are technology.
· Organize programs and activities for the student body and encourage involvement with local business and
community organizations
· Serve on a number of local and district commitlees to align curriculum with state funding requirements and the needs
of the student
· Create and redesign materials (handbooks. videos, fliers, and altered school materials) as well as to create
-'-'- handbooks, fliers, etc., for faculty and staff use
· Develop training manuals, handbooks, and other instruction related materials; created and co-pr:. :deed videos to
assist w~th instruction
· Train faculty to assist with the advisement of students
· Counsel students from various social, economic, and ethnic backgrounds regarding academic, vocational, an~
personal concerns at the secondary and post-secondary level
· Design software and procedures for monitoring students and measuring outcomes
· Institute programs and activities for recruitment and retention
· Teach courses in personnel development, career planning, and study skills
Accomplishments:
· Within one year brought the school into compliance with the state Matriculation requirements
· Received commendations from the Matriculation Review Team and the Title III Compliance review
· Infused {qew technology into learning laboratories
· Developed a student monitoring system
· Set up an innovative faculty advising program
· Developed an orientation video
· Taught classes in Personal Development with 92% retention of students
FEB 0 9 1999
Audre Levy, Ed.D.
Page 5
~975-f989 Inglewood Unified School District
Administrator (Coordinator of several programs)
Counselor
/nstructor (English, Reading, Pubtic Speaking)
Ing/ewood Unified School District, located in Southern California, is a secondary school and adult
school district with approximately 20,000 students. The student population is very diverse and many of
the students come from single parent homes and a number of attendees are members of gangs. My
assignments included instructor, counselor, and several administrative assignments including District
Reading Coordinator, and District Summer School Coordinator. as we//as a coordinator over several
programs. / handled yearly budgets of over $500,000.
Responsibilities:
· Assist with the creation of a district's budget
· Establish and monitor budgets for state and federal grant programs
· Serve as a lead reviewer and team member for various state program audits
· Design software and procedures for monitoring students as well as to measure outcomes
· Institute programs and activities for recruitment and retention of students
· Teach courses in English, Reading.-and Public Speaking
· Participate on curriculum committees and curriculum task groups
· Counsel students from various social. economic, and ethnic backgrounds regarding academic, vocational, and
personal concerns at the secondary and post-secondary level
· Provide counseling services to special populations such as International Students, ESL amnesty, returning adults,
displaced workers, and vocational programs
· Develop and redesign materials to be more student centered (handbooks, videos, fliers, and altered school
materials) and created handbooks, fliers, etc. for faculty and staff use
· Develop training manuals, handbooks, and other instruction related materials; created and co-produced videos to
assist with instruction
· Present at staff development events on retentjon, learning styles, and cultural differences
· Resolve confiids and complaints of faculty, staff and students
Accomplishments:
· Secured and maintained ongoing outside funding from grants (i.e. Reading is Fundamental, School Improvement
Program, Vocation Training grant)
· Receive~ donations of equipment and services for the students equally over $80,000 .
· Developed a computer repair program including the curriculum
· Served on a number of local and district committees to align curriculum with state requirements and the needs of the
student
· Helped write test items for a state mandated basic skills test and for a vocational area
· Set up a tutorial program and a mentor program with gang members and the local police
· Created a partnership with the high school and local businesses garnering jobs, funding, and employment for
students and staff
AGENDA"
FEB O 9 1999
Audre Levy, Ed.D.
Page 6
EDUCATION
Ed. D. in Institutional Management 1992 Pepperdine University
M.S. in Administration 1986 Calilornia State University
M.S. in Educatjonal Psychology 1982 California State University
M.A. in Education 1972 University of Michigan
B.A. in Public Speech 1'967 Michigan State University
TEACHING EXPERIENCE
Dallas Community Colleges (Brookhaven) 1993-94 English, Reading
Los Angeles Community Colleges (LAVC) 1989-93 Personal Development
Inglewood Unified Schools 1975-81 English, Reading. Speech
Wayne State University 1972 Test Taking Strategies
Detroit Public Schools 1969-75 English. Reading, Speec~h
SELECTED COMMUNITY INVOLVEMENT
· South Bay Public Safety Training Consorljum (Chair Person)
· Toastmasters International (Vice President)
· Rotary International (Member)International Preschool (Board Member)
· Farmers Branch Chamber of Commerce Leadership Class (President)
· Dallas Urban League (Member)
· San Jose Chamber of Commerce (Leadership Planning Council)
· Child Quest International (Board member)
· Association of Community College Administrators (Campus Liaison)
SELECTED LEADERSHIP TRAINING
· National Instjtute for Leadership Development
· National Institute for Leadership DevelopmenL 'Kaleidoscope Konnection'
· Leadership training by Focus Farmers Branch
· Diversity in Leadership Development Keltogg Foundation
· Total Quality Management Training
· Leaders~hip 2000 Zinger Miller '
t
SELECTED OTHER TRAINING
· Instructional Evaluation (Teachers and Supervisors Effective Training)
· Teaching Methods (Madeline Hunter method, Teachers Effective Training Model
· Human Resources Development
· Grant Writing (Grantsmanship Training, LA County Grant Training Program)
· Reviewer of State Programs (State of Califomia)
· Computers (UCLA Computer Technology Program) .... ' "'
· Financial Planning (Waddell and Reed) NAo?~
· Dispute Resolution/Mediation (Tarrant County Courts)
FEB 0 9 1999
Audre Levy, Ed.D.
Page 7
CREDENTIALS
· AdminiStration 1990
· Counseling 1989
· Basic Skills Instructor 1976 (Life)
· Instructor-Psychology 1989 (Life)
· Instructor-Language Arts 1986 (Life)
SELECTED AFFILIATIONS
· Amedcan Association of Community Colleges
· Delta Sigma Theta Sorodty
· National Association of Black School Educators
· American Associations of Community Coileges Women
· 100 Black Women
SELECTED COMMITFEE INVOLVEMENT
Chairperson South Bay Public Safety Training Consortlure
Chairperson SJECCD Telephone Registration Committee
Chairperson EVC ADA Committee
Chairperson EVC Graduation CommiItee
Chairperson Resource Development Committee
Co-Chairperson EVC Student Center Building Committee
Member SJECCD Executive Council
Member SJECCD Technology Committee
Member EVC Shared Governance Council
Member EVC T~hnology Committee
Member EVC Curriculum and Instructional Task Force
SJECCD = San JosejEvercjreen Community College District
EVC = Evergreen Valley College
SELECTED PRESENTATIONS
Cultural Diversity (LACC staff development)
Retention (LACC staff development)
Technology (NISOD--National Institute for Staff and Organization Development--and a '
· ' a National Technology Conference) ,.
SELECTED PRESENTATIONS
Learning Styles (Leadership 2000, NSOID, California Community Colleges)
Grant Writ. jng (EVC staff forum}
Student Grievances (EVC staff development)
SELECTED CONSUTANT ACTIVITIES
Learning Styles ( 1 day training for teachers) Ao?~
Presentation Skills ( 1 week training for employees at Hughes Air Craft N
Parent Effectivene._ss Training ( 1 day workshop for 4 -year degree faculty)
Institutional Effectiveness ( 1 day workshop for 4 year faculty and staff) FEB 0 9 1999
FROM: CCSO DRILL ACADEMY PHONE NO.: 941 793 9456 Dec. 09 1998 12:00PM P1
-'-- ' 263g Fountain view Cir. 4206
· Napl~, FL 34109
,
'. i' :i i~. ' ~ )>~.L ~ '~. ~ ~ ~- '.=~.. '!..>i = .-... i.. ? :. ' ....
To: Sue Filson Fax: 774-3602
From: Jon Walker Date: 12/09/98
Re: Black AffaLrs Advisory Board Pages: 3
CC: Board of County Commissioners
[] Urgent {~ For Revlev/ [] Ptease Comment [] Rease Repiy [] Please R. ecycte
FROM: CCSO DRILL ACADEMY PHONE NO.: 941 ?95 9456 Dec. 09 1998 12:01PM P2
Mr. Jon Eric Walker
2638 Fountain View Cir. #206
Naples, Florida 34109
Home Phone #: (941 ) 596-3503
Work Phone #: (941) 793~9450
Objective: Seeking to serve nay communiw..
General Abilities: * Able to perform various duties on an independent or unsupervised
basis, Strong organizational and Computer skills.
· A cost conscious, positive team player.
· Profoundly committed to providing first class service. Very people
oriented.
· A loyal agency person. Competitive, hardworking, self-motivated
individual.
Experience: State of Florida
Department of Juvenile Justice
May 21, 1998 - Present
Sr. Juvenile Probation Officer
Stationed at the Collier County Sheriff' s Drill Academy. Supervising all
Juveniles in the residential and aftercare phases of the program. Acting as a
liaison between the Depat~nent and Collier County Sheriffs Depaxtment.
State of Florida
Department of Juvenile Justice
April 1995- Present
Delinquency Case Management Counselor:
Providing counseling to families and children. Writing recommendations to
the courts for delinquent youths. Supervising sanctions admini.stered by the
courts and assessing troubled youth for interventions and evaluating the
outcomes.
Tampa Crossroads Inc.
Tampa, Florida
August 1995-April 1995
Outreach Program Man~er:
Non-profit agency. Achninistrative position, budgeting and pursuing new
grant oppornmities. Supervising agency's programq such as the Substance
Abuse Aftercare Program, the Youthful Offender program and the Female
Offender program. Also, supervising two Case Managers ~ nd the a~encv's
AGENDA ITE}~b
No.
FEB O 9 1999
FROM,: CCSO DRILL ACADEMY PHONE NO. : 941 ?93 9456 Dec. 09 1998 12:01PM P3
Resume of Mr. Jon Eric Walker
Page Two
college student interns. Programs were funded by the Florida Department of
H.R.S., Florida Department of Education and Florida Department of
Corrections.
Tampa Crossroads Inc.
Tampa, Florida
June 1994- August 1995
Outreach/Yotrthful Offenders Case Manager:
Case Managing individuals in the agency's addictions aftercare program who
have completed the men and women residential centers and individuals
participating in the Youthful Offender Project. Conducting Support groups for
aftercare Clients, women inmates in the county jail and the youthful offender
clients. Interviewing perspective clients for the agency's programs.
South Carolina, Department of Probation, Parole, and Pardon Services.
Columbia, South Carolina
January 1991- November 1993
p.r0bation/Parole Agent H:
Supervising offenders placed under the department's jurisdiction. Assessing
risk and needs and directhag them to the appropriate referral agencies.
Monitoring court ordered fines, restitution, and supervision fees. Conducting
pre-sentence and pre-parole investigations. Issuing and serving probation and
parole warrants. Extraditing offenders (who have absconded supervision to
another state or county.) back to the original jurisdiction.
South Carolina, Department of Corrections
CKirkland Correctional Institution)
Columbia, South Carolina
September 1990-January 1991
Correctional Officer
Assigned primarily to the Gillham Psychiatric Center in the prison. Providing
supervision to substantial security risk inmates and inmates on suicide watch.
Zayer Department Store
Daytona Beach, Florida
May 1988- July 1988 and August 1987- De~mber 1988
Store Detective:
DeaLing directly with profit retention. Safeguarding store assets such as
building, fixtures, merchandise, equipment and apprehending shoplif~ers.
Auditing cashiers banks, orientating new employers, monitoring surveillance
cameras, forming partnerships with local law enforcement an< eonductin~
loss prevention workshops for employee's AGENDA
No. /~.)I~.~
FEB 0 9 1999
FROM,: CCSO DRILL ACADEMY PHONE NO.: 941 ?93 9456 Dec. 09 1998 12:02PM P4
Resume of Mr. Jon Eric Walker
Page Three
Tampa Police Department
Tampa, Florida
May 1988- July 1988
Student Intern:
Summer Co-op position. Assigned to all divisions of the department.
Received a basic understanding of investigations and everyday police work.
Hillsborough County Parks and Recreation Department
Nuccio Park, Tampa, F1.
June 1980, 1981, 1984-August 1980, 1981, 1984
Park Director:
Summer Job, working with youth over the summer in the Parks and
Recreation' s summer programs.
Education: C. Leon King
Tampa, Florida Graduated: July 6, 1983
High School Diploma
Bethtme-Cookman College
Daytona Beach,. Florida
Graduated: July 29, 1989
BS Degree in Criminal Justice.
Personal: Married with two children. Willing to travel if necessary.
References furnished upon request.
AGENDA
No. /~I~
FEB 0 9 1999
PCJ,. /C~ ..
RESOLUTION NO. 99-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA REQUESTING THAT THE ARMY CORPS
OF ENGINEERS USE THE DULY ADOPTED COMPREHENSIVE PLANS AS
THE LAND USE ALTERNATIVE FOR THE ENVIRONMENTAL IMPACT
STUDY FOR SOUTHWEST FLORIDA; OBJECTING TO THE USE OF ANY
LAND USE ALTERNATIVE IN THE ENVIRONMENTAL IMPACT STUDY
THAT DOES NOT STRICTLY COMPLY WITH THE EXISTING
COMPREHENSIVE PLANS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Army Corps of Engineers ("Corps") has undertaken an
Environmental Impact Study for Southwest Florida to study the impacts of the Clean Water Act
Section 404 permitting program on the area; and
WHEREAS, the State of Florida, through the Department of Community Affairs, and Lee
and Collier Counties have requested that the Corps use the Comprehensive Plans Developed for
each County in its environmental Impacts Analysis; and
WHEREAS, the local Comprehensive Plans were developed, adopted and approved
pursuant to the requirements of the "Local Government Comprehensive Planning and Land
Development Regulation Act" adopted by the Florida Legislature; and
WHEREAS, the citizens, businesses, and governments of Lee and Collier Counties
expended tens of thousands of hours and millions of dollars in developing the information
needed to support the decisions encapsulated in the Comprehensive Plans and the Future Land
Use Maps for both Counties; and
WHEREAS, the Corps has appointed an Alternatives Development Group which
developed a number of different land use alternatives for the Corps' use in developing the
Environmental Impact Statement for Southwest Florida, most of which conflict with the land
uses designed by the duly adopted Comprehensive Plans; and
WHEREAS, the land use alternatives proposed by the Alternatives Development Group are
significantly more restrictive than the adopted Comprehensive Plans; and
WHEREAS, the documents in the public domain and the public comments made by the Corps
staff and the participants in the Alternatives Development Group indicate that the Environmental
Impact Statement for Southwest Florida may be used to replace the local land use regulations
approved by the State of Florida and the Lee and Collier Counties governments; and
WHEREAS, the Corps has stated that the Environmental Impact Study for Southwest
Florida will serve as a ternplate for evaluating and regulating other projects in the State of
Pg. .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board requests that the United States Army Corps of Engineers, Jacksonville
District, use the duly adopted Comprehensive Plans of Lee and Collier Counties as
the land use alternatives in completing the Environmental Impact Statement for
Southwest Florida or limit the use of the Environmental Impact Statement so that it
will not, either racially or as applied, act as land use or zoning regulations.
2. The Board strongly objects to the Corps' use of any land use alternative in the
Environmental Impact Statement for Southwest Florida that will result in land use or
development controls that are not in strict compliance with the local Comprehensive
Plans developed and adopted in compliance with the laws of the State of Florida.
3. This Resolution shall be effective upon adoption.
This Resolution adopted this day of . , 1999 after motion, second
and majority vote favoring same.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DW1GHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and
legal su~ciency:
David C. Weigel
County Attorney
No. Io (F~
P&.
COUNTY OF HENDRY, STATE OF FLORIDA "
RESOLUTION NO. 98~_ 136
RECORDED IN RESOLUTION BOOK XV , PAGE 212
A RESOLUTION OF TItE BOARD OF COU:YI"Y COMMISSIONERS OF 1TENDRy
COUNI~, FLORIDA REQUESTING TItAT THE ARMY CORPS OF ENGINEERS USE
TllE DULY ADOPTED COMPREHENSIVE PLANS AS Tile LAND USE
ALTERNATIVE FOR THE ENVIRONMENTAL IMPACT STUDY FOR SOUTltWEST
FLORIDA; OBJECTING TO Tile USE OF ANY LAND USE ALTERNATIVE IN TIlE
ENVIRONMENTAL [MPACT STUDY THAT DOES NOT STRICTLY COMPLY WITIt
TITE EXISTING COMPREItENSIVE PLANS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS the United Slates Army Corps of Engineers ("Corps") has undertaken an
Environmental Impact Study for Southwest Florida to study the impacts of the Clean Water Act
Section 404 permitting program on the area; and
WHEREAS the State of Florida, through the Department of Community Affairs. and Lee
and Collier Counties have requested that the Corps use the Comprehensive Plans Developed for
each County in its Environmental Impacts Analysis; and
WHEP,.EAS the local Comprehensive Plans were developed, adopted and approved
pursuant to the requirements of the "Local Government Comprehensive Planning and Land
Development Regulation Act" adopted by the Florida Legislature; and
WHEREAS the citizens, businesses, and governments of Lee and ColIier Counties
expended tens of thousands of hours and millions of dollars in developing the information needed
to support the decisions encapsulated in the Comprehensive Plans and the Future Land Use Maps
for both Counties; and
WHEREAS the Corps has appointed an Alternatives Development Group which
developed a number of different land use alternatives for the Corps' use in developin ~t~s AGENDA li'EM
RECORDED IN RESOLUTION BOOK XV, PAGE 213
Environmental Impact Statement for Southwest Florida, most of which conflict with the land uses
designated by the duty adopted Comprehensive Plans; and
WHEREAS the land use alternatives proposed by the Alternatives Development Group
are signifieantIy more restrictive than the adopted Comprehensive Plans; and
WI-~REAS the documents in the public dom~n and the public comments made by the
Corps staff and the participants in the Alternatives Development Group indicate that the
Envirorunental Impact Statement for Southwest Florida may be used to replace the local land use
regulation approved by the State of'Florida and the Lee and Collier Counties governments; and
WHEREAS, the Corps has stated thai Environmental I~npact Study for Southwest Florida
will serve as a ternplate for evaluating and regulating other projects in the State of Florida;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO/~I~HSSIONERS OF HENDRY COUNTY, FLORIDA THAT:
1. The Board requests the United States Army Corps of Engineers, Jacksonville
District, use the duly adopted Comprehensive Plans of:Lee and Collier Counties as
the land use alternatives in completing the Environmental Impact Statement for
Southwest Florida or limit the use of the Environmental Impact Statement so that
it will not, either on racially or as applied, act as ]and use or zoning regulations.
2. The Board strongly objects to the Corps' use ofany land use alternative in the
Environmental Impact Statement for Southwest Florida that will result in land use
or development controls that are not in strict compliance with the local
Comprehensive Plans developed and adopted in compliance with the laws of the
State of'Florida.
3. This Resolution shall be effective upon adoption. AGENDA ITEM
No. IOfF'I
F E O 1999
Pg.
RECORDED IN RESOLUTION BOOK XV, PAGE 214
DULY CONSIDERED AND ADOPTED by the Board of County Commissioners of
Hendry County, Florida, this 8th day of December, I998.
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
.: ~..,...-. ,. ., ,-
~, :'ATTEST: ',. :',. '7 .. '
.- .L... ~,.,. :.' .; ....-', ..-.
F E8 O ~ 1999
_
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 PLID 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 .~o~2.C~
F E B 0 9 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:
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.
FEB 0 9 1999
pg. c:2
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)(1) 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 swalePoerm 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-heating prior to being heard
by the Board of County Commissioners.
Note: This stipulation results from the fact that the Planning Commission heard this petition prior to its
hearing in front of the EAB. N~.~&,C~[
FEB 0 9 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 staffs 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:
/~USANMURRAY, AICP Of/' DATE
CHIEF PLANNER
q
REVIEWEI~ ~BY:
(\/-,n._x,,- x2 ~"
RIS~ALD F~INO, AICP, MANAGER DATE
CURRENT PLANNING SECTION
ROBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
,
VINf~ENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL 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.
FEB 0 9 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
multiple family dwellings, for a total of one hundred fourteen (114) units on 38 acres. ~
uses and structures like carports, garages, utility buildings, and recreational uses such !
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 eastem 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 fight-of-way
East - Brettone Park PUD; intemal 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:
1999
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 dwellin~ 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 onosite 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 necessary.
'
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, staff's 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 com ~atibility
with adjacent land uses, a consideration usually dealt with as a facet of analyzing the re]n*: ~-^'-:--
of the rezoning action to the long range plan for future land uses.
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 westem 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 northern 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, and Davis
Boulevard to the south. The site is compatible with and similar to the multi-family usecV,~tdN , E~ I
the site, which were approved at a density of 4.29 dwelling units acre. These developr~ent '~° ~
t FEB 0 9 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.
Communi_ty 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. __._T~o.aL~.~
6 FEB 0 9 1999
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 heating 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.
I
FEB 0 9 1999
7 j
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 staff s 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.
F E B 0 9 1999
8
PREPARED BY:
MURRAY, AICP (~" DATE
CHIEF PLANNER
R[~ALD F. NTNO, J~'d'PT DATE
CURRENT PLANNING MANAGER
~f~BERT J. MULHERE, AIC~ DATE
/PLANNING SERVICES DEPARTMENT DIRECTOR
AP O D B~_
CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS.
Petition Number: PUD-98-17 Whittenberg Estates PUD
Staff Report for December 17, 1998 CCPC Meeting
NOTE: This Petition has been tentatively scheduled for the January 12, 1999 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
~AiRpE~RSON
9 F E B 0 9 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 permitted 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 Findinlls:
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- Whittenburg PUD; multi-family dwelling units
3. The possibility creating of an isolated district unrelated to adjacent and nearby districts;
Pro/Con: Evaluation not applicable.
FEB 0 9 1999
1
pg. /~"'
~_. Summary Findings: The site is adjacent to existing single family and multi-family developments to the
'mrth, 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 illogica!lydrawn in relation to existing conditions
on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary Findines: 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 Findines: 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
lwelling 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 from 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 in~ngement 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.
)to: (i) The proposed development of the subject'property is consistent with the provisions of the
traffic Element of the Growth Management Plan, therefore the additional traffic generated
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
re.quirements.
Summary Findinl~s: 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 values in the adjacent area;
Pro: Urban intensification typically increases the value of adjacent vacant or underutilized land.
Con: None.
0 9 1999
1
Summary Findines: 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
oy 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
ubsequent 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 Findines: 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.
Summan, FincliniCs: 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.
F E B 0 9 1999
5
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 patterns 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 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 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.
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.
6 ! FEB 0 9 1999
3. Conformity of the proposed Planned Unit Development with the goals. objectives and
policies of the Growth Management Plan.
Pro/Con: Evaluation not applicable.
Findine: The subject petition has been found consistent with the goals, objectives
and policies of the Growth Management Plan.
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.
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 internal 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.
Findinp: 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.
FEB 0 9 1999
~_. Finding: Timing or sequence of development in light of concurrency 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.
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.
F'E B 0 9 1999
i ORDINANCE NO. 99-
2
4 AN ORDINA~NCE AMENDING ORDINANCE N~JMBER 91-102 THE
5 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
6 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
v THE tININCORPORATED AREA OF COLLIER COI/NTY, FLORIDA
8 BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
9 06065; BY CHANGING THE ZONING CLASSIFICATION OF
10 THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RbTLAL
11 AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
z2 KNOWN AS WHITTENBERG ESTATES PUD FOR A MAXIMLrM OF
13 114 SINGLE-FAMILY AND MULTI-FAMILY DWELLING UNITS,
14 LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R.
15 84), EAST OF WHITTEN DRIVE IN SECTION 6, TOWNSHIP
16 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
17 CONSISTING OF 38± ACRES; AND BY PROVIDING AN
is EFFECTIVE DATE.
19
2o WHEREAS, Blair A. Foley, P.E., of Coastal Consultants, inc.,
21 representing James Gorman, petitioned the Board of 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
25 Commissioners of Collier County, Florida:
26 · E :
27 The zoning classification of the herein described real
28 property located in Section 6, Township 50 South, Range 26 East,
29 Collier County, Florida, is changed from "A" Rural Agriculture to
30 "PUD" Planned Unit Development in accordance with the Whittenberg
31 Estates PUD Document, attached hereto as Exhibit "A" and
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 T W '
37 This Ordinance shall become effective upon filing with the
38 Department of State.
39
40
41
F E B 0 9 1999
-t-
i
5 PASSED AND DULY ADOPTED by the Board of Coun=y Commissioners
4 of Collier County, Florida, ~his __ day cf ,
5 1999.
6
? BOARD CF COUNTY COMMISSIONERS
s COLLIER COUNTY, FLORIDA
9
10
11 ATTEST:
12 BY:
13 PAMELA S. MAC' KIE, CHAIRWOMAN
14 DWIGHT E. BROCK, Clerk
15
16
i?
18 Approved as Co Form
!9 and Legal Sufficiency
20
21
25 Marj orf~ M. Student~
Assistant County Attorney
25
26 PUD-98-17 ORDINANCE/
27
28
FEB 0 9 1999
WHITTENBERG ESTATES
A
PLANNED UNIT DEVELOPI%IENT
REGULATIONS AND CONCEPTUAL MASTER PLAN
GOVERNING DEVELOP1MENT OF
WHITIENBERG ESTATES
A PLANNED UNIT DEX;ELOP.~IENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOP1MENT CODE
PREPARED FOR:
WHITTENBERG DEVELOP,~IENT 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 REVISED:
DATE REVIE\~,'ED BY CCPC:
DATE APPRO\;ED BY BCC:
ORDINANCE NUMBER:
Exhibit "A"
F E B 0 9 1999
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY O\VNERSHIP & DESCRIPTION
SECTION II PROJECT DEVELOPMENT
SECTION III RESIDENTIAL TRACTS D & E
SECTION I\7 OPEN SPACE TRACTS B & C
SECTION V PRESERVE/CONSERVATION TRACTS F, G, H & J
SECTION VI DEVELOPMENT COMMITMENTS
EXHIBIT "A" PUD MASTER PLAN
F E B 0 9 1999
STATElXlENT OF CONIPLIANCE
The development of approximately 38.0 acres of propen)' in Collier County., 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 Groxrth Management Plan. The residential, recreational, and other
development authorized herein will be consistent with the growth policies, land development
regulations and applicable comprehensive planning objectives of each of the elements of the Growth
Management Plan in effect at the time of approval by the Collier County Board of County
Cormnissioners for the following reasons:
Residential Pro.iect
1. The subject propeg 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 cogunit), facilities and
sen'ices permits the development's residential density 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 sen'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 densit), is 3.0 dwelling units per acre and is in compliance with the Future Land
Use Element of the Groxrth Management Plan which allows a base densit)' of four (4).
8. The project includes extensive open space in the form of a native vegetation preserve to
provide a high quality of life for its residents.
NAoG~~ 'q
F E B 0 9 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
Whittenberg Estates.
1.2 PROPERTY O\VNERSHIP
The subject proper'O.' 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 County, Florida, subject to easements, restrictions, reser~'ation
and rights-of-way of record.
1.4 GENEtL~kL 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 Count.',,, Florida. The propert>' is bounded on the north by Saxon
Manor, on the east by Glen Eagle Golf & CountD' Club, and on the west by the Whittenberg
PUD.
1.5 PROJECT DESCR. IPTION
\Vhinenberg 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 Whittenberg 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
densit>' of 3 units per acre.
1.6
This Ordinance shall be known and cited as the Vv'hittenberg Estates Planned Unit
Development Ordinance.
F E B 0 9 1999
I-1
SECTION II
PROJECT DEVELOPSlENT
2.1
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable Count5, 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-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Collier County Growth Management Plan in effect at the time of local final
development order or building permit application. Where these PUD regulations fail to
provide developmental standards, then the provisions of the most similar district in the
Collier County 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 to 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 ~aphically 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 ~oss project area is 38.0 acres. The ~oss project density, therefore, will be a maximu_m of_ _
3 units per acre.
II-1 FEB 0 9 1999
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Prior to recording the Subdivision Plat, and/or approvi~l 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/dry 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
other applicable sections of the Land Development Code.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTtiR PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code, Section 2.?.3.5.
2.8 ASSOCIATION OF PROPERTY OXx,.~ERS FOR COMMON AREA MAINTENANCE
""' The land areas and recreation amenities will be under common ownership of all subsequent
purchasers of propen>' 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 Whittenberg Estates", to be recorded in the Public Records of Collier
CounD,.
FEB 0 9 1999
II-2
SECTION III
RESIDENTIAL TRACTS D & E
3.1
The purpose of this Section is to identify specific development standards for areas desigmated
on the PUD Master Plan as residential tracts.
3.2 MAXIMUM DV~rELLING UNITS
Tracts desigmated for residential uses shall be developed in accordance with the standards set
forth in the Collier Count>' Land Development Code and the development regulations
established in this Ordinance provided the total number of dwelling units for the entire
Whittenberg Estates PUD does not exceed 114.
3.3 USES PE1LNIlTTED
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. Accessor,..' Uses:
1. Customar>, accessoD: uses and structures, including carports, garages, patios,
pools, spas, decks, fences and other accessoD' uses that are typically associated
with similar principal uses per the Land Development Code.
2. Recreational communiW facilities that serve as an inte~al part of a residential
tract and have been designated, reviewed and approved 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 constructed 'or purposes
of lake access. FEB 0 9 1999
III-1
3.4 DEVELOPMENT STANDARDS
TYPE 'T' SI2iGLE- TYPE "III"
PER,~4ITTED USE STAND:~RDS FA.MILY , TYPE "II" ZERO LOT LENE/
M'ULTI-F.~I1LY
DETACHED DUPLEX
Minimum Land Area Per Dwelling Unit 4500 SF 1 ACRE 3500 SF<n
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~/~ FT 15 FT 0 FT or a rain. of 6 FT~;;
Min. Side Yard Setback Accessory 7~,i 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, Pnncipal 20 FT 30 FT 20 FT
Min. Rear Yard Setback, Accessor>.' 10 FT 10 FT 10 FT
Max. Building Height 35 FT 40 FT 40 FT
---Min. Distance Between Principal Structures 12 FT 15 FT 12 FT
.din. Floor Area'Dwelling Unit 1200 SF 1000 SF I000 SF
NOTt~: All yards and set-backs shall be in relation to the individual t;arcel bounda~3' excelDr as othe~n~'ise
provided.
i:! Each half of Duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F.
(2)\Vhere the zero (0) feet yard option is utilized, the opposite side of the structure shall have a six (6) foot side yard.
Zero (0) foot yards may be used on either side of a structure provided that the opposite six (6) foot side yard is
provided.
Front yard setbacks shall be measured as follows:
(a) If the parcel is served by a public or private right-of-way, setback is measured from the
adjacent right-of-way line.
(b) If the parcel is served by a non-planed private drive, setback is measured from the back
of curb, valley gutter or edge of pavement.
(c) If the parcel is served by a platted private drive, setback is measured from the road
easement or propert)' 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 PARKING AND LOADING REQUIREMENTS
A. As required by Division 2.3 of the Collier County Land Development Code Ln
the time of building permit application.
B. No recreational or commercial vehicle parking is allowed vdthin residential 7acts.
C. Parking within principal structures is permitted. (i.e., garages) FEB 0
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 primaD,
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 part thereof, shall be erected, altered or used, or land used, in whole
or in part, for other than the following;
A. Principal Uses:
I. Lakes, pool building, pool, and tennis courts.
2. Open Spaces,Nature Preser,,'es (Conservation Area).
3. Small docks, boardwalks, or other such facilities constructed for purposes of
lake or preserve 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 DE\?ELOPMENT 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 Reg-ulations 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 reside ~tial t
outside this Planned Unit Development
F E 8 0 9 1999
I\7-1
33
SECTION V
PRESERVE/CONSERVATION TRACTS F, G, H & J
The purpose of this section is to set forth the developmere plan and development standards for
the areas desig, nated as Tracts F, G, H & J on the PUD Master Plan, Exhibit "A" . The primary
function and purpose of these tracts is to provide exclusive preserve;conser,'ation areas.
A. No development is permitted on these tracts.
F E B 0 9 1999
V~I
SECTION VI
DEVELOP/~IENT COIM.~IIT,~IENTS
The purpose of this Section is to set forth the development commitments for the development
of Whittenberg Estates.
6.2
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 assigns, shall be responsible for the commitments
outlined in this document.
The developer and all subsequent landowners are required to satis~, 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,
granted to insure the continued operation and maintenance of all service 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 serve 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 DEVELOPMENT SUBSTITUTIONS FROM STANDARD SUBDIVISION REGULATIONS
A. Substitute Section 3.2.8.4.16.5. of the Land Development Code such that minimum
right-of-way easement widths for platted roads with valley gutter or curb and gutter
regulations shall be 50 feet. N~o~E~Ci~i
FEB 0 9 1999
\:I- 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
AccessoD, structures shall be constructed simultaneously with, or following the
construction o~ 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 sigts 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 preserves (upland,
wetland and littoral) communities pursuant to Section 3.9.5.3 of the Collier Count), 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 bv Current Planning
Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
All conservation 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 conservation areas shall be recorded as
conservation'preservation tracts or easements dedicated to an approved entiLv or to Collier
County with no responsibiliD, 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 from the
landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental Resource Permit Rules and be
subject to review and approval by Current Planning Environmental Staff.
An exotic vegetation removal , monitoring, and maintenance (exotic free) 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 p~ap o~.~ll,/..~.]'
VI-2 FEB 0 9 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 recommendations of the U.S. Fish and Wildlife
Sen,ice (USFV~rS) and Florida Game and Fresh \Vater Fish Commission (FGF\VFC) regarding
potential impacts to protected wildlife species. Where 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.
6.9 .U_T_ILiIIE_S
A. Water distribution, sewage collection and transmission systems shall be constructed
throughout the project by the developer at no cost to Collier County and the State of
Florida. Potable water and sanitary sewer facilities constructed within platted fights-of-
way or within dedicated County utility easements, required by the CounW, shall be
conveyed to the County for ownership, operation and maintenance pursuant to Collier
CounD, Ordinance No. 88-76, as amended and all State and Federal regulations and
adopted policies in effect at the time of conveyance. All potable water and sanitary
sewer facilities constructed on private property and not required by the County to be
located within County utility easements shall be owned, operated and maintained by
the developer, his assig'ns or successors. Upon completion of the potable water 'and
sanitary sewer facilities within the project, the facilities shall be tested to insure they
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 Sen'ices prior to placing the facilities, whether Counb' owned
or privately owned, into sen'ice. 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 sanitaO' sewer collection and transmission systems,
whether CounD' owned or privately owned shall be reviewed and approved by
Engineering Review Services prior to cormnencement of construction.
C. All customers connecting to the potable water distribution system shall be customers of
the Count>, and shall be billed by the Count, in accordance with the County's
established rate.
D. All potable water and sanita~' sewer facilities in publicly owned rights-of-way or
within dedicated Count>' utility easements within the project's limits shall make
connection to the County's off-site potable water systems and sanita~' sewer facilities
including but not limited to the following: _
vI-3 F E B 0 9 1999
1) Main sewage lift station and properly sized force main interconnecting
with the County utility easements necessar,,.
2) Potable ,,vater 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 o,,vnership of the potable water and sanitary se,,ver
facilities shall be in compliance with Collier Count), Ordinance No. 88-
76, as amended, all Federal, State regulations ,,vhich apply and practices
in effect at the time construction approval is requested.
4) Detailed hydraulic design reports covering potable water and sanitary
sewage collection and transmission systems to serve the project shall be
submitted ,,vith the construction documents. The reports shall list all
design assumptions, demand rates and all other factors pertinent to the
system under consideration.
5) Certifications of Occupancy for structures constructed ,,vithin the
project shall not be appro,,'ed by Engineering Re,,'iew SerMces until fire
fiow tests have been conducted on the project's potable water
distribution system and the results are found to be acceptable and
approved.
6.10 TP,.ANSPORTATION
A. The de,,'eloper shall provide arterial level street lighting at the project entrance; such
improvements shall be a condition of obtaining the first Certificate of Occupancy.
B. Pro,,'isions for 25 feet of drainage easement and fi,,'e (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 County
representati,,'es, De,,'eloper shall provide the 25 feet of right-of-way, ,,'ia Statutory
\\'arranty Deed, to Collier Count.',,, a political subdi,,'ision of the State of Florida,
(along the full length of the property's Davis Boule,,'ard (S.R. 84) frontage) along the
north side of the existing right-of-way of Davis Boulevard and o,,'er the entire length
of the property o,,vned.
The obligation to con,,'ey the above real propert).' interest shall include obtaining and
pro,,'iding, at the De,,'eloper's expense, an ALTA Form B (marketability) title insurance
commitment ,,vithin thirty (30) days of a request to do so by the Count),. Further, the
Developer shall cooperate and follow all requirements contained in any commitment
,,vith 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
Count,. \x,;ithin forty fi,,'e (45) days of recording the conveyance document.
De,,'eloper, at its sole expense, shall also cause a final title insurance poli !y to
in hhvor of Collier County, a political subdi,,'ision of the State of Floric a, ,,vhich is in
conformance ,,,'ith the County's standard title insurance procedures and gpi~g~i~sc.}
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 or 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 dry
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 shall be
paid at the time building permits are issued unless otherwise approved by the Board of
Count>, 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. Z~n interconnected road right-of-way to the adjacent propert}' to the west is proposed as
shown on the PUD Master Plan, Tract "S.
H. A copy of the SF\x,'EVID 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 Count), LDC and SFX\','N,ID 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 with plans for the Lely Branch Canal, the developer shall excavate a
55-foot top width canal within the 80-foot Drainage Easement with the bottom width,
bottom elevation, and side slopes as specified by the Count)' Stormwater Management
Department.
6.11 ARCHEOLOGICAI_
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 archaeological artifact is
found. all development within the minimum area necessar',' to protect the
disc reD'
immediately stopped and the Collier County Code Enforcer~ent Department con acted.No. , "'
F E B 0 ~t 1999
VI-5
EXECUTIVE SUMMARY
PETITION NO. PUD-98-7 MICHAEL R. FERNANDEZ, AICP, OF PLANNING
DEVELOPMENT INCORPORATED, REPKESENTING MASTERCRAFT HOMES, LTD.,
REQUESTING A REZONE FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS WYNDHAM PARK PUD FOR SINGLE FAMILY
AND MULTI-FAMILY RESIDENTIAL LAND USES, FOR PROPERTY LOCATED ON THE
WEST SIDE OF C.R. 951 APPROXIMATELY 0.6 OF A MILE SOUTH OF IMMOKALEE
ROAD, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF +/- 120 ACRES.
OBJECTIVE:
The petitioner seeks to have land described herein rezoned from its current zoning designation of
"A" Agricultural to "PUD" Planned Unit Development for the purposes of developing a
residential development on 120.85 acres of property, providing for three (3) tracts consisting of
development tracts and tracts comprising open spaces, lakes, street fight~of way, landscape buffer
and preserve area.
CONSIDERATIONS:
The subject site is located .06 mile south of the intersection of Immokalee Road and C.R. 951.
/"' The petitioner proposes to develop the property for a maximum of 442 single family and multi-
family dwelling units at a density of 3.66 dwelling units per acre. Access to Wyndham Park is
provided from a single entrance from C.R. 951 leading through the development tracts
terminating in cul-de-sacs and/or continuing through the project providing access to buildable
areas of the site. A pedestrian access to the Oak Ridge Middle School to the north shall be
provided from the subject site if an agreement can be reached with the school board.
Land Use Residential Density:
The projected density of 3.66 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:
47 acres within activity center density band +7 dwelling units/acre
73.83 acres outside activity center +4 dwelling units/acre
Therefore, 47 ~ 7 = 329 units + 73.85 @ 4 = 295 Total eligibility: 624 units
The 442 units constitute seventy (70) percent of the maximum allowable 624 units.
A portion of the subject property (47 acres) is located within one (1) mile of an Activity Center
located at CR 951 and Immokalee Road. Lands surrounding the subject site are developed with
or are currently zoned to allow densities which range from one (1) unit per five (5) acres up to
2.10 dwelling units per acre for the Heritage Greens PUD.
AGE A 1:
F E B 0 9 1999
/
Pg.
Traffic Circulation Element -
The ITE Trip Generation Manual indicates that this petition will generate approximately 3,251
average weekday trips at build-out after trip adjustments are made. Based on this data, the site-
generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume)
on CR-951 after trip adjustments and assignments are made. However, 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 CR-951 as a 2-lane arterial road between Immokalee Road and Golden Gate
Boulevard. The current traffic count for the segment is 10,696 PSDT and is operating at LOS
"C". The Peak Season 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 project to be
deficient by 2006. This segment is depicted on the 2010 Plan as a future 4-lane facility. In
addition, the site-generated traffic onto CR-951 will be lessened when the 4-lane extension of
Livingston Road is completed in 2002. Furthermore, Immokalee Road from 1-75 to CR-951 will
be improved to a 4-lane facility by 1999. As a result of these road improvements, 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 offset
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.
O.
FEB 0 9 1999
PLANNING COMMISSION RECOMMENDATION:
The CCPC voted unanimously to recommend that the Board of County Commissioners approve
PUD-98-07 based on the following stipulations:
1. Sidewalks shall be constructed on both sides of the street consistent with the requirements of
the Land Development Code.
2. A pedestrian/bicycle access shall be provided from the subject site to the adjacent school
provided an agreement can be reached between the petitioner and the school board.
After originally voting to deny the petition, at the January 12, 1999 meeting, the Board of County
Commissioners voted to reconsider the petition. The Board's original denial was based on
concerns over the lack of an interconnect with Oak Ridge Middle School to the north, the
project's proposed density, and concerns over traffic conflicts with the school.
PREPARED BY:
~ Y DATE
CHIEF PLANNER
R~NALD F. ~O, AICP, MANAGER 1- Z_ %r. ~ ~
DATE
CURRENT PLANNING SECTION '
ROBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
APP OV~ BY:
-VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
Petition Number: PUD-98-7 Wyndham Park PUD
This petition has been tentatively scheduled for the February 9, 1999 Board of County
Commissioners Public Hearing.
F E B 0 9 1999
,3
Pa.
AGENDA ITEM 7-E
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
DATE: OCTOBER 26, 1998
lIE: PETITION NO: PUD-98-7 WYNDHAM PARK
OWNER/AGENT:
Agent: Mastercraf~ Homes, Ltd.
9311 College Parkway
Ft. Myers, FL 33919
Owner: Michael R. Fernandez, AICP
Banks Engineering, Inc./Planning Development Incorporated Joint
Venture
5133 Castello Drive Suite 2
Naples, FL 34103
REQUESTED ACTION:
The petitioner seeks to have land described herein rezoned from its current zoning
designation of "A" Agricultural to "PUD" Planned Unit Development for the purposes of
developing a residential development on 120.85 acres of property, providing for three (3)
tracts consisting of development areas and tracts comprising open spaces, lakes, street
right-of way, landscape buffer and preserve area.
GEOGRAPHIC LOCATION:
The subject site is located within the southern half of Section 27, Township 48 South,
Range 26 East, on the west side of C.R. 951 just south of Immokalee Road, adjacent to
and directly south of Oak Ridge Middle School.
PURPOSE/DESCRIPTION OF PROJECT:
.--- The applicant proposes to develop the property for a maximum of 442 single family and
multi-family dwelling units at a density of 3.66 dwelling units per acre. Access to
Wyndham Park is provided from a single entrance from C.R. 951 leading through t,e ~:~Es/c~, ,(~,~
FEB 0 9 1999
i
0
I
o FEB ( ~ 1999
Z
.... L--- ~,
development tracts terminating in cul-de-sacs and/or continuing through the project
providing access to buildable areas of the site.
SURROUNDING LAND USE AND ZONING:
Existing: The subject property. primarily consists of avacant agricultural field. It
presently has an Agriculture (A) zoning designation.
Zoning Land Use
Surrotmding: North - zoned Agriculture (A); Oak Ridge Middle School
South - zoned Agriculture (A); vacant Agricultural land
East - C.R. 951 Right-of-Way
West - zoned Heritage Greens PUD; golf course
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property 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).
The subject petition is for a mixed use residential PUD, for single family and multifamily
land uses, which are authorized uses 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:
Land Use Residential Density:
The projected density of 3.66 dwelling units per acre and is consistent with the density
rating system contained in the FLUE and is based on the following relationships to the
required criteria:
47 acres within activity center density band up to 3 additional dwelling
units/acre
73.83 acres outside activity center +4 dwelling units/acre
Therefore, 47 acres @ a maximum permitted 7 du/acre = 329 units + 73.85 @ a base
density of 4 du/acre = 295, for a total eligibility of 624 units.
The petitioner is requesting a maximum of 442 units which is twenty-nine percent le ~s N~oOE~g
than the eligible maximum allowable 624 units. , '
FEB 0 9 1999
2
A portion of the subject property (47 acres) is located within one (1) mile of an Activity
Center located at CR 951 and Immokalee Road. Lands surrounding the subject site are
developed with or are currently zoned to allow densities which range from one (1) unit
per five (5) acres up to 2.10 dwelling units per acre for the Heritage Greens PUD.
Residential properties immediately abutting the subject site to the west are developed at a
density of2.10 dwelling units per acre.
Traffic Circulation Element -
The ITE Trip Generation Manual indicates that this petition will generate approximately
3,251 average weekday trips at build-out after trip adjustments are made. Based on this
data, the site generated traffic exceeds the significance test standard (5 percent of the LOS
"C" design volume) on CR-951 after trip adjustments and assignments are made.
However, this petition will not lower the level of service below the LOS "D" standard
within the proj ect'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 CR-951 as a 2-lane arterial road between Imrnokalee Road and Golden
Gate Boulevard. The current traffic count for the segment is 10,696 PSDT and is
operating at LOS "C". The Peak Season 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 project to be deficient by 2006. This segment is depicted on the
2010 Plan as a future 4-lane facility. In addition, the site generated traffic onto CR-951
will be lessened when the 4-lane extension of Livingston Road is completed in 2002.
Furthermore, Immokalee Road from 1-75 to CR-951 will be improved to a 4-lane facility
by 1999. As a result of these road improvements, this petition complies with Policy 1.3
and 1.4 of the TCE.
The proposed main access point is from CR-951. Since there is clear sight distance at this
access point, the access should operate adequately, therefore, this petition is deemed to be
consistent with Policy 7.3 of the TCE. Please note that the final traffic circulation system
design will be reviewed at the time of site development plan review or preliminary
subdivision plat review.
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 necessary.
FEB 0 9 1999
3
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.
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.
This petition was reviewed by the EAB and staff recommended approval subject to
conditions which have been incorporated into the Resolution of Adoption and 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 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 Planrang 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 in~'astructure, 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.
FEB 0 9 1999
4
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 within the Urban Residential Mixed use subdistrict future
land use classification as depicted on the Future Land Use Map of the Collier County
Growth Management Plan. The site is presently a vacant agricultural field just south of
the existing Oak Ridge Middle School, the CR~951 right-of-way to the east, Heritage
Greens PUD to the west, and vacant agricultural land to the south. The PUD document
indicates the proposed development plan for the 120.85 acre site is for single family and
multi-family residential development with customary accessory uses such as common
facilities for recreational uses and open space. Residential development on the site is
planned to occur within three (3) development tracts throughout the site surrounding three
(3) lakes. A fifteen (15) foot wide Type B landscape buffer shall be developed adjacent to
the school parcel to the north. The development of tracts adjacent to the west property
line, will abut the golf course tracts within the Heritage Greens PUD. Properties to the
south are zoned Agricultural and are currently vacant. The maximum building height for
all residential development is limited to 35 feet. Twenty-five (25) percent of the native
vegetation on site, or a minimum of 2.75 acres, will be required to be preserved. The
PUD Master Plan indicates that'3.20 acres of native vegetation will be preserved. This
area will be designated at the preliminary subdivision phase or site development plan
process, whichever is earlier. The PUD Master Plan indicates that the only ingress/egress
to the site will be provided from an access point located on CR-951. The proposed
Master Plan indicates the main access through the site will consist of a loop road which
runs through the subject site. Building lots are proposed interior and exterior of the main
access road. A street tree program placed within residential lots will also be
implemented. A thirty (30) foot wide drainage easement along the southern property
boundary will be provided, consistent with the Harvey Basin Drainage Master Plan. This
easement will channel stormwater runoff from the subject site as well as from sites to the
north, including Pebblebrook and the middle school. Coupled with the ten (10) foot
landscape buffer easement requirement, the drainage easement will provide an additional
forty foot separation distance between the subject site and future development of the
vacant site to the south. The PUD Master Plan also indicates a pedestrian interconnect
with the school site to the north will be provided.
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. ----
Traffic:
The ITE Trip Generation Manual indicates that this petition will generate approximately
3,251 average weekday trips at build-out. This project meets the County's concurrency
requirement and is consistent with Policies 1.3, 1.4, 5.1, 5.2, and 7.3. From a planning and
traffic safety standpoint, the proposed access points provide clear sight distance. The
proposed access should operate adequately subject to any required engineering
modifications and the Collier County Access Management Plan. The final geometry and
design of the access will be reviewed at the time of Preliminary Site Development Plan
(SDP) and/or Preliminary Subdivision Plat (PSP) review.
The GMP consistency review indicates that approval of this petition is consistent with
policies of the TCE.
Utility_ Infrastructure:
The project site will be served by a full range of services and utilities provided by Collier
County. All development must comply with surface water management requirements
invoked at the time of site development plan approval.
-'-- Community_ Infrastructure and Services:
A portion (47 acres) of the project site is located within one (1) mile of the Activity
Center located at CR-951 and Immokalee Road. Future development at this intersection
will allow the subject property to have convenient access to a wide range of community
infrastructure, which is enhanced by its proximity to the aforementioned activity center.
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 and similar to the density of development for
neighboring PUD's.
---- 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
AGE ~ ~
Master Plan. ~o. ~
09~
FEB 999 ~
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 3.66 dwelling units per acre.
Future commercial development within the nearby Activity Center will provide
convenient commercial opportunities to the residents of this development.
STAFF RECOMMENDATION:
Staff recommends that Collier County Planning Commission recommend approval of
Petition PUD-98-7, Wyndham Park PUD pursuant to the Ordinance of Adoption and
Exhibits attached thereto with the stipulation that he PUD Master Plan and PUD
document be revised to include the current Land Development Code requirement
pursuant to Section 3.2.8.3.17.3. requiring sidewalks on both sides of a local street.
PREPARED BY:
SAN MURRAY, AICP " DATE '
C IEF PLANNER
_ . ok.
l~Z/'h//~_,b F.'NII~O, AICP DATE
CURRENT PLANNING MANAGER
'~O~ERT J. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
VrNCENi i CAUTE'~~~STRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS.
Petition Number: PUD-98-7
Staff Report for November 19, 1998 CCPC Meeting
NOTE: This Petition has been tentatively advertised for the December 8, 1998 BCC
meeting.
COLLIE C UN~ION:
· , AIRPERSON ' ~- '
F E B 0 9 1999
7
I/
REZONE FINDINGS FOR PETITION PUD # 98-7
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 Findines: The proposed development is in compliance with the goals,
objectives and policies of the Future Land Use Element of the Growth Management Plan
for Collier County, and all other elements, their objectives and policies.
2. The existing !and use pattern;
Pro/Con: Evaluation not applicable.
Summary Findings:
Existing: The subject site is in vacant, agricultural and has an Agricultural (A) zoning
designation.
Surrounding:
North - Agricultural; Oak Ridge Middle School
South - Agricultural; vacant
East - C.R. 951 Right-of-way
West - Heritage Greens PUD; Golf Course
The current Agricultural "A" zoning designation allows for development of single family
residential dwelling units at a density of one (1) dwelling unit per five (5) acres.
Surrounding the subject site to the west is existing single family and multiple family
residential development generally developed at densities of 2.10 dwelling units per acre.
FEB 0 9 999
8
3. The possibility creating of an isolated district unrelated to adjacent and
nearby districts;
Pro/Con: Evaluation not applicable.
Summary Findings: The site is adjacent to residential development to the west and an
existing middle school to the north. The proximity to adjacent developments justify a
rezoning action to PUD for residential purposes.
4. Whether existing district boundaries are iilogica!ly 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 has narrow
frontage on CR-951, abuts development to the north and west and CR.-951 to the east.
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 Collier County Growth Management Plan.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the
west and will be a compatible neighbor to the existing middle school to the north.
Con: None.
Summan, Findings: The proposed zoning amendment will not adversely affect living
conditions in the neighborhood due to the similar nature of the surrounding development.
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
provisions of the Traffic Circulation Element of the Growth Management Plan, theref,~~
9 FEB 0 9 1999
the additional traffic generated by the 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 CR-951.
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.
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.
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 adiacent areas.
F E B 0 9 1999
]0
10. Whether the proposed change will adversely affect property values in the
adjacent area;
Pro: Urban intensification typically increases the value of adjacent vacant or
underutilized land.
Con: None.
Summarv 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 proposedchange will constitute a grant ofspecial 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 as part 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. Surrounding properties north and west of the site are already developed with
land uses which are similarly or more intensive.
F E B 0 9 1999
]1
/,f----
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County;
Pro/Con: Evaluation not applicable.
Summary Findines: The proposed development complies with the Future Land Use
Element of the County' s 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 Findines: 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 Findines: 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: Municipal water and sewer service are available to serve the
development. Keview by jurisdictional staff for consistency evaluation with GMP required
levels of service advise that there is no deficiency.
FEB 0 9 1999
]2
FINDINGS FOR PUD
PUDo98o6
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 P!an'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 !and, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
Pro: (i) The subject site is located adjacent to an existing middle school
development to the north, and residential development to the west.
(ii) The subsequent development of the site will provide a logical
extension of residential development consistent with surrounding
development.
Con: (i) None.
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
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.
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 I f E B 0 9 1999
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan.
Pro/Con: Evaluation not applicable
Finding: The subject petition has been tbund consistent with the goals,
objectives and policies of the Growth Management Plan.
The subject property is designated Mixed Use Urban Residential
on the FLUE to the GMP.
4. The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and buffering and screening requirements.
Pro/Con: Evaluation not applicable.
Finding: The PUD Master Plan has been designed to optimize internal land
use relationships. External relationships are regulated by the Land
Development Code to help 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.
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.
Finding: 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.
14
g E g 0 9 1999
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Finding..' Ability, as applied in this context, implies supporting infrastructure
such as wastewater disposal systems, potable water supplies,
characteristics oCthe 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.
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 similar residential
structures.
1999
/¢
i ORDINANCE NO. 99-
2
3
4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
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 NUMBER
9 8627S; BY CHANGING THE ZONING CLASSIFICATION OF
10 THE HEREIN DESCRIBED REAL PROPERTY FROM ~A"
11 AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
12 KNOWN AS WYNDHAM PARK PUD FOR SINGLE FAMILY AND
13 MULTI-FAMILY RESIDENTIAL LAND USES, LOCATED ON THE
14 WEST SIDE OF C.R.95i APPROXIMATELY 0.6 MILE SOUTH
15 OF IMMOKALEE ROAD (C.R. 846) IN SECTION 27,
is TOWNSHIP 48 SOUTH, RA/qGE 26 EAST, COLLIER COUNTY,
17 FLORIDA, CONSISTING OF 120.85~ ACRES; AND BY
18 PROVIDING AN EFFECTIVE DATE.
19
2o WHEREAS, Michael R. Fernandez, AICP of Planning Development
21 Incorporated, representing Mastercraft Homes, Ltd., petitioned
22 the Board of County Commissioners to change the zoning
23 classification of the herein described real property;
24 NOW, THEREFORE BE IT ORDAINED by the Board of County
25 Commissioners of Collier County, Florida:
26
27 The zoning classification of the herein described real
28 property located in Section 27, Township 48 South, Range 26 East,
29 Collier County, Florida, is changed from "A" Agriculture to "PUD"
3o Planned Unit Development in accordance with the Wyndham Park PUD
31 Document, attached hereto as Exhibit "A" and incorporated by
32 reference herein. The Official Zoning Atlas Map Number 8627S, as
33 described in Ordinance Number 91-102, the Collier County Land
34 Development Code, is hereby amended accordingly.
35
36 This Ordinance shall become effective upon filing with the
37 Department of State.
38
39
40
41
F E B 0 9 1999
-1-
1
2 PASSED AND DULY ADOPTED by the Board of County Ccmmissioners
3 of Collier. County, Florida, this day of ,
4 1999.
5
6 BOARD OF COUNTY COMMISSIONERS
7 COLLIER COUNTY, FLORIDA
8
9
10 ATTEST:
11 BY:
12 PAMELA S. MAC' KIE, Chairman
13 DWIGHT E. BROCK, Clerk
14
15
16
~7 Approved as to Form
is and Legal Sufficiency
19
20
22 Marj eie M. student
23 Assistant County Attorney
24
25 f/puD-98-7 ORDINANCE/
26
27
FEB 0 9 1999
-2-
WYNDHAM
PARK
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THEE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared For:
Mastercraft Homes, LTD.
9311 College Parkway ~-"
Ft. Mvers. Florida
' .., ~ "~oo
Prepped By:
Michael R. Fem~deL AICP
Banh En~neering, Inc. ~!anning Development Incorporated
Joint Ven=re P 'U D 9 8- 7
5133 C~te!lo D~ve Suite 2
Naples, FloOds 34103
941 / 2634934
~ DATE ~PRO~D BY BCC
O~IN~CE ~ER
~~NTS ~ ~PE~
DOC~T DATE 12.04.98
TABLE OF CONTENTS
PAGE THRU PAGE
TABLE OF CONTENTS ii
LIST OF EXHIBITS AND TABLES iii
STATEMENT OF COMPLIANCE iv v
SECTION
I PROPERTY OWNERSHIP &DESCRIPTION 1-1 1- 2
II PROJECT DEVELOPMENT REQUIREMENTS 2-1 2- 8
III LOW TO MEDIUM DENSITY
RESIDENTIAL AREAS PLAN 3-1 3- 6
VI DEVELOPMENT COMMITMENTS 4-1 4- 4
ii F E B 0 9 199~J
LIST OF EXHIBITS AND TABLES
EXItlBIT A PUD Master Plan Exhibit
EXHIBIT B PUD Location Map
EXHIBIT C Water Management Concept Plan
TABLE I Wyndham Park Estimated Land Use SummaD.'
TABLE II SummaD.' of Development Standards for All Residential Structures
111
F E B 0 9 1999
.... Pg '~ ~P? q
STATEMENT OF COMPLIANCE
The development of approximately 120.85 acres of propert3, in Collier County., as a Planned Unit
Development to be known as Wyndham Park will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Comprehensive Plan. The residential facilities of
Wyndham Park will be consistent with applicable comprehensive planning objectives of each of the
elements of the Comprehensive Plan for the following reasons:
I. 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.
2. The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element.
3. The project will be served by a complete range of services and utilities as approved by the
County.
4. The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers, and the proposed development standards
contained herein.
5. All final local development orders for this project are subject to the Collier County Adequate
Public Facilities Ordinance.
6. 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(FLUE) and theretbre is eligible for the base densi~' as provided by the
FLUE Density Rating System. The proposed density for the project is 3.66 units per acre
which is less than the maximum density provided by the FLUE Density Rating System
contained in the FLUE and therefore is consistent with the Future Land Use Element Policy
5.1.'
Base density. for the project is four (4) dwelling units per acre. A portion of the parcel, 47
acres is within the one mile radius density band of the Immokalee/CR 951 Activity Center
and therefore is eligible for an additional (3) units per acre. The project's eligible density
is therefore is 47 acres at 7 u/a yielding 329 units and 73.85 acres at 4 u/a yielding 295 units;
the sum project potential is 624 units or 5.2 u/a.
In summary., the subject property, has an area of 120.85 acres and is proposed to be developed
with maximum of 442 units. The project site will have a density of 3.66 units per acre. Thi:
density, is deemed consistent with the density provided for bv the C_o.__unrv'~ ~[9~-'¢'-h --
Management Plan.
iv g g B 0 9 1999
7. All final local development orders for this project are subject to the Collier Cc;unty Adequate
Public Facilities Ordinance.
FEB 0 9 1999
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 Wyndham Park.
1.2 LEGAL DESCRIPTION
The subject property. being:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA. COLrNTY OF COLLIER.
LYING IN SECTION 27. TOWNSHIP 48 SOUTH. RANGE 26 EAST. AND BEING FURTHER BOUND
AND DESCRIBED AS FOLLOWS:
THE NORTH V, OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTHEAST I/4; THE SOUTH 1/2 OF
THE NORTHEAST I/4 OF THE SOUTHWEST 1/4; THE NORTH 5 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4; THE SOUTH ~ OF THE NOR~ST 1/4 OF THE SOUTHWEST 1/4; THE NORTH
i/~ OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THE SOUTH ¼ OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST I/4 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA LESS THE PORTION THEREOF CONSTITUTION ROAD RIGHT OF WAY FOR COUNTY
ROAD #951. SAID LANDS SITUATE LYING AND BEING IN COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THEREFROM THE EAST 100 FEET OF SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, HAVING BEEN CONVEYED TO THE STATE OF FLORIDA FROM THE USE AND
BENEFIT OF THE STATE ROAD DEPARTMENT OF FLORIDA IN DEED FILED UNDER CLERK'S
FILE No. 37482 IN OFFICIAL RECORDS BOOK 13, AT PAGE 61.
PARCEL CONTAINS 120.85 ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property. is under unified control through contracts for purchase agreements. The
purchaser is Mastercraft Homes, Ltd., hereafter called "applicant or developer".
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located within Section 27, Township 485, Range 26 E, Collier
County. The parcel of approximately 121 acres is located adjacent to and west of CR
951 and approximately 0.6 of a mile south of Immokalee Road. The site is also
adjacent to and directly south of Oak Ridge Middle School.
B. The zoning classification of the subject property, prior to the date of this approved
PUD Document was A/Agriculture.
F E B 0 9 1999
3
1.5 PHYSICAL DESCRIPTION
The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD and
has been or is currently utilized for agricultural crop production or pasture lands. It is,
therefore, generally clear of vegetation. The site has a limited amount of existing vegetation
which is located on the parcel's eastern edge in proximity of CR 951 and the project's
singular proposed access.
The site has the following designation relative to flood -FEMA Flood Area Zone X, Firm
Map Panel 215 of 1125 Community Panel No. 120067 0215 D; Map Revised June 3, 1986.
1.6 - PROJECT DESCRIPTION
Wyndham Park is a planned development consisting of a mixture of single of single family
and multi-family units. Access to the subject parcel will be from the parcel's frontage on CR
951.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Wyndham Park Planned Unit Development
Ordinance."
1-2 F E B 0 9 ]999
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project's 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 Wyndham Park 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
Comprehensive 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 Final Subdivision Plat, Final Site Development Plan, Excavation Permit and
Preliminary. Work Authorization. Where the regulations of this PUD Document fall
to provide developmental standards then the provi.sions of the most similar district
in the County 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 building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Wyndham Park shall become part of the regulations which
govem the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD document or associated exhibits,
the provisions of other land development codes where applicable remain in full force
and effect with respect to the development of the land which comprises this PUD.
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 Land Development Code at the earliest or next to occur of either final SDP
approval, final plat approval, or building permit issuance applicable to this
development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including and use of land for the acreage noted, is iljustrated
graphically bv Exhibit "A", PUD Master Plan.
TABLE I: WYNDHAM PARK ESTIMATED LAND USE SLIMMARY
TYPE UNITS ACREAGE
TRACT A Low to Medium Density Residential 82 21
TRACT B Low' to Medium Density Residential 160 40
TRACT C Low to Medium Density Residential 200 60
This acreage includes open space or recreational areas that may be located w~thin
residential acreage.
Table I is a schedule of the intended land uses, with approximate acreage of the
total project indicated. The arrangement of these land areas is shown on the
Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative
preliminary. development plan. Design criteria and layout that is iljustrated on the
Master Development Plan and other exhibits supporting this project shall be
understood to be flexible so that final design may satisfy development objectives
and be consistent with the project's development, as set forth in this document.
B. Modification to all boundaries may be permitted at the time of Preliminary.
Subdivision Plat or Site Development Plan approval, subject to the provisions of
the Collier County. Land Development Code or as otherwise permitted by this
PUD document.
C. In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public. etc.) shall be established
within or along the various tracts or acreage as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The project shall be developed at a maximum density of 3.66 dwelling units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
-'-- A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the PUD, final plans of all required improvements shall receive appr vat o~..~o~lvg
pp opnate Colher County gov ental agency to insure comphan
9 1999
PUD Master Plan, and as applicable, the Collier County. Subdivisio~ Code and the
platting laws of the State of Florida.
B. Exhibit "A". PUD Master Plan. constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary. Subdivision Plat,
if applicable. shall be submitted for the entire area covered by the PUD Master
Plan. Any division of property. and the development of the land shall be in
compliance with Division 3.2 of the Collier County.' Land Development Code, and
the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier Counw Land Development Code,
when applicable, shall apply to the development of all platted tracts, or parcels of
land as provided in said Division prior to the issuance of a building permit or
other development order.
D. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
E. Except as provided herein, the design and construction of all improvements shall
be subject to compliance with the appropriate provisions of the Collier County
Land Development Code Division 3.2.
F. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a Preliminary, Subdivision Plat in
conformance with the requirements of Division 3.2 of the Collier County, Land
Development Code prior to the submittal of construction plans and a final plat for
any portion of the tract or parcel.
2.6 MODEL HOMES AND SALES FACILITIES
Model homes, model home centers including a sales center(s) shall be permitted in
conjunction with the promotion of the residential development of said tract subject tc the
following:
A. Models may be constructed prior to recording of a plat.
B. Models may be permitted as "dry. models" and must obtain a conditional
certificate of occupancy for model purposes only. Models may not be occupied
until a permanent certificate of occupancy is issued. ~~
2-3 F E B 0 9 1999
C. Models may not be utilized as "sales offices" without approval by aZnd through the
Site Development Plan process. The SDP process shall not be required for dry
models pursuant to this section.
D. Prior to the recording of any plats, metes and bounds legal descriptions shall be
provided to and accepted by Collier County as sufficient for building penit
issuance. Said metes and bounds legal descriptions must meet proposed plat
configurations and all models constructed pursuant hereto shall conform to
applicable minimum square footage, setbacks and the like as set forth herein. If
platting is required, corrective deeds shall be recorded once the plat is recorded.
E. Temporary. access and utility. easements may be provided in lieu of dedicated
fights-of-way for temporary. service to model homes.
2.7 LANDSCAPE BUFFERSt BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Wyndham Park.
2.8 DEVELOPMENT SCHEDULE
The applicant estimates completion of improvements to the property. should occur by
January 2004.
2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County. Land
Development Code, Section 2.7.3.5.
2.10 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of a
Property Owners' Association or another appropriate entity whose function shall
include provisions for the perpetual care and maintenance of all common facilities and
open space subject further to the provisions of the Collier County Land Development
Code, Section 2.2.20.3.8.
2.11 OPEN SPACE REQUIREMENTS
A combination of the lakes, landscape buffers and open space shall meet the 60 percent
open space requirement for development as set forth in Section 2.6.32.2 of the LDC.
Open space shall include all pervious green space within development parcels and lots.
2.12 AGRICULTUtL~L ACTIVITIES
The site has previously been and is currently utilized for agricultural purposes.
Agricultural activities, as defined in the LDC, shall continue to be a permitted use
throughout the project until such time as residential development has commenced.
2.13 EASEMENTS FOR UTILITIES
All necessary. easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time of development approvals.
2.14 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open
spaces, water management facilities shall be the responsibility. of the Developer, their
successor or assign.
2.15 HISTORICAL/ARCHAEOLOGICAL IMPACT
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 Cotmty Code Enforcement Department
coniacted.
2.16 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Wyndham Park
PUD. General permitted uses are those uses which general serve the Developer and
residents of Wyndham Park PUD and are ,typically part of the common infrastructure or
are considered community facilities.
F E B 0 9 1999
2-5
A. General Permitted Uses:
1. Essential services as set forth under Collier County Land Development
Code. Section 2.6.9.1.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses. gatehouses, and access control structures.
5. Communitv and recreational facilities. communi~' centers.
6. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses, subject to
the requirements set forth in the Collier County Land Development Code.
7. Landscape features including but not limited to landscape buffers, berms,
fences and architecturally designed walls.
8. Fill storage subject to the standards set forth in the Collier County Land
Development Code.
9. .~ny other use which is comparable in nature xvith the foregoing uses and
which the Development Services Director determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - eighteen feet
(18') except for guard houses, gatehomes, and access control structures
which shall have no required setback.
2. Sidewalks and bikepaths may occur within required buffers, however the
width of the required buffer shall be increased proportionately to the width
of the paved surface of the sidewalk or bikepath.
- ,, ,
2-6 F E B 0 9 1999
2.17 LAKE SETBACKS AND EXCAVATIONS
The required setback to any right-of-way, roadway access easement or external property,
lines shall be thirty. (30') feet if fenced. The required setback to any property line, tract
line or structures internal to the development or to structures shall be zero (0') feet. Lakes
may be excavated as development excavations to a maximum depth of twenty (20') feet.
2.18 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the project. Fill material
generated may be temporarily stockpiled within areas designated for residential
development. The following standards shall apply:
A. Stockpile maximum slope: 3 to I (horizontal to vertical)
B. Stockpile maximum height: Thirty-five (35') feet
C. Fill storage areas shall be no closer than three hundred (300') feet from any
developed residential properties, except as may otherwise be approved by Collier
Count>, Engineering Review Services pursuant to a submitted grading and filling
plan.
D. Soil erosion control shall be provided in accordarice with the Collier County Land
Development Code, Division 3.7.
In order to properly utilize the fill excavated fi'om the proposed lakes, the site may be
filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC.
2.19 SUBSTITUTIONS TO SUBDIVISION REGULATIONS
The following design substitutions shall apply:
A. LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development
Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform
Traffic Control Devices. Internal street pavement painting and reflective edging
requirements shall be waived.
B. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and
their right-of-way widths shall be fifty (50') feet except as necessary to
accommodate turning lanes at the Project's main entrance.
C. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be
waived. The maximum length of a cul-de-sac street shall be 1,800 feet.
D. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves
shall be waived. N~GENL~ tr/~ .
2-7 F E B 0 9 1999
E. LDC Section 3.2.8.4.16.1 2.d: The requirement for asphaltic courses shall be
waived to allow the use of a surface course of paver brick or decorative concrete
pavement.
2-8 F E B 0 9 1999
SECTION III
LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identi~ specific development standards for the area
designated on Eyahibit "A" as Tracts A. B and C.
3.2 MAXIMUM D%VELLING UNITS
There shall be a maximum of 442 residential units developed within the project' s
residential tracts.
3.3 USES PERMITTED
Residential areas designated on the Master Plan are to accommodate a full range of
residential dwelling units, recreational facilities, essential services, customary, accessory,
uses, and compatible land uses. Multi-family uses shall not be mixed with single family
uses on the same platted tract. Principal uses shall not be developed between dissimilar
permitted use types, specifically, no multi-family type shall be located between single
family detached family structures.
At the continuous lot line between single family detached and multiple family housing
units or a dissimilar housing type, a landscape buffer (separately or on the tract of the
higher density unit) of at least twenty. (20) feet shall be provided. This buffer shall
minimally meet the requirements of the LDC's Type "B" landscape buffer.
No building or structure, or part thereof. shall be erected, altered or used, or land used, in
whole or in part. for other than the following:
A. Principal Uses:
(1) Single family detached, single family attached. cjuster development and
multi-family development.
(2) Duplex and two-family dwellings.
(3) Townhouses and garden apartments/condominiums. ~oO~fl~ ~i7,~
3-1 FEB 0 9 1999
(5) The cjustering or grouping of housing structure types identiBed in this
document may be permitted on parcels of land under unified ownership, or
as may be otherwise provided in Section 2.6.27 of the Collier County
Land Development Code and subject to the provisions of Division 3.3 of
the Collier County Land Development Code.
(6) Open space or preserve area.
(7) Water management facilities and lakes.
(8) Guard houses and entrance gates.
(9) .-xa~y other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
B. Accessory Uses:
(1) Uses and structures that are accessory. and incidental to permitted uses,
--- including private garages.
(2) Recreational uses and facilities such as swimming pools, tennis courts and
children's playground areas and similar facilities that serve as an integral
pan of a residential development. Such uses shall be visually and
functionally compatible ~vith the adjacent residences which have use of
such facilities.
(3) Any other use ~vhich is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
3.4 DEVELOPMENT STANDARDS (See Table II, for greater speci~city)
A. GENERAL: All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided. Generally whenever the word
"setback" is used relative to a measurement be~'een the buildings and a lot line
and/or perimeter boundary of a parcel of land upon which buildings are to be
constructed it shall have the following application:
FRONT YARD: Front yard setbacks shall be measured as follows:
1) If the parcel is served by a public or private fight-of-way, setback is
measured from the adjacent fight-of-way line.
3 -2 F E B 0 9 1999
2) If the parcel is served by a non-platted private drive, setback~ is measured
from the back of curb or edge of pavement.
3) If the parcel is served by a platted private drive. setback is measured from
the road easement or property line.
4) Principal buildings shall be set back a distance sufficient to provide for two
-back to back parking spaces, one of which may be an enclosed space.
5) When principal buildings front upon a common parking area. which in mm
fronts upon a public or private right-of-way or non-platted drive, a
minimum distance of ten (10) feet shall separate the principal building and
any related parking facility., and a green belt often (10) feet shall separate
said right-of-way, or other non-platted private drive from the common
parking area. This shall not prohibit the attachment of enclosed parking
structures to the principal residential structure, however in such uses a
parking apron of at least fifteen (15) feet shall separate the enclosed parking
space from the edge of curb on a private right-of-way without sidewalks or
twenty (20) feet when a setback includes a sidewalk.
B. MAXIMUM HEIGHT
In order to provide a form of a compatibility within the context of existing
residential development within Collier County, the maximum number of stories
permitted shall be three (3) habitable floors for a maximum height of 35 feet.
C. STREET TREE REQUIREMENT
Street trees shall be provided throughout the development. A street tree plan shall
be submitted for staff review and approval as appropriate. Street trees may be
placed within residential lots and shall be installed prior to or concurrent with the
construction of individual dwelling units or structures in proximity to the roadway
or accessway.
FEB 0 9 1999
F'g. '3~I
TABLE I I:
SUMMARY OF DEVELOPMENT STANDARDS FOR .ALL RESIDENTIAL STRUCTURES
MULTIPLE FAMILY STRUCTURES
SINGLE
PERMITTED USES FAMILY ZERO 2-FAMILY/
STANDARDS DETACHED LOT LINE DUPLEX TOWNHOUSE 'APARTMENTS
MIN. LOT AREA PER
STRUCTURE OR
PER DWELLING UNIT 6,000 4,800 2,400 1,800 ONE ACRE
MIN. LOT WIDTH 50 40 24 18 150 FEET
MIN. AVEPAGE
CORD LENGTH 26 26 20 16 18 FEET
MIN. SITE DEPTH 100 100 100 !00 100 FEET
FRONT YARD SETBACK
(i) PRINCIPAL
STRUCTURE 20 18 18 18 25 FEET
(ii) ACCESSORY
FOR MULTI-FAMILY
COVERED PARKING N/A N/A 10' 10' 10' FEET
SIDE YARD SETBACK,
PRINCIPAL AND
ACCESSORY STRUCTURES 7 . 5 5**OR 0** 7 . 5** 7.5*** 15'** FEET
MINIMUM DISTANCE
BETWEEN STRUCTURES 10 10 10 10 15'** FEET
REAR YARD SETBACK
( i ) PRINCIPAL
STRUC~'JRE 20 15 15'* 15'** 15'** FEET
(ii) ACCESSORY
STRUCTURE 10 10 10'* i0'** 5*** FEET
MAX. BUILDING HEIGHT
( i ) ABOVE MFL
100 YEAR 35 35 35 42 42 FEET
(ii) ACCESSORY
STRUCTURE 35 35 35 35 35 FEET
FLOOR AREA
MININFJM/D.U. 1,200 1,000 1,000 1,000 800 S.F.
.............................................................................
Notes:
(1) Walls and similar structures shall have a setback of five <5) feet along the development's
boundaries along public right-of-way and a setback of two (2) feet along other perimeter tract
boundary where not abutting internal development tracts and a maximum P eight of 12 feet as measure
from the lowest centerline grade of the nearest public or private right-of-way or easement.
* 15 FEET IF SETBACK INCLUDES SIDEWALK
TWMN'rY FEET IF SETBACK ENCUMBERS A LAKE'S MA/NTENANCE EASEMENT
OR HALF THE SUM OF THE HEIGHT OF THE STRUCTURES, WHICHEVER IS GREATER; TWEN~"f FEET IF
SETBACK ENCUMBERS A LAKE' S MAINTENANCE EAaEMENT
34 FEB 0 9 1999
"/7
3.5 DEVELOPMENT STANDARDS FOR STRUCTURES WITHIN
RECREATIONAL TRACTS
A. Setbacks
1. Front Yard: 25 feet
' Side Yard: 25 feet
3. Rear Yard: 25 feet
B. Maximum Height: 35 feet or three (3) stories. whichever is least.
C. Minimum Lot Width: 75 feet
D. Minimum Lot Depth: 75 feet
E. Minimum Lot Area: 6,000 square feet
F. Minimum Distance
Between Structures 10 feet
3 -5
FEB 0 9 1999
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
?dl facilities shall be constructed in accordance with Final Site Development Plans. Final
Subdivision Plans and all applicable State and local laws, codes and regulations
applicable to this PUD.
Except where specifically noted or stated otherwise, the standards and specifications of
the Land Development Code, Division 3.2 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, agree to follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title is.
bound by 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 tract or special land use boundaries shall not be
construed to be f'mal and may be varied at any subsequent approval phase such as
at final platting or site development plan application, subject to the provisions of
the Land Development Code and amendments as 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.
424 MONITORING REPORT AND SUNSET PROVISIONS
A. The Wyndham Park PUD shall be subject to the Sunset Provisions ~f St ......
2.7.3.4 of the Land Development Code.
4-1 FEB 0 9 1999
B. Monitoring Report: ,-~ annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County. Land Development Code.
4.5 TRANSPORTATION
The development of the PUD Master Plan shall be subject to and governed by the
following conditions:
A. Arterial level lighting shall be provided at the PUD's access point to public right-
of-way concurrent with the development of the entry. road.
B. The Developer shall provide right turn and left turn lanes at the project's proposed
access from CR 951 concurrent with the development of the entry road. The
Developer shall bear the cost of these improvements which are not subject to
impact fee credits.
C. Under the present two-lane condition of CR-951, the project may enjoy
unconstrained access to and from the north and south.
D. Under any future four-lane or six-lane condition of CR-951, there may or may not
be a median opening to serve the project. Nothing in any development order shall
vest the project with any right of access over and above a right-in/right-out
condition. Neither shall the existence or lack of a future median opening be the
basis for any future cause of action for damages against the County by the project
developer, successor in title or assigns.
E. When requested by the County,, and subject to the approval of the a Developer's
Contribution Agreement for road impact fee credits for the fair market value of
the dedication, pursuant to Ordinance 92-22, as amended, the developer shall
dedicate up to sixty (60) feet of right-of-way along CR 951 for future roadway,
bike path and drainage improvements. Such dedication shall not be deducted
from the PUD property for purposes for determining yards, lot area or lot
dimensions. This dedication shall occur within one hundred and twenty (120)
days of the County's request.
F. Substantial competent evidence shall be provided by the developer to the effect
that the project is designed to provide pass through transmission of historical
roadway runoff. In addition, site drainage shall not be permitted to discharge
directly into any roadway drainage system not specifically designed for such
discharge.
r- NAOG~
FEB 0 9 1999
4-2
__Pg- ~ '/"'/Z'3
4.6 SIGNAGE
Project identification signage for the residential component of this PUD may be
developed at all project entrances in addition to other signage. All signage shall be
subject to the provisions of Division 2.5 of the Land Development Code.
4.7 SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways and
neighborhood residential properties from direct glare or other interference.
4.8 ENVIRONMENTAL
Petitioner shall provide twenty-five percent (25%) retained native vegetation as required
by Section 3.9.5.5 of the Land Development Code. The location of the retained
vegetation shall be identified as a pan of the submittal for Preliminary Subdivision Plat
(PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the
subject property. Retained vegetation shall be preserved in its entirety with all trees,
understory and ground cover left intact and undisturbed, expect for prohibited exotic
species removal.
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
Environmental Staff. Removal of exotic vegetation shall not be counted towards
mitigation for impacts to Collier County. jurisdictional wetlands.
All conservation 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.
Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward
from the edge of the wetland preserve in all places and averaging twenty-five (25') feet
from the landward edge of wetlands. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the state of Florida Environmental Resource
Permit rules and be subject to review and approval by Current Planning Environmental
Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on the conservation/preservation areas, shall be submitted to Uurre, om~.b.~
N
4-3 FEB 0 9 1999
Planning Environmental Staff for review and approval prior to final site plan/construction
approval.
4.9 WATER MANAGEMENT AND DRA_rNAGE OUTFALL FOR ABUTTING
PROPERTIES
The project is within the limits of the Harvey Drainage Basin Study, and. as such, will
conform to the requirements set forth by the County Water Management Director for
easements and discharge rates. Petitioner shall provide an outfall ditch within a thin5,
(30') foot drainage easement along portions of the project as shown by Exh_ibit F, Water
Management Concept Plan. attached to this PUD document, to provide a drainage outfall
for abutting properties.
4.10 POLLING PLACES
This PUD is subject to the provisions in Section 2.6.30 of the LDC.
4.11 UTILITIES
All required utility services are available for this project. To wit:
Water and Wastewater Disposal: These utility services are to provided by Collier County
Utilities. The Project is proposed to connect to an existing 24" water main on the west
side of CR-951 and to a proposed 8" force main on the east side..
Electric Power: This utility service is to be provided by Florida Power and Light
Company. The Project is proposed to connect to an existing aerial feeder along the
westerly boundary, of the Project adjacent to the existing Harvey Basin ditch.
Telephone: This utility service is to be provided by UTS/Sprint. The Project is proposed
to be connected to existing facilities within the CR-951 fight-of-way.
4.12 PEDESTRIAN CIRCULATION
Subject to the approval of Collier County Public Schools as to location and cross section,
the proposed project improvements will include the construction of a connection of the
internal pedestrian or bicycle circulation system(s) to the abutting campus of Oak Ridge
Middle School.
44 - ] * FEB 0 9 1999
~ pg.
SITE LOCATION MAP
" ~ 01L WIELL ~D.
ORANGET~E
'* ~ PROJ~=CT
r LOCATION
VANOERBUiLT ~EACH
~ ~ ~ ~OLDEN GATE
!D ~TE _~LVD
o ~A~,,O
(,J rNTE~STATE 75 ALLtGATO~ ALLEY
-- I
X DAVIS BLVD.
LL
O
1, SABAL PALM RD.
_.J
\
S1~WART BLVD. , ,
j,
,~ - -'
SECTION 27 TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FEB 0 9 1999
Pg. ..._~__,rT':~
Sanks tngine.fing, 3nr. LOCATION ~AP
~,or.,,o..~ ~,~..., ~,..... ~ ~., S..,yo= WYNDHAM PARK PUD
21~ ~-m~ ~ - ~l 7m N~S ~)A 34102 CO~ER COUNt, FLORIDA
P~: (941~3g-~ r~ (941)g~-2523 5-28-98 ~ N.T.S, 1 1 27--48
EXECUTIVE SUMMARY
TO CONSIDER ENACTMENT INTO LAW AN ORDINANCE TO AMEND THE
AIRPORT AUTHORITY ORDINANCE {NO. 95-67) TO ELIMINATE THE
NUMBER OF TIMES A MEMBER OF THE AIRPORT AUTHORITY MAY BE
RE-APPOINTED TO MEMBERSHIP TERMS ON THE AIRPORT AUTHORITY
OBJECTIVE: To have the Board of County Commissioners consider enactment into
law an Ordinance to amend paragraph A of Section FIVE 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 terms of membership on the Airport Authority.
CONSIDERATION: On November 15, 1998, the Collier County Airport Authority
determined that in its judgment members of the Airport Authority administer the actions
of the Authority much like a Board of Directors of a corporation. Continuation of
corporate memory is generally desirable. The Airport Authority determined that, in its
judgment, it is not in the public interest to place limitations on the number of times
members of the Authority are eligible for re-appointment to terms on the Authority. This
Board, on January 12, 1999, authorized the County Attorney to draft the attached
proposed Ordinance and authorized the Authority to advertise this public hearing. The
attached Ordinance contains an ALTERNATE A or an ALTERNATE B for selection by
the Board. The Clerk will be provided with an Ordinance that contains either
ALTERNATE A or ALTERNATE B.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners, after the public
hearing thereon, consider enactment into law the attached proposed Ordinance and
thereby amend paragraph A of Section FIVE of Ordinance No. 95-67 (the Airport
Authority Ordinance) to eliminate the number of times members of the Authority may be
re-appointed to membership terms on the Airport Authority. ALTERNATE A Section
ONE provides for appointments beyond two (2) full terms by majority vote of the Board.
ALTERNATE B Section ONE provides for appointments beyond two (2) full terms by
unanimous vote of the Board. The Airport Authority requests that the Board select
Alternate A. The Board's Clerk has been provided one Ordinance that contains
ALTERNATE A and with another (alternate) Ordinance that contains ALTERNATE B.
Of course, Chairman Mac'Kie will execute only the Ordinance selected by the Board.
PREPARED BY: Date:
~/~~c~i~iSir,ector
~o,,~ ~,,:i::~-~ ~ :~-:~"""" "'
Michael Williams, Chairman
ORDINANCE NO. 99-
AN ORDINANCE AMENDING PARAGRAPH A OF SECTION
FIVE OF ORDINANCE NO. 95-67, THE AIRPORT
AUTHORITY ORDINANCE, TO ELIMINATE THE
LIMITATIONS ON THE NUMBER OF TIMES A MEMBER
OF THE AUTHORITY MAY BE RE-APPOINTED TO THE
AUTHORITY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE
CODE OF LAWS AND ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, paragraph A of Section FIVE of Ordinance No. 95-
67 (the Airport Authority Ordinance) limits the number of times that
a member of the Airport Authority may be re-appointed to the
Airport Authority; and
WHEREAS, the Airport Authority has requested that the Board
16 of County Commissioners delete from Ordinance No. 95-67
limitations on the number of times a member of the Authority may
be re-appointed to the Authority; and
WHEREAS, because the Airport Authority functions much like a
2o Board of Directors of a corporation, the Board finds that it does not
necessiarily promote the public interest to limit the number of times
22 members of the Authority may be re-appointed to membership of
23 the Authority.
24 NOW, THEREFORE, BE IT ORDAINED BY THE
25 BOARD OF COUNTY COMMISSIONERS OF COLLIER
26 COUNTY, FLORIDA, as follows:
27 SECTION ONE. AMENDMENT TO SECTION FIVE OF
28 COLLIER COUNTY ORDINANCE NO. 95-67. Paragraph A of
29 Section FIVE of Collier County Ordinance No. 95-67 is hereby
3o amended to read as follows:
3~ [ALTERNATE A] MAJORITY VOTE OF BOARD
32 SECTION FIVE. GOVERNING BODY; MEMBERSHIP,
33 APPOINTMENT, TERMS OF OFFICE.
34 A. The governing body of the Authority shall be ;,~,%~g~r~7;--T~.-..--2~
3s of seven (7) members appointed by the Board. Fcr pu~,~ses cflhe
: ....
;~' ~'.:.-
Words underlined are added; words ztrlz!:zn *~ ..... hare]~ deleted.
........ a~cintments, throe ~j
(d) year tcr:::s. Therea~cr, Except when a member is appointed to
fill the remainder of a vacated term, all members shall be appointed
to sere Bur (4) year terms. There are no limitations on the number
of terns that members of the Authority may be re-appointed to the
Author .......................................... ~ ...............
................ ~ .7 years
fo~h in this so:lion z~a!l net be waived and !n the event this
provision conflicts with any other Collier County role, regulation or
ordinance, this provision shall prevail. Upon the expiration of a
member's term of office, such member shall maintain his or her
appointment until the member is either re-appointed or a successor
is appointed by the Board.
~6 [ALTERNATE B[ UNANIMOUS VOTE OF THE BOARD
~7 A. The governing body of the Authority shall be composed of
~s seven (7) members appointed by the Board. E ........... c tha
~9 initial a~cintme.nts, three r~ ~k .... ~,,, ~, ..... ;~.~,~ r .......
(4~ year terms. Theraa~er, Except when a member is appointed to
22 fill the remainder of a vacated term, all members shall be appointed
23 to ses'e four (4) year terms. Unless waived by unanimous vote Of
24 the Board, earl: n~ member shall be limited ta sas'ing sere ~ more
25 than two (2) ~I1 terms except when a member's initial appointment
26 is for a te~ Of less than four (4) years. The t~L'C ~al! te~ !imitaticn
27 ,~, c~.. ;~ 4.;. section shall net ~ waived ~
29 ordinance, this prcvisicn z,~a!! prevail. Upon the expiration of a
30 member's term of office, such member shall maintain
;.'
Nords underlined are added; words -~ ~ ..... ~ are ~ele~ed
appointment until the member is either re-appointed or a successor
is appointed by the Board.
3 SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of
Collier County, this ordinance shall prevail. If any section, phrase,
sentence or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the
remaining portions thereof.
SECTION THREE. INCLUSION IN THE CODE OF LAWS
AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of
the Code of Laxvs and Ordinances of Collier County, Florida. The
sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to
"section", "article", or any other appropriate xvord.
18
~9 SECTION FOUR. EFFECTIVE DATE.
2o This Ordinance shall become effective upon filing xvith the
21 Department of State.
~4c~rds underlined are added; wc~rcls ~4nb~ ~1, ..... ~' are
- 3 -
i PASSED AND DULY ADOPTED by the Board of County
2 Commissioners of Collier
3 County, Florida, this ~ day of ,
4 1999.
5
6 ATTEST: BOARD OF COUNTY COMMISSIONERS
7 Dwight E. Brock, Clerk' COLLIER COUNTY, FLORIDA.
8
9 By: By:
I0 Deputy Clerk Pamela S. Mac'Kie, Chairman
11
22 Approved as to form and
13 legal sufficiency:
14
15
26 Thomas C. Palmer
~7 Assistant County Attorney
18 tcpOrd. Amending Airport Aulhorily Ordinance
words underlined are added; words ctri_-.kcn thrcu~k are deleted.
-4 - ~ ~ , {('
EXECUTIVE SUMMARY
PETITION CU-98-23, A. GLENN SIMPSON, REQUESTING CONDITIONAL USE "1"
OF THE "A" RURAL AGRICULTURAL ZONING DISTRICT FOR EARTHMINING PER
SECTION 2.2.2.3 FOR PROPERTY LOCATED AT 7000 BIG ISLAND RANCH ROAD,
IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 105.32+/- ACRES.
OBJECTIVE:
The Petitioner requests Conditional Use approval, per Section 2.2.2.3 (1) of the Collier
County Land Development Code, for an earth mining operation.
CONSIDERATIONS:
The applicant requests a Conditional Use in order to commence an earth mining
operation. The property is currently used as a citrus grove. The earth mining operation
is planned in phases and will include littoral zone plantings and a perimeter buffer.
The proposed operation will generate noise from the extraction process and from truck
traffic. However, Immokalee Road already has a relatively high volume of truck traffic,
the increase will not be significant. Perimeter buffers will ameliorate some of the effects
of the operation on neighboring properties,
The Environmental Advisory Board heard this petition at its December 2, 1998 meeting.
Letters and speakers in opposition were heard (the objections to the project were based
on water drawdown and traffic concerns), The concerns were addressed by the EAB
and additional conditions were incorporated into the Resolution. At the January 21,
1999 meeting of the Collier County Planning Commission, no objections were heard,
and the CCPC recommended approval by a 6 to 0 vote.
FISCAL IMPACT:
If this petition is approved, the earthmining operation will 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 facil ti-~ ~nd
F E B 0 9 1999
Pcl. /
services, are environmentally sensitive or are in agricultural production. Urbanization is
not promoted, and therefore allowable land uses are of low intensity. A limited selection
of land uses other than low density residential and agricultural is permitted. Among
those is earth mining. Therefore, if the Board of Zoning Appeals approves a Conditional
Use for earth mining, the petition shall be consistent with the Future Land Use Element
of the Growth Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's 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, no survey or Waiver of Historic and Archaeological Survey
& Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
At it's January 21, 1999 meeting, the Collier County Planning Commission voted 6 to 0
to recommend approval of CU-98-23 to the Board of Zoning Appeals, subject to the
conditions in the Resolution. Because of the objections raised at the EAB, this petition
is not eligible for the Summary Agenda.
PREPARED BY:
/
FRED R'EISCHL, SENIOR PLANNER DATE
CURRENT PLANNING
RExVIEWED B:
ALD F.'NINQ, AICP DATE
CURRENT PLANNING MANAGER
,. 1-[ 2
2 F E B 0 9 1999
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: DECEMBER 18, 1998
RE: CU-98-23
PROPERTY OWNER/AGENT:
OWNERS: A. Glenn Simpson
5961 22"d Avenue SW
Naples, FL 34116
Patricia A. Simpson
7000 Big Island Ranch Road
Naples, FL 34120
AGENT: A. Glenn Simpson
5961 22~d Avenue SW
Naples, FL 34116
REQUESTED ACTION:
The Petitioner requests Conditional Use approval, per Section 2.2.2.3 (1) of the Collier
County Land Development Code, for an earth mining operation.
FEB 0 9 1999
FEB 0 1999
LOCATION:
The subject parcel is located south of Immokalee Road in the Big Corkscrew Island
area, in Section 25, Township 47 South, Range 27 East. The site consists of
approximately 105.32 acres.
DESCRIPTION OF PROJECT:
The applicant requests a Conditional Use in order to commence an earth mining
operation. The property is currently used as a citrus grove. The earth mining operation
is planned in phases and will include littoral zone plantings and a perimeter buffer.
SURROUNDING LAND USE & ZONING:
SUBJECT: Primarily developed as a citrus grove and a single
family home; zoned A-MHO
SURROUNDING:
North: Immokalee Road ROW, across which is property
used for agricultural activities and single-family
homes; zoned A-MHO
East: Golden Gate Estates, Unit 47; zoned E
South: Land in active agricultural use; zoned A-MHO
West: Land in active agricultural use; zoned A-MHO
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, and therefore allowable land uses are of low intensity. A limited selection
of land uses other than low density residential and agricultural is permitted. Among
those is earth mining. Therefore, if the Board of Zoning Appeals approves a Conditional
Use for earth mining, the petition shall be consistent with the Future Land Use Element
of the Growth Management Plan.
2 F E B 0 9 1999
HISTORIC/ARCHAEOLOGICAL 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 impact of an earth mining operation 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 earth mining is recognized as a Conditional Use 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 earth mining operation shall have access off Immokalee
Road. There is very little pedestrian activity in this area.
CON: The commencement of an earth mining operation will add truck traffic to
Immokalee Road, primarily between the subject site and the Naples area.
ANALYSIS: Due to the proposed turn lane, the traffic ingress and egress to
the earth mining operation should operate adequately and with an acceptable level
of safety.
3 F E B 0 9 1999
pg. /-4::> .
3. The effect the Conditional Use would have on neighboring properties in
relation to noise, glare, economic or odor effects.
PRO: The Petitioner states that the volume of truck traffic with its associated
noise will be less than that from the existing citrus grove during season. (However,
the earth mining operation can function year-round.)
CON: The effects of noise from the extraction process and from truck traffic will
have an impact on the neighboring properties.
ANALYSIS: The proposed operation will generate noise from the extraction
process and from truck traffic. However, Immokalee Road already has a relatively
high volume of truck traffic, the increase will not be significant. Perimeter buffers will
ameliorate some of the effects of the operation on neighboring properties.
4. Compatibility with adjacent properties and other property in the district.
PRO: The operation will be conducted in phases. The extraction, therefore, will
not be adjacent to the same neighbors during the entire life of the operation. At a
density of one dwelling unit per five acres, the 105-acre site would have potentially
supported 21 single-family homes.
CON: The subject property will no longer be available for agricultural
production. During the life of the operation, there will be noise from the operation of
heavy machinery.
ANALYSIS: Earth mining and the noise generated by the extraction process is
unavoidable in a community experiencing a rapid rate of growth. Rural areas with a
less dense population are the preferred areas for such operations. Therefore, it is
staffs finding that the proposed earthmining operation 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-98-23 to the Board of Zoning Appeals, subject to the stipulations in the
Resolution.
EAB RECOMMENDATION:
The Environmental Advisory Board heard this petition at its December 2, 1998 meeting.
Letters and speakers in opposition were heard (the objections to the project were based
on water drawdown and traffic concerns). The EAB voted 5 to 0, to approve Commercial
Excavation No. 59.667, "Longan Lakes Commercial Excavation" with sl 3ula~oe~s~Tt~_J
4 FEB 0 9 1999
including: no blasting permitted, limited to a bottom elevation of-11.0 feet NGVD, a
required lake littoral zone planting area of 10% of the perimeter, and a 20 foot
maintenance easement around the perimeter of the lake shall be dedicated to Collier
County.
PREPARED BY:
, . /~2. ?~. '~
FREErREISCHL, SENIOR PLANNER DATE
CURREfiT PLANNING
'REVIEWED Ii~tt:
R~I~IiALb F. I',tl~O, ~,ICP DATE
i .
.-- \.~. ),..c~,c~v
-
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
Petition CU-98-23
Scheduled for the January 21, 1999 CCPC meeting. Tentatively scheduled for the
February 9, 1999 BZA meeting.
COLLIER COUNTY PLANNING COMMISSION:
MICHAEL J. BRUET, CHAIRMAN
5 F E B 0 9 1999
f
-ED
· 2 0 1998
Petition No.: C U 9 8 - ~ 3 Date Petition Receive. A:
Commission District: 5' Planner Assigned:
ABOVE TO BE COMPLEIED BY STAFF
1. General Information
Name of Applicant(s) A. Glenn Simpson
Applicant's Mailing Address 5061 22nd Ave. S. W.
city .Naples State Florida Zip 34116
Applicant's Telephone # 941-455-5224 Fax # 941-455-4856
Name of Agent Same ._ Firm
Ag~,at's Mailing Address Same
City Same State Same Zip Same
Agent's Telephone # Same Fax # Same
COLLIER COUNTY COMMUNITY DEVELOPI%tENT
_PLANNING SERVICES/CURRENT PLANNING ' ' .~Zf_~/
2800 N. iiORSESIIOE DRIVE - NAPLES, FL 34104
PIIONE (941) 403-2400/FAX (941) 643-6968
F E B 0 9 1999
APPLICATION FOR PUBLIC HEARING FOR CONDrr!ONAL 1,~E - 6/911 Pg. ~ -~
PAGE I OF 15
2. Disclosurg 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).
Natn~ and Adclf~ss - Pcn:entage of Ownership
A. Glenn Simpson, 5961 22nd Ave. S.W. See Attachment ..
Naples, Florida 34116
Patricia A. Simpso..n, 7000 Big Island - See Attachment ..
Ranch Road
Naples, Florida 34120
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name, Address and Office Percentage of Stock
None
c. If the properly is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address Percentage of lnletest
None
F E B 0 9 1999
FOR PUBLIC !IEARIN_G FOR CON~~ pg. / O
PAGE2 ~F 15
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Adctress Percentage of Ownership
None
e. If fixere is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Adchess Percentage of Ownership
None
Dale of Contract:
f. !f any contingency clause or contract terms involve additional parties, list all
individuals or officers, ira corporation, partnership, or ixusl.
Name and Addrex
None
g. Date subject property acquired ~ leased ( ): 1968 Term offease yr./mos.
If, Petitioner has option to buy, indicate date of option: and date option
terminates: , or anticipated closing date .~o~Er~, ,{~, [
FEB 0 9 1999
h, Should any changes of ownership or changes in contracts for purchase sub', ~"'fi~t Io ""'
the date of application, but prior to Ihe date of the final public hearing, it is the
APPLICATION FOR PUBLIC IIEARING FOR CONDITIONAL US[ -6/9n
PAGE 3 OF 15
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
dislrict, include separale legal description for property involved in each district. Applicant
shall submit four (4) copies of a lecenl 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 cone~t legal description. If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
Section: 25 Township: 47 Range: 27
Lot: Block: Subdivision:
Plat Book Page #: Property I.D.#: See Atached
Metes & Bounds Description:
SW1/4 of NE1/4
4. Siz~ of property_: 2600+- ft. X 1750+- ft. = Total Sq. Ft. Acres 105.32
"" 5. Addrqs/~9_fsubject property; .7000 Big Island Ranch Rd.,
Naples, Flori.d.a 34116
6. ~djacent zoning and land use:
Zoning Land use
N A~ Agriculture
SAg A~lriculture
E Vacent Res. Golden Gate Estates Unit 47
w A g ..A ~lric u Iture
~-- FEB 0 9 1999
~2Jdx;~Tm~'or IUBLIc HEArIN(; FOR CONDITIONAL use- ~'nt pg.
PAGE 4 OF 15
Does property owner own contiguous property to the subject property? lfso, give
complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section: NO Township: Range:
Lot: Block: Subdivision:
Plat Book Page #: Property !.D.#:
Metes & Bounds Description:
Type of Conditional Use: This application is recLu~ting conditional use # of
the Ag district for rn'vE OF USE) Earth Illlrllllg
Present Use of the Property: Citrus Grove
8. Evaluation Criteria: Provide a narrative statement describing this request for conditional
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code,
staff's recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed response to each of the
criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary).
FEB 0 9 999
a. Describe how the project is consistent with the Collier County Land Develo ~ment Code
and G~owth Management Plan (include information on how the request ts consistent
APP! ICATION FOR PUBLIC !IEARLNG FOR CONDFIIONAL
PAGE 5 OF 15
with tile applicable section or portions of file future !and use
element):.The project a.s. submitted is consistent with th Collier County Land
Development Code in that eadh mining is a permitted conditional use
under section 2.2.2.3. Also the rural location and relatively low intensity
of the proposed use are consistent with the Future Land Use Element
of the Growth Management Plan.
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to aulomotive and pedestrian
safety and convcnienc,¢, traffic flow and control, and access in case of fire or
catastrophe: The propoS.ed means of ingress and Egress is via an improvements to the
exssting driveway into the existing citrus grove also known as Big Island Ranch Road. The
owner proposes an eastbound - right turn lane on C. R. 846 to reduce the potential for
interference with traffic on C R 846. The applicant proposes a traffic study during the first
year to determine if a left turn lane is needed for construction during the second year.
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor: The proposed conditional use is an odor free,
non-glare producing, low dust generating and relatively quie! operation The noise levels
should be no greater than the existing citru.s. grove operation 'lhe creation of a large lake
in this area should reduce the long potential for noise and thereby improve the economic
value of neighboring properties.
d. Describe the site's and the proposed use's compatibility with adjacent propefiies and
othex properties in the district: The proposed site is a rural area and the proposed use
!s..highly comparable with adjacent and other properties in the district.
--- FEB 0 9 1999
APPLICATION FOR PUBLICIIE~IaflNG FOe CONDITIONAl, [~[ - 6~11 pg= /~Z ---~_-
PAGE 6 OF 15
e. Please provide any additional information which you may feel is relevant to this
request. A. valilibility of high quality fill material is cdtical to Collier COUntY to SUD, DOrt the
on,qoing development of our community: The existinq citrus grove has questionable long
ferm economic viability and the proposed sand mine has a g.realer Dub!ic benifiUhaG ....
subdividing the land for residential development. This site i~ one of very_ few that can be
put into a mininq operation with no neqative environmentS.! i.rnp. acts
9. Deed Restrictions: The County is legally precluded fxom enforcing deed restrictions,
however, many communities have adopted such res~ctions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
on:let to ascertain wheffier or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the sub_iect 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
heating? No.
11. Additional Submittal l'ea. uirements: In addition to this completed application, the
following must be submitted in order for your application to be deetned sufficient, unless
otherwise waived during the preapplication meeting.
a. A copy of the pre-application meeting notes;
b. Eleven (I 1) copies of a 24" x 36" conceptual site plan [and one reduced 8~" x l l"
copy of site plan], drawn to a maximum scale of ] inch equals 400 fe~t, depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or CCPC];
· all existing and proposed structures and the dimensions theteof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress mid cgte~s to the site and the sttuctttre(s) on site),
FEB 0 9 999
Pg: ,/'-~ ,, __
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided patking and loading, including required parking for the
disabled],
APPLICATION FOR !'UBI.IC ilEARINC FOR CONDFI'IONAL USE -6/qlB
PAGE 7 OF | 5
locations of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or existing landscaping and buffering as may be requited by the
County,
· location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as required by Seelion 3.8. of the Land
Development Code (LDC).
d. Whcthcr or not an EIS is required, two copies of a recent aerial pholograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet, shall
be submitted. Said aerial shall identify plant and/or wildlife habilats and their
boundaries. Such identification shall be consistent with Florida Department of
Tiansportation Land Use Cover and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
""' f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological survey or waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
h. 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.
FEB 0 9 1999
FOr rusucJJearlnc ~or connsnonat ust-e~s pg. /~c~ -~
PAGE 8 OF 15
TRAFFIC IMPACT STATEMENT {TIS):
A TIS is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as determined at the pro-application meeting. Please note the following with regard
to TIS submittals:
~Gcnerally requi~ for conditional use (and fezone) requests for property less than
l0 acres in size, although based on the intensity or unique characler of· petition, a major TIS may
be te~itred for petition often acres or less.
MALO. JLIlJ. LRequircd for all other conditional use (and rczone) requests.
A minor TIS shall include the following:
1. Trip Generalion: Annual Avenge Daily Traffic
(at buildout) Peak iloux (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip Assignment: Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposcd use on affected major thoroughfares, including any anticipated changes in level of
service (LOS).
5. Any proposed improvements (to the site or the external fight-of-way) such as providing or elim~ating an
ingress/egress point, ot providing turn or dccel lanes or other improvements.
6. DescriL, c any proposal to mitigate the negative impacts on the transportation v/ficrrL
7. For Rtzones Only: State how tiffs request is consistent with the applicable policies of the Traffic Circulation
Element CTCE) of the Growth Management Plan (GMP), including policies 1.3, i .4.4.4, 5. !, 5.2,
7.2 and 7.3.
A Major TIS shall addIns all of the items listed above (for · Minor TIS, and shall also include an analyd.s of
lhe following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Pianned/T'roposcd Roadway Improvements
6. Proposed Schedule (Phasing) of Development ...
FEB 0 9 1999
PUBLIC !tEARING FOR C'ONDII'IONALJ~-IT:,:_~! ' ~ '
PAGE 9 OF 15
TRAFFIC IMPACT STATEMENT CFIS) STANDARDS:
The following standards shall be used in preparing a TIS for submittal in conj.nction with a
conditional use or fezone petition:
:1.. Trip Generation: Provide the total traffic generated by the project for each !ink within the
project's Radius of Development Influence (P..DI) in confonnance with the acceptable
traffic engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation
by the petitioner or the County justifies the use of alternative rates.
2. Trip Assi_~nment: Provide a map depicting the assignanent to the network, of those trips
generated by the proposed p~oject. The assignment shall be made to all links within the
RDI. Both annual avcragc and peak seasonal traffic should be depicted.
3. Existin_~ Traffic: Provide a map depicting the cunent traffic conditions on all links within
the RDI. The AADT. PSDT, and LOS shall be depicted for all links within the RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the
applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of
.,~ the GMP.
5. Radius of Developmenl Influence (RDI): The TIS shall cover the least of the following
two areas:
a ) an axea as set forth below; or,
b) the area in which traffic assignments ~om the proposed project on the major
Iho~oughfares cxcceds one percent of the LOS "C".
Residential 5 Miles or as requiied by DRI
Othcx (commercial, industrial, institutional, etc.)
0- 49, 999 Sq. Ft. 2 Miles
50,000 - 99, 999 Sq. Ft. 3 Miles
100,000 - 199, 999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft. 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide thc mcasuremenl in road miles from lhP.
proposed project rather than a geometric radius. .~o0L~
""' FEB 0 9 1999
PAGE 10 OF 15
6. Intersection Analysis: An intcrsoction analysis is required for all intersections within the
RD! where the sum of the peak-hour critical lane volume is projected to excel! 1,200
Vehich;s Per Hour (VPtt).
7. Background Traffic:_ The effects of previously approved but undeveloped or partially
developed projects which may aftoct major thoroughfaxes within the RDI of the proposed
project shall be provided. This information shall be depicted on a map or, alternatively, in a
listing of hose projects and their respective characteristics.
8. ~ An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development Code. This estimate shall be for the projected development
axeas within the projects RDI. A map or list of such !m~ds with potential traffic impact
calculations shall be provided.
9. Throu_eh Traffic; At a minimmn, incre~tses in through traffic shall be addressed through
the year 2015. The methodology used to derive the estimates shall be provided. It may be
desirable to include any additic~nal documentation and backup data to support the
estimation as well.
10. Planned/Proposed Roadway Improv~:ments: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts
of a project are mitigated titrough a phasing schedule, such a phasing schedule may be
made a condition of any approval.
TIS FORM RVB,~JM 10/17/97
FEB 0 9 1999
,
Ar. tlA.CA~ ~uR furl,it nEArriNG FOR CONDITIONAL USE - Itga I Pg '_ '"--~--
PAGE ! 1 OF 15
STATEMENT OF u'FILI'FY PROVISIONS FOR CONDITIONAL USE REOUEST
l, NAME OF APPLICANT: A. Glenn Simpson
2. MAILING ADDRESS: 5961 22nd Ave. S. W.
CITY _Naples ZIP 34116
3. ADDRESS OF $UBJEL'r PROPERTY (IF AVMLABLE): 7000 Biq Island Ranch Rd.
4. LEGAL DESCRIPTION:
Section: 25 Township: 47S Range: 27E
Lot: Block: Subdivision:
~ Plat Book Page #: Property !.D.#:
/Hetes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCIIISED UTILITY SYSTEM []
FROVIDE NAIHE
d. PACKAGE TREATMENT PLANT []
(GPD capacity).
e. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM []
b. CITY UTiI.ITY SYSTEM []
c. FRANCI!ISED UTILITY SYSTEM []
FROVIDE NAPdE
d. PRIVATE SYSTEM (WELl.) [] ,~SeT~FA~/
--- 7, TOTAL POPULATION TO BE SERVED: 2
FEB 0 9 t999
8. FEAK AND AVERAGE DALLY DEMANDS:
A. WATER-PEAK N/A AVERAGE DMLY
B. SEWER-PEAK N/A AVERAGE DAILY
9. IF FROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIRED: N/A .
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statcrnent and
schematic drav, ing of sewage treatment process to be used as well as a specific statement
regard~g the method of effluent and sludge disposal. If percolation ponds arc to be used,
then percolation data and soil involved shall be provided fxom tests prepaxed and certified
by a p~ofessional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATElYlENT: 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 Utililies the water
distribution and sewage collection facilities withill 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 f~s will be paid to the County Utilities Division prior
to the issuance of building pennits by the County. If applicable, the statement shall contain
shall contain an agzeement to dedicate the appropriate utility easements for serving the
water and sewer systems.
12. STA'IEMENT OF AVAILABILITY CAPACITY FROM OTHER !'ROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services from any prorider other than the County, a
statement ~om that provider indicating that there is adequate capacity to serve the project
shall be provided.
Utitit'/fr~vis|on Startroyal KJM 10/17/~7
FEB 0 9 1999
A.~L!.CATION i. OF, rUliI_,C HEA!~|Nt.j FOI,t CONDIUf,~IAL!,I,~.E.~ pg. C~ /
PAGE 13 OF IS
CONDIl IONAL USE APPLICATION
SUBMITTAL CHECKLIST
TIllS COINIPLETED CHECKLIST IS TO BE SUBMITTED WITil APPLICATION
PACKETI
REQUIREMENTS #oF NOT
COPIES REQUIRED REQUIRED
1. Completed Application 11
2~ Copy of Deed(s) and list identifying OWner(s) and ali 1
Partners if a Corporation
3. Completed Owner/Agent Affidavit, Notarized 1
4. Pre-spplication notes/minutes l 1
5.' Conceptual Site Plans 11
"6. Environmental Impact Statement - GELS) 4
"7. ' Aerial Photograph - (with habitat areas Identified) 4
8. Completed Utility Provisions Statement (with required 4
attachments and sketches)
9. Traffic Impact Statcmcnt- (TIS) 4
10. His{oricai& Archaeological Survey or Waiver 4
Application
11. Copies of State and/or Federal Permits 4
"'12L' Ar~'hitectural Rendering of Proposed Structure(s) ..... 4
13.' Application Fee, Check shall be made payable to -
Collier Cotmty Board of Commissioners
14. Oth~:r Requiremerits- __
As the autho,ized agent/applicant fol this petition, I attest that all of the information indicaled on this chccidist is
included in this submittal package. I understand that failure to include all necessary submittal reformation may result
in !he delay of process this petition. --
' Applicant/Agent Sil~ature Dale ' '
FEB 0 9 1999
APPI.ICATION FOR PUBLIC IIEAR|NG FOR CONDITIONAL US£ - &hi -- ~,~t~ ~c:~
We/l. being first duly sworn. depose and say that we/l
am/are the owners of the propet~,, described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the disclosure
of interest information, all sketches, data. and other supplementary matter attached to and made a
part of this application, are honest and true to the best of our knowledge and belief. Well
understand that the information requested on this application must be complete and accurate and
that the content of this fotTn, 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 o~vner We/l further authorize to act
az our/my representative in any matters regarding this Petition.
Signature of Property Owner Signature of Property Owner
T)ped or Printed Name of ChaTter Typed or Printed Name of Ch4,ner
The foregoing in.strument wa~ acknowledged before me this __ day of ,
19 , by who is personally known to me or ha~ produced
as identification.
State of Florida (Signature of Notary Public - State of ·
County of Collier Florida)
(Print. T)~e. or Stamp Comm~ssi ,ned
Name of Notary Public)
FEB 0 9 1999
A~EL/f:&IAD~Ef~i~ rUBLIC ilEARIf'~.~FOR C'O.~[D. IXlCh~AL U~E - 6,'9S
~ f ~ ~ ~ ~ i :4, -:
.
,:. j.:.:.~: .:~,.,: ~,~:/~, .:,:~ :~:. '. ',.' ':,
, ,~ · ? - ~," Z*t, - ,¢,, ~, '-~
Twn. 47S, Rng. 27E, Sec. 25, NEll4 Date: Nov. 1996 s~~/
F E B 0 9 1999
I,ongan Lakes Fill Pit
'Iraffic Analysis Summary
October I1, 1098
hit; oduction
Longan !,aRes is a proposed 81.72-acre fill pi! located on (tie south side ofCR. 8 16
(hmuokalee Road) approximateb' 1.~ miles east of Sanctuary Road.
It is estimated Ihat ahnost all of the t~uck traffic hauling flora the proposed fill pil ~ill travel
~vesm ard on C.R. 816 towrod the Naples/Golden Gale Estates area and telurn xia the same
roule.
~h~ (;en~ation
Conditions
Estimated Excavated Volume P~ Year = 374,000 C.Y.
l'r,ck Volun~e = 18 CY.
I!ours of Operati,n -: 8 hours per day For 250 days per )car
Generation
Truck Traffic
374,000 C.Y./250 Day per Year / 8 llours per Day / 18 C.¥. Yards per Tr,-k
Peak I lour ~ 11 t'~vo-way.lrips Per !tour
ADF ~ 88 lwo Way ]iips Pe~ Day
Emplo}ee and service
Peak hour one way hips 7 to 8 am and 4 to 5 PM
2 One Wa5. ]'~ ips Per Peak ihmr
Total Trips
Peak t lout
8 AM Pea~ I lour Trips Entering
6 PM Peak Ilour Trips Exiting
6 PM Peak I lout ]'rips Exiting
8 PM Peak Itour Trips Exiling
ADF
90 'l'xs't> Way ]'rip, Per Day
FEB 0 9 1999
PROJECT NAME Lonfian Lakes
~c~Tzo. (com,~o~ mSSCRZPTION) 7000 Big Island Ranc. t~. Rd., 1_._5 mile east of
Sanctuan/Rd. on C. R. 846
SUl'29~Y OF WAIVER REQUEST= TIle project is an existing Citrus Grove and is
h,eavily impacted. The site was cleared prior to 1965 and has been a farmed from
~at time until now.
DATE: October 16 1998
SECTION ONE: APPLICANT AND P~OPERTY OWNE_RS~IP DATJ~
A. Name of applicant(s) (if other than property owner, state
relationship such as option holder, contract purchaser, lessee,
trustee, etc.):
A. Glenn Simpson
Mailing Address: 5961 22nd Ave. S.W., NapleS, Florida34116
Phone: (941) 455-5224 ~'AX: 941-455-4856
Page i of 5
F E B 0 9 1999
B. Name of agent(s) for applicant, if any:
Mailing Address:
Phone: ( ) FAX:
C. Name of owner(s) of property, if different than applicant:
NIA
Mailing Address:
Phone: ( ) FAX:
Note: If names in answers to A and/or B are different than
name in C, notarized letter(s) of authorization from
property owner (C) must be attached.
SECTION TWO: Z_U3~J_E~EERTY DATA
A. Legal description of subject property. Answer only I or 2, as
applicable.
1. Within platted subdivision, recorded in official Plat Books
of Collier County.
Subdivision Name: NIA
Plat Book Page Unit Block Lot
Section 25 Township 47 S Range. 27 [
Note: Attach copy of the plat book page (obtainable from
Clerk's Office at the original scale) with subject
property clearly marked.
Page 2 of 5
1999
2. If not in platted subdivision, a complete legat description
must be attached which is sufficiently detailed so as tu
locate said property on County maps or aerial photographs.
The legal description must include the Section, Township and
Range. If the applicant includes multiple ~
parcels, the legal description may describe the perimeter
boundary of the total area, and need not describe each
individual parcel, except where different zoning requests are
made on individual parcels. A boundary sketch is also
required. Collier County has the right to reject any legal
description which is not sufficiently detailed so as to
locate said property, and may require a certified survey or
boundary sketch to be submitted'.
B. Property dimensions
Area: square feet, or 105.32 acres
Width along roadway: 1993 ~.
Depth: 26 W
C. Present use of property: Ci~[~S Glove
D- Present zoning classification: A dcuS ure
SECTIO~ THREE: W__AIVE~ CRITER_IA/~J_~~D_U]~
A. Properties located within an area of Historical/Archaeological
Probability with low pOte~tial for historical/archaeological sites
may petition the Community Development Services Administrator or
his designee to waive the requirement for an Historical/
Archaeological Survey and Assessment. The Community Development
Services Administrator or his designee shall review and act upon
the waiver request within five (5) working days of receiving the
application. The wai~er request shall adequately demonstrate that
the area has low potential for historical/archaeological sites.
Justification shall include, but not limited to the following:
1. Aerial Photograph
2. Historical land use description
3. Description of land cover, land formation and vegetation
The Community Development Services Administrator or his designee
may deny a waiver, grant the waiver, or grant the waiver with
conditions. The decision of the Community Development Services
Administrator or hi~ designee regarding the waiver request shall
be provided to the applicant in writing. In the event of a denial
Page 3 of 5
F E B 0 9 999
of the waiver request, written notice shall be provided stating
the reasons for such denial. Any party aggrieved by a decision of
the Community Development Services Administrator or his designee
regarding a waiver request may appeal to the Preservation Board.
Any party aggrieved by a decision of the Preservation Board
regarding a waiver request may appeal that decision to the Board
of County Commissioners utilizin~ the proced~lre outlined in Sec.
2.2.25.11.
B. Waiver Request Justification.
1. Interpretation of Aerial Photograph
2. Historical Land Use Description:
3. Land, cover, formation and vegetation description:
4. Other:
This provision is to cover instances in which it is obvious that any
archaeological or historic resources which may have existed has been
destroyed. Examples would be evidence that a major building has been
constructed on the site or that an area has been excavated as a quarry.
The Community Development Services Administzato= may seek counsel of
the chairman of the Historic/Archaeological Preservation Board when it
is not completely evident that the site is without archaeological or
historic value.
Page 4 of 5
F E B 0 9 1999
TION FOUR: cE_EBIIEXEAILO
A. The applicant shall be responsible for the accuracy and
completeness of this application. Any time delays or additional
expenses necessitated due to the submittal of inaccurate or
incomplete information shall be the responsibility of the
applicant.
B. All information submitted with the application becomes a part of
the public record and shall he a permanent part of the file.
C. All attachments and exhibits submitted shall be of a size that
will fit or conveniently fold to fit into a legal size (8~" x 14")
folder.
- TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION -
~ECTION FIVEi S 0
A. The Community Services Administrator or designee has made the
following determination:
1. Approved on:
2. Approved with Conditions on: (see attached)
3. Denied on: {see attached)
MISTORIC SURVEY WAIVER/2/3/93/md
Page 5 of 5
F E B 0 9 1999
MetroSca. / Coltier (FL)
O.'ner : Simpson Anlhony Glcnn F~dio ti 0{1106(, 1001}5
('oO.'ner : Lond $.162.125
Site : 7070 Big Island Ranch Rd Naplcs 34120
AhUl : 5961 22rid Arc SW Naples FI 3-1116 .lgric $1 l!.ggO
.~t'ed 01/03/95 l)oc fi : 2016-2332 ibhd $162.125
l}ric:e l)ced : %h.prvd
Loa. ,~tlll ],t~ctll :
I ~sll:)~e ]ntTV
Lender : ,lttltHoll $330,245
Land Use : 0066 Ag~,Orchard,Grox'e. Citn~s Millage : 156397
Legal : 25 47 2~ El/2 OF NEi/4 AND El/2 OF 7hx l)istrict: O017
Subq'lat : 1997 Ih,r: :$2.1162.57
(~nsus : i)'act : Block: l~hone
R: 27E T: 475 S: 25 O.'ncr : 941-455-5224
.5~rap ~ :472725 048.0001C25 7k, nant :
l,t~t ,lcres : 83.48 Lot '%~1 Ft : 3.636.388 ,lit ( 'ond SI,' : .,Idjusted SF :
~qf,$~ories : ~ I~levatt,w
FEB 0 9 1999
7hc' ]n~rmc~litm rh,vldcd Is I)cemcd Rchdhlc. Bla Is/V{~/(;.ar, mtccd
;., ,.. ::., . COURTIIOUIE COMPLEX. IUILDING C.1
'' II ..... IIII I 4 '
RDIDI
WITI:R,~EWER
COMM. IMPROVE.
GIRlAGE
SEE R['VT:::RSE SIDE FOR ~IrJ'HB INFORMATION THIR IRF& ;fir Tll £fil I I:r:T~n'.e, nl;l:l~l: i1~1: flul y
F E B 0 9 1999
MetroScan / Collier (FL)
owner : Simpson A Glenn Fblio It : 0(tl05600004
( ~oOwner : Land : $ IO, ! 64
Site : *No Sile Address* Struct
Alail : 5961 22ml Axe SW Naplcs FI 34 116 ..lgric
Alered : 01/07/94 l)oc fi 191)2-1614 1~tal : $ IO, 164
I'rice $40,t)00 Deed Warranly %bnprvd :
Loan ,lltll Loan Scllcr % Owned
I i'stlj~l~e lntly l~'empt :
],eBdel' : 71lllottHt
Land I rse : 0099 Mist,Acreage Nol Zoned Agricullural Millage : 15.6397
Legal : 25 47 27 WI/2 OF SE!/4 OF NWI/4 OF /~.x' District: 0OI7
Sub lVat : 1997 7hv $158.97
('ensus :?)'act: IHoc~' : l'hon~
R: 27E T: 475 S: 25 Ou'ner 911-455-5224
Strap ~ :472725 O I 5.O002C25 7brunt
l,fa .lores : 4.77 1, r~t Sq /'~ : 207.781 ..lit ('ond SI" : .ldjusted Sf: :
~qf Stories : ~ Eh, vators
FEB 0 e 1999
7 hc' ln[i}~ marion I'rcn,tdcd Is l)eemed RchaHe, But h' Not (
FEB 0 9 1999
MelroScan / ColHer (FL)
Owner : Simpson Anlhony G & Karcn E l;blio
G~Owner : Land $8.456
Site *No Site Addrcss* Struc.t
A~il 5961 22rid Axc SW Naples FI 34116 ..Igric
.~fered 07/01/82 l),c H : 976-1839 7~aal $8.~56
Price $7,50(I l)eed : %hnprvd
Loan. lint 1,,an : % Ou'ned :
I ~stBpe lntT)' : Exemt,t :
Lender ..Imount :
Lamt Use : 0099 Misc. Ac~cage Not Zoned Agricuilural Alill{~e : 15.6397
Legal : 25 47 27 [ii/2 OF SEI/4 OF NW!/4 OF 7bx l)istrict: 0~17
Subl'lat : 1997 7bx: $11224
('enslt.v : ThlCt : Bhu'k : I~hone
R: 27E T: 47S S': 25 Owner : 911-455-5224
Strap ~ :472725 0o1.0082C25 7~,nant :
Lot;lores : 4.77 Lot Sq Ft : 207,781 ,lh' ('omt SF : .lt~'usted SF :
~f St,ries : ~ EIcv,tors :
FEB 0 9 1999
7he h~fi~t mlzl~cnl Pt ov~dclt I.~ I)eemc, d Reh,thh~. But I.~ Not ( hu, anteed.
Metro.¥can z Collier (FL)
Owner : Simpso,~ A Glenn I,blio tl : (J()!05320009
( 'oOu'ner : Land :
Site : 19720 Im lllokalcc Rd Naples 34120 .~t,'ltct : $19.91 I
,~hfil :5961 22nd Ave SW Naplcs FI 34116 .lgric
Alered :01/O7/94 l)oc fl : 1902-1612 7btal : $33,959
Prh:e : $25,000 Deed : Warranly 96h,l,'vd : 59
I,oml .lint : Loan : Seller % Owned
1 ~stl)lw : lnll:v : li:rcmt~t :
Lender : ..lmount
l. amt {~se : O0{12 Rcs. Mobilc Itomc Alillage : 15 6397
Legal : 25 47 27 WI/2 OF NEll4 OF NWI/4 OF 7~.~' l)istrict: 01117
~%ith I'lat 1997 7~ :
( ~nsus : 7?act: I 12.02 BIoc~' : I l'hone
R: 27E 7': 475 S: 25 Owner : 941-455-5224
Strap ~ :472725 00, O002C25 7~nant :
I.ot .,lcres : 4.39 Lot Sq F't : 191.228 .tit (~md SF: 840 ..ldju.~ted SF': 840
~f Stories : ! ~ Elcvato~w :
FEB 0 9 1999
?'hc Int~n mot,m I~tovided Is Deemed Rehable. But Is Not ( ;um,qnteed.
f'g. ~
,.-. ~-,
J {"i~V I ~-j Y~--" [11 k"tk'~ "TIt
'~ ...-4 -,L
J,r~J ' .:' E:M~J!IJID: -k.l' "'~1'~},.~
· %,: '::
'" ' ' ' 'r"l
'
-.,
FEB 0 9 t999
Meo'oScan / Collier (FL)
Owner : Simpson Anthony Glenn & Karcn I,~di. I~ : 0~ 1053600(}1
('oOwner Laml $14,048
Sile *No Sile Address* Struct
,~tail 5961 22rid A~ c SW Naples FI 3.1116 ,lgric
l}red 04/19/88 l)ocH : 1342-1914 7~tal $11.04g
Price $2 i,O00 Deed
Loan .trot l.,an : % On'ned
I i, xtT),pe b~tl}' : Ererapt
Lender :
Land Use : 0099 Misc,Acrcage Not Zoned Agricultural h tillage 15.6397
l.egal : 25 47 27 E I/2 OF NEI/4 OF NWI/4 OF 7hx District 0017
Stb'Plat : 1997 7~_r $219.71
('ensltx : 7)'act : Block: Phone
R: 27E T: 475 S: 25 Owner 911-455-5224
Strap ~ :472725 0o6.00!2C25 7i'nant :
Lot .lcres : 4.39 Lot Sq F~ : 191,228 .lit ( 'ond Slr: .Idjusted SF :
~f,S'tories : ~ Elevators
FEB 0 9 1999
'lhc hlfi~,m,son P~ o~'uicd Is I )cemc, d l~elil~hle. Hut Is Not ( ~um'o~teed. ~ ~ ~
LONGAN LAKES CU-98-23
Existing entrance on Immokalee Road
Property to the north, across Immokalee Road
FEB 0 9 1999
Headwaters of the Golden Gate Main Canal, across which is
Golden Gate Estates Unit 47
Property to the west in agricultural use
F E B 0 9 1999
View to the north into proposed phase I
Existing citrus grove
1999
1 RESOLUTION 99-
2
3
4 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
5 OF EARTHMINING CONDITIONAL USE "1" IN THE
6 ~A" RURAL AGRICULTURAL ZONING DISTRICT
7 PURSU/~NT TO SECTION 2.2.2.3 OF THE COLLIER
8 COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
9 LOCATED IN SECTION 25, TOWNSHIP 47 SOUTH,
]0 RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
1]
12 WHEREAS, the Legislature of the State of Florida in Chapter
13 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
]4 conferred on Collier County the power tc establish, coordinate and
]5 enforce zoning and such business regulations as are necessary for the
]6 protection of the public; and
]7 WHEREAS, the County pursuant ~here~o has adopted a Land
]8 Development Code (Ordinance No. 91-102) which includes a
]9 Comprehensive Zoning Ordinance establishing regulations for the
20 zoning of particular geographic divisions of the County, among which
2] is the granting of Conditional Uses; and
22 WHEREAS, the Collier County Planning Commission, being the duly
23 appointed and constituted planning board for the area hereby
24 affected, has held a public hearing after notice as in said
25 regulations made and provided, and has considered the advisability cf
26 Conditional Use "I" of Section 2.2.2.3 in an "A" Rural Agricultural
27 Zone for earthmining cn the property hereinafter described, and has
28 found as a matter of fact (Exhibit "A") that satisfactory provision
29 and arrangement have been made concerning all applicable matters
30 required by said regulations and in accordance with Subsection
3! 2.7.4.4 of the Land Development Code for the Collier County Planning
32 Commission; and
33 WHEREAS, all interested parties have been given opportunity to
34 be heard by this Board in a public meeting assembled and the Board
35 having considered all matters presented.
36 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
37 Collier County, Florida that:
F E? 0 S 1999
-1-
1
2
3 The petition filed by A. Glenn Simpson with respect to the
4 property hereinafter described as:
5
6 Exhibit "B" which is attached hereto and incorporated by
7 reference herein
8 be and the same is hereby approved for Conditional Use "1" of Section
9 2.2.2.3 of the "A" Rural Agricultural Zoning District for earthmining
]0 in accordance with the Conceptual Master Plan (Exhibit "C") and
]] subject to the following conditions:
12
I3 1. Blasting is not permitted.
]4
]5 2. The excavation is limited to a bottom elevation of -11.0
16 feet NGVD.
17
18 3. A required lake littoral zone planting area of 10% of the
19 perimeter of the shoreline is required prior to final
20 acceptance.
21
22 4. Prior to final acceptance, a 20 foot maintenance easement
23 around the perimeter of the lake shall be dedicated to
24 Collier County with no responsibility for maintenance.
25
26 5. Prior to commencement of earth mining operations, an
27 eastbound turn lane shall be constructed on CR 846. The
28 Collier County Transportation Services Director shall
29 determine the time for construction of a westbound turn
30 lane.
31
32 6. Prior to commencement of earth mining operations, a bond of
33 $25,000 for potential damage to CR 846, shall be posted
34 with the Collier County Transportation Services Director.
35
36 7. The Collier County Transportation Services Director shall
37 determine Road Impact Fees.
38
39 8. The access point to the subject site shall be subject to
40 the Collier County Access Management Plan.
4!
42 9. Pursuant to Section 2.2.25.8.1 of the Land Development
43 Code, if, during the course of site clearing, excavation,
~ or other construction related activity, an historic or
45 archeological artifact is found, all development within the
46 minimum area necessary to protect the discovery shall be
47 immediately stopped, and the Collier County Code
48 Enforcement Director shall be contacted.
49
50 10. The Planning Services Director is authorized to make minor
· 5I changes to the site plan.
52
F E B 0 9 1999
-2-
2 BE IT FURTHER RESOLVED that this Resolution be recorded in the
3 minutes of this Board.
4 This Resolution adopted after motion, second and majority vote.
5 Done this day of , 1999.
6
7
8 BOARD OF ZONING APPEALS
9 COLLIER COLrNTY, FLORIDA
10
1] BY:
12 Chairman
13
14 ATTEST:
15 DWIGHT E. BROCK, Clerk
]7
]9 Approved as to Form and
20 Legal Sufficiency:
22 Marjo~e M. Student
23 Assistant County Attorney
24 f/cu-gs-23 RESOLUTION
25
26
FEB 0 9 1999
-3-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-23
The following facts are found:
1. Section 2.2.2.3.1 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,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DATE: CHAIRMAN:
f/FINDING OF FACT CHAIRMAN/CU-98-23
FEB 0 9 1999
EXhibit "A" -- ~7
LEGAL DESCRIPTION
THE EAST 3./2 OF THE NORTHEAST ~,/4
SECTION 25, T475, R27E
EXHIBIT "B"
F E B 0 9 1999
E~C~IVESUMMARY
AUTHORIZATION OF A 100% IMPACT FEE WAIVER OF ROAD, LIBRARY SYSTEM,
PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM,
.aLND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR A HOUSE TO BE BLILT
BY ROMMY T. SMITH AT 313 GAUNT STREET IN IMMOKALEE, 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, and
Educational Facilities System Impact Fees for one house to be built by Rommy T. Smith, with
funds form the Affordable Housing Trust Fund, Fund (191 ).
CONSIDERATIONS:
Rommy T. Smith has submitted an application for a 100% waiver of impact fees for one (1)
house to be built by Rommy T. Smith at 313 Gaunt Street in Immokalee, 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 $3,929.52.
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
TOTAL IMPACT FEES $3,929.52
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.
F E B 0 9 1999
Executive Summary
Rommy T. Smith Impact Fees
Page Two
RECOMMENDATION:
The Board of County Commissioners approve the Resolution authorizing the waiver of impact
fees for a home to be built at 313 Gaunt Street in Immokalee, Collier County, by Tommy T.
Smith, 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
1/27/99
Prepared by:
~" dreg N~cCbi~'ector i!~"' Date
Housing ahd Urban Improvement
Approved by:
Vincent A. Cautero, AICP, Administrator
Community Development and Environmental Services
jd/c/execsum/smith
FEB 0 9 1999
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 Rommy T. Smith, hereinafter
referred to as "OWNER."
WI TNE S S E T H:
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 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
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 N~EPff, A/,I~MI
FEB 0 9 1999
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 affi3rdable housing
and shall be offered for sale in accordance with the standards set ~;~rth 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
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $3,929.52 pursuant to the
'FEB 0 9 1999
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, 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 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 D~;elling 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 Impact Fee Ordinance are
FEB 0 9 1999
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 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 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 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 avafiable to the
COUNTY. The Board shall be entitled to recover all attorney's fees, incu -red ~~~ ~
F g g 0 9 1999
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.
(2) :
Print Name CfZg rz~,,, L/d;Lt-~,4 komm~y. Smitll
STATE OF FLORA)
CO~TY OF COLLIER)
The foregoing instrument was ac~owledged before me this ~/ day of
1999, by Rosy T. Smith. She is personally ~own to me~
~v~L% JOANNE D~EY
I-8~3-NOTARY Ha N~ ~'i~ & ~&nI ~ ~{~ ~~ /
DATED:
BOARD OF COUNTY COMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWiGHT E. BROCK, Clerk
By:
Pamela S. Mac~de, Chairxvoman
Approved as to form and
Heidi F. Ashton
Assistant County Attorney
jd/c/agreemenVrommysmith N~o~P
F E B 0 9 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 6 AND 7, BLOCK 5, MAINLINE SUBDIVISION, ACCORDING
TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 98, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
FEB 0 9 1999
MAiN LiNE b"UBDIVISION
Being a subdivision of the SW-I/4 of the' SW-!/4 of
Section ~, 'rwi~ 47s.- Rg.29E.Ta llahessee Meridian,
immokalee, Collier Countg, Florida.
Scale= I in = IOOft. October, i950
1322 o
.
~o ' / Tract ~A
II
D. AVE. / ~-: / -= .... · D: AVENUE
·/~ 32 , IO 55 IO
.
~0 12 ~,3 12
.> ~'~ ! 26 16 29 I' 16
V' ~ >_ 16 23 19 26 19 26
Pg.
1 RESOLUTION NO. 99-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COLrNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM
5 IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES,
6 ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES
7 AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE
8 TO BE CONSTRUCTED BY ROMMY T. SMITH AT 313 GAUNT STREET IN
9 IMMOKALEE, COLLIER COUNTY, FLORIDA.
10
11 WItEREAS, Collier County has recognized and attempted to address the lack of adequate and
12 affordable housing for moderate, low, and very-low income households in the County and the need
13 for creative and innovative programs to assist in the provision of such housing by including several
14 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
15 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
16 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the
17 Housing Element; and
18 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
19 Partnership Program set forth in Section 420.907 el. seq., Florida Statutes and Chapter 91-37, Florida
20 Administrative Code; and
21 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
22-.authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers
Collier County !mpact fees; and
24 WHEREAS. Rommy T. Smith is seeking a waiver of impact fees; and
25 WHEREAS, Rommy T. Smith will construct a three (4) bedroom unit (the "Dwelling Unit")
26 at 313 Gaunt Street, Immokalee in Collier County, Florida; and
27 WHEREAS, the Dwelling Unit will be owned by a ve~' low income household, and
28 WHEREAS, Rommy T. Smith submitted to the office of the Housing and Urban
29 Improvement Department an Affordable Housing Application dated October 21, 1998 for a waiver of
30 impact fees for the construction of a house at 313 Gaunt Street in hnmokalee, Collier County,
31 Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and
32 WHEREAS, in accordance with Section 3.04 of the Library System lmpact Fee Ordinance,
33 Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
34 Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance,
35 Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact
36 Fee Ordinance, Ordinance No. 91-71, as an~ended; and Section 3.05 of the Educational Facilities
37 System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver
38 of impact fees by qualifying for a waiver; and
WHEREAS, Rommy T. Smith has qualified for an impact fee waiver based upon the
',~ tOllowing representations made by Rommy T. Smith: NAO~%N~
-l- · FEB 0 9 1999
1 A. The Dwelling Unit shall be owned by a first-time home buyer.
2 B. The Dwelling Unit shall be owned by a household with a very low income level as that
3 term is defined in the Appendices to the respective Impact Fee Ordinances and the
4 monthly payment to purchase the unit must be within the affordable housing
5 guidelines established in the Appendices to the respective Impact Fee Ordinances.
6 C. The Dwelling Unit shall be the Homestead of the owner.
7 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
8 certificate of occupancy is issued.
9 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
10 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
11 1. The Board of County Commissioners hereby authorizes the County Administrator to
12 issue an Authorization for waiver of impact fees to Rommy T. Smith for one (1) house
13 which shall be constructed at 313 Gaunt Street, Imrnokalee, in Collier County, Florida.
14 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for
15 waiver signed by Rommy T. Smith, or other documentation acceptable to the County
16 Attorney, the Board of County Commissioners hereby authorizes the payment by
17 Collier County of the following impact fees from the Affordable Housing. Trust Fund,
18 Fund (191), in the following amounts for the one (1) house to be built at 313 Gaunt
19 Street in Immokalee, Collier County, Florida by Rommy T. Snaith:
20 A. Library Impact Fee $ 180.52
21 B. Road Impact'Fee 1,379.00
22 C. Parks and Recreational Facilities
23 Impact Fee:
24 (1) Regional Parks 179.00
25 (2) Community Parks 399.00
26 D. EMS Impact Fee 14.00
27 E. Educational Facilities System
28 Impact Fee S 1.778.00
29 Total Impact Fees $ 3,929.52
30 3. The payment of impact fees by Collier County is subject to the execution and
31 recordation of an Affordable Housing Agreement for payment of Collier County
32 Impact Fees between the property owner and/or purchaser and the County.
33
34
35 "',
36
-2- FEB (} 9[]99~
his Resolution adopted after motion, second and majority vote favoring same.
3
4
5 DATED:
6
7 ATTEST: BOARD OF COUNTY COMMISSIONERS
8 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
9
10
11 By:.
12 Pamela S. Mac'Kie, Chainvoman
13
14
15
16 Approved as to form and
17 legalsufficiency:
18
21 Heidi F. Ashton
22 Assistant County Attorney
23
24
25
26 j~f/reso/rommysmith
27
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
4g
49
50
51
52
53
54
55
56
- 3' - ' F E 13 0 9 1999
~./~
1
2
3 EXHIBIT "A"
4
5
6
7 LEGAL DESCRIPTION
8
9 ROMMY T. SMITH RESIDENCE
10
11
12
13 LOTS 6 AND 7, BLOCK 5, MAINLINE SUBDIVISION, 313 GAUNT
14 STREET, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
15 BOOK 1, PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
16 FLORIDA.
17
18
-4- FEB 0 9 1999
MAiN LINE SUBDIVISION
,Being a subdivision of the SW-'I/4of the'SW-I/4 of
.-.- Section 3, Twp, 47S.- Rg.29E.Tallal'K3sseeMeridion,
imrnokolee, Collier Countg, Florida.
State I in =IOOf|. October, i950
';/,,,C. AVEN]E
'~4 ~ 2
,o ( tract
~ D. AVE / ~' / --' .... D:- AVENUE ..................
~ ' 12
26 16 29 16 29
~5 ~ Z4 , s8 27
~ : ~ zo 25
--_ E. AVENUE
,.,, F E B 0 9 1999
EXECUTIVE SUMMARY
?" LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80331-053/Mr.
Wallace L Joyce, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara
Showalter, Ms. Patricia Harowkewicz, Ms. Judith J Corso, Ms. Lauren K Bowers,
80514-017/Paul L Riddleberger JR, 80527-094/Shelia Tempelmann, & 80803-
061/Julio Dominguez Estate & John R Dominguez P/R.
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
]"80331-053 Mr. Wallace L Joyce, a. Violation determination 04/07/98 $ 245.00
Mr. Lawrence Joyce, b. Notice of Violation served Undeliverable
Ms. Joan H ,Hubbard, c. Verification of unabated nuisance 07/22/98
Ms. Barbara d. Nuisance abated with public funds 07/28/98
Showalter, e. Owner invoiced for costs 07/31/98 ·
Ms. Patricia
Harowkewicz
Ms. Judith J Corso,
Ms. Lauren K Bowers
80514-017 Paul L Riddleberger a. Violation determination 05/13/98 340.00
JR b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 06/03/98
d. Nuisance abated with public funds 07/06/98
e. Owner invoiced for costs 07/10/98
80527-094 Shelia Tempeimann a. Violation determination 05/26/98 245.00'
b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 07/29/98
d. Nuisance abated with public funds 08/06/98
e. Owner invoiced for costs 08/14/98
80803-061 Julio Dominguez a. Violation determination 08/05/98 245.00
Estate &John R b. Notice of Violation served 08/14/98
Dominguez P/R c. Verification of unabated nuisance 08/28/98
d. Nuisance abated with public funds 09/15/98
-. e. Owner invoiced for costs 09/21/98 --' H:G~poA/_I~.,~:i
F E B 0 9 '1999
FISCAL IMPACT
A total reimbursement of $ 1,075.00 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.
GROWTH MANAGEMENT IMPACT Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the attached Resolutions.
PREPARED BY:
~ Representative
Brideman, C. omer Service
Code Enforcement
REVIEWED BY:
, ',U,-!,'~-:' .... '\eL:.. "-- ;: ~-- ':"='. ~. ~'' DATE:
Julie Belanger, Senior Customer Service Agent
Code Enforcement
REVIEWED BY:
Michelle Edwards Arnold, Director
Code Enforcement
APP~D;: ~ DATE:
Vincent A. Cautero, AICP, Administrator
Community Dev. & Environmental Svcs.
CSce 8 - 6/91
FEB 0 9 1999
, Pg:.~
BOARD OF COUNTY COb~ISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Mr. Wallace L Joyce, 506 Quinnipiac Ave, North Haven, CT 06473
Mr. Lawrence Joyce, 1268 Commercial Ave, Coos Bay, OR 97420
Ms. Joan H Hubbard, 110 High St, Clinton, CT 06413
Ms. Barbara Showalter, 127 Maple St, East Haven, 'CT 06512
Ms. Patricia Harowkewicz, 389 Ocean Ave, West Haven, CT 06516
Ms. Judith J Corso, 128 Robert Dr, East Haven, CT 06512
Ms. Lauren K Bowers, 62 Grove St, Branford CT 06405
REFERENCE 80331-053 #74412200000 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 5, Block D, South Tamiami Heights as recorded and platted in Plat Book 3,
Page 44, 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 Ehe Property Appraiser, are hereby advised that the
Compliance Services Manager, did on 4/9/98, 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".
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, Dy 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 FEB 0 9 1999
Pg.
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
12 assessed 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
]6 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
22 mailing of 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
2~_, hereby assessed the following costs of such abatement, to wit:
NAME: LEGAL DESCRIPTION: COST
31
32 Mr. Wallace L Joyce Lot 5, Block D, South $245.00
33 506 Quinnipiac Ave Tamiami Heights as recorded
34 North Haven, CT 06473 and platted in Plat Book 3,
35 Mr. Lawrence Joyce Page 44, Public records of
36 1268 Commercial Ave Collier County, Florida.
37 Coos Bay, OR 97420
38 MS. Joan H Hubbard
39 110 High St
40 Clinton, CT 06413
4] Ms. Barbara Showalter
42 127 Maple St
43 East Haven, CT 06512
44 Ms. Patricia Harowkewicz
45 389 Ocean Ave
46 West Haven, CT 06516
47 Ms. Judith J Corso
48 128 Robert Dr
50 Ms Lauren K Bowers N
51 62 Grove St
52 Branford CT 06405
54 REFERENCE:
55 80331-053 #74412200000
56 .__..,_.~9. Z~
"' 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
60 in the official records of Collier County, to constitute a lien against such property
61 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 Pamela S. Mac'Kie, Chairwoman
72
73 APPROVED AS TO FORM
74 AND LEGAL SUFFICIENCY:
75
76
77 DAVID WEIGEL
78 COUNTY ATTORNEY
79
80 CSce 11 - 1/1/99
F E B 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Paul L Riddleberger JR
652 -94th Ave N
Naples, FL 34108
REFERENCE 80514-017 #62204520007 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 11, Block 6, NAPLES MANOR EXTENSION, according to the plat thereof, recorded in
Plat Book3, Page 101, 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. Prohibited dumping, accumulation,
storage or burial of litter, waste or abandoned property.
Weeds over 18", also vegetative debris of downed trees & branches.
You failed to abate such nuisance; whereupon, it was abated by the expenditure of public
funds at a direct cost of $ 140.00 and administrative cost of $200.00 for a total of
$ 340.00. 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.
CLERK, BOARD OF COUNTY COMMISSIONERS ~ ~
CSce 9- 1/93
FEB 0 9 1999
__.....__,,,,_
]
2 RESOLUTION NO. 99-
3
4
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 ACCORDANCE
8 WITH ORDIN/LNCE 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
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
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
30
31 Paul L Riddleberger JR Lot 11, Block 6, NAPLES $340.00
32 652 -94th Ave N MANOR EXTENSION, according
33 Naples, FL 34108 to the plat thereof, recorded
34 in Plat Book3, Page 101,
35 of the Public Records of
36 Collier County, Florida.
37
38 REFERENCE:
39 80514-017 #62204520007
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 Pamela S. Mac'Kie, Chairwoman
57
58 APPROVED AS TO FORM
59 AND LEGAL SUFFICIENCY:
60 r d i x
62 DAVID WEIGE~
6t~'' COUNTY ATTORNSY
64 E ? 0 9 !999
65 csce 11 1/1/99
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Sheila Tempelmann
33 University Ave
#1001 Toronto
Ontario Canada MFJ 2S7
REFERENCE 80527-094 #587'72280003 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 56, Block 591 of Marco Beach Unit Twenty-three a Subdivision according to the
Plat thereof, recorded in Plat Book 8 Page 81-83, 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 5/28/98, 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 (30) days after such assessment.
Yoh 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)
~3ls from the date of this assessment to be valid. -- ^GE ~'
CLERK, BOARD OF COUNTY COMHISSIONERS
CSoe 9- Z j93 [EB 0 9 1999
Pq.~
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 nuisances,
11 including prescribed administrative cost incurred by the County, shall be assessed against such
12 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
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 Sheila Tempelmann Lot 56, Block 591 of Marco $245.00
32 33 University Ave Beach Unit Twenty-three a
33 #1001 Toronto Subdivision according to the
34 Ontario Canada MFJ 2S7 Plat thereof, recorded in
35 Plat Book 8 Page 81-83, of
36 the Public Records of Collier
37 County, Florida.
38
39 REFERENCE:
40 80527-094 #58772280003
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 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
5] ATTEST: BOARD OF COUNTY COMMISSIONERS
52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
53
54
55
56 Pamela S. Mac'Kie, Chairwoman
57
58 APPROVED AS TO FORM
62It..--DAVID WEZGEL
63 COUNTY ATTORNEY
65 csce 11 -
F E 8 0 9 1999
__
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Julio Dominguez Estate
John R Dominguez P/R
74 Ashley St
Bridgeport, CT 06610
REFERENCE 80803-061 #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 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 8/7/98, 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
nd shall become a lien cn 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 tc be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- ~/93 FIB 0 9 1999
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 kBATEMENT OF PUBLIC NUISANCE, IN ACCORD~uNCE
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
16
17 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
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
30
3] Julio Dominguez Estate 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 80803-061 #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 Pamela S. Mac'Kie, Chairwoman
57
58 APPROVED AS TO FORM
59 A~ID LEGAL SUFEICIF+NCY:
60 t"
62 ~_DAVID WEIGEL
63~ COUNTY ATTORNEY
64 FEB 0 9 !999
65 CSce 11 - 1/1/99
EXECUTIVE SUMMARY
LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80708-117/Darren
S & Barbara J Filki!l, 80713-027/Michael & Janet Grella, 80713-034/Varnville Corp
% Y Braunschweig, & 80721-030/Edwin & Ines Guerrero
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
80708-117 Darren S & Barbara J a. Violation determination 07/10/98 $ 290.00
Filkill b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/11/98
d. Nuisance abated with public funds 08/20/98
e. Owner invoiced for costs 09/21/98
80713-027 Michael &Janet a. Violation determination 07/08/98 245.00
Gre!la b. Notice of Violation served 07/16/98
c. Verification of unabated nuisance 08/09/98
d. Nuisance abated with public funds 08/20/98
e. Owner invoiced for costs 08/28/98
80713-034 Varnville Corp % Y a. Violation determination 07/14/98 245.00
Braunschweig b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/04/98
d. Nuisance abated with public funds 08/19/98
e. Owner invoiced for costs 08/28/98
80721-030 Edwin & Ines a. Violation determination 07/20/98 245.00
Guerrero b. Notice of Violation served 07/23/98
c. Verification of unabated nuisance 08/14/98
d. Nuisance abated with public funds 08/31/98
e. Owner invoiced for costs 09/04/98
FEB 0 9 1999
FISCAL IMPACT
A total reimbursement of $ 1,025.00 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.
GROWTH MANAGEMENT IMPACT Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the attached Resolutions.
PREPARED BY:
Mei~;~y'ari/tge'haal;' Custo 'er ~rvice Representative
Code Enforcement
REVIEWED BY:
Julie Belanger, Senior Customer Service Agent
Code Enforcement
REVIEWED BY:
Michelle Edwards Arnold, Director
Code Enforcement
A P~;: ~
· ~: ~'-~ _~,
Vincent A. Cautero, AICP, Administrator
Community Dev. & Environmental Svcs.
CSce 8 - 6/91
F E B 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Darren S & Barbara J Filkill
2201 -44th Terrace SW
Naples, FL 34116
REFERENCE 80708-117 #35774240006 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 7, Block 59, GOLDEN GATE, UNIT 2, according to the plat thereof recorded in
Plat Book 5, Pages 65 through 77, 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 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 ~he expenditure of
public funds at a direct cost of $ 90.00 and adminis:rative 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 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 noE 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 dale of this assessment to be valid.
CSce 9- 1/93
F E B 0 9 1999
pg.
. 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
g 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
]g 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~-- NAME: LEGAL DESCRIPTION: COST
Darren S &.Barbara J Filkill Lot 7, Block 59, GOLDEN GATE, $290.00
~2 2201 -44th Terrace SW UNIT 2, according to the plat
33 Naples, FL 34116 thereof recorded in Plat
34 Book 5, Pages 65 through 77,
35 inclusive, Public Records
36 of Collier County, Florida.
37
38 REFERENCE:
39 80708-117 #35774240006
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 Pamela S. Mac'Kie, Chairwoman
56
57 APPROVED AS TO FORM
~"' AND LEGAL SUFFICIENCY:
6] ~"DAVID WEIGEL
62 COUNTY ATTORNEY
64 cSce 11 - 1/1/99
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT'OF LIEN
DATE:
Michael & Janet Grella
729 Jane Dr
Franklin Lakes, NJ 04717
REFERENCE 80713-027 #57853400004 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 17, Block 326, Marco Beach Unit TEN, a subdivision according to the plat
thereof, recorded in Plat Book 6, Pages 74-79, Public Records, 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 caus.e, 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- Z/93 FEB 0 9 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
]] 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
29-- NAME: LEGAL DESCRIPTION: COST
Michael & Janet Grella Lot 17, Block 326, Marco $245.00
~2 729 Jane Dr Beach Unit TEN, a subdivision
33 Franklin Lakes, NJ 04717 according to the plat thereof,
34 recorded in Plat Book 6,
35 Pages 74-79, Public Records,
36 Collier County, Florida.
37
38 REFERENCE:
39 80713-027 #57853400004
40
41
42 The Clerk of the Board shall mail a notice of assessment of lien to the owne'r 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 Pamela S. Mac'Kie, Chairwoman
57
~ APPROVED AS TO FORM
~_~!E~i SU~FIqIENCY; NtGE~AF~I~
61 __'L~. ~ L. ~. ~.
65 CSce 11 - 1/1/99 ~
BOARD OF COUNTY COb~4ISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Varnville Corp
% Y Braunschweig
Bethust 48
Lausanne Switzerland 1012
REFERENCE 80713-034 #59023960000 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 19, Block 787, of a REPLAT OF A PORTION OF MARCO BEACH UNIT TWENT-FIVE,
according to the Plat thereof, recorded in Plat Book 12, Pages 86-89, 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 7/15/98, 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 allen 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
CLERK, BOARD OF COUNTY COMMISSIONERS
FEB 0 9 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
g 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
]g 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
3~'' Varnville Corp Lot 19, Block 787, of a $245.00
% Y Braunschweig REPLAT OF A PORTION OF b~RCO
a. Bethust 48 BEACH UNIT TW~NT-FI~,
34 Lausanne Switzerland 1012 according to the Plat thereof,
35 recorded in Plat Book 12,
36 Pages 86-89, of the Public
37 Records of Collier County.
38 Florida.
39
40 REFERENCE:
41 80713-034 #59023960000
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
5] ATTEST: BOARD OF COUNTY COMMISSIONERS
52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
53
54
55 BY:
56 Pamela S. Mac'Kie, Chairwoman
57
58 APPROVED AS TO FORM
59 ~. !EGA~, SUFFICIENCY:
60 '
61,, i ~'~' (.~ !/ '
_DAVID WEIGEL
COUNTY ATTOR/qEY '
65 csce 11 - 1/1/99
FEB 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Edwin & Ines Guerrero
4526 Meadowood Cir Apt 8
Naples, FL 34116
REFERENCE 80721-030 #36008840003 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 19, Block 110, Unit 3 Part - Golden Gate according to plat thereof
recorded in Plat Book 5, Page 99, 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 7/21/98, 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 no~-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
CLERK, BOARD OF COUNTY COMMISSIONERS
F E B 0 9 1999
CSce 9-1/93
pg. 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 ORDIN~hNCE 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
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 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
Edwin & Ines Guerrero Lot 19, Block 110, Unit 3 $245.00
5~ 4526 Meadowood Cir Apt 8 Part - Golden Gate according
33 Naples, FL 34116 to plat thereof recorded
34 in Plat Book 5, Page 99,
35 of the Public Records of
36 Collier County, Florida.
37
38 REFERENCE:
39 80721-030 #36008840003
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
51 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
52
53
54 BY:
55 Pamela S. Mac'Kie, Chairwoman
56
57 APPROVED AS TO FORM
58 AND LEGAL SUFFICIENCY:
O~-,' RAVID ~EfGEL
62 ' COUNTY ATTORNEY
63
64 CSce - 1/1/99 FEB 0 9 1999
EXECUTIVE SUMMARY
LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S.
80715-113fRichard F McCullough, 80721-062/Mimon Baron, 80722-023/John C
Garrison JR & Virginia Garrison, 80723-072/Lloyd G Sheehan, 80727-043/Bruce T
& Elsye K Whitmer
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
80715-113 Richard F McCullough a. Violation determination 07/17/98 $ 290.00
_ b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/10/98
d. Nuisance abated with public funds 08/17/98
e. Owner invoiced for costs 09/04/98
80721-062 Mimon Baron a. Violation determination 07/24/98 245.00
b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/25/98
d. Nuisance abated with public funds 09/04/98
e. Owner invoiced for costs 09/22/98
80722-023 John C Garrison JR & a. Violation determination 07/21/98 245.00
Virginia Garrison b. Notice of Violation served 08/04/98
c. Verification of unabated nuisance 08/17/98
d. Nuisance abated with public funds 08/31/98
e. Owner invoiced for costs 09/04/98
80723-072 Lloyd G Sheehan a. Violation determination 07/22/98 245.00
b. Notice of Violation served 07/30/98
c. Verification of unabated nuisance 08/20/98
d. Nuisance abated with public funds 08/29/98
e. Owner invoiced for costs 09/04/98
80727-043 Bruce T & Elsye K a. Violation determination 07/23/98 245.00
Whitmer b. Notice of Violation served 07/31/98
., c. Verification of unabated nuisance 08/21/98
d. Nuisance abated with public funds 09/11/98 ...
e. Owner invoiced for costs 09/21/98
FEB 0 9 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 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:
I")'3_I L(,,C&t ~ ~..~j/&L ,Or~.~,,k; DATE:
MelOdy Brid~eman, Cu~omer Se~ice Representative
Code Enforcement
REVIEWED BY:
.~ ~ i~_- \ ;--, 4_ ' DATE:
"" JulieBelanger, Senior Customer Se~iee Agent
Co~ ~nforeement
REVIEWED BY:
/[./::,.,: 4el. ,f___a,'{' ,.,~ .... w'~ :' DATE:
Miche!le Edwards Arnold, Director
Code Enforcement
APPR~Y: ~
Vincent A. Cautero, AICP, Administrator
Community Dev. & Environmental Svcs.
CSce 8 - 6/91
FEB 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Richard F McCullough
255 Cocohatchee Dr
Naples, FL 34110
REFERENCE 80715-113 #77262280002 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 42 & 43, Block 2, Trail Acres, Unit No. 2, in accordance with and
subject to the plat recorded in Plat Book 4, page 62, 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 7/20/98, 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 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 $ 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 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 Val~Eny~,T~
CLERK, BOARD OF COUNTY COMMISSIONERS
csce 9-1/93 FEB 0 9 1999
Pq.
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 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
3] ichard F McCullough Lot 42 & 43, Block 2, Trail $290.00
32 55 Cocohatchee Dr Acres, Unit No. 2, in
33 Naples, FL 34110 accordance with and subject
34 tO the plat recorded in
35 Plat Book 4, page 62, Public
36 Records of Collier County,
37 Florida.
38
39 REFERENCE:
40 80715-113 #77262280002
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 Pamela S. Mac'Kie, Chairwoman
57
58 APPROvED AS TO FORM
59 ~ LEGAL SUFFICIENCY:
61--- ~ ,-( , 'i/~ ~ ~--
67 ~VID WEIGEL
63 SOUNTY ATTOP3qEY
65 CSce 11 - 1/1/99
FEB 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Mimon Baron
399 5th Ave S
Naples, FL 34103
REFERENCE 80721-062 #55200240000 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 6, Lely Country Club, MURFIELD, according to the plat thereof as recorded in
Plat Book 14, Page 75, 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 7/24/98 the abatement of a certain nuisance
existing cn 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.
CSce 9-1/93
FEB 0 9 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 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
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
29" NAME: LEGAL DESCRIPTION: COST
3f
3] ~imon Baron Lot 6, Lely Country Club, $245.00
32 399 -5th Ave S MURFIELD, according to the plat
33 Naples, FL 34103 thereof as recorded in Plat Book
34 14, Page 75, of the Public Records
35 of Collier County, Florida.
36
37 REFERENCE:
38 80721-062 #55200240000
39
40
41 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 Pamela S. Mac'Kie, Chairwoman
56
57~.---APPROVED AS TO FORM
5[ ND LEGkL SUFFICIENCY:
62 COUNTY ATTORNEY
63
64 CSce n 1/ /99 FEB 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
John C Garrison JR &
Virginia Garrison
45878 Cabin Branch Dr
Sterling, VA 20164
REFERENCE 80722-023 #36315760009 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 5, Block 199, Unit 6, Part GOLDEN GATE, according to plat thereof recorded in
Plat Book 5, Page 131 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 7/23/98, 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
cf $ 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.
criERs, BOARD OF COUNTY COMMiSSiONERS
, , ·
CSce 9- Z/93 FEB 0 9 1999
2 RESOLIFTION 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
10 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
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 BO/LRD 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(
31 John C Garrison JR & Lot 5, Block 199, Unit 6, $245.00
32 Virginia Garrison Part GOLDEN GATE, according
33 45878 Cabin Branch Dr to plat thereof recorded
34 Sterling, VA 20164 in Plat Book 5, Page131 of
35 the Public Records of Collier
36 County, Florida
37
38 REFERENCE:
39 80722-023 ~36315760009
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 Pamela S. Mac'Kie, Chairwoman
57
5F \PPROVED AS TO FORM
5. ~D LEGAL S~/FFIpIENCY: ...
62~, ~'Ib' ~E~GEL
63 COUNTY ATTORNEY
65 CSce 11 - 1/1/99
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Lloyd G Sheehan
5600 Tamiami Trl N Ste 1
Naples, FL 34108
REFERENCE 80723-072 #62099080008 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 9, Block 10, NAPLES MANOR ADDITION, according to the Plat thereof
recorded in Plat Book 5, Pages 67 and 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 7/23/98, 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 7allNC~o.E~/~~
CLERK, BOARD OF COUNTY COMMISSIONERS
csce 9-1/93 FEB 0 9 1999
t
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
]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
]9
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 BOILRD 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(
31 Lloyd G Sheehan Lot 9, Block 10, NAPLES $245.00
32 5600 Tamiami Trl N Ste i MANOR ADDITION, according
33 Naples, FL 34108 to the Plat thereof recorded
34 in Plat Book 5, Pages 67
35 and 68, of the Public Records
36 of Collier County, Florida.
37
38 REFERENCE:
39 80723-072 #62099080008
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 Pamela S. Mac'Kie, Chairwoman
57
5FI \gPROVED AS TO FORM
5. ~D LEGAL SUFFICIENCY:
(1 ..,' f --'
62~-~AVID WEIGEL
63 COUNTY ATTORNEY
64 FEB 0 9 1999
65 CSce 11 - 1/1199
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Bruce T. & Elsye K. Whirmet
420 Griffith Ave
Owensboro, KY 42301
REFERENCE 80727-043 #62256160004 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 27, Block 7, Naples Manor Lakes, evidenced by 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 7/27/98, 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.
Weed 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 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.
CSce 9- 1/93
FEB 0 9 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 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 WHERE/IS, 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
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
3r
31 ~ruce T & Elsye K Whitmer 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 80727-043 #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 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 Pamela S. Mac'Kie, Chairwoman
56 APPROVED AS TO FORM
fiX ~ AND EGAL SUFF/CI~NCYi:
6F COUNTY ATTOm~EY
62
CSce - 1/ /99 FEB 0 9 1999
_.,,./a. _
EXECUTIVE SUMMARY
LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S.
80409-027/Mr. Wallace L Joyce, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms.
Barbara Showalter, Ms. Patricia Harowkewicz Ms. Judith J Corso & Ms. Lauren K
Bowers, 80515-025/Eiema S Grossi, 80619-039/Palm Foundation, Inc. & Steven H
Loveless, 80727-089/Andrew C Hanson, & 80821o031/Jennifer S Brandon
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
80409-027 Mr. Wallace L Joyce, a. Violation determination 04/07/98 $ 245.00
Mr. Lawrence Joyce, b. Notice of Violation served Undeliverable
Ms. Joan H Hubbard, c. Verification of unabated nuisance 07/22/98
Ms. Barbara d. Nuisance abated with public funds 07/28/98
Showalter, e. Owner invoiced for costs 09/28/98
Ms. Patricia
Harowkewicz
Ms. Judith J Corso,
Ms. Lauren K Bowers
80515-025 Elena S Grossi a. Violation determination 06/21/98 245.00
b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/16/98
d. Nuisance abated with public funds 08/24/98
e. Owner invoiced for costs 09/04/98
80619-039 Palm Foundation, Inc. a. Violation determination 06/18/98 315.00
% Steven H Loveless b. Notice of Violation served 07/15/98
c. Verification of unabated nuisance 08/07/98
d. Nuisance abated with public funds 09/04/98
e. Owner invoiced for costs 11/02/98
F E B 0 9 1999
hi 80727-089 Andrew C Hanson a. Violation determination 07/24/98 245.00
b. Notice of Violation served 07/31/98
c. Verification of unabated nuisance 08/24/98
d. Nuisance abated with public funds 08/26/98
e. Owner invoiced for costs 09/04/98
80821-031 Jennifer S Brandon a. Violation determination 08/25/98 245.00
b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 09/17/98
d. Nuisance abated with public funds 09/21/98
e. Owner invoiced for costs 10/2/98
FISCAL IMPACT
A total reimbursement of $ 1,295.00 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:
[ t'~X,i~Z'Ct, x t"'~'~,,.C~'~ ,,t~: ,, DATE:
_ ,
Melady Brid~en~an, CuStomer Service Representative
Code Enforcement
REVIEWED BY:
· ~ ;' ~ DATE:
Julie Belanger, Senior Customer Service Agent
Code Enforcement
REVIEWED BY:
·
'2/ ;~ ':¢,:.; -~:~' ---, ~'- DATE:
Miche!le Edwards Arnold, Director
Code Enforcement
Vincent A. Cautero, AICP, Administrator
.._. Community Dev. & Environmental Svcs.
Csce 8 - 6/91 · FEB 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Mr. Wallace L Joyce, 506 Quinnipiac Ave, North Haven, CT 06473
Mr. Lawrence Joyce, 1268 Commercial Ave, Coos Bay, OR 97420
Ms. Joan H Hubbard, 110 High St, Clinton, CT 06413
Ms. Barbara Showalter, 127 Maple St, East Haven, CT 06512
Ms. Patricia Harowkewicz, 389 Ocean Ave, West Haven, CT 06516
Ms. Judith J Corso, 128 Robert Dr, East Haven, CT 06512
Ms. Lauren K Bowers, 62 Grove St, Branford CT 06405
REFERENCE 80409-027 #74412240002 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 6, Block D, South Tamiami Heights as recorded and platted in Plat Book 3,
Page 44, 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 4/9/98, order the abatemenz 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 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 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 Zhe CounLy 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
F S S 0 9 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
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
12 assessed 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
]6 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
21 WHEREAS, the assessment shall become due and payable thirty (30) days after the
22 mailing of 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
2~-- hereby assessed the following costs of such abatement, to wit:
~ NAME: LEGAL DESCRIPTION: COST
3]
32 Mr Wallace L Joyce Lot 6, Block D, South $245.00
33 506 Quinnipiac Ave Tamiami Heights as recorded
34 North Haven, CT 06473 and platted in Plat Book 3,
35 Mr Lawrence Joyce Page 44, Public records of
36 1268 Commercial Ave Collier County, Florida.
37 Coos Bay, OR 97420
38 Ms Joan H Hubbard
39 110 High St
40 Clinton, CT 06413
4] Ms Barbara Showalter
42 127 Maple St
43 East Haven, CT 06512
44 Ms Patricia Harowkewicz
45 389 Ocean Ave
46 -West Haven, CT 06516
47 Ms Judith J Corso
4s Rob.rt
49 East Haven, CT 06512 N
50 Ms Lauren K Bowers
51 62 Grove St
52 Branford cT 06405 FEB 0 9 1999
53
54 REFERENCE:
55 80409-027 #74412240002 pg._ ~
-The Clerk of the Board shall mail a notice of assessment of lien to the owner or
6wners 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 be recorded
60 in the official records of Collier County, to constitute a lien against such property
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:
7] Pamela S. Mac' Kie, Chairwoman
72
73 APPROVED AS TO FORM
74 AND LEGAL SUFFICIENCY:
77 D VID 'WEIGE't. '
78 COUNTY ATTORNEY
79
80 CSce 11 1/1/99
FEB 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Elena S Grossi
510 S Heathwood Ave
Marco Island, FL 34145
REFERENCE 80515-025 #57676400003 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 4, Block 212, of that certain subdivision known as MARCO BEACH, UNIT SEVEN,
according to the map or plat thereof on file and recorded in the office of the
Clerk of the Circuit Court of COLLIER County, Florida, in Plat Book 6, page(s)
55-62.
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 7/6/98, 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 Zhe 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
ays from Ehe date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9-1/93 FEB 0 9 1999
Pg.
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 nuisances,
l] 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
]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,
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] Elena S Grossi Lot 4, Block 212, of that $245.00
32 510 s Heathwood Ave certain subdivision known
33 Marco Island, FL 34145 as M/kRCO BEACH, UNIT SEVEN,
34 .'according to the map or plat
35 thereof on file and recorded
36 in the office of the Clerk
37 of the Circuit Court of COLLIER
38 County, Florida, in Plat Book
39 6, page(s)55-62.
40
4] REFERENCE:
42 80515-025 #57676400003
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:
51
52 ATTEST: BOARD OF COUNTY COMMISSIONERS
53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
54
55
56 BY:
57 Pamela S. Mac'Kie, Chairwoman
58
59 APPROVED AS TO FORM
60 /LKID LEGAL SU.FFICIENCY:
63~.~.~AVID WEIGEL
6~" COUNTY ATTORNEY
66 CSce 11 - 1/1/99
F E B 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Palm Foundation, Inc.
Attn: Steven H Loveless
PO Box 8786
Naples, FL 34101
REFERENCE 80619-039 #67342200006 LIEN NUMBER:
LEGAL DESCRIPTION:
Beginning at the Northwest corner of Lot 14, Block 3, Pine Ridge Second Extension as recorded
in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence Not 39° 53'
10" West 95.76 feet along the joint lot line of Lots 13 and 15 of said Block 3 to a point on a
curve; thence 20.58 feet along the arc of a non-tangential curve concave to the Northwest,
having a radius of 50 feet and subtendedby a chord which bears North 38° 19' 29° East for
20.43 feet; thence South 39° 53' 10" East 113.07 feet, 20 feet Northeasterly and parallel the
common line between Lots 13 and 15 of said Block 3, to the North line of Lot 14 of said Block
3; thence South 83° 24' 10" West 23.93 feet along said North line of said Lot 14, to the Point
of Beginning, being a portion of Lot 13, Block 3, Pine Ridge Second Extension as recorded in
Plat Book 10, page 86, 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
7/9/98, order the abatement of a certain nuisance existing on the above property prohibited by
~-~rdinance 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 $115.00 and administrative cost of $200.00 for a total of $ 315.00. 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 arid 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
"'~iting within thirty (30) days from the date of this assessment to be valid.
CSce 9-1/93
FEB 0 9 1999
] RESOLUTION NO. 99-
2
3
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.
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,
|] 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
26 public nuisance after due and proper notice thereof to the owner of said property, is
27 hereby assessed the following costs of such abatement, to wit:
28
29 NAME: LEGAL DESCRIPTION: COST
30 Palm FoUndation, inc. Beginning at the Northwest Ridge corner $315.00
3| Attn:Steven H Loveless of Lot 14, Block 3, Pine Second Extension
32 Po Box 8786 as recorded in Plat Book 10, page 86 of
33 Naples, FL 34101 the Public Records of Collier County,
34 Florida; thence Not 39° 53' 10" West95.76
35 feet along the joint lot line of Lots 13
36 and 15 of said Block 3 to a point on a
37 curve; thence 20.58 feet along the arc of a
38 non-tangential curve concave to the Northwest,
39 having a radius of 50 feet and subtended by
40 a chord which bears North38° 19' 29° East
4] for 20.43 feet; thence South 39053' 10" East
42 113.07 feet, 20 feet Northeasterly and parallel
43 the common line between Lotsl3 and 15 of said
44 Block 3, to the North line of Lot 14 of said Block
45 3; thence South 83° 24'10" West 23.93 feet along
46 said North line of said Lot 14, to the Point
47 of Beginning, being a portion of Lot13, Block 3,
49 Book 10, page 86, of the Public Records of Collier ' '
50 County,Florida.
52 REFERENCE:
53 80619-039 #67342200006
54
55 The Clerk of the Board shall mail a notice of assessment of lien to 21e_.pfi' --------
56 owner or owners of the above described property, and if such owner fails to pay
57 such assessment within thirty (30) days hereof, a certified copy of this
58 Resolution shall be recorded in the official records of Collier County, to
59 constitute a lien against such property according to law, unless such direction is
60 stayed by this Board upon appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
63 DATED:
64
65 ATTEST: BOARD OF COUNTY COMMISSIONERS
66 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
67
68
69 BY:
70 CHAIRMAN
7]
72 APPROVED AS TO FORM
76~/DAVID WEIGEL
77i COUNTY ATTORNEY
78
79 CSce 11 1/1/99
F E B 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Andrew C Hanson
785 -109th Ave N
Naples, FL 34108
REFERENCE 80727-089 #62426200008 LIEN NUMBER:
LEGAL DESCRIPTION:
Naples Park Unit i Blk 15 Lot 3
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 07/27/98, 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.
cLERk, BOARD OF COUNTY CO MmSSZONERS
CSce 9- 1/93
FEB 0 9 1999
RESOLUTION NO. 99-
3
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.
9 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain
10 nuisances, including prescribed administrative cost incurred by the County, shall be assessed
ll against such property; and
12
]3 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
14 reported to the Board of County Commissioners, together with a description of said parcel; and
]5
]6 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
17 property against which made until paid; and
19 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing
20 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%)
21 per 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
25 after due and proper notice thereof to the owner of said property, is hereby assessed the
26 following costs of such abatement, to wit:
27
28 NAME: LEGAL DESCRIPTION: COST
29
Andres C Hanson Naples Park Unit I Blk 15 Lot 3 $245.00
785 -109th Ave N
3~ Naples, FL 34108
33
34 REFERENCE:
35 80727-089 #62426200008
36
37
38 The Clerk of the Board shall mail a notice of assessment of lien to the owner or
39 owners of the above described property, and if such owner fails to pay such assessment
40 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the
4] official records of Collier County, to constitute a lien against such property according to
42 law, unless such direction is stayed by this Board upon appeal of the assessment of the
43 owner.
44 This Resolution adopted after motion, second and majority vote.
45 DATED:
46
47 ATTEST: BOARD OF COUNTY COMMISSIONERS
4g DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
49
50
5] BY:
52 Pamela S. Mac'Kie, Chairwoman
53
54 APPROVED AS TO FORM
55 A/qD LEGAL SUFFICIENCY:
56 i
5g--,"DAvID WEICEL
COUNTY ATTORNEY
AGE A 1
CSce 11 - 1/i/99 No
F E B 0 9 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 80821-031 #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 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 8/25/98, 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 beval~o,~c~~
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9-1/93 FEB 0 9 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
10 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
]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
Jennifer S Brandon Lot 3, Block 66, NAPLES P/~RK, $245.00
D~ 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,
36 Florida.
37
38 REFERENCE:
39 80821-031 #62777640003
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 Pamela S. Mac'Kie, Chairwoman
57
5~. APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
6~'- DAVID wEZGEL
63
coUNTY ATTORNEY FEB 0 9 1999
65 CSce 11 - 1/1/99
EXECUTIVE SUMMARY
LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S.
80706-046/Mary Johnson, 80708-057/Bradar & Company, Inc. Darryl J Damico
80709-062/Edward J & Laverda L Pelc & 80723-057/Eileen Curran.
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
80706-046 Mary Johnson a. Violation determination 07/02/98 245.00
b. Notice of Violation served Undeliverable
" c. Verification of unabated nuisance 08/18/98
d. Nuisance abated with public funds 09/02/98
e. Owner invoiced for costs 09/11/98
80708-057 Bradar &Company a. Violation determination 07/07/98 245.00
Inc. & Darryl J b. Notice Of Violation served Undeliverable
Damico c. Verification of unabated nuisance 08/06/98
d. Nuisance abated with public funds 08/17/98
e. Owner invoiced for costs 08/21/98
80709-062 Edward J & Laverda L a. Violation determination 07/10/98 345.00
Pelc b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/21/98
d. Nuisance abated with public funds 09/15/98
e. Owner invoiced for costs 09/21/98
80723-057 Eileen Curran a. Violation determination 07/22/98 245.00
b. Notice of Violation served 08/08/98
c. Verification of unabated nuisance 08/31/98
d. Nuisance abated with public funds 09/11/98
e. Owner invoiced for costs 09/21/98
FEB 0 9 1999
I=,g. /
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 Enforcement
account # 111-138911.
GROWTH MANAGEMENT IMPACT Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the attached Resolutions.
PREPARED BY:
Melckdy Bridg~m;m, Customer'Service Representative
Code Enforcement
REVIEWED BY:
Julie Belanger, Senior C stome Service Agent
Code Enforcement
REVIEWED BY:
.,",,/Z~.~.i~', j-----<~" z----'e ' DATE:
Michelie Edwards Arnold, Director
Code Enforcement
APPROVED BY:
au~ter ~ DATE: /"'c~ Oc~' 9 9
V o, AICP, Administrator
Community Dev. & Environmental Svcs.
CSce 8 - 6/91
FEB 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
Mary Johnson DATE:
1764 Aquarius CT
Ft Myers, FL 33916
REFERENCE 80706-046 #74030640000 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 20, Block 1, South Immokalee Heights, according to the plat thereof
recorded in Plat Book 3, Page 29, 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 7/6/98, 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.
CLERK, BOARD OF COUNTY COMMISSIONERS ~ ·
csce 9-1/93 FEB 0 9 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 ORDINA/qCE 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
]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 "'
3( NAbTE: LEGAL DESCRIPTION: COST
3]
32 Mary Johnson Lot 20, Block 1, South Immokalee $245.00
33 1764 Aquarius CT Heights, according to the plat
34 Ft Myers, FL 33916 thereof recorded in Plat Book 3,
35 Page 29, Public Records of Collier
36 County, Florida.
37
38 REFERENCE:
39 80706-046 #74030640000
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 Pamela S. Mac'Kie, Chairwoman
56
571.---APPROVED AS TO FORM
5' ND LEG/~L SUFFICIENCY:
61 ....~DAVID WEIGEL
62r COUNTY ATTORNEY
63 FEB 0 9 1999
64 csce 11 - 1/1/99
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Bradar & Company, Inc.
Darryl J Damico
1820 J & C Blvd #10
Naples, FL 34109
REFERENCE 80708-057 #57191760008 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 19, Block 88, of MARCO BEACH UNIT FIVE, a Subdivision according to the plat
thereof, recorded in Plat Pages 39-46, 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 7/9/98, 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".
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
unwarranEed 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 cf this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- m/93 FEB 0 9 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 ACCORDANCE
8 WITH ORDINANCE 91-47.
9
10 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
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
]9
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
3C
3] ~radar & Company, Inc. Lot 19, Block 88, of MARCO $245.00
32 Darryl J D~ico BEACH UNIT FI~'E, a Subdivision
33 1820 J & C Blvd #10 according to the plat thereof,
34 Naples, FL 34109 recorded in Plat Pages 39-46,
35 of the Public Records of
36 Collier County, Florida.
37
38 REFERENCE:
39 80708-057 #57191760008
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 Pamela S. Mac'Kie, Chairwoman
56
57 APPROVED AS TO FORM
5! / / '
62 COUNTY ATTORNEY
64 csce 11 - 1/1/ 9 FEB 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Edward J & Laverda L Pelc
1307 N Kankakee St
Lincoln IL 62656
REFERENCE 80709-062 #35690600005 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 15, Block 2, Unit 1, Part 2, GOLDEN GATE, as recorded in Plat Book 11,
Pages 11 and 12, 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:
Accumulation of prohibited exotics on unimproved land located within 200' of
improved, subdivided property.
Brazilian peppers throughout rear yard.
You failed to 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 of $ 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 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 vali~ee DA ,~ '
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- /93 FEB 0 9 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 ACCORDANCE
8 WITH ORDINANCE 91-47.
9
]0 WHERE3~S, 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 WHEREA~, 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~-- NAME: LEGAL DESCRIPTION: COST
3f
3] ~dward J & Layerda L Pelc Lot 15, Block 2, Unit 1, $345.00
32 1307 N Kankakee St Part 2,GOLDEN GATE, as
33 Lincoln, IL 62656 recorded in Plat Book 11,
34 Pages 11 and 12, Public
35 Records of Collier County,
36 Florida.
37
38 REFERENCE:
39 80709-062 #35690600005
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 zhirty (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 Pamela S. Mac'Kie, Chairwoman
57,-,
5c \PPROVED AS TO FORM
5 ~D LEGAL SUFFICIENCY:
62 C~DAVID WEIGEL
6s coUNTY ATTO EY FEB 0 9 1999
65 CSce !1 - 1/1/99
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Eileen Curran
1232 Woodridge Ave.
Naples, FL 34103
REFERENCE 80723-057 #62101400000 LIEN NUMBER:
LEGAL DESCRIPTION:
Naples Manor ADD BLE 12, LOT 36.
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 7/23/98, 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 val{~Nr~?~~
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9-1/93 FEB 0 9 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 A3ATEMENT 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
13 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
]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~
3C N/~ME: LEGAL DESCRIPTION: COST
3~
32 Eileen Curran Naples Manor i~DD Blk 12, $245.00
33 1232 Woodridge Ave. Lot 36
34 Naples, FL 34103
35
36 REFERENCE:
37 80723-057 62101400000
38
39 The Clerk of the Board shall mail a notice of assessment of lien to the owner or
40 owners of the above described property, and if such owner fails to pay such assessment
41 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the
42 official records of Collier County, to constitute a lien against such property according to
43 law, unless such direction is stayed by this Board upon appeal of the assessment of the
44 owner.
45 This Resolution adopted after motion, second and majority vote.
46 DATED:
47
48 ATTEST: BOARD OF COUNTY COMMISSIONERS
49 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
50
5]
52 BY:
53 pamela S. Mac'Kie, Chairwoman
54
55 APPROVED AS TO FORM
5e~----.- ~ '~,__~_
5 TAVID WEIGEL
60 coUNTY ATTO EY
62 csce 11 1/1/99
FEB 0 9 1999
EXECUTIVE SUMMARY
REQUEST TO APPROVE THE FINAL PLAT OF "WHISPERING WOODS"
OBJECTIVE:
To approve the final plat of "Whispering Woods", a subdivision of
lands located in Section 9, Township 49 South, Range 26 East,
Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Whispering
Woods". 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.
~gineering Review Section recommends that the final plat of
Whispering Woods" 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 $5840.00, to be borne by the
developer.
The cost breakdown is as follows:
a) Drainage,
Paving & Grading - $5840.00
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: $549.28
Fees are based on a construction estimate of
$5840.00 and were paid in December, 1998. ~SD~
FEB 0 9 1999
Executive Summary
Whispering Woods
Page 2
The breakdown is as follows:
a) Plat Review Fee
($425.00 + $ 4./ac) - $450.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - S-O-
Drainage,
Paving, Grading (.425% const. est.)- $ 24.82
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - S-O-
Drainage,
Paving & Grading (1.275% const. est- $ 74.86
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
"Whispering Woods" 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.
FEB 0 9 1999
Executive Summary
Whispering Woods
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas Ef Kuck, P.E. D~te'
Engineering Review Manager
R~berF Mulhere, AICP Date
Planning Services Department Director
APPROVED~: ~
Vincent A. Cautero, AICP, Administrator Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
jrh
FEB 0 9 1999
SHEET 1""-:OF '1'!:'.:-::": "
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FEB 0 9 1999
............ ' .............................. COLLIER COUNTY LAND DEVELOPMENT CODE
,~ :.;, ,.. -: ....
.... CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
PRIOR TO RECORDING OF PLAT
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this
day of 199 between Peggy Bradley, Cynthia A. Rodriguez and Angel R'ene
-- - .... ' Roddguez, hereinafter referred to as "Developer,' and the Board of County Commissioners of
~~- _.?. ~ .~,~.-. Collier County, Flonda, hereinafter referred to as the "Board."
I:--,-: .... ,,! .., ....: .... -: * _-_ 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: WHISPERING WOODS
~~-.--~--~-,,~--~-'~'--~ 2. Division 3,2 of the Collier County Land Development Code allows the Developer to construct
the improvements requded by said subdivision regulations pdor to recording the final plat.
...... ,ow THEREFORE. i. co.sidera, io. of the for, oi.g premise. and m .a, cova.ents
hereinafter set forth, Developer and the Board do hereby convenant and agree as follows:
...... :"~ 1. Developer will cause to be constructed: a 14 foot wide limerock surface access ddve and
~-_:-~:-2h...-~_~;~,-¢,*~.'--=~~~ retention swale within 12 months from the date of approval of said subdivision plat, said
improvements hereinafter referrod to as the required improvements.
2. Developer herewith agrees to construct said improvements pdor 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 secudty in the amount of ~ 584.00, which 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 shall not be considered complete until a statement of substantial
:~-: ..... =:'-:-:---~-:::~:~::=-"~" : ...... completion by Developer's engineer, along with the final project records. have been fumished
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 wdting of his refusal to approve the
,: . :::.=:.:_,:__. - ' : ...... --- :: improvements, therewith specifying those conditions which the developer must fulfill in order
to obtain the Directors 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
,=, ..... :_:_: r .:; - .: '- ' "' Agreement.
6 The Developer shall maintain all required improvements for a minimum pedod of one year
.,_ _~ ..:.. ..... ~ ......... after preliminary approval by the Development Services Director. After the one year
maintenance pedod by the developer has terminated, the Developer shall petition the
..... - ............. -- ........ Development Services Director to inspect the required improvements. The Development
Services Director or his assignee shall inspect the improvements and, if found to be still in
.......... :~ ...... -=- ......- .... compliance with the Collier County Land development Cede as reflected by final approval by the
........... Board, the Board shall release the ten percent subdivision performance security. The
Developers responsibility for maintenance of the required improvements shall continue unless or
until the Board accepts maintenance responsibility for the County.
~. 7. In the event 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
~.::::~..:.-_~: :. ':'~'..;_.2-:_~.~j- ....... -, performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the dght 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 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 fuffill all the provisions of this
agreement.
.......
.-:..; ,~:,, . ,-. Pg.
...........
APPENDIX A -STANDARD LEGAL DOCUMENTS
~ Atl of the terms, convenants and conditions herein contained are and shall be hiding upon the
Developer and the reSpeCtive successors and assigns of the developer.
IN W1TNESS WHEREOF; the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day
of 199
Wittresses Io: Cvrrffiia rlouez
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DV%/1GHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA
By:.
Chairman
(Ord. No.92-73,02; Ord. No.94-58,03, 10-21-94; Ord. No.96-21,03)
AGE A IT
No. ~
FEB 0 9 1999
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "AUTUMN WOODS UNIT
THREE", AND APPROVAL OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of "Autumn Woods Unit Three",
a subdivision of lands located in Section 10, 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 "Autumn
Woods Unit Three". 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.
~gineering Review Section recommends that the final plat of "Autumn
,oods Unit Three" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $651,532.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $221,572.00
b) Drainage,
Paving, Grading - $429,960.00
The Security amount, equal to 110% of the
project cost, is $716,685.20
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: $12269.76
Fees are based on a construction estimat~
$651,532.00 and were paid in December, 1998.
F E B 0 9 1999
/
Executive Summary
Autumn Woods Unit Three
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 529.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $1107.86
Drainage,
Paving, Grading (.425% const. est.- $1827.33
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $3323.59
Drainage,
Paving, Grading (1.275% const. est.) - $5491.88
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
--. "Autumn Woods Unit Three" 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 "Autumn Woods
Unit Three"
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.
F E B 0 9 1999
Executive Summary
Autumn Woods Unit Three
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
~~ '/~,i ,-z~-~
..... "' ~ z- ~ ~ -~
GOODLET'T~--FRANK ROAD
C
THE CRO ;SINGS.
L OC A T I ON HAP
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NO
FEB 0 9 1999
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND .MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered
into this __ __ day of __ , 19 , between CENTEX HOMES, a Nevada General
Partnership authorized to transact business in the State of Florida, 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: AUTUMN WOODS UNIT 3.
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 certain plat of a subdivision to be known as
"Autumn Woods Unit 3", with all infrastructure improvements, including potable water
system, sanitary sewer system, storm drainage system, roadway system and landscaping
consistent with WMBP Project. D-0532-04, Sheets 1 through 16 . The required
improvements will be constructed within eighteen (18) months from the date of approval
of 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 6716,685.00, which
amount represents 110% of the estimated 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.
f:\autwoods\phase3\landdevcode
T
FEB 0 9 1999
Pg,:__ ......... ~
Collier County Land Development Code Page 2.
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 (1)
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 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 County.
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 event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County AdministFator may call upon the
subdivision performance security to secure satisfactory completion, repair and
maintenance of the required improvements, The Board shall have the right 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:\autwoods\phase3\landdevcod
FEB 0 9 1999
Collier County Land Development Code Page 3.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this day of
19
SIGNED, SEALED AND DELIVERED IN
THE PRESENCE OF:
Signat~ue~~J~' CENTEX HOMES, a Nevada General Partnership
/"~'/"'~/~'~'~'~ By: Centex Real Estate Corporation, a Nevada
Printed or Typed Name ' , ' ' g General Partner
Signature
Division President
Printed or Typed Name
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments,
personally appeared, Timothy J. Ruemler, Division President of Centex Real Estate Corporation, Managing
General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnership. He is
personally known to me and did not take an oath.
NOTARY PUBLICS" ' ' ' .d
My Commission Expires:
AG g
f:\autwoods\phase3\landdevcod No. ~
FEB 0 9 1999
Collier Land Development'Code Page 4,
WITNESS: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:.
Signature Chairperson
Printed or Typed Name
Signature
Printed or Typed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
· County Attorney
f:\autwoods\phase3\landdevcod
FEB 0 9 1999
PERFORMANCE BOND
BOND NO. 5977317
KNOW ALL PERSONS BY THESE PRESENTS: That
CENTEX HOMES, a Nevada General Partnership, 6702 Lone Oak Bculevard, Naples, FL 34109,
(hereina~er referred to as "Owner") and SAFECO INSURANCE COMPANY OF AMERICA, 1601 Elm
Street, Suite 2100, Dallas, TX 75201 (hereina~er referred to as "Surety") are held and firmly bound unto
Collier County, Florida (hereina~er referred to as "County"), in the total aggregate sum of Seven
Hundred Sixteen Thousand Six Hundred Eighty Five and no/100 ($716,685.00) in the 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 OBLIGATION is such that whereas the Owner has submitteed for Approval
by the Board a certain subdivision plat named "Autumn Woods, Unit #3", and that certain subdivision
shall include specific improvements which are required by Collier County Ordinances and Resolutions
(hereina~er referred to as "Land Development Regulations"). This obligation of Surety shall commence
on the date this Bond is executed, and shall continue until the date of final acceptance by the Board of
County Commissioners of the specific improvements described in the Land Development Regulation
("The Guaranty Period").
NOW, THEREFORE. if ~e Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period estab]ished by
the County, end the Owner shall satisfy all claims and demands incurred and shaII 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 obligatjon shaII be vo;d,
otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said SureW, for value received hereby. stipulates and agrees ?.hat
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, extension of time, alteration, addition or deletion to the proposed specific
improvements.
FE-B 0 9 1999
Performance Bond Page 2,
PROVIDED, FURTH[ER, that i~ is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind
Owner and the Surety to the full and faithful performance in accordance~"~fith the Land
Development Regulations. The term "Amendment=, wherever used in this Bond, and whether
referring to this Bond, or other documents shah include any alterarisen, addition or modification of
any character whatsoever
SIGNED, SEALED AND DELIVERED IN
THE PRESENCE OF:
CENTEX HOMES, a Nevada General Par't:nership
_ 2' ... Corporation, its Managing General Partner"
· a~/~.,~~_~.,~ TIMOTHY J. RUEMLER -,,
Division President
/ (Signetuj)e)
(Print Name)
oo
State of Rorida
Collier, SS
i HEREBY CERTIFY thai: on this day before me, an officer duly quelled To ~a~ acknowledgments,
personally appeared, Timothy J. Rueruler, Division President of Cantax Real Estate Corporation, ManaSking
General Partner of Cantax Homes, a Nevada General Partnership, on behalf oF the Parmership. He is personally
known To me and did not take an oath.
WITNESS my hand and official seal in the County and 5'zaze lasl: aloresaid this o7~. day of
,19
Lt~;URA M ANCE
My Comm Ella 5/5/2002
· .. FEB 0 9 1999
Performance Bond Page 3.
SIGNED, SEALED AND DEUVE]:iED IN
THE PRESENCE OF:
{Signature)" ' '- (Signa~=t .--~-
E L ~/'~ ,~/,~/~_ ~
A1 l~son Dean
, ' (Prin~ Na~)~ (Print Name}
. Attorne~-~n-fact
(~nt Name)
~tate of Texas "'
:ounty of Dallas
,'~ this 26th day of Januar~ , 19. 99 , before me pe~ona[Iy appeared
A] ]~son Dean . , known to me to be the A~orney-in-Fact
5AFEC0 INSU~NCE C~PANY 0F ~ERI~ , the ~orporation'th~ e~c~ed ~e wi~in
:t~men~, and acMow]edged to me ~at such co~oBtion e~c~ed the same. ..
WITNESS WHEREOF, I have hereun~ set my hand and affi~d my offi~aI seal, at my offi~ in~e
'oresaid count, the day and year in ~is ce~ificate ~m . '. ~-. .~~
' ':
. Deborah Griffith
. Printed Name -
~y ~mmi~ion E~ires: 8-2~-99
LICKED RES~DEN~ AGENT
POWER SAFEC0 INSURANCE COMPANY O~ AMERICA
~ GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME O~FICE: SAFEC0 PLAZA
SEATTLE, WASHINGTON 98185
®SAFEi3O
-- No. 10130
K ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
cor oration, does each here. b.y .oi.nt .. , Texas~.~.....~....~.~.......~........~....
a~p~o "ALLYSON DEAN Dal I ~s ,
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this 19 day of February . ~9 98
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERIC~
"At 'fie V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice
Pro 'ent appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
at-t Ws-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
or' .~ocuments of similar character issued by the company in the course of its business ... On any instrument making or evidencing
s~ 3pointineRt. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
o company. the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided, however.
ti' .~ seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
On any certificate executed by the Secretary or an assistant secretary of the Company se~ing out,
(i) The provisions of Article V. Section 13 of the By-Laws. and
(ii) A copy of the power-of-attorney appointment. executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in fuU force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
l. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and
of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of
Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
,-. FEB 0 9 1999
S-9741EP 1/93 (D Registell d tradl~,,(:r. rk Of SAFECO Corp~ rBtion.
EXECUTIVE SUMMARY
REQUEST TO APPROVE THE FINAL PLAT OF "IMMOKALEE ROAD CENTER"
OBJECTIVE:
To approve the final plat of "Immokalee Road Center", a subdivision
of lands located in Section 25, 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 "Immokalee
Road Center" 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
fmmokalee Road Center" 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 $305,729.06, to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer - $ 54,522.00
b) Drainage,
Paving & Grading $251,207.06
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: $5886.02
Fees are based on a construction estimate of
$305,729.06 and were paid in May, 1998.
FEB 0 9 1999
Executive Summary
Immokalee Road Center
Page 2
The breakdown is as follows:
a) Plat Review Fee
($425. oo + $ 4./ac) - $ 525.08
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 272.61
Drainage,
Paving, Grading (.425% const. est.)- $1067.63
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $ 817.83
Drainage,
Paving & Grading (1.275% const. est- $3202.87
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
"Immokalee Road Center" 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.
FEB 0 9 ~999
Executive Summary
Immokalee Road Center
Page 3
PREPARED BY:
John Ro Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
ThomaF E.' Khck, P.E. ' Date
Engineering Review Manager
Date
Planning Services Department Director
-
APPROV~ , BY: -_ ~
'~"" '~'} , ,, .~' ' -
FEB 0 9 ~999
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FF.:O~'I: F~GI'4CILI E::AREEP' B~:LINI::,~GE F'HCli';E [;..22.. : ..TUN. :1.~ :lg'B.2-t ~Z~_q:kni~l~.l F2
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDi'NG OF PLAT
THIS CONSTRUCTION AND MAD,'TEN.-t.\'CE AGREEMENT FOR SUBDIVISION
t..'v!PROYE~4ENTS PRIOR TO RECORDING OF PLAT AORJEEMENT entered L,',to this
fla.,,' of , I99 between J.D, Nicewonder, Jay D. Nicewonder, Jr.,
Carol.vn Nicewonder, Sherry Nicewonder, and Mark D. Nicewonder, heroinafter referred to as
"Developer", and the Board of County Commissioners of Collier Cotrely, Florida, hereina~er
relaxed to as "The Board",
RECITz~Z,S:
1. Developer has, simult-zmeously with t~e delivery of this Agreement,. applied for the
a.:proval by ~he Board of a certain plat of~ subdivision ~o be kno~ as: lmmoka.~ee Road Censer
PUD.
2. Division 3.2 of the Collier Courtb· United Land D~velopment Code allows
D~-veloper to conswuct the improvements required by ~id subdi,Asion ~egulafions pfio~ ~o recordh:g
the ~na!
NOVv THEREFOR.E, in consideration of the fore~_oing premises .',and mutuai covenants
?.erei:-.-.-..ier set forth, Developer and the Boa. rd d~ hereby covenant a.,~d agree as follows:
I. Developer ~i[1 cause to be construe:otis fire lines m~d potable water distribution
systems. sani~,ar2,.· sewer coJlection systena, water m~_nagement system and wetland creation within
l 8 =:ont~:s fro:n the dat~ of approval of sai~ subdivision plat, said improvements hereinaPer referred
.:a as the required in~provements.
2. Developer herewith agrees to consmace said improvements prior to recording said
s::bdivision plat -m~d the Board of County Commissioners shall no~ ~pprove the p:at for recording
· .=,.til saic[ iraproven:ones have been con~pleted.
3. Upon completion of said improvements, the Developer shah tender its subdivision
p,~rformance securi~ in the amount of S32,037.00 w'.~ich represents i0% of the total contract cos:
:a cor:.p!e~ie construction. Upon receipt of s-add ~ub~ivision performance security by the
Deve!o:~ment Sezwices Director, the Deveioper r.:ay request t:=e Bo~d of County Commissioners to
aFprove t:':e subdivision plat for reeordi=g and gr?_'~t preliminary approv,~l of said p!a:.
4. The required improvements shall not be clansidereal complete until a statement of
s~bstanti~ completion by Developer's engineer along xvith the final project records have bees
fu.~,.ished :o be reviewed and approved by the Development Services Director for conpli-,~nce wi~h
~he Collier Count' La.nd Development Code.
5. The Development Ser, dces Director ~hall, wit_bin six,:y (60) day~ of receipt of the
s:a:ement of substantial completion, either: a) noti~' ~e Developer in writing of his I>re/in:ina-"y
approval of the improvements; or b) notify the Developer in ~vridng of his ref'usal to approve the
FEB 0
06/15/98 08:53 TX/RX N0.4745
f.---,:,r.1: PtGtJrjL~ E,A~E:E.-'. ERUI".I:DI::,G=- F'HtZII'..IE I'4C1. : 3UFI, 15 195E; O'_;:'.,"":LAI'I F'~'
improvements, lhere'¢;hh specifying those conditions which the 'Developer mu~ ~tfiH in order
obt~n ~ D~rcctor's app~val of~c ~mp~v~¢nts. However, in no event sh~dl ~e Deve]opmenc
Sc~'ices Dbec~or re~sc ~¢l~n~ a~ov~ of~e ~provem~B if~ ~e ~ ~c~ co~c~¢d
submitted for approval in accord~ce wlth ~e requf~axen~ of this Aguemeat.
6. The Developer shall maintain ~lt r~uired impmvements for a miniram period of
one year a~e~ prelin~in~ approval by ~e De~'elopment Se~ices Dixeelor. ge~ lhe one
maintepee period by the Develop~ N~ te~nated, ~e ~vetogr sb~ll petition the Development
Sc~'ices Director 1o ~c~ ~ improvements. ~e Developn~em ge~ices Di~ee~or or ~s designee
sh~dl ir~ct ~e improvem~ts ~d, iffo~d to ~ s~l in compli~ce wi~ the Collier Coun~ Land
Developm. ent C~e as ~eBected by final ap~rov~ by ~e Bo~a, ~e Board shall relea~ the ten
percent suMivigion perfommee sec~i~'. ~e Developer's responsibili~ for maintenance of the
req~fired improvements sN~I ~n~uo u~esg or ~t~ the Board accepts maintenan~ regponsibili~,
for t~e Comuy.
7. In the event the Developer shah f~] or neglect to grill jls obligation ~d~ ~s
Agreement, upon ce~i~catioa of such fail~e, ~e Co~ Adminis~atot my car upon
subdivision peffoggce sec~ty to scene satiffacroO' completion, rep~r ~d maintegce of
required improvement. ~e go~d slm[l gve ~ fight to cons~uct ~d ma{,min, or ~use to be
co:~mcted ~d maintained, p~sgt to public adversemerit ~d re~ipt ~d acceptance of bi~, ~e
improvements required herein. The Develop, as principal under the ~Mi~sion peffom~ce
sec~ib', shall be liable to pay ~d to indemi5' ~e Bogd, uNn completion of such contaction,
the fin~ total cost to ~e Bo~d ~ereof, including, but not limi~ea to, engh~eering, legal
continge~t costs, together ~ith ~y dgages, eider dkect or consequentiM, w~ch the Board may
s~stain on account o~' the fail~e of the Developer to ful~lI ou~ ~11 of ~e provisions of ~is
Agreement.
8. All of~:e tern, coven~ts gd con~o~ here~ con~ed ~e ~d shoe be bhding
upon the Developer m:d ~e re~ective successors ~d assigns of the Develogr.
~ X~'I~SS ~X~EOF, ~e Bo~d ~d ~e Developer have eax~d ~s Ageement ~o be executed
by their duly au~o~zed representatives this daN of . 199
FEB 0 9 1999
, Pg.-~ ..~_
06/15/98 08:53 TX/RX NO.4745 P.003 ·
F~:C,'I: AGIICLI __:AF-_=;=~. E~UNDAG-' F'HC,~i_-' NC,. : ..TUbL 15 I?B.'E:: O'B:O2AM F-'
\Vimesses :o .T.D. ~':cew'onder . . , /
P~n~ed ~nie: ~ P~imed N~e and Title
The b~e~oin~
or produced idendEcatio~ . T>'pe of identification produced:
\~,:i:nesses to Jay D. l',Iicewonder, Jr.
/~7
Printed N~e L~d
$~e of J ~/'j. t~
//,...
(',~/
The ~bregoi~g ins~aent was ac~owle~ged before me this /
~ 99S, by 3ay D. Nicewonder, Jr., who p~o~b' appe~ed before ~t and
~/o~ produced identification Type of identification produced:
Not~ Public
My Commission Expires:
Not~' Printed N~e
AGEN I
3 ~o,~
FEB 0 9 1999
06/15/98 08:53 TX/RX N0.4745 P,004
FF,:Or'I: AGNOL! ]~:AEBBR ~RLIt'IDAG= F'HCtNE NC,, : JO~l. 15 '_~8 O'9:B2A~'l F5
%Vitnesses to Carolyn Nice%yonder
.By: - ,~,, ;,.-',~-~
472~d_.) ~ ~~ .. · ~ .. -Z'/'
P ~ % Primed N~e ~d Title
State of ~/~-7//j
The foregoing ins~ment w~s acknowledged beBre me t~s/~/~v of. ~-;~
1998, by Carolyn Nicewonder who personally app~ed before me ~d who is personally kr, o%~
~r produced identification ... T~e of identi~ca~on produced:.
No~' Public
My Co~nission Expires: ~ , 7 3'f ~;~ /
N'o~ P~ted N'aBe
WitBesses to She~' Nice~vond~r
, . . , ,. ..~. .
P~e6 Nine ~d Title
~unb' of ~, -
d/.': ,
The foregoing ins~ent w~ ac~owl~ged ~fore me ~s /f~ffday of
1998, by She~' Niee~'on~e~ ~-ho ~rso~aXly appeal ~Bre me ~4
or produced identification .~ . Type of identification produced:
FEB 0 9 1999
pg. ~
06/15/98 08:53 TX/P,D( N0,4745 P.O05 [
FF:Drd: AGIIOLI ~AR~:ER: BF:LII, IE,AGE PHC!r;E I-;C. : .3sr.i. !t 1'=:~, Eu-;¢~,.: r=
\Vitr, esses to Mark D. Nicewonder
·
~ '7~, ~~ Mark_ _D:. .N_ i cewonder,
Printed Name: ~\: %b r~ I _, ~%S~ Printed Name ~nd Title
State of ~ '/,//.-'L -
~ '-of %>'-, -~-, /- /
.... , /
The foregoing instrument wa-s ach~owledged before me this/~"-~> v
!998, by M=k D. Nicewonder ',vho personall}' apl::ea:ed before me and who is personaliy kno~,~
/ or produced identification . Type of identification produced:
...
~otzry Public ,,.
Notm-y PHntea X'arne
ATTEST: BOARD OF COLTNTY CO..N4J~IISSIONERS
D\ViGHT E. BROCK, CLEP,.K OF COLLIEP, COIjiNTY, FLOR/DA
By:_
~)~r'E~A' S .'~FA~': i~ik/' CHAT RWOMAN
Approved as ~o forn~ and
le ~.al s, J' ,
David B. Wei-,2el
5 ' '
FEB 0 9 7999
06/15/98 08:53 TX/RX N0.4745 P.006 [
EXECUTIVE SUMMARY
APPROVE AN ACCESS EASEMENT TO TWIN EAGLES GOLF & COUNTRY
CLUB, INC., A FLORIDA NON-PROFIT CORPORATION.
OBJECTIVE: Approve an Access Easement to TwinEagles Golf & Country
Club, Inc., a Florida Non-Profit Corporation, TwinEagles Land Group I, LLC, a
Florida Limited Liability Company, TwinEagles Management, LTD., a Florida
Limited Partnership, its sole manager, TwinEagles Development Inc., a Florida
Corporation, its general partner and TwinEagles Community Association Inc., a
Florida Non-Profit Corporation across the Cocohatchee Canal to construct and
utilize a bridge as a connector to Immokalee Road (CR-846).
CONSIDERATION: On September 24, 1955, A. J. Piper and Lucille Piper
executed a Quit Claim Deed recorded in Deed Book 43, Page 237 et seq; of the
Public Records of Collier County conveying a 100 foot strip of land located in
Section 20, Township 48 South, Range 27 East, Collier County, Florida for the
purpose of a drainage easement now known as the Cocohatchee Canal.
Staff contacted the Transportation Services Department to determine if any
special restrictions' regarding the access needed to be addressed prior to the
approval of the Access Easement and none were indicated. The Access
Easement is attached and has been reviewed and approved by the County
Attorney's Office.
TwinEagles Community Association Inc., a Florida Non-Profit Corporation shall
be responsible for the maintenance of the improvements constructed or installed
by Twin Eagles Golf & Country Club Inc. The County reserves the right to
monitor the access and if, in the sole opinion of the County, a safety or
operational problem, or both, becomes evident, then the County may terminate
said easement if the operational or safety problem is not corrected within sixty
(60) days. Also, County shall not be required to compensate Twin Eagles Golf &
Country Club, Inc., for any improvements constructed or installed by Twin Eagles
Golf & Country Club Inc., in the Easement Area.
FISCAL IMPACT: Staff Estimates the total cost of recordation of the Access
Easement in the Public Records of Collier County, Florida will not exceed
$15.00. All costs and expenses to be paid by Twin Eagles Golf & Country Club
Inc.
GROWTH MANAGEMENT: None
'FEB 0 9 1999
, PG. I .
RECOMMENDATION: That the Board of County Commissioners approve the
attached Access Easement to TwinEagles Golf & Country Club Inc., TwinEagles
Land Group I, LLC., TwinEagles Management, LTD., TwinEagles Development
Inc., and TwinEagle Community Association Inc., and authorize the Chairman to
execute the Access Easement; and authorize staff to record the Access
Easement in the Public Records of Collier County, Florida.
'~/~.J ~'~Fda .[/e'a~ Pr~pe'Fty'Specialist
Rea~i'~o;erty ~a~n)ag ment D partment
REVIEWED BY: /~~ DATE:/2- -/)", ~'~
APPROVED B E~d II~chneFT'Admir~strator - DATE:~/-';/) - ~'~'
Public Work Division
FEB 0 9 1999
ACCESS EASEMENT
THIS ACCESS EASEMENT; made and entered into this day of
,19 , by COLLIER COUNTY, a political subdivision of the State
of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112,
its successors and assigns, as Grantor to TWINEAGLES GOLF & COUNTRY CLUB,
INC., a Florida Non-Profit Corporation, TWINEAGLES LAND GROUP I, a Florida
Limited Liability Company, TWINEAGLES MANAGEMENT, LTD., a Florida Limited
Partnership, its sole manager, TWINEAGLES DEVELOPMENT, INC., a Florida
Corporation, its general partner and TWINEAGLES COMMUNITY ASSOCIATION,
INC., a Florida Non-Profit Corporation whose mailing address is 4099 Tamiami Trail,
North Suite 305, Naples, FL 34103, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive access easement, license, and privilege for access over,
under, upon and across the following described lands (the "Easement Area") located in
Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TQ HOLD the same unto the Grantee, together with the right to enter
upon said Easement Area for the purposes of constructing a bridge (and related
improvements) across the Cocohatchee Canal and connecting Grantee's road with
Immokalee Road (CR-846), provided that Grantor shall approve Grantee's plans prior to
construction. Twin Eagles Community Association Inc., a Florida Non-Profit
Corporation shall be responsible for the maintenance of improvements constructed or
installed by Grantee, unless otherwise agreed in writing, by Grantor. If Grantor
determines that a safety or operational problem, or both, exists from Grantee's
utilization of the Access Easement, Grantor shall provide Grantee with written notice
that the Access Easement shall terminate within sixty (60) days unless Grantee has
corrected said operational and/or safety problem within said sixty (60) days. In such
event, Grantor shall not be required to compensate Grantee for any improvements
constructed or installed by Grantee in the Easement Area.
Grantor and Grantee are used for singular or plural, as the context requires.
FEB 0 9 1999
Page 2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk BY:
Pamela S. MacKie, ChaiEwoman
TWINEAGLES GOLF & COUNTRY CLUB
ACCESS EASEMENT
DESCRIPTION
A strip &land lying in the southwest quarter of Section 20, Township 48 South, Range 27 East,
Collier County, Florida, and more particularly described as follows:
Commencing at the southwest comer of said section 20 run N86°00'55"E along the south line of
the southwest quarter of said section 20 a distance of 609.98 feet to the Point of Beginning;
thence run N03°59'05"W 100.00 feet to the north line of a 100 foot wide collier county drainage
right &way; thence run N86°00'55"E along said north line for 100.00 feet; thence leaving said
north line run 803°59'05"E for 100.00 feet to the south line of said section; thence run
S86°00'55"W for 100.00 feet to the Point of Beginning.
Said parcel containing 10,000.00 square feet or 0.23 acres more or less, subject to casements,
restrictions and reservations of record.
Prepared y:
tartly, P.S.M.
Florida Registration No. 1543
McAnly Engineering and Design, Inc.
5101 East Tamiami Trail, Suite 202
Naples, Florida 34113
FEB O 9 1999
Ps.
,,-- EXECUTIVE SUMMARY
ACCEPTANCE OF A DRAINAGE EASEMENT FROM ENCHANTING SHORES CO-OP, INC.
OBJECTIVE: Acceptance of a Drainage Easement from Enchanting Shores Co-Op, Inc., a
Florida corporation, to improve flood control measures in areas draining into Henderson Creek·
CONSIDERATIONS: The Stormwater Management Department has determined the
necessity of obtaining a Drainage Easement from Enchanting Shores Co-Op, Inc., a Florida
corporation, which will enable Collier County to improve existing flood control measures. The
improvements will be beneficial to Enchanting Shores Co-Op, Inc., the fee simple owner, and all
property owners located upstream. Staff has obtained the Drainage Easement by donation.
FISCAL IMPACT: Documentary Stamps and Recording costs in the amount of $26.20 are
available in:
Fund: 001 (General Fund)
Cost Center: 172910 (Stormwater Management Admin.)
GROWTH MANAGEMENT IMPACT: None.
IECOMMENDATIONS: That the Board of County Commissioners accept the attached
Drainage Easement; and authorize staff to record the Drainage Easement and other documents
required to clear title, in the Public Records of Collier County, Florida.
PRE A E ~C:L_~~' Date:
P R
To~T~. Mott', S~nio~:spedalist,~al Property Management Department
Bruce ~4cNall, Stormwater Management Department Coordinator
· .~Bold ~t' Date: /
REVIEWED BY.john t, ormwater Management DepaFtn~t ~i~'Gct'~
APPROVED ~~ Date: /
Ed Ilschner, 'ublic Works Division Administrator
FE~ 0 9 !999
PS.. J
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this 't day of I~c ~,~, ~ p , 19,~ ~-, by
ENCHANTING SHORES CO-OP, INC., a Florida corporation, whose mailing address is 17
Turquoise Avenue, Naples, FL 34114, as Grantor, and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples,
Florida 34112, its successors and assigns, as Grantee,
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other vafuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive,
license, and privilege to enter upon and to install and maintain drainage and utility facilities on
the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated heroin by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land, place, excavate, and remove materials for the purpose of constructing,
operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee are used
for singular or p!ural, as the context requires. The easement granted heroin shall constitute
easements running with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
FIRST WITNESS(_(Sig ature) ., ' i
(Print Name)'
STATE OF
COUNTY OF t4~,,'z,
The foregoing Drainage Easement was acknowledged before me this Z/ day of
E)e_.C~r~ , 1998, by N~cL~..L/'~mr,~,4 'e,~¢t (- n--r~t%4,/2y,~(Print Name of Officer),
Pp~,v~,,~r / d~c.e P~.t (Print ~tte of O~cer) on behalf of ENCRANTING SHORES CO-OF,
INC.. a F(orida Corporation. He/She is personally known to me or who has produced
Z~ce ~ as identification,
(Signature ~Nota~
i" ~:.~.. ~NAL~ J. C0U;UaE (Print Name of Nota~)
~i:z" "~:t ~M~NmCC~O~32 Commission ~ C~ 7~ 2
~'~) ,~P~s~Z'~. My Commission Expires: P/,
_""'L
,~ ,. ,-.., ~
--,-. ;,... ,.,,,,,,,
':' : ~' "': "':~
F fi 9 1999
EXHIBIT .~
Page. ) of .. I
PROJECT NO. Roost Road
PROJECT PARCEL NO. '
TAX PARCEL NO. '
LEGAL DESCRIPTION
A strip of land 40 feet wide for drainage purposes abutting and lying north of the following
described line. The sidelines of said strip are to intersect at the property lines.
Commence at the Southwest comer of the Northeast 1/4 of the Northwest I/4 of Section 11,
Township 51 South, Range 26 East, Collier County, Florida; Thence along the west line of said
fraction of section, N01°43'S0"E, 995.2 feet to the Point of Beginning; Thence S73°30'00"W,
905 feet to the Point of Termination.
---Wesl line of NE 1/4
SKETCH OF LEGAL DESCRII:rrION f NOT A SURVEY ) of N"~V 1/4
~ ,~ Poinl of Beginning
N
Poh~t of Termination
vr-Poin! of Commencement
Northea~ 1/4 of
Northwest 1/4 of Section 11
.................. ~...,
A
· ..- ~, %, '~ .Z.~ '...~' ..
~(~. -~.~LI~'EYOR AND MAPPER
"'..i~R,~SS'D' ~H':
DRAWN BY: RSG 2g00,,Ni}]~1~-~OIi, SESHOE DRIVE
NAPL'i!~Si"FLORIDA 31aln'4 ( '~T[M '
FS~ r! ~-i 1999
EXECUTIVE SUMMARY
APPROVE FUNDING TO RELOCATE WATER MAIN FOR CONSTRUCTION
OF COCOHATCHEE CANAL WIDENING, PROJECT 70061
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water Sewer District, approve funds to extend an existing
sixteen-inch-diameter County water main aerial crossing of the Cocohatchee Canal in
order to accommodate widening of the canal.
CONSIDERATIONS: The South Florida Water Management District (SFWMD) is
currently widening the Cocohatchee Canal along Immokalee Road.
Collier County has an existing, aerial, sixteen-inch-diameter, water main crossing the
canal toward Longshore Lakes. This aerial crossing must be extended in order to
accommodate the canal widening.
On July 28, 1998, the Board approved Consent Agreement SFWMD 98-33 CO-ROW
with the South Florida Water Management District. The Agreement provides for the
District's contractor to modify the County water main and for the County to reimburse
the District for the modification.
G..4:. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of
' x':" $30,000 as follows:
.:
From: Fund 412: County Water Capital Projects
Cost Center 919010: Reserves for Water Capital Outlay
To: Fund 412: County Water Capital Projects
Cost Center 273511: Combined Water Capital Projects
Project 70061: Relocate a 16" Water Main located at the
Immokalee Canal
(Construction $25,000; Construction Management $5,000)
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissions, as Ex-officio the
Governing Board of the Collier County Water Sewer District approve the necessary
budget amendment to provide funds to extend a 16-inch water main aerial crossing to
accommodate widening the Cocohatchee Canal along Immokalee Road.
FEB o q
PG. I __
Executive Summary
Approve Funding Project 70061
Page 2
PREPARED BY: ~ ~" >t~~/ DATE: [ - ~2 ~'- ~
Ronald F. Dillard, P.E., Project Manager
Public Works Engineering Department
REVIEWED BY: DATE://~7/~
~4~ Bibby, P.E., Director
Public Works Engineering Department
Director
APPROVED BY~ DATE:/r~.2~'o~'q
.t-- Ed Ilschn~r, Administrator
Public Works Division
RFD:rfd
FEB O 9 1999
PG,
EXECUTIVE SUMMARY
AWARD A CONTRACT TO ALLIED TRUCKING OF FLORIDA, INC./C.B.E.
TRUCKING COMPANY, INC. FOR BID NO. 98-2900, TRANSPORT AND
PLACEMENT OF BEACH FILL MATERIAL
OBJECTIVE: To award a contract for the transport and placement of beach fill
material as setforth in Bid No. 98-2900.
CONSIDERATIONS: The Beach Renourishment/Maintenance Committee has endorsed
a plan to place 50,000 cubic yards of upland sand on the Collier County, Naples and
Marco Island beaches on an 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. On January 12, 1999, the
Board of County Commissioners awarded a contract for Bid No. 98-2838 to Bonita
Grande Sand Company for the production and stockpiling of beach compatible material
to implement this plan. The following condition accompanied that award:
* Two separate contracts would be awarded for Bid No. 98-2838 as follows:
(1) One for the Production and Stockpiling of Beach Compatible Material
(awarded as noted above).
(2) One for the Transport and Placement of the Material on the beach (the subject
/" of this agenda item).
As such, an advertisement for bids was posted and appeared in the Naples Daily News
on January 6. 1999. A summary of the bids received is as follows:
VENDOR TOTAL BASE BID
Allied Trucking of Florida, Inc./
C.B.E. Trucking Co., Inc. $362,500.00
Douglas N. Higgins, Inc. $417,857.14
The staff and design professional have conducted a thorough review of the proposals
and as a result, it is recommended that a contract for Bid No. 98-2900 be awarded to
the co-partnership of Allied Trucking of Florida, Inc./C.B.E. Trucking Co., Inc., being
the lowest qualified bidder. This contract is a one year agreement with the option to
renew on an annual basis. The recommendation for award of this contract is consistent
with the review and recommendations provided by the Tourist Development Council at
their meeting on October 19, 1998 and the Beach Renourishment/Maintenance
Committee at their meeting on November 5, 1998.
,~'7'~ FISCAL IMPACT:
Cost:
$..362,500.00; to be obligated in the budget for FY 98/99.
Fund: {!.95) Tourist Development - 60%
Cost Center: (110406) Beach Renourishment - Category "A"
Project Number: (80225) Collier County Beach Restoration
/~' A budget amendment is necessary whereby funds in the amount of
$362,500.00 will be transferred from the reserves of Fund 195 to the
appropriate expenditure category for this obligation. Sufficient
funds are available in the reserves of Fund 195 for this purplSeli0~7~E~by~""
FEB O 9 1999
PG. / ....
Executive Summary
Allied Trucking of Florida, Inc.
Page 2
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of Count Commissioners:
1. Award a contract for Bid No. 98-2900 to Allied Trucking of Florida, Ine./C.B.E.
Trucking Co., Inc. in the amount of $362,500.00.
2. Approve the necessary budget amendment.
3. Authorize the chairwoman to execute the contract.
SUBMITTED BY:~~2~L~~ DATE: /.
Harold E. Huber, Project Manager III
Public Works Engineering Department
REVIEWED By: DATE:
ell, Director
Purchasing Department
Jeff Bibby, P.E., Director
Public Works Engineering Department
APPROVED BY/~~~{~~~:i:~_ DATE:/.--..7,-[4 ~ ?
Ed Ilschni~r, Administrator '
Public Works Division
attachments
cc: Beach Renourishment/Maintcnance Committee
FEB O 9 1999
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Pr.,.
EXECUTIVE SUMMARY
PETITION TM 99-01 FOR RAISED CROSSWALKS TO CALM TRAFFIC
AT LOCATIONS PROPOSED UNDER THE SAFE WAYS TO SCHOOLS
INITIATIVE IN GOLDEN GATE.
OBJECTIVE: To approve Petition TM 99-01 allowing for the installation of raised
crosswalks on Hunter Boulevard at 19th Court S.W., Coronado Parkway at 50th Terrace
S.W., and Sunshine Boulevard at 20th Place S.W.
CONSIDERATIONS: The Safe Ways to School Project is sponsored by the Florida
Department of Transportation and the Community Traffic Safety Team. Golden Gate
Elementary was selected as one of 10 pilot schools in the state. The intent of the program is
to improve the conditions of children to safely walk or bicycle to their school, thereby
reducing car dependence and traffic congestion surrounding the school site. A team of
individuals from school administration, school transportation, the Sheriffs Office, County
Transportation, the Community Traffic Safety Team, parents and teachers reviewed school
site design and performed a neighborhood assessment. A list of planned improvements
included providing added emphasis and safety considerations to three pedestrian/school
crosswalk locations (Attachment 1) as follows:
1. Hunter Boulevard at 19th Court S.W. (Attachment No. 2)
2. Coronado Parkway at 50th Terrace S.W. (Attachment No. 3)
3. Sunshine Boulevard at 20th Place S.W. (Attachment No. 4)
The Hunter Boulevard location will accommodate pedestrian traffic that is anticipated after
completion of the sidewalk construction project on 19th Court S.W. The crossing is 90-feet
long and will result in extensive pedestrian exposure to high traffic volumes.
The Coronado Parkway location is at the intersection of 50th Terrace S.W. and, by nature of
its proximity to public service and commercial entities, attracts significant pedestrian activity
including school-aged children. This location would require a crossing on Coronado
Parkway of approximately 80-feet. Although this location has met some of the warrants for
an adult crossing guard, including uncontrolled intersection gap adequacy and crosswalk
length, it is neither adjacent to nor in the vicinity of the Golden Gate Middle School. Again,
this location will result in extended exposure of pedestrian traffic to the higher traffic
volumes on Coronado Parkway.
Sunshine Boulevard is a major north-south collector between Green Boulevard and Golden
Gate Parkway. Recorded speeds on this roadway have, historically, exceeded the posted
speed limit in spite of the presence of a school crossing guard stationed at a strategic school
FEB O 9 1999
pG..._. /
crossing located at 20th Place SW. During the hours of scheduled crosswalk usage by the
elementary school population, crossing guards have registered concems regarding the
approach and passage speeds of vehicles at this location. As documented by various Golden
Gate civic entities, there is considerable support for a raised crosswalk installation at this
location. In addition to being endorsed by the Community Traffic Safety Team, this location
is an emphasis location under the Safe Ways to Schools Project. Consideration of this
location for a raised crosswalk installation will greatly enhance the safety potential for the
school population utilizing this crosswalk, the neighborhood residents, and bicyclists.
At all three locations detailed, the normal high visibility crosswalk configuration, which is
flush with the roadway surface, could be installed. However, in light of the success
experienced at the raised crosswalk installations on Kings Way and Palm Drive as part of
neighborhood traffic calming projects, it is proposed that similar raised crosswalks be
installed at the above-noted three locations. Appropriate speed reduction zones will be
established on the approaches to these proposed raised crosswalks and warning signage will
be included if approved. The Sunshine Boulevard school crossing requires additional
emphasis since it is the primary crossing for the elementary school. It is recommended that
in addition to the raised crosswalk flashing beacon warning signs be installed.
Letters of no objection (Attachment No. 5) for the installation of the raised crosswalks at the
.-_ subject locations were requested of and received from the Sheriffs Office and Emergency
Medical Services. A letter of no objection was also requested from the Golden Gate Fire
Control and Rescue District, and the response received from Chief Peterson did not indicate
full endorsement of the raised crosswalk installations. Staff did contact Chief Peterson to
discuss the matter of raised crosswalks and speed humps and to relate to him that although
there have been concerns expressed by other law enforcement agencies, fire protection
service agencies and emergency medical service entities regarding speed hump/raised
crosswalks and the possible effects that they may have on response times, any reduction in
response time or safety has proven to be minimal to negligible. This conclusion was the
result of extensive testing by the Institute of Transportation Engineers and the National Fire
Protection Association. Additionally, as stated in one publication, the affected residents on
the roadway wherein speed humps are located are often willing to accept reduced response
time in lieu of improved livability and a reduction or elimination of the vehicle threat.
FISCAL IMPACT: Estimated construction costs for the above three locations are
$20,090.00, and funds are budgeted in Road Construction Gas Fund 313-163673-634999-
66076.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners direct Staff to
coordinate the installation of raised crosswalks on Hunter Boulevard at 19th Court S.W.,
Coronado Parkway at 50th Terrace S.W. and Sunshine Boulevard at 20th Place S.W., and the
2 FEB 0 9 1999
installation of flashing beacons for the Sunshine Boulevard school crossing and approve an
amount of $20,090.00 for the construction of this project.
Rus · ller, Engin I '
REVIEWED BY: DATE:
. war Tans o a ion ervices Director
APPROVED BY DATE:
Ed Ilschner, Public Works Administrator
Attachments: No. 1 Location Map
No. 2 Raised Crosswalk Hunter Boulevard
No. 3 Raised Crosswalk Coronado Parkway
No. 4 Raised Crosswalk Sunshine Boulevard
No. 5 Letters of No Objection
e, AGIiND '1
F E B O 9 1999
3 pS._.,.,,~
A '7'TA C/,./NELl T I
~ ~ VA ~D ' ~
~ .
.
COLLIER COUNTY ~Ai~ED C~O~A~ ~ ~
~. 5' .. . ....
~"'r,~f:..r':-"r L. IQii"r
..
'
':
COLLIER COUNTY
T~SPOaTAT1ON SER~CES
DEP~T~NT ~ ~/ . ~ ~ S~ ,~T / ~r / --
....
FEB 0 9 1999
COLLIER COUNTY GOVERNMENT
EMERGENCY SERVICES DEPARTMENT 3301 E. TAMIAMI TRAIL
EMS / FIRE NAPLES, FL 34112
(941) 774-8459
FAX (941) 775-4454
A CERTIFIED BLUE CHIP COMMUNITY
November 23, 1998
Richard Casey, Project Manager
Collier-County Transportation Department
3301 East Tamiami Trail
Naples, Florida, 34112
Dear Mr. Casey,
Collier County Emergency Services Department staff members have reviewed the
proposed speed bumps planned for Curling Avenue, Hunter Boulevard at 19th Court
Coronado Boulevard at 50th Terrace S.W. , and Sunshine Boulevard at 20It' Place S.W.
and have no objection 'to same.
If l may offer any additional information please do not hesitate to contact rny office.
incerely,
F lagg, Chief
y Services Department
D B F/bb ~ 7: :..
.~.
AT~AfACHMENT NO. 5 ~ 5~F-.,"~
GEt OF q' =='
'- ~.-.i'.';~, COUNI Y
Collier County Sheriff's Office 98 r,~0V 13 IH 9:25
3301 Tamiami Trail East
Building "J"
Naples, FL 34112
Telephone (AC 941) 774-4434
November 11, 1998
Richard Casey
Project Manager ;; .:.:~:_._
Collier County Transportation Services Department ....
Dear Mr. Casey:
I have reviewed the proposal concerning the installation of raised crosswalk traffic
calming measures at 19~('s Court S.W. and Hunter Boulevard, and Coronado Parkway
at the intersection of 50's Terrace S.W.
Please accept this letter of no objection as support for your project.
Sincerely,
Don Hunter, Sheriff
JK:DH/pb
cc: Captain Sanders, Patrol
Captain Storrar, Commttttiry Services
File
ATTACHMENT NO,
PAGE
FEB 0 9 1999
GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT
4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901
(941) 455-2121 · FAX (941) 455-7917
December 1, 1998
Richard Casey ~.
Collier County Transportation Department ',-'~ c-.:
3301 E. Tamiami Trail
Naples, FL. 34112
RE: Raised Crosswalks-Golden Gate .~.
Dear Mr Casey;
I have reviiwed your letter and detail drawing regarding the proposed crosswalks at 20th PL SW
and Sunshine Blvd., 19th Court SW and Hunter Blvd., and 50th Terrace SW at Coronado
Parkway. I have also reviewed the copy of a study you supplied regarding raised crosswalks. In
addition, I have driven Palm Drive several times at the speed limit and below the speed limit.
Raised crosswalks are speed bumps with a different name. I am all for additional safety measures
to protect children when they have to walk to and from school each day, however, from a
practical physical impact to emergency vehicles responding or not responding to calls, it will
cause maintenance problems down the road and potential physical injuries to the driver and
passengers that forget about the installations.
Going up the bump is not the problem, its coming down at the sharp drop. Emergency vehicles
will not be able to drive the speed limit of the road and survive over long periods of time without
suspension repair work of some type being required. Going down Palm Drive I will not drive the
speed limit due to all the equipment I have in the vehicle moving around in it with each bump. The
same thing applies only on a larger scale with a fire truck and add into the equation a call for an
injured child and you can have all the policies in the wo~d, but the reality is emergency vehicles of
all types will be going to help faster than the road speed limit.
I realize I am in the minority on this issue and I also do not have any scientific data at this time to
be able to provide a quantitative analysis of this issue. Only physical driving vehicles over the
speed bump installed today. It would appear as I have mentioned on the phone that if the taper
was not so sharp the impact to large vehicles would be improved, however, I understand that
doing this would defeat the purpose.
ATIACHMENI NO. ,_ 5 } _
FEB 0 9 1999
PG.
December 1, 1998
Page 2
In conclusion I would only ask as you have indicated in your letter, that you please provide us
notice when they are to be installed so we can warn all of our drivers. Thank you for your
understanding with this matter and if you have any additional questions, please call me anytime.
Sincerely,
Donald R Peterson
Fire Chief
ATTACHMENT NO.
PAGE
FEB O 9 1999
EXECUTIVE SUMMARY
APPROVE TOURIST DEVELOPMENT CATEGORY "A" FUNDING
APPLICATIONS FOR BEACH MAINTENANCE AND INLET
MANAGEMENT PROJECTS.
OBJECTIVE: To obtain approval of funding applications for the following
projects:
* Clam Pass Dredging - $118,025.00
* Post-construction monitoring for the Collier County Beach Restoration
Project - $284,427.00
* Construction of T-Groins associated with the Gordon Pass Inlet
Management Plan - $632,500.00
* Engineering services for project design and permitting associated with
the Gordon Pass Inlet Management Plan - $129,375.00
* Beach Maintenance Activities during FY 98/99 - $243,700.00
* Project Management Fees for services provided by the Public Works
Engineering Department during FY 98/99 - $72,480.00
* Interim Mechanical Dredging and Maintenance of Aids to Navigation at
Wiggins Pass during FY 98/99 - $62,500.00
CONSIDERATION: On January 25, 1999, the Tourist Development Council
considered the above noted applications for Category "A" funding. All
applications were reviewed by the Beach Renourishment/Maintenance Committee
on January 7, 1999 and were forwarded to the Tourist Development Council with
unanimous recommendations for approval. The Tourist Development Council
unanimously recommended approval of these applications except as follows:
1. Clam Pass Dredging was recommended for approval with a vote of 5 to
2 in favor.
2. Project Management Fees for services provided by the Public Works
Engineering Department was recommended for denial with a vote of 5 to
2 in favor.
i'!~jFISCAL IMPACT:
Cost: $1,543,007.00; to be obligated in the budget for FY 98/99.
Fund: (195) Tourist Development - 60%.
Cost Center: (110406) Beach Renourishment - Category A.
Project Numbers: (80218) Marco Beach Maintenance - $3,100.00
(80221) Capri/Big Marco Inlet Management - $900.00
(80222) Clam Pass Inlet Management - $118,985.00
(80223) Caxambas Pass Inlet Management - $580.00
(80224) Gordon Pass Inlet Management - $761,875.00
(80225) Collier County Beach Restoration - $590,527.00
Executive Summary
Tourist Development Funding
Page 2
Cost Center: (110420) Wiggins Pass Dredging
Project Number: (80226) Wiggins Pass Inlet Management - $67,040.00
Sufficient funds are available in the reserves of Fund 195 for
this obligation. A budget amendment is necessary whereby
funds will be transferred from the reserves of Fund 195 to the
appropriate expenditure categories under the applicable project
numbers.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached grant applications for Tourist Development - Category
"A" funding in the amount of $1,543,007.00.
2. Approve the necessary budget amendment.
SUBMITTED BY: ~~//~~-'~ DATE:/.
Harry Huber, Project Manager III
Public Works Engineering Department
REVIEWED BY~eff Bibby, P.E., Director DATE:
Public Works Engineering Department
APPROVED BYe- DATE:/-~, ,r -.q~
Ed Ilschner, Administrator
Public Works Division
attachments
cc: Beach Renourishment/Maintenance Committee
FEB 0 9 999
P G., '~ .. _7' ~T:-: :_
NATURAL RESOURCES 31ANAGE31E]VT
735 8TH STREET SOUTH, NAPLES, FL 34102
941-434-4655 Suncorn 974-4655
F~ NO. 941-434-4620
TO: Board of County Commissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recommendation
The attached request for TDC Category A funding, submitted by_the
Collier County Board of County Commissioners :
to be used for_the Clam Pass Main Channel Cut 4 dredging.
:
is recoz~mended to be:
X Approved as submitted.
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Ch
Date _08 January 1999__
Ric irman
JCS/TDCFORM.WPW
FEB 0 9 1999
Collier County Tourist Development Council
GILANT APPLICATION
Beach Renourishment and Pass Maintenance
( Beach Improvement, maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
Naples, FL. 34112
1. Name and Address of Application Organization:
--'- Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, FL. 34112
2. Contact Person, Tittle and Phone Number:
Harry Huber
Project Manager III
774-8192
3. Organization's Chief Official and Tittle:
Commissioner Barbara Berry
Chairman
Board of County Commissioners
4. Brief Project Description:
The project "Main Channel Cut ~4 Dredging" consists &dredging from Clam Pass to
approximately The Registry boardwalk. The portion of this project at Clam Pass from the
Gulf of Mexico east 710 feet is referred to as Cut ~4A the section for which funding is being
requested. This project is designed to provide improved flow through Clam Pass Which when
completed should require less frequent maintenance to Clam Pass.
5. Estimated project start date: February 1999
6. Estimated project duration: Ninety days
7. Total amount requested: $118,025.00
FEB O 9 1999
Collier County Tourist Development Council
Grant Application
Page 2
8. If the full amount requested cannot be awarded, can the program/project be constructed to
accommodate a smaller a~'ard?
Yes No X
9. Identify the goals and objectives for the project:
Improve the velocity and volume of tidal flows into the Clam Bay System.
10. Describe what benefits will be received from the project:
Improved flows will keep Clam Pass open for longer duration's and require less maintenance
dredging to the Pass and healthier Clam Bay echo system.
11. Describe how the effectiveness of the project will be evaluated:
Through hydrographic, biological and ~vater quality monitoring required as pan of the FDEP
permit evaluated against monitoring performed prior to improvements.
12. Describe how the project enhances existing Count' Tourist Development Programs:
Dredging of Clam Pass will unprove tidal flows through the channel helping to ensure
the health and viability of a major tourist attraction in the area.
13. Describe how financial resources will be monitored:
The project budget will be managed through the existing financial and management slructure of
Collier County and will be administered by the project manager.
This budget request is based upon the estimated cost for engineering and construction cost for the
dredging of Clam Pass from the Gulf of Mexico, east approximately 7 10 feet, referred to as Cut
4A. It includes a percentage (based on the total yards of Cut g4) for related costs for Cut #-4A
and the lump sum of dredging Cut #4A.
14. Please complete the follo~ing questions and provide additional information, if necessary:
· Does the proposed expenditure further the objectives outlined in the Mission Statement?
Yes(X) No( )
· Does the proposed expenditure fairly distribute monies to different geographical areas
of the County?
Yes(X) No( )
· Does the proposed expenditure promote environmental awareness and understanding
and does the proposed project address environmental consideration?
Yes(X) No( )
Collier County Tourist Development Council
Grant Application
Page 3
· Is the proposed project part of the ongoing Collier County beach restoration project
and/or pass maintenance/dredging/management projects?
Yes ( X ) No ( X )
· Is the proposed project required by the regulatory agency as a condition for
approving/funding the Collier County beach restoration projects?
Yes(X) No( )
· Will the proposed project contribute significantly to the progress of the beach
restoration projects?
Yes(X) No( )
· Will the project decrease the local cost share of the overall beach restoration project,
either by decreasing the total project cost or by increasing the local/non-local ratio?
Yes( ) No(X)
· Will the project improve understanding of alternative technologies that may contribute
to a cost-effective beach restoration project?
Yes(X) No( )
· Is there a potential for an alternative/matching funding source7
Yes( ) No(X)
If "Yes", please identify
· Is the project consistent with the Collier Count).' Growth Management Plan and/or
standing Board of County Commission action?
Yes(X) No( )
· Has the project been received and recommended by the Beach
RenourishmenffMaintenance AdvisoD' Comminee7
Yes, this application will be considered at the scheduled meeting. Their
recommendation will be for3varded under separate cover.
FEB O 9 1999
PG. ~ ....
Collier County Tourist Development Council
Grant Application
Page 4
I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my
organization will comply with all guidelines and criteria.
Signature of Organiz~n's Chief Official or Designee*
Date:/~//5'/~ ~
*Director of Office of Capital Projects Management authorized to sign Category "A" applications on
behalf of the Chairman of the Board of County Commissioners. Approved by Board of Coun~
Commissioners on August 24, 1993, Agenda Item 16 (H) (2).
p.,j~f~ N~,~-~/'/~r,'I,,;, ~,~,
!" 1
FEB 0 9 1999
PS.
Collier County Tourist Development Council
Grant Application
Page 5
PROJECT BL"DGET
MAIN CHANNEL CUT ~4 DREDGING
CUT 4A SER~,qCES
ITE~I DESCRIPTION A/MOUNT
1. Mobilization & Demobilization $10,825.00'
2. Dredging cost rot cut 4A S78,250.00'*
3. Tilling and Final Grading S1925.00'
4. Payment and Performance Bond $2,025.00*
5. Engineering S25,000.00'
Total Sl18.025.00
* Based on 24% of the total costs for dredging Main Channel Cut ~4, the cubic yards estimated
from the Clam Pass portion of the dredging is 24% of the total Main Channel Cut ~t4 Dredging.
** Based on lump sum line item of Bid for the Clam Pass section
E B/9 1999
NATURAL RESOURCES MAAgt GEAIENT
735 8TH STREET SOUTH, ~PLES, FL 34102
941-434-4655 Suncorn 9 74-4655
F~ NO. 941-434-4620
TO: Board of County Commissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recommendation
The attached request for TDC Category A funding, submitted by_the
Collier County Board of County Commissioners :
to be used for_post-construction monitoring of the Collier
County Beach Restoration Project :
is reconmended Zo be:
X Approved as submitted.
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Date 08 January 1999
Ri r Lydon, dhair~ '
chad
JCS/TDCFOP~M.WPW
FEB 0 9 1 99
EXHIBIT A
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach Renourishment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
3301 East Tamiami Trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
2. Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-8192
3. Organization's Chief Official and Title:
Commissioner Barbara B. Berry
Chairman
Board of County Commissioners
4. Brief Project Description:
Post-construction Monitoring for the Collier County Beach
Restoration Project.
FEB 0 9 1999
PG./D
Collier County Tourist Development Council
Grant Application
Page 2
5. Estimated project start date: May 1, 1999
6. Estimated project duration: 1 Year
7. Total amount requested: $284,427.00
8. If the full amount requested cannot be awarded, can the
program/project be restructured to accommodate a smaller
award?
Yes No X
9. Identify the goals and objectives for the project:
The project consists of those professional services necessary_ to perform post-
construction monitoring as required by special conditions in the permits issued by
FDEP.
10. Describe what benefits will be received from the project:
The information and data provided by these services will be used to evaluate the
performance of the Beach Restoration Project and enable proper planning for
maintenance activities.
11. Describe how the effectiveness of the project will be evaluated:
Results of the monitoring will be presented in report form to the permittin.;
agencies and the Beach Renourishment/Maintenance Committee for review and
recommendations as to future activities necessa_ry to maintain the integrity of the
Beach Restoration Project.
12. Describe how the project enhances exiting County Tourist
Development Programs:
Proper maintenance of the beach restoration projects will help to
ensure the viability of the area's major tourist attraction.
AG(:hDA I EH
FEB O 9 1999
Pc.//
Collier County Tourist Development Council
Grant Application
Page 3
13. Describe how financial resources will be monitored:
The project budget will be managed through the existing financial and management
structure of Collier County and will be administered by a project manager in the
Public Works Engineering Department.
The basis of the project budget consists of the estimate of additional services to be
performed under the Professional Services Agreement with Coastal Engineering
Consultants, Inc.
The total amount of the proposed budget is $284,427.00
14. Please complete the following questions and provide additional
information, if necessary:
* Does the proposed expenditure further the objectives outlined
in the Mission Statement?
Yes ( X ) No ( )
* Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes ( X ) No ( )
* Does the proposed expenditure promote environmental
awareness and understanding and does the proposed project
address environmental considerations?
Yes ( X ) No ( )
* Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/
dredging/management projects?
Yes ( X ) No ( )
FEB [I 9 1999
PG./~
Collier County Tourist Development Council
Grant Application
Page 4
* Is the proposed Project required by a regulatory agency as
a condition for approval/funding the Collier County beach
restoration projects?
Yes (X) No ( )
* Will the proposed project contribute significantly to the
progress of the beach restoration projects?
Yes ( X ) No ( )
* Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No ( X )
* Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes ( X ) No ( )
* Is'there a potential for an alternative/matching funding source?
Yes ( ) No ( X )
If "Yes", please identify
* Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes ( X ) No ( )
* Has the project been reviewed and recommended by the Beach
Renourishment/Maintenance Advisory Committee?
Yes. This application will be considered by the Beach
Renourishment/Nlaintenance Committee at their regularly
scheduled meeting. Their recommendation will be forwarded
under separate cover.
NO.. A S~Z B Yt~,3 t ?'~)
FEB 0 9 1999
Collier County Tourist Development Council
Grant Application
Page 5
I have read the Beach Renourishment and Pass Guidelines and criteria and
agree that my organization will comply with all guidelines and criteria.
Bibby, P.E., l~irector, Public Works Engineering Department
Signature of Organization's Chief Official or Designee*
Date:
*Director of Office of Capital Projects Management authorized to sign
Category "A" applications on behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, Agenda Item 16(H) (2). Director of Office of Capital
Projects Management position was renamed to Director of Public Works
Engineering effective October, 1998.
HEH.Ih.11510
FEB O 9 1999
pc. /4
Collier County Tourist Development Council
Grant Application
Page 6
PROJECT BUDGET
COLLIER COUNTY BEACH RESTORATION
POST-CONSTRUCTION MONITORING
May, 1999 - April, 2000
ACTIVITY AIMOUNT
1. Coordinate Agency Requirements $25,750.00
2. Environmental and Biologic Monitoring 78,020.00
3. Surveys
(a) Annual Monitoring 66,000.00
(b) Post-Storm Allowance 40,000.00
4. Design and Coordination of
Maintenance Activities 43,800.00
5. Wood Groin Modeling 5,000.00
6. Contingency (10%) 25,857.00
TOTAL $284,427.00
Grant Appi. 1 I 5 10
FEB 0 9 1999
PG.~/~ ~
NATURAL RESOURCES 31A.NA GE3fENT
735 8TH STREET SOUTH, NAPLES, FL 34102
941-434-4655 Suncom 974-4655
FAXI~/O. 941-434-4620
TO: Board of County Conunissioners, Collier County
FROM: Beach Renourishment/!<aintenance Conunittee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recommendation
The aizached request for TDC Category A funding, submitted by_the
City of Naples :
to be used for_imp!emenzazion of the Gordon Pass Inlet Management
Plan - installation of two T-groins and groin repairs :
is recomaended to be:
Approved as submitted.
X Approved with the following changes: reduction of the 15%
contingency fee to 10%
Deferred to:
Disapproved.
Comments:
Lyd~on,~ Date _08 January 1999
Richard an
JCS/TDCFORM,. WPW
FEB D 9 i999
EXHIBIT A
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach Improvement, maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Manager's Office
3301 East Tamiami trail
Naples, FL 34112
I. Name and Address of Applicant Organization:
City of Naples
735 8th Street South
Naples, FL 34102
2. Contact Person, Title and Phone Number:
Dr. Jon C. Stalker
Natural Resources Manager 941-434-4610
3. Organization's Chief Official and Title:
Bill Barnett, Mayor
4. Brief Project Description:
Gordon Pass Inlet ManaRement Plan Implementation;
Construction of two new T-groinS and modification of
the existing groin field located between 750 and 1,750 ft.
north of Gordon Pass.
FEB D 9 B99
PG:. / 7 _
Collier County Tourist Development Council
Grant Application
Page 2
5. Estimated project start date:, July 1, 1999
6. Estimated projeci duration: Four (/4) months
7. Total amount requested: L$3632~500
8. If the full amount requested cannot be awarded, can the program/
project be restructured to accommodate a smaller award?
Yes No x
9. Identify the goals and objectives for the project:
The objective is to construct 2 stone t-groins, to repair 2 existing
permeable wood groins, and to place 20,000 cu. yds. of sand in the
~roin field to restore a part of the beach that has been eroding
since Gordon Pass was initially dredged in 1962.
10. Describe what benefits will be received from the project:
The transport of sand. along the Naples Headland beach into Gordon
Pass will be slowed, thus ;improving the stability of the inlet.
The eroded beach north of Gordon Pass will be restored and stabilized.
11. Describe how the effectiveness of the project will be evaluated:
Twenty-three (23) profile lines will be surveyed periodically for
5 years to track project success and evaluate changes.~ if needed.
12. Describe how the project enhances existing County Tourist
Development programs:
Gordon Pass is the only connection between Naples Bay and the Gulf
of Mexico. As a component of the Gordon Pass Inlet Management Plan,
this project contributes to the lon$-term stability of the inlet and
its uninterrupted use by recreational and commercial watercraft.
I--- 13. Describe how financial resources will be monitored:
This project will be a City of Naples Capital Project, and all
revenue/expense accounting will be the responsibilit.y of
Finance Department.
FEB O 9 1999
Collier County Tourist Development Council
Grant Application
Page 3
14. Please complete the following questions and provide additional
information, if necessary:
, Does the proposed expenditure further the objectives outlined
in the Mission Statement?
Yes (x) No ( )
· Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes (x) No ( )
· Does the proposed expenditure promote environmental awareness
and 'understanding and does the proposed project address
environmental considerations?
Yes(x) No( )
· Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/dredging/
management projects?
· Is the proposed PrOject required by a regulatory agency as a
condition for approval/funding the Collier County beach
restoration projects?
yes x) <
· Will the proposed project contribute significantly to the
progress of the beach restoration projects?
FEB O 9 1999
Collier County Tourist Development Council
Grant Application
Page 4
· Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the locaI/non-local ratio?
Yes (x) No ( )
· Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes (x) No ( )
· Is there a potential for an alternative/matching funding source?
Yes (x) No ( )
If "Yes", please identify Florida DEP beach management funds
---- · Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes( ) No( )
;
· Has the proje:t been reviewed and recommended by the Beach
Renourishment/Maintenance Advisory Committee?
Collier County Tourist Development Council
Grant Application
Page 5
I have read the Beach Renourishment and Pass Guidelines and criteria'and
..... ' s and criteria.
'S'~gn~r'ffFe'o~' 6'rgani;:ation s Chief Official or Designee*
Date: /3- ~"tt- q.~
"Director of Office of Capital Projects Management authorized to sign
Category "A" applications on behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, Agenda Item 16 (H) (2).
HEHIIh/11478
Collier County Tourist Development Council
Grant Application
Page 6
PROJECT BUDGET
T-groin Construction .$ 300,000
Beach fill 150,000
Wood groin repair 100,000
Pre and post-construction surveys 25,000
Subtotal $ 575,000
Contingency (10%) 57,500
Project Total $ 632,500
FEB O 9 1999
735 8TH STREET SOUTH, AL4PLES, FL 34102
941-434-4655 Suncorn 974-4655
FAX NO. 941-434-4620
TO: Board of County Cozmissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recoramendation
The a::ached request for TDC Category A funding, submitted by_the
City of Naples :
tD be used for_implementation of the Gordon Pass inlet Management
Plan - engineering services for Pass dredging and jetty repairs :
is recommended to be:
X Approved as submitted.
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Date 08 January 1999
--- Richard an
J2S/TD~ FDP~. WPW
'-- EXHIBIT A
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach Improvement, maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Manager's Office
3301 East Tamiami trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
The City of Naples
735 8th Street S.
Naples, FL 34102
2. Contact Person, Title and Phone Number:
Dr. Jon C. Staiger, Natural Resources ManaSer
941-434-4610
3. Organization's Chief Official and Title:
Bill Barnett ~..M. avor
4. Brief Project Description:
Gordon Pass Inlet Management Plan Implementation;
..Engineering services for project design and permitting
for the periodic dredging of Gordon Pass and repair of
the Gordon Pass Jetty.
FEB O 9 1999
Collier County Tourist Deve. lopment Council
,_, Grant Application
Page 2
5. Estimated project start date: July 1, 1999
6. Estimated project duration: Eighteen (18) months
7. Total amount requested: $129,375.00
8. If the full amount requested cannot be awarded, can the program/
project be restructured to accommodate a smaller award?
Yes No x
9. Identify the goals znd objectives for the project:
The objectives are to: A)obtain new 10-year maintenance dredging
permits for Gordon Pass and permits to sand-tighten the outer portion
of the'Gordon Pass Jetty; B)Develop construction and contract documents
for both the jetty repair and maintenance dredging projects; and
C)Assist the City in awarding the contracts.
10. Describe what benefits will be received from the project:
Gordon Pass will continue to function as a deDendable connection
between Naples Bay and th~ Gulf of Mexico.
11. Describe how the effectiveness of the project will be evaluated:
Topographic and depth profiles will be carried out routinel~ in
both the inlet and the areas of inlet influence on the beaches to
the north and south.
12. Describe how the project enhances existing County Tourist
Development programs:
Gordon Pass is the only connection between Naples Bay and the
Gulf of Mexico. As a component of the Gordon Pass Inlet Management
Plan, these projects contribute to the long-term stability of the
inlet and its uninterrupted use by recreational and commercial watercraft.
13. Describe how financial resources will be monitored:
The projects will be City of Naples Capital Projects, and all
revenue/expense accounting will be the responsibility ofitht
Cit ' .
y s Finance Department
FEB O 9 lS99
Collier County Tourist Development Council
Grant Application
Page 3
14. Please complete the following questions and provide additional
information, if necessary:
Does the proposed expenditure further the objectives outlined
in the Mission Statement?
Yes (x) No ( )
Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes (x) No ( )
Does the proposed expenditure promote environmental awareness
and understanding and does the proposed project address
environmental considerations?
Yes (x) No ( )
· Is the proposed project part of the ongoing Collier County,
beach restoration project and/or pass maintenance/dredging/
management projects?
Yes (x) No ( )
· Is the proposed Project required by a regulatory agency as a
condition for approval/funding the Collier County beach
restoration projects?
Yes (x) No ( )
Will the proposed project contribute significantly to the
progress of the beach restoration projects?
'Yes (x) No ( )
'FEB D 9 1999
Ps-7
Collier County Tourist Development Council
Grant Application
Page 4
· Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No (x)
· Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes ( ) No (x)
Is there a potential for an alternative/matching funding source?
Yes (x) No ( )
If "Yes", please identify Florida DEP beach management funds
, Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes ( x ) No ( )
· Has the project been reviewed and recommended by the Beach
Renourishment/Maintenance Advisory Committee?
The project will be submitted to the Beach Renourishment/
Maintenance Committee for approval on January 7~ 1999..
NO. A" "A I
9 1Sg9
-: ,, ~
· - Collier County Tourist Development Council
Grant Application
Page 5
I have read the Beach Renourishment and Pass Guidelines and criteria and
t~~.rgan~zat.~d4/t~on " co~del~nes and criteria.
agr ' ' " ' , ' '
Signature of Organization's Chief Official or Designee*
Date: q-
*Director of Office of Capital Projects Management authorized to sign
Category "A" applications on behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, AgencZ-,- Item 16 (H) (2).
HEH/Ih/11478
FEB 0 9 1999
Collier County Tourist Development Council
Grant Application
Page 6
PROJECT BUDGET
Apply for state and federal funding $2,875.00
for inlet management dredging
Construction design and permitting $126,500.00
for inlet management and jetty repair
projects, including preparation of
contract/bid documents
Total $129,375.00
.~X'e~~ ]VA TURAL RESOURCES MANAGEdtENT
735 8TH STREET SOUTH, NAPLES, FL 34102
941-434-4655 Suncorn 974-4655
F~ ~'O. 941-434-4620
TO: Board of County Commissioners, Collier County
FROIX: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request RecoF~.enda~ion
The attached revues= for TDC Category A funding, submitted by_the
Collier County Board of County Comr. issioners :
to be used for_beach maintenance aczivities during fiscal year
1998/1999 :
is recommended to be:
X Approved as submitted.
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
r/Lfa~~alrm~a Date _08 January 1999
Richa o n
JCS/TDCFORM. WPW
EXHIBIT A
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach Renourishment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
3301 East Tamiami Trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida34112
2. Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-8192
3. Organization's Chief Official and Title:
Commissioner Barbara B. Berry
Chairman
Board of County Commissioners
4. Brief Project Description:
Beach Maintenance Activities During FY 98/99.
Collier County Tourist Development Council
Grant Application
Page 2
5. Estimated project start date: February, 1999
6. Estimated project duration: Eight (8) Months
7. Total amount requested: $243,700.00
8. If the full amount requested cannot be awarded, can the
program/project be restructured to accommodate a smaller
award?
Yes No X
9. Identify the goals and objectives for the project:
The project consists of activites associated v,4th maintenance of the Collier County
and Marco Island Beach Restoration projects which includes:
1. Beach cleanin~i and post-storm cleanup
2 Maintenance of the beach profile by placement of beach
fill at erosional hot spots and performing scarp removal.
3 Dune Maintenance
4 Maintenance of Structures.
5 Beach Tilling
10. Describe what benefits will be received from the project:
Proper maintenance of the restored beaches will enhance longevity of
the desi~;n life, effect potential long-term cost savings and provide an
aesthetically pleasing environment.
11. Describe how the effectiveness of the project will be evaluated:
Effective maintenance and performance of the beach fill as designed
will be determined through the annual project monitoring
requirements.
FEB O 9 1S99
Collier County Tourist Development Council
Grant Application
Page 3
12. Describe how the project enhances exiting County Tourist
Development Programs:
Proper maintenance of the beach restoration projects will help to
ensure the viability of the area's major tourist attraction.
13. Describe how financial resources will be monitored:
The project budget will be manaaed through the existing financial and management
structure of Collier Coun_ty and will be administered by a project manager in the
Public Works Enaineerin~ Department.
The basis of the project budact consists of the estimated costs associated with
maintenance of the Collier County and Marco Island Beach Restoration Projects.
The total amount of the proposed budget is $243,700.00
~.. 14. Please complete the following questions and provide additional
information, if necessary:
* Does the proposed expenditure further the objectives outlined
in the Mission Statement?
Yes ( x ) No ( )
* Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes ( X ) No ( )
* Does the proposed expenditure promote environmental
awareness and understanding and does the proposed project
address environmental considerations?
Yes ( x ) No ( )
* Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/
dredging/management projects'?.
Yes ( X ) No ( )
FEB 0 9 1599
PG. ,~
Collier County Tourist Development Council
Grant Application
Page 4
* Is the proposed Project required by a regulatory agency as
a condition for approval/funding the Collier County beach
restoration projects?
Yes ( ) No ( X )
* Will the proposed project contribute significantly to the
progress of the beach restoration projects?
Yes ( X ) No ( )
* Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No ( X )
* Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes ( X ) No · ( )
* Is there a potential for an alternative/matching funding source?
Yes ( ) No ( X )
If "Yes", please identify.
* Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes ( X ) No ( )
* Has the project been reviewed and recommended by the Beach
Renourishment/Maintenance Advisory Committee?
Yes. This application will be considered by the Beach
Renourishment/Maintenance Committee at their re~_ularly
scheduled meeting. Their recommendation will be forwarded
under separate cover.
FEB 0 9 1999
Collier County Tourist Development Council
Grant Application
Page 5
I have read the Beach Renourishment and Pass Guidelines and criteria and
agree that my organization will comply with all guidelines and criteria.
_. or, Public Works Engineering Department
Signature of Organization's Chief Official or Designee*
Date:
*Director of Office of Capital Projects Management authorized to sign
Category "A" applications on behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, Agenda Item 16(H) (2). Director of Office of Capital
Projects Management position was renamed to Director of Public Works
Engineering effective October 1998.
HEH.Ih. II3lg
FEB O 9 lS99
Collier County Tourist Development Council
Grant Application
Page 6
PROJECT BUDGET
BEACH MAINTENANCE ACTIVITIES (FY 98/99)
ACTIVITY AI~IOUNT
1. BEACH CLEANING OPERATIONS
(a) Collier County $64,000.00
(b) Marco Island 22,000.00
2. MAINTENANCE OF BEACH PROFILE
(a) Collier County $22,500.00
(b) Marco Island 7,500.00
3. DUNE MAINTENANCE $53,200.00
4. MAINTENANCE OF STRUCTURES $50,000.00
5. BEACH TILLING
(a) Collier County $19,500.00
(b) Marco Island 5,000.00
TOTAL $243,700.00
Grant Appl. 11518
FEB O
~,M TURAL RESOURCES M'A,~M GE,~IENT
735 8TH STREET SOUTH, ,~MPLES, FL 34102
941-434-4655 Suncorn 9 74-4655
F~ NO. 941-434-4620
TO: Board of County Comrnissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recom.mendation
TB~ attached ~=c,'est =~ TDC CareDDry A funding, submitted by the
Collier County Board cf County Co=r. issioners :
Lo be used for_project management fees for services provided by
The Public Works Engineering Department during FY 98/99 :
is recommended to be:
X Approved as submitted.
Approved with tke following changes:
Deferred to:
Disapproved.
Comments:
r~C Date 08 January 1999
"'cha an '
JCS/TDCFO~.WPW
FEB 0 9 1999
EXHIBIT A
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach Renourishment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
3301 East Tamiami Trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
2. Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-8192
3. Organization's Chief Official and Title:
Commissioner Barbara B. Berry
Chairman
Board of County Commissioners
4. Brief Project Description:
Project mana~lement fees for services provided by the Public Works
Engineering Department durine~ FY 98/99.
FEB 0 9 1599
Collier County Tourist Development Council
Grant Application
Page 2
5. Estimated project start date: February, 1999
6. Estimated project duration: Eight (8) months
7. Total amount requested.; $72,480.00
8. If the full amount requested cannot be awarded, can the
program/project be restructured to accommodate a smaller
award?
Yes No X
9. Identify the goals and objectives for the project:
The project consists of budgeting fees for services provided by the
staff from the Public Works Engineering Department relative to
management of the beach restoration and inlet management projects.
10. Describe what benefits will be received from the project:
Proper management procedures will ensure successful completion
and on-going coordination of project requirements.
11. Describe how the effectiveness of the project will be evaluated:
Continuous interaction with and recommendations from the Beach
Renourishment/N~laintenance Committee are used to maintain the
most effective management policy and procedures.
12. Describe how the project enhances exiting County Tourist
Development Programs:
Successful management of Category "A" projects is necessary to
maintain the area's major tourist attractions.
FEB O 9 1S99
Collier County Tourist Development Council
Grant Application
Page 3
13. Describe how financial resources will be monitored:
The project budget will be managed through the existing: financial and management
structure of Collier County and will be administered by a project manager in the
Public Works Engineering Department.
The basis of the project budget consists of estimated fees for services provided by
the staffof the Public Works Engineering Department.
The total amount of the proposed budeet is $72,480.00
14. Please complete the following questions and provide additional
information, if necessary:
* Does the proposed expenditure further the objectives outlined
in the Mission Statement?
Yes ( X ) No . ( )
* Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes ( X ) No ( )
* Does the proposed expenditure promote environmental
awareness and understanding and does the proposed project
address environmental considerations?
Yes ( X ) No ( )
* Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/
dredging/management projects7
Yes ( X ) No ( )
FEB O 9 1S99
Collier County Tourist Development Council
Grant Application
Page 4
* Is the proposed Project required by a regulatory agency as
a condition for approval/funding'the Collier County beach
restoration projects?
Yes ( ) No ( X )
* Will the proposed project contribute significantly to the
progress of the beach restoration projects?
Yes ( X ) No ( )
* Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No ( X )
* Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
,A, restoration project?
.Yes ( X ) No ( )
* Is there a potential for an alternative/matching funding source?
Yes ( ) No ( X )
If "Yes", please identify
* Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes ( X ) No ( )
* Has the project been reviewed and recommended by the Beach
Renourishmcnt/Maintenance Advisory Committee?
Yes. This application will be considered by the Beach
Renourishment/Maintenance Committee at their regularly
scheduled meeting. Their recommendation will be forwarded
under separate cover.
N°'~
FEB O 9 15;99
pc,. "7//
Collier County Tourist Development Council
Grant Application
Page 5
I have read the Beach Renourishment and Pass Guidelines and criteria and
agree that my or'ganization will comply with all guidelines and criteria.
f Bibby, P.E., Director, Public Works Engineering Department
Signature of Organization's Chief Official or Designee*
Date:
*Director of Office of Capital Projects Management authorized to sign
Category "A" applications on behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, Agenda Item 16(H) (2). Director of Office of Capital
Projects Management position was renamed to Director of Public Works
Engineering effective October 1998.
HEH.Ih. I1516
FEB 0 9 1S99
.
Collier County Tourist Development Council
Grant Application
Page 6
PROJECT BUDGET
PROJECT MANAGE.'MENT FEES
Public Works Engineering Department
ACTIVITY A1NIOUNT
1. Marco Island Beach Renourishment (PN80218) 3,100.00
2. Capri/Big Marco Pass Inlet Management (PN80221) 900.00
3. Clam Pass Inlet Management (PN80222) 960.00
4. Caxambas Pass Inlet Management (PN80223) 580.00
5. Collier County Beach Restoration (PN80225) 62,400.00
6. Wiggins Pass Inlet Management (PN80226) 4,540.00
TOTAL $72,480.00
Grant Appl. 11516
FEB 0 9 1S99
735 8TH STREET SOUTH, /~54PLES, FL 34102
941434-4655 Suncorn 974-4655
FAX NO. 941-434-4620
TO: Board of County Commissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recci~.endazion
The antached requesz for TDC Category A funding, submitted by_the
Collier County Board of County Cormmissioners :
to be used for interim mechanical dredging and maintenance of
Aids to navigation at Wiggins Pass during FY 98/99 ':
is recommended to be:
X Approved as submitted.
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Richa/rd~Lyd~o~a~ Date _08 January 1999
JCSZTDCFO~.WPW
FEB O 9 1599
x,/,-/
EXHIBIT A
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass 2x, laintenance
(Beach Renourishment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
3301 East Tamiami Trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
2. Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-8192
3. Organization's Chief Official and Title:
Commissioner Barbara B. Berry
Chairman
Board of County Commissioners
4. Brief Project Description:
Interim Mechanical Dredging and Maintenance of Aids to Navigation
at Wiggins Pass during FY 98/99.
FEB 0 9 1S99
~s.
Collier County Tourist Development Council
Grant Application
Page 2
5. Estimated project start date: February, 1999
6. Estimated project duration: Eight (8) months
7. Total amount requested: $62,500.00
8. If the full amount requested cannot be awarded, can the
program/project be restructured to accommodate a smaller
award?
Yes No X
9. Identify the goals and objectives for the project:
The project consists of establishment of a fundin~ account to:
(a) enable mechanical dredging to be performed at Wiggins Pass as an interim
measure pendin~ rekmlarlv scheduled hydraulic dredging and (6) maintain the aids
to navigation located in the main channel, south channel and Water Turkey Bay.
10. Describe what benefits will be received from the project:
The proposed dredging; activity, when deemed necessary, will
provide the ability to maintain the minimum operating depth in the
channel as recommended in the Wiggins Pass Inlet Management Plan.
Maintenance of the aids to navigation is necessary to assure proper
signage is in place based upon current operating conditions within
the associated waterways.
11. Describe how the effectiveness of the project will be evaluated:
Performance of the monitoring element of the Inlet Manae:ement Plan
will provide the vehicle for evaluation of the impacts from this
activity.
FEB 0 9 1S99
,
Collier County Tourist Development Council
Grant Application
Page 3
12. Describe how the project enhances exiting County Tourist
Development Programs:
This activity will enhance compliance with the navigation and public
safety element of the Inlet Management Plan and thereby help to
ensure the viability of a major tourist attraction in the area.
13. Describe how financial resources ~vill be monitored:
The project budget will be managed through the existing financial
and management structure of Collier County and will be administered
by a project manauer in the Public Works Engineering Department.
The basis of the pr~ect budget consists of the estimate of contractual services
necessary_ to perform the proposed dredging: and maintenance activities during FY
98/99.
The total amount of the proposed budget is $62,500.00
14. Please complete the following questions and provide additional
information, if necessary:
* Does the proposed expenditure further the objectives outlined
in the Mission Statement?
Yes ( X ) No ( )
* Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes (x) No ( )
* Does the proposed expenditure promote environmental
awareness and understanding and does the proposed project
address environmental considerations?
Yes ( X ) No ( )
FEB O 9 1S99
PG. /'/7 ....
Collier County Tourist Development Council
Grant Application
Page 4
* Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/
dredging/management projects?
Yes ( X ) No ( )
* Is the proposed Project required by a regulatory agency as a
condition for approval/funding the Collier County beach
restoration projects?
Yes ( ) No ( X )
* Will the proposed project contribute significantly to the
progress of the beach restoration projects?
Yes ( X ) No ( )
* Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No ( X )
* Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes ( X ) No ( )
* Is there a potential for an alternative/matching funding source?
Yes ( ) No ( X )
If "Yes", please identify
* Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes ( X ) No ( )
FEB 0 9 1599
Collier County Tourist Development Council
Grant Application
Page 5
* Has the project been reviewed and recommended by the Beach
Renourishment/Maintenance Advisory Committee?
Yes. This application will be considered by the Beach
Renourishment/N{aintenance Committee at their regularly
scheduled meeting:. Their recommendation will be forwarded
under separate cover.
I have read the Beach Renourishment and Pass Guidelines and criteria and
agree that my organization will comply with all guidelines and criteria.
~Signature of Organization's Chief Official or Designee*
,ate:
*Director of Office of Capital Projects Management authorized to sign
Category "A" applications on behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, Agenda Item 16(H) (2). Director of Office of Capital
Projects Management position was renamed to Director of Public Works
Engineering effective October, 1998.
HEH.Ih.11520
Collier County Tourist Development Council
Grant Application
Page 6
PROJECT BUDGET
Mechanical Dredging and/~i aintenance of
Aids to Navigation at Wiggins Pass
ACTIVITY ANIOUNT
1. Mechanical Dredging
(a) Barge and Crane (240 hrs. @ $250.00) $60,000.00
2. Maintenance of Aids To Navigation
(a) Supplies & Material
(Lights, batteries, signs, pilings, etc.) $1,000.00
(b) Contractual Services 1,500.00
Total $62,500.00
Grant Appl.11520
EXECUTIVE SUMMARY
APPROVE FINAL ROADWAY TYPICAL SECTION DESIGNS FOR
LIVINGSTON ROAD AS AN URBAN FACILITY BETWEEN IMMOKALEE
ROAD AND THE LEE/COLLIER COUNTY LINE.
OBJECTIVE: Board approval of recommended Typical Section design features
for initial two laning construction and ultimate built-out improvements for the
Livingston Road project north of Immokalee Road.
CONSIDERATIONS: During the past twelve months, the Board authorized and
entered into several Developer Contribution Agreements with Long Bay partners
for design and construction of roadway and utility improvements for Livingston
Road between Immokalee Road and the Lee/Collier County line [Ref. Agenda
Items 8(B)l and 8(B)3 dated November 10, 1998 and January 12, 1999,
respectively]. Contract engineering and design services are being provided by
Hole, Montes and Associates, Inc. as also previously authorized by the Board.
Design development activities to date by the County's consultant have primarily
focused on key roadway alignments and features for longterm public use and
enjoyment. The attached Typical Section drawings (Exhibits A1, A2, B1, B2)
depict the general characteristics and specific roadway features of Livingston
Road as an urban facility under both the initial two lane and ultimate six lane
conditions. These Typical Section designs incorporate minimum County standards
for roadway travel lanes and also include provisions for on-road bicycle lanes and
off-road sidewalk facilities. Significant roadway design features and staff
planning actions include:
· Coordination with and approval by Lee County staff;
· Coordination with and acceptance by Long Bay Partners relative to land
development impacts and desired roadway aesthetics;
· Provisions for County water, sewer, and effluent main systems;
· Compliance with County transportation policies for separate sidewalk and
bicycle facilities;
· Provisions for future median and roadside landscaping;
· Provisions for meandering a segment of the north/south three mile roadway
along a curvilinear a!ignment to accentuate future landscaping;
· Evaluations for containing construction activities within boundaries designated
under previously authorized environmental permits;
· Right-of-way for future dedication of conservation easements to the U.S.
Army Corps of Engineers as part of on-site mitigation; and
· Stormwater management requirements within the rights-of-way and within
adjacent developer lake systems.
FEB L3 9 1999
pc. i
Executive Summary
Final Roadway Livingston Road
Page 2
It is noted that dimensional and positional parameters of the Typical Section
drawings are preliminary, and will be subject to revision and refinement during
final design activities. However, inasmuch as the functional and operational
needs of Livingston Road have been established for policy compliance, staff
recommends a formal adoption and approval of Typical Sections A1 and A2 for
the first two miles north of Immokalee Road and Typical Sections B 1 and B2 for
the third mile terminating at the Lee/Collier County line.
FISCAL IMPACT: There is no direct fiscal impact nor expenditure of funds
attendant to the staff recommendations herein. Prior Board actions as outlined
above have established appropriate funding needs for Livingston Road design and
construction stages.
GROWTFI MANAGEMENT IMPACT: The construction of Livingston Road
(CIE No. 021) is consistent with the County's Growth Management Plan, and is
shown on the Year 2020 Roadway Needs Network Plan and the Year 2020
Roadway Financially Feasible Network Plan.
RECOMMENDATIONS: That the Board of County Commissioners functionally
and operationally approve the attached Typical Sections for Livingston Road
without modification, and direct staff to complete final designs and right-of-way
acquisitions as previously a
REVIEWED BY' f DATE:
~ff Bibby, P.E., DireCtor
Public ~erks ~n~inee n~ D artment
Public Works Division
FEB 0 9 1999
PG.
FEB 0 9 1999
s,,.,.,.,,~, -.
FEB D 9 1999
PC,. ~'
NO, ~~.,,~
FEB 0 9 1899
EXECUTIVE SUMMARY
APPROVE CHANGE ORDER WITH GULF STATES, INC., BID 97-2734, AND
AMENDMENT TO HOLE MONTES AND ASSOCIATES, INC., WORK ORDER
HMA-95-2, RELATED TO REDUNDANT TELEMETRY, PROJECT 70124.
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Goveming
Board of the Collier County Water Sewer District, delete a substantial portion of the work
remaining in the construction agreement with Gulf States, Inc., with the intent to develop
an altemative approach using newer technology for providing an integrated
communication system capable of monitoring and controlling remote water production
and distribution facilities from multiple locations.
CONSIDERATIONS: On November 4, 1997, the Board awarded Bid 97-2734, agenda
item 16(B)(4). A construction notice to proceed was issued effective February 2, 1998.
Change Order No 1 added 122 days to the contract time. The final contract completion
date was December 31, 1998.
This contract was to provide redundant telemetric monitoring and control of remote water
/._, supply and distribution facilities by duplicating the existing system components. The
existing telemetric monitoring and control system is functional; however, it is not
keeping up with advances in technology. As our water system continues to grow, the
telemetry system needs to be able to grow with it. Staff has experienced difficulties
completing growth-related improvement projects because of problems related to the
existing telemetric monitoring and control system. Some of the problems include:
· Software upgrades were not performing as intended.
· Compatibility problems between the existing software and hardware required the
development of non-standard interfacing software.
· Obsolete hardware makes replacement and repairs unattainable.
· Delays were experienced on multiple construction projects because it was becoming
increasingly more difficult to complete the portion of the work related to telemetry.
Since the contract was awarded, there have been changes to key personnel within the
Water Department. Staff now recognizes, based on input from our consultants, that the
end product the Contractor was hired to provide will not meet the future needs of our
Water Department. Staff recommends that the existing telemetry projects be redefined
with the primary goal to increase operational efficiency through communication
networking and process automation using newer technology.
,,_., Primary objectives will be to maximize cost competitiveness and improve reliability.
Emphasis will be placed on a system which will reduce dependence on outside support,
simplify demands placed on operations staff, reduce maintenance burden, increase
FEB O 9 1999
Executive Summary
Bid 97-2734, Redundant Telemetry
Page 2
availability of outside support and supply, and can be integrated with a fault-tolerant
communications network.
The Contractor was ordered to stop work on August 7, 1998. A proposed change order to
reduce the scope and resume the balance of the Work is attached. The proposed change
order reflects work completed through the date of the stop work order, work remaining to
be completed, and an adjustment to the contract amount related to discontinuing work in
progress and the substantial reduction in work scope.
A summary of contract change orders for Bid 97-2734 is tabulated below:
Contract Contract
Changes Amount Time, days Description
Original $297,570.00 210
1 0.00 122 Change communication sharing
device at remote sites
Total $297,570.00 332 Current Contract
2 ($196,570.00) 90 Reduce work scope
Total $101,000.00 422 Proposed Contract
Additional engineering fees are needed to accommodate the proposed change and to
close-out the construction contract. Proposed Amendment 2 is for professional services
related to completing the project and includes contract administration, site visits, and
meetings as described in the attached letter proposal dated January 20. 1999.
On May 2, 1995 Work Order HMA 95-2, agenda item 16(H)(4), was approved by the
Board for Hole Montes and Associates, Inc., to provide engineering services related to the
redundant telemetry system for the Water Department. On February 27, 1996, the Board
approved Amendment 1, agenda item 16(B)(1), to incorporate several major changes and
modifications to the Scope of Work. All engineering i~es approved through Amendment
1 have been expended for services related to the stop work and subsequent discussions
and meetings with staff and the Contractor in the de~. elopment of the proposed change
order. A summary of total fees approved and proposed for Work Order HMA-95-2 are as
follows:
Fees
Original Agreement 39,700
Amendment 1 24,200
Proposed Amendment 2 8,000
Total $71,900
FEB 0 9 1999
Executive Summary
Bid 97-2734, Redundant Telemetry
Page 3
FISCAL IMPACT: Funds in the amount of $740,000 are currently available for
, engineering and construction of this project, and also, a project to provide a wide area
network, in:
Fund: 412, County Water Capital Projects
Cost Center: 273511 Combined Water Capital Projects
Project: 70124, Water Distribution Telemetry
Upon final payment to the Contractor, remaining funds from the unused portion of the
purchase order amount will be retumed to Fund 412, Project 70124.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissions, as ex-officio the
Governing Board of the Collier County Water Sewer District,
1. Approve Change Order 2 with Gulf States, Inc., Bid 97-2734, and authorize the
Public Works Engineering Department Director to execute same;
2. Approve Amendment 2 to Work Order HMA 95-2, with Hole Montes and Associates
Inc., and authorize the Public Works Engineering Department Director to execute
same; and
3. Acknowledge that staff, working with consultants, will develop a new program to
meet the growing needs for telemetric monitoring and control of our water system,
Project 70124.
SUBMITTED BY: , 'k ,, k~,X, DATE:
Alicia Abbott, PWED Project Manager
APPROVED B~_._.., _- DATE:/-.,,~ - q~
Ed I1;c~, Pdbli(WGk~Ai~ator '
KWB :AA~wb:aa
A~ac~ents: Change Order 2, Bid 97-2734
Proposal le~er dated Janua~ 20, 1999, Work Order H~-95-2 ~
FEB 0 9 1999
PG.~ ~
H~~ Preserving and enhancing Florida's quality of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
January 20, 1999
Ms. Alicia Abbott
Collier County Public Works Engineering Department (PWED)
Collier County Govemment Center, Bldg. D
3301 East Tamiami Trail
Naples, FL 34112
RE: Redundant Telemetry,
Proposal for Additional Engineering Services
HMA File No. 1995044
Dear Alicia:
As discussed during our meeting of 6 Januar.y. we have prepared the following proposal for
additional engineering services and fees on the referenced project. This scope of work and fees
is for professional activities relating to the immediate termination of the Counb"s construction
contract with Gulf States, Inc. and will include meetings with the contractor and P%VED, contract
administration. and possible site visits relating to the antenna installation at the Water Treatment
Facility. The fees for this work are estimated at approximately $8,000.
As the existing services authorization has been exceeded. we understand a supplemental
authorization for these fees will be issued to HM&A by Collier Count>' for a not-to-exceed
amount of $8.000 with payment on a time and expense basis. Please note this amount is not
adequate to cover a protracted period of project meetings or litigation activities.
If you have any questions or concerns, please contact me at your convenience. Thank you for
the opportunity to be of service to Collier Count>'.
Very truly yours,
/,/:...-::
~Directo~Lt Management HCP:nsl
cc: Karl Boyer, PWED
Ron Benson, HM&A
Don Wjlliams, TLC " "
N0
FEB 0 9 1999
7-:, *E'Z,'H STREET SC'JTH F'%ST C~:CE B5/15;,;, tjAPLES FLORIDA 34!'): %,,',12C2 ~,;,"7 FAX 941-262-6528 PG.
W:\I995\1995044'~HCPq9990120-AA*FEES~TERMINATION,DOC ' ,.
Sheet1
Bid 97-2734, Redundant Telemetry
Proposed Change Order 2
Prev Revised Proposed
Item Contract Amount This Work to Contract CO 2
Number Amount Paid Period Complete Amount Amount
M-1 13,100.00 1,980.00 1,980.00 (11,120.00)
M-2 750.00 0.00 (750.00)
S-1 4,300.00 1,850.00 1,850.00 (2,450.00)
S-2 9,270.00 0.00 (9,270.00)
S-3 8,600.00 6,310.00 6,310.00 (2,290.00)
S-4 2,400.00 1,986.72 413.28 2,400.00 0.00
S-5 2,350.00 2,350.00 2,350.00 0.00
M-3 4,500.00 450.00 450.00 (4,050.00)
S-6 10,590.00 10,590.00 10,590.00 0.00
L-1 8,600.00 1,350.00 1,350.00 (7,250.00)
WM-1 15,400.00 15,400.00 15,400.00 0.00
WM-2 40,200.00 10,050.00 10,050.00 (30,150.00)
WM-3 16,280.00 5,503.23 5,503.23 (10,776.77)
WM-4 21,450.00 5,360.00 5,360.50 10,720.50 (10,729.50)
WM-5 22,400.00 0.00 (22,400.00)
WM-6 19,290.00 0.00 (19,290.00)
WM-7 10,320.00 0.00 (10,320.00)
WM-8 5,050.00 0.00 (5,050.00)
WM-9 5,950.00 0.00 (5,950.00)
WM-10 1,290.00 0.00 (1,290.00)
WM-11 9,880.00 0.00 (9,880.00)
WM-12 2,820.00 0.00 (2,820.00)
WM-13 1,790.00 0.00 (1,790.00)
WM-14 9,880.00 0.00 (9,880.00)
WM-15 2,820.00 0.00 (2,820.00)
WM-16 1,790.00 0.00 (1,790.00)
WM-17 9,880.00 0.00 (9,880.00)
WM-18 2,820.00 0.00 (2,820.00)
WM-19 1,790.00 0.00 (1,790.00)
WM-20 9,880.00 0.00 (9,880.00)
WM-21 2,820.00 0.00 (2,820.00)
WM-22 1,790.00 0.00 (1,790.00)
WM-23 7,760.00 0.00 (7,760.00)
WM-24 4,780.00 0.00 (4,780.00)
WM-25 1,740.00 0.00 (1,740.00)
PB-1 3,240.00 3,240.00 3,240.00 0.00
Adjust-1 0.00 28,806.27 28,806.27 28,806.27
96,570.00~ ,,so.b,,, z
Page 1
CHANGE ORDER
CHANGE ORDER NO.: 2 CONTRACT NO.: 97-2734
TO: Gulf States, Inc.
4585 Progress Avenue
Naples, Florida 34104
Attn.: Mr. Marry Rogers, Project Manager
DATE: January 26, 1999
PROJECT NAME: Redundant Telemetry for the Collier County Water Department
PROJECT NO.: 70124
Under our AGREEMENT dated: November 4, 1997 and November 24,1997.
You hereby are authorized and directed to make the following change(s) in accordance
with terms and conditions of the Agreement:
Provide antenna mounting structure and grounding on the roof of the North County
Regional Water Treatment Plant and delete the balance of the Work. An adjustment to
the contract amount is included because the scope of work will be substantially reduced.
A breakdown of the proposed change order amounts is attached.
FOR THE Deductive Sum of: One hundred and ninety six thousand, five hundred and
seventy dollars and no cents ($196,570.00).
Original Agreement Amount $ 297,570.00
Sum of Previous Changes 0.00
This Change Order (Deduct) ($ 'r96,570.00)
Present Agreement Amount $101,000.00
FEB 0 9 1999
The time for completion shall be increased by 90 calendar days due to this Change
Order. Accordingly, the Contract Time is now 422 calendar days. The final
completion date is March 31,1999. Your acceptance of this Change Order shall
constitute a modification to our Agreement and will be performed subject to all the same
terms and conditions as contained in our Agreement indicated above, as fully as if the
same were repeated in this acceptance. The adjustment, if any, to the Agreement shall
constitute a full and final settlement of any and all claims of the Contractor arising out of
or related to the change set forth herein, including claims for impact and delay costs.
Accepted: ,19
CONTRACTOR: OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,
EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
~////'Y ' 5 Paul M'attauc~,~ater Director
By: -
Jeff Bibby, P.E., PWED Director
DESIGN PROFESSIONAL:
'By: /~j/~ .,p,~.,
Ronald E. Benson Jr., Ph.D
Vice President
Hole Montes & Associates, Inc.
For use by owner: FUND: 412 COST CENTER: 273511 OBJECT CODE: 763100 PROJECT NO.: 701'l ......
FEB 0 9 1999
EXECUTIVE SUMMARY
REQUEST APPROVAL TO USE FUNDS FROM WASTE TIRE GRANT TO CO-
SPONSOR RUNNING TRACK AT LELY HIGH SCHOOL.
OBJECTIVE: To obtain approval from the Board of County Commissioners to use
State Waste Tire Grant funds to match Lely High School Business Partners private funds
for a recycled tire overlay on Lely High School' s current seven lane asphalt athletic track.
CONSIDERATION: This project will provide a safety surface for an existing asphalt
running track by using tires collected and recycled in Florida. Approximately 70% of the
material used will be from Florida recycled tires. The Waste Tire Grant allows counties to
buy materials made from Florida recycled tires in order to promote the benefits of
recycling and to "close the loop" by buying recycled products.
The project includes the placement of a prominent sign within the stadium or field ticket
booth entrance gate. The sign will name the sponsors and explain the significance of the
recycled tire material used in the track. This highly visible daily reminder of sponsors and
the use of recycled tires reinforces the mission of the Solid Waste Department to educate
the public on the benefits that result when everyone participates in recycling. The
commitment on the part of the school to advertise the benefits of recycling was a major
consideration in sub-granting Waste Tire Grant money to Lely High School.
The project is expected to be completed no later than March 1999. Project costs are not
to exceed $33,000.00. This amount represents approximately 57% of the cost of the
entire project. This project is consistent with the use of Waste Tire Grant funds that was
outlined in the Board' s acceptance of the Recycling & Education Grant, Waste Tire Grant,
and Litter Control and Prevention Grant on 10/06/98, Agenda Item 16B ( 1 ).
FISCAL IMPACT: Funds are available in the 1998-99 Solid Waste Tire Grant.
Fund No.: 472
Cost Center No.: 173423
Object Code: 634999
GROWTH MANAGEMENT IMPACT: None.
FEB 0 9 1999
RECOMMENDATION: That the Board of County Commissioners approve using State
Solid Waste Tire Grant funds to match Lely High School Business Partners private funds
for a recycled tire overlay on Lely High School's current seven lane asphalt athletic track.
SUBMITTED BY: W~rector~W Date:
Davi aste
Management Department
~VmW~D BY: ~ ~, G,44
Stephen Y. Camell, Director, Purchasing Department
APPROVED BY: '~~/a~~d~ Date:/-..2. 8 "q5
Ed Ilschner, Public Works Administrator
EXECUTIVE SUMMARy
ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR
PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR PROPERTIES ADJACENT TO THE
EXISTING LANDFILL IN TOWNSHIP 49S, RANGE 26E, SECTION 25 FOR PUBLIC
RECREATIONAL PURPOSES.
OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board"), to
acquire by girl or purchase of fee simple title interests for properties located in Township 49S, Range
26E, Section 25 for public recreational purposes.
CONSIDERATION: On April 28, 1992, the Board adopted Resolution No. 92-253 authorizing the
purchase of vacant properties contiguous to the existing County Landfill.
On November 3, 1998, the Board directed staff to pursue acquisition of additional parcels in Section
25, contiguous to the existing County Landfill to complete the 360 acres that was previously approved
for public purpose. Purchase of these parcels will allow for the uninterrupted development of and a
significantly improved design for a public golf course, and/or "action sports park".
Staff has reviewed alternative locations, environmental factors, cost variable, safety and welfare
consideration as they relate to public purpose and the Board finds that the most feasible location for the
purchase of land is being more particularly described in Exhibit "A" of the attached Resolution.
FISCAL IMPACT: Estimated cost to purchase the seven (7) parcels of land required to complete the
360 acres is $310,322. This includes all operating expenses such as title policies, appraisal fees and
staff time. Funding for the acquisitions is recommended to be the Solid Waste Fund. As this is the
funding source that was used to purchase all of the initial parcels, this will allow for a single fund to be
repaid should the property ultimately be used for recreational purposes.
A Budget Amendment is needed to transfer $310,322 from Reserves:
From: Fund: 470 - Solid Waste
Cost Center: 919010 - Reserves
Object Code: 993000 - Reserve for Capital Outlay
To: Fund: 470 Solid Waste
Cost Center: 173410 - Solid Waste Administration
Object Code: 761100 - Land
Project Number: 59019 - Surplus Land Acquisition
GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the
recommendation is consistent with the County's Growth Management Plan.
No. ,/'f;]O~ I
FEB 0 9 1999
Page 2
Executive Summary-Public Recreational Purposes
RECOMMENDATION: That the Board:
(1) Adopt the attached Resolution authorizing the acquisition by girl or purchase of fee simple title
interests for properties located in Township 49S, Range 26E, Section 25 for public recreational
purposes.
(2) Authorize the Chairman to execute the attached Resolution.
(3) Approve the necessary Budget Amendment
PREPARED BY: ..! c~ .,.. '~..~:: ,~-~; ' · DATE:
Wilma Iverson, Senior Specialist
Real Property Management Department
Dave Russell, Director
Solid Waste Department
APPROVED BYT' ~ct~_'_~'~"'~-, _ DATE:
Xo~'Oi/iffTX~~r
Public Services Division
_
1 RESOLUTION NO. 99-
2 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR
3 PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR PROPERTIES LOCATED IN
4 TOWNSHIP 495, RANGE 26E, SECTION 25 FOR PUBLIC RECREATIONAL
5 PURPOSES.
6 WHEREAS, the Board of County Commissioners ("Board"), on August 7, 1990 authorized
7 staff to acquire properties that were contiguous to the existing County Landfill; and
8 WHEREAS, the Board, on April 28, 1992, adopted Resolution 92-253 authorizing the
9 purchase of vacant properties contiguous to the existing County Landfill; and
10 WHEREAS, the Board previously approved, for public purpose, the purchase of 360 acres of
t 1 vacant property in Section 25, Township 495, Range 26E; and
12 WHEREAS, the Board, on November 3, 1998, directed staff to pursue acquisition of additional
13 parcels in Section 25, contiguous to the existing County Landfill to complete the 360 acres that was
14 previously approved for recreational purposes; and
15 WHEREAS, the continued pursuit of property for public recreational purposes is a component
16 part of the County's Comprehensive Plan; and
17 WHEREAS, alternate locations, environmental factors, long range planning, cost variables,
18 concurrence, safety and welfare considerations have been reviewed as they relate to the implementation
19 of said public recreational purposes such as a public golf course and other recreational facilities; and
2o it has been recommended by County Staff that it is necessary and in the best interest of Collier County,
21 Florida, to maintain flexibility over the acquisition of property rights required for vacant land for
22 public recreational purposes, hereinafter referred to as "Project" as identified on Exhibit "A" attached
23 hereto and incorporated herein by reference; and
24 WHEREAS, acquiring vacant property for public recreational purposes has been determined by
25 the Board to be necessary and in the best interest of Collier County in order to protect the health, safety
26 and welfare of the citizens of Collier County, and will assist Collier County in meeting certain
27 concurrency requirements of the Growth Management Plan for Collier County.
28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
29 COLLIER COUNTY, FLORIDA, that:
_S
~ 1. The Board has considered the environmental factors, safety'factors and fiscal considerations
relating to the final adopted location of the purchase of vacant property for public recreational
3 purposes.
4 2. The purchase of vacant properties by fee simple title interests identified on Exhibit "A" is
5 necessary for public purpose, is in the best interest of Collier County, and is the most feasible location,
6 in order for the County to accumulate properties contiguous with the presently County-owned property.
7 3. The purchase of the property is compatible with the long range planning goals and objectives of
8 the Growth Management Plan for Collier County.
9 4. It is necessary and m the best interest of Collier County for the Board to acquire vacant
10 properties by fee simple title iracrests, identified in Exhibit "A"; and County Staff is hereby anthorized
11 and directed to acquire by gift or purchase; fee simple title interests, on the properties identified in
12 Exhibit "A".
13 5. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the
14 appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners.
~ The Board further directs staff to use appraisal reports or internal compensation estimates as staff
.~ determines is necessary to best serve the needs of the Project in a timely and cost-effective manner.
17 6. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby
18 formally waives the requirement for a formal, independent appraisal report for the purchase of a
19 property where the purchase price of the parcel (the compensation due to the property owner) is less
2O than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal
21 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of
22 which shall be predicated on "staff compensation estimates" based upon independent appraisals (and
23 the data therefrom) obt:tir~ed on similar properties and upon consideration and application of
24 appropriate market value and cost data pertinent to the subject parcels.
25 7. Upon the approval by the County Attomey's Office of all documents necessary for the subject
26 property acquisition, Real Property Management Department staff is hereby directed to offer
27 immediate delivery to the respective property owners of the full compensation (as established by the
28 appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355,
Florida Statutes), in return for the immediate and proper execution of the deeds and such other legal
1 interests of the County; and the Board hereby authorizes its present Chairman and any subsequent
2 Chairman, for the life of the Project, to execute any instruments which have been approved by the
3 Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose
4 as may be required for the acquired fee simple title interests.
5 8. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
6 mechanism, the Public Works Administrator, or his designee, is charged with the responsibility for
7 completion of various public facilities, and is hereby delegated the authority to approve the purchase of
8 land interests above the staff compensation estimate or appraised value and pay normally related costs
9 when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition
10 budget for the parcel being acquired, only when the difference between the purchase price and
11 compensation estimate or z~ppraised value is less than Fifteen Thousand and 00/100 Dollars
12 ($15,000.00) or the current purchasing limits established by the Collier County Purchasing
13 Department; provided, Project funding is available.
14 9. That the settlement approval authority is delegated by the Board to the extent that such
15 approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
16 10. The Chairman of the Board is hereby authorized to execute Purchase Agreements where the
17 land owner has agreed to sell the required land rights to the County at its appraised value or at that
18 amount considered the "Administrative Settlement Amount" as such term is internally used by the
19 administrative agencies of Collier County.
20 I 1. Where the property owner agrees, by "Purchase Agreement", to convey a necessary interest in
21 real property to the County, and upon the proper execution by the property owner of those fee simple
22 title interests, and such o~hcr legal documents as the Office of the County Attorney may require, the
23 Board hereby autl~orizes the Finance Department to issue warrants, payable to the property owner(s) of
24 record, in those amounts as shall be specified on a closing statement and which shall be based upon the
25 appraisal or staff compensation estimate in accordance with this Resolution and the provisions of
26 Section 125.355, Florida Statutes.
27 12. All title to properties or interests in properties which have been obtained in the manner
28 described above shall be deemed "accepted" by the Board of County Commissioners, as the governing
29 body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is
-i-~Agenda/~
30 hereby authorized to record in the Public Records of Collier County, Florida, said fee simple title NO,/If'. i ,
F E 8 0 S 1999
,~ interests and such other instrttments as may be required to remove the lien of any encumbrance from
the acquired properties.
3 THIS RESOLUTION ADOPTED on this ~ day of ., 19 , after motion, second
4 and majority vote.
5 BOARD OF COUNTY COMMISSIONERS OF
6 COLLIER COUNTY, FLORIDA
7 ATTEST:
8 DWIGHT E. BROCK, CLERK
9 By:
I0 Pamela S. Mac'Kie, Chainvoman
11
12 Clerk
13
14 Approved as to form and
.... legal sufficiency:
18 Heidi F. Ashton
19 Assistant County Attorney
20
21
22
23
24
25
26
27
28
F E B'O 9 i9i9
-~"- EXECUTIVE SUMMARY
AUTHORIZE THE LANGUAGE AND CONFIRM BOUNDARIES FOR THE
GOLDEN GATE NEIGBORHOOD PARK MSTU SURVEY.
Objective: That the Board of County Commissioners approve the language and
confirm the survey boundaries for the Golden Gate neighborhood park (Tract 179)
survey.
Consideration: On January 12, 1999, staff reported the results of a survey relating
to a proposed MSTU district to support a neighborhood park. Upon reviewing the
survey results, the Commission directed staff to expand the size of the proposed taxing
district; thus, reducing the taxable impact per resident. Enclosed is the proposed cover
letter, subsequent survey, and a map indicating the proposed MSTU district boundaries.
Growth Management: Tract 179 is currently accounted for in the Parks and
Recreation inventory.
Fiscal Impact: The survey will cost an estimated $2,000 for postage and printing.
These funds have been previously authorized by the Board (001-156310).
-"' Recommendation: That the Board approve the boundary size and language as
proposed.
(J John Dick, Operations Coordinator
Department of Parks and Recreation
Reviewed and ~.~
eation
Reviewed and
Approved b37:
Thci;as'~.' O~it~, Adm'L~rator ' '
Division of Public Services
COLLIER COUNTY GOVERNMENT
DIVISION OF PUBLIC SERVICES 3300 SANTA BARBARA BOULEVARD
PARKS AND RECREATION DEPARTMENT NAPLES, FLORIDA 33999
(941) 353-0404
February 12, 1999 FAX (941) 353-1002
Re: Proposed Neighborhood Park (Tract 179)
A CERTIFIED BLUE CHIP COMMUNITY
Dear Property Owner:
The Board of County Commissioners approved the purchase of 4.5 acres in northwest Golden Gate City for
purposes of a constructing a neighborhood park with a condition that a Municipal Services Taxing Unit (MSTU) is
created within eighteen (18) months of purchase to provide a funding source for the park. The site is located off of
18'h Court SW and 52n~ Terrace SW.
The purpose of this survey is to find out if residents are (1) interested in creating a MSTU to fund the neighborhood
park at said location; if so, (2) what type of neighborhood park would residents prefer. There are two types of
parks: active and passive. An active park is similar to Aaron Lutz Park in Golden Gate where there are lighted
tennis and basketball courts, a basic ball field and a playground area. A passive park, on the other hand, is limited
to a playground, pathway, and an open space area.
A MSTU is a special assessment (or tax) for a service (in this case a park) that would provide an immediate benefit
only to a particular area of the community. Below is the estimated annual assessment rate to construct and maintain
either park in your community. The rate is based on an average Property Appraiser's valued home of $35,000,a
twenty-year loan to fund the construction of the park, annual operational maintenance, and the initial purchase of
the land at $80,000.
Option #1 (Passive Park) $157,425 Estimated Cost $12 / household annually
Option #2 (Active Park) $474,364 Estimated Cost $29 / household annually
Since your property is located within the boundary of the proposed assessment district, it is respectfully requested
that you complete and sign the artached petition to indicate your preference in this regard. Upon completion, please
return the petition to the following address by March 5, 1999:
Mr. John Dunnuck, Operations Coordinator
Department of Parks and Recreation
3300 Santa Barbara BIvd.
Naples, Florida 34116
Thank you very much for your participation in this important matter. If you should have any questions, please give
me a call at (941) 353-0404.
Sincerely,
John Dunnuck. Operations Coordinator
Department of Parks and Recreation
Attachment ...... ,..
cc: The Honorable Timothy J. Constantine, Commissioner, District 3 ~~l.~
Robert Femandez, County Administrator FEB 0 9 1999
Thomas W. Oliff, Administrator, Public Services Division
PETITION FORM
TRACT 179 NEIGHBORHOOD PARK
To the Board of County Commissioners of Collier County, Florida, to wit:
The undersigned petitioner, owner of real property within the proposed Municipal Service
Taxing and Benefit Unit hereby requests THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORID& to construct and maintain a
neighborhood park located on Tract 179, a 4.5 acre parcel of land located off of 18th Court
SW and 52*~ Terrace SW.
It is understood that the purpose of this Municipal Service Taxing and Benefit Unit is to
fund the purchase, construction, and maintenance of neighborhood park.
The park shall be paid for by ASSESSMENT and collection by billing or a lien sufficient
amount to meet the cost of said park. Assessments shall be based upon the appraised value
of your parcel as determined by the Office of the Property Appraiser.
Upon receipt of the signed petitions, the Parks and Recreation Department will verify that
the duly signed petitions indicate that fit~y percent (50%) plus one of the real property
owners within the boundaries of the proposed benefit unit are in favor of creating the
benefit unit to provide a funding source for the project. Such determination will then be
presented to the Board of County Commissioners for consideration during an advertised
public hearing.
['] I am in favor of creating the Municipal Service Taxing and Benefit Unit (MSTU)
I"] I am not in favor of creating the Municipal Service Taxing and Benefit Unit (MSTU)
I prefer the following option to be pursued upon creation of the Benefit Unit.
I'] Option #1 (Passive Park)
['] Option #2 (Active Park)
PETETIONER'S NAME (Print or Type) Tax Parcel #
AND ADDRESS Folio #
Legal Description
PETITIONER'S SIGNATURE
FEB 0 9'1g;9
Po o-._,,~
Golden Gate Tract 179
Proposed Boundary
FEB 0
AUTHORiZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL
PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD
SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORiDA
OBJECTIVE: Recommendation that the Board of County Commissioners authorize the
CHAIRWOMAN to execute Satisfaction of Lien documents filed against real property for
abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of
Collier County, Florida
CONSIDERATIONS: The Board of County Commissioners authorized the filing of Liens, for the
purpose of receiving compensation for nuisance abatement on the real property described as
follows:
SEE EXHIBIT "A"
Said Liens were recorded in Official Record Book of the Public Records of Collier County,
Florida. The owners of said properties have paid to the Board of County Commissioners sums
representing full payment of principal and interest due under said Liens. Collier County has
verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and
order the Clerk of Courts to record same in the Public Records of Collier County, Florida.
FISCAL IMPACT: The appropriate recording fees $ 210.00, are charged to the MSTD General
Fund - Code Enforcement Admin. (111-138911).
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the CHAIRWOMAN
to execute the attached Satisfaction of Lien documents filed against real property for abatement
of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier
County, Florida.
\
Prepared by:.~'_ '50,'. x-L(; ~.,.. Date: \
Pam C is, Revenue Supervisor
Reviewed by Date:
Teresa A. Riesen, Revenue Manager
Rffve ue Seryices
Reven~ Se~ices Department
,, .: ,/5" t ,. t /
Reviewed by: ......': C- ' ~' ~'' ""t~ Date: ~ "- ', / ':'
Leo 'Ochs~ J~,'Admi~is . tor
Support Services' Division
. /':.
.F E B 8 9 1999
EXHIBIT A
1. Ralph W.Taylor, Jean N Taylor & Keith Taylor, FOLIO #63863160001, Blk 39 Lots 29 thru 33.
2. Don Hutchison & Karen Hutchison, FOLIO #58119480000, Lot 9, Blk 424, Marco Beach Unit
13.
3. James J. Broderick & Rose Marie Broderick, FOLIO #57744520006, Lot 13, Blk 290, Marco
Beach Unit 8.
4. Andi Pearson & Carol Irving, FOLIO #57648760001, Lot 6, Blk 184, of Marco Beach Unit 7.
5. Ursula Haertel, FOLIO #59026000006, Lot 15, Blk 789 of a Replat of a Portion of Marco Beach
Unit 25.
6. James J. Broderick & Rose Marie Broderick, FOLIO #57744520006, Lot 13, Blk 290, Marco
Beach Unit 8.
7. Carol L. Goodlad TR, ITF Fischer Family Trust, FOLIO #62844240006, Lot 1 Blk 76 of Naples
Park.
8. James J. Broderick & Rose Marie Broderick, FOLIO #57744520006, Lot 13, Blk 290, Marco
Beach Unit 8.
9. Elianne Francis, FOLIO #51241360008, Lot 17, Blk B Immokalee Highlands.
10. David Bernd, FOLIO #56944760007, Lot 1, Blk 132, Marco Beach Unit 4.
11. John A. Simeone, FOLIO #62101520003, Lot 3, Blk 13, Naples Manor Addition.
12. James J. Brokerick & Rose Marie Broderick, FOLIO #57744520006, Lot 13, Blk 290, Marco
Beach Unit 8.
13. Maurice C. Rix, FOLIO #62203520008, Lot 16, Blk 5, Naples Manor Extension.
14. Eugenio Lopez & Susana Lopez, FOLIO #56945680005, Lot 34, Blk 132, Marco Beach Unit 4.
FEB O 9 1999
pg,
15. Thomas Walsh, FOLIO #36003240006, Lot 17, Blk 105, Golden Gate Unit 3.
16. Levon R. Roupeman, FOLIO #62838920002, Lot 25, Blk 46, Naples Park Unit 6.
17. Ram Ventures Inc., % Facooneer Title & Marble, Folio #36004160004, Lot 14, Blk 106,
Golden Gate, Unit 3.
18. Maurice C. Rix, FOLIO #62203520008, Lot 16, Blk 5, Naples Manor Extenstion.
19. Lee D. Mc Caskey & Joan J. Mc Caskey, FOLIO #36305840007, Lot 20, Blk 189, Unit 6,
Golden Gate.
20. Euestolio Leal & Socorro Santillan, FOLIO #57750200006, Lot 4, Blk 298, of Marco Beach
Unit 8.
21. Nivardo Martinez & Elba Martinez, FOLIO #57747040004, Lot 13 in Blk 294, of Marco Beach
Unit 8.
22. Antonia & Flor Marulanda, FOLIO #82536080004, Lot 156, Willoughby Acres.
23. Lars E. & Ann A. Larsson, FOLIO J#36447040008, Lot 20 Blk 250 Unit 7 part - Golden Gate.
24. Raymond & Deborah Quinlan, FOLIO #57681240009, Lot 13, Blk 219, of Marco Beach Unit
No. 7.
25. Klondie Aragon & Jose A. Pena, FOLIO #62096080001, Lot 11, Blk 8, Naples Manor Addition.
26. Sunbrella Homes Inc., FOLIO #36180440004, Lot 3, Blk 158 of Unit 4, Part 1, Golden Gate.
27. Klondie Aragon & Jose A. Pena, FOLIO #62096120000, Lot 12, Blk 8, Naples Manor Addition.
28. Klondie Aragon & Jose A. Pena, FOLIO #62096080001, Lot 11, Blk 8, Naples Manor Addition.
29. Klondie Aragon & Jose A. Pena, FOLIO #62096120000, Lot 12, Blk 8, Naples Manor Addition.
30. Sylvia S. Miller, FOLIO #57680760001, Lot 1, Blk 219 of Marco Beach Unit 7.
31. Magda L. Rodriguez, FOLIO #62098880005, Lot 4, Block 10, Naples Manor Addition.
32. Doris Grossman, FOLIO #60605002906, Lot 35, Block B, Moon Lake, Unit One.
FEB 09 1999
33. Fulvio Ava Salvador, FOLIO #59022200004, Lot 3, Block 786, ofa Replat of a Portion of
Marco Beach Unit Twenty-Five.
34. Ivor Kacenberg, FOLIO #56931680006, Lot 2, Block 115, Marco Beach Unit Four.
35. Frank Kirby, & Therese Kirby, FOLIO #35985640000, Lot 23, Block 85, Golden Gate, Unit
No. 3.
EXECUTIVE SUMMARY
AWARD CONTRACT FOR PROFESSIONAL SERVICES TO PREPARE A
DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR DEVELOPMENT
APPROVAL (DRI/ADA) AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT
PERMIT FOR THE MAIN GOVERNMENT COMPLEX, RFP # 98-2856.
OBJECTIVE: To award RFP # 98-2856, to prepare a Development of Regional Impact
Application for Development approval (DRI/ADA) and South Florida Water Management
District Permit for the Main Government Complex located at 3301 East Tamiami Trail, Naples,
Florida to Wilson, Miller, Barton & Peek, Inc.
CONSIDERATION: On August 14, 1998 the Board authorized a selection committee to
review, evaluate and rank proposals from consulting firms capable of providing professional
services for completing the Application for Development Approval and the South Florida Water
Management District Permit. The selection committee was to negotiate with the top ranked firm
and present a recommendation to the Board. On October 2, 1998 two (2) proposals were
received, Wilson, Miller, Barton & Peek, Inc. and Johnson Engineering. The selection committee
selected Wilson, Miller as the top seated firm.
Negotiations with Wilson, Miller resulted in a fixed fee of $199,500.00 for phase one of a two
phase program. This includes complete preparation of the Application for Development
Approval (ADA). and the South Florida Water Management District (SFWMD) permit.
New construction at the Government Complex will not be approved by the South Florida Water
Management District until they permit the site. The new Jail and Sheriffs facilities are exempt
from the Development of Regional Impact (DRI) but do require the Water Management permit.
Since the Jail and the Sheriffs facilities will be the first buildings to be constructed there will not
be a need to complete the DRI in the immediate future, which will allow staff to phase the
project into the next fiscal year.
Staff recommends the following phasing of the project:
Phase One: Prepare and apply for the South Florida Water Management District permit and
(FY 98-99) prepare the Application for Development Approval. Funds ($199,500) are
available in the approved budget (301-110434-80043)
Phase Two: Apply for the DRI. Staff will have a more accurate projection of the
(FY 99-00) actual cost (attomey fees, mitigation etc.) of procuring the DRI permit after
reviewing the sufficiency questions in the previously prepared ADA. Funds for
this phase will be requested in FY 00 (estimated $200,000.00). The estimate
includes approximately $80,000 for attorney fees. This phased program directs
staff to negotiate phase two for commencement during FY 2000.
No. ,3;~ '~
FEB O 9 1999
Executive Summary RFP # 98-2856
Page 2
FISCAL IMPACT: The total not to exceed fee to be paid to Wilson, Miller, Barton & Peek for
Phase One is $199,500.00 and is budgeted in (301-110434-80043) County Wide Facilities
Capital. Staff will request additional funding (estimated to be $200,000) in FY 00 for Phase Two
to complete the DRI permitting process.
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 Phase One of RFP
# 98-2856 to Wilson, Miller, Barton & Peek, Inc. and authorize the Chairwoman to sign an
agreement with Wilson, Miller, Barton & Peek, Inc. after review by the County Attorney's
Office as addressed within this summary.
PREPARED BY: , ~f-',~ ' ' ~'/~,~,~
z/ DATE:
J~ac/k Crognale, ~,ons't~ction Manager /
;/Department of Facilities Management
, 'f~,d~.',~">':";~4~,,,fd DATE:
REVIEVCED BY:Skip Camli, Director
Department of Facilities management
Stepheff'Y. Ca~ell, Direcio;
Purchasing Department
REVIEWED BY: -~,. -- C-/ ...... -' ~ DATE:
/
F E B O 9 1999
Pg.. ~
EXECUTIVE SUMMARY
Appropriate Carry Forward and Recognize Revenue
Retired and Senior Volunteer Program Fund (116)
Objective: To obtain approval from the Board for a budget amendment to recognize additional
grant funds awarded to the Retired and Senior Volunteer Program for the 1998-1999 grant period.
Consideration: The Corporation for National Service awarded the Retired and Senior Volunteer
Program an increase of $1,600 in the Notice of Grant Awards on August 18,1998. This increase
will be used to compliment volunteer recognition events due to the increased number of senior
volunteers involved in the program.
Fiscal Impact: The revised budget will reflect the additional $1,600 into Volunteer Recognition
(116-121830-649990-33297)
Growth Management Impact: None
,---- Recommendation: That the Board approve the necessary budget amendment to recognize the
additional award for the Retired and Senior Volunteer Program of Collier County.
B~tYy ~tuv~, Project Director, RSVP of Collier County
REVIEWED BY: ("~"-~'~*~C~Z/JZJA Date:/' ?-4 . ~r~
J ' 'w'~~a~Resource Director
~9~4ifer Ed
APPROVED BY: L '~ ~. .~ Date: )- ~
eo Ochs Support Ser ~ r
/"
i..,,..~
FEB 0 9 1999
Po._ /
EXECUTIVE SUMMARY
Appropriate Carry Forward and Recognize Revenue
Retired and Senior Volunteer Program Fund (116)
Objective: To obtain approval from the Board for a budget amendment(s)to appropriate carry
forward and recognize revenue in the Retired and Senior Volunteer Program Fund.
Consideration: At the end of fiscal year 1998, RSVP of Collier County had $1,667.60 unspem
program generated funds. These funds include $441.20 from the JC Penney Golden Rule Award,
$250.00 in earned interest from the Federal Grant monies, and $976.40 from private contributions.
Estimated additional revenue of $2,500 will be generated through awards and sponsorships of the
program this fiscal year. As stipulated in Section 224 of the Federal gram, the Corporation for
National Service may not restrict the use of excess non-federal comributions as long as those
expenditures are not inconsistent with the Domestic Volumeer Service Act. These funds may be
used to enhance the operation of the RSVP Project. In order to accurately administer the Federal
grant, the monies from the program generated funds will be budgeted into a 00000 project number
and Federal Grant monies will remain under the 33297 project number
Fiscal Impact: The revised budget will reflect $2,500 for Volunteer Recognition (116-121830-
649990-00000) The revised budget will also reflect $440 for Office Supplies (116-121830-
651110-00000) and $1,160 for Reserve for Contingencies (116-121830-991000-00000). Future
private contributions received and interest earned will be budgeted using a 00000 project number.
Growth Management Impact: None
Recommendation: That the Board approve the necessary budget amendment(s) to appropriate
carry forward and recognize revenue in the Retired and Senior Volunteer Program of Collier
County.
SUBMITTED BY: /C_~, N~/7',,,,_~ ~/ Date:
BetiF· Stuvd, Project Director, RS~ of Collier Co~W
I.Z6.
~VIE~D BY: ~ ' ~ Date:
ur~ D~tor~,
_75 ~
~PROVED BY: eo Och~
/
~./~
FEB 0 9 1999
Pg.
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of
February 9, 1999
Solid Waste (Fund 472)
Budget Amendment #99-130
Solid Waste
Grants $10,000
Reserves
Contingencies (10,000)
Total: '0-
Explanation: To purchase approximately 300 composting bins, 200 reusable mulch bags, and
educational support materials to help educate residents, businesses, schools, etc. on the value of
backyard composting as part of the ongoing solid waste reduction and recycling program.
General (Fund 001)
Budget Amendment #99-139
/~, Estates Branch Library
Office Equipment $5,236
Reserves
Contingencies (5,236)
Total: '0-
Explanation: To replace phone system damaged by a lightning storm Summer of 1998. IT recently
determined it cannot be repaired.
County Water/Sewer Operating (Fund 408)
Budget Amendment #99-141
Pelican Bay WWTP
Personal Services $(35,600)
Waste Water Lab
Personal Services 35,600
Total: -0~
Explanation: To eliminate one Plant Operator position and convert it to a Lab Tech position of the
same pay range. This change is required to meet operating needs of the Wastewater Department Lab.
...... A(~ENDA ITEM
No./~ E c,,)
FEB-9 1999
Pg.. /
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
FEBRUARY 9, 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. January 11 - 15, 1999
B. January 18 - 22, 1999
3. Minutes:
A. City/County Beach Renourishment Advisory Committee - Agenda ofJanuar5, 7,
1999
B. Collier County Planning Commission - Agenda of January 7, 1999 and minutes of
November 19 and December 3, 1998 meetings
C. Environmental Advisory Board - Agenda of January 6, 1999
FEB O 9 1999
Pg. /
PI~OCLAt~A TION
I~VHEREA~S, the Colh'er Counfy Loan Consoftware and the Cooperative Extension
5errice, a department of ~he Public Services D/v/s/on of Collier
Count, have entered into a pub//c/pfi~ate partnePsh/p,' and,
WHEREAS, ?he m/sstbn of ?he Loan ConsoMHum is ~o help ve~ low, low and
moderate income families achieve home ownership,' and,
~H~EAS, ~hrough ~he ~oard of Coun~ Commissioners' support, the Extension
Service ~eaches Home ~ers educaffon and prepares families for
~he buy/n9 process,' and,
~HE~FA5,more fhan 300 individuals and families have received home bans
fhrough ~he ban consorffum and,
~HF~FA5, home '~mmun/fies by pray/din9 roofs
~HF~EAS, th/~n 1'13} financial in~NtbM~ns hOve ::eo~miMed 12 m/l/ion do/laPs
NOW
for fhe/P
DONE AND
8OA~D OF COUN~ CO~Z55ZONE~S
COLLZF~ COUN~ FL O~ZDA
PAMELA 5. MACKIE. CHATRWOMAN
ATTEST.'
b WIGHT E 8/~OCK, CLERK
AGENDA T'rEM
FEB
Pg.
EXECUTIVE SUMMARY
ACCEPT AN ARTICLE V TRUST FUND GRANT-IN-AID OF $19,496. FRO1M
THE OFFICE OF THE STATE COURT ADMINISTRATOR AND AUTHORIZE
CHAIRWOMEN TO SIGN THE AGREEMENT
OBJECTIVE: To accept an Article V Trust Fund Grant-in-Aid of $19,496 from the
Florida Office of the State Court Administrator and authorize Chairwomen to sign the
agreement.
CONSIDERATIONS: Collier Count), has been awarded an Article V Trust Fund Grant-
in-Aid of Sl 9,496 from the Florida Office of the State Court Administrator. A work plan
for the expenditure of the grant funds and a request for the funds must be submitted by
February 19, 1999. Staff recommends funds be used for criminal case court reporting,
one of the permitted uses. The Chief Judge of the 20"' Judicial Circuit has agreed to this
allocation.
GROWTH MANAGEMENT IMPACT: None
FISCAL I1MPACT: Fund 681, Court Administration, will receive $19,496 in cost center
410310 (Court Reporting). Funds will be expended for that cost center 410310, object
code 633010 (appearance fees).
RECOMIHENDATION: The Board of County Commissioners accept the Grant-in-Aid
of $19,496, authorize the Chairwomen to sign the agreement, approve work plan, and
approve budget amendment.
Prepared by: ~ - Date: ~ ' Z¢~'~ 2
Mark Middlebrook, Court Administrator
/
Reviewed by: '/, ~ - ,', r: , ~ · Date: ,f -7'" :;" ':
Jean Gansel, Budget Analyst
AGENDA iTEM
.,,.,.... NO. .l .: ,,, ( .;,
FEB - 9
Article V Trust Fu~'~d Gram-in-Aid Agreement
""' for Collier County, Florida
This ,A. greel~qe~t is made between the Office of the State Cou~s Adn~il~istrator (the
"OSCA") and the Collier County Board of County Comnnissio1~ers (the "Grantee"). The panics
agree that:
A. The OSCA will pay the Grantee up to S19.496 as a grant-in-aid pursuant to Specific
Apl~1'opriation 2219 of the 1998-99 General Appropriations Act and ~25.402. Fla. Star.
(1997), for costs incurred under Al~icle V of the Florida Constitution in operating the state
cot~l'ts system. coatingera upon sufficient Cotlnty Al~icle V Trust Fund collections. Upon
written request tbr the release of the t~ds. the OSCA will pay out three disbursements
prior' to July' 3 I, 1999 to the Grantee.
B. The G~'a~tee h~s a popul~tio~ of greater tha~3 74.999 and will use grant monies provided
under this Agreeme~3t in accordance with ~25.402(1)(d)(2), Fla. Star. (1997) for expe~
wit~3ess t~es in criminal cases, COurt reporting and transcribing costs in criminal cases. and
costs associated with the appointn3ent ofst3ecial public defenders.
1. The Grantee xvill submit a written requisitio~ to the OSCA for rele:~se ofgra~t fu~qds
m3 later tha~ Febtreaty 19. 1999.
2. The Grantee. i~ consultation ~vith the chief judge of the T~venfieth Judicial Circuit.
~x'ill subn~it a detailed. written pt~xn tbx' use of grant I~xnds to OSCA no later than
Februa~, 19, 1999, for OSCA's use in reporting to the Florida Legislature.
3.The Grantee will not use grant l~nds for lobbying the Florida Legislature. the judicial
branch. or a state agency.
4. The Grantee will retain grant funds not encumbered by June 30, 1999 for subsequent
use in accordance with Provision B. The Grantee will return grant funds not
encumbered by June 30, 2001, along with interest accrued, to the trust fund for
distribution to all counties in the fund's fourth year.
C. This Agreement is subject to the following remus and conditions:
1. The Grantee will maintain proper documentation of all monies spent in a manner
sufficient for proper pre- and post-audit. The Grantee will maintain all expenditure
records for a period of 4 years follo~ving the conclusion of this Agreement.
2. The Grantee will maintai~ all records made or received in conjunction with this
Agreeme~t in accordance with the requirements of role 2.051, Florida Rules of
Judicial Administrations. '
AGENDA ITE~
1o~'2
FEB '-
3. The Grantee vcill release grant funds in accordance with the requiremerits of
.~215.422. Fla. Stat. (1997). incorporated as Attachment A.
4. (For less than $25,000) Withi.n 30 days after the termination date of this Agreement,
the Grantee will provide a sworn statement to the OSCA and the Auditor General
attesting to the Grantee's compliance with the requiren~ents of this Agreement.
(For S25,000 to $100,000) Within 30 days after the termination date of this
Agreement. the Grantee will provide to the OSCA and the Auditor General an audit
per/Brnmd in accordance with the Auditor General rules promulgated pursuant to
~I1.45. Fla. Slat. (1997), or a statement prepared by an independent certified public
accountant that attests to Grantee's comtMiance with the requirements of this
Agreement.
(For more than Sl00.000) Within 30 days a/~er the termination date of this
Agreement. the Grantee will provide to the OSCA and the Auditor General an attdit
pertBrmcd in accordance with the Auditor General rules promulgated pursuant to
~11.45. Fla. Slat. (1997).
5. IC in the judgment oFthe OSCA. the Grantee tBr any reason fifils to comply with the
terms oFthis Agreement. the OSCA will have the right to terminate the Agreement on
5 days written notice by certified mail. In the event of termination. the Grantee will
return all grant IXmds to the OSCA tBr reversion to the Artictc V Trust Fund.
This Agreement constitutes the entire understanding of the parties. All modifications to the
Agreement must be in writing. This Agreement is effective on the date oCexecution and will
terminate on June 30. 1999.
FLORIDA SUPREME COURT, OFFICE OF GRANTEE
THE STATE COURTS ADMINISTRATOR
Kenneth R. Palmet Chair
State Courts Administrator Board of County Commissioners
Collier County
Date Date
AGENDA ITEM '
No. ,' ~ ''~ c -
2 of 2
FEB - 9 lsSS
f'g._
County/Circuit: Collier/20th
Anlount of Award: $19,496 Grant, FY 98-99
Total Budget: $ 19,496
Spending Plan
(':tIC~,IH'~ Grant-in-aid Sul}-Tolals
I~ERSO,~'NICI,
FL'I.I. TIMI,: I!0L'IV..\IJ.:.N1' (1:1'1.21
SUB-TOTAL PERSONNEL
OTIIER I'EI~,SONNI.'I. SER'~'ICICS
CONTI;L-\CTUAI. AGRI.:EM I':NTS
Naples Court Reporting, Inc, for criminal $19 ~ 496
court appearances.
SL'IWFO'I'AI, OPS/CONTR.-\CTL:Ai, SVC
I:X I'I.:NSI.:
SUB-TOIAL EXPENSES. $19 ~ 4,96
()TilER CAPITAl, OUTLAY (()CO)
SUB-TOTAL OCO
/:IXI.:!) CAI'ITAL OL'TLAY
SUB-TOTAL FIXED CAPITAL OUTLAY
GRAND TOTAL $3,9 ~ 496
AGENDA ITEM
BUDGET AMENDMENT REQUEST [ ro~ BudSet~Fi.,.ce Use
BA# ..... : ..........' .............
J~ ................................
BAR~ ..............................
AP Dt
FUND TITLE , ~'C./ ~-.~i~,<;~-;.,.~,~ FUNDNO. ~ ~
Date prepared: % ~ Attach Executive Summa~
BCC Agenda date -? ,~.o Item No. , ' ~ ~
if previously approve& ' * '
EXPENSE BUDGET DETAIL
Project
Cost Center Title Cost Center No. Project Title No.
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
TOTAL
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
TOTAL
, ~ REVENUE BUDGET DETAIL
Cost Cente~ Title Cost Center No. ProjeCt No.
Revenue Revenue Title Increase Current Revised
Object Code (Decrease) Budget Budget
TOTAL
EXPLANATION
Why are funds needed?
Where are funds available?
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
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION ON PARCEL NOS. 140 AND 840 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)
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. 140 and 840 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 Forty-Five Thousand Six and
No/100 Dollars ($45,600.00) for Parcel Nos. 140 and 840 in accordance with the Order of
Taking.
Through negotiations the parties have reached a settlement agreement whereby the property
owners, Robert E. Doyle, Jr. and Kristina Doyle, 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 Fifty Thousand and No/100 Dollars ($50,000.00) to
be paid to the Respondents as full compensation for the property fights taken as to Parcel Nos.
140 and 840.
The Stipulated Final Judgment also provides that Collier County shall pay the Respondents'
reasonable attorney fee in the amount of One Thousand One Hundred Eighty-Seven and 50/100
Dollars ($1187.50) and reasonable expert costs for services rendered by Carroll & Carroll in the
amount of Five Hundred Sixty-Eight and 50/100 Dollars ($568.50).
The Stipulated Final Judgment provides that Collier County shall deposit the additional amount
of Six Thousand One Hundred Fifty-Six and No/100 Dollars ($6,156.00) with the Registry of the
Court.
Staff has reviewed the County's obligations stated in the Stipulated Final Jm rment and consider
them to be reasonable. AGEN DA ITEM
NO. If~
;2, O s iS99
Executive Summary
CC v. Ronald Bender et al. Parcel 140/840
Page 2
FISCAL IMPACT:
Cost: $6,156.00; 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 $6,156.00 into the Registry of the Court.
Prepared by:
/
Heidi F.. Ashton Date
Assistant County Attorney
Robe~ Wiley2~roj ect Manager Date
Office of Capital Projects Management
Reviewed by:
!
Ed Ilschner, Administrator Date
Public Works Division
Approved by:
h:/ew/Execulive Summary/CC v. Bender Parcel 140
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. PARCELS: 140/840
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, ROBERT E. DOYLE, JR. and KRISTINA DOYLE, for entry of a Stipulated Final
Judgment as to Parcels 140 & 840, 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, ROBERT E. DOYLE, JR. and KRISTINA DOYLE, and the
Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADGUDGED that the Respondents, ROBERT E. DOYLE, JR. and
I'CRiSTLNA DOYLE, have and recover t~om the Petitioner, COLLrE-R COU~'N'TY, FLORIDA,
the sum of Fifty Thousand and No/100 Dollars ($50,000.00) for parcels 140 & 840, as full
payment for the property interests taken and for damages resulting to the remainder, if less than
the entire property was taken, and for all other damages in connection with said parcels; it is
further
ORDERED that Respondents, ROBERT E. DOYLE, JR. and ICRISTINA DOY'LE,
receive from Petitioner as a reasonable attorney fee for services rendered in this acl Qrk the sum
AGENDA IT ~
of One Thousand One Hundred Eighty Seven and 50/100 Dollars ($1,187.50) a~ reaIMln~j.
---. expert costs for services rendered by Carroll & Carroll in the amount of Five Hundred Sixty
Eight and 50/100 Dollars ($568.50). No other attorney fees or costs shall be awarded in
connection with the above-styled cause of action as it relates to Parcels 140 & 840; and it is
further
ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
additional Six Thousand One Hundred Fifty Six and No/100 Dollars ($6,156.00), 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 disburse the sum of Fifty Thousand and
No/100 Dollars ($50,000.00), less any amounts previously paid, to the trust account of Quaties
& Brady, and forward same c/o Robert E. Doyle, Jr., Esquire, 4501 Tamiami Trail North, Suite
300, Naples, Florida 34103, for the benefit of Respondents, ROBERT E. DOYLE, JR. and
KRISTINA DOYLE; and it is further
ORDERED that the Clerk of this Court shall disburse the sum of One Thousand Seven
Hundred Fifty Six and No/100 Dollars ($1,756.00), being the Respondents' attorney fees and
expert costs, to the trust account of Quarles & Brady, c/o Robert E. Doyle, Jr., Esquire, 4501
Tamiami Trail North, Suite 300, Naples, Florida 34103; and it is further
ORDERED that title to Parcel 140, road fight-of-way, sidewalk, utility, drainage and
maintenance easement and Parcel 840, 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
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 IT M
2 No. Ice C~'~(i
r ,- 8 1S99
z4
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of ,199~1.
Circuit Court Judge
Conformed copies to:
l~bert E. Doyle, Jr., Esquire
Joe W. Fixel, Esquire
Heidi Ashton, Esquire
First National Bank of Naples
Gulf American Land Corporation
CERTIFIED COPY, E. Weber, lueg~ Asst., Cmm."..' Att~me:."s Office
Charge to: PWED - 113-163673-60061
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner and Respondents, ROBERT E. DOYLE, JR. and KRISTINA DOYLE, hereby
stipula the foregoing Stipulated Final Judgment as arcels 140 & 840.
,
o /
Roliert ~.. Doyle, Jr., Esquire ' &W. Fixel._~quire
Florida Bar #198730 loridi' Bar #0192026
QUARLES & BRADY L & MAGUIRE
4501 Tamiami Trail North 211 South Gadsden Street
Suite 300 Tallahassee, Florida 32301
Naples, Florida 34103 Telephone: (850) 681 - 1800
Telephone: (941) 262-5959 Facsimile (850) 681-9017
Attorney for Respondents and
Heidi Ashton, Esquire
Dated: ~ 'L [ I '~ { ~ I~ 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
Attorneys [~ ~ '~oner
Dated: I E~trD~
3
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 34-I 12
(94.1) 77-1--8192
PROJECT NO. ,~d::)cD~ /
PROJECT PARCEL NO.
TAX PARCEL NO. "{n~nnnannn?
LEGAL DESCRIPTION (NOT A SURVEY)
road right-of-way, sidewall<, utility, drainage &maintcnancc cascment
BEGIN AT q~[E NOR]]FWEST CORNER OF TRACT 2 OF q]-ff~ PLAT qq-PEREOF, COLDEN
GATE ESTATES, UNIT NO, 29 AS RECORDED [N PLAT BOOK 7, PAGE 57 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 32
MINUTES 32 SECONDS EAST ALONG THE NORTI I LINE OF SAID TRACT 2 A
DISTANCE OF 84.07 FEET TO THE POINT OF CURVATUILE OF A NON-TANGENT
CURVE.. CONCAVE TO THE WEST, HAVING A RADIUS OF 7684.44 FEET, A CENTRAL
ANGLE OF I DEGREE 20 MINUTES 39 SECONDS, AND A CIIORD OF 180.27 FEET
BEARING SOUTII 3 DEGREES 35 MINUTES 03 SECONDS EAST; THENCE SOUTII ALONG
SAID CURVE. A DISTANCE OF 180.27 FEET; THENCE SOUTH 89 DEGREES 32
MINUTES 32 SECONDS WEST ALONG A LINE L~q'NG 150 FEET NORTH, AS MEASLYRED
PERPENDICULAR. TO. TI IE SOUT[I LINE OF TRACT 2 A DISTANCE OF 94.17 FEET;
TI IENCE NORTI iO DEGREES 22 MINUTES 13 SECONDS WEST ALONG THI~ WEST LINE
OF SAID TRACT 2 A DISTANCE OF 180.00 FEET TO THE P()INT OF BEGINNING;
SA1D DESCRIBED TRACT CONTAINING 16,105 SQUARE FEET (0.370 ACRE),/vlORE
OR LESS,
BASIS OF BEARINGS IS TI-IE WEST LINE OF SAID TItACT 2 BEING
NOR'Ill 00 DEGREES 22 MINUTES 13 SECONDS WEST.
PARCEL 14o
8 B 1
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, -FLORIDA 34.112
(94.1) 774--81cj2
SI<ETCH OF DESCRIPTION
F-
(_)
I-
P.D.]3.
N.BO'32'32"E.
84.07'
D
o3 _ Curve number 1
o o Rc~dlus = 7684.44'
Ld ~ a: C-1 < t = 01'20'39'
U1 c~ < '
0 b ~ ~ Arc = 180,87'
CL Chord = 180.27'
0 ' Chord DrO, S.03'35'03'E.
0 94.17'
CE -
S.89'32'32"W,
Z
0 I.
t--
Z
-
~ ~::
_1 ~
I-
L_
·
,.
GENERAL NOTES
1) P.O,C. indiccl~;es Point oF Commencement
8) P.D.B. indicates Point oF Beginning
3) Sec. indicates Section
4) Twp. Indicates Township AGENDA~TEM
5) Rge. indicates R~nge NO.~~
6) R/V indicates Right-oF-way
7) Art dis-trances ~re in Feet ~nd decim~ts 'thereof
8) B~sis oF Bearings is the Vest fine oF Tnac-t Z r~a O~ 1999
being N.00'88'13'~.
9) No~ v~Iid untess signed and sealed wi~h '~he embossed
seat oF the proFessloner rand surveyor P~ ..... '~, -
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34.112
(9,1.1) 77,1--8192
PROJECT NO.
PROJECT PARCEL
TAX PARCEL NO.
J~EGAL ..DESCRIPTION (NOT A SURVEY)
slopc, drainage, utility & maintenance cascu~cnt
COIvlMENCE AT 'fIE NORTHWEST CORNER OF TRACT 2 OF TI-IE PLAT THEREOF.
GOLDEN GATE ESTATES UNIT NO. 29 AS RECORDED IN PLAT BOOK 7 PAGE 57 OF
TI IE PUBLIC RECORDS OF COLLIER COUNTY, I"LORIDA; I'I-[ENCE NORII-i 89 DEGREES
32 MINUTES 32 SECONDS EAST ALONG TIlE NORTII LINE OF SAID 'IllACT 2 A
DISTANCE OF 84.07 [fEET TO THE POINT OF BEGINNING; THENCE CONTINUING
EAST ALONG SAID LINE. A DISTANCE OF 40.09 FEET TO THE POINT
CUII. VATUI1E OF A NON-TANGENT CURVE. CONCAVE TO THE WEST. t-IAVING A RADIUS
Olr 7724.44 FEET. A CENTRAL ANGLE OF I DEGREE 20 MINUTES 14 SECONDS,
AND A CI lORD OF [g0.27 FEET BEARING SOUTl l 3 DEGREES 34 MINUTI'ES 05
SECONDS EAST; TI IF, NCE SOUTI{ ALONG SAID CURVE, A DISTANCE OF 180.27
FEET; THENCE SOUTII 89 DEGREES 32 MINUTES 32 SECONDS WEST ALONG A LD4E
LYING 180 FEET SOLF[I I. AS MEASURED PERPENDICULAT TO, THE T]'IE NOR'rE LINE
OF SAID TIb'~.CT 2 A DISTANCE Ol: 40.04 FEET TO TI-IE I'K:)INT OF CURVATURE OF
A NON-TANGENT CURVE, CONCAVE TO TI IE WEST, HAVING A IL'\DIUS OF
FEET. A CENTRAL ANGLE OF I DEGREE 20 MINUTES 39 SECONDS, AND A CHORD
OF 180.27 I"'EET BEARING NORTH 3 DEGREES 35 MINUTES 03 SECONDS WEST;
TI IENCE NORTII ALONG SAID CURVE, A DISTANCE OF 180.27 FEET TO THE f~C)INT
OF BEGINNING; SAID DESCRIBED TFu\CT CONTAINING 7,211 SQUARE FEET (0. 166
ACRE), MORE OP, LESS.'
BASIS OF BEARINGS IS TI IE NOIITI I LINE OF SAID TRACT2 BEING
NORTl l 89 DEGREES 32 MINUTES 32 SECONDS EAST.
I'ARCE[, 8.10
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34-112
(9,1.1) 77,1--8192
SKETCH OF DESCRIPTION
I--
t-
P.ID.C.
N.Bg',32'32"E.
Curve number 1
O R~dlus = 7684.44'
o o A = 010a0'39-
c5 -t o C-2 Arc = 180.P7'
~ j oa o4 Chord = 18027'
E:b ~l uJ _j ~ Chord BrD S.D3'35'O3'E.
L) Ld C)
bJ ~ cc C-1 o <c
CO < a: oz Curve number P
EL o
O ~ Rc~dius = 7734.44'
FI Anc= 10027'
v Chord = 180.27'
E:b Chord BrO. S.OS'34'OS'E.
<
O 94.17' J, 40.04'
~::: T S.89'32'32"W. ' '
o .
F- o
,4) "'
>.
GENERAL NOTES
l) P.O.C. indicates Point oF Commencement
2) P.D.B. Indicates Point of Beginning
3) Sec, Indicates Section ....
4) Twp, Indicates Township
5) Rge, Indioc,,tes Range
6) R/W Indicates Right-oF-way
7) At[ clis~ances are in Fee~ ~nd decimals ~heneoP
8) B~sJs oF Bearings is 'the Non'th Une oF Tr~c-t ~
being N.gg'38'3~'E.
9) No~ v~tid untess signed ~nd se~ted wi~h the embossed p~.
see[ oF the progessionGL tend surveyor - '
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION ON PARCEL NO. 515 IN THE LAWSUIT ENTITLED COLLIER
COUNTY v. DAVID R. CLEMENS AND LUCILLE C. CLEMENS, ET AL., Case No. 98-
1393-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road)
D.B. iF.,F.2II_~T~ 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. 515 for the Livingston Road Extension Project in the lawsuit entitled Collier County v.
David R. Clemens and Lucille C. Clernens, et al., Case No. 98-1393-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 Hundred Dollars
($500.00) for Parcel No. 515 in accordance with the Order of Taking.
Through negotiations the parties have reached a settlement agreement whereby the property
owners, .David R. and Lucille C. Clemens, 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 Five Hundred Forty Dollars ($540.00) to be paid to
the Respondents as full compensation for the property rights taken as to Parcel No.515.
The Stipulated Final Judgment provides that Collier County shall deposit the additional amount
of Forty Dollars ($40.00) 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.
FISCAL IMPACT:
Cost: $40.00; 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. ~0G.~
F E 80. 9 1999
Executive Summary
CC v. David R. Clemens, et al. Parcel 5 15
Page 2
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 funds into the Registry of the Court.
Prepared by:
Heidi F. A~'~ht6n ',... L.
Date
Assistant County Attorney
Robert Wiley,~oject Manager Date
Office of Capital Projects Management
Reviewed by:
Ed Ilschner, Administrator Date
Public Works Division
Approved by:
David C. Weigh, 'Cou~t~y Attorney Date
h:/ew/Executive Summary/CC v. Ctemens Parcel 515
F E 8 0 9 1999
PS .... .'q-
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIEK COUNTY, FLORIDA, a
political subdivision of the
State of Florida,
CASE NO. 98 - 13
Petitioner,
vs. CIVIL ACTION
DAVID R. CLEMENS and LUCILLE PAKCEL: 515
C. CLEMENS; et al.
Kespondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and
Respondents, DAVID R. CLEMENS and LUCILLE C. CLEMENS, for entry of a Stipulated
Final Judgment as to Parcel 515, 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, DAVID R. CLEMENS and LUCILLE C. CLEMENS, and
the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADGUDGED that the Respondents, DAVID R. CLEMENS and
LUCILLE C. CLEMENS, have and recover from the Petitioner, COLLIER COUNTY,
FLORIDA, the sum of Five Hundred Forty and No/100 Dollars ($540.00) for Parcel 515, 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 the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
additional Forty and 00/100 Dollars ($40.00), subject to the approval of the ~e~'-d ef Co"r'ty '
F 0 9 1999
& h', h ,'t "/t"
Pg. i..
Commissioners, into the registry of this Court within 30 days from the date of the Stipulated
Final Judgment; and it is further
ODERED that the Clerk of this Court shall disburse the sum of Five Hundred Forty
and No/100 Dollars ($540.00), less any amounts previously paid to Kespondents, by issuing a
check payable to DAVID R. CLEMENS and LUCILLE C. CLEMENS and forwarding said
check to David R. Clemens and Lucille C. Clemens, 5041 Sunbury Court, Naples, Florida 34104.
ORDERED that title to Parcel 515, slope & 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 no fees and costs shall be awarded in connection with the above-styled
cause of action as it relates to Parcel 515.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of ,199q,
Circuit Court Judg.~;
Conformed copies to:
Joe W. Fixel, Esquire
Heidi Ashton, Esquire
David K & Lucille C. Clemens
World Savings and Loan Association
AmSouth Bank of Florida
MeAlpine (Briarwood), Inc.
Ken Jones, Esquire
CERTIFIED COPY, E. Weber, Legal Asst., County Attomey's Office
-" Charge to: 'PWED - 113-163673-60061
Bookkeeping
F 0 9 1999
,...
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties, hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment.
5041 Sunbury Court 5041 Sunbury Court
Naples, Florida 34104 Naples, Florida 34104
Pro Se Respondent Pro Se Respondent
FIXEL & MAGIJI2KE
211 South Gadsden Street
Tallahassee, Florida 32301
Telephone: (850) 681-1800
Facsimile (850) 681-9017 ..
and
Heidi Ashton, Esquire
Florida Bar #0966770
Assistant County Attorney
Collier County Attomey's Office
3301 East Tamiami Trail
Naples, Florida 341124902
Telephone: (941) 774-8400
Facsimile: (94 1) 774-0225
Attorneys for Petitioner
PROJECT NO, K~tO_/"')~ [ ~'1
PROJECT PARCELT Nb. 515
FOLIO NO. 247675o98~7 _
SKETCH & LEGAL DESCRIPTION
(NOT A SURVEY)
s'lope & rna~.n~.enance easement
The West Fifteen (15) feet Lot 41, Block B, Briamvood Unit One, according to
the plat thereof, as recorded in Plat Book 18, Pages 40 - 42, of the public
records of Collier,County, Florida.
SUBJECT *~.,,
": . .: :'~ . ..... DATE..
:". :: GEF_~.-GE P,.. PdCFL'M;O~N'D Ia.L.S. 2406
--. --... 3301 E..'TAZ','[Ik.~',Q 'TP,_AIL
"'. ,-': ~A2LES, :FLOR..EDA 3~,
SKETCH NOT TO SCALE
F ~.B 0 f9 1~t99
BRANCH OFFICES:
b~,.4.%%fG~ - GOLDEN GATE
'~'?' ~':: ':' ?" ': . County of Collier 4839 GOLDEN GATE PARKWAY
CLERK OF THE CIRCUIT COURT GREENTREE SHOPPING CENTER
COLLIER COUNTY COURTHOUSE 2386 IMMOKALEE ROAD
3301 TAMIAMI TRAIL EAST-
P.O. BOX 413044 IMMOKALEE
NAPLES, FLORIDA 34101-3044 101 S. FIRST STREET
MARCO ISLAND
Dwight E. Brock 1040 WINTERBERRY DRIVE
Clerk EVERGLADES CITY
207 BROADWAY AVENUE
4
OFFICIAL RECEIPT
When Validated?'.L,''' ~ ~_:,'~ 'f 7~-,~ ~. ~_m......- ~ E ,, "~7'~:.
¢HECH: 16.
;. ~, ....
C L E R K
RECEZPT: 2B:2154e52 DESCRIPTION ANOUNT DUE
PAYOR: GOLDEN WEST SAVINGS RECORDING OF LEGAL INSTRUffiEN 10.00
P.R.ffl. T.F. RECORDING FEE 2.00
REF = VA~.'IOUS RETURNS COPIES 2.00
r'IlSCELLANEOUS FEES 2.00
KS: 2 DOCUfflENTS
DOC TYP FILE ID BOOK PAGE
St,1 24100<93 24<93 0850
sbl 24100<94 24<93 0651
DEPT: RECORr~ING TOTAL DUE: 16 ,OO
F 0 9 1999
*** 2410093 0R: 2493 PG: 0650 ***
RECORDED i~ 0YYlCIAL RECORDS 0f COLLIER COUNTY, [L
Recording Requested By: 12/18/98 at ll:I6AM DWIGHT E. BRBCK, CLERK
Golden West Savings RiG lEE 6.00
COPIES 1.00
When Recorded Return To: MISC 1,0O
Rein:
DAVID CLEMENS DAVID CLEWENS
5041 Sunbury Court
Naples, FL 34104- 5041 8UNBDRY COURT
NAPLES YL 34014
RELEASE OF MORTGAGE
Go{den WeStSavingsAssociationSe~i~ Co#:68866"CLEMENS"tenderlD:020010! Co{{{er, Florida PlF:09~7/98
KNOW ALL MEN BY THESE PRESENTS that WORLD SAVINGS AND LOAN ASSOCIATION, A
FEDERAL SAVINGS AND LOAN ASSOCIATION whose address is 4101 Wiseman Blvd T6F1,San
Antonio,TX 78251- holder of a certain Mortgage, whose parties, dates and
recording information are below, does hereby acknowledge that it has received
full payment and satisfaction of the same, and in consideration thereof, does
hereby cancel and discharge said Mortgage.
Original Mortgagor: DAVID R. CLEMENS AND LUCILLE C CLEMENS, HUSBAND AND WIFE
Original Mortgagee: WORLD SAVINGS AND LOAN ASSOCIATION, A FEDERAL SAVINGS AND
LOAN ASSOCIATION
Dated: 07/21/94
Recorded: 08/02/94 as Instrument No. 01846876 Book/Reel/Liber 001972, Page/Folio
000919,
In the County of COLLIER State of FLORIDA
Property Address: 5041 Sunbury Court,Naples,FL,33942
IN WITNESS WHEREOF, WORLD SAVINGS AND LOAN ASSOCIATION, A FEDERAL SAVINGS AND
LOAN ASSOCIATION by the Officers duly authorized, has duly executed the
foregoing instrument.
Assistant Vice-President
World Savings and Loan Association, A Federal
Savings and Loan Association ~
E ~UMf/ICE PRESIDENT R, ASST SECRETARY
WITNESS / ' W E~S
MICHELLE LAPASNICK
COUNTY OF Bexar
I CERTIFY that on December 03, 1998 JEFF SCHUMMER, VICE PRESIDENT and DORIS
CORMIER, ASST SECRETARY personally came before me and stated to my satisfaction
that this person (or if more than one, each person): a) was the maker of the
attached instrument; b) was authorized to a~d did execute this instrument as
JEFF SCHUMMER, VICE PRESIDENT and DORIS CORMIER, ASST SECRETARY of the entity
named in this instrument; and, c) executed this instrument as the act of the
entity named in this instrument.
.~N ITNESS WHEREOF, I hereunto set my hand and official seal.
~ rapasnick U' ' ~
Notary Expires: 09/18/2002 /~]~3"'~'.-., M.~ASNlCK
.,... ]..:~.~ ~pte~r 18, ~2
(This area for notaria1 seal)
Document Prepared By: World Savin s 4101 Wiseman Blvd T6F1 San Antonio. Tx 78251 ~2ENDA I
F E a 0 9 1999
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE THE STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO
RESPONDENTS, JOHN A. PULLING, JR., LUCY GAIL FINCH, AND JOHN A.
PULLING, SR. RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS.
111,112, 612, 711, 712A, 712B, 811A and 811B IN THE LAWSUIT ENTITLED COLLIER
COUNTY v. JOHN A. PULLING, JR., et al., Case No. 98-1674-CA (Airport-Pulling Road 6-
Laning Project -Pine Ridge Road to Vanderbilt Beach Road)
~ That the Board of County Commissioners approve the Stipulated Order of
Taking and Final Judgment as to respondents John A. Pulling, Jr., Lucy Gail Finch, and John A.
Pulling, Sr. as full and final compensation to be paid for the acquisition of the easements on
Parcel Nos. 111,112, 612, 711,712A, 712B, 811A and 811B for the Airport-Pulling Road 6-
Laning Project (Pine Ridge Road to Vanderbilt Beach Road) in the lawsuit entitled COLLIER
COUNTY v. JOHN A. PULLING, JR., et al., Case No. 98-1674-CA.
CONSIDERATIONS: On February 3, 1999, the above-referenced Stipulated Order of Taking
and Final Judgment was entered in Collier County Circuit Court regarding the acquisition of
easements for Airport-Pulling Road 6-Laning (Pine Ridge Road to Vanderbilt Beach Road -
Project No. 62031).
Through negotiations the parties have reached a settlement agreement whereby the property
owners, John A. Pulling, Jr., Lucy Gail Finch, and John A. Pulling, Sr. will be fully and fairly
compensated for the property interests taken for the public purposes enumerated in the resolution
of condemnation (Resolution No. 98-22). The terms of the settlement agreement are set out in
the Stipulated Order and Final Judgment (attached as Exhibit "A").
Paragraphs seven through fifteen of the attached Stipulated Order and Final Judgment set out in
detail the stipulations agreed to by the parties conceming construction and use of Parcel Nos.
111,112, 612, 711,712A, 712B, 811A and 811B.
The Stipulated Order of Taking and Final Judgment provides for One Hundred Eighty-Seven
Thousand Five Hundred and 00/100 Dollars ($187,500.00) be paid to the Respondents as full
compensation for the property fights taken as to Parcel Nos. 111, 112, 612, 711, 712A, 712B,
811A and 811B, for damages resulting to the remainders, for all other damages of any kind and
nature and for attorneys' fees as to said respondents.
The Stipulated Order of Taking and Final Judgment provides that Collier County shall deposit
One Hundred Eighty Seven Thousand Five Hundred and 00/100 Dollars ($187,500.00)
with the Registry of the Court. '
F E B B 9 1999
Executive Summary
CC v. John A. Pulling Parcels
Page 2
The Stipulated Order of Taking and Final Judgment further provides that Collier County shall
deposit with the Court Registry the following reasonable attorneys' costs (not fees) and
reasonable expert witnesses fees for services rendered in the above referenced matter: Five
Thousand Twenty-Six and 75/100 Dollars ($5,026.75) to Ruden, McClosky, Smith, Schuster &
Russell, P.A.; Two Thousand Seven Hundred Thirty-Seven and 50/100 ($2,737.50) to Carroll &
Carroll; and Five Thousand Four Hundred Fifty-One and 00/100 Dollars ($5451.00) to P.M.S.,
Inc. of Naples; and Eight Thousand Three Hundred Seventy and 00/100 Dollars ($8,370.00) to
Vanassee & Daylor, LLP.
Staff has reviewed the County's obligations stated in the Stipulated Order of Taking and Final
Judgment and consider them to be reasonable.
FISCAL IMPACT:
Cost: $209,085.25; to be obligated in the budget for FY 98/99.
Fund: (331) Road Impact Fee District 1 North Naples
Cost Center: (163650) Road Impact Construction
Project Number: (62031) Airport-Pulling Road 6-Laning Project (Pine Ridge Road to
Vanderbilt Beach Road
A budget amendment from Reserves For Capital Outlay Account No. 331-919010-993000 in the
amount of -ri,,o Hundred Nine Thousand Eighty-Six Dollars ($i109,086.00) is required to meet
this obligation.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. approve the Stipulated Order of Taking and Final Judgment; and
2. approve the expenditure of the funds as stated;
3. approve the necessary budget amendment; and
4. direct staff to deposit the sum of $209,085.25 into the Registry of the Court.
Prepa~red by:
Heidi F. Ashtod Date
·Assistantff_,ounty Attorney
Julio Or4onez, ProjeetMana~gdr' Date
Office of Capital Projects Management 0 'S 1999
pg.
Executive Summary
CC v. John A. Pulling Parcels
Page 3
vie, :
Ed'Kant, Dir~X "' Date
Ed Ilschner, Adminis{rator a e
Public Works Division
Approved by:
Date
h:/ew/Executive Summary/CC v. Pulling Parcels
1999
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. 98-1674 CA
Petitioner,
vs. CIVIL ACTION
JOHNA. PULLING, JR.,etal. PARCELS: 111,112,612,711,
712A, 712B, 811A,
Respondents. 811B
/
STIPULATED ORDER OF TAKING
AND FINAL JUDGMENT AS TO RESPONDENTS, JOHN A.
PULLING, JR., LUCY GAlL FINCH, AND JOHN A. PULLING, SR.
THIS CAUSE having come on upon joint motion for the entry of an Order of Taking and
a Final Judgment as to Respondents, JOHN A. PULLING, JR., LUCY GAIL FINCH, and JOHN
A. PULLING, SR., made by Petitioner and Respondents, JOHN A. PULLING, JR. and LUCY
GAIL FINCH as fee simple owners of parcels 111,112, 612, 711,712A, 712B, 811A, and 811B
and JOHN A. PULLING, SR. as fee simple owner of parcels 111, 112, 811A and 612, described
in Exhibit "A" attached hereto, it appearing to the Court that the parties were authorized to enter
into such motion; it appearing that proper notice was first given to said Respondents and to all
other persons having or claiming any equity, lien, title or other interest in or to said parcels 111,
112, 612, 711,712A, 712B, 811A, and 811B; the Court finding that the taking as to said
Respondents is necessary for a public purpose and that the compensation to be paid and any other
consideration to be provided as set forth herein by Petitioner is full, just and reasonable for said
"' Respondents; and the Court being fully advised in the premises, it is therefore
,' c. 2d 0 9 199 )
ORDERED AND ADJUDGED:
1. That the Court has jurisdiction of this action, of the subject property and of said
parties in this cause pursuant to Chapters 73 and 74 of the Florida Statutes.
2. That said Respondents are the fee simple owners of parcels 111, 112, 612, 711,
712A, 712B, 81 1A, and 81 1B, that the pleadings in this cause are sufficient as to parcels 111,
112, 612, 711,712A, 712B, 811A, and 811B, that Petitioner is properly exercising its delegated
authority, and that the condemnation of parcels 111,112, 612, 711,712A, 712B, 811A, and
811B is for a valid public purpose and is necessary for that purpose. A legal description of
parcels 111, 112, 612, 711,712A, 712B, 811A, and 811B is attached hereto as Exhibit %t ".
3. That the motion for entry of this Order of Taking and Final Judgment is
approved.
4. That Respondents, JOHN A. PULLING, JR., LUCY GAIL FINCH, and JOHN A.
PULLING, SR., do have and recover of and from Petitioner the sum of One Hundred Eighty
Seven Thousand Five Hundred and 00/100 Dollars ($187,500.00) in full payment for the
property taken, designated as parcels 111,112, 612, 711,712A, 712B, 811A, and 811B and for
damages resulting to the remainders and for all other damages of any kind and nature and for
attorneys' fees as to said Respondents. Said funds exclude any amounts for tenant improvements,
to be deposited separately by Petitioner.
5. That upon entry of this Stipulated Order of Taking and Final Judgment Petitioner
shall deposit the sum of One Hundred Eighty Seven Thousand Five Hundred and 00/100
Dollars ($187,500.00) into the Registry of the Court for parcels 111, 112, 612, 711,712A, 712B,
811A, and 811B as to said Respondents. Said deposit shall be made within twenty (20) days of
il. lU
the entry of this Order. Upon the deposit of said sum, the title to and interest p
2 F E 8 O 9 1999
612, 711,712A, 712B, 81 1A, and 81 1B, as described in Exhibit "A" hereto (all of which are
easements), which has vested in said Respondents shall vest in Petitioner subject to the
restrictions and provisions of this Stipulated Order of Taking.
6. That the Clerk of the Court shall withhold said funds pending an apportionment
hearing or further Order of this Court.
7. That this Final Judgment is based on Petitioner implementing construction plans
and specifications consistent with what is reflected in Exhibit "P" attached hereto and made a
part hereof with the further understanding that within parcels 111, 112, 811A and 612, at
Petitioner's discretion, in the future, Petitioner shall have the right to use said parcels for
additional road right-of-way and road facilities with no additional compensation due
Respondents or their successors; however, if, in the future, Petitioner uses parcels 111, 112,
811A and/or parcel 612 for such road right-of-way and/or road facilities (Future Roadwork),
Petitioner shall retain and/or restore the two driveway connections shown on Exhibit "P" hereto
at approximately Station 54+25 (coinciding with Parcel 711 and 712B) and Petitioner shall, at
the Respondents' (or Respondents' successors') option, retain and/or restore the right turn
deceleration lane serving the driveway connection on the South side of Orange Blossom Drive
(associated with Parcel 711). If the option to reinstate the right rum deceleration lane is elected
by Respondents, then Respondents (or their successors) shall convey a right-of-way easement to
the Petitioner for the additional right-of-way required for implementing reinstatement of the right
turn deceleration lane. In the event Petitioner undertakes Future Roadwork, Petitioner will also
retain and/or restore the left turn lane into the North remainder, if same is consistent with Collier
--- County's access management policy then in effect. If the left turn lane to be constructed
pursuant to this provision must be moved further to the east to comply w: h ~ )
No. i5
3 F Ett 0 9 1999
Respondents (and their successors) will have the option to either agree to relocate the entrance to
the north remainder further to the east to retain the lef~ turn lane, or alternatively to maintain the
entrance at the same location, and not have a left turn lane servicing that entrance point.
Furthermore, if the project is not implemented in accord with what is reflected in Exhibit "P,"
said Respondents shall have the same rights and remedies as would have been afforded to said
Respondents had this matter been resolved by verdict with said plan and specifications having
been made a part of the record at an eminent domain trial. In addition to any other rights and
remedies the Respondents would have, Respondents shall be entitled to recover, as damages, one
half of what would have been the total construction costs of the deceleration lanes, left turn lane,
right turn lane, or driveway connections serving their remainder parcels as reflected on the
attached plans to the extent that said parcels are not used for said lanes or connections, but in no
event shall said damages exceed a total amount of $16,065.00.
8. That said Respondents hereby grant to Petitioner and public utility companies the
right to relocate, at Petitioner's discretion, in the future, the same utilities (electric, telephone,
and cable only, but not water and sewer or other utilities) with the currently existing uses and
usage levels presently placed upon or within parcels 111, 112, 612, and 811A to elsewhere
within said parcels, and to parcel 811B if said relocation is not practicable upon or within parcels
111, 112, 612 or 81 1A. Any relocation of utilities hereunder shall be done with reasonable
cooperation with Respondents (and their successors) only after providing Respondents with
reasonable notice of same, and plans for same, and shall not interefere with access to the
Respondents' remainder property. The 8" existing water main on the south side of Orange
Blossom Drive shall be abandoned by the County to the extent it has an interest in said main, and
the County shall not provide water to said main (subject to Respondents' ~)
No.
4 F E 0 9 1 99
objection to said water main being severed west of the fire hydrant located at approximately
station 51+60 and removed. The parties believe that no other water or sewer lines currently
extend east of station 51 on Orange Blossom Drive.
9. That in the event in the future said Respondents convey utility easements or utility
rights to any third party or other parties located on said Respondents' remainder property or said
parcels, said conveyances shall stipulate, provide and mandate that said third party(s) and said
other parties shall be obliged to in turn convey all said easements, rights and utilities therein to
Petitioner upon Petitioner's request for no consideration in a timely fashion when said utilities
have been constructed, upon the same terms and conditions as the grant from Respondents to the
other parties. However, the substance of this paragraph numbered 9 shall not apply with respect
to that easement which is set forth in paragraph 14 below.
10. That said Respondents have not and shall not execute any lease or take any other
action after February 1, 1998 which will act to create, vest, or in any way enhance any other
Respondent's business damage claim(s); however, this shall not prevent Respondents from
renewing the lease or executing a new lease with Davenport Nurseries for the same duration as
the present lease, provided provision 21 in the existing lease is adopted in any new lease~. These
restrictions apply until this condemnation suit is finally resolved as to this tenant.
11. That Petitioner shall move said Respondents' fences and the tenants' business
signs as needed at Petitioner's expense upon reasonable notice and with reasonable cooperation
with the tenants. Petitioner shall give at least sixty (60) days notice to the tenants and the fee
owners prior to Petitioner moving the fences and signs.
12. That said Respondents and their successors shall have the right to use the property
otherwise provided herein, and in addition, as to parcel 612, Respondents and their successors
may also use said parcel 612 for landscaping purposes not conflicting with Petitioner's use, and
said use of Parcel 612 shall be a credit toward the required landscaping buffer for development of
the remainder parcel if used by Respondents for such purpose.
13. That the title to the following described real property, to wit:
See Attached Exhibit '91"
be and the same is vested and confirmed in Petitioner.
14. That Respondents shall provide to Orange Blossom Homeowners, Ltd, its
successors and assigns ("Grantee") a utility easement on Respondents' remainders, or pursuant to
paragraph 15 herein, to fully substitute for that easement recorded in OR Book 2476 Page 2446
et. seq. of the public records of Collier County.
15. That nothing herein shall prevent Respondents (or their successors or grantees)
from granting easements or placing water and sewer lines in the property being acquired herein,
subject to the reasonable permit approval of Petitioner and consistent with the construction plans
and specifications referenced herein. Any such fights of Respondents or others shall be
subordinate to Petitioner's rights in parcels 111, 112, 612, 811A and 811B.
16. That the Court assesses reasonable attorneys' costs (not fees) and reasonable
expert witnesses fees for services rendered in the above styled matter as follows: Ruden,
McClosky, Smith, Schuster & Russell, P.A. shall have and recover reasonable costs in the
amount of Five Thousand Twenty Six and 75/100 Dollars ($5,026.75); Carroll & Carroll shall
have and recover reasonable appraisal fees for services rendered in the amount of Two
Thousand Seven Hundred Thirty Seven and 50/100 Dollars ($2,737.50); P.M.S., Inc. of
Naples shall have and recover reasonable fees for services rendered in ~e aNon~.~.~)
6 F li El 0 9 1999
Thousand Four Hundred Fifty One and 00/100 Dollars ($5,451.00) and Vanassee & Daylor,
LLP shall have and recover reasonable engineering fees for services rendered in the amount of
Eight Thousand Three Hundred Seventy and 00/100 Dollars ($8,370.00).
17. That Petitioner shall deposit the additional sum of Twenty One Thousand Five
Hundred Eighty Five and 25/100 Dollars ($21,585.25) into the court registry for payment of
Respondents' expert witness fees and costs within thirty (30) days of entry of this Final
Judgment.
18. That the Clerk of the Court shall pay the sum of Twenty One Thousand Five
Hundred Eighty Five and 25/100 Dollars ($21,585.25) upon deposit of above monies, to the
Ruden, McClosky, Smith, Schuster & Russell, P.A. Trust Account, and forward same c/o
Thomas R. Bolf, Esquire, Post Office Box 1900, Fort Lauderdale, Florida 33302. Upon receipt,
Ruden, McClosky, Smith, Schuster & Russell, P.A. shall disburse said sum in accordance with
the provisions of paragraph 16 of this judgment.
19. That this Order of Taking and Final Judgment shall be subject to the approval of
the Board of County Commissioners within 20 days from the date of entry of this Order of
Taking and Final Judgment. If said approval is not granted within said time period, then
Petitioner, no later than 5:00 p.m., February 24, 1999, shall provide written notice to
Respondents and file the notice with this Court that approval has not been granted.
20. That this Court retains jurisdiction to enforce the provisions of this Judgment.
DONE AND ORDERED IN CHAMBERS in Naples, Collier County, Florida, this
day of February, 1999.
Circuit Court Judge No.
P..
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a conformed copy of the foregoing has been furnished by
United States Mail to Thomas R. Bolf, Esquire, Ruden, McClosky, Smith, Schuster & Russell,
P.A., Post Office Box 1900, Ft. Lauderdale, Florida 33302; Treehouse Nurseries, 2420 Orange
Blossom Drive, Naples, Florida 34109; Vincent Murphy, Esquire, Murphy Law Firm, 3785
North Airport Road, Naples, Florida 34105; Heidi Ashton, Esquire, Collier County Attorney's
Office, 3301 East Tamiami Trail, Naples, Florida 34112; and Joe W. Fixel, Esquire, 211 South
Gadsden Street, Tallahassee, Florida 32301 on this day of February, 1999.
Judicial Assistant/Attorney
AGENDA
No.,
F E B O 9 1999
8
1{
MOTI ON ON STIPULATED ORDER OF TAKING
AND XqN. LL JUDGMENT AS TO RESPONDENT$. JOHN
~kP,_t3.,J, II~ ~JR.: LUCY cML lrlNcyt~ JOHN A.?UI.LTNG.
Petitioner, COLLIE t COUNTY, FLORIDA, and P-~sl~nckmts, IOHN A. PIJLLING, JR.,
LUCY GAlL FINCH, m[ JOHN k PULLING, $R., move f~ t~ ~nt~ of the f~o$oLng
gtipulatod Order of Taldag and Final Judgm~.t.
DATED this ~ n% of February, 1999.
'ltolllas IL BoLl, I/sclmr~ Joe W. Flxsl, Esqutrg ' '
Florida Bar #0454419 Fl~rids Bar ~019202~
RUDEN, M~CLOSKY, S] tlTH, FIXP. L i MAGU1RE
"' ~ICHUSTER & RUSS~J~. P.A. 211 South (~lad~n
2(}0 Eut Br~ward Boul~v~ rd Tallahau~ F1n~ta :11101
Ft. Laud~al~. Florida 3:' Ol T~l~u}n~: (850) 681-1800
T~l~hon~: (954) 754-66~ ) Fat,italic: (850) 581-9017
Faceitalic; (954) 76~,499e .a. aft
Attora~ for Respmad~nts IOHN H~di Ashton, Esquire
A. PULLING, $R., LUC! 'GAIL Florida Bsr t~)56770
FINCH, and JOHN A. PI: [,LING, StL Assistant Couaty Atttnsy
Collior County Amma~y' s Offioe
3~01 Bast Tsmiami Trail
Niplee, Florida 3411
TcI~hon~'. (941) 774-.8400
Fa~simi1~: (9~1) 774..0225
Attora~ br
O 9 IS99
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO ......... 62031
PARCEL NO ............ 111
FOLIO NO .....................................
LEGAL DESCRIPTION (NOT A SURVEY)
Road Right-of-way, Sidewalk, Utility, Drainage
& Maintenance Easement (see Stipulated Order of
Taking and Final Judgment for utility limitations)
COMlx4ENCING AT THE SOUTHWEST CORNER OF SECTION l, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA THENCE NORTH 2 DEGREES 57 M1NUTES 13
SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 2368.63 FEET;
THENCE NORTH 89 DEGREES 54 M1NUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET
TO THE EAST LINE OF A 100 FOOT CANAL RIGHT OF WAY AND THE POINT OF BEGINNING;
THENCE LEAVING SAID CANAL RIGHT OF WAY AND CONTINUING EAST ALONG SAID
LINE, A DISTANCE OF 568.92 FEET; THENCE SOUTH 3 DEGREES 04 M1NUTES 48 SECONDS
EAST, A DISTANCE OF 30.06 FEET; THENCE SOUTIt 89 DEGREES 54 MINUTES 04 SECONDS
WEST, A DISTANCE OF 101.18 FEET; THENCE NORTH 88 DEGREES 13 MINUTES 32 SECONDS
WEST, A DISTANCE OF 469.19 FEET: THENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS
WEST, A DISTANCE OF 14.68 FEET TO THE POINT OF BEGINNING; SAID DESCRiBED TILACT
CONTAINING 0.310 ACRE (13,483.QUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE WEST LINE OF SECTION I BEING N 02°57'13" W.
PARCEL 111
AGENDA ITE~(.~)
FEB 0 9 1E,-39
///
~ PREPARED B~~~ ........ DATE...V./...Z.,.(./..~?,7
I EXHIBIT PROFESSIONAL LAND SURVEYOR-FL REG, # 2406
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
~ NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
i
WEST IANE OF SECTION 1
' AlPORT ROAD AGEND/I~,~
No. ~ (~)
GENERAL NOTES
1) P.O.C. = pOINT OF COMMENCEMENT
2) P.O.B, = POINT OF BEGINNING Pg.
3) SEC. = SECTION
4) ~P. = TOWNSHIP
5) RGE. = RANGE EXHIBIT
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8} NOT VALID UNLESS SIGNED AND SEALED 'WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
DRAWN BY ;HECKED BY SCALE DATE FiLE NO
NOT TO SCALE JANUARY 25, 1999 PULLN SHEET 2 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 q2
(941 ) 774-8192
PROJECT NO ......... 62031
PARCEL NO ........... 112
FOLIO NO .....................................
LEGAL DESCRIPTION (NOT A, SURVEY)
Road Right-of-way, Sidewalk, Utility, Drainage
& Maintenance Easement (See Stipulated Order of
Taking and Final Judgment for utility limitations)
COMlvIENCING AT THE SOUTH%VEST CORNER OF SECTION 1, TO%VNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORiDA; THENCE NORTH 02 DEGREES 57 MINUTES 13
SECONDS WEST ALONG THE WEST LINE OF SAID SECTION I A DISTANCE OF 2368.63 FEET;
THENCE LEAVING SAID WEST LINE OF SECTION 1, NORTH 89 DEGREES 54 MINUTES 04
SECONDS EAST A DISTANCE OF 100.07 FEET TO THE EAST LINE OF A 100 FOOT CANAL
RiGHT OF WAY AND THE POINT OF BEGINNING; THENCE NORTH 2 DEGREES 57 MINUTES
13 SECONDS WEST ALONG SAID CANAL RiGHT OF WAY, A DISTANCE OF 45.52 FEET;
THENCE LEAVING SAID CANAL RiGHT OF WAY SOUTH 88 DEGREES 13 MINUTES 32
SECONDS EAST, A DISTANCE OF 473.17 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 04
SECONDS EAST, A DISTANCE OF 9671 FEET: THENCE SOUTH 3 DEGREES 04 MINUTES 48
SECONDS EAST, A DISTANCE OF 30.04 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 04
SECONDS WEST, A DlgTANCE OF 568.92 FEET TO THE POINT OF BEGINNING: SAID
DESCRIBED TRACT CONTAINING 0.476 ACRE (20,7 15 SQUARE FEET). MORE OR LESS BASIS
OF BEARINGS IS THE WEST LINE OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
BEING N 89°54'04" E.
PARCEL 112
AGENDA [ 'EM
FEB 0 9
pg.
EXHIBIT PROFESSIONAL LAND SURVEYOR-FL, REG, # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
~ I~AI/ COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
E~ ~T"T~' NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
;_.
A'~,,bl'i','l'()o[ N --
WE,qTlANE OFSECTION I ,, ,
AIRpORT ROAD
GENERAL NOTES r c d 13 9 1999
1} P.O,C. = POINT OF COMMENCEMENT
,I ..o.B.= ~o,.T OF BEG,NN,NG pg. /-6'
3) SEe. = SECTION '
4) TVVP. = TOWNSHIP
II
5) RGE. = RANGE EXHI!]lT
6) R/W = RIGHT OF WAY
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL Of A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE DAlE FILE
NOT TO SCALE JANUARY 25, 1999 PULLN SHEET 2 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34q 12
(941 ) 774-8192
PROJECT NO ......... 62031
PARCEL NO ............ 612
FOLIO NO .....................................
LEGAL DESCRIPTION (NOT A SURVEY)
Slope and Sidewalk Easement (See Stipulated Order of
Taking and Final Judgment for po~'ential additional
uses)
COMMENCING AT THE SOUTH%VEST CORNER OF SECTION I, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 57 MINUTES 13
SECONDS \VEST ALONG THE WEST LINE OF SECTION 1, A DISTANCE OF 2368.63 FEET:
THENCE NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET
TO THE EAST LINE OF A 100 FOOT CANAL PdGHT OF WAY~ THENCE NORTH 2 DEGREES 57
MINUTES 13 SECONDS WEST ALONG SAID CANAL RIGHT OF WAY, A DISTANCE OF 4552
FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID CANAL PdGHT OF WAY LINE
SOUTH 88 DEGREES 13 MINUTES 32 SECONDS EAST, A DISTANCE OF 473. ]7 FEET; THENCE
NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 96.71 FEET~ THENCE
NORTH 3 DEGREES 04 MINUTES 48 SECONDS WEST, A DISTANCE OF ]0.0] FEET: THENCE
SOUTH 89 DEGREES 54 MINUTES 04 SECONDS WEST, A DISTANCE OF 163.47 FEET; THENCE
NORTH 1 DEGREE 46 MINUTES 28 SECONDS EAST, A DISTANCE OF 7.20 FEET: THENCE
NORTH 88 DEGREES ]3 MINUTES 32 SECONDS WEST, A DISTANCE OF 406.84 FEET; THENCE
SOUTH 2 DEGREES 57 MINUTES ]3 SECONDS EAST, A DISTANCE OF 15.05 FEET TO THE
POINT OF BEGINNING; SAID DESCPdBED TRACT CONTAINING 0. 176 ACRE (7,657) SQUARE
FEET), MORE OK LESS.
BASIS OF BEAPdNGS IS THE WEST LINE OF AFORESAID SECTION I BEING N 02°57']3" W.
PARCEL 612
AGENDA
O 9 19! 9
ee.. /,7
PREPARE BY.... .................... ,:,ATE ........
,=,,.,,,,-,-
~ ~kA~ PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
"'~ 'l~ NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
;_.
o
·
100' CANAL RXXV
~ST i,iNE OFSECTION I
_ AGENDA~
AI~O~T ROAD No.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT pg. /
2) P.O.B = POINT OF BEGINNING
3) BEG. = 8EGTION
4} ~P, = TOWNSHIP
6} R~ = RIGHT OF WAY
7) ALL DISTANGE8 ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND $URVEYOR
DRAGON BY CHECKED BY SCALE DAlE FILE NO
NOT TO SCALE JANUARY 25.1999 PULLN SHEET 2 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
330`1 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34'1
(941) 774-8192
PROJECT NO ......... 62031
PARGEL NO ............ 711
FOLIO NO .....................................
LEGAL DESCRIPTION .(NOT A SURVEY)
Temporary Construction Easement (to be effective during the
construction period of the Airport-Pulling Road 6 Lane Improvements
Project - Project Number 62031, but no later than February 1, 2007)
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 2 DEGREES 57 MINUTES 13
SECONDS WEST ALONG THE WEST L1NE OF SAID SECTION 1, A DISTANCE OF 2368.63 FEET;
THENCE NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET
TO THE EAST LINE OF A 100 FOOT CANAL RIGHT OF WAY; THENCE SOUTH 2 DEGREES 57
MINUTES 13 SECONDS EAST ALONG SAID CANAL RIGHT OF WAY, A DISTANCE OF 44.78
FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 88 DEGREES 13 MiNUTES 32
SECONDS EAST, A DISTANCE OF 433.63 FEET; THENCE SOUTH 1 DEGREE 46 MINUTES 28
SECONDS WEST. A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH ALONG SA1D LINE, A DISTANCE OF 31.00 FEET; THENCE NORTH 88
DEGREES 13 MINUTES 32 SECONDS WEST, A DISTANCE OF 68.00 FEET; THENCE NORTH 1
DEGREE 46 MINUTES 28 SECONDS EAST, A DISTANCE OF 31.00 FEET; THENCE SOUTH 88
DEGREES 13 MINUTES 32 SECONDS EAST, A DISTANCE OF 68.00 FEET TO THE POINT OF
BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.045 ACRE (2,108 SQUARE FEET),
MORE OR LESS.
BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 1 BEING N 02°57'1Y' W.
PARCEL 711
AGEND~A rFEM
F E B O 9 iS, 9
pg. /~-
PREPARED BY .......... 2: ......... DATE../.~..Z:(Zi:.F..
~ '~\Ri PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
rT 0.~ I(,o NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
U
N 2%7'1YW g;
100' CANAL RNW ~ O~m ggg
wF.s'r ~
AIRPORT ROAD AGEND~
No. ' '
GENERAL NOTES
1) P.O,C. = POINT OF COMMENCEMENT ~~
2) P.O.B. = POINT OF BEGI~I~G P~' ~ ,
3) SEC, = SECTION
4) ~P. = TOWNSHIP ~
5) RGE. = RANGE
6) R~ = RIGHT QF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED W~TH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
DRAWN BY ~CHECKED BY SCAL~OT I DAlE J FILE NO
TO SCALE JANUARY 25, 1999 PULLN SHEET 2 OF 2
PUBLIC WORKS ENGINEERING DEPARTMEN]'
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO ......... 62031
PARCEL NO ............ 712A
FOLIO NO .....................................
LEGAL DESCRIPTION (NOT A SURVEY)
Temporary Construction Easement (to be effective during the
construction period of the Airport-Pulling Road 6 Lane Improvements
Project - Project Number 62031, but no later than February 1, 2007)
COMMENCING AT THE SOUTHWEST CORNER OF SECT]ON 1, TOWNSHIP 49 SOUTH, RANGE
25 EAST COLLIER COUNTY, FLOPdDA: THENCE NORTH 02 DEGREES 57 MINUTES 13
SECONDS WEST ALONG THE WEST LINE OF SECTION I A DISTANCE OF 2368.63 FEET;
THENCE LEAVING SAID WEST LINE NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A
DISTANCE OF 100.07 FEET TO A POINT ON THE EAST PdGHT OF WAY LINE OF A 100 FOOT
CANAL PdGHT OF WAY; THENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST. A
DISTANCE OF 60.57 FEET; THENCE SOUTH 88 DEGREES ]3 MINUTES 32 SECONDS EAST, A
DISTANCE OF 83.46 FEET TO THE POINT OF BEGINNING; THENCE NORTH ] DEGREE 46
MINUTES 28 SECONDS EAST, A D1STANCE OF 25.00 FEET; THENCE SOUTH ~8 DEGREES 13
MINUTES 32 SECOND~ EAST, A DISTANCE OF 63.00 FEET; THENCE SOUTH I DEGREE 46
MINUTES 28 SECONDS WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 88 DEGREES 13
MINUTES 32 SECONDS WEST, A DISTANCE OF 63.00 FEET TO THE POINT OF BEGINNING;
SAID DESCPdBED TRACT CONTAINING 0.036 ACRE (1,575 SQUARE FEET), MOPdE OR LESS.
PARCEL 712A
AGEND/tA:T:_~)
No.
F E O 9 I,'3,99
P. .....
a' ~E)'iq'~ ........ DATE.............Z'/.Z~.~
EXHIBIT PROFESSIONAL LAND SURVEYOR-FI_. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
j'~\ I COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
ff ~ f~, NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENG NEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
;_
WEST lANE OF SECTION ~ ,~~
AIRPORT ROAD AGENDA ITEM
GENERAL NOTES
1)P.O.C, = POINT OF COMMENCEMENT
2) P.O.B ~ POINT OF BEGINNING
4) ~P. = TOWNSHIP
5) RGE. = RANGE -
6) R~ = RIGHT OF WAY EXHIBIT
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
~R~wN BY CHECKED BY SCALE
C1A1E FIL~ NO
NOT TO SCALE 0ANUARY
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO ......... 62031
PARCEL NO ............ 712B
FOLIO NO .....................................
LEGAL DESCRIPTION (NOT A SURVEY)
Temporary Construction Easement (to be effective during the
construction period of the Airport-Pulling Road 6 Lane Improvements
Project - Project Number 62031, but no later than February 1, 2007)
COMMENCING AT THE SOUTH'~VEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 2 DEGREES 57 MINUTES 13
SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 2368.63 FEET:
THENCE LEAVING SAID WEST LINE OF SECTION 1, NORTH 89 DEGREES 54 MINUTES 04
SECONDS EAST, A DISTANCE OF 100.07 FEET TO THE EAST LINE OF A 100 FOOT CANAL
RIGHT OF WAY; THENCE NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SAID
EAST RIGHT OF WAY LINE, A DISTANCE OF 60.57 FEET; THENCE LEAVING SAID EAST
RIGtIT OF WAY LINE SOUTH 88 DEGREES 13 MINUTES 32 SECONDS EAST, A DISTANCE OF
374.31 FEET TO THE PO1NT OF BEGINNING: THENCE NORTH I DEGREE 46 MINUTES 28
SECONDS EAST, A DIgTANCE OF 34.39 FEET; THENCE SOUTtt 88 DEGREES 13 MINUTES 32
SECONDS EAST, A DISTANCE OF 58.0(3 FEET: THENCE SOUTH I DEGREE 46 MINUTES 28
SECONDS WEST, A DISTANCE OF 40.76 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 51
SECONDS WEST, A DISTANCE OF 25.48 FEET; THENCE NORTH l DEGREE 46 MINUTES 28
SECONDS EAST, A DISTANCE OF 7.20 FEET; THENCE NORTH 88 DEGREES 13 MINUTES 32
SECONDS WEST, A DISTANCE OF 32.53 FEET TO THE POINT OF BEGINNING; SAID
DESCRIBED TRACT CONTAINING 0.050 ACRE (2,167 SQUARE FEET), MORE OR LESS
BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION i BE1NG N 02°57'13'' W.
PARCEL 712B
·
FEB O 9
Pg.. _.___,
....
, /7/
PREPARED BY ........ ..--j ....... DATE..././.. .L~.../.~?~
~./~ PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
"~ I)~ I(. NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGiNEERiNG DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
N 2%7'13"W ~2 z
100' CANAL R%'
WEST
AIRPORT ROAD AGEND~
GENERAL NOTES
1) P,O.C. =POINT OF COMMENCEMENT
2) P.O,B. = POINT OF BEGINNING
3) SEC. = SECTION
4) ~p. = TOWNSHIp
5) RGE.= RANGE
6) R~ -RIGHT OF WAY EXHIBIT
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED W~TH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
NOT TO SCALE JANUARy 25.1999 PUELN SHEET 2 OF 2
PUBLIC WORKS ENGINEERiNG DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
PROJECT NO ......... 62031
PARCEL NO ........... 811A
FOLIO NO .....................................
LEGAL DESCRIPTION (NOT A SURVEY)
Road Right-of-way and Drainage Easement(See Stipulated
Order of Taking and Final Judgment for potential additional
uses )
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TO~VNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLOPdDA; THENCE NORTH 2 DEGREES 57 MINUTES 13
SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 236863 FEET;
THENCE NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET
TO THE EAST LINE OF A ]00 FOOT CANAL PdGHT OF WAY; THENCE SOUTH 2 DEGREES 57
MINUTES ]3 SECONDS EAST ALONG SAID CANAL PdGHT OF WAY, A DISTANCE OF ]4.68
FEET TO THE POINT OF BEGINNING; THENCE LEAXqNG SAID CANAL PdGHT OF WAY
SOUTH 88 DEGREES 13 MINUTES 32 SECONDS EAST, A DISTANCE OF 469.19 FEET; THENCE
NORTH 89 DEGREES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 10].18 FEET; THENCE
SOUTH 3 DEGREES 04 MINUTES 48 SECONDS EAST, A DISTANCE OF 30.06 FEET; THENCE
SOUTH 89 DEGREES 54 MINUTES 04 SECONDS WEST, A DISTANCE OF ]03.60 FEET: THENCE
NORTH 88.DEGREES 13 MINUTES 32 SECONDS WEST, A DISTANCE OF 467.20 FEET; THENCE
NORTH 2 DEGREES 57 MINUTES 13 SECONDS WEST, A DISTANCE OF 30.10 FEET TO THE
POINT OF BEGINNING; SAID DESCFdBED TRACT CONTAINING 0.393 ACRE (17, 116 SQUARE
FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION I BEING N 02°57'13"~V.
PARCEL 81 ] A
AGENDAilTEM
F E S
EXHIB|T PROFESSIONAL L~ND SURVEYOR-FL. REG, # 2406
]%~A~ PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
330~ EAST TAMIAMI TRAIL
~ ~ NAPLES, FLOR~gA 34~2 SHEET 1 OF
-_ PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
A\,,RI',I'0,,~ N
No.
GENERAL NOTES F
1) P.O.C, = POINT OF COMMENCEMENT
~ 3) SEC. = SECTION
4) ~P. = TOWNSHIP
5) RGE, = RANGE
6) R~ = RIGHT OF WAY EXHIBIT
7) ALL DISTANCES ARE IN FEET AND DECIMALS THER'EOF
8) NOT VALID UNLESS SIGNED AND SEALEd WITH THE '
Eu.oSSEO SEAL O~ A P.O~ESS~ONAL ~ND SU.VEVO.
NOT TO SCALE JANUARY 25, 1999 PULLN SHEET 2 OF
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
1941) 774-8192
PROJECT NO ......... 62031
PARCEL NO ............ 811B
FOLIO NO .....................................
LEGAL DESCRIPTION (NOT A-SURVEY)
Road Right-of-way and Drainage Easement (See Stipulated
Order of Taking and Final Judgment for potential additional
uses )
COM~LENC1NG AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLOPdDA; THENCE NORTH 2 DEGREES 57 MINUTES ]3
SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 2368.63 FEET;
THENCE NORTH 89 DEGPdZES 54 MINUTES 04 SECONDS EAST, A DISTANCE OF 100.07 FEET
TO THE EAST LINE OF A 100 FOOT CANAL RIGHT OF WAY; THENCE SOUTH 2 DEGREES 57
MINUTES 13 SECONDS EAST ALONG SAID CANAL RIGHT OF WAY LINE, A DISTANCE OF
44.78 FEET; THENCE LEAVING SAID CANAL RIGHT OF WAY SOUTH 88 DEGREES 13
MINUTES 32 SECONDS EAST, A DISTANCE OF 168.70 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING EAST ALONG SAID LINE, A DISTANCE OF 264.93 FEET; THENCE
SOUTH I DEGREE 46 MINUTES 28 SECONDS WEST, A DISTANCE OF 11.00 FEET; THENCE
NORTH 8g DEGREES 13 MINUTES 32 SECONDS WEST, A DISTANCE OF 214.93 FEET; THENCE
NORTH 75 DEGREES 49 MINUTES 05 SECONDS WEST, A DISTANCE OF 51,20 FEET TO THE
POINT OF BEGINNING; SAID DESCRIBED TIU~CT CONTAINING 0.061 ACRE (.2,639 SQUAP-E
FEET), MORE OR LESS
BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION I BEING N 02°57'lT'W.
PARCEL 81 IB
,.
r=M
AGENDA I',.~.> -,~
.LiZ,
r c, j O ~
PREPARED BY DATE
~'GE'E ~iE~'F~'o~E; .........................
EXHIBIT PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
~,~% PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
~5 NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
~D,,<
100' CANAL RX~7 ~; c · . ~ o
AIRPORT ROAD NO ': x'-~
1) P.O.G, = POINT OF COMMENCEMENT
2} P.O.B. = POINT OF BEGINNING .
3) 8EC, = SECTION
4) ~P. = TOWNSHIp
5) RGE. = RANGE
6) R~ = RIGHT OF WAY EXHIBIT
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WiTH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
AiRpORT-PULLING ROAD
AiRpORT-PULLING ROAD
EXECUTIVE SUMMARY
PETITION NO. R-98-2, MARIO CURlALE REQUESTING TO CHANGE THE ZONING
CLASSIFICATION OF A PROPERTY FROM "A" AGRICULTURAL TO "C-5" HEAVY
COMMERCIAL DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH
SIDE OF TAMIAMI TRAIL EAST APPROXIMATELY 2000 FEET EAST OF CR. 951 IN
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. THIS SITE CONSIST OF 3.35 ACRES.
OBJECTIVE:
The applicant is requesting to change the zoning of the property from "A" Agricultural to
"C-5" Heavy Commercial District.
CONSIDERATIONS:
The petitioner wishes to establish a building supply center containing outdoor building
storage areas and indoor sales facilities, together with related businesses focused upon
,""" the building industry.
The applicant rezoned the property adjoining the subject one to C-5, in January 1997.
At that meeting, the Board of County Commissioners directed staff to amend the future
Land Use Map to include this parcel in the Activity Center in order to enable the
applicant to rezone the subject parcel to C-5 for a hardware store and lumber yard.
However, related GMP revisions have been delayed over unrelated elements of the
amendment package.
The Collier County Planning Commission reviewed this petition on January 7, 1999,
and with a vote of 8-0 recommended that the BCC approve this petition. Staff has not
received any letters in opposition to the granting of this request. At the CCPC meeting
no one spoke in opposition to this variance petition. Because of the above facts and
staffs recommendation to the CCPC for approval, this petition qualifies to be placed on
the Summary Agenda.
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 [o
adopted levels of service for public facilities. In the event that impact fee col actions are
FEB 0 9 1999
1
Pg._
inadequate to maintain adopted levels of service, the County must provide
supplemental funds from other revenue sources in order to build needed facilities.
GROVVTH MANAGEMENT IMPACT;
The petitioner is requesting to rezone this parcel to C-5, however, this parcel does not
lie within the "Activity Center". To that extent this petition is inconsistent with the Future
Land Use Element of the GMP. The Future Land Use element of the GMP will be
amended shortly to modify the boundaries of the Activity Center to include the subject
parcel. This property is adjacent to a C-5 zoned property; therefore, it qualifies for
C-1/T In-fill Commercial rezoning. As an interim measure and to facilitate the
petitioner's plans relative to that portion of the land already zoned C-5, the applicant
has agreed to use this property for uses permitted in the C-1FF zoning district until the
Growth management Plan is amended to include this parcel within the existing Activity
Center. At the January 14, 1997 meeting the Board of County Commissioners directed
staff to expand the boundaries of the Activity Center to include this parcel. However,
related GMP revisions have been delayed over unrelated elements of the amendment
package.
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 R-98-2 pursuant to the draft
Ordinance of Adoption made a part of this Executive Summary.
1999
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
REVIEWED BY:
,,RONALD F. NINO, AICP, MANAGER DATE
C~RRENT PLANNING SECTION
i'/it '_
'i~bBi:::'~T 3[: MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
APPROVEd BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
3 FEB 0 9 199!J
AGENDA ITEM 7-C
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: October 16, 1998
RE: R-98-2, Mario Curiale.
OWNER/AGENT:
OWNER: Mario Curiale
845 Bald Eagle Drive
Marco Island, FL. 34145
Agent: American Engineering
573 Bald Eagle drive
Marco Island, FL. 34145
REQUESTED ACTION:
The applicant is requesting to change the zoning classification of the subject property
from "A" Rural Agricultural to "C-5" Heavy Commercial District.
GEOGRAPHIC LOCATION:
The subject property is located on the north side of US-41 approximately 2000 feet east
of CR. 951 in Section 3, Township 51 South, Range 26 East, Collier County, Florida.
This site consist of 3.35 acres.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to establish a building supply center containing outdoor building
storage areas and indoor sales facilities, together with related businesses focused upon
the building industry.
SURROUNDING LAND USE AND ZONING:
Existing: vacant, zoned "A" Rural Agricultural
FEB 0 9 1999
1
Surrounding: North- Residential multi-family under construction zoned PUD
known as Woodfield AKA Falling Waters Beach Resort.
East- Vacant, zoned "A" Rural Agricultural.
South- Vacant, zoned "A" Rural Agricultural.
West- Vacant, zoned C-5. This property was zoned C-5 in January
1997 for the same applicant and will be combined with the
subject property for the purpose of building a lumber yard
and home improvement center.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The petitioner is requesting to rezone this parcel to C-5, however, this parcel does not
lie within the "Activity Center". To that extent this petition is inconsistent with the Future
Land Use Element of the GMP. The Future Land Use element of the GMP will be
amended shortly to modify the boundaries of the Activity Center to include the subject
parcel. This property is adjacent to a C-5 zoned property; therefore, it qualifies for
C-1/T In-fill Commercial rezoning. As an interim measure and to facilitate the
petitioner's plans relative to that portion of the land already zoned C-5, the applicant
has agreed to use this property for uses permitted in the C-1/T zoning district until the
Growth management Plan is amended to include this parcel within the existing Activity
Center. At the January 14, 1997 meeting the Board of County Commissioners directed
staff to expand the boundaries of the Activity Center to include this parcel. However,
related GMP revisions have been delayed over unrelated elements of the amendment
package.
Traffic CirCUlatiOn Element:
The traffic impact review indicates that the project trips will not exceed the significance
test standard (5 percent of the LOS "C" design volume) on US-41. In addition, this
project will not lower the level of service below any adopted LOS "D" standard on any
road within the project's radius of development influence (RDI).
The propose rezone will not create or excessively increases traffic congestion on the
arterial road system at built-out and complies with Policies 1.3, 1.4, 5.1,5.2, 7.2 and 7.3
of the TCE.
Sewer and water:
County water and sewer will be available to this site.
Draina_oe;
Water management requirements will be addressed at the time of SDP review arid
approval, Such approvals will be made consistent with Collier Coulty dfa
requirements.
, FEB 0 9 1999
Open Space:
Thirty percent of the project site will be devoted to open space pursuant to applicable
provisions of the LDC at the time of SDP required approval.
ConservatiOn:
Conservation goals, objectives and policies are achieved by applying LDC requirements
to required subsequent approvals.
Other applicable elements
Staff's review indicates that this petition has been designed to account for the
necessary relationships dictated by the Future Land Use Element of the Growth
Management Plan (GMP). 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.
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 primarily
includes a review by the Community Development Environmental staff, and the
Transportation division staff. This petition was administratively reviewed on behalf of the
EAB and staff recommended approval.
CRITERIA EVALUATION:
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 relati3nshil~m~ii~P~,¢
community's future land use plan, and whether or not a rezoning acti,:~n ~u~ j
consistent with the Immokalee Master Plan in all of its related ele~ ~ents. Other
F E B 0 9 1999
3
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 authorizes the use of land for a specific development strategy, provided the
development of the land can go forward. It may or may not affect the timing of
development because of subsequent permitting requirements. Staff completed a
comprehensive evaluation of this land use petition and the cdteda upon 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 2.7.3.2.5.
(Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form
the basis for a recommendation of approval or denial by the Planning Commission.
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 or not
applicable, 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 have been attached to the staff report as Exhibit
"A". (See Attached)
In addition a rezoning action establishing a "C-5" zoning district will be consistent with
the basic land use designation of the future Land Use element of the GMP provided the
Growth Management Plan amendment is ultimately approved by the DCA.
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.
A rezoning action having the effect of rezoning approximately 3.35 acres will be
consistent with the provisions of the FLUE in the event EAR based amendments are
finally approved. The conditions of approval requiring no development that is not
consistent with the C-1/T In-Fill Commercial criteria makes this zoning action if
approved consistent.
Compatibility; The subject property is adjacent on one side to a C-5 zoned property.
The proposed amendment to the Growth management Plan to include this property
zoning land uses.
F E B 0 9 ~999
4
This property is adjacent to the north to a residential PUD. This relationship can be
made compatible by imposing appropriate sound and visual buffer structures or land
improvements. The LDC requires a fifteen (15) foot wide landscape buffer with eighty
(80) percent opacity screen. Staff recommends that the eighty (80) percent opacity
screen be substituted with a pre-cast masonry wall, and that no buildings or stockpiled
merchandise be placed within sixty (60) feet of the lot line contiguous to Woodfield
lakes PUD. In the opinion of staff these development standards should substantially
reduce the potential impact of commercial development.
Timing; Clearly the timing of a rezoning action from Agricultural is present when the
land is impacted with nearby Urban Residential zoning distdct ( i.e. Lely Resort, Eagle
Creek, etc.) and it is capable of being served by sanitary sewers and potable water
supplies.
Traffic: The site generated traffic will not exceed the significance test standard (5
percent of the LOS "C" design volume). The added trips will not lower the level of
service below adopted standards within the projects radius of development influence
(RDI). Therefore, the rezoning action will be consistent with the TCE.
The Traffic Circulation Element (TCE)lists US-41 as a 4 lane collector road west of the
subject property and a 2 lane collector road east of the project. The current traffic count
on US-41 west of CR. 941 is 21182 AADT which results in Level Of Service LOS "A".
US-41 east of CR. 941 has a traffic count of 4367 AADT and is operating at LOS "B".
Therefore, this project meets the County's concurrency requirement and is consistent
with the standards referenced in Policy 1.3, 5.1 and 5.2 of the TCE.
InfrastruCtUre: The site will be served by the Collier County water and sewer system.
Availability letters and construction plan approval from the Collier County Utilities
Department shall be provided prior to final Site Development Plan approval.
NOTE: The subject property is adjacent to a C-5 zoned land; therefore, it may be
rezoned to C-1/T ( In-fill Commercial). The applicant has agreed to use
this property for parking and water management only. Such uses would
be permitted under C-1/T zoning district, until such time as the GMP is
amended to modify the boundaries of the adjacent Activity Center to
include the subject property.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition R-98-2 to the BCC with a
recommendation for rezoning this property from "A" to C-5 Heavy Commercial zoning
district. Further, staff recommends that this parcel be used for parking only until such
time as the Future Land Use Element of the GMP is amended to include this n~rcel
within the Activity center and further subject to the conditions spelle~ out~~,~
proposed Ordinance of adoption.
FEB 0 9 1999
5
p~.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
RONALD F. NINO, AICP, MANAGER DATE
CURRENT PLANNING SECTION
(b~H / c -/./_ ~ ,p.
R ERE, AICP, DIRECTOR DATE
PLANNING SERVICES
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: R-98-2
Staff report for December 17, 1998 CCPC meeting.
Collier County Planning Commission:
M,L~E~"J. Bruet, CHAIRMAN
F E B 0 9 1999
6
p~./~>
REZONE FINDINGS
PETITION R-98-2
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: The proposed rezone wili be compliance with the Growth Management
Plan.
Con: None.
Summary Findings: The proposed rezone will be in compliance with the Future
Land Use Element of the Growth Management Plan once it has been amended
to include this parcel within the Activity Center..
2. The existing land use pattern.
Pro/Con: Evaluation not applicable.
Existing: vacant, zoned "A" Rural Agricultural
Surrounding: North- Residential multi-family under construction zoned
PUD known as Woodfield AKA Falling Waters Beach
Resort.
East- Vacant, zoned "A" Rural Agricultural.
South- Vacant, zoned "A" Rural Agricultural.
West- Vacant, zoned C-5. This property was zoned C-5 in
January 1997 by the same applicant and will be
combined with the subject property for the purpose of
building a lumber yard and home improvement
center.
3. The possible creation of an isolated district unrelated to adjacent and
nearby districts. NAo~',~[~
1 FEB 0 9 199~~
Pro: This property is adjacent to a "C-5" zoned property.
Con: None.
Summary Findings: This property along with the existing C-5 zoned property to
the west are of a sufficient size that this rezone will not result in 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 proposed for change.
Pro: The district boundaries are logically drawn and once the amendment to the
GMP is approved, they are consistent with the GMP.
Con: None.
Summary Findings: Adjacent land to the west is zoned "C-5". If approved, this
action would serve to enlarge the "C-5" permitted uses in the area.
5. Whether changed or changing conditions make the passage of the
proposed amendment necessary.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed zoning change is appropriate based on the
existing conditions of the property and because its relationship to the FLUE,
once amended, will be a positive one.
6. Whether the proposed change will adversely influence living conditions
in the neighborhood.
Pro: I-Adjacent properties are located in an "Activity center". By virtue of this fact
it is reasonable that one assume the potential for rezoning actions leading
to commercial development.
II-Recommended mitigation actions made a condition of approval will go a
long way towards any potential adverse influences on the proposed
residential community lying north of the project.
Con: Potential noise from land use activities could be annoying to future
condominium owners at the woodfield Lake PUD (Falling Waters Beach Resort).
Summary Findings: The proposed change will not adversely influer
conditions in the neighborhood because the recommended dev Io
; pr~ent
standards and other conditions for approval have been promulgated and
FEB 0 9 1999
2
designed to ensure the least amount of adverse impact on adjacent and nearby
developments. Recommended mitigation action should serve to ameliorate
impact on an adjacent residential under construction.
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 state highway thereby providing an
immediate highway system over which traffic from this project is defused.
Con: Urban intensification results in greater volumes of traffic on the arterial and
collector road system serving the project. Other projects dependent upon the
same street system may perceive this 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. In the final
analysis all projects are subject to the Concurrency Management system.
8. Whether the proposed change will create a drainage problem.
Pro: 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: Urban intensification in the absence of commensurate improvement to
intra-county drainage appurtenances would increase the dsk of flooding in areas
when 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
approval. This project was reviewed for drainage relationships and dE s g ana ~n
construction plans are required to meet County standards as a co Idition of
FEB 0 9 1999
3
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.
Proll;on: Evaluation not applicable.
Summary Findings: All projects in Collier County are subject to the
development standards that are unique to that zoning district. These
development standards and others apply generally and equally to all zoning
districts and were designed to ensure that light penetration and air circulation are
minimally affected by development.
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, west and north side of
the subject property.
Con: None.
Summary Findings: This is a subjective determination based upon factors
which may be internal or external to the subject property. Zoning is only one
component which may affect property values.
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 Land Development Code 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
act as a deterrent to improvement or development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasting with the public welfare.
Pro/Con: Evaluation not applicable. ~o~EN~y~iM
~ /
FEB 0 9 1999
4
Summary Findings: The proposed development will be in compliance with the
Growth Management Plan, when amended, a public policy statement supporting
zoning actions when they are consistent with the Comprehensive Plan. In light
of this fact, the proposed change does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with the GMP 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.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County.
Pro/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 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: There are many sites which are zoned to accommodate
the proposed development. This is not the determining factor when evaluating
the appropriateness of a rezoning decision. The determinants of zoning are
consistency with all elements of the GMP, compatibility, adequacy of
infrastructure and to some extent the timing of the action and all of the above
criteria.
16. The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of
the range of potential uses under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
o °ths-
Summary Findings: Development of the land will necessitate alterati }n f
site in some form.
F E B 0 9 1999
5
17. The impact of development on the availability of adequate public
facilities and services consistent with the levels of service adopted in the
Growth Management Plan and as defined and implemented through the
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
relationship.
F E B 0 9 1999
6
p~,/L
3RDiX.~NCE NO.
.~N ORDINANCE AMENDING ORDINANCE NITMBER
91-102, THE COLLIER COUNTY LAND EEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPOP~ATED
.AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE OFFICIAL ZONING ATLAS MAP
NI/MBER 1603N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED ON THE NORTH SIDE OF US-
41, EAST OF SR-951 IN SECTION 3, TOWNSHIP
51 SOLTTH, RA/~GE 26 EAST, COLLIER CO~,
FLORIDA, FROM "A" TO "C-5" FOR A BUILDING
SUPPLY STORE; PROVIDING FOR STAFF AND
PLANNING COMMISSION STIPULATIONS; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Martin D. Pinckney, P.E. of American Engineering
Consultants, representing Marie Curlale, petitioned the Board
of County Commissioners no change the zoning classification of
the hereln described real property;
NOW, THEREFORE BE iT ORDAINED BY THE BOAZD OF COUNTY
COMMISSIONERS OF COLLIER CCL~TY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more
particularly described by Exhibit "A", attached hereto and
2nccrporazed by reference heroin, and located in Section 3,
Township 51 South, Range 26 East, Collier County, Florida, is
changed from 'A" to "C-5" and the Official Zoning Atlas Map
Number 1603N, as described in Ordinance 91-I02, the Collier
?sunty Land Eeveicpmen~ Code is hereby amended accordingly. The
herezn described real prcper~y is the same for which the rezone
is hereby approved subject zo the following conditions:
1. This property can only be used for Cl/T zoning
purposes until the EAR based amendments to the Future
Land Use Element of The Growth Management Plan become
legally effective as provided by ~163.3189(2)(a) of
the Local Government Comprehensive Land Use Planning
and Land Development Regulation Act.
2. The following uses are hereby authorized:
a. Unless otherwise provided, all permitted
uses in the C-4 general commercial district.
b. Building Materials, Hardware, Garden Center
(Groups 5211-5261).
and Operative Builders (Groups 1521-1~
d. Construction - Special Contractors ]
__pg. /i .
i. A precast masonry deccratlYe fence six (6) feet
_-. high shall be constructed along The property ilne
contiguous to the Woodfield Lakes PUD.
4. No buildings or building materma! storage may
occur wlthin smxty (60) feet of the contiguous
lot l!ne cf the Woodfield Lakes _DUD.
5. No building or structure shall exceed a height
of twenty-eight (28) feet.
6. The wall of any building or structure adjacent
to the Woodfield Lakes PUD shall be insulated to
inhibit noise emissions to said property.
7. Arterial level street lighting shall be
installed at the project entrance on U.S. 41 as
part of the development of the first phase.
8. The site plan shall be consistent with the
requirements of Ordinance 93-64 with respect to
turn lanes, minimum throat distances and
internal traffic circulation.
9. Substantial competent evidence cf the project's
ability to accept, detain and treat historic
surface runoff from the roadway shall be
presented at the time of an application for a
Site Development Plan.
10. Any approval for this project shall not vest
any right to a median opening, now or in the
future, along any project roadway frontage.
Access may be constrained to a rmght-in/
right-out only.
11. Subsequent approval of a Site Development Plan
shall provide for cross or shared access with
properties to the west of this property so that
shared access is achieved, leading to US 41.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department cf State.
.DASSED AND DULY ADOPTED by the Board cf County
Commissioners of Collier County, Florida, this day of
, 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
/-~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY
q~'~'MARJORIE M. STUDENT
Ass s?m - corm, A : O 'SY FEB 0 9 1999
f/R-gB-2 REZONE 0RDINANC~/
LEGEND
T
PUI:h~OSE:$ ONI, Y AND IS ~ A ~R~Y
· = DENO~S BASIS OF B~ARINCS
- DENOES SUB~CT AREA
P.O.C. = OENO~S P~NT ~ COMMENC~MENT-
P.O~. = DENO~S P~NT OF 8[~NNING
C~
TOTAL AREA
/
/
/
/
/
, / 7~24'
N~ RI~T-~--WAY UNE ~ US
% /
EXHIBIT 'A'
REZONED PROPERTY, MARIO CURIALE
LEGAL DESCRIPTION
BRING A PARCEL OF LAND THAT IS LYING WITHIN THE NORTH-HALF ( N1/2 ) OF
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST OUARTER ( E 1/4 ) CORNER OF THE ABOVE MENTIONED
SECTION ..3; THENCE SOUTH 0 DEGREES 41 MINUTES 49 SECONDS WEST ALONG THE
EAST LINE OF SAID SECTION, A DISTANCE OF 612.54 FEET; THENCE NORTH 89
DEGREES 18 MINUTES 11 SECONDS WEST, A DISTANCE OF 722.24 FEET TO THE
INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF A COUNTY DRAINAGE CANAL
AND THE NORTH RIGHT-OF-WAY LINE OF US #41 ( A.K.A.S.R. 90, TAMIAMI
TRAIL ), A 200 FEET W~DE ROADWAY, THENCE NORTH 54 DEGREES 20 MINUTES
16 SECONDS WEST ALONG 5AID NORTH-RIGHT-OF-WAY LINE, A DISTANCE OF
1767.47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 54
DEGREES 20 MINUTES 16 SECONDS WEST ALONG SAID LINE. A DISTANCE OF
364.96 FEET; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST, A
DISTANCE OF 4-00.14 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS
EAST, A DISTANCE OF 364.96 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44
SECONDS WEST, A DISTANCE OF 400.14 FEET TO THE POINT OF BEGINNING;
SAID DESCRIBED TRACT CONTAINING 3.35 ACRES, MORE OR LESS.
-~,.
THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED
BEARING OF NORTH 54 DEGREES 20 MINUTES-16 SECONDS WEST FOR THE NORTH
RIGHT-OF-WAY LINE OF SAID US ff41.
PREPARED BY FLORIDA GEl; T1F1CATE NO. 656
AMERICAN ENGINEERING CONSULTANTS, iI~ ~. F,:B 0 9 1999
RLE: 99070903.DWC: .St"lET 1 OF 1 ,--,_ .J06 o.: 9 7-09-
EXHIBIT "A" (~ ~o __
COLLIER COUNTY
APPLICATION FOR STANDARD REZONE
PETITION NO.
COOPdDINATING PLANNER: ~n Nin~ DATE RECEIVED:
APPLICANT NAME (AGENT): American Engineerin0 PHONE: {941) 394-1697
APPLICANT ADDRESS: q73 Rald Ragle ~r.. Marco Island. FL 34145
PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: Mario Curiale
845 Be!~ F~gl~ Dr. Marco T~l~nd. FI. 34145 PHONE: (94~) 642-1991
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SECTION: N½ ~f ~ TOWNSHIP: 5l South RA/qGE: 26 East
(See atT~h~a a~_~r_riDt,~.~n_)
PROPERTY I.D. #: 726000009
SIZE OF PROPERTY: 365 FT. X 400 FT. ACRES: 3~35
US 41 ¼mile East of SR 951
GENERAL LOCATION OF SUBJECT PROPERTY:
ADJACENT ZONING AND LAND USE
ZONING LAND USE
N PIT1'] Vacant
S A ./C-2 US 41
E A Vacant
W C- 5 Vacan~
EXISTING ZONING: A REQUESTED ZONING: C-5
PROPOSED L~uND USE OR RANGE OF USES (OPTIONAL): Building Supply S~ore
FEB 0 9 1999
-1-
3ES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY?
IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY:
Yes. The westerly 515' of the 880'x400' parcel which was
re~o~ed under Petition R-96-14 (~Q Attached Exhibit "A".)
HAS A PUBLIC HEARING FOR A REZONE BEEN HELD ON THIS PROPERTY WITHIN THE
PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO. R-96-14.
IS THIS PROPERTY CURRENTLY VACANT? X YES NO. IF THE ANSWER IS
NO PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES.
SIGNATOj~~FPETITIONER OR AGENT DATE~ ' ~ ~
* If petitioner is a corporation other than a public corporation,
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 lessee, attache copy of lease, and indicate
actual owners if not indicated on the lease.
* If petitioner is a contract purchaser, attache copy of contract,
and indicate actual owners name and address.
STAND REZONE APP/md/14864
FEB 0 9 1999
AFFIDAVIT
I, Mario Curiale being duly sworn, depose and
say that I am the owner of the property described herein and which is
the subject matter of the proposed hearing; that all the answers to the
questions in this application, and all sketches, data and other
supplementary mater attached to and made a part of this application,
are honest and true to the best of my knowledge and belief. I
understand this application must be completed and accurate before a
hearing can be advertised. I further permit MarTin D. Pinckney, P.E.
(AGENT'S NAME)
to act as my representative in any matters regarding this petition.
)~TURE O ~
State of Florida
County of Collier
The foregoing Agreement Sheet was acknowledged before me' this
day of by
, ~~- ~ . . ., who is
personally known to me ~r~h~_s predu~_~cd M
~tificzt-iGn ar~ ~:he~id (did net) takc an czth.
(Sig~0~lic) C
NOT~Y PUBLIC
Co~ission ~
My Co~ission Expires:
-~.- FEB 0 9 1999
SIGNATURE OF
State of Florida
County of Collier
~27Z~ day of ~q~4j~ , 199] by who is
personally known to-me er ~-,'ho has ~rcduc,~d ~ a~
idcntif=--': .... ~ --'~^ did (did n~L) ~uke an oaL~
(Sfgnature of Notary Public)
NOT~Y PUBLIC
Co~ission ~
My Co~ission Expires:
C
2 FEB 0 9 1999