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Agenda 09/28/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, September 28, 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. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 September 28. 1999 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. o INVOCATION - Miss Gail Schultz, Teacher from Unity of Naples Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of October I - 7, 1999 as United Way of Collier County Campaign Kick-Off Week. To be accepted by Mr. Ernie Bretzmann, Executive Director and Ms. Shannon Anderson, Campaign Development Director, United Way of Collier CounB' 2) Proclamation proclaiming that Sugden Community Park be recognized by the Board of Commissioners and the Florida Chapter of the American Society of Landscape Architects. To be accepted by Mr. Joe Delate, Project Manager, Parks and Recreation Department and Mr. William E. Flynn, construction Management Supervisor, Public Works Engineering Department 3) Proclamation proclaiming the week of October 3-9, 1999 as Mental Illness Awareness Week. To be accepted by Ms. Kathr3'n Leib Hunter, Executive Director, NAMI of Collier County 4) Proclamation proclaiming the week of October 3-9, 199 as National 4-H Week. To be accepted by Ms. Brooke Haas, Vice President, and Mr. Andrew Glazier, Treasurer, 4-H County Council $) Proclamation proclaiming the week of October 4-11, 1999 as The Friends of the Florida Panther Refuge Poster Week. To be accepted by Mr. Bob Baker, President, The Friends of the Florida Panther and Mr. Jim Kirkowski, Manager, Panther Refuge B. SERVICE AWARDS 1) Judi Bodine, Public Services Administration - 15 Years Scptcmber 28. 1999 2) Joseph Delate, Parks and Recreation - 10 Years 3) John Lucrezi, Water- 10 Years 4) Robert Mulhere, Planning Sen'ices - 10 Years 5) Kevin Rogan, Sr., Road and Bridge- 10 Years 6) Earl Sackett, Road and Bridge- 10 Years 7) Daniel Sappah, Road and Bridge-5 Years 8) Paul Passaretti, EMS - 5 Years C. PRESENTATIONS 1) Recommendation to recognize Danielle Chard, Principal Information Technolo~' Professional, Information Technology Department, as Employee of the Month for September 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Mr. John P. White requesting an easement over County-owned parcel. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) C-99-6, Naples Italian American Club requesting a permit to conduct a carnival (Festa ltaliana) on November 4,5,6 and 7, 1999 at 7035 Airport Road North. 2) Request by Bob Townsend of Mayflower Congregational Church of Christ for a waiver of a Temporal' Use permit fee for special events signs. 3) A report to the Board on the Housing Element of the Collier County Growth Management Plan. B. PUBLIC WORKS 3 September 28. 1999 1) Staff Report on Disposal Capacity at the Naples Landfill and Incinerator Option for Collier County. 2) Presentation of the Camp Dresser & McKee, Inc. Survey on Host CommuniD' Compensation Mechanisms and their Applicability to Collier County Landfill Operations. 3) Approve Payments to Waste Management, Inc. for Operating Cost Increases at the Naples Landfill. 4) Presentation of the Traffic Analysis for Santa Barbara Boulevard Corridor Study (Project # 60091) (CIE # 32) 5) Interim Report on Reclaimed Irrigation Water Resource Planning Issues and Peak Season Irrigation Demand. C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Adopt a Resolution Authorizing the Acquisition by Girl, Purchase or Condemnation of Road Right-of-Way, Sidewalk, Slope, UtiliD', Drainage, Maintenance and Temporar3' Driveway Restoration Interests by Easement and/or Fee Simple Title Interests for Pine Ridge Road bemeen Airport- Pulling Road (C.R. 31) and Logan Boulevard, CIE No. 41. E. COUNTY ADMINISTRATOR 1) Adoption of a County Legislative Agenda. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT Recommendation for Board selection of outside counsel for County in lawsuit entitled Dwight E. Brock' v. Robinson & Cole, L.L.P. and Collier CounO,, Florida, Case No. 99-2910-CA. Report of solicitation process to obtain outside counsel to assist Board and oversight committees in Growth Management Plan proceedings / selection of counsel. Recommendation to authorize staff to submit a proposal for settlement in the case of George Smith & Cheryl Smith vs. Better Roads, Inc. & Collier CounO,, Case No. 96-2625-CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida. 4 September 28. 1999 De Recommendation to accept a settlement proposal in the case of State Farm Mutual Automobile Insurance Company, a/s/o Michael McCrea vs. Collier Count)' Board of County Commissioners, Case No. 97-2219-CA-01- THB, Pending in the Twentieth Judicial Circuit Court, Collier CounD', Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Enterprise Zone Development Agency. B. Appointment of Commissioner to serve on the Board of the Florida Coalition of Coastal Communities, Inc. C. Discussion relating to the C-4 District maximum height allowance. 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 B. ZONING AMENDMENTS 1) Petition R-99-7, Terrence L. Kepple, P.E., of Kepple Engineering, Inc. representing William Minnielli, requesting a rezone from "A" to "RSF-4" for 15? single family dwelling units for property located west of San Marcos Boulevard, in Section 31, Township 49 South, range 26 East, Collier Count)', Florida, consisting of 39.36 +/- acres. C. OTHER 1) Approve the Rate Resolution to Adjust Landfill Tipping Fees, Residential Annual Assessments and Commercial Waste Collection Fees. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 5 September 28. 1999 1) CU-99-18 Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Robert Keenan, requesting Conditional Use "24" of the "A' zoning district for a dog kennel on less than 20 acres of land, in Section 36, Township 48 South, Range 26 East, Collier County, Florida, consisting of 1.3 +/- acres. 2) THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 14, 1999 MEETING AND IS FURTHER CONTINUED INDEFINITELY. Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A. representing Gulf Coast Building Association, requesting approval of off-site parking for property described as Lot 46, Cypress Woods Estates Plat #2, to serve the existing businesses located at 3838 North Tamiami Trail, Section 22, Township 49 South, Range 25 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of an interim policy for commercial lake excavations located in Golden Gate Estates. 2) Recommendation to approve Commercial Excavation Permit No. 59.691, "Forest Park (Heron Lakes)" located in Section 33, Township 49 South, Range 26 East: Bounded on the north by the Golden Gate Canal (Golden Gate CiD'), on the south by 1-75, on the east by land zoned agriculture, and on the west by Golden Gate Community Park and Berkshire Lakes PUD. 3) Approve an Agreement with the Economic Development Council of Collier County, Inc. (EDC) to execute continuation of the Economic Diversification Program; and provide a contribution to the EDC of up to $250,000 for Fiscal Year 1999-2000. 6 September 28. 1999 4) 5) Request to approve for recording the final plat of"Isla Del Sol", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Approve budget amendment recognizing grant revenues from the Commission for Transportation Disadvantaged. B. PUBLIC WORKS 1) 2) 3) 4) 6) 7) 8) 9) 10) Resolution to Appoint and Authorize the Public Works Administrator, the Transportation Director, the Stormwater Management Director, and the Public Works Engineering Director to Execute Grant, and Permit Applications and other Documents Pertaining to Construction of Public Works Improvement Projects. Approval of a Lease Agreement between Collier Count3.' and the City of Naples Airport Authori~' concerning the Solid XVaste Transfer Site. Award Contract to Construct Master Pump Station 1.02, Bid 99-2967, Project 73924. Recommendation to Award Bid #99-2970 - "Chemicals For Utilities" for Fiscal Year 99/00. Approve Work Order No. JEN-FT-99-1 with Jenkins & Charland, Inc., and Work Order No. PHA-FT-99-3 with Pitman-Hartenstein & Associates, Inc., for the Design of the Proposed Palm River Boulevard Bridge Replacement & Utility Relocation, Project No. 69133. Award a Construction Contract to Better Roads, Inc. for Construction of Intersection Improvements at Immokalee Road and Wilson Boulevard, Collier County Project # 66065A; Bid # 99-2983. Approve Tourist Development Category "A" Funding Applications. Approve Deferral of the Design and Installation of Traffic Signal and Roadway Intersection Improvements at the Intersection of Vanderbilt Drive at 111 th Avenue/Bluebill Avenue. Approve a Change Order to the Professional Sen'ices Agreement for Traffic Engineering Consultant Sel~'ices in the Amount of $15,165 for Implementation of Coordinated Signal Timing Plans for Airport-Pulling Road and Pine Ridge Road. Award Bid No. 99-2974 "Traffic Sign Materials" to Municipal Suppl.',' and Sign Company. 7 September 28. 1999 il) Approve an lnteragency Agreement between Collier Count)' and the State of Florida Department of Corrections, Hendr)' Correctional Institution, for Continued use of Inmate Labor in Road Maintenance Activities. 12) Award Annual Bid # 99-2973, "Traffic Signal Components," to US Traffic (dba Intersection Development Corp.), Traffic Parts, Inc., Traffic Products, Inc., and Utilize the Florida State Contract for Purchase of Traffic Signal- Related Equipment. C. PUBLIC SERVICES 1) Approval of an agreement to terminate lease between Collier County and Collier Health Services, Inc. 2) Approve a budget amendment for the increase in Medicaid Waiver revenue collected and related program costs. 3) Grant an easement to Florida Power & Light Company upon real property owned by Collier Count)', to service the Collier CounD' Agricultural Fair and Exposition, Inc. (Collier County Fair Board). 4) Approve a Resolution amending Collier County Parks and Recreation Facilities and Outdoor Areas License and Fee Policy, repealing and superseding Collier Count)' Resolution No. 98-389. 5) Approve a lease agreement with Southwest Florida Workforce Development Board, Inc. for use of the band building located at the immokalee Sports Complex. 6) Award of Bid 99-2938 "Portable Toilet Rentals". 7) Award of Bid 99-2965 "On-Call Electrical Sen'ices for Parks and Recreation". 8) Approve the F.R.D.A.P. Grant Agreement for Sugden Regional Park. 9) Enter into an agreement with the Collier Count)., School Board for recreational camp field trip transportation. 10) Authorize the Chairwoman to execute the annual contract between Collier Count)' and the State of Florida Department of health for operation of the Collier Count)' Health Department, upon review by the Count)' Attorney's office. D. SUPPORT SERVICES 1) Approval of a resolution authorizing expenditure of funds for the United Wa)' Campaign. 8 September 28. 1999 2) Approval of an Agreement with Insurance and Risk Management Services, Inc. for Property and Casualty Insurance Brokerage Services. 3) Approval to Renew the Property & Casualt3' Insurance Program. E. COUNTY ADMINISTRATOR 1) Budget Amendment Report - Budget Amendment #99-442, #99-450 and #99- 449. BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Serxices of the Public Defender for Case Nos.: 99- 01740MMA, 98-01445MMA, 99-00356MMA, 99-00666MMA, 96- 06758MMA, 98-00928MMA, 99-00592MMA, 99-00651MMA, 99- 01385MMA, 98-07867MMA, 98-06765MMA, and 98-09455MMA 2) Miscellaneous items to file for record with action as directed. I. OTHER CONSTITUTIONAL OFFICERS l) Recommend that the Board of County Commissioners designate the Sheriff's Office as the "Official Applicant" of the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grant Program, to accept grants when awarded and approve applicable budget amendments. 2) Recommend that the Board of Count3' Commissioners endorse an amended United States Department of Justice Federal Equitable Sharing Agreement. 3) Recommendation that the Board of County Commissioners adopt a Resolution amending the legal descriptions in those precincts recommended by the Supervisor of Elections. 4) Recommendation that the Board of Count)' Commissioners adopt a Resolution for sole source acquisition of ballot tabulation sofm~are which is certified in Florida as being Y2K compliant. 5) Recommendation that the Board of Count3' Commissioners serve as the local coordinating unit of Government, endorse the Collier County Sheriff's Office State of Florida, Department of Transportation, Highway Safety Funds Grant Application, and upon award, accept the grant and approve ~ applicable budget amendments for the Sheriff's Office Immokalee D.U.I. Enforcement Project. 9 September 28. 1999 6) Approval of a lease agreement with William F. Hiniker and Carole Ann Hiniker for use by the Sheriff's Office Public Information Office. J. COUNTY ATTORNEY 1) Agreement and Budget for partial funding of Legal Aid SocieD~. K. AIRPORT AUTHORITY 1) To delimit the footprint of the Marco Island Executive Airport consistent with the Airport Master Plan. 17. SUMMARY AGENDA- THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, IHE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE IIEM. A. To adopt a resolution approving amendments to the Fiscal Year 1998-99 Adopted Budget. B. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 14, 1999 MEETING AND FURTHER CONTINUED TO OCTOBER 12, 1999 BCC MEETING. Petition PUD-98-13, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Collier Development Corporation, requesting a rezone for lands zoned "A" Rural Agriculture and "PUD" Planned Unit Development "PUD" to "PUD" for a new "PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessoD' and incidental facilities including a club house, 50,000 square feet of C-3 commercial uses and/or a hotel on property, located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 11 l'h Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier CounD', Florida consisting of 267.44 + acres PUD-99-17, George L. Varnadoe, Esq., of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Hamilton Harbor, Inc., requesting a rezone from "PUD" (Sabel Bay) to "PUD" Planned Unit Development to be known as Hamilton Harbor PUD, in accordance with an Interlocal Governmental Agreement between the City of Naples and Collier Count', for a marina located in South Naples Bay, adjacent to Bayview Park, of which 21 +/- acres 10 Septcmber 28. 1999 De Eo are located within the Collier Count3' jurisdiction, in Sections 22,23, and 27, Township 50 South, Range 25 East. CU-99-14, Terrance L. Kepple, of Kepple Engineering, Inc., representing Anthony Ross, requesting Conditional Use "4"of the "C-5""zoning district for child services for property located on Radio Road, approximately 300 feet east of Airport Road, in Section 35, Township 49 South, Range east, Collier Count3', Florida, consisting of 0.66 +/- acres. Petition V-99o12, William L. Hoover, AICP, of Hoover Planning, representing Pizza Hut of America, Inc., requesting an after-the-fact variance of 6.2 feet from the required setback of 15 feet to 8.8 feet for propert3? located at 2013 CR 951, further described as Block 75, Golden Gate Unit 2, in Section 22, Township 49 South, Range 26 East, Collier Count)', Florida. DOA-99-02, Karen K. Bishop of PMS, Inc. of Naples, representing Dewey R. Gargiulo and Michael Procacci, Trustees, and Ronto Development Group, requesting an amendment to the Parklands Development of Regional Impact (DRI), Development Order 85-4, as amended for the purpose of extending thc date by which time substantial development was to have begun from March 11, 2000 to March 11, 2003, for property located in Section 9, Township 48 South, Range 26 East, Collier CounB', Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 11 September 28. 1999 AGENDA CHANGES. BOARD OF COUNT~. COMMISSIONERS' MEETING September28. 1999 ADD: ITEM 5 C 2 Check presentation to the County Parks snd Recreation Department for the Florida Recreation Development Ae$istence Program Project for the 1999-2000 Leglalature awarded to Sugden Regional Park. (Staff's Request) ADD: ITEM 10 !~ Evaluation of current Immokales Road 6-Lane Improvement project, drainege and Mdewalk design; Project No, $9101; CIE No. 08. (Comm. Mac'Kle's Re~lueat) _ADD: ITEM 11 A Accept an Article V Truet Fund Grent-irt-AId of $49,204.00 from the OfflGe of the stere Court Adminiatretor and authorize Chairwoman to algn the agreement. (Steff'$ Request) MOVE: iTEM 18 K 1 TO 8 F t :. To delimit the footprint of the Marco Island Executive Airport conalstent with the Airport Master Plan. (Commiseioner Con~tentine'e Requeat) CpNTINUE.: ITEM 13 A t TO OCTOBER t2, 19~19 IEICC MEETING CU.99.1B requesting Conditional Use "24" of the "A" zoning dlatrict for a dog kennel on leas than 20 ecrea of land. CONTINUE: ITEM 16 A 2 TO BE CONTINUED INDEFINITELY Recommendation to approve Commercial Excavation Permit No, 59.69t (Staff's Request). PROCLAA4A TION WHEREAS, since 1957. the United Way of Collier County has sponsored and funded qualified, non profit community agencies which provide essenHol social and health se?vices to our citizens; and. throughout the 43 year history of the United Way of Collier County, the organization has demonstrated continued growth and is currently lundin9 20 community agencies providing se?vices to oil areas of our County; and, WHEREAS, the l ggg/2000 Community Compaign off/c/oily begins on October 1, I999; and, the Board of County Commissioners gratefully acknowledge and support the fine work of the United Way of Coil/er County and its member agencies. NOW THEREFORE, be it proclaimed by the Booed of County Commissioners of Collier County, F/or/da, that the week of October I - 7, 1999 be designated as UNITED WA Y OF COLLIER COUNTY CAIAPAIGN KICK-OFF WEEK DONE AND ORDERED THIS 2Sth Day of ~eptember 1999. BOARD OF COUNTY COh~t~ISSIONERS COLLTER COUNTY, FLORIDA ATTEST: PAIAELA 5. t~AC'KIE, CHAIRWOtHAN DWIGHT E BROCK, CLERK AGENQ~.ITEM / ._ SEF 2 8 1999 PROCLAMATION WHEREA S, in June of 1998, the Collier County Board of County Commissioners opened Sudden Community Park to offer recreational facilities and pro,rams for residents and visitors to Collier County; and, WHEREAS, the park is 120 acres in size and has a 60 acre lake with a beach, playground, amphitheater, and rest room facilities; and, WHER EA S, in July, 1999, Collier County Board of County Commissioners and Department of Parks and Recreation received an Award of Honorable Mention for landscape design for Sudden Regional Park; find, WHEREAS, this award from the Florida Chapter of The American Society of Landscape Architects recognizes the Park's landscapin~ as one of the best for projects from the entire State of Florida; and, WHEREAS, the Sugden project was a collaborative design effort by Karen Bishop/PMS, Stan Chrzanowski/Plannin9 Department, Joe Dela te/Project Manager, George Fo]9/IBIS, Dayna Fendrick and Dan NovakovichlWilson Miller and Collier County Parks and Recreation; and, WHEREAS, residents and visitors to Collier County are encouraged to visit Sudden Community Park to see and enjoy this award winning park facility, NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Sudden Community Park is recognized by the Board of County Commissioners and the Florida Chapter of The American Society of Landscape Architects for the quality of its landscape and site design. DONE AND ORDERED THIS 28th Day of September, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK PROCLAMATION WHEREA S, severe mental illnesses such as schizophrenia, bipolar disorder (manic depressive illness), major depression, obsessive compulsive disorder, and severe anxie~ disorders affect one in every five families annually; and, WHEREAS, severe mental illnesses are more common than cancer, diabetes, and heart disease and are the number one reason for hospital admissions nationwide, and that on any given day, 21 percent of all hospital beds are filled by people with severe mental illness; and, WHEREAS, severe mental illnesses have been scientifically proven to be highly treatable biomedical disorders of the brain; and, $$~EREAS, the treatment success rate for schizophrenia is 60 percent, 65 percent for major depression, and 80 percent for bipolar disorder compared to only 50 percent for chronic physical disorders such as heart disease, diabetes or cancer; and, WItER EA S, scientific research is producing tremendous breakthroughs in the understanding of these brain disorders, resulting in more effective treatments that allow people to reclaim full and producffve lives; arid, WIIEREA S, brain disorders continue to remain shrouded in stigma and discrimination from societal prejudice causing those who are affected by severe mental illnesses to be cast as second class citizens who unfairly receive far less insurance protection and employment opportttnities than others suffering from equally debilitating physical diseases. NOW TIIEREFORE, be it proclaimed by the Board of Count)' Commissioners of Collier County, Florida, that the week of October 3 - 9, 1999 be designated as glEN TA L ILLNESS A WA RENESS WEEK To increase public awareness of severe mental illness and to promote greater understanding for ~hose who saffer from the potentially disabling symptoms of these disorders. DONE A ND ORDERED THIS 28th Da3' of September, 1999. BOARD OF COUNTY CO.llM1SSIONERS COLLIER COUNT's', FLORIDA A TTES T: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGttT E. BROCK, CLERK END I M = _ SEP 28 1999 F'cj. PR 0 CLA MA TION WHEREAS, the goal of 4-H is to provide educational opportunities for the youth and adult volunteers' in Collier County in the areas of leadership, citizenship, personal development, and practical skills; and, WHEREAS, these activities have resulted in learning experiences and accomplishments that have received State and National recognition; and, ~VHEREAS, the Board of County Commissioners of Collier County feels this 4-H program contributes to the overall development of our youth and strengthens our communities; and, WHEREAS, the 4-H members receive inspiration and guidance from interested parents, Cooperative Extension Service workers and Staff volunteer aduh and teen leaders, and support from many community organizations and businesses; arid, WHEREAS, 4-H forms partnerships and collaborates with otber youth-serving agencies to reach a wide and diverse audience. NO W THEREFORE, be it proclaimed by the Board of County Commisdoners of Collier County, Horida, that the week of October 3.9, 1999, be designated as NATIONAL 4-H WEEK and all citizens of Collier County are urged to join this Board in giving appropriate recognition to the achievements of the 4-H Clubs of Collier County. DONE AND ORDERED THIS 28th Day of September, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK AGENDA ITEM SEF 2 8 1999 pg. ' PROCLAMATION tVHEREAS, the Friends of the Florida Panther Refuge was formed itt 1997; and, I~?tEREAS, the mission of Tile Friends of the Florida Panther Rcfage is to promote a better understanding and appreciation of the impact which Sottth Florida has on the Florida Panther; arid, WItEREAS, this )'ear's Florida Panther Poster contest will not only itt volve the beauty t~ art attd creativity of our Collier County students; arid, the message of "IVhy do we save Endangered Species sttch as the Florida Panther?"; attd. WIIEREAS, saving the Florida Panther or att)' other Endangered Species nteans saving habitat that is essential for the protection of t~tatO, other species that live within the protection of its "Umbrella". NOW TIIEREFORE, be it proclaimed by the Board of County Cotmnissioners ~ Collier County, Florida, that the week of October 4-11, 1999 be designated as TIlE FRIENDS OF TttE F1LORIDA PANTIIER REFUGE POSTER WEEK DONE AND ORDERED TItlS 28th Da), of September 1999. BOARD OF CO UN TY COMMISSIONERS COLLIER COUNT}; FLORIDA ATTEST: PAMELA & i~fAC'KIE, CIL41R DliTGItT E. BROCK, CLERK AGENDA SEP 2 8 1999 Pg. [ EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE DANIELLE CHARD, PRINCIPAL INFORMATION TECHNOLOGY PROFESSIONAL, INFORMATION TECHNOLOGY DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR SEPTEMBER 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: Danielle has been with Collier County since 1995. As a Principal Information Technology Professional, Danielle is one of those employees who always go above and beyond what is expected. During the course of the day she can be found at any of the 100 plus computer terminals in the Development Services Center assisting someone with a problem or question. Borrowing the saying "Our only product is service so let's deliver the best product we can", Danielle applies that philosophy and delivers one of the best products in the business and the Collier County employees, her customers, are especially thankful. Without hesitation, Danielle has been chosen as September's 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 · RECOMMENDATION: That Danielle Chard, Principal Information Technology Professional, Information Technology Department, be recognized as the "Employee of the Month" for September 1999. Mary-3o Brock Administrative Secretary APPROVED BY: DATE: Michael A. McNees, Assistant County Administrator Staff Liaison to the Employee Advisory Committee AGENDAITEM No. ("~ Pg. t 1999 .SENATOR BURT L. SAUNDERS 25th District THE FLORIDA SENATE Tallahasgea, Florida 32399-1100 Elhics and Elections, Budget - Subcom~ee on He~ and Humeo Sewlgos Healm, Aging an~ LOflg-Te~ Ca~e JOlT COMMIE; Eye.lades ~.rsig~l Iuly 27, 1999 Ms. Barbara Pedone, Executive Secretary. Office of the County Administrator 3301 East Tamiami Trail Naple~., FL 34 i 12 RE: Request to be placed on September 28, 1999 Board of County Commissioners' Agenda Dear Ms. iPedone: l :am writing.to request that State Representative J. Dudley Goodlette and I be placed on the agenda of the Board of County Commissioners' meeting on Tuesday, September 28, 1999. Representative Goodlette and I will' be presenting a ceremonial check to the County Parks and Recreation D.epaxtmcnL The check is for the Florida Recreation De(,elopment Assistance Program project the 1999-00 Legislature awarded to Sugden ' ReL~ional Park. Thank you for consideration and I look forward to hearing from you. If you need any additional information, please contact my legislative assistant, Donna Brown, at 417-6220. sincerely youj;s,, ~u~ L. gaunders State Senator. District 25 e S/djb REPLY TO: 0 3301 East Tamiaml Trail. Admlfllstmlion Building. Suite ~, N~Ioi, ~odd8 34112 (941) 417~220 ~ 1039 SE 9~ Pbce, Room 120 A & B. Ca0e Coral, Rod~a 33~ (941) 3~-2~7 O 326 $e~to Office 8ull~ng, ~4 South Mo~oe 5~0~. Tal~hassee. Flodda 32309.11~ (8~) 467.5124 TONI dENNING$ ' WILLIAM G. "DOC" MYERS Pce$1dent Pfosldent Pro Terns)ore COLLIER COUNTY ADMINISIRATOR'S OFFICE September 13, 1999 3301 E. Z-NMIAMI TRAIL NAPLES. FLORIDA 34112 (941) 774-8383 FAX: (941,) 774-4010 A CERTIFIED BLUE CHIP (~ON~h~U%J~N Mr. John P. White White & Associates 5121 Castello Drive, Suite 2 Naples. Florida 34103 Re: Request for Public Petition - Request for Easement Over County-Owned Parcel Mitchell B. & Melinda A. Nicholas, Railhead Subdivision Dear Mr. White: Please be advised that you are scheduled to appear before the Collier CounD' Board of Commissioners at the meeting of September 28, 1999 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. How'ever, ,,,'our petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries b,', Board members. If you require any further information or assistance, please do not hesitate to contact this office. Since, tel,v, , Robert F. Fernandez~ Coun~' Administrator RFF;~p cc: Counb' Attorney Real Propens' Department AGEN DA~ITF.,M No '7(,+) Pg, I ~hn P. White, P.A. Admitted Florida & C~orgia Richard D. Lyons, J.D., M.B.A. Admitted Florida Law Offices WHITE & ASSOCIATES PARK NORTH 5121 Castello Drive, Suite 2 Naples, Florida 34103 Office 941 649-7777 Fax 941 434-0050 September 3, 1999 Mr. Robert Fernandez County Administrator Collier County Government 3301 Tamiami Trail East Naples, FL 34112 ACT;O:~ Re: Public Petition Request for Easement over County Owned Parcel Mitchell B & Melinda A. Nicholas, Property Owners Railhead Subdivision Dear Mr. Fernandez: In April, 1999 the above owners petitioned the County for a nonexclusive easement over a portion of a county owned real estate parcel located on Pagness Road in the Railhead Industrial Park. The county owned parcel is currently used by several parties, including the Nicholas' business, West Coast Roofing, Inc. and the Seminole Gulf Railway. The parcel is improved with a rail way spur line and serves as a staging area to off load rail transported materials and supplies delivered via the spur line. Mr. Nicolas purchased the building as a completed structure in its current site plan configuration several years ago. The loading bays on the east side of the building require use of the county parcel for maneuvering room and ingress access to Pagnes Road. As constructed, the only public road access available to the loading bays is over the county owned parcel. The building was originally permitted and constructed in 1987, with the building loading bay locations and the existing Pagnes Road access configuration being part of the approved and permitted site plan. Mr. & Mrs. Nicolas purchased the property believing the access and use rights to the county owned parcel were in place. The necessity of a recorded easement has only recently surfaced. The Nicolas property ~s subject to a sales contract dated March 12, 1999 and the contract purchaser has raised the 'easement issue as a title objection. In response to the objection, we submitted our easement request to the Real Property Management department in April, 1999. However, after discussions with Kevin Hendricks and Heidi Ashton our understanding is that the application process has been essentially suspended pending further direction from the commission. As such, we respectfully request an appearance before the commission for the purpose of requesting direction and assistance in obtaining the required easement. In summary, we are simply requesting an easement instrument which essentially confirms the same access and use rights as were permitted by the County in 1987 .~s ~p~lf~,~[~.iTEM,, construction approval process. They are also the same access and use rights wi dch N~V~ h~c,q ~ (/lc 2 i 99 Pg. Mr. Robert Fernandez Page 2 September 3, 1999 used and relied upon by the building owners and tenants since the building's initial occupancy in 1997. A copy of the survey showing the existing building and parking configuration is included for your review. Also enclosed are copies of my correspondence dated April 15, 1999 and May 24, 1999 to Kevin Hendricks and Heidi Ashton which provides additional detail regarding our easement request. Please call if you have any questions. On behalf of the property owners, your assistance on this matter is appreciated. JP Enclosures cc Mr. Bruce Nicholas Mr. Kevin Hendricks Ms. Heidi Ashton Mr. Jim Vogel ~~. Whitl- ds, AG E'N DAJTIE~ ' Pg, Law Offices WHITE & ASSOCIATES P,~o~ NoRT'~ 5121 Caslello Drive. Suite 2 Naples, Florida 34103 May 24,1999 Office Fax 941 649-7777 941 434-0050 Ms. Heidi Ashton Assistant County Attorney Collier County Attorney's O{'fi'~e 3301 East Tamiami Trail Naples, FL 34112 Re: Mitchell B. Nicolas and MeIinda A. Nicholas Application for Easement or Use Permit Railhead Subdivision Dear Heidi' Our firm represents the abcve land owners with respect to their application to the County fcr an easement or use permit over a portion of the County owned rail way parcel located in the RailheadSubdivision. The request is set forth in my letter application dated April 14, 1999. Mr. Mike DowIing called to relate your concern with the reverter provision included in the November 29, 1980 conveyance by which the County acquired title to the parcel. You have requested that we obtain consents from each of the four (4) original deed grantors authorizing the proposed use or easement grant. I am ~aving a difficult time locating the grantors. As noted in the original conveyancing instrument, three (3) of tine grantors executed the deed in Ohio and the fourth (4th) grantor reflects a Georgia notary acknowleCgment. None of the grantors are listed in the Naples telephone directoryand Mr..Franke, the attorney who prepared the deed, apparently no longer has an active law practice. Although we have been unable to discuss this matter, I would respectfully request that you reconsider your request for the consents. In support thereof, I would call your attention to Florida Statute Section 689.18 which provides that reverter provisions contained in deeds executed after July 1, 1951 become null, void, and unenforceable after 21 years from the deed date. As the deed was executed on November 29,1980, the reverter provision will become unenforceable after November 29, 2001. Is my understanding that the parcel is subject to a lease or use permit which will satisfy the railroad terminal use requirement through the end of the reverter term. As you are aware, forfeitures or reverters in conveyancing grants are not favored in law. The Florida courts generally view reverter provisions as limitations to a conveyance which are to be strictly or narrowly construed. The conditions which trigger the reversion cannot be extended beyond the clear meaning of the language used. The ross deed reverter provides ..."At such time as the land conveyed herein is no longer used for rail road terminal purposes, the land shall revert to the Grantors, their heirs or assigns." The deed provision does not state that the parcel must be used exclusively for rail road terminal purposes. Imposing or inferring an exclusive Jse ~A iTB/vl "' extends the limitation beyond the plain language included in the reverter provision. $:," 2 Ms. Heidi Ashton Page 2 May 24. 1999 Mr. and Mrs. Nicolas purchased the building as a completed structure in its current site plan configuration. The loading bays on the east side of the building require use of the County parcel for maneuvering room and access to Pagnes Road. In fact, the only public road access available to the loading bays is over the County owned parcel. With the building loading bay locations and the Pagnes Road access configured as part of the approved and permitted site plan, the Nicolas' purchased the property believing the use rights to the County owned parcel were in place. The issues regarding access and.use of,the County owned parcel have only recently surfaced. The Nicolas property is currently subject to a sales contract and the buyer has raised these issues as title objections. As our application for the easement has been pending for some time now, we would appreciate your help in expediting the process. On a side note, last week a representative of the Company ostensibly leasing the rail road spur line demanded that Mr. Nicolas cease using the County parcel. Therea:ter the lock to the access gate was changed to deny access to our client. Mr. Nicholas has been using the County parcel ever since he purchased his property. In fact, the gate was constructed last year at Mr. Nicolas's sole expense after reviewing the-need for the gate and the construction details with a County representative. Aside from the obvious hardships arising from the loss of access and use of the loading bays, the lessee's actions raise a serious concern as to the breacth of their lease, including the authority to exclude others from a reasonable use of the propen) Again, your expedited and timely assistance in helping us to resolve all cf these issues and questions would be greatly appreciated. Jp Enclosures cc Mr. Bruce Nicholas Mr. Jim Vogel Mr. Mike Dow!ing Or, file as AshtOn le,'ler 5-23 wpO Kindest Regards, John P. White A'GENDA I~F-',~ No, , - ~cnq 5 john P. ~i~e, P.A. .A, drru~d Florida & Geor~,a Richard D. Lyons, J.D.. M.B.A. .46rnJ~ed Law Office~ ~,I~;HITE & ASSOCb~TES P .-'~RK NORTH 5121 Cas;ello Drive, Suite 2 Nap]es, Florida 34103 April 15, i~a99 Office Fax 941 649-7777 941 434-0050 Mr. Kevin Hendricks Collier County Real Property Ma,~ac. ement Administration Building 8th Floor 3301 Tamiami Trail East Naples, FL 34112 Re: Railhead S,..,bdMsion Easement Request M, itchell B. Nicholas and Mel;nda A. Nicholas Dear Kevin: Confirming cur discussions, the above owners respectfu!ly petition the County for a nonexclusive easement over the County's real estate parcel which is located be~veen their parcel and the existt,'-.g railroad right-of-way. The County's parcel is currently used by a number of parties, including the Nicholas' business, West Coast Roofing, Inc.. Apparently, the parcel's primary intended use is to ser~e as a staging area to off load rail delivered materials and supplies from the spur line which is located on the County's parcel. Both parcels are located on F:agels Road. The Nicolas parcel is improved with an office and an attached warehouse buildine. Access. for the office area' is via direct frontage on Pagels Road. However, access to Page?s Road fb'r the warehouse builcing is through the County owned parcel. Additionally, the warehouse building has a number of loading bays which require use of the County's parcel to provide adequate turning and maneuvering areas. Unfortunately, if the use of the County's parcel is terminated, it will be extremely difficult to reconfigure an entry point to Pagels Road for the warehouse use. Also, the minimum required maneuvering areas to service the loading bays would no longer be available. The office and warehouse buildings and the parking areas were compTeted structures at the time Mr. and Mrs. Nicolas purchased the property. Verification of a dedicated easement over the County's prope~y somehow never became an issue at their time of purchase. With the County's approval and issuance of the warehouse building permits, and the apparent multiparty public use of the County's property for railroad spur line access, the issue of an easement never materialized at their purchase. Our request is for a nonexclusive easement over a defined portion of the existing paved areas to provide or continue the warehouse access to Pagets Road and the use of a reasonable maneuvering area required to service the loading bays. A cc~x'-'AI~i'EN'D' S Mr. Kevin Hendricks Page 2 ,April 15. 1999 showing the existing building and parking configuration is included for ),our review. We are currently preparing a suggested metes and bounds description for the pro?ose: easement area and will forward the description to you upon our rece:p.t. Please call if you have any questions. assistance rendered to date on this matter. Jp E~c]osures cc Mr. Bruce Nicholas Again, thank you for your prompt and helpful gards, P. White AGENDA I~'EM EXECUTIVE SUMMARY PETITION NO. C-99-6, NAPLES-ITALIAN AMERICAN CLUB, REQUESTING A PERMIT TO CONDUCT A CARNIVAL (FESTA ITALIANA) ON NOVEMBER 4, 5, 6 AND 7, 1999, AT 7035 AIRPORT ROAD NORTH: OBJECTIVE: Naples-Italian American Club is requesting that the Board of County Commissioners approve a permit to conduct a carnival on November 4, 5, 6 and 7, 1999, on their property located at 7035 Airport Road North.. CONSIDERATIONS: Naples-Italian American Club has met all the requirements of the carnival pern~it procedures other than those provided for within their request for waiver of the Surety Bond. They will be utilizing the Collier County Animal Control vacant land for parking. FISCAL IMPACT: A non-refundable $200.00 permit application fee to cover the cost of processing and required inspections has been paid to the County. Since the Naples Italian American Club has signed an agreement with the Collier County Real Property Division for clean up costs, if the Naples Italian American Club fails to restore the site back to the original condition, the County holds no liability. RECOMMENDATION: Th0t the Board of County Commissioners approve the permit application to conduct the carnival. Staffrecommends the Surety Bond be waived. PREPARED BY RO~N/ALDI*. NINO,'AZICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNG SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt --i-r~-s"~u-~r' Date , Post Date Payment Slip Nbr ,152196 ~ 09/07/1999 1:25:43 PM i 09/07/1999 ~ MS 59022 Payor' NAPLES ITALIAN-AMERICAN CLUB INC Fee Information Fee Code i Description GL Account Amount Waived 11ClRC ! FAIR & C-IRCLJS PERMiTs .... 1131~89~)3~.;~22000000 - S20-0.0(~ Total $200.00 - Payments CHECK 3964 $200.00 Total Cash SolO0 Totat Non-Cash S200.00 Total Paid $200,00 C-99-6 Naples-Italian American Club Carnival Cashier/location: TERILLA J / 1 User: MARTIN C Collier County Board of County Commissioners CD-Plus for Windows 95/NT NOTR: Please_ re_ad r~eyers_e side bopy: ~efore o_omole~ing _this Copy: · p~ copy: S~p. 02 1999 ~2:14PI'1 P2 Zon iDq__Direct or Pet PETITIONER' S PRoPZRT S PROPERTY O~ER'S ADDRESS: GENERAL LOCATION: CURRENT ZONING: /~6',~.,4. oL.."/"~,.m,.t-.- CURRENT USE: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANA- TION, SEE REVERSE SIDE.) 3.a.________ 3.e.1) __ = , 3.e.¢) 3.e.7) 3.b.: _ _ 3.e.2)~ -: _ 3.e.§)~.~_~ : ,_ 3.e.8) 3 ,c,_...___._ 3,e.3)__ . ,, 3.e,6) ....... 3,e,9).._____ Comments: DATE REVIEWED by Board of County Comm£ssioners:~ = _ _ ........ Approved: ....... Disapproved: Conaitions of Approval: S~NAT--L~R~ 6F CO~NT'~ I~J~-NAGEI~ AGENDA ITF~ 1999 Property Information Report C5F~i~i72 - Prceer!y Infornatien Report i~BR PARENT PARCEL PNYSICAL STREET ~.,-{.23-96%2% 0800080000000000 7035 AIRPORT RD N, NAPLES AREA NORTH NLiS lOi U~i? RANGE TWP SECT STRAP .5{ 25 ~ 02 492}02 iODE ?LASS CODE !{ill AREA TOTAL AOSC H}R REF FLAG 7~ F 135 5.00 0 XT~ LGL ,~I',. PREVIOUS OWNER FULL LEGAL DESCRiPTiON 2 49 25 COHH SE CFR, Ii 1108.10FT, W100.OTFT, N230 FT TO POB, W660FT, N338FT, E660FT, SB3CFT TO POB 5 AC OR ~a PG 983 ?'Tile:: ?coney ~ ~':~'~ ': ~ 1999 PrinEei cn 09/07,/{999 2:56:ilF:-i Fage _ of I '; Permit No STATE OF FLORLDA: COL.~TY OF COLLIER: PER3,IIT FOR CARNIVAL EXHIBITION V, TIEREAS, Naples Italian American Club. has made application to the Board of County Commissioners of Collier CounD', Florida, for a permit to conduct a cami~ al or exhibition: and WHEREAS, Naples Italian American Club, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article 1I, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions: and ~,',tiEKEAS. Naples Italian American Club. has requested a ~ aiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Naples Italian American Club, to conduct a carnival or exhibition from November 4. 1099 t. baough November 7, 1999, in accordance x~ith the and conditions set forth in the petinoner's application and all related documents, attached hereto and incorporated herein for the following dbscribed proper\y: Commencing at the Southeast comer of Section 2. To;vnship 0,9 South. Range 25 East, nm North l?0S 10 feet. West I00.07 feet, North 330 feet, to the Point of Beginning, thence continue \','est 660 feet. North 330 feet, East 660 feet. South 330 feet to Point of Begmmng, consisting of 5 acres, as recorded in Official Record Book 519~ Page 9S3. Official Records of Collier County. Florida. The request for wai,.er of Surety' Bond is hereby a?proved \VITNESS mx hand as Chairman of said Board and Seal of said Count5., azcsted by the Clerk of Cour:s ~n and for said CounU this da>' of . 1999 ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISS1ON~:RS: COLLIER COUNTY, FLORIDA: Approx ed as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney g. admin'CM irt,. CP-99-03 PAYlELA S. MAC'KIE, CHAIRW()MAN ~GE~3A ITEI~ 1999 FPOM : T~o ZaccKlni -------- FAX NO. : ~,08-25_'S-904g ALLIED SPECIALLY INSU~k#CE, 10&51 Gulf Boulevard 7reo~ure Is:and, FL 33?06 CERTIFICATE OF :'-P. ~2 1999 INSURANCE RENCHI#O A~USENENT$ TED 2ACCHI#I IZ08 North Orange Avenue Sarosota, FL ~Z36 COVE~E S co ~D~ OF P~ICY POLI~ ~,~ L= I~Sb~C~ ~R ,,, DAT~ EX? OAT~ LZ~IT. ~x) cOMMeRCIAL G~'NERAu LIA~I~.ITY ( } C%AIM$ MJLDE (x) aCC'JR MIREO AUTO~ roACH OC~d~CE H~P EXP {~y one pcx~on) C~INE~ SINGL~ LI~IT 80P~LY ~JU~Y (P~ p~reOp) BODILY ~,T~y O~4ER TMAN AUTO EACH ACCIDENT EAC~ OC'CLrRR ~C~ AUOR~c~T~ $ ( ) ~TATUTOR¥ LIMITS D~g~ASE-EAC~ BMPLOYE~ S~ ATT. AC~D aCHFDULE or A~IUS~ENT D~%rlC~$. CERTIFICATE MOLDER BUREAU OF FAIRS A~D EXPOSITIONS INSPECTIONS, DIVISfON OF STANDARDS 3125 CONNER BOULEVARD, STE.N/C4? Tattahassee, FL 32399-1650 CANCELLA. T ION $~D A~Y OP IHt ~g D~IS~ ~OLICI~8 BE ~LLED BEFORE EXBI~TZ~ DATE ~R~OF, ~IE IBGUING ~MP~ ~t- ~n~VOR ~ ?<AIL ~ ~AZL~ TO ~AZL ~UCH NaTI~ g~LL IMPOg~ ~00B~~ blT~i 1999 Name of event Address of event Date(s) of event Sponsor of event Address of Sponsor _SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS: /fr ,,! ,/ , 7 /,; :'~ Person in charge of food service Phone ~{~- :% . / Number of food and beverage booths }{ours of operation (- ' ,7 k~,,-- /y f',"% Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male ( I' ) Permanent: Male ( ) Method of toilet waste disposal: Female Female Describe method of liquid kitchen waste disposal: Describe containprs and method of solid waste disposal (garbage): /} ; ~, ~ ,,'.~. ~ ,,, , .. Number of' solid waste disposal containers provided: ''~ Describe facilities and method of hand washing: Describe facilities and method of utensil washing, rinsing and sanitizing: }'((,,' ~,.,.'/~'~t!'~ ~ Source of potable water: For information and assistance contact: Environmental Health & Engineering Department SEP - 7 1999 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply ---may subject the booths to be closed for public health reasons. Do you ]nderstand this complete]y? Yes I certify that to the b~st of my knowledge and belief all of the statements contained h~rein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the FRorJda Administrative Code, Chapter lOD-13. --- ~.~,- ×~- "~.' - - Date: Si~.gnature o[ ~pons~r's agent AGREEMENT MADE this 20th day of June, 1999 BETWEEN: Italian American Club of Naples, Naples, Florida (hereinafter referred to as "Club") AND: Teo Zacchini & Sons, Sarasota, FL (hereinafter referred to as "Zacchini") NOW THIS INDENTURE WlTNESSETH THAT in consideration of mutual covenants and agreements hereinafter set forth THE PARTIES HERETO AGREE AS FOLLOWS: I Zacchini agrees to furnish a minimum of 15 rides, space permitting, for the dates of November 4, 5, 6, and 7, 1999. 2. Zacchini agrees to furnish a Certificate of Insurance. 3. Zacchini agrees to furnish the electricity to operate the rides. 4. Zacchini agrees to furnish one food concession to be located on the ride midway. The concession called "Cotton Candy Castle" will pay no privilege to the Club. The "Cotton Candy Castle" will be allowed to sell drinks and have the exclusive to sell cotton candy, candy and caramel apples, popcorn, and sno-cones. 5. Zacchini agrees to furnish tickets and ticket boxes. Tickets will be priced at $.75 (seventy five cents) for single tickets; 20 tickets for $10.00; 40 tickets for $20.00. Rides will accept two to five tickets per ride. The Club will sell the tickets. 6. Zacchini agrees to pay the Club 25% (twenty-five percent) of the gross receipts from the sale of ride tickets. 7. Zacchini agrees to pay the Club $100.00 per game concession. 8. Zacchini agrees to furnish 100 posters which the Club will distribute in the area. 9. The Club agrees to furnish the midway lot for the rides to be set upon. 10.The Club agrees to assist Zacchini in obtaining any and all necessary permits required to setup and operate the rides. RECEIVED SEP - ~. kM~NG SERVICES AGENDA ITEM .. ? 5 1999 IN WITNESS WHEREOF the said parties hereunto set their hands and/or corporate seals as attested by the hands of their proper signing officers in that behalf. ITALI~.IERICAN CLU]3, NAPLES TEO ZACCHINI & SONS PER r RECEIVED SEP - ? ~999 COLt.IER COUNTY SHERiFF'S OFFICE L...&_.bx' FNFORCEMENT SPECIAL DETAIL AGREEMENT HUNTE Coltier County 5t'.ec. fC's Office. DON iR. SHERIFF eof Collier County, Naples, Flonda, hereinafter ~eferred to as "CCSO" and /f//~"-,,,¢ ~ ....... Flonda. here:nat1: .... ,A .....:. ff ;o as "CONTRACTOR", both of whom shall be referred to as the "PARTIES" WITNESSETH: WHEREAS. the CONTR~CTQR desires to obtain special I, aw Enforcej'nent Services at: )'tJ/~/~'/L. ~!:; /"/~/)/_/~.,X/ z~/~'K, ~Z-~'~ ~o~'~'/,f.~/,,~o~""~ for the pu~ose ~ (identi~ event, if any)~ --~ ~ ~ ~ / ~j _~~ in Coflier County. F~onda. and, WHEREAS. the CCSO has agreed to render to the CONTRACTOR professional law enforcement sam, ice, and the CONTRACTOR is desirous of contracting for such services upon the terms arid conditions hereinafter set forth; and WHEREAS. the CONTRACTOR is desirous of providing Law Enforcement Services through a contractum feint onship with CCSO; and WHEREAS 'he Sheriff hereby agrees to provide such secunly and law enforcement as prowded here~n. NOW. THEREFORE, in consideration of the sums hereina~er set forth and for other good and val~ab ~ -?.--5.~ ~erat:ons. lhe receipt and legal sufficiency of which are hereby acknowledged. ~t ~s heret:.y a,',:re~:c as follows: 1 F:,r tr-.~ purpose above, lhe Sheriff shall provide to the Contractor ~ i# ._-.r :ertff'ted Deputies at the place captioned above, between the hours of L...' P'~-~ and ID: ~1~1 on [date{s)]. A s-~,.~,-' ,~,~ of specific assignments for Deputies assigned under this a-"~.>-,.=r~t ~s attached hereto and marked "Exhibit Such 'aw enforcement Deputies shall perform normal law enforcement C~,~,es ',o provide for the health and security of persons in the ~mmediate are3 c? the above-captioned event or location(s). A~ a'l ',,mas pertinent to this contract, the law enforcement Deputies shall be assgned by and remain under the conlrol of the Office of the Shenff of Colher County, Don Hunter, Shenff. Ownership and maintenance of e~,:,c~ent used in Special Delails are the responsibility of the Collier Cot. my .Shen~s Office and equipment assigned to a Deputy for use in the regula, performance of duties shall De used during this Special Detail. All eC'J,pment remains the responsibility of the assigned Deputy and o,,.."e'~"~, remains with the Collier County Shedff's Office. T-e Cc:*',,aotor shall pay as ~d~cated under "F,na-:.,a: A"ranc~emeoJ$" to the :.2ff,:e of the Sher, ff of Coquet County Ihe at,ua' cosl ~o the A~ency of ~e De;uty's t~me a~d ere-half hourly ra:e (o~e1~me). ~o (2) ho~r ~.,m~% including a~l ap~hcab~e Agency expenses such as FICA and .o's. er s com~nsahon coverage commensurate ~::h the cc~e~t Cay p~an The est r:-ated mm~mum total, based on now available information, ~s $_ 21.3o ~:~.~'!.i'..__6.0_br subiect to final accounting The est~maled maximum total, lsa~..ed c.~ now available ~nfo~at~an, is S , subject to ~nat accour,t~ng If the ~ntract requires vehicle patrol, the Agency shall be ~a,d ) .... per patrol mile, per vehicle The b,~'.~r~ce remaining, if any, shall be invoiced {o the Contractor upon a f:r,a', t,r~e and mileage accounting being completed by the Shenff's O~ce. and sh31! be paid by the Contractor within five (5) days of receipt of the involoe FINANCIAL ARRANGEMENTS: Full Payment in Advance 50% Deposit Required i~'~".~_- No Deposit Required/Total Due Upon Bii',ing The Conlrac~or hereby agrees fo indemnify the Sheriff against any and ali cla,mr. ~gainsl the Sheriff or the Office of the Sheriff of Collier County. ar ~:nL: o.at of the use of the cerhfied law enforcement Deput,es. from v,~a:e var sourc~ or cause, excepbng only the neghgence of the ShenM or h,s De!r:uties The ¢,~'~es a~ree Ihaf the serwces provided for here,n are not a 9.,..:~'ar~'ee of the baa!th ar, d safety of the patrons attendir, g the above- ,..:~;: · . -ed event, but rt is the prov~s~on of regular la~, ¢=~forcemenl services ,:.,.~mr~,3n:y supplied by the Office of the Shenfl to the c~t~zens of Col~;er C: .,":~' according to pohcies eslabl;shed by the Shenfl F.)'~:es agree that in the event of an off-site emergency requmng the e!se.,',.'h,e:e of the law enforcement Deputies prey,dad he:ein. ~hal may be required to remove the Depu',es to meet af~y such eme¢c~er~c¥, wr, hout penalty therefore, and such removal shall not be breach of th~s Agreement L aw ~",forcement Depul;es provided according to the terms hereof shall be I:~,.d accord,rig to the regular payroll procedures of the Off, ce of the .c:r~er~. and no funds shall be transferred from the Conlraclor tc ar~y law e"for,:ement Deputy, bul such funds shall be paid directly lo the O,~ce of 'r~. Sh,?nff of ColI~er County 2 . . 1999 IN WITNESS WHEREOF, the PARTIES herelo exe:.:e this ~nstr~ment om t,"'.e,r beha:f, at the COLLIER COUNTY SHERIFF'S OFFICE DON HUNTER Sherff of Collier County Date Approved as to form and legal suff~c,ency subjed to exeC. uhon bylhe PARTIES CONTRACTOR S~"~d l~ami ~ :. ..... c Date' ~'re~: Address _.., .r'e Number C~ty // State LT. JEFF COX 3 EO ZACCHINI & SONS 1208N Orange Ave Sarasota FL 34235 Telephone 1941 ~ 953-3466 Fax f941 ~ 955-6125 September 10. 1999 ('oilier ('ountv 2800 N Horseshoe Dr Naples. FL 34104 Gentlemen Regarding the Italian American Club of Naples Carnival to be held in November. 1999, our compan.,, will be providing the amusement rides at the event The owners of our company, v~ith social security numbers are as tbllo,~s Teo L Zacchini 267-04-0837 Leslie M Zacchini 265-39-7054 If you need additional intbrmation, please contact me at {941) 953-3466 Thank you Sincerely yours. Leslie M Zacchini &GENO ~ iTEM 5:,2? ^ 1999 ;,[.,[EE CTY OCCUPATIONAL LICEN ID'g~! 643 47~8 COI,LIER COUNTY BUSINESS/OCCUPATIONAL LICENSE APPLI CATION 2,~00 N. Hor~esh~ Drb, e, Naple'q FL ... '~lak~ Cheek Payah~ to: Collier Coun~~' Original ^pplicafion Transfer cf License ~ Occupatio~ Al~ent: Dale Cl~ssLficalion L,cense ,Xrnout~.~~.., ... ~ 4) 6) 7) 8) OPENTNGDATEOFBU$INT~$orDATEASSL'MED- ~-'&~m. I / I ~ ~ g) aus~ss w~ ~~ OFN~.. Yes ~No ~Y~, Ci~ Li~ No. ~ 9a) FEDE~L E~I.O~R ~ENT~ICA~ON NO. OR S~L SEC~ NO. ~0)~ov~vs~ssco~v~' ~~~ ~&e~ a) Reeta~ un;t3 (mote~ot~apta) number o~u~1s' b) S~ting capa~%' (r~./~es,etc.) n~mber of~ats: c) N~mher cf ~in-o~ated mac,es o~ by bus,ess or 12~ STn~ LIC~SE OR ~CA~ ~~ -Nl~t have photo copy of stale license for (12a, b~ e or d) c) ~ro~i~a:s) D~T. OF ~US~S~RO~SSION~ ~0 ~ d) D~. OF A6~C & CON~ Street Ci . Zip ~c*t ro~ O~ a~s~', Ind~d~ ~ropfi~ors~p VP~p ~Co~rafion UNDER PENAL,TI~.S OF PERJURY, I D£CLAR~ THAT 1 HAVE ILEAD THE FORGOING DOCUM£NT /~ND TYL~T TI4'E r,~ CrS STATED IN l-f AR[ TRUE TO ~ R[ST OF MY I~iOWL~DG~.. ~ , LICENSE IS NON-R~FLtN~ABL~ FOR ~USIN~SS ~TA~D A.~OV'E 7 AGENOA iT~J,/. ~ SEi:' ~ ~ ~' !999 ~'~ m~ o 0 r'n LULA: LIMITED USE LICENSE AGREEMENT LIMITED USE LICENSE AGREEMENT BETWEEN COI.I,IER COUNTV, A POI,ITICAL SUBDIVISION THE SIATE OF FLORIDA AND NAPLES 1TAI]AN AMERICAN CLUB, 1NC., A NON-PROFIT FLORIDA CORPORATION, APPROVING TIIE USE OF COUNTY-OWNED LAND FOR PARKING. ]'his Limited Use License Agreement entered inlo this __ day of , 19~9 by and between Collier County, a poltlical subdivi4on of the State of Florida, \\hose mailing address is 33~1 Faqt Tamiami "Irail, Naples, Florida 341l 2, hereinafter referred to as "Count)'". and Naples Italian American Club, Inc,, a non-profit Florida corporation, ',,.'hose mailing address is 7035 Airport Road North. Naples, Florida 34145, hereinafter referred to as "Club". WIIEREA5. the Club rcqneat~ the use of Countymwned land for the purpose of overflow parking for Ibc ('lab's annual Carnival which is to be held on N~,~cmber 1.. 5~ 6. and 7, 1900. WHEREAS, the CountT is ','~ i)]ms h) approxe the use of Counts-or, ned land for such purposes: NO\V. Tttt:,REFOP, tL BASEl) [rl't)N lltF MUTAl. PRI:.MISES, ttt-TRElN. Tile PARTIES AGRI!F .&g l:Ol l OWS: '1 he ('onnt)' hereby al,provc~ the use of ('ountv-owncd property idenlif~ed as thc \scant grassed area to thc east of the Animal Control fariht> located at 7~77 Airpt~rt Road North, Naples. hereinafter referred lo ns 'Tropert>", for pu~ose of parking cars fl,r Ihs Clt~!,'s annual cam)x al 2. ]he Count,:' apprn,.es II,e u'~e of thc Pr,~perty by the ('bib fi~r thc following: ()n N{ ,.'ember 2 and 5. 1999, bel,,~een the hours of 5'(1(1 p T~2 and I I:C~() p m : tm November 6, I099. belwccn and on November 7, 19q9, bcl',xeen ~ ~ 3. The Club shall monh<)r, c~mtrol and as<nme responsibility for all activities, vendors, hcen<':es, and invitees associated with the in~enti,m< ,,f ti5< .,XgreemenL such respon<ibility not being l~mhed 1o lrash col!cetion and clean-up of thc Property. The Comity sh:~H n,~ t,c obligatt, d or required to improve, reps(r, or maintain lhe Properl} (~t an' thereof in anv map. ncr ~ lna!;~cx er. 4 'Ibc ('tub shaU. acq,:'t,: an', >~?.~ a~l pcTmit< rcquitt-d bv (Mllier ('(v,:ntx and an\ olhcr g(~c~mcntal entity to cond,~ct such an c~cnt nnd re!sled act~xities o~ thc Properly. 'lhe Ckd~ shall p~st a Finn ttundred and N(~'lflfl Dollar (540Q 0()) cash bond v. i!h thc Re:9. I't,,t, ert5 Management Department by Oclobcr 1~, 1999, h, insure adc. q:~atc clean-up of thc propertyat thetcrrntn:~t~,m of-ISis Limited [!sc License Agreement. It is under~lo~d anc] agreed that thlq bond is not intended to rep!are Ibc ('lt~b'$ ~,hI/gatinn to clenn up the Propert3 at the comple~ion oF its actixil~e~ under lhl$ I.~nited Use [ice~<c Agreement Thc Re:d ['r<~perl5 Management Department shatlrelurn such brmdlo Club if said Pmpe~y is cleaned up in a timcI', and p~ opcr m:m~er as rcqtdrsd hcre~n 5 Prior to ma'.,Tmg aw, chax~_':;, a]terati{m~,, add,titans or impr~xcmcnts to the Properly. the Club xxi!l pr(w~de to present and fulurc laws, ordinance*, rules, regulations, and requirements of the Unilcd Sta~cs of America, State o: Florida, County of Collier, and nnx and all governments1 agencie~ All alterati(ms, improvements, and additions to tht Property shall, at once. xxhcn ready or installed, be deemed as attached to the freehold and to have become the prope~' o Collier Coonty and shall remain fl~:' the benefit of thc County at the end of the le~ set Srth in this Agreement m as goo, order and condition as they were U:qtalled. reasonable xxear and tear excepted: provided, hox~ever, if Cmmty so direct the Club shall promptly remove the ~dditions. improvements, alterations, fixtures and installations which x~ere placed i~ on, or upon the Propert3 by lhe Ch~. and repair any damage caused to thc Properly by such removal 6. I1ae Club shall provide ant! maintain general liability insurance, policy(ice), approved by the ('oilier County Ri: Manager. for not less than Three l[t:ndred Thousand and No"Dollars (5300,000.00) combined single 1/mits during term of this Agreement Snch insu~'-ace policy(ice) shall list Collier Counb' as an additional insured thereon. Eviden of such insurance shall be provided to the Collier County Risk Manager, 33131 East 'ramiami Trail, AdministTati Building, Naples, Florida. 34l 12. fi~r approval prior to October 18, 1999; and shall include a provision requiring ten days prior written notice to Collier ('ountv c o County Risk Manager in the even! of cancellation 7. This Limited Use License Agreement shall be administered on behalf of the ~ Count.-,' Real Properly Management Department. AGENDA SED 2 8 1999 8. The Club agrees Io hold harmless and defend Collier County, the Board of County Commissioners of Collier Count)'· Florida, and their agents and employees, from an)' claims, assertion or catlse of action for an',' loss. injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. Thc Club further agrees to indemnify Collier Count)' and the Board of County Commissioners of Collier County for an) costs, expenses or fees, including attorneys' fees, arising from an.',' claims or ca'~se of aclion for loss. inju~' or damage to persons or property arising from or associated ~ith lhe Club's activities or use of the Property. 9. The Club covcnnms ami .ng~ccs nm tn a~sign this Limited Use l_iccnse Agreement or to permit an,, other persons to occupy same ,,vithout the xx r~tten con~enl of Count)'. I0. ]-he County rcsel',c=, ll,c ~i~!lt to cancel and or reschedu]e any or all of lhe above-described actl,.ldes, scheduled for an)' or ali of the ahm,'e-hslcd &?.. =. upon fifteen (15) da`, s notice Io lhe Club of County's iment to ~cschcdulc and or cancel. II. The County a~d Cb. Ih spccilScally agree that this Agreernenl repre~enls a license for the ('lub's use of lhe Properly and docs not o,nvcy ar9' e<Inle m the Properly or create an)' interest ~x hatsoever. 12. 'llne Club represents a~>d \~arranls to the County that no hazardous mat:riMs will bc discharged to thc air. grounds, sewer, or to a scpl~c svsh,,m on the Property 13. 1he ('lub shall bc rc,q~m,.ihlc fnr pa.vhng all sales taxe~, ifat',plicable, and all olher taxes and charge~, a<sociatcd v, ith or rc~uhing frm~l thc h,G!m~ ,,t '.his c',cm 14. 'lhe sale ofalcoh,fllc bcvc~:~ucs shall be prohibited on the Property during Ihi~ evem. 15 This Agrec'nlc'z~t sh:fl! l,cc,,mc cfl~'cti;'c upon cxccuthm b.,. both the ('o'.mtv and thc ('hlh 16 This ,Agrccmcm r'< t!,,, ..'r ;~c,! :md construed in accordance ,.'. ith thc la,x,< ~fthe Slaw ofl'lorlda IN '¢.'I'I NES~; \Vlll.:P,k~ q . thc parties h:'lcm ha,.e made and exceL]ted this t irnilcd l[sc l.iccn.:c ..\grcumcnt as of thc day and )'ear first abe,. c ,,x :lltcfq AS -I'() 'Ilti! CI UB: \Vilncss (sit/natttre) qnrtnt nar ",V ~U,c < $ (qhzmlture) (print AS qO'l tIF ('OI'N I ATI'E S'I' DWIGHI E. BROCK. Bf),.\P,I) OF ('O[!N'I'Y 'ONI?,,IISSIONERS. COLLIER ('OUNIY, F1ORII)A · Dcput:.' ('lu:k PA:'`,IIiI_A S. MA("KIE. Chairv, oman Approved as to form and legal sufficiency: tfcidi F. A<hton Assistant County Attorney ITF_~ 1999 EXECUTIVE SUMMARY A REPORT TO THE BOARD ON THE HOUSING COLLIER COUNTY GROWTH MANAGEMENT PLAN. ELEMENT OF THE OBJECTIVE: To provide the Board with a comprehensive update on the new Housing Element of the Collier County Growth Management Plan adopted in October of 1997. In particular, the intent of this report in to identify the major Goals and Policy Objectives of the Element, and to analyze the continued appropriateness of these goals and objectives, and measures thereof. Where the Element prescribes specific action on the part of the County, or sets forth minimum levels of service (LOS) standards, this report provides a status update and staff recommendations with respect to. outstanding policies, objectives, or LOS concerns. BACKGROUND: The Housing Element has one goal: GOAL: TO CREATE AN ADEQUATE SANITARY, AND AFFORDABLE HOUSING COLLIER COUNTY. SUPPLY OF DECENT, SAFE, FOR AI,L RESIDENTS OF Progress Report: There are seven objectives in the Housing Element: OBJECTIVE 1: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and future residents of the Count.',', including those households with special needs such as rural and farmworker housing in rural Collier Count)'. Through numerous strategies, the Collier County Housing and Urban Improvement Department provided for 1,005 new affordable housing units last year. Affordable Housing is distributed equitably throughout the County using strategies which include, but are not limited too, Density Bonus Agreements, Impact Fee Relief, Housing Rehabilitation, Down Payment / Closing Cost Assistance, Emergency Home Repair, Land Acquisition / Transfer with New Construction, Demolition With New Construction, and Special Needs HouSing Assistance. In addition, Affordable Housing is located where adequate infrastructure and services are provided. AC-.,EI~3 A ITF_.N~ SEP 2 8 1999 OBJECTIVE 2: By 2000, create a non-profit housing development corporation, formed with a cross section of representatives from business, government, housing advocates, and the communiD' at large, which will assist the City and Count>' in achieving a new 500 units per year goal and strengthen public-private partnership efforts. The County's Housing and Urban Improvement Department achieved this objective through the following programs: Strengthening private sector coordination witln local governments to increase the supply of housing for all segments of the community including reD' Iow, low and moderate income residents and those with special needs including famm'orker housing. Continuing to network with tlne Chamber of Commerce, Economic Development Council, Collier Building Industry Association (CBIA), Naples Area Board of Realtors, Naples Area Apartment Association, Collier County Banking Parmership, and numerous otlner organizations, to compile and disseminatc information relative to housing needs, programs and opportunities. This coordination results in the development of a comprehensive housing delivery system that ensures tine development oftnousing for all residents of Collier County through a partnerslfip with private developers, non-profits, local governments and other interested parties. Providing community organizations with brochures and updates on various housing programs, grant opportunities, technical assistance and other information that promotes affordable housing opportunities for very Iow, low and moderate income residents. Review the existing codes and ordinances and amend as needed to allow for flexible and innovative residential design that encourages mixed use developments and variety of housing designs, styles, and price ranges. The County has reviewed the existing pemnit processing systems ill an effort to reduce the processing time and cost oftnousing, and especially for affordable housing, to identify areas ttmt can be streamlined. 6. Providing ongoing technical support and assistance to private developers and non- profit housing organizations in their efforts to secure State or Federal funding. 7, Increase the utilization of existing impact fee ordinances to facilitate the development of affordable housing through tine provisions of waivers and/or deferrals of impact fees. f ~,C~NID A ITEI~ ,,... ,.. ? o,, 1999 10. Review the County's Density Bonus Ordinance every tv¥'o years to reflect changing community needs and market conditions. It also encourages thc blending of affordable housing density bonus units into market rate developments. Through the adoption of local incentives, public and private sponsors are encouraged to provide adequate housing tbr rural residents and farmworker families. Coordinate with independent water and sewer districts to ensure that tile necessa~ infrastructure and facilities for new housing developments are in place. OBJECTIVE 3: By 2000, increase the number of housing programs and amount of funding available to promote the preservation and protection of existing, stable residential neighborhoods including rehabilitation of existing housing stock, elimination of substandard housing conditions, increasing home ownership opportunities, and other appropriate efforts. The Collier County SHIP Down Payment and Closing Cost Assistance Program, administered by the Housing Department, provides funds to leverage the mn'nber of loans provided by local lending institutions to very-low, lox,', and moderate income. Cun'entlv the program is on track to leverage over 600 loans this year with approximately txxo million dollars of SHIP funds. This will leverage and provide for over $48.000,000 of housing for very-low and lox,,' income households. The number of housing programs available to the public through tile Collier County Housing Department has been increased from 3 to 8 to include: Impact Fee Relief. Density Bonuses, Housing Rehabilitation, Dowp Payment / Closing Cost Assistance. Emergency Home Repair, Land Acquisition / Transfer with New Construction. Demolition With New Construction, Special Needs Housing Assistance, and the Florida Housing Finance Corporation's 1999 First Time Hornebuyer Bond Program. Collier County will apply for Community Development Block Grants (CDGB) when entitlement status is achieved. This will result in an additional annual allocation of approximately 1.77 million dollars of Federal funding available to assist very-low and lox,,.' income households. OBJECTIVE 4: By 2000, the Count)' and City will conduct a comprehensive housing survey to identi~, substandard dwelling units. Through continued enforcement of each jurisdictions housing codes, and the provision of housing programs, the number of substandard units associated with a lack of plumbing and/or kitchen facilities throughout the Count>' shall be reduced by 5% per )'ear through rehabilitation or demolition. The Collier County Code Enforcement Department currently conducts over 24,000 site inspections per year, of which 20,700 are on improved residential properties. The Code Enforcement voluntary compliance rate tbr violations is excellent. This translates into 20,000 potential housing violations corrected per year. The Collier County Housing Department administers the SHIP Residential Rehabilitation Program. Currently over 40 single-family homes are inspected, rehabilitated, and brought up to code each year. Last year nearly $500,000 was used by this program to improve substandard single family units throughout Collier County. OBJECTIVE 5: By 1999, the County and the City will review zoning standards and building code requirements, and amend as necessary to encourage the conservation, maintenance and/or rehabilitation of historically significant structures. All structures that are listed on the National Register of Historic Places, or as contributing structures within the Old Naples National Register District, or structures that are designated as locally significant historical resources are encouraged to maintain their historic value through technical assistance provided by the Collier County Community Development and Environmental Services Division. OBJECTIVE 6: By 1999, review existing Count)' and City land development and building codes to ensure that they are in compliance with State and Federal regulations, and amend as necessary, to provide for group homes and foster care facilities that are licensed and funded by the State of Florida. The Housing and Urban Improvement Department provides non-profit organizations with information on Federal, State and local housing resources that assists them m the provision of special needs housing. As needed the Department provides technical assistance and support as organizations apply for funding assistance. OBJECTIVE 7: Although mobile home parks currently exist within Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, an)' new mobile home parks will be restricted to areas outside of the urban coastal fringe. Current zoning requirements prohibit any new Mobile Home Parks to be built within the Coastal Urban Fringe. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: This report generates no Growth Management hnpact. RECOMMENDATION; That the Board of County Commissioners accept this report on the new Housing Element of the Growth Management Plan of Collier County. PREPARED BY: - ,'7 /'. //. ..",- -"'. ._.."_ ' Date: ' Comiac J. Giblin, Manager Housing and Urban hnprovement REVIEWED BY: ,. ...... ~ ~ Date: - ~reg ~ihali~,Oi{ector Housing and Urban Improvement Department REVIEWED BY: ' ~z Date: 'Rob,~ J. Mulhere, AICP, Director Planning Services Depanmem APPROVED BY' / . .... Date: Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services Division EXECUTIVE SUMMARY REQUEST BY BOB TOWNSEND OF MAYFLOWER CONGREGATIONAL UNITED CHURCH OF CHRIST FOR A WAIVER OF A TEMPORARY USE PERMIT FEE FOR SPECIAL EVENTS SIGNS. OBJECTIVE: For the Board of County Commissioners to make a determination to either waive or not waive permit fees for a temporary use permit application. The Petitioner requests a waiver of the required $75 application fee for two Temporary Use permits for signs for special events. Since there are no criteria for the waiving of fees, the Board of County Commissioners must evaluate each fee waiver application on a case by case basis. CONSIDERATIONS: The County's Land Development Code contains criteria for placement of signs to advertise special events. The required application fee for such a permit is $75, The Mayflower Congregational United Church of Christ is holding a Christmas Fair in November 1999 and other Christmas activities in December 1999, and as a church, requests the fee waiver on the basis of a community benefit. FISCAL IMPACT: The required application fee for such a permit is $75. If the fee waiver is granted, it will be necessary to transfer funds from the General Fund (001) Reserves to the Community Development Fund (113) to defray the review and processing costs of the Temporary Use permit. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Only the Collier County Board of County Commissioners may approve fee waiver applications. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. PREPARED BY: FRED R~EISCHL, SENIOR PLANNER CURRENT PLANNING REVIEWED BY,: RONALD F. NINO, ~,i-c~- CURRENT PLANNING MANAGER DATE ,) DATE ,'ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: vINCENT A. CAUTERO. AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARY/TU PERMIT FEE WAIVER 2 ~1 \'~I"I.()\~,I(R (_'()",(;RI'-~,, \1 I()x, ~,i. I .( .( . l).(), l),( )\ l ! 133 N\I)].i(N.]'I ()Rll)\ 341~)1 July 29. 1900 TO: Community Developmenl & Environmenlal Services DMsion 2800 North Horseshoe Drive Naples. Fl. 34104 ROP, ERT MULHESE. Planning Director Re~ Request tbr waiver of fee for a temporal5' stun at Mayflox~er Congregational United Church of Cheisl. 2000 Count~, Barn Road. Naples. Florida Mailing Address PO Box 1 1133. Naples. Fl. 3410l Request ~-aiver of l'ee lbr the lbllov,,ing temporaD' signs and dates: a November 15-20. IO90 tbr a sandy, ich type sign (3(')' :" × 4'0") to adverlise Christmas Fair b December 17-25. 100() for a banner type sign (2' x 8') Io advertise the special Christmas time activities Mavflov,'er Congregational U('(' is a ne,,,, church start v, ho held their first church sen ices at this ney, location on Februa~' 21. lO00 3 These requests do not exceed the allov~able 28 days per .,,'ear regulation. Pastor Bob Tox~nsend EXECUTIVE SUMMARY STAFF REPORT ON DISPOSAL CAPACITY AT THE NAPLES LANDFILL AND INCINERATOR OPTION FOR COLLIER COUNTY. OBJECTIVE: To provide information on increasing solid waste disposal capacity at the existing Naples Landfill site and report on staffs investigation of incineration options £or Collier County. CONSIDERATION: A landfill workshop was held April 20. 1999 to discuss solid waste management issues in Collier County. At the conclusion of this workshop the Board of County Commissioners (BCC) requested staff to develop information on the different scenarios to achieve additional solid waste disposal capacity at the existing Naples Landfill. The BCC also requested that staff investigate solid waste incineration options, including the possibility of participating m the Lee County Incinerator. Staff w'as requested to present this reformation to the BCC in approximately sixty days ADDITIONAL LANDFILL CAPACITY Collier County's contract landfill operator Waste Management, Inc. has provided the County with several estimates of increased capacity based on increasing the solid waste disposal cell footprint and height within the existing landfill area. All disposal cell modifications would add area to the south of existing cells and would require the use of acreage currently serving as stormwater management areas. It is likely that it would be necessary, to use the surplus land to the north of the landfill as stormwater management area in order to meet our pen'nit requirements. However, it may be possible to develop a stormwater management design that could be incorporated into the design of the public golf course proposed to be constructed on the surplus land area located adjacent and north of the existing landfill site. The increased disposal capacity estimates would require the extension of existing landfill cells an additional 600 to 1000 feet to the south of current cells. The cell height would be increased from 108 to 170 feet. Schematics of the current and modified disposal cell plans are provided as attachments one through four. These disposal cell capacity models add from thirteen to twenty years to the current estimate of sixteen years of remaining life for the facility These estimates are based on an average growth rate of 4%. The most aggressive model (attachment four) provides an additional 20 years capacity and 36 years total landfill life: however, this model would not provide adequate space for yard waste or C/D processing. The model that provides 13 additional years capacity or 29 years of total landfill life uses an area of approximately 30 acres for materials processing. The more aggressive model would require materials processing to be done in the adjacent surplus land located to the north. !999 Increasing the total disposal cell height to 170 feet raises concerns that the top of the cell may be visible from the adjacent 1-75 and C.R951 roadways. In order to determine the impact of the added height, a computer-generated animation has been produced to iljustrate what the built out 170 foot high landfill site would look like from a driver's viewpoint while driving on C.R. 951 and 1-75. This animation was developed using actual still photographs and strict adherence to the scale of all physical objects, such as trees and structures. This animation demonstrates that the 170 foot high cell will not be visible from these roadways. If the current 108 foot height limitation is raised to 170 feet, it appears that a significant capacity increase of approximately 13 to 20 years can be added to the current 16 years of capacity at the 108 foot height. The total life of the landfill would be extended to a minimum of 29 years and up to 36 years if use of the adjacent surplus land for stormwater management and materials processing were allowed. LEE/COLLIER INCINERATION Lee County Facility Background In the late 1980's, because of increasingly stringent environmental regulations and dwindling landfill capacity, Lee County, Florida decided to pursue resource recovery as their primary, means of solid waste disposal. In 1990, a 47 acre site was chosen in eastern Fort Myers for a 1,200 tons per day (tpd) waste-to-energy facility. Ogden Martin Systems, Inc. was selected to design, construct, operate and maintain the facilitv. Malcolm Pirnie, Inc. was selected to assist Lee County with final permitting, construction monitoring, overseeing of facility acceptance testing and operations monitoring services Start-up of the facility was virtually flawless. All equipment operated as designed with ver~' few problems noted. With the passing of acceptance testing and completion of start- up the facility entered into commercial operation effective December 1, 1994. On December 5, 1995, the Lee County Facility received a "Project of the Year" award from Power Engineering and Power Engineering International magazines. This award recognizes excellence in design, construction and operation of power generation systems throughout the world. The Lee County facility is the only Waste-To-Energy facility in the world to win this prestigious award. It was the first time Waste-to-Energy has ever been recognized bv the power generation industry on this level. Since going commercial the facilitv has operated with a combined boiler availability of 03.7% and a Turbine Generator availability of 99.8%. Based on information provided by Lee Countv staff, approximately 1.6 million tons of waste has been processed, I 0, 140,000 Klbs. of steam produced, 1,077,000 KWh of power generated, 918,000 KWh of power sold, 417,000 tons of ash produced and 43~000 tons of ferrous recovered. The facility has a record of 100% compliance with all environmental permits and regulations Attachment five "a" through five "e" includes pictures and documents on the Lee County facility. A schematic is provided as attachment six to iljustrate the location of the Lee County facility in relationship to the Naples and Immokalee landfills. The Lee County plant currently uses two 600 ton per day (tpd) burn units. They are approaching the point of needing to add a third unit and are in the process of determining the appropriate schedule for construction of that unit. Their existing facility was built with space to add the third unit. This new unit will provide for an additional 5 to 8 years capacity increase depending on the growth rate. Their current site is capable of handling a fourth burn unit under current permit and zoning conditions The fourth unit will require facility expansion beyond that needed to add the third unit. Lee County does own additional land adjacent to the current site to meet their long-range expansion needs. Staff Discussion and Identified Incineration Options Preliminary discussions were held between Lee County and Collier County staff to determine the technical feasibility of using the kee County incinerator to burn Collier County's municipal solid waste It was determined that the Lee County facility could, theoretically, handle the addition of the Collier County waste stream due to their ability to expand the plant capacity by adding additional burn units. We have identified two possible options for a Lee County - Collier County cooperative effort. The first would be for Collier County to become a customer and use Lee County's surplus capacity when available. A significant amount of the total tonnage capacity of a new 600-tpd burn unit could be made available to Collier County. The availability would decrease as Lee County's demand increased. This scenario would maximize revenue generation for Lee County. It is believed that the rate as a customer would be the same as other customers pay in Lee County - $78 per ton On top of this base rate, an additional $7 in transportation cost must be added for a total of $85 per ton However. a reduced rate might be offered to Collier County given the increased revenue potential for Lee County this optiOn could provide This scenario would be problematic for Collier County' because an inet:ficientlv sized landfill operation would have to be maintained, plus a transfer operation would have to be developed, and reversion to full landfill operation when Lee County capacity is no longer available. This would also require re-negotiation of our contract with WMI, Inc. because of the reduction in waste delivered to the Naples Landfill, A second possible option would involve Collier County becoming a full equity partner in a regional facility with Lee County. This is viable only if reduced operating and debt service cost can be achieved from the economy of scale obtained by operating a larger facility fed by a larger customer base. Under this option, we believe that Collier County could expect to pay a rate of $85 per ton including the added cost of transportation This option would require that Collier County exercise it's early out option in the current landfill-operating contract with %Wll, lnc in May' 2003. SEP In addition to the Lee County incineration options, we have identified a Collier County incineration option Under this option, Collier County would build its own incinerator facility at the current Naples Landfill location. An incineration facility was planned for Collier County in the mid 1980's. This facility was to be located in the southeast corner of the current Naples Landfill site. The cost of a Collier Counw facility is estimated to be in the range of 125 to 140 million dollars for the initial capital cost. This would require a tipping fee in the range of $65-$85 per ton to cover the capital and operating cost for the facility Attachment seven is a schematic that shows the possible location of a Collier County incinerator that would provide an adequate buffer and processing area The cell area indicated on the schematic as an ashfill would provide approximately 100 years of ash disposal capacity. FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: Staff request Board of County Commissioners direction regarding further action with respect to the following options: 1. Provide staff direction to pursue the modification of the Naples Landfill operating permit to include the additional future cell area and increased cell height of 170 feet. 2 Provide staff direction to pursue a Lee County incineration option and staff will arrange negotiations to develop the chosen incineration option with Lee County 3. Provide staff direction to develop additional information on a Collier County incineration option. SUBMITTED BY: Date: David W. Russell, Director, Solid' Waste Management Department atorEd llsc~her, ~SuDlic Wo s d '. ' Date. jSEP2 1999 ~ u ~ O rd ~ o ~0 ~ Z Om I-=1 Z z z SEP ~,~ 1999 cOO 0 ~0 0 r-, z z '.1 ATTACHMENT #5a SEP ,~8' t999 S£R ~ ~ 1999 ATTACHMENT~ =5c --"%, SEP~ PG. J · ,999 LEE COUNTY SOLID WASTE RESOURCE RECOVERY FACILITY The Lee County Solid Waste Resource Recovery Facility is owned by me County and operated by Ogden Martin Systems of Lee, Inc. (OMSL). It converts asproximately 1,200 tons per day of municipal solid waste from Lee and Hendry Counties into energy. Constru~cn began in October 1992 and was completed in ATTACHMENT #5d December 1994. Waste, a renewable resource, is recycled into energy. As are most waste-to-energy faciIities, the Lee facility is self-sufficient and operates on a small portion of the power it generates. The remaining electricity is sold to Florida Power and Ught Company to power area homes and businesses. FkORIDA RECYCLING XV_-X S T E INTO ENERGY The facili~s mass bum combus- tion system incorporates the technolo~--'y~, of German-based Martin Gm~,H. Waste is corn- busted at temperatures exceed- ing 1,800 Cc~_rees Fahrenheit and is reduced to an inert ash residue that is approximately 10% of its odginal volume. The ash residue is disposed in a lined landfill in Hendry County. Combustion gases pass through modem pollution controi equipment. The facility houses dry flue gas scrubbers, fabric fil- ter baghouses and mercury and nitrogen ox;ce abatement sys- tems. Facliff/emissions are con- tinucus]y monitored and strict!"? regulated 2,7 state and fecera~ agencies. .-UN INTEGIL~TED ~'~TE. l Lee Coumy officials recognize that no single method of waste dispo, sal wiil handle all the waste generated oy area residents. Therefore, a completely integrat- ed waste management system must be employed. Acting as the cornerstone cf that system, OMSL provides Lee and Hendr7 CourtW resicents with an envi- ronmenta? sound method of waste disposal and a reliable, cost efficient source of energy well into the 21st centur7. Also included in the plan is a comprehensive curbside recy- cling program, household haz- ardous waste collection, ho~icui- rural waste composting and landfiiling. A ba~e,~/collect:on program he!os remove mercu,"/ frcm the waste stream anc for- rcus meta~£ =_re recovered from ,~ fac:liw ',~.r,',c,~, s~gn¢icant',y The Lee ~un~/Eciid W~s;e ~,esource %~ Icca;eC E: 1~500 Euck~n~%am Rcac ~n F:~ Myers. For more :nfcrm~::c:. :.dose call 941-337- F. kC I LIT'~ S PECIFIC\TION,-/ Rated Refuse Capacity 1,200 tcns per day Unit Design Two 600 ton c. er ca,: waterwail furnaces Guaranteed Throughput 372.3C0 tons per ,/der Guaranteed Waste Delivery 279.225 to 372.300 tons per year Energy Generation at Rated Capacity Up to 39.7 MW; a ~omon sold to Fiorica Power and Light Comzany OGDEN MARTIN OF LEE, INC. 10500 Buckingham Roac S~;tte 40C Fc~, Myers, FL 33905 ATTACHMENT #5e ATTACHMENT #6 0.0 u U COUPITY COUNTY · LANDFILL = .... ;~':: J -[ NORTH ,J,? .... l EX~ ltl GOLDEN NAPLES' ~ ...... ~". ~ ......-.-- " ' ;~ : -_- :, ! { F.-1J,L~LttATCIIEE '~ ~ ' -' i' ~i / STATE .. .~ ~ _-,-~,: .... : ~: P~s~u~ / [fEP~N 1999 Z Z r-'l 0 0 ,.-.-~ :::~ Z r...) 0 Or- 0 Z H z r,,' 0 Z ~ ~-~ r.D Z EXECUTIVE SUMMARY PRESENTATION OF THE CAMP DRESSER & MCKEE INC. SURVEY ON HOST COMMUNITY COMPENSATION MECHANISMS AND THEIR APPLICABILITY TO COLLIER COUNTY LANDFILL OPERATIONS. OBJECTIVE: To provide the Board of County Commissioners with additional information on the host fee concept for their consideration. CONSIDERATION: On May 25, 1999( item 7B), the Board of County Commissioners requested additional information on the concept of host fees for communities near landfills. Staff contracted with the consulting firm of Camp Dresser & McKee Inc. (CDM) to accomplish this task in order to assure a comprehensive picture of the options regarding host community compensation mechanisms, A representative from the Camp Dresser & McKee firm will be present to review the attached community compensation report. The report addresses the four categories of compensation mechanisms and continues on to discuss odor andnoise management. The survey summa~ concludes that the compensation mechanisms have been used in the initial siting and permitting phases of landfill development and that applying such mechanisms to an existing site is not recommended as it may set a precedent for other public facilities in the County. CDM adds that the County should concentrate efforts in remediating odor problems at the landfill. County staff is in agreement with the CDM conclusions. The key issue in the continued operation of the Naples Landfill is the successful implementation of the odor control measures now being taken at the landfill..Once these systems are in place their performance will be monitored to determine their success over a specified period that should include the hot, humid summer months. FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board Of County Commissioners not use the host fee concept as a means to mitigate 'current landfill issues and defer further policy actions until odor control measures now being, implemented have been installed and performance assessed SUBMITTED BY: , (~ Daviff'W. Russell, Director, Solid Waste Management Department Date APPROVED BY~~~~~ Ed Ilschner, Pubhc Works Adm~mstrator ate SEP ~ ~ 1999 Collier County, Florida Host Community Compensation Mechanisms Introduction The siting and operation of public infrastructure projects and private development projects that may have real and/or perceived impacts upon the local community can lead to strong public opposition resulting in delays or cancellation of projects regardless of the need and/or benefits resulting from the project. Such projects may include sanitary landfills and other solid waste facilities as well as prisons, airports, power facilities and private developments including industrial plants and malls. Out of efforts to develop such facilities has come host community compensation mechanisms which attempt to make these facilities attractive or at least acceptable to the local community. The remainder of this report describes various compensation mechanisms and their applicability to the Naples Landfill in Collier County. However, during the following discussion it is important to keep several factors in mind. First, the Naples Landfill is an existing facility. Most host community compensation mechanisms were implemented in the siting of new facilities. Therefore, the application of some mechanisms need to be considered with respect to an existing facility. Secondly, the Naples Landfill is a publicly owned facility serving the local community. Many community compensation mechanisms were developed and have been implemented by the private sector. Some mechanisms are much more easily implemented by the private sector. The private sector treats these "costs" as part of the overall project with costs generally borne equally by all users, whereas from a public policy point of view these "costs" represent the treating or subsidizing of one group by another. Compensation Mechanisms For the purposes of this report, potential host communities compensation mechanism have been- grouped into four categories: · Assurance provisions · Cost reimbursement · Provision of amenities, · Direct compensation A brief description with examples of compensation mechanisms in each of these categories is provided in the following. This is not meant to be an exhaustive list but rather to present various alternatives that have been implemented. Also, the examples are focused on sanitary landfill projects Camp Dresser & McKcc S \COLLIER\TB9901~, DOC SEP. $ 1999 Collier County, Florida Host Community Compensation Mechanisms Assurance Provision This group of mechanisms, while not compensation per se, is widely employed on landfill projects, both public and private sectors. These focus upon reducing the perceived or real impacts ora project to the local community. A mechanism commonly employed is over design. More than half the new landfills sited in Florida and nationally over the past 15 years have involved some elements of design exceeding regulatory requirements. This has been done to provide additional assurance to the local community with respect to specific potential impacts of importance to that community. An extension of this technique has been the acquisition of sufficient land to provide substantial buffering of the property. Where necessary, berms, shrubs and trees, and other screening mechanisms have been constructed. Sarasota and Orange Counties. Florida acquired substantial surrounding property and designated these areas as permanent conservation land in their County land use plans. Some landfill developments have included the establishment of a local task force which meets regularly with the landfill operator to review data, discuss operating issues, and resolve problems. Wake County, North Carolina and several solid waste districts in New Jersey have employed such tasks forces but they are much more common with privately developed facilities where the host community often needs additional assurance. It is interesting to note that most of these tasks forces become inactive after several years. The key of all assurance mechanisms is to provide a high level of confidence to the local communities that the landfill is being operated properly to reduce any potential impacts and to demonstrate a good response to issues affecting the community as they arise. Cost Reimbursement Cost reimbursement is the direct reimbursement of costs to a local community from the development ora new facility. Most commonly it is associated with public service cost reimbursement. The most common example of the mechanism is impact fees. With respect to landfills, the most common reimbursed cost is to offset the wear and tear on local roadways. However, it is rarely utilized. For private projects and some regional public projects it is folded into a host community fee (discussed later). On public projects done locally to serve the local community, roadway improvements are included as part of the project development cost. Maintenance is then usually performed by the local highway department. Occasionally, there may be a transfer of funds from the solid waste department to the highway department for specifically defined maintenance activities. Camp Dresser & McKec $ \COLLIER\TB99018 DOC SEP g~ 1959 Collier County, Florida Host Community Compensation Mechanisms Provisions of Amenities A common host community compensation mechanism is the provision of amenities to the community, particularly the affected area. These are often employed by the public and private sectors. The provision of recreation facilities (parks, athletic fields, education centers, and other public use facilities) is olden used as compensating amenities. There are many examples of this type. Hillsborough County, Florida provided a playground to the local area; Sarasota County, Florida has provide some recreational facilities at their site and the Palm Beach County Solid Waste Authority, Florida provided baseball and soccer fields. There are numerous examples when private companies have provided similar amenities to the host communities. Finally, in Western Europe and Asia (Hong Kong, Japan, Taiwan) the provision of public use facilities is common. Another way of providing amenities to nearby property owners is the provision of infrastructure projects as part of the landfill development. Such projects may include the construction of roadways and extension of utilities to an area well beyond the requirements of the landfill project. Chapel Hill, North Carolina, recently extended water and sewer lines to areas around the landfill. Albuquerque~ New Mexico constructed new roadways and extended utilities to open up adjacent land for development. Several smaller counties in Florida paved roadways leading to the landfill in part to benefit local residents. To further mitigate perceived impacts upon nearby residents many landfills are designed from the beginning to become recreational facilities upon closure. Often these benefits are provided on an initial partial basis as parts of the landfill are closed sequentially. Direct Compensation Direct compensation mechanisms are generally (but not always) payments made to a community (or less commonly individuals). They are usually justified on the basis of: (1) a cost reimbursement to offset direct costs incurred by the host community: (2) as a benefit to offset real or perceived impacts; and (3) as an incentive to a local community to host a facility. Direct compensation mechanisms are most often employed by the private sector who have greater flexibility in negotiating direct compensation contracts. They have also been used by public regional districts or authorities. The most common type is the host community fee This is usually either a flat annual payment or is based upon a fee per ton per each ton of waste received at the facility Direct compensation mechanisms may also include providing free disposal, closing an old landfill and providing some level of collection/recycling service. Many arrangements include several of the above mechanisms. Host community fees are associated with a large number of private landfills. Very often the final agreements are negotiated. A range of values commonly seen are from about $1.00 per ton to $4.00 per ton. Waste Management pays a host fee to Okeechobee County, Florida of about $3.00 per ton plus other considerations. Charles City County, Virginia is one of the prime sites, which A~ I £ Camp Dresser & McKce S,COLLIER\TBggo18DOC SEP Zg 1999 pG. ~ Collier County, Florida Host Community Compensation Mechanisms could potentially receive solid waste from New York City. They currently receive about $1.1 million which could increase up to about $2.3 million. Lee County, Florida provides free disposal to Hendry County in exchange for siting their new landfill in Hendry County. About 1 0 states including Massachusetts, Minnesota, Maine, New Jersey, Tennessee, and Wisconsin require a minimum host community fee. The above direct compensation mechanisms are usually directed towards a host community. There are two mechanisms which can be directed towards individuals near the facility. They are based upon the perception that the impact upon those living near the landfill is reflected in property values. Under one mechanism, the property value would be guaranteed such as if the property were sold for less than if a facility were not nearby, the difference in sale price would be made up by the project developer. The specific detail on how this is done may vary from project to project. Madison and Milwaukee County, Wisconsin have such property value guarantees. There are also reports of private agreements between private landowners and private landfill developers. Under the second mechanism, a special assessment district is established around the site and the property is assessed for tax purposes at a lower rate. The only example of this mechanism being used at a solid waste facility is in Montgomery County, Maryland. A variation of this method is the creation of a special assessment district around the landfill with a differential service fee schedule. One problem in utilizing these mechanisms is documentation that there is an impact upon property values. For a properly sited, designed and operated landfill with reasonable buffer and screening, such decreases are not seen over time. If they occur, they usually occur during the project development stage and recover once the facility is operational. Several solid waste districts in Ohio looked at this issue and determined they could not establish a reasonable basis for differential property valuation. Odor and Noise Issues Odors from landfills are normally associated with warm weather and local atmospheric conditions. Temperature inversions and~winds cause offsight odor movement. However, properly operated landfills do not generate severe unpleasant odors. Odors from landfills may be caused by the following factors: 1. Decay of organic material 2. Possible chemical reactions in the landfill 3. -Excessive landfill gas escaping into the atmosphere 4. Leachate seeps To effectively control landfill odorg, the source of odor needs to be defined, then a plan for remediation can be developed'and implemented. It is inevitable that landfills need odor control system, however, 75% of odor control can be accomplished by good housekeeping practices. Camp Dresser & McKce $ \COLLIEf~\TB99018 DOC SEP 8 1999 PG. Collier County, Florida Host Community Compensation Mechanisms Most of the communities in Florida have been successful controlling odor from landfills by applying adequate cover material and implementing partial closure, with an active gas control system. Bee Ridge Landfill in Sarasota County has residential areas within close proximity to the landfill. The County has been successfully controlling odors by implementing these measures. Municipal solid waste landfills typically do not generate offensive hydrogen sulfide odors. Hydrogen sulfide is more common in construction and demolition (C&D) landfills. However, if wastewater sludge and a source of soluble sulfate found in the landfill environment, high concentrations of hydrogen sulfide may be generated which causes offensive odor and may present health hazard. The use of masking agents is common and least expensive way to control odors from municipal solid waste operations They can be produced in vanilla, cherry, citrus, and bubble gum scents. Masking agents have been proven to be ineffective because they add to the number of "odor units" in the air around the facility, which may ultimately compound the problem. By adding cherry smell to the garbage smell, this would not neutralize the source of the smell but it will increase the number of odor units. The odor can be neutralized by chemical reaction or by thermal destruction (flaring) as in an active gas system. To effectively remediate an odor problem, first the source of the odor needs to be identified and then neutralized. Noise control, in.general, is not a major issue in landfill operation. The following steps can be taken to reduce noise at landfills. 1. Regulating hours of operation to coincide with adjacent land use. 2. Incorporating noise reduction devices in the equipment and performing proper maintenance. 3. Providing buffer zone, planting trees, and/or incorporating sound barriers. Noise from airports, however, is a more completed issue and governed by FAA regulations and requirements. Modeling noise level contours is normally performed using the FAA's Integrated Noise Model (INM). The noise levels are expressed as Day-Night Average Sound Level (DNL). DNL of 60 dB (decibels) is considered to be acceptable for residential areas. If the noise level exceeds the DNL of 60 dB contour~ a plan for remediation should be developed and implemented. The remediation could include the following options, or a combination of: 1. Land use rezoning 2. Land/properties acquisitions 3. Providing physical sound barriers 4. Relocating runway corridors Conclusions and Recommendations The previous discussion presented a number of host community compensation mechanisms that have been employed or discussed in the United States. Almost every instance of the use of such mechanisms was in the initial siting and permitting of new facility. For the most part they have been used to develop support for the landfill and/or provide assurances to the local community. Camp Dresser & McKcc S \COLLIER\TB99018 DOC SEP 1999 PC,. 7 Colfier County, Florida Host Community Compensation Mechanisms The Naples Landfill is an existing site. Its location precedes much of the development that has occurred in the area. It could be assumed that its location has already been factored into surrounding development based upon a properly designed and operated facility. By maintaining a good operation and responding to any issues at the site, potential impacts upon the surrounding area should be minimal. Based upon the research efforts presented above, CDM recommends that Collier County not implement any host community compensation mechanisms. Implementing such mechanisms for the community around Naples Landfill would set a precedent for other public facilities in the County. Furthermore, CDM recommends that the County concentrate its effort in remediating the odor issues at the landfill. Camp Dresser & McKcc S \COLLIER\TB99018 DOC SEP 1999 EXECUTIVE SUMMARY APPROVE PAYMENTS TO WASTE MANAGEMENT INC. FOR OPERATING COST INCREASES AT THE NAPLES LANDFILL. OBJECTIVE: To provide authorization for payments for unusual cost increases incurred at the Naples Landfill by the contract landfill operator Waste Management lnc. (WMI). CONSIDERATION: Additional Fill Material Requirement On December 24, 1998 the Florida Department of Environmental Protection (FDEP) directed that an additional layer of fill material would be required to be placed over phases one and two of cell six at the Naples Landfill. The FDEP requirement was due to continued citizen complaints of odors coming from the landfill. The fill material was used to cover the alternate cover material that was generated from the construction and demolition (C/D) recycling operation at the landfill. FDEP determined that the C/D material, containing wallboard, was contributing to the odor problem. Section 5.4 of the landfill operating agreement allows WMI to petition the County not more frequently than every two years for an adjustment in fees due to unusual or unanticipated increases in its cost of operation. WMI requested reimbursement in the amount of $584,669.93 for fill material delivered from January through June 1999. A payment in the amount of $249,139.98 is recommended by staff based on review of the operating agreement. Funds for payment of this amount are available in reserves. Increased cost of fill material The cost of fill material has risen beyond normal CPI increases due to heavy market demand in Collier County since May 1995 when WM1 began operating the Naples Landfill. Additionally, the opportunity to use less costly C/D generated alternative daily cover has been eliminated. WM1 is requesting reimbursement for the additional cost of fill material for the period July through August 1999. Staff recommends a payment of $44,562.03 for the increased cost of fill material for the period noted. Funds for payment of this amount are available in reserves. WM1 has also requested a fee increase to cover the unusual cost increase for future fill material purchases. Staff recommends payment of $0.88 per ton based on the current WM1 fill material cost of $4.13 per ton. Payment would be based on actual fill purchases reviewed monthly by the County. Payment would be adjusted up or down based on actual SEP 2 fill costs. The estimated annual cost based on $.88 per ton is $171,952.10. Funds for payment of this amount are available in reserves. No general tipping fee increase is recommended to address this additional expense as the current general tipping fee includes a reserve component of $6.18 per ton. Additional yardwaste processin~ expense The FDEP action of December 24, 1998 prohibited use ofyardwaste mulch material for daily cover or erosion control. Daily cover and erosion control were the primary uses for processed yardwaste at the Naples Landfill. Approximately 76,000 tons ofyardwaste was processed in fiscal year 1999. In order to produce a useable mulch material it is now necessary to screen the material to separate the mulch into two fractions; a coarse woody fraction suitable for use as boiler fuel, and a fine mulch material suitable as a soil amendment. The cost of screening is approximately $5.08 per ton. Under section 5.4 of the operating agreement WMI is requesting reimbursement for the processing of 41,963 tons of material during the period January 1, 1999 through August 31, 1999 for a total of $213,172.04. Staff recommends payment of this amount. Funds for payment of this amount are available in reserves. An increase of $5.08 per ton is recommended tobe added to the future yardwaste processing payments to WMI for screening expenses. A yardwaste tip fee increase is included in the FY 1999-2000 Rate Resolution to address the added processing expense. The current yardwaste tipping fee of $1439 per ton is proposed to be increased to $19.94, a 39% increase. The City of Naples tipping fee for yardwaste is $21.50 per ton. The State average tipping fee for yardwaste is $30.16 per ton. Construction/Demolition processing costs C/D recycling activity was impacted by the FDEP action on December 24, 1998, that prohibited further use of C/D derived alternate daily cover material to be used in the landfill lined cell 6. The C/D processing method has been modified, lhe original processing method was essentially a mechanized system that pulverized wallboard and wood fiber along with soil and crushed rock to produce alternate daily cover. Metal and cardboard was separated for sale as scrap. Since the FDEP prohibition a period of experimentation has taken place and a hand sorting process has been developed. Wood materials are separated and directed to the yardwaste processing area. Metals and cardboard are separated to be sold as scrap. Drywall is separated for shipment out of the County. Beginning January 1, 1999 WMI has been paid only the general landfill disposal fee of $16.24 rather than the C/D processing fee of $17.93 while the C/D processing method was revised. WMI has requested payment for the differential of $1.69 per ton for 75,803 tons of C/D received and processed during the January 1 through August 31, 1999 period. Staff recommends payment for the differential of $128,107.80. Funds for payment of this amount are available in reserves. .o._ z :~)~i~,~ SEP 2 8 1999 Future C/D recycling will include the separation and export of drywall to prohibit the material from causing odor problems at the landfill. The addition of this expense is addressed in a proposed tipping fee increase from the current $21.31 per ton to $22.62 per ton, a 6% increase. The State average tipping fee for C/D is $32.06. Payments for the drywall hauling and disposal service would be made to WMI monthly based on a hauling charge of $250.00 per 20 ton load delivered to the WMI Central Landfill in Broward County and $24.00 per ton disposal fee. FISCAL IMPACT: Fill material Jan. through Jun. Fill material Jul. through Aug. Yardwaste screening Jan. through Aug. Construction/Demolition Jan. through Aug. Total $249,139.98 $ 44,562.03 $213,172.04 $128,107.80 $634,981.85 From FY 99-00 Fund 470 Solid Waste reserves. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve payment of the above referenced items and authorize the necessary budget amendments. SUBMITTED BY: // David W. Russell, Director, Solid Waste Department APPROVED Ed Iischner, Public Works Administrator Date: SE? 2 8 19g.q , EXECUTIVE SUMMARY PRESENTATION OF THE TRAFFIC ANALYSIS FOR SANTA BARBARA BOULEVARD CORRIDOR STUDY (Project #60091) (CIE #32) OBJECTIVE: To present the results of the traffic analysis for two different corridor alternatives for the alignment of the future Santa Barbara Boulevard Extension. CONSIDERATIONS: At the February 9, 1999 Board of County Commission (BCC) meeting, Item 8(B)(1), the results of the Santa Barbara Alignment Study, as performed by the consulting firm of Wilson, Miller, Barton and Peek, Inc. were presented. At this meeting, the BCC directed staff to have a traffic study performed for two alternative alignments (Alignment C as a stand alone and Alignment C as a four-lane with Alignment A as a two-lane). Staff contracted with the firm of Tindale-Oliver and Associates to perform the study. The results of the study will be presented and any questions which the BCC may have will be addressed. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 32 is consistent with the Transportation Sub-Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners select the preferred alignment and instruct staff to proceed with the final analysis of the corridor study. r SUBMITTED BY: ,~;;-~"'~ '- -~.<: ~-~,' Robert C. Wiley~'P.E. P.W.E.D. Project Manager III ~VIEWEDBY~ ' ~' ' -" ~ ~Jeff Bibby, P.E. ~ P.W.E.D. Director ~/ ~VIE~D BY: //r "~ / * '~ Edw~d J. K~t,'~./ Transpoaatio~'ces Director ~PROVED B~~ Ed Ilsc~er Public Works Administrator Date: Date: Date: ,.',.JO EXECUTIVE SUMMARY INTERIM REPORT ON RECLAIMED IRRIGATION WATER RESOURCE PLANNING ISSUES AND PEAK SEASON IRRIGATION DEMAND OBJECTIVE: To present findings of an interim report on reclaimed/irrigation water resource planning issues and consider redefining the objectives of the effluent management plan and consider interim recommendations for meeting peak season irrigation demands. CONSIDERATION: The spring of 1999 was dry and hot. At the same time, effluent availability was being reduced due to seasonal decreases in wastewater inflows and construction problems at the South County Water Reclamation Facility. The result was a rationing of reclaimed water which heightened customer concerns about meeting seasonal irrigation water demand. As a result, the Board directed staff to address the peak irrigation water demand issue as soon as possible and re-evaluate the overall plan for effluent disposal. In May of 1999, the Board authorized staff to prepare an overall update to the Effluent Master Plan. To assist is addressing the immediate peak demand questions, the Master Plan Consultant has prepared an interim report called "Collier County Reclaimed Water System Supplemental Supply Technical Memorandum". Since the South County treatment facility problems have been resolved the interim report focuses on the North service area. The purpose of the interim report is to "quantify the North County short term (2000-2005) seasonal supplemental demand for irrigation water and identify and discuss potential sources of supplemental water to meet seasonal water demands. The report is on file in the County Administrators Office & the Wastewater Department Office. Current Effluent Disposal Objective and Policies: The Sanitary Sewer Sub-Element of the Collier County Growth Management Plan provides for an effluent disposal objective that "the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies". The associated policies do not discuss irrigation levels of service or levels of reliability. In its Wastewater Master Plan, Collier County has established reuse of wastewater effluent as the primary means of effluent disposal. Permits with the Florida Department of Environmental Protection (FDEP) list reclaimed water irrigation users and average annual water allotments required to meet permitted plant capacity. These allotments were required by FDEP to demonstrate that the County has adequate effluent disposal capacity. The existing policy framework results in an effluent management approach that meets our permitted reuse disposal requirements but, on a seasonal basis, does not provide or require a fully reliable irrigation water supply. Existing Reclaimed Water Use Agreements: In the North Service Area the County has reclaimed water use agreements with nine (9) users while additional allotments are made to seven (7) users operating under the County Reclaimed Water Ordinance. Both the County and reclaimed water users recognize that emergency situations may prevent delivery and/or acceptance of effluent. In the event of such emergencies both parties have the right to request that delivery be temporarily ceased. Emergencies specified in the agreements include: · a lack of effluent due to loss of flow to the treatment plant or process failure · contamination of effluent making it unusable for irrigation · equipment or material failure in the effluent delivery system · an act of God which makes it not reasonably feasible or impossible to deliver effluent Reclaimed Water Allotments: The County's North area has reclaimed water allotments of 10.64 MGD in 2000 and 11.92 MGD in 2005. The estimated reclaimed water available is shown based on May when the monthly flow is 83% of the average annual daily flow. The Pelican Bay wellfieid supply is shown at its current capability. The table below shows the supplemental water needed to meet the reclaimed water allotments. Supplemental Water Needs Based on Existing Allotments Facility 2000 2005 Reclaimed Water Allotments (MGD) 10.64 11.92 Reclaimed Water Available (MGD) 6.2 7.9 Pelican Bay Wellfield (MGD) 2.8 2.8 Supplemental Water Needed (MGD) 1.64 1.22 Any reliability improvement or expansion of the reclaimed water system to serve additional customers with irrigation quality water is contingent upon developing cost effective storage, such as ASR, or supplemental water supplies. The storage provided by an operational ASR system is considered the best long term approach to reducing the disparity between reclaimed water supply and demand. However, the implementation of a large scale ASR irrigation system may take several years. The use of supplemental irrigation water wellfields can be used to supply additional water to the reclaimed system during ASR development. Surface water is another potential source of supplemental water. Surface water would likely require chlorination and filtration. Supplemental sources would be subject to water restrictions and filtration. Supplemental sources would be subject to water restrictions imposed by the South Florida Water Management District. Conclusion: On an annual basis, there is enough reclaimed water combined with permitted withdrawals to meet irrigation demands. On a seasonal basis, supply does not meet peak demands. If the Board's objective is to manage wastewater effluent disposal and comply with the terms of existing agreements, then no additional investment in supplemental water supply is required. If the Board's objective is to become a more reliable provider of irrigation service then additional investment in supplemental water supplies and storage is required. Service Alternatives: As a basis for discussion and to provide direction for the completion of the Effluent Master Plan Update, staff has developed three alternative approaches to the provision of effluent disposal/irrigation services. Service Alternative A, Effluent Disposal System (Current Policy) · Reclaimed irrigation is the primary effluent disposal system where feasible · Storage will be developed to meet seasonal supply shortfall · Additional customers proportional to increased supply of effluent · No adopted level of service standard · New customer criteria, availability position on waiting list based on water source options bulk service preferred economically Service Alternative B, Effluent Disposal/Reliable Irrigation Provider · Reuse as primary disposal of effluent with reliable irrigation supply · Develop storage to meet long term seasonal supply shortfall · Establish 1" irrigation per week as adopted level of service standard · Reduce rate subsidy to encourage conservation · Develop supplemental water sources to meet existing customer demand · After meeting existing customer demand, add additional customers proportional to increased supply of effluent and consistent with new customer criteria · New customer criteria, position on waiting list based on water source options location has limited alternate supply options maximize existing infrastructure bulk service only, 130 acres or more Service Alternative C, Effluent Disposal/Comprehensive Irrigation Provider · Reuse as primary disposal of effluent with expansion of reliable service Develop storage to meet long term seasonal supply shortfall and future irrigation customers · · Establish 1" irrigation per week as adopted level of service standard · Set rates at level to fully support program and encourage conservation · Make irrigation a requirement for new development · Establish an Impact fee to support growth of service · Develop supplemental water sources to meet existing and future customer demand · After meeting existing customer demand, add additional customers based on demand for service and new customer criteria · New Customer Criteria, required for new construction location within to be defined service area bulk service only, 130 acres or more Supplemental Water Source Options: Three options were identified to supply the supplemental water needed to meet the existing reclaimed water allotments. The supplemental need to meet allotments is 1.64 MGD and 1.22 MGD for the years 2000 and 2005, respectively. Incorporation of any supplemental source would require a modification of the County's reuse permit. Mule Pen Quarry: Groundwater or surface water · Individual Wells: Groundwater · Potable Water: Interim solution Evaluation: A ranking matrix has been developed to compare the supplemental water supply options. Factors considered in comparing the options include cost, water quality, conservation message and long term viability. Supplemental Supply Sources Ranking Matrix Mule Pen Quarry Mule Pen IndividUal Potable water Surface Water Quarry Wells Groundwater Capital Cost 1 1 2 3 Operatin~ Cost 1, 2 3 1 Water Quality 3 I 1 3 ,,.,Implementation Time 2 2 1 3 Conservation Message ,,, 2 2 2 1 Lon~ Term Viability 3 3 3 1 12 11 12 12 TOTAL Excellent/Lowest Cost = 3, Good/Medium Cost = 2, Poor/Highest Cost = I Conclusion: While the numerical results are inconclusive it is staff's view that potable water should be viewed only as an interim solution. This leaves individual wells and Mule Pen Quarry surface water as viable options. Based on lower operating costs and better water quality staff would recommend Mule Pen Quarry surface water. Further investigation of permitting requirements could change that preliminary recommendation. FISCAL IMPACT: The Effluent Master Plan Update will include a thorough financial analysis of effluent/irrigation system alternatives, costs and rates. It is expected to be completed by January. For purposes of considering interim supplemental water sources, the FY 00 Wastewater capital budget includes $2,000,000 to evaluate and develop supplemental irrigation water supplies. The following estimates are based on adding supplemental sources of approximately 3.5 MGD. The Mule Pen Quarry alternatives are estimated to cost between $1.4 and $2 million depending on treatment requirements. The individual well alternative is estimated to cost between $2 and $2.5 million. In the short run the potable water alternative has no marginal capital cost, it will provide a return on existing investment but will consume costly drinking water capacity. GROWTH MANAGEMENT IMPACT: The Collier County Growth Management Plan states that the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies. RECOMMENDATION: 1) That the Board review and accept the Collier County Reclaimed Water System Supplemental Supply Technical Memorandum prepared by the Master Plan consultant. 2) Staff recommends the Board consider the three service alternatives and direct that alternatives B and C be fully explored in the ongoing Effluent Master Plan Update. 3) Staff recommends the Board authorize staff to proceed with the development of supplemental irrigation supply water sources in order to become a more reliable irrigation service for existing customers SUBMITTED ~ ~ ~Date: .' Finn, Director o~ Operations Cseph Cheatham, Wastewater Department Director Ed Ilschner, Public Works Administrator EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS FOR PINE RIDGE ROAD BETWEEN AIRPORT-PULLING ROAD (C.R. 31) AND LOGAN BOULEVARD CIE NO. 41. OBJECTIVE: To adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of fee simple title interest and/or non-exclusive, perpetual road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interest by easement required for the construction and maintenance of transportation improvements and related facilities for Pine Ridge Road between Airport-Pulling Road (C.R. 31) and Logan Boulevard, (hereinafter referred to as "Project"). CONSIDERATION: On October 28, 1997, the Board adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 97-62 for CIE #41. The Board of County Commissioners adopted Resolution No. 99-228 on May 11, 1999 authorizing the acquisition by gift, purchase or condemnation of property interests necessary for the six-laning of Pine Ridge Road. This Resolution is being adopted to include revised legal descriptions. FISCAL IMPACT: The right-of-way acquisition costs are estimated at $3,866,435 and includes all land, improvements, severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation and final judgment expenses for the properties referenced in Exhibit "A" attached to the Resolution, required to complete the six-laning roadway improvements for the Project. Funds will be available in FY00 in Gas taxes. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan, CIE Project No. 41. AG E._N_DA IfEM No, Rl'~_ ~ _ S EP 2 8 1999 Page 2 Executive Summary Pine Ridge Road Condemnation RECOMMENDATION: That the Board: (1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation the road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests required to complete the Pine Ridge Road six~laning improvements between Airport-Pulling Road (C.R. 31) and Logan Boulevard, and (2) Authorize the Chairwoman to execute the attached Resolution. PREPARED BY: ~ ~/~// ~ Jean Jourdan, Senior Specialist Real l/ropert3, Management Department / .,/ ) ; / Micah K. Massaquoi, P.E., Project Manager II Public Works Engineering Department ~VIEWED BY: ~" ' ~-'Jeff Bibby, P.E., Director Public Works Engineering Department APPROVED BY: -~ c ~ Leo E. Ochs, Jr., Ad~n~trator Support Services DATE: DATE: DATE: DATE: .o. ~/. / SEP 2 8 1999 IJI.~S(JI.LI'I'I()N N(). P,F. SOI U'II()N ()F 1 lie B(),\RI) (.)F ('()t~Nl Y ('OMMISSI()~ERS FI_ORII)A. AI:I ItORIZlNG i'IIE AC()UISIII{)~ I}Y GIFI. I'L]RCllASIL ~ AND '1EMI>(.)R.,M~Y DRIVEWAY RILSIORA'IION INI ERFSI'S BY ILASIL~II~NI' AND ()R FI~I~ h SIMPI_E 'll'l I_E I~ I ERI~S'IS WIIR'It ACgUISII IgNS ARE RI~{)LilRI:D FOR 'II1~ SIX-I_ANINg 7 IMPROVEMLNIS FOR PINE RID(HL R()AD (~')~>) BE'I'WEEN AII~I'()RT-Pt H.I,1NG ROAI) (C.R. ~ 31) AND LOGAN I~()U[.IsVARI) ('11~ NO, 9 WIIFREAS. thc B~atd of('oum~ ('~,~r't isshmc~s (lloard). ou Oclobcr 28, t997, adoPIcd ]1} ()l'dillallcc No ~}7-5fi thclcin cslablishiug lhe 1~9~ [Scxcmh ,&nllt]al) Uapital ]nll~roxclllctll [~jclllCIII I I thc (h~mth XJatx,~cmcnl Plan in o~dct h~ establish piiolilics I~u Iht dcsi?, acquisilion ami 13 ['omp~chcusi~c Plan sxa; adopted m (hdmam'c N(,. ( 7-~2: ami 14 WttFRI:.XS. Iht six-hmin~ ~adx~ a> impmx cmcnts 1o Pine Ridpc Road (('.R. $gh)bclk~ cch 15 ..Mtpml-Pullit~ Road I('.R. 31 ) ami I ~,?m Boulcsmd ate cmup, mcnl I(, J~lc)tlCtlt of (IlO ('otlIll?S Uompm chct)s~x c l'hm: ami 17 WtII~RI~AS. allclllalc localkm~, cnx immm~ctmd hich,ls. 1o11~ J() O~'Said tl~tllSJtcHl'dlioI1 IlllpfOx CIIICIIIS: ;llld il h;l~ 13CCll ICt~)llmJclldcd I~s ('OtllltV StaFf Ih;Il il is IlCCCSS;llV 2{) ilIId HI Ibc bcsl jIItCTCS10J ('ojjicl ('t~lllll?, Fj,~TidLI. 1o Ill~ljll(;lill llcxibiljlx ox cl thc ;IC(IIIjSiIjoll ~1' 21 i~iopctt> lights ICeluhcd Iht lhu' COI1MTUCIIOll OI'0~C six-hmmg made, ay improvcmcnls Ih~ l)mc Ridge 22 Road bclxxccn .,%Hl~Orl-Pullm~ Road ami t.ogan Boulc~atd. hctch~aflcr rcFclrcd [o as "Pmjcc1" as 23 idcmilicd on Exhibit "A" allachcd hc~cm ami h~corpo~alcd hc~cin by rcla~cncc: ami 24 WI IEREAS. lhe design and cons1~ ucl;,,' ~1 ,.aid IFanspo~lalion imlWOX cmellls and rclatcd 25 facililics haxc bccn dctcrmhlcd by thc Board I ~ ~c m c~'ssarv ami in Iht hcsl inlcrcsl of('ollicr 21~ alld 27 WI J t~]~ [~,XS. thc tonsil uction of Ibc l~auspo~ talion impm~ cmcms ami related I~cililics 2$ conlen~plalcd by lhe lho.iccl arc ncccssm'y ill oldcl' Io pl'OtCCl the health, salary and ~vcll)ue ofthe ? citizcn~ of( 'oilier ('ottlllx. alld xx ill assist Collier ( ,t"stx in rattling CClIiIHI COIICtlIICllC 3(t oJ-lJlc Gloxx Iii MallagclllClll l'l:m for Uollicr t'oumv SEP 2 8 1999 5 NOW, 'IIIKRI~FORE. BE H RI~S()LVI~I) BY TIIE B()AI~I) OF t, COMMISSIONI~RS ()1: COLIJI~I~ ('t)l :N 1Y. FI_ORII)A. th;u: 7 1. '1 he It-md has cunsidmcd lhc c.x'i~,mmcnlal Ii,elms. sal'u'tv fi~clo~s and fiscal cm~sidcrmions R rclating to thc Ihlal mloplcd Iocati~m ol'd~c Ilan~p~*ltalion imp~ovcmcnts and ~clalcd fi~cilitics. g 2. '1 hc ~{xld tighl-(dLxx;15, sidcs~ alk. shq~c, utility. (hainagc. nminlcnilncc ami Icnlp~,r:~t'y dlivcxx ;ly J(} rcsh~ilthm inlc~cst~ lw c;~cmcnl :md -r Ibc i~'c simple title inlc~csls acqmsili~ms idcnlil~cd {m I~xhibil Ihcilitics fi~l Ibc Proc Ridge R,~d six h.m~7 ~m -,, x~mcms bclxxcct~ .Xiip~tl-l'ullmg Roml and I ~'"--"" hliioll illlpl(~X Ctllcnts ;t[Id Iclal~d l':~£'ititics mc ~lcv,.:ssm'c Ihr :~ public pUTpOSc mM is ill Iht I,esl liltctcst , of ( 'olhcf ( IX 4 Ibc ct~llSllllClloll illld IIILIll/lullillls'C ~d'lhc I1i1115'~i /Hlhlll IlllJ~l'O~ C'IIIClll~ illld icl;dod thciJilics illC l~ c{mq~mhlc x~ilh lhc I(mg ~m~gc plmmmg grafts :md Ot~.jCL'Iixc~ of thc (h~,xxlh Management Phm fi~ 21 5. I1 is iicccssLlix :mtJ in thc l~csl llllclcst td'( '~,llicr ['Otlllh I~l tilL' th~u~d h~ m'qui~c thc 24 hclcbx mllholizcd ami dHctlcd h~ acquire by gill or purchase tl~c pc~pctmd, non-cxcJusix c. 25 right-ol-xx iix. sitlcwaJk, slope, uliJily, d~aimlgC. ItlililllCll:lllCC Lllld IClllpOlilry d~ix cxs'ay ICSlOl'alit~ll 2~, intc~csls t~x c:~scmc~t al~d o~ Ibc sitnplc lille intclcsts oB thc pmpc~lics idcntil]cd in Izxhibil "A". 27 {~. 'I he t'hairman of thc Jl{mtd is hcrcbv aulh~tizcd to cxcclllc Apprais:d Agl'CClllCl/ls xx ilh lilt 28 applaisa] l~lllllS) sclcclcd liom thc Iisi o1' Ihms p~c-qualit~cd t~s thc llvmd ot'Cuunty Commissionc~s. 2{} '1 he [l{~atd l~uthcr di,ccts stitl'J'to usc al~p, aisal, . ,o,I~ or internal compcnsalion cstimalcs as slal't' ~ dclet'millCS is ncccssm~ lo best scrvc lhe nccd~ ( 1' itc )'it}loci ill il IhncJx ~llld cost-cl'l~ctix c _ '1 ~o. ,'?"/) / SEP 2 8 1999 I ? Ibc I:~.~;.,.I. in :l,.'cc. td;.~.'c x,. ilh Ibc I,l~ isi~.~ ol'('h~q~lcr 12~.3~S. ['l~u id~ Statutes, hc~chv J J~OJ~t'il)' X~ JlCIC lilt J~tllCJlLISC ]llJCC ~l' fl~c J~;tlccl (Iht cOtllj~CllS;llJoll dtlc to lJlc j~l~j)cII)' ~x IlCl') is Jcss 4 Ihm~ ()nc Ihmd~cd 1 ho.s~md '.md (l(I IJ~ I~dlats (~JiJi).()u(I.{llll. Ill lieu oldie it~dcpcl~dcnl 5 rcporl, slaFF is hc~cb~ m~lho~izcd lo make p.~ch~., '; oFFc~'s For lhc propc~lics, lhc doll~.' ~m~o~mls oF ~, x~hich shall bc p~cdicalcd o~l "siaFFcompcns:mc ~ .'sdmmcs" based .po, indcpcndcm appraisals T thc data thcrcl?~ml ~blai.cd on simila~ p~pc~tics and upon considcralion ~nd apt~lication ~ app~(~l~ialc ni~ukcl xaluc and cosl dm~ pc~Iincnl lo lhc sub. jccl imtccls ~ S. [ ~po. Ibc ;q~ptox al by lhc ~ '~m~tv .~HOl'llCX'% I)F~cc oF :ill documcnls ncccssar) For lhc sub.jccl Il} p~opc~> aeguisJliOl~. I~c~ll l~OpCll)' ~1;ma~cn~cm l)cp i~m~cnl slalTis hcrcbv dh'coital lo ]4 such olhcT- lc~]l docHiiicllls atld Ol :H'fidnvils as Ibc ('ounl~ .%II~q'llCX'S ()IIiec deems at~proptimc in a.d a.> suhsccluC~l (']l~lJl'lll~lll ('}l~HlXS Olll~ltl. tbr Iht lil'u' ol ~l~c l'~o. lcel, h~ cxceulc :Ills 17 which h~ c bcc~ :q~pt~,vcd I~ Ibc { ~tl~cc ~t linc ('ou~t~ ,,~lh~lllCX xxhiuh m:~x h~cludc ~tccmct~ls. 21 ~} In those ~IIST~IIICCS X~}lClC Title,Ii;lied ~.cll] '~1~ HIS Ill;IV IlO obi;dried x i;~ 1he 'PL]Iclmsc A~IcCIllCIII" 22 or "Eascmcm z~i'CelllClll' mcch~mism, thc [)i~c~ l,' ~ l'lhc t'.hlie XV~,~ks E.?~cc~i~g l)cparlmcnl. 23 his designee, is ch;.~cd x~ itl~ lhc ~'cstxm~ibilil>' tbr compIclion ol'x a~ious capital impr~vcmcm projccls. 24 and is hcrcb)' dclc~alcd lhe m~lho~'iI>' Io al~piox'c Ihc punchiest of land mlcrcsls ~bo~ c lhe slal'l' 25 compcnsmion cslimalc or appraised value and p~)' nOM~lall)' rclalcd c,~sts xvhcn ii is in lhc bcsl inlcrcsl 2~ oftl~c P~vjcck ~ ilhin lhe pro-ram sha~c ot'lhc land ~?~ts acguisilion budget I~r lhe ix. cci bci.g 27 ~cquhcd. o~l> ~ he. Ihe dil't~c~cc bel~ cch Ihc purch.~sc p~icc ~md COml~CnSalio~ cstimalc or 28 xahle is less th;m l'il~cen I hoars;md a.d Ill)'l iii) Dvll~.s (SIS,l~.Lolt) Ol tlic CtlliCiit pu~chasin~ limils Z~ established by Ibc L'ollicr CounI> I'urch~si.g Dcp~u'lmcnI: p~ovidcd. P~.~ccl limdi~ is SEP 2 8 999 I I~l. 'I h~d die sclllcmcnt appmx ~d m~lllorily is d¢l¢~alcd by ll~c Hoard h~ Ihe cxlelll Ih:it ~uch ppm~ds do m~t Collllict ~ith thc I~l~x ~i~mg OI'Sc~'ii~T~ 125.355. l:h~lida ghltlllCg. 4 l'tuclmsc A?ccmcnls ~ hc~c Ibc hind o',~ ttct has 'd?CCt] 10 sCj] (]IC rcqtmcd hum ~i~hts to thc (kmnh' ~ ' ils appraised value or at Ihat mmmnl considered thc "Admhfislratixe Sctllemcnt Amount" as such term 0 is intron:dh used bx thc mlminisl~alhc agencies oF Collier 7 12. Where thc p~opcrl)' osvncr agrees, b)"I'urchase Agreement' or "Easement Agreement", to g cons c~ a i~cccss;~ty [nlcrcsl ~ll Ic~fl pmps'~l)' lo Iht ('out~t)'. alld upon I]lc [llO]lCF CXCCIlliOll by 9 i~ropcll)' ox~ ncr oflhosc c[tgc111cillg ~r I~'c sh~lplc title, and such olhcr lc~fl d~clllllClllg ils lhc ()l'l~cc Ill thc ('mini> AIto~uc)' m% rcquhu. Ibc I~,~:~d bet, v ,mlho~izcs Ibc I:immcc I)cp;ulmct~l to issue ] ] x~ll'l;llllS, p;~3~dflc lo thc pt,~pcrly mn ilcllS) ~[ lc( ~td. ill llmsc amounls ;~s shrill hc spcciI~cd ou 12 closm~ gl~llclllClll ~ll~(] ~ hich shall bc l,:~cd upon Iht upp~isal ~,~ shflt'compcns:Uion cslimmc 13 ~ccotd~mcc wilh this ]~csolulmn :md tl~c' I~tOx ishms ~d'Scctmn 125.355. FIo~id:~ ghtltllCg 14 13. All title h~ pmpc~ I~cs et iutc~csl~ in pt~q~cHi,'s xshich h'a~c bccn ohlaiucd iu lhc maimer 15 described ahoxc shall hc dccmcd "acccplcd" hx thc Ih.~ud td'('ountv ('OmlUiSsiouc~s. :~s Ibc hods of Collier CouulT. I:lo~idm a politic~fl suhdi vision of Iht ghllC of I:lo~ ida. ami as such, slaff 1-/ hc~chx :mtlmrixcd 1o ~cco~d in tl~c Puhlic I~u'cmds ol'('ollic~ Cotmt~. l:lo~ida, said c~scmcnls o~ fcc IS Silllt~]C lille ~tlld Such olhcl JllSlrUlllClllS its lll;Ik lie Ik'quilcd lo lClllOVC thc JiCll of itllv CIICtllllbl'[lllL'C 11OII1 19 lhc aCqLmcd pmpc~lics. 2n ANJ) I1 IS FL3RI ilER RFSOI.VId) Ibm :dl larOl,C~ty shall be pul to public ptul,OSCS. 2t AND I I IS t-LIR IItER RI S()I VED thai lhc ('ounlv staff'is hcrchv auIImrizcd to immcdialch' 22 acqtmc h> ~ifl. imtch~sc or colldCiHll~ltl,~ll in ;iCCOld;mcc with thc p~ox ~si~ms (~f Uh'alatcrs 73.74 and 23 127. Fh,~id:~ ~hduIcs. thc ahos c-tclb~cnccd ~c;fl pmpc~1> mtc~csls m¢~c p:ulicuhul> dcsc~ihcd in 24 Exhibit "A". atluchcd hereto ~md incoq~oratcd hclcm 25 AND H IS FLtI('H IER RI~SOI.VED thal no mobile homes ~u'c ]ocutcd on thc p~opc~ty sought 20 lo hc acquired. 2~ AND I'I IS FLIR'I ItER RESOL~ ED tim t is Resolution supersedes ('oumy Rcsoluti~m No. - ~ ;-~_S. 20 'I his Rcschmon adopted on this _~ day of ................. . lmYg, alic~ motion, second and '~ m;yoril> xolc ~. .? / S EP 2 8 1999 1 7 II 14 I)\VI( ill I and Ic~al ~ut'ficicnc~ ,.t'lctk llcidi F. Ashh,n .,\ssisMlll (. 'Otlllt~, .,\llol Ii,J\ t'()l I II'iR/'()l !N I 'f. Ft.(IRII)A ~. .%/)/ SEP 2 B 1999 PUBLIC \VORKS ENG1NEEP,1NG DEPARTMENT 33f 1 EAST TAMIAMI -FRAIl. NAPI.ES, FI.ORIDA 34112 (941) 774~8192 LEGAl. DESCRIPTION (NOT A S', IR\/I!Y) A pm'cci of IJnd 15. ill~ irt hcclitm 12. 1 ~p.', n.qlil~ 4'1 .%ouih. l,'am~c _. h. ( 'ollh_'r ( '~.mlb . t'lol ida, and being im~l'c palliculal 15 dcsclibcd a~, lhllox'~ s: (',mhmfim3 I~,l } Sqll;H'C I',.,.:1 inolc t~l less. i SEP 2 8 1999 I /' GEONGE R. RICHMOHD I'lJt4lli,W¢,~<t{N EIJt¢IfJEE~Irt~[~LPARIr,ILIJI ~*~}1 l A:>t I/-.I.11¢d.ll ii(AIl IJAt'IEb ~I()RII'~A 34112 PUBLIC WORKS EN,3.NI:ERING DEPARTMENT 3301 EAST TAMIAMI TRAII_ NAPLES, FLORIDA 341 12 O41 } 774-8192 LEGAL DESCRIPTION (NOT A StiR'/I:Y) PROJECT NO.....60111 PARCEL NO.....I02 FOI.IO NO....00256560006 FEE SIMPLE '¥1I-LE I.Ef;AI, DI'}S('RI PTI(iN A portion of land located in tile Norlhx~ esl Quarter of Section 13, Tov, nship 49 South, Rangc 25 E. ast, Collier ('ounl5. Elto'ida, alld being mo~c particularly described as tbllox~ s: BEGIN at tile Northeast ('omcr oflhe plal d/ercof, ('arilhm. as recorded in Plat Book 21, Pages 59 lhrough 61, of ibc Puhlic Records of('ol]icr ('rarely, Elorida, said POINT OF BEGINNING also being on thc SOtll]l right ofx~ ay linc of Pine Ridge Road {('.R. 896}; Ihence ahmg said South right ofx~ay linc S89° 52' 5,/' l: 80.16 lbct lo the East line of Iht Norlhwesl Quarter of lhe Norllm esl Qtlal'lCl' t)f said Section 13; lhence along said Easl line SI}l)° 58' 52" l'. 35.111 I~el 1o a poinl lying I 1~) J¥cl Sotllh, its lllCaSttl'Cd perpendicular lo, Ihe North line of said Scclion 13; lhcllCC along said linc lying I lO l~cl Soulh, NSO° 52' 59'W 8o. 14 fccl lo Iht Easl linc ofalbrcsaid plat of('arillon; lhcnce along said East linc of('arilhm N ~l° O~}' 37" W 35~}1 foci lo thc POINI Ot: BE(iINNING. Conlaining 28/}5 square I~'ct +_.. Suhjcct to Easements, RestriclmnS and P, cscrx alimls of Records. PAR ¢'1'21_ 1t)2 bolf:pag, lgkl.l~45 ' GFORGE R. RICHMOND ........ ~' PROFESSIONAL LAND SURVEYOR-FL. REG #2406 PUBLIC WORKS ENGINEERING DEPARTMENt. COLLIER COUNTY GOVERNMENT COMPt. EX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 C}t<I 'I'CIt OF ~,', ~CJ,'II:3I-ION l I'Jl t I II',ll;,~l,lll [','.rtl ,,' Ifil I t~ ir ! Ii I'.'.i - E X IIIIJl'l- I.F. GAI., DI;i%(:I(II'TI('-)~ (N(..)'I' A %1 II~_X,'I!'i'~ ('( ,~:~ IMI:NCI~qti AT '11 Il! ~4~ ,Uti 1 I1! .&SI ('( II(lql:lt ~ ~F [ lie 1'1 A'l' I I lt~l(bl )F" CAI~II Ill:( Old)El } IN PLAI' tit ~ ~}; 2 I, l',~(d:5 5u ~; I, t ~F 11t~ t'tJllt.lC' ltbt't )ltlJS ()F EASI AI.ONG 'IIIL I:AS 1' l.ll'd~ ~ ¢1: SAIl) I'I.A'I A I)13 I'AN( I! t~l; 35 OI fEEl' '10 EAST, A DISI ANt E I~F gu 14 1:1:t: 1; 'lltt:[.t 1~ bt ltJ 111 t) I)I:GiIEI:S 55 MliqIIII~S 52 SEC( }NI)S EAS 1', A I }Ih'lANCE I ¢1' 15 uti I .:E 1', '1111'.I ~ l: ~ )ltl 11 89 I)EGId~I}S 52 glll~lJ'l'E5 59 bt:Ct}r~l)bWESI,Al)lblAht t' ()1' U~* I'~ t'hI:l It)'lllE bASI t.l~,it! AFI}I(ESAII) 1'1 A'I, 'III[:NCIS l~l Jt(lll I I~1;~ d{td: uu hllfdJ I kS ~7 bE('~JNI)$ Wt~SI, A I)IhlAr4CI: I}I' 15 uu l't:t;l '1( 1'1111: ln¢liq I ~1' lltstd)411114t~, SAIl} I}EbI'I(IUhI~'IItA( 1 C( JN l AINIIq(i u u2~ A( 'IrE t 1,2u2 5(2t IAItI: I,F h 1 }, Nh ~ltt: t ~1( I BASIS OF ltEAItlN(iS lb'lilt: I:A$1 I I:~tL t*l; SAIl} I'I.AI 'II(A( I h~2 OFFICE OF CAPI?'A£ PROJECTS EA%T 'FAMIAMI IF'rd! I',!,:~1~1 ~' ~2,, FI.OIRIDA .34 112 (9:11} ;','4 sl~.)2 SKE1CIt OF DE%CRIPIION P,Et, I). 3) .~u, indicates ~t ion 4~ l~p. /r",dic.tes lo~r~sldr; ~'~ t,.',"~/ indicc~t~s kgu~,L o~ ',',,~y 7> AU dis~xnces ave I~ .......... ~"' / I / THI% I% ()I'It.Y /' %1<[ ICI I '>~ /,i Ih' l: J/' ,/Ih' Pl TBI.IC \VORI,C,q IiNGINIiF. RING DEP/-\RTlXlENT 3'1 /I li..\Nl' I'..\~II.-\NII TI,'..\II, N..XPI.I!S, FI ORII'L-\ 34112 I.I!GAI~ I)I~SCI,~II'TI()N (NOT :\ St IC3~ A PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIl_ NAPI.ES. FI_OR1DA 34112 (941) 774-8192 SKETCII OF DESCRIPTION NOT A SURVEY N 89~33'30"W I ! I I I PARCEL 1G3A N 89'32'47"W PINE RIDGE GENERAL NOTES 1)POC : POIN? OF COMMENCEMENT 3ISEC =SECTION ,~. q. ....~ ~ _ 4) TWP = TOWNSHIP 5) ROE=RANGE 6) R%~J = RIGHT OF WAY ~) NOT VAI ID UH[ ESS SIGNEDpRoFESSiONAiA/JI) S[AILAtJD EMB(-ISSED SEAL OF A NOT T(; SCALE JANLIAt¢¢ 15, 1ugh gHEE'[ '2 OF '2 PUBLIC WORKS ' ~'-i ~-'' ' C I:N. INI:I:MN ~ DEP,'\RTNII{NT 3'~ }1 lbXST'I'AMIAMI TRAIl. N:XI'I.I~, I:I_ORII%X 34112 , .1-S I I= LEGAI~ DESCRIPTION (NOT PP,()JI{('I'N() (~o111 I'.-XRCEI. NO... IO~ ~ I:Ol.l( I lq( ). PEIi. PE'I UAl. I'it-)N-ENt'LI ~SI\'E t<OAI) lllGii I'-i~.i.-WA','. l~,tt U I II ll"i & MAli'll' E3. ZF. MIz,U l' ( ()MMI:,N( I'.,;l~ A I' IIIk S(~I:IIII .\SI ( (IRNI RIH: Iltl ~()l IIIV, I 51 ()l AICItR (iF Sl:i'l l( )); 12. ~ll I?;llS l'A~l..X l)lsIA~.( IH t,Rt.I S 32 MINI ILS 4~ t~)~1~ x IlINI X~l I Ill ~luo~,lll I. lilt t'1 l:l I{; II112 I'tllSl I)l lllld',5,1~,~, 5XlI)III 5~ I:11~1 1) IRM It IC',I Xl~,l;,tiu ]]u.X/ l/l;l~ ]ill} ~1.11 Mil tl 1:11. MtH<I ()1; I I Ss I~UI3LIC WOP, KS ENGINI~I~RING DI~PARTMENT 3301 EAST TAMIAMI TRAIl. NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 89'3330'W 516 &4' I / / PARCEt. 103B RIDGE ,,?~ ROAD PINE GENERAL NOTES 1) P O C = POINT OF COMMENCEMEIJT 2) [' o B = POINT OF BEGIHrIING 5) RGE : R~fiGE 6) R~N' = RIGIt I OF WAY 7) A~ [ DISTANCES ARE IH FEET AHD DECIMA~ S THEREOF EMBOSSED SEAL OF A PROFESSIONAL tAHD StJRVEN OR NOT TO SCAI. E i ' AC~E NOA_ .~TEM ~. "YD I _ SEP 2 8 1999 .9. JANtIARY it 1999 PR103A SIIEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (9dl) 77-'1-8192 34112 PROJECT NO. ~01/I PROJECT PARCEL NO. 70aA 1AX P*RCEL NO~0255360003 SKETCH OF LEGAL DESCRIPTION I I,'(;..'kl, I)1;,"4( 'RiP 'l'h~' XVcs~ ~ixly l:~et ot'th~ No~lh ~l~ l~'~'t oflhc Sotllh I I ~ I~'cl orlhe Soulh Ilalf oi'th¢ Wcsl I lall'ol'thc l(ast I lalf ¢1' thc %cmhx~ c~t Qual I¢1 ol S¢cliOlt 12. Townshil~ 4q So. Ih. ItanS¢ 2~ l!asl, ('oilier ('om,y, I:loi i- I EX'ItJBIT (;[ GI<F,[ Ii. OF- PUBLIC WORKS ENGIN!!F.I,~ING DEPARTMENT 3301 EAS'F TAMIAKll TRAIt, NAPLF~S, FI.ORIDA 34112 (941) 774-8192 LIEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO....60111 PARCEL NO ...... 703B 00255320001 FOLIO NO .............................. temporary driveway restoration easement THE NORTH TEN (10') FEET OF THE SOUTlt 85 FEET OF THE WEST 90 FEET OF THE EAST 866 21 FEET, OF THE SOUTHWEST QLIARTER OF SECTION 12,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COL[ IER COUNTY, FL C)I~,I[3A CONTAINING 900 SQUARE FEET OR 0 P21 ACRES MORE OR [_ESS. PUBLIC WORIC$ F. NGINI]ERING DI~I'ARTMENT 3301 EAST TANIIANII '1 RAIl. N,,\I'I.I!S, FIX)RID..\ 34112 LEGAL DESCRIPTION (NOT I'l~.t)Jht'l' N().oOI I I P/XI~,Clil. NO... FOl.lf'~ NO. l'E,X, llX()R.a, R'[ DRIU[% A', RES'I()P. ATI(51'I EAE}(..ll il. I.F( ;Al. I)l(S('lll I' I h ):, A I',,\l<l'll I)1. I A[',I)I YINlil;~ Sll IIt}N 12. lt~\ {'(A}NI'Y,I.I{)RII).\,ANI)BL. IN~iM~)i~.I }L.\V. II~ I I .\1< IItI:I'.&SI'S( }'l.lil ()1: IIIF N()II. III 351l:t'l ~11. II11 5,1)t III 121~l-hl'l I)i' IIII } '.,.SI Il'si 'lllk hASl IIA1 }.t}l. llllsst)tilllli..X:51 t,l/'.,\b'.ll l< I)i llll >,~1 lll\',i bi tjli.\I,:ItR~)I hAH) t {>NIAINiNti 175t) St~l:.\],:l }lEI Mt)i,ti t)l.:.l I.>,S. I~)t,i l lll:l~ \\ltll ( t)NIAININti 1750SQIb\RI:II}iI NIiiI~.I.(H'~ I } <,:~ fAR( I:l 7~4 GE(PI<GE R IqlCt' " AGIiNOA. ] TE" -- S EP 2 8 1999 .... Eg, gA -.,.:.'. PUBLIC WORKS ENGINEEP, ING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES,.FLORtDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..6011 I PARCEI, NO.. 10q- FOLIO NO... Oo 2 £ E, I 2 C'r-'o7 A POR] 1ON ()F LANI1 I,Y1NG IN SE('II~)N 12. 'lf)WN,qlllI' 4~ SOlll'}l, RANGE 25 EAST, COLL1ER COUI,/I'Y, FLf)RII)A, 1)}!%('RIIIEI) Ag F()I.I.O\VS; 'DIE Nf}R'I'II I0 FFITI OF 'I II1! S{)IJ l |I g5 Fl!El' OF 'I llF FAST llA1 F {Il: Till:, EAS I IIAI .F OF Ttl E .q{ )Ill I1EAS I' QUAR'I ER {)F 111E S( )UTIIW F~S'I ()UAR 1 ER; '10GEI'IIER WI 111, TIlE NORIll 111FEF 1' (}F 'I}IE SOUlll R5 FEF r OF TIlE WEST llA1,F OF TIlE WEST IIAI,F OF THE SOIYIII\VESF QUARTER OF 'IIlF SOt TIIEAS¥ QUAR'IER, Al L IN SAID SE(7I'ION 12, TOWNSII1P 49 SOUI'It, RANGE 25 EAgF. CONI'AINING 4667 SQUARE FEEl MORE (JR I.ESS. Parcel No. 1 (14 bobyag,'lfftd 071 A~,E NO A ITEI~ No. -,h I SEP 2 8 1999 :~EORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT, COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLOR}DA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. PARCEL NO ..................... 105 FOLIO NO .... ~l~'~ ~'~' ~'O~ TITLE S 89;52'20" E 1039 20' PARC[ t_ l~ Uu 5J"2tl" '¢,' PINE RIDGE RC)A[¢ C.R.886 105 1l~39 2,~T P 0 B POC SOUTH LINE SEC 12,1WP 4uS, ti(SE 25E 5W14 SE14 7 LEGAL DESCRIPTION PARCEL 105 COMMENCE AT THE SOUTtlEAST CORHER OF TilE EAST tlALF OF TIlE SOUlttWEST QUARTER OF THE OF THE SOU IPI EAST QUARIER OF SECIIoh112, TOWhl$ttIP 4~ SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; q ttEI',ICE N U0';26'05'' W 75 00 FEET TO THE POINT OF BEGIIIHIHG; THENCE H 8U:52'2U" W ALONG THE hlORTII RIGHT OF WAY LIHE OF PIIIE RIDGE Rt~AI)(C R 8[~iil1()39 25 FEEI'; THENCE N00°17'01'' W 20 00 FEET, ~ HEi1CE ~ 89 bZ'2u" E iU,J9 2u', ltlEfICE S (~()'2u'05' E 20 00 FEET TO THE POIHT OF BEGIHNING CONTAINING 20783 SOU&RE FEET OR 0 477 ACRES MORE OR LESS BASIS OF BEARINGS IS ]ItE NOR]ti RIGiI] OF WAY Lille OF SAID PIHE RIDGE ROAD BEIi',IG N 89~52'20'' W GENERAL NOTES 1]PO.C =POINTOF COMMENCEMEi'~IT 21P.OB =POINTOFBEGIhlNING 3) SEC =SECTION 4)TWP =TOWNSHIP 5) RGE = RANGE 6) R~%~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREG; 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEi ,~'~ NOT I'O SCALE AtJGUS¥2() 10U9 COLLIER COufi11' GOvER'tMEN1 COMPLEX 330~ E~: ~Ag,~;~m ~,~ A~A ITEM '" 1~'1 i l);l.l(' \VOlil(,q I.iN( i lNI{I!I,tlI',,iG DF.I"ARTMENT .'~)~1 I{,,\?;I I,.\,XlI.X, MII I,'.,\11 H,,\I'I I,X, FI (/Itll).\ .t.11 I~ i').l I ) l.l.i(i.,\l~ DESCRIPTI(-~N (NOT A ~[ ~lIVliY} I'I,~(M F_('I' N('}, htH 11 PAk( H. NO... t 0 I111 ?;',H.I'III lib, IIu'}lll I I~1 II11 :',~H lllh-lll Itd IIit hhtl 1111.\511.H .t, ltll.l,(lll 1111 ~ltl Illl.',",l QI \l,'lll:t,I :-,11 IIII~; 12 Itl\\}C',llll' IA~GAI~ I)liSCI,HPTION (N()T A SLil~,\;I!\") PR(HI('I' NO. t: *ll I l,..\r,:'~:.]. ~,.~o... "/ NC,... lid N(:,I,~lll II.N ll(F}l.lt I{d I1t} ht}l~lllq',lll i ~)t 1tll V,I",I lu(*ll:l*t()t Itll S()l Illl:\h,l t)l .\l',J} Rid lttl h()l III}.\NI t)l \hll I,:~d :'-t~ Ill~', 12. I~)\\Nhllll' P\l,'i t I h>l, fiXItl~ IT ~ AG, E NO A ITEM .o. s~b / - SEP 2 B 1999 Pl. TBI~I(' \V(TH,' K,q ENG1N ~ ER lNG DF. PARTMF. NT 3'h~l I{~\>ZF I'..\kll..\Kll FR\II N..\PI liS, FI.~')RII'):\ ~41 I~ I~I!GAL I)IE$(-~I~.II'TI()N (N(YI' :\ SI PI~()JFt'FNO b(illl PAR( '[iI. N() . [ DJ' I'loti,l.t. m,t hcing in,we I~atll,'ulml~, d,~'~,t'lih,..d ,i5 ( iHiIHiitliIt~>' '{~t){} Sqll,tlu I~:cl Ii',U* of ],.'~b b,,l~ pap' lght ~F2') AGENDA SEP 2 8 1999 I'I~]BI~I(~ \\'01~1<~ I!N:, i',~. I,i~RI'N(i DI~.P:\I~.TNII~NT ~,l~l I:..\., I T..',,NII:~MI '1 I~'..\11 ~'C.~PI.I!~, FI.()RIIhA ),.11 12 1.1~(i,,\1. [)I!.":-;(,RII'TI{)N (NC)T A ~t PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 PROJECT NO ...... ./~.'.2.~ .!.!. ! ................... PROJECT PARCEL NO..../...0..~ ............. TAX PARCEL NO....c:~L..?~...i.~.~.~.c'~--.~r_ LEGAL DESCRIPTION (NOT A SURVEY) I,I;;(;A i, DESCRIPTION A parcel of land lying in Section 12, Township 40 South, Range 25 E, Collier County, Florida, and being more parlicularly described as lbllox~ s: Commence al the South Quarter ('orner of said Section 12, also lying on the cenlerline of Pine Ridge Road (C R 806} thence akmg said cenle~linc S 8'r~ 32' 07" E 1485 03 t~et; lhence N 00" 05' 53" W 75 00 t~el Io lhe norlh righl-olLwav line of said Pine Ridge Road; thence along said porlh righl-olLway line S 80~ 32' 07" E 388 O0 l~el to the POINT OF BEGINNING oflhc parcel of land hcrcmalier desclibed, thence N 00~ 36' 52" E 10 13 feet; thence along a line lying Ten (1~)') tk~t north, as measured perpendicular to, said north right-of-way line S 80° 32' 07" E 385 g~>tkct, flience S O0° 17' 55" E 10 00 t~et lo said norlh r~ght-otkway line, lhencc N 80:' 32' 07" W 387 60 feet Io lhe POINT OF BI~GINNIN(i Containing 3867 squme l~et more or less Parcel 100 Sheet I oi'2 bob~pag~,lgld 031 PROFESSIONAL LAND SURVEYOR FL REG ~2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAM,AMI 7RAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 GENERAL NOTES l) P,[3.C, indicates PoM't o¢ Cor,,m~r~cer,~er~t 2) P,O.B, indic(~es Poit~ o¢ Beoi~,',ir,3 3) ~c, indicates Section 4) 'lwp, ]ndicotes l'ownshlF, ~c, sis oF beorlnos is the (.crater-time of E XIIIBI'i' I PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO .......... .,~...~..!.~..! ................ PROJECT PARCEL NO....I..!...O. .............. TAX PARCEL LEGAL DESCRIPTION (NOT A SU_~V~[Y0 FEE ShMFI.E TH'LE COMMENCING AT TIlE SOUq'IIEAST CORNEI~ (.,, '.;I;.;CTtON 12, TOWNSIIIP 49 SO~ll, RANGE 25 EAST COLLIER COUNTY, F'I.ORID,~. ~/dl ~ POINT OF COMMENCEMENT BEING TtIE ('ENTERL1NE INTERSECTION OF I.IVINGSTON ROAD {C R. 8gl~ AND fINE RIDGE ROADICR ~6);TtlEN('ENORTIIOI)EfiI~EES 17MINUTI~S SE('ONDS WEST AI.ONG TIlE EAST I.INE OF SAIl) SE(71'I()N 12. A DISTANCE OF 75 ()0 FEET, TIIENCE NORTII ~ I3EGI/EES 31 MINUTES 15 SECONDS WES'F, A DISTANCE O1: ~1~ 0o FEET TO 'I'IiE POINT OF BEGINNING; TI tEN('E NORTH 1) DEGREES 17 MINtJTES fig SECONDS WI(ST ALONG AI.INE I.YIN(i ~1~ FEET EAST, AS MEASUREI) PEI~PENI}If?tILAIt TO,SAID EAST I.INE (}l.' SE("I'ION 12, A DISTANf'E 124571 FEET; 'I*ltENCE NORTII 89 DITGIIEES t2 MINIJ'I'IiS I g SISCONDS WEST, A I)ISTAN('E OF 187 45 FEET TO TIlE I'f)IN'I' OF ('IJI{VATt}I{t( O1: A Nf}N-TANGENT CURVE. CON('AVE TO TIlE EAST, IlAVING A R &Dills fW sso0 ~ HiE-I, A CENTRAl. ANGI.E OF 2 DEGREES 02 MINUI ES t? SEC()NDS. AND A ('IlflRD OF 2~7 0? FEET [/IzARING SOUTI1 9 DE(iREES 22 MINUTIiS 52 SliCONI)S EAS'[, 'I'ilENCli SOtH It AI.ONG SAID (TURVE, A DISTANCE OF 2n? 09 FEIVF TO'litE I'OINI IIF ('URVATUIIE flF A REVERSE CURVE, CONCAVE TQ TIlE WEST. ItAVING A RAI)IUfi fit.' $~ ~' ~3 I:EET, A CENTRAl. ANGI.E OF f~ DEGREES n? MtNUTI!S 58 SEC()NI)S, AND A CItORD OF ~,oS ~6 FEET BE.AI~ING Sf)t]'l'll 7 I)EGREt!S 2~ MINUTES I I SE('fSNDS EAST, q'IIENCE SOIlTI1 AI.ONG SA1D CUIWE, A DISTANCE OF 6(~R t~6 I-'EET. ~ tlEN('E SOUTH 0 Dt~GREt:S 17 MINU'I'Efi I1~ SECONI)S EAST, A DISTAN('E OF 41~ 8(, FEET, TIIENCE fiOIJTll 4s DEGRI~Efi 0(~ MINtlTES 14 fil~('ONDfi WEST, A DISTANCE OF 21 {16 FI;E'I'. TIIENCE S()Ii'I'}] 8') DE(Hd';t!S 31 MINUTES I~ St{(?t)NIIS EAST, A l)ls I'ANt'h ()F ~g5114 FEET. S()UI'tl 1~ I)EfiRIi[~S 17 MINU'I'ES o3 SE('f)NDS I(ASI' A IHSI'AN(E i)F Io ()o I.'I~1:'1"IO'1 lie NORTIIRIGIIT()I7WAY I.INEOF AFf)R[~SAIDI'INElilI)(ii(ROAI) TIIEN('E SOU'HI 89 DEGRI~ES ~l MINU'I'ES 15 St(('()NI)S EAST AI.f)NG SAIl) Nt)R'I'II RIGtIT (il: WAY 1.INE. A I)ISTAN('E OF 4go 05 I?EET TO '1 lie I~C~IN'F ()t' BlifiINNINI i. SAIl) DES( 'RIBED TI(A( "I C()NTAINING ~ 25q ACRliS(141.6')I) SOIIAI~I( 1:I(1:'11, M()IH~ Olt I.EfiS BASIS t~l: III(ARIN(JS IS 'lllE EAS'I l.INl( Iii. Sh('ll~)N 12 lit:lNG N()RTIi DEGREES 17 MINUTES I1~ SIi('ONDS WEST PAItCtil. I PROFESSIOHAL LAND SURVEYOR-FL. REG ¢ 2406 PI JBt_IC WORKS ENGINEERIfJG DEPARTMENT. COtLIER COUNTY GGVERflMEN'r COMPLEX 3301 EAST TAMI~MI TRAIL HAPLES, FLORIDA 34112 $} tEET 1 OF 2 PUBLIC ~70RI¢S tiAF;.~AL£RIAC D£PART.M£NT .3501 EAST TAMIAMI TP;dI_ NAPLES, FLORIDA 34112 (941) 77,1-8192 si<eTCH OF DESCRIPTION Curve number ! Radiws = 5686,33' Z~ = 06'07'58' Arc = 608,66' Chord = 608,36' ChoRd Bro, S.07'20'11'E. Curve nL~Pl~3er ~ Radius = 5806.33' Zx = 0~°8~'37' Arc = ~07,09' Chocd = 207,fl7' Chord Bro, S.09'BB'DB'E. 10 00'~ S 89'32'! 8".~ ,180 05' ~ 187.45 CURVI NO. 2 CLIRVE %. J'q 0, 1 x PARCEl_ 110% S. 45'06'14"?,'.-~ zl.O6 385.04' 5.89'31 '15"F. 480.05' I'II~E ['lt,~ i .... ,l 1' iR/"W) Ci'~ 8u6., GENERAL NFlTES 1) P.Q.C. indicates Point of Commencement 2) P.D.B. Indicates Point of }:~eoInnlnO 3) Sec, Indlcat. es Section 4) Twp, Indicates Township 5) Rge. Indicates Range 6) R/W Indicates Rlgl~t-oF-woy 7) Att distances are In Feet and decimals thereof [3) Bear'lngs ore based on the East tine of' said Section lB os being N.OO'lT'OB'W, Not valid unless signed and se~,ted with tl~e er.,l,ossed seal or the pr-ofesslon~d tar/el surveyor 'Filli] i'} C:,rlL'r' :. L,I rl[]l ¥[1 L,M.R, . 11-3(l-*¢8 AO, E NOA ITEM S EP 2 8 1999 ,liLt .: J ..... PUBLIC \\"ORKS ENGINEF~RING I)I~PARTMENT ~941 ) 774-8 Iqt[ )Jl:t"l' N( ) I,t )l.IO NO .oo2554t)ou02 LEGAL DESCRIPTION (NOT A SURVISY) P:-tCPESSIONAL L/.ND SURV Pcbl.IC WORKS ENGIIqEERI COLLIER COUH~Y GOVERIH IEN [ COMPLEX L, 301 EAST ] AMIAMI TRAIL IJAP[ PS, [ I (bRII~A 34112 E Pg. I'1 llll I(.' WI..II.~K,'-; ILN',,iINI!I!I~,IN(i l)lil',,\l~'l'l~ll!N'l' IA>il IAx, II \MI 'I E.\II ~,, \1'1 I'?,,1'1 t,,l~ll).,\ 3.111.; ZI',;!!'I't'I I I)l,' I)I'F,( 'RII"I'I()N N( )l' :\ '-.;I ~v,\'l.")' ur l'/'d~,Ch]l 1 I 1 P O B. GENERAL lqO] ES P O B = POllll OF BEGIrJHIIIG SEC : SECIIOri RGE ~ RANGE 6~ P.~,',' = RIL~H T OF ALI [)IS1Aq"ES APE IU FEEl A'JD /'1 llgl 1L) SCAI E ,qEPTEIJBFF? 1,1 1(!~(~ PRlil III AGENO~ ITEM SEP 2 8 1999 ,,o. LEGAL I)ESCRII~TION (NOT A SL!~(VI~Y) I'RiHI:('T'N¢~ 60111 I',\1~( 'El, N~l .. t~! t F( 'q .1¢'~ NC: .. BF. INr;'TIIT rF'<II:IU1NF INII:I]SI:f'II¢~NIH:I'IT<I~I~H)~;I RIL.XTII('R c:~t,)A~;l) I)ISI'.X~'CF OF -~ ,ti FEIT]'; II1FNI'F N¢~ Ill R') I)F¢;RFF~ ~s MINT ~11:~ I2 ~l:( ()NILS NF('(~X'I)N t:XN I Al ()<1; A II'(F I YIn;(; :n FT:F I !:.k< 1. A~ NI1:&~I TRET) I'I:RPI~NI)I('I]I.AR [(). SE('[}<I)S EArl A1¢)~;¢; ~ IINEI Yl?O;¢,nIl:Fl ~I.ASNII:A~I'I~t:I) FEITI:TIIFN('E ~[)llltl R¢} IIF(;I~FT:~ )o MI<ITII q 1~51:[¢)~,jI)~ WI:SI. ~ IH~IAX( I~ ()F FO{lO I:i~E l: I Ill:NC I~ Tq()R Ill 0 I)I:¢;I~FI ~ 15 ~I:<1'11 ~ ;~ S1:¢ '( ~<l~ WI:SI 74F 34 FF[ I I~1 IItEI'I)INI (H'III~(;I';',:I~;.SAII)I~I:~ ~II1I:1) }R,~('I ( ¢~k'IAI'JINI; tlASI~ [)T: Ilt~.,~RIX'¢;S IS SAID WF~I I I<l: (H: ~1 ('11¢~'~ l~ I~1:I~; SOl'ltlr~nl)E(;l~ll~ I~ ~IlNTTII:S 5] ~1:( ()~1):~1:,~<1 fAR('FI ~IIA .l) EXFIInlT I P~OFESSIOHALLAND SURVEY~R-FL, REO ~t240~ DLIBt. IC WORKS ENGINEERING DEPARTMENT. GOLLIE~ COUr~TY GOVERPIMENT COMPLEX 33n~ EAST ]AMIAM~ TRAIL UAPLES, FLO[RIDA 34112 I & GENOA i'r EI~I SEP 2 8 11t99 SI(EICII O: DESCIRIPTIOII S.8(]'39'1g"W. QOI [- 'l',,'ll IGC P,'~F',CFi B11Bm % ': '/' "r"F""V,':~,~, 577..-,7' · lC) Uti' ,15' / 1) P,U.C. InrtlcaLes Poh~t oF ~) P.[].~. Indicates Poh~ oF }~eginnh~9 6) R/~ InHlcn~es ~ctlon 18 ~ bei~g .~. 745.3,1' Jills IS OIlI_Y A St(ETCH ::r: ',l_r_ - SHEET 2 OF 2 l A GE ~K:) A ITEM-- SEP 2 8 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (94~ ~ 774-8,192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............. 60111 PARCEL NO ..................... 112 fil,%ll'~ F 11117 FOLIO LIVIr,IGSI Of J WOODS I_ANE S B9"40 50' E LEGAL DESCRIP'[I~.'¢I ]HE EAS;' 15 FEET Or 1HE r',~ *~HE ~,','r ~T 45 FFET LESS THE SOt)~H 75 FEET Arid LESS ~I{E H'~R f~t 39 TEET 1OGE]IIER WITH IHE tlORTH 10 FEET or ]HE SOLI]H 85 FEET LESS THE WEST 30 FEET OF TP¢,CT 1. GOLDEr~ GATE ESIAIFS tl~llf f~O 35, AS RECORDED IN BI'OK 7. P~GE 85 OF 1HE PUBLIC REC [~RDS Or CCq L. IER COUNTY, FLDRIDA C(~T~I~It~(; ln517 SO~ ~&RE FEET OR 241 ~CDES F.t~RE OR LESS GENERAL NOTES 1) PO.C. = POINT OF COMMENCEMENT 2)POB = POINT OF BEGINNING 3) SEC = SECTIOL~ 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) R~,¥ = RIGHT OF WAY '""'"~,LL DISTANCES ARE ILl FEET AND DECIMALS ]ItE'~EOF DT VALID UNLESS SIGNED AND SEALED WITH JOSSED SEAL OF A PROFESSIONAL LAND SU'RV // GEORGE R RICIIMOND PROFESSIONAL LAND SURVEYOR-FL REG. ¢2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMfAMI ]RAIL NAPLES. FLORIDA 34112 NOT TO SCALE NOVEI.1t ER 2.~, PRl12 StlEET 1 OF 1 ITEM I'UI~LI(' WOI~.KY I'~N(~INI~I:~I~IN£1 DL:IU\IYFMISNT _', ~11 I:ANT 'I'ANIIAMI '1 R,,'~I'. NAl'l,lif;, I:I,(/RII'~A 3,11 IZ t'),l, 7 %1-~ Ir)2 LE©AL DF. SCRIIq'ION (NOT I'1,'(31i:('1' Nf~ 60,111 I I:('q.lr ~ lq('}.. 'IE',,I['['R.\P';' ["P EW'~x, PEST{2R.\I-If?N E.\SF!,.IF~ FF f ( )M\ll!Nr'Ix,'(; A'I '1 tlF St )1 ~ I ] I \VF~ 1 ('{ W,,,~I(R ( q: S[:( I I~ ~N 7, 1/~WNgl lip 4o St )1 ;'1 II. RANt]E 26 EA~ F, ('(1I I IFR ('()I'NIY, I I ()RII),,N SATD P()IN'I I)F ('(~MMFN('EMENI' AlqDTIVINGSIONR~AI)~'R ~II:'IIII:~'t~NORIIInl)T:GRI~IS fil:('()Nl)S T:ARI' AI.t)Nil ] lie WI~ST I_I';F ()F SAIl) gi('llf~X2 7. A I)IS1 221 ~}2 FFF I: 'I I lENFK 5( ~I ' ] Il So l)l:{ ikl IX 37 MINI ~ l ]g ,in ~1.( '( ~NI)~ KA5 I, A I)ISIANr [~ OF a500 l'FI~I'11) 'lllE P(qN l llI: BI:IiINNIN{i; 'IlIFN('F DI~(iRIFg~I MINI'II~ I~gI:~'ONDRI:XgI.A DI~'IANt'E(~I:25~X~FFEI: IIIFN('F N(~R Ill ~1 DFGRI~I~g 2S MINE,IEs 50 SF{'~NI)g FAg l. A DISI'ANCF JIIFN('E Nf)R'I Il 89 ])F{~RFI~ 31 MINI ' [1:¢ lO St~('flNI)g WFS 1. A Dlg'I AN('t~ OF 25.1mFEF'I:lItENCF $(~[~IIIOI)IWiREFS 2R MINUIES50SFCIINI~gWI~Rl',A I)lgl ~N'~'I~ {)F 33o0 I:Ft~I '10 TIIE P(dN I {~F BI:(iINNINti: SAID DI~SCRIBFI~'IRA('I ('~)'~ I AINING n Olq A{'ID~ (g25 %f)I'ARF FFE'I l, MIIRT~ (IR l B,XRI~ ()F BFLNR1N(~S IS 'tile WFSII INE ()I: %XII) ~T:f'llflN 7 IIt(INt~ N~)Rltl or~ DEGREES 28 MTNI~I ES 5fl SI~(;'(~NDS PARCEl. 712 PROFESSIOi',I,",,L LAUD SURVEYOR-FL. REG. # 240r, PUBI tC WORKS ENGINEERING DEPAR]MENT. COLLIER COL!NTY GOVERHMEHT COMPLEX 3'~!11 EAST T:',MIAfJI TRAIL flAPLES. FLORIDA 34112 ~NO~ ITEM ' SEP 2 8 1 q99 7/2 OFFICE OF CA1NTAL PROJECTS 3501 E,,ol IAMIAMI TRAIL NAPLES, FLORIDA 34112 (9,11) 77,1-R192 SKEI'CII OF DESCRIPTION 1) P.[].C. Indlcntes Point oF Commencemen't ~) P.~.~, IndJco~e5 Poin~ or Beginning 3) ~ec. indicates ~ec'Nom 4) Twp. lndic~'tes ]ownshlp ~) ~ge, IndicoLes Ponge 6) R/W Indico~es ~ight-oF-wey 7) All distances ~re In 6e~L nnd decimals ~hereo6 8) Basis o6 t?porlngs Is $~ ~ ~dest line oF sold .Section 7 being N.00'2[~'~9'E, 9) Not valid unless slgm~, ~nd sealed wlLh the embossed seol oF Lhe proCesslc,ml Land surveyor THIS IS ONLY A St(ETCH NiT TB O~-flT-97 PIT,- 71~ SCAL£ ' ' SHEET 2 OF 2 SEP 2 8 1999 LEGAL I)ESCI~IPTI()N (NO'FA SURVI.7~') PROJECT NO....60111 PARCEL NO .... 113A FOLIO NO ............................ q~,,x,'~' I.~ - ~4~(',4~,c'5 FEE 51MI'LE ]fILE L'OM'xlI!NCIN(i A'T' 'I lie 5;r~l !l'l I\\'FS I COIU',II{P, I~F qFC I'ION ?, 'l OWNSItlP 4o FOU'I tl, RAN(;T~ 2r, EARl'. COI.LIER COUN IY, FIJ)RII)A, RAIl) I'()INT ()F ('()MMENCEMENT ALRO I.YING ON TIIECFNIERLINE()FPINERID(;ER()ADI('R 8961, TIIEN('ENf)R'I'HggDEGREES~4 MIN'lrlES 36 SECONDS EAql' Al (lNG SAID ('ENFERIJNE. A DISTANCE OE 3O2 87 I:EET: THENCE NOR'IH o I)E(iREES 25 MINU'TES 24 SECflND5 WESF. A D1STAN('E ()F 75 oO FEET TO T}tENORTHR1GIITOFWAYIANEOFSAIDPINERIDGEROAD ANDTO'DIEPOIN'I OF BEGINNING; TIIENCE NORFll 8~} DEGREES ~4 MINIJ'I'ES ~6 SECONDS EARl', A DISTANCE ~7 ox F[ET TO'FIlE POINT OF CURVATUPE OF A TANGENT CURVE. CONCAVE TO'DIE ~OU FIt. }lAVING A RADIUS OF 58o,1 58 FF~I AND A CENTRAI~ ANGLE OF 2 DEGREES 06 MINUI'ES IOSECONDS.~ttENCEEASTA1, N~iSAII)CllRVE. ADISTANCEOF2]3g2FEET. TItENCE NORTlt I) DEGREES 26 MINUIE¢ 2c · ~(ONI)5 WES I', A I)I[TANCE OF I{~ Ol FEET ] O TIlE POINT OF CURVATURE OF A NON- I'/ N }t NFCURVE. CONCAVE TO T}IE ItAVING A RADIUS OF 5814 58 FEFT, A cl N, RAL ANGI,E OF 2 I)EGREES O5 MINUIE5 56 5E('()NI)~, AND A CIIOIU~OF21tI~(~FEE I/FAI~INGNOI~TI189DE(~REES22 MINUTES26 SE( (!N[)5 WE~F. I'ttEN('t~ WFST Al ()~J(J SAIl) CIIRVIL A l)lS'l ANCF (}F 21~ 02 FEET; ]ItENC'E SOIF111 8o DEGREES ~4 MINUTES t6 SECONDS WES 1'. A DISTANCE OF 3~7 oa FEET. TItENCE SO/rItl () DEGREE5 25 MINUTES 21 SECONDS EA~I. A DIS'lANCE OF I0 ()t~ FEE'F TO ]tie POINT OF BEGINNING, %MI) I)ESCIUBEI~ 'IRA("F ('()N'FAINING O 126 ACRE SQU&RE FFE1 ). MORE OR BASIS OF BEARIN(;5 IS TIlE CEN'FEIU,1NE ()F PINE RID(iE ROAD BEING N 89014'36.. E PAR('I{! I I '~',, PREPARED ;.~F~ O R S F:..R ]. k. ld ~ ~16 i,~ b. .................. PROFESSIONAL LAND SURVEYOR-FL REG #2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 AGEI~OA ITEM SEP 2 8 1999 lq II]I,IC \V(3RICS I:.N(]INI~I!RIN(~ I)I!I~AP, TMliN'I' 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY o QNP-Q GENERAL NOTES il P O C = POIfJT (}F COMMEf,!CFMEf/I 2~ P O B = POINT OF BEGINNINg3 3t SEC = SEC~ION 4~ ~P = TOWNSHIP 5) RGE = RANGE 6) R~~ = RIGHT O~ WAY 7) ALL DISTANCES ARE IU FEET AND DECffAALS l T VALID UHLESS S~GNFD 4UD SEALED WITH SSEO SEAL OF 4 P~O~ESSIOUAL LAND SURVEYOR TO SCALE APRIL 12, 1999 PR113A SHEET 2 OF 2 .o._ 2'/), - SEP 2 8 1999 """2 PUBLIC WORKS I~;NGINEEI~,iNG DI/,I'ARTMENi' E.,\S 1' T.,\MIAM1 TRAIl, NAPI.ES. FI~ORII)A 3.11 12 (9.Il) 77,~ Slt)2 LEGAL DESCRII'TION (NO'I' A SURVEY) PROJECT NO... 60111 PARCEL NO ..... 113B FOLIO N O..., ,',',',',',',',','k~':~ 5 ~ .[ E, ~ .C..~. -~, FEE SIM,r'I.E 'lilLE C£)N1MENCIN(~A'I Ilt[~SOUltlWESI'('()RNEROFSECIION 7. TOWNSlIIP49$O~III. RANGE 26 EAq'I'. COI.LIER COUNTY. FI.{)IHI)A. SAID POINT OF COMMENCEME~ ALSO EYING ON lie CENTERLINE OF PINE RII)GF ROAI) ~r' R 806): TIIENCE NORTH 89 DEGREES MIN[q'E~6SECONDSEASTALONGR~H "I(*~IERI.1NE, AD1STANCEOF~O287FEET: 'DtENCENORTItO(IDEGI~EES. 2qMI~:I;II- 2;SECONDSWEST. AD1STANCEOF750OFEET ]OTHENORTI1RIGHFOFWAYLINEO~: : 4) PINE RIDGE ROAD; 'lllENCE NORTII 89 I)[GR[Fg ~.1 NIlNUTFS 36RE('ONT)R EA%'~ /.D'STAN('EOF3~7i)I FEET TO TIIE POINT OF ('URVA Il!RE OF A TANGENT CIIRVE. C( NCAVE TO THE SO~[lt, ItAVING A RADIUS OF 58u4 a~ FFET AND A (?ENI'RA[. AN(;I.E O;: 2 DEGREES 06 MIN~I~S lfl SECONDS; TltENCE EAR'I' ALONG RAIl) CURVE. A I)IS'IANCE OF 213 O2 FEE'I TO TltE POINI' OF BEGINNING; 1t[~('[ C(!N'TINUING [AS] At ~ING SAIl) C[1RVE, A DISTANCE OF 402 71 gOUIll ~1 DE(;REES 2(/MINUTES 4.1 SE('ONI)S EAS[. A DISI'ANCE OF 38 62 FEET; TI1ENCE NOR] }t o I)[(~R[:ES 26 MINU'I'Eg 26 SECONDS WEST, A DISTAN('E OF 1006 FEET~ TIIEN('E Nf~WI}I R1 I)E(;[~FE~ 2O MINUTES .14 SEC()NI)S WEST. A DIS'FANCE OF 37 55 FEET ~'O TIIE P()IN [' flF ('II[~X'A] I~R[ OF A TANGEN F CURVE. ('()NCAVE 30 'HIE %OU'I'I{. HAVING A [])H % I}{; qsI { qg EFKT ANI) A ('F>~TRAI. A' '( :'.E ()1: ~ I)EGREE~ sR MINUTES 4.1 SEC()NI)S; -ItlKNC} WESI'AEONGgAII)CURVE, AI)IS'I'A~ UE()F4{)~ 78FEE'I.'FItFNCESOUTII I)E(lPFEq 26 MINI FI'ES 26 gECONI)S EA~'I. A I)lhl'ANCE (IF I(~ {~1 FEET ]O TI{E POINT ()F IIE(;INNIN(;; KAII) DESCRIBED TRACT CON I'AINING 1) I,Il ACRE (.1.41] SQUARE FEE]). BASIqO} BEARING~IS'IltECEN'IERLINEOFPINERlI~GER()ADBFINGNRg~,I'36''E //~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 ITEl. SEP 2 8 1999 1'I 11~I ,IC WORK~ I{NG1NI.~EI~,IN(i I-)IZi'AICI'MF. NT 3301 EAST TAMIAMI ]RAIl_ NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY GENERAL NOTES 1) P O C = POIf'lT Or CC'M~'.'HEfJCEMEIJT 2} P O B = POINT OF BEGIh!t,IING 3) SEC = SECTION 4~ ]YVP = TOWNSHIp 51RGE =RANGE 6! RA/V = RIGHT OF WA~' """'"' LL DISTAHCES ARE Iii FEET AIID DECIMALS ]lle REOF 'T VALID UIqLESS SIGHED AIqD SEALED WITH 7FIE mOSSED SE,~-L OF A PROFESSIONAL LAtlD SItRVF'~Oq APRIL 12, 1999 OO PR113B SHEET 2 OF 2 SEP 1999 LEGAL 1)I]SCRilq'ION ( N( )'1' A SI IRV I:A' ) A I' \P~ FI Ill I \':111 Yl"ti 1'; !;I,( '11~" ' "'. ';~,llll'.l'~ qlq' III. Il \};~il! 26 F \~ 1. t '~ Il 1 IFR ( I )! "~ I Y. I I ()P, II IL \Ni~ ' i ';~: \i~ )1~I! I'.,\I~ I I~ '1 '1 \ltl Y I II.~;I 1~t111 Il ,~,X PROFESSIONAL LAND SURVEYOR-FL. REa #2406 PUBLIC WORKS ENGINEERII',,IG DEPAR~'MEH r. COt_LIER COUN 1Y GOVERNMENT COMPLEX 3301 EAST TAMIAMI ~RAIL HAPLES, FLORIDA 34112 SHEET 1 OF 2 A~[ NOA ITEM SEP 2 8 1999 P,O.C. SKET(1 1 OF t)ESCRI1YFION N()T A -'~!R\,'I~Y H W C( ~P, SEC l~, 'i'WP 4e$. RGE 26E N 89'34'36'E PINE RIDGE ROAD (C.R. 896) ~ 644 09' N 0' 19'33"VV 2g 2.97' 320.47' C2 POB 320 45' C1 PARCEL 114 S 8g~34'3G"W 30~' Curve Della Angle P,,adiu ~ Arc 1 3'15'41' 562958 32045 2 3'14'50" 565'1 58 32 ) 47 160 27 160 ER Chord 320 40 32043 S 0"21'15'E 25.04' Chnrd Bemin( N 88"47'33" W S 88~47'59'' E GENERAL NO'I ES P O C = roil'IT OF COMMENCEMEIH SEC - SECTIO*J ~'cp = ~OWUSHIP RGE = PAF~GE Al IGUST 30, 1999 PRl14 SI fEET 2 OF 2 AGE NOA ,~TEM L/ ,/ SEP 2 8 1999 PUBLIC WORKS ENGINEERING DEPARTMENT 33!)1 EAST TAMIAMI-fRAIL NAPLES, FLORIDA 34112 (9,11 ) 774-8192 SI(ETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 60111 PARCEL NO .................... 715 FOLIO NO ..................................... 1345' 1251 PINE RIDG'_: ~C)AD (C.R. 896) '150' R\V\! TRACT 11 PARCEl_ 715 TRACT "R" 165' R\W KENStNG'TON PARK PHASE ONE P.D. 21, PG. 62-67 DESCRIPTION PARCEL 715 TI4EtJORIH 15 FEET OF THE EAST 120 FEET OF I~IE WEST 213 24 FEEl OF TRACT "R" OF 1HE PLAT THEREOF. KENSIHG'TON PARK PIfASE ONE, AS RECORDED Itl PLAT BOOK 21, PAGE.~ 62 67, OF TI{E PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CO JIA IItJG 1ROflSr.2UAREFEE[(DR f}41 ACRE%MORE OR LESS GENERAL NOTES 1)POC = POINT OF COMMENCEMENT 2) P.OB. = POINT OF BEGINNING 31 SEC. = SECTION 4) TWP. = TOWNSHIP 51 RGE. = RANGE 6) R,%~~ = RIGHT OF WAY 7~ ALL DISTANCES ARE IN FEET AND DECIMALS ]lIEF, EOF 8) NOT VALID UNLESS SIGNED AND SEALED WI~H TIlE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR EXIIlnlT -! PROFESSIONAL LAND SURVEYOR-FL. REG ff 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TR~IL NAPLES. FLORIDA 34112 NOT TO SCALE OC1OBER 26, 1998 PR702A SHEET 1 OF 1 SEP 2 8 1999 I:.N(;1NI!I:I,,IN _, I)I!I'/\I,I. TMENT MAI'II!S, FI.CIRII~A 'LI112 I'R(~JI!CT NO..(,ol I 1 lid ll~ Nl~ Oo Z ~'~'C'~-~'~-~ ?~'~ FEE StMFLE II'ILE AS F{',I 1 f'~)~.I\II:N~'I'W~i .\1' 'ItlF NOR'II1WFS 1 SF('IP)N l~..X DISIANCFOF MINI'IFS I~ SFL'~NI~SFASF. A DISIAN¢ F RI(H]I Ol:WXh TINI ~FPINTRIT)GEI~()XT~(CR S~,IANT)'IIIEI'()INl ~1: UONI'.~VF 1¢~ lltF SmU'III. IIAVING A OF 2 Iq:(iRFF% 1o NHNUI FS 5n SF('~/NDR, AND A S(~l~lllRSIq:GRFES45MINt~lFS41 SI:¢'I~NI~gI:ARI: IIIIN('I~FA~I AI~P~(igAll) ('UR\'IL A IHSI AN(-I~ I~F 2~q.~5 I'Fl~l: 'IIIFNVE $(~l'l H ~,l l~I:~iPl~I~q 2n kllNl~l FS a4 SF('()NDS EAR I. A I)ISIAN('E ()F ,1.1 3n FI.I~I:IItIN('E $¢)~~IIt n I IF(~I~I:FS 22 MIR1 ri'ES 5~ SI:('~NI)% FAS I, A DI%'I RADII :S f)I: 5C, ln5~ FI~EI ANDA ('EN'IRAI. SF('OYI)S: ] ItFN( E \VFST Al FFF 1 1 ( ~ '1 Ill T'~ lin ] I IF ITT:( iINNIN¢ ;; K.%ID l~I~' 'RITq:I ~ 'l R.M'I ( < }N F.XININ¢i 026o A~'RF~ll.~2o%OI~XT~I FEI:IT.M~RF N(~RIITSOlq~;RFFS~4MINI'IFS I~,SI('~/NI~IASI PAR~ 11. /'/ GFORGE R RICHMOND PROFESSIOTJAt_ I_AND SURVEYOR-FL. REG. ¢I 2406 PURl_lC WORKS Ei'..IGINEERING DEPARTMEHT. COt LIER COUNTY GOVERr.,IMENT COMPLEX 3,t01 EAST T.t,f,IIAU~I TRAIL NAPLES, FLORIDA 34112 ~1 E/,,$1 lAI.il/:Lil 'IRAIL I~/',I:~LE$, FLOI~,IDA 5,1112 (9,1'1) 77,1-8192 $1<1:~1C;tl OF EEOCRIPIIOIq R~di~s = 5G54.$B' z~ = U2'4?'SD' Arc = 27~.35' Chord = 27~,32' Chord ]~r9 S.t~5'45'4I'E ZA = U2'48'3?' Arc = 275,6B' Chord = 275.66' Chord Br9, /I GENERSL 1) P.O.C, Indica±es Point oF Commencement P_) P.H.~. Indlco'tes Poln~ or 3) Sec, indlcotes Sec~ton ,I) T~p. Indicates Jo~nshlp 5) Rge, Indlcetes 6) R/~ Indite±es Rlght-or-woy 8) Bearings are based on tine t~o,-th tine oF Section lB as being ?) t'lo~ valld unless signed and sealed wlLh (he embossed seat of tine professional Lo~ntl sLirveyor I 89'3,f 3q"ET-x P.O.C. i',lorthwest corner of SecUon 18, 1wp. 4g $., iRge 26 E. Collier Count)', Florida JCHECk;ED SEP 2 8 1999 .... ' 1)1:I/\I,. NII:N I 1'1.11~,1.1(._' \V£)I~.I<N I'.N(.~INI:I.:I,,ING '" "'I .... .~.:nl 1,.,",~-; I' I ,,\",ll,,\kll I VAIl. NAI'I_I!.g, FI.IIRII~,,\ 3,111~ (~).11) ? ~.1-,~1 )_ 1.1{( ~,,\1. 111.:,"4(_'1~11"1'1()N (N(YI' ,,\ ,".;I 1.1",1 ;,\1. I)ICSCI*,I !' ]'ION .,\ I,atccl of hind I.".rjll~ ill ~CCIiOll ]~. I'ownShip 4~) Sc, rah. R,at~gc' 2(i J{asl. Collier Fl,",~ida :md hcin~ mc, tc p:uliculml,, dcscril',cd as ('()",.I',.II!NCI! at the Nmth,.ve~,l ('omar c.f,:;aid ,%ccticm I S. IhcrKrc nm N 89° 3,1' 12,m).Tt, Ii:el; lhcncc S nI~* 22' fi_q" l! I I 1..17 f,..'¢l lc', thc P(ilN'I' ()F I/IXi1NNING ll~c p:tlccl c,f ImM hereilmftcr described, said t',c, inl nl~c, hcing nn fl'~c .goulh Righ't of \Vay l.inc otl'mc Ridge P, cmd ICl>, ,~')t~L fl~cncc S S4~ 2(i' 4.F' l~ 55.711 fccl h'~ a l'.finl curvc: thence idc, r~g a curxc h~ 11~¢ Icfl h;,'. m,, a iadius c,f .qS()4.SR leel, a ccntral anglc ~° 3S' 4q". an;nclcnslhoF2(,8.1}5 fcc 'n.!achmdwhichhe:us S 85<` 40' 1}3" poinl ,c,n a lU',n-hmgcnlial linc; thcncc % i ,~ 2.1' 36" E 35.(1fl fcct Ir-, a point (ma tangcnlial curve: thence ahmg a curve u' II ¢ tiglll having a radius,:-,f 5830..58 Feel, a c'cmlnl:mglcof2° 3m5{}'' anm¢lcmrhc, F271.?h [ccl andachc, rd',,.hichhcarsN 85° 4!1' .l'c' tx.' h', a l',rfint c,n a lan?mi:il linc: Ihcn,.'c N IIw' 22' 5fi" \V 354r~ Foci It', tile P()INI (~1: BI{(1INNING L~X~InlT / ................... '" GEORGE [2 [?ICI IMOND PROFESSIONAL I.AND SURVEYOR-FL. REG. 0 2406 PI IBl_lC WORKS [HGINEER1NG DEPARTMENT. COI.LIERCOUN~Y GOVERHMENTCOMPLEX ti&PLED, FLOrIDA 34112 ,.ITEM B 1999 .3501 EASi TAMIAhll llZAIL NAPLES, FLORIDA 34112 (g,11) 77,l-8192 SI(EICI I ?1 Radius = 5804.58' A~-c = 268.0D' Chord = 2GO.U2' Chond ~r9. 3.85'40'07'E. Curve number ~ Radius = 5839.58' ~ = Anc= a71.76' (;hard = ~71.73' Chor'd Brg II.05'4U'43'W. ~O IE tD _ LL x- p.[3.C, Northwest corner of Section 18, Twp. 49 $., Rge 26 E. Collier County. Florid(:] GENERAL NOTES 1) P,O.C, Indlca±es Point o¢ Commencenent ED P,R,B. Inctlcates Point o¢ Beglnnh'~9 3) Sec. Indicates §action 4) Twp, Indlcct±es Township 5) Rge. indtcotes Range 6) R/Vt Indlca±es Right-oF-way 7) Att distances are In Feet anti decliners ther'eoF 8) Bea~qngs erie based on ±he Nopth tine oF Sec't:lon 18 os being N,Bg'34'36'E. 9) Not: votld unless signed o. nct seoteci ~lth the embossect seat oF the proFesslonot tend sunveyor THIS IS ONLY A $1<ETCII SHEET:_ '~ 0F 2 1999 _~.~lll I!,,\,~ 1 T,,\NIIANII 'I RAIl. NAPIJL~, FI.OI~IDA .'t4112 (q.II) 77 I-,S lq~ IrT l{ qI',lt'! F Ti'IIF ('( '~\1',1F N'( 'INI; ,\ I 11 IF ~( )I' I IIV','FR 1 I( ~RNT:I~ 111 MI;il lr ~'~ ?, Ir ~LV~:SI lip 'llll{%l)Irlfll I',,'F(ll ~F('lI(INV.,X1)ISI,,~N~~ * ' 12'~).?~FFt{'I:IIII:~qCFN(iRIII RI(HII (~F~V&YltNF()FPINER1I)ril{R(),,Xl)I(' '.~)A~IIIENIXI';COI;RNI:R I)I~ I ,~N~ F (~1:)~) o4 Ft{EI~'ItlENCF ~;lIR Ill l/I/F(i~I{I:B ]f~ ~IIN~I tis ~A I~AI~I~'Sr~F~,~r~SRIrFEI-,A~I~AC'ITNIIbkl AN~iIF()F61)Ei1RFF~n,iMIN'UII{fi,llI~E('()NI~S:'IIII:N( [ I:A~1 klt~'~iq,~ll)ClIRVl:. ,~ 1~I~I,~'F()F ~)~.7~ FI'I:T: '1111:N('I{Nr~RItl Nl:t'l)~l~q WFKI,A IHS1AN('FIIF(~ 1) I'FF'I; I1ti. ~( '{ S( ~l~ l ll r) l)l{riRll:S 1L,\R('FI ~ GEORGE R RIOIMOND PROFESSIONAL LAND SURVEYOR-FL. REG. fi 2400 pi IRLIC WORKS Ei',IGINEERIf4G DEPARTMEt~T. COLLIER COUL!TY GOVERI',IMEt,IT COMPLEX 3301 EAST TAMIAMI TRAIL fl/'.PLES. FLORIDA 3,1112 SEP2 F't II~l ,lC \VOl?, I'C'4 I(N( ~.1N. ',1 '.17,1N(~ I)F,r~AI~.rI'NtI.:,N'I~ 3301 EAST TAMIAMI 'rRAr, NAPLES, FLORIDA 34112 fg.' 1' 77,4-8192 SKETCH OF DESCRIPTION NOT A SURVEY GENERAL NO-rES 1) P O C = POINT OF C©MMEt~CEMENf 2) P O Et = POINT OFBEGIf',ININO 3)SEC = SECTION 4)TVVP= TOWNSHIP 5) RGE: RA~'JGE 6) R~¥ = RIGHf Of' IA/AY 7) ALL DIS'[AIqCES ARE IN FEET Af4D DECIMALS lt4FREOF 8~ NOT VALID Lh'~LE9~ SIGNED AIJD SEALED WITH THE EMBOSSED SE,~,L OF A PROFESSIOHAL L~HD SURVEYOR INOT TO SCALE ,/ JANUARY 14, 1999 PR119 SHEET 2 OF 2 ~o. ~/) I .. SEP 2 1 ,.1999 PUBLIC WORKS ENGINEEITING DEPAITTMENI- 3301 EAST TAMIAMI -I RAIl_ NAPLES, FLORIDA 3,11 '12 (9,11) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT PARCEL NO ....... ~-,."~ TAX PARCEL NO. FEE 51MFL. E ~ITLE A PARCI:I. OF I.ANI) LYIH(] IN gl:r'll(K; ~ EAST, COIA. II:.P, COUNTY, I ~..Ol!ll )A AND }H FOLLO\VS, }',','?:SI II1' ,1') 5a )Ill I[, IL.\t','(;F. ; ',lORE P,\P, I ICUI.AIU.Y l)l!5;CRIlll!l) .,\S C,:)M!dI::.ICIN(i AT 'IIIE I;OICItl\Vl!gl < ')P, tlI!P, ~)F gAll) SI~CTION 18; 'I IIENCE NOR1 It ~ l l[~l ;I~I!ES 3.1 MIHUI ES .u; SI!C¢ )1 ~1 )SEAS I' Al.O: 1(; 'II IE NOR I'll I.INF ( SAIl) SEC'lION I g, A I)IS'I AtlCE OF lu12 2~ l:I~l: I'; 'IIIEtICI~ S()U 1ti 0 I)ILGRI~ES 2.1 Mit,JUl FS n.1 SECONI)S EAST, A I)ISI ANCE (}F 119 59 FEEl' '1 ItEGINtiING, SAID ['OINI' Al. SO EYIHG ON 'll lE $()UIII RlCilIT OF WAY LINE ()F PINEIUDGI{ROAI)(CR 8'R;)ANDBf:ING'IIIEIII~(ilNNINGOFANON.TAN(}[!HT CUI[VE, CONCAVE ]O TIlE NOP. II1, llAVIN(; A RAI)IIIS (W 58111 58 DIET, A CEN'I IL,M. ,&NGLI5 ()F ~ DEGRI!I!S 11 M INUIES: s bECONI)S, ANI) A CIIURI) OF 'l III~N('E EAS I' Al.lING SAII) CtqWIL A I)INI AN(I OF 322 71 }:EET; 'l IIENCI; SOU'Ill 0 I)EGI~EES 26 MINUI'ES 17 SECO}:I)S EAS I, A DIS I'ANCE (IF 35 t)~ FEET '1'O 'IIIE POINT OF CURVA'I'UIU~ OF A HON-I'AN(}ENt CI!ItVE, CONCAVE'lO TIIE NOR'III, l lAVING AP~M)IIJSOFSglu 5gFI:EI,A (EN1RAI. AN(ilJ:OF3I~I:{;IU:ES MINU IES Oq SI:C{)NDS, AND A CII: ~1~12 ()F 322 70 FI:El' BEAI{1N(i NOR'I'll 88 I)ISTANCIi ()F 122 74 FEET. 'HIEN¢ 'E N{ )R'I Il 0 DIXiREES 2,1 MINUI lis 3t5 SECOHI)S WES I'. A D1S'I AIqCI: O[: 35 ()t, I:HE I I( )'I tie I'()IN I' C)F IIEGINt/It4( L SAIl) DESCILIBED 'IRAC I CUNI AINI~:G ,~ 259 ACI~E (11,295 S()UARI~ FLI5'I'), MORE LESS BASIS (.)I: llFAIUNGS IS'IIII5 N*)RIIIIJNEf}FS&II) SEC II()N IS BEING NORTII 89 DECiltI~ES 34 MINt} lES ~t, S[:CONIJS liAS I Fl t:L~ I li:N Ct~ Ir1: y (;OVI:I~r~MFN: COhlPl. l~X :l:tl$l {TASI IALUAMI 1NAIL AGENO~ I T Et,'l .... ,,,. I OFFICE OF CAPITAL PROJ]~'CT,9 [7,',37 I,,",I.11,',MI iNAII_ NAPLES. FLORIDA ~3,1112 (fl,l l) ,'?,1-8192 SKETCH OF DESCRII~IlON i F. X II I n I 'lr 1) P[].C. inclicq (eq Poin't of ~) P.~i~. indicotes Point or 3) ~ec. indicq~os 4) Twp. ]~dicotes Township 6) P/~ lmdico~ps ~i~]ht-or-wny 9) Not vnlid L-fleSS Si.cl,~cd end %poled ~ith the m $. 00'26'1T'E. 35.00' Northwest corner of Section lB. ~wp. 49 %. Rge 26 E. Collier County, Floride THIS IS ONI_Y A SKETCH t.qJT SCAL_E - - I 0 SHEET 2 OF 2 LEGAL DL:SCRII'TION (NOT A SLIRVEY) I'I~.OJI!CI'NO 60111 F()I.IO NO OC)_.~_.'~.'71G., e'7,,~',o FEE SIXIF!.E 1HLE ('~)l I IFI~ ('~/1 :NIY, [ I ()R II )A. 111FN( 'F N( ~t~ Ill R'} DF( il~l VS 3,i MINl ll IS 36 SI:('( ~NI )S I:Agl Al MINI'TI:K 17SI:(/)NI)SFASI.AI)IqlAN('IiI~F14~)O;II:ti['Ir)IIIEP()INI tq:BIGINNIN(iAND'IlII~ Pr)INI ()1 ( I'RVAII~I~I:t)I A N~)~:-IAX:cd!NI ('Iq~VF,('~IN('AVE'I() IIIVN()RIII, IIAVIN( f)l:Sgll.1 ~R 1'II I.A( I:NIRAI AN~;I [(~I:{IIq:(iRVI~$ 14 MINI~IFS47 SI('{~NI)S, ANDA (1 q~Vl:, A D1qlANCF ()F 2-lOb Fl:Il; IlIFN('E NI)RTfl gq I)E(i1U~FS 34 MINI~I ES 3fl SI!('()NDS FASI', A I)ISI&N(T ()F 610.05 I:EI~t; ] IlVN(T N(q~lll gO l)~liRl~liS 37 MINllI ES 2,1 SE('()NI)S I~AS1~, A DIS FAN( F ~)F (~ 3q F~)()I:'IIIFN(T g(ll ' I11 ~) 1)[:~;EEF~ 20 MINI I'II(S 30 SV('()NDS EAS I', A DIS IAN(TE OF 510.2R I EF I: '111V,'~('V S( )t ~1'11 gO DF( iIU;I:S ~o NIINI~ ITS 21 SI:('~NDS WFg'I, A I)ISI ANCE (IF 30.00 FIiE I': IIIVN(T N~I~IIt ~I)t~iREI:~?OMIN('IIS3~gl!('~NDSWI:SI,A I)]SI'AN('I(()F26P.27 FI:EI;'IIIVNCE gt)l ~I'11 RO I)I~GI~I:FS 3(~ MINI'IES 21 SF('~)NI~S WES1 A 1)ISIANUI! OF 5.()() FFV'I JIIFNCE NOR'H1 Iq:I;I~T:VS 20 MtNItlI:K 30 SI('~NDS WES I A 1)IS'TAN(T ()F 1(~5 (IO FEEl: ll lEN('I~ N()RT]I 33 NII~IglFS ll) SI:U(I?2I)S WES],A DIS lAN( E(~F74OOFIEF;'lIIEN(I~S()ITIITgOI)I~(lRI(ES34 ~(, 5F( ONI)S WES'I, A DIS FAN('E ()F 52O fili I FF~ 11~ 'IlIF P()lNl' OF CI'RVAI'[~I~I! OF A IANGI!N I' (I'RVF,('I)N('AVE'I~)'IIII~N~II~III. IIAVI~O}A" ~I~q'S~)F 5g3q5gFI:VTANDACI~NI'RAI. ANGIIi()F I)F(}RI~VS 14 MINI~tFS41 SI~C()NI)S; II1VNrI~V. g~ AI.ON(}SAII~(I:RkI:,A DISTAN(TOF24.~15 FEI'I ]IH:N~ I~Nt)RtlI~iI)I:iiRVFg2t, NHNI'IFS 17~?1 '~ ~SWEg'I,AI)ISI,XN('I(()I:3~(I~FFVI 1() IBl: PROFESSION,AL LAND SURVEYOR-FL. REG. fl 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COLIr~TY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TR,AIL iqAPLES, FLORIDA 34112 123 PIJIIlJC WORKS I:.NGINIiFJUNG DI'~PAICI'MI~NI' 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-0192 SKETCH OF DESCRIPTION NOT A SURVEY 1934'64'~1. .OI3 C1 24 96' --POC NORTHWES[ CORNER SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST I'J 89'34'36"E PINE RIDGE ROAD C.R. 896 150' R\W f,189~34'36"E N 89°37'34"E 0.38' C2 0'26'17 O"E 2495' 35.00' 619.95' S 89 34 'q' 3.' PARCEL 123 7 S89 ~30'21''W 5.00' S 89~30'21"W ~- 30 00' Curve Della Angle Radius 1 0'14'4T' 5804 58 2 0°14'41'' 5839 58 GENERAL NOTES 1) P O C = POINT OF COMMENCEMENT 2) P O.B = POINT OF BEG!NIIrNG 3) SEC :SECTION z) TWP = TOWNSHIP 5) RGE = RAHGE 6) R,~',' = RIG!iI OF 7) ALL DISIANCES Ar,'E IN FEET AIJD DECIMALS IHEREOF 8) NOT VALID UNLESS srGtJED At,ID SEALED WITH THE EMBOSSED SEAL Or A PROFESSIONAL LAND SURVE'rOR ~C~L;oT TO SCALE Arc Tangen! Chold 2496 12.48 2496 2495 1248 24.95 Chord Bearing N 89~42'00'' E S 89'41'57" W ritE SHEET 2 OF 2 SEP 2 8 1999 PUBLIC WORKS El' ~©INEERING DEPARTMENT 3301 EAST TAMIAMI 'TR,/" II NAF'LIES, FLORII)A 34112 SKFTCll OF I}L:SCRIFq'ION SURVEY PROJ[-:CI NO ........ 601 1 1 PARCEL NO .......... 124 FOLIO i',10...%~,.~,¢:1 .%t .~. ~.?. f~?.tL~. ?.~, r,189~40'50'' VV 3300' L TI?ACT O0 PARCEl_ 12,1 15' S 8',;" 2 r," E 330 O' 30' PINE RIDGE ROAD '~ : U"II'!: 1:1! i' LEGAL DESCRIr'IIOr' l~'tESOl, lftIFIFli/ I(Iq')FEETOFIP,~C1 60 LESS lttEEASTqlIIRTi I :))FEETltlEREDF. OF'TttE PLAT 1HEREOF, gOl_OEr'l GATE ES1AI ES, UNll' NO 35. AS RECORDED IN PLAT ~OOK 7, PAGE RS, OF ~ttE PUBLIC RECORDS OF COLLIER COUN]Y, FLORIO~ CON'fAIt,IING 4500 SQUARE FEETOR 103 ACRES MORE OR LESS. D~ORGER RICHMOND PROFESS1OfIAL LAND SURVEYOR-FL REG ff 2406 PUBLIC WORKS ENGINEERING DEP~ COLI ~ER OOUN~V GOVERNMENT COMFLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS TIIEPEOF 3301 EAST fAMIAMITRA~L ~ NOT VALID UHLESS SIGNED AND SEALED Wi] H ~tE ,1BOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR h~PLES, rLORtDA 34112 FEBRLI/,R'y' 22. 1999 PR124 SHEEr 1 OF 1 GENERAL NOTES 1)PO.C = POINT OF COMMENCEMENT 2) PO.B =POINT OF BEGINNING 3) SEC = SECTIOLI 4) TWP. = TOWNStIIP 5) RGE. = RANGE 6) RrW = RIGHT OF WAY 1999 .,~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI I'I'?AIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ........ 60111 30' N 89°40'50" W 330.0' PARCEL NO ............ 125 FOLIO NO ...Z]~ .~.~.~,C.?.,'~2..'~:-. ("[- LIJ o o g PARCEL 125 S 89°37'40" E 360 0'--"--'i L PINE RIDGE ROAD LEGAL DESCRIPTION THE SOUTH FIFTEEH (15} FEET OF TRACT 61 AND TIlE SOUTH FIFTEEKI (15') OF TttE EAST THIRTY (30') FEET OF 'tRACT 60, OF TIlE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35,, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 5400 SQUARE FEET OR ,124 ACRES MORE OR LESS, ! F_ X llT~i-5~-I GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.OB = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS 'THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYO~ NA-"LES, FLORIDA 34112 NOT TO SCALE FEBRIJARY 22. 1999 PR125 PROPESSIONAL LAND SURVEYOR FL REG # 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPt. EX SHEET 1 OF 1 Ar..~i[ I~A., ~T~M No. ~.) t _ SEP 2 8 1.,q99 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (94~) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 6Ol11. PROJECT PARCEL NO.126 TAX PARCEL NO,.~.~.~.fTf~.~'¢..'7.':'2 ..... :> CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PGS. 7 & 8 232' BUFFEREASEMENf TRACT 4 TRACT 'D" O~,~o(,. PAPCEL 126 207' PINE PIf,'?,F ROAD C.R. 896 ': ,~' O i':\W DESCRIPTION PARCEL: 126 TI{E S©UIH 1ri FEE~ OF TRACT 4, OF 'ItlE PLAIT' 'F'~,FOF, CR©SSN()ADS f.~AN, I(ET AT ]tie VINEYARDS, AS RECORDED IN PLAI BOOK: h PAGES 7 & 8, OF 'It4E PUBI_IO RECORDS OF COI.LIER C()UNTY, FI ¢~NIDA CONIAII41HG 2210 SOUARE FEET OR 0'051 ACRES MORE OR I ESS }'l.I:_'- SIMPt. I: 111l F_ GENERAL NO1 ES 1)P,OC = POINT OF COMMENCEMENT 2) P.OB. = POINT OF BEGINNING 3) SEC. = SECTION 4~TWP = ?OWNSHIP 5~RGE =RANGE 6/ R;W = RIGI4T OF WAY ,..7..~ ALL DISTANCES ARE IN FEET AND DECIMALS 7'IFr'E'.)F ~OT VALID UNLESS SIGNED AND SEALED W~ll! i : ,BOSSED SEAL OF A PROFESSIONAL LAND SU,%,: O ~, GEORGE R. RICHMO~ID PROFESSIONAl_ LAND SURVEYOR-FL. REG # 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE OCTOEER 27, 1998 PR126 SHEET 1 OF 1 S EP 2 8 1999 ,,., .~t,LICII OF I_)[iSCRII~TIOH I I','lt:!,5 ' x' MT.AI)C)W SIMPLE 11Ii}! \of lracl 7F, . .L lrdf !?/' ,',,' lho %outh. '; .',',~ (15') feet of ]rqct 76 of Public Itec~,~ ; ~1 Collier Count). I-lo, ldo ~asis of [~eorinclS is the Nnrth Riqht of Way line of Pine l~idq- ~n~x] b~inq S.89'37;40"E. THIS IS Ol]I_Y A SI<ETCH I?t~IC$SK)N~& LAHD S~ifRVE'fOR #2406 OFFICE Or CAPMAL PROJ£CIS COI. II[f? C(~LIIJTY Qfl','ERIJMEtlT COMPi. EX 37ol F i,*L'I/',VI TP/.IL llAPL[,S, FLORIDA 34112 ~c'-',~,'-9' l~J;,' SHEET 1 OF 1 SEP 2 8 1999 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAS¥ TAL'llAMI '1F~AII_ NAPLES, FLORIDA 34112 (941 ) 77,1~8192 SI(ETCH OF DESCRIPTION NOI' A SURVEY CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PGS. 7 & 8 232' R(I'~ BUFI:EP, EASEMEI~[ ~f RACT "D" I RAC~[ ,1 .',, PARCEL 128 ,~_ZL Z L _ ' ......... _ 2n7 .... PINE RII)GE ROAD C,R. 8(.}0 150' DESCRIP'IION PARCEL; 128 'file SOUltt 10 FEEl (DF IIIE WESI CROSSROAI_)S MARl(El Al PAGES 7 & 8. OF ]I tE PUBLIC RECORDS OF C(>I ! ~fTr~ Ct)UN fY, ~ t r)RIDA CONTAIf41f4G 850 SMUARE FEE7 EXHIBITjk- GENERAL NOTES It PO C. = POIl'q'f OF COMMEI,ICEMENT 2) P OB. = POIN'f OF BEGtNI41NG 31 SEC.: SEC'f ION 4)TWP ='fOWNSHIP 51RGE: RANGE O) R¢%'V: RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS ]HERZOF """'"~OT VALID UNLESS SIGNED AND SEALED WI?It 1HE )SSED SEAL OF A PROFESSIONAL LANE) SURVEYOR NOT 'fO SCALE OCIOBER ;:7, 1!)73 G£C)RGE tR RICHME.)NL) COL LIE l( COUN 1 t' L;LJ\:ERNMEI'4'I COI',~PLE ~, 3301 EAS! ~'AMIAMI 1RAIL HAPLES. FLORIDA 34112 PR128 SHEET 1 OF 1 SEP 2 8 1999 34112 St<EI'CI-{ OF LEGAL FEE S }.IFLE 'FFILE LI,:{;AI. I)ESCIIlI'TI()N A podicm o£'lran 77 of thc plat fl~e~cof. (;olden (;ate Estates Unit 35 as recorded in Plat Book 7, Page 85. oflhe Public Records of Collier County, ]:h. ida, and l~cing more particularly described as follows: COMhlIiNCE at Iht 5oulhcasl cmner of Scoff.. 7, Townshil~ 49 South, Range 26 East. Collier Courtly. l:lodda; Ihcnce along Ibc Soulh li,c of said Section 7 1559.2o Ikel: 5hence N 00' 2(¢ 3? W 5,191 fL'el to tim POINT O1: BEG1NNINO of parcel (,f laml hereinafter descritwd: d~ence cmdin.e N 0(}' 2(¢ 33 W 20.02 feel; Ihencc S ST' 20' 08" W 23.36 IL'd; thence S gO' 37' 34" W 306.60 feel; thence S 00' 26' 37" 7,1.0~ {bott thcucc N Re' 37' 3,1" E g,o2 feet; d~cuce N 0(I ' 26' 26" W 5.1.00 feet lhence N gq' 37' 3,1" E 2o8.Oo IL'ct d~cnce N 87' 21Y Og" I~ 22.98 fccl lo d~e POINT OF BY. GINNINt; Basis ,,l'hcali.)'.s ~ Ill,..' ,:mllh Nile .l':;ccfi,,n '/ twhtl' ,% ,q')' 3'7' 3,1" \V. Fa[cci ?;o 12'1 GRIL lat, I~:hl 3C/,t.E' r..ff': ". ';,'r l CHECKED Bt- FILE SEP 2 8 1999 pg. i=~------7 .__ c,P, EI_II 01:' ~J 76 U N.OO'26'26"W.-~ 54.00' 74.00'~%, LP,qlIOSTOII WOODS bID. WE (i'll! ^vi. S.W.) " 298.00'/ .... ~ 8.92 ~/ PIH[ ROG[ ROAD (CR-Bgo) PRF'viOUSLY ACQUIRED P.D.B. Indicates Polr~L oF 3)Sec. Indlco~es SecLIon 4)Twp, JndJcotes iownshlp 5)Rge. Indite'Les Ronge 6)~/~ IndJco~es Rlgh~-or-woy 7)ALL dls~onces ope in reef onct dechqots &hereoC 8)Bosls o¢ deoPIngs Is ~he ~outh tine o¢ ~ection 7 os being S.89'37'34'~. 9)Not valid un[ess signed and seated wJUq the embossed seot o¢ the proFessIonot tond sumveyor D~*~'g':lc"Lc~tom:lsr'N£:[D~'E:tf"r"°:L.M.R, HUTSCALE TI] 11-113-90 J  ,~ ZTE. ..... SEP 2 8 ~999 Po. ~'(" ;, I. EGAL DF~SCI?~II"I'ION (NOT ,,\ I'IU).II!C I hJo .6011 I f'fiE SINIF'LE 1 Fl L,' A P~'>R'I I( )N ~ )I' l R,\( '1 (~2 ()F ASRF('r~RT~FI~INT'I.A'I ~()()K 7, PA(H ~S,I)F IITI?PlqlI.I~'RI:('ORI)SOFCOIIIfiR ('Olin I Y, 1:1 ()TUI)A AND BFIN(; M()RF [',XRII('Iq ARI Y I)FS('I~IIH:I) AS F()I I ('()',1".,IENCIN'(~ AT 'life S()I.?] HfiA~ I ( '(H~-.'I!R ()F Sfi('l 1(?~ ~'. I()\VNSIIIP ,lo SOli Ill. R ',K'(iT! 2f, fi,\s t: '1 [tfi~;( 'fi S(_)I t 1 Il Rq I II:(]I~EI:S 37 MINI ~ t [!q 34 .gF¢','?'~DS V,.'F~ 1'. Al(l'~(i '[lll: ,qf)ltlll I INI! ()F SAIl) SF('II()'~ '7, A DI%IAN,"F ()F 155o.2o l:l:f!l; 'IIIT!";('E "~( )J~ IH o I)I:tHU:[!% 2h Nllb.'[ J I fiS 3~, S[!('O~;I)q WIS 1. A I)IS'] ANf'fi (IF ~,l.ql FFEI '10 '1 JIF 1'~I~I SF('t~NI~S FAS I. A DIS IANCfi OF MINI'IE5Z~SI~'O?~DS I~[~(H~I:T~S 2o ~IIN[Vl ES O~ Sfif't~Nl)S WfiS'l. A lllS I XNL'E OF S zl~ l~) FI} l:lllfiN('f Sill~ 1110 l)l:~H~l~l~g 2~, XIINI'I FS ~3 SE('OND~ I:A~ 1. A IHS IANt 1: (~fi ?q n2 I:EI('I ~O 'IIIF I'fH~I't)F I~I~(HNNIN(L SAIT~ I~l'St'RlltFl~'ll~ X('I t'~?; I AINI?<~i t~ 15Z ACRI~ (f~,6f)~ ~(~I TARt~ StJI ~ III SO Dfi(3l~l:l ~ ~ Nll~l '1 fig 3,1 SI ('lITq~ r"u~suc works Er,~am~EEr~Iu6 D~PAR"rM~r'~T. COLUER COUmY 6OVERr'~UEr,rr COMPLEX 3.9nl EAST TALIIAMI TRAIL nAPLeS. FLO~OA .~,~? SEP 2 8 1999 ~.~1 EAST 1AI,11/',MI IIkA]L IIA, PLI_[~, FLORtl2A 3,1112 (941) 77,~-81~2 'o / PREVIO~ISLY ACQUIRED 330.19' 32? 9 PIN,r_ F:Ih(T R, ', ~ // ×~ 20.02' '\ / / Southeast corner ~_/__ ,/ ,,,--6,8.11' of Section 7, /-- .... ,/x qwp. 49 S., / R§e. 25 L. I/ - -\, .......... ,~I'- -- / ;.:-896) GENERAL NOTES I) P.O.C. Indicates Polnl oF Cor.~mencernent; 2) P,O.I]. tndlca'tes Point oF ileglntdng 3) Sec, Inctlcates Section 4) ]wp, tndlcotes ~ownstflp 5) Rge. Indicates Range 6) R/%~ Indicates Right-oF-way 7) ALt distances ore Ir~ reel O~lCt tlt~criols thereof 8) Basis of' clearings Is tl~e ,South Ih ? of' Section 7 os beln9 S.89°37'34'V,'. 9) No% ,,,ottd untess signed (~m~tt seated wltl~ 'the embossed seat of 'the professional Ioi~(I Sur-veyut' THIS tT, Ollk',' A 5KE'ICtl ,,c,. ,?'~) / _ SEP 2 B 1999 Pg. ;~ . I'I llll .IC \\:( )RI;F, I{N( iINI:I:,R1NG 1-)I:.I'/\ICI'~IITNT ."Y~I I!,,\S I' 'I':\~II,.\XII I I(,\11. N;\Iq.IL";, FI.()P, II)A 3.1112 ('hll) 7/',l-,v, 192 LEGAL DESCR. II'TION (NOT ,,\ SL11~,VEY) I,I,A;AI, I)I:SCI(II'I I()N /,. pmlhm t,l"llnct 93 ul'thc plat flwlcol~ G.hlcn (hdc I'~slalcs tMit 35 as ~cc.[dcd in Plat pa~ticuhnh' dcsc~ibcd as I¢lov,~ COMMENCE at the Suuthca:,t ccnucl cd' Scclitm ?, 'l'ov, nShSl~ ,1' Sotah, IUmF, c 20 East. Collic~ LTOtllll)', Flmida, flwncc akmg thc Nt)mh linc ufsaM ~cclioll 7 % E9" 37' 3.1" W 1229.351keh fl~cnce NUO~ 7o' 2~" W ',S 11 IkctloflmI'OINTOFIIEGINNIN(iof tl~e parcel ~d laml here~;~alter desex;bed '~ ,:ncc N 89~ 37' 3,1" h 215 53 tkct; Ihcnce NTU~ 30' 38" E 12121 [ket, lhen,'c ~ LO' 2o'2,1"W 21 IO[~ct, thcnccS?O° 30' 38"W 125161~et, thence S 89~ 37' 31" W 211 89t~ct, fl~cnce SO()~26'28" E 2U.U2 tkct ID lhe I'O1H'[' OF BEGINt lNG Containing 6737 square fcct In-~c ul less Basis~;fbcalmgsistl~cSt}udllmeofSccfitm'/being SS~;' 3'1' 3,1" W l'arccl bh) 135 PREPARED Bt~ '~-"~ 11 : .......... DAT E. ?~../..~.~.£ ~ GEORGE R. RICHMOND PROFESSIOHAL LAHD SURVEYOR-FL. REG. ~ 2405 PUBLIC WORKS ENGIHEERIHG DEPARJMENT. COLLIER COMHTY GOVERNMENT COMPLEX 3301 EAST ]At. IIAMI TRAIL fi&Pt_ES, FLORIDA 3,1112 I A GE I~10 A .ITEM SEP 2 8 1999 St(E1CH O[ DC!~iCF:II'IION J--'t-' IJ'.'UI(Y~ll()II W/.)(';i)[t l'Htl',i] ('Ih GENERAL NOTES I) P,O,C. Indicates Point oF Commenrze~en[ ~) P.[].I]. Indicates Pain[ oF ~eglnnln~ 3) Sec. Indicates Section 4) T~p, I~cllcates ~ownshlp 5) Rge. Indicates Range 6) R/W Indicates Right-oF-way 7) Alt distances are In reel and decimals ihereoF ~sls oF clearings Is 'tk~e ~outh line oF Section 7 os being S.89'~7'~4'W. 9) Not valid unless signed and sealed ~lih the eml)ossed seai oF 'the professional tend surveyop T l L.H.R. 'II-IIL~ 13 ONLY A '3KE1Ctl SCALE: Ii'~l[: [rILE N0.: [ SCALE 3~- 'SLICE1 '2 OF 2 37r~l IiAF'I 'I ,,\ ?,l l .,\ 'd l 't I.',AII. NAI'I.I!S, FI.ORII)A 34112 (o,II) LEGAL DESCRII'TION (NOT A FEE SI).I?LE '17 LF A I'~'q~IION¢)F IR&f I It~lll:'llIl! PI \l 'IIIFRF('q'/i~IT',I'-,'(~'~II!FS;I ',.'II!S11,%"11 ~,s AS RF( (IRllFll IN PI ",l B(IfltL ?. l'Ali}' Sq. (1}: ItiJ Pi:IH l(' Rll Illll:'-; Ill: (Ill IIFR ('OI'NTY, FI.ORII',..\. AND BEING MtIRI! I'AR ! I('1 :I /'RI Y DES('RIBI!I) \S F()I I O\VS: ('OM'",IF N('IN~; A I 'I 1 Il'. S¢)! 1TI ]t!A Kl' ~ '1 )R NF R ( ', Kit ' I l( )N -. '1 (Y'A'NSI Il I' 4~) SI l? ! 1'11, RANGE 2(, E.,',,K 1. ('()l.l.lliR ('(:'t ~N I",', l'l MIN!r! FS ~4 SF('~)NI)S W[~S I' AI.()NG 'I DISIAN~'F t)t: ROg.41 F[:I~I; 'IIWN(T N~Rlll n ~i:~ iRFFS 2r, ~,I[NI:II($ 42 SEt'()NDS WI:KI.A DISIAN('I (~F II~,42 I:[~E1 ('()'q II'Ct'lNG ~:~!RIIfAI.()N(iSAIDI.INF AND'IllEWI:gl I INF ~)FSAII)'IRA('I 10~. A DIKI&N~'F(~F2116FI(Fl';'llII~NcT SEf't)NI)S F 5$1'..% DIgl AN('It OF 6~53~ l:Fl:r: q l ll:N('l~ N(~P, Ill ~(~ DF~iRFFS 51 MINI 'lES at* $1:~ ~*~I~S FASI,A I)I51AN('F DFt}ItFI~S (~ MINI'IlK 2t) SE('~INI)S fi()tT'lll 3(, I~F(H~T~[~$ 51 MINI~II~$,In ST:('(~NI~$ WI ~:1. ~ T)IFIAN('F ()F 16t~5 FJq~l: IJ.Ol7 A('RF (}.~07 Kr)I~ARt [:FI~I), M{)RF ~IR I.FK5 BAKI~ (~F I~F.'XlUN(~$ IS '1 lie fi()('llt P-XR('I:I ~ GEORGER RICHMOND PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 330~ EAST TAtYI1AMt TRAIL NAPLES. FLORIDA 34112 $ EP 2 B J1999 L ,i'-l.R, [) cC I> _ 2q? 1~3' 7 / '~ ',~ / GENERAL HE]TES ]) P.D.C, Indicates Point oF Commencement 2) P,O,B. Indicates Point oF ~eglnnh~g 3) Sec. Indicates Sec'Uon 4) Twp, Indicates Township 5) Rge. Indicates Range 6) R/W Indic~Les Right-of-way 7) Att distances ~ce In Ceet ~nd declmots tt~eceoF 8) ]]osis oF ~eorlngs 15 ~he South tine oF Section 7 being S.09'37'34'~, Ff-."k". ?) Not vatld untes$ signed and seated with the embossed seat oF 1;he proCessionot (and sur-veyof THI3 IL\ ONLY A %HE'ICII IliJT lO SCALE SEP 2 B / // Pg,~ 1)ttBLIC \\,'OI(I(S IZNGINI)ERING I)E1U\ICFMENT 33111 I!..\ST'I.,\XII.,\:xll IR.,\II. NAI'I.liS. FI.ORII)A 34112 {9,11) LEGAL DESCItlI'TION CLH'V~ n'Jrnbc r' Rodlus = A =90' Arc = ~9.~7 Chord = Chomd Cu~v~ ~ = 52'U7'4U' Arc = ~2.18 Chord = Chord 'Z,I',[1CII OF 013C1,~11'I1011 FCF SD I!'! ~ VINEYARDS UNll OIIE c~ ~ ,,~ PLAT DOOK 1,l i.~_ ~ PAGES 67-74 ' S.SD'34'44"W. C- 1 ~ H.gg'34'44"~. /-PINE IUt)GE ROAD~/ '(cr~-8~o6) ~5o' ~/w lhe South Ten (!':) leer of lroct L-14 of the plot Vineyerd_, U,fit One os ~ecmded in Plot Book 14 ),rgeS 67 through 7,1 of the Public Recoros of Collier County, Florido. Contmining 1,359 squmre feet more or less. PREPARED PROFESSIONAL LAND SURVEYOR-FL REG fl2400 PUBLIC WORKS [HGINEERING DEPARTMENT. CULLIENCOUHTYGOVERNMENTCOMPLEX '30~ EASI ]AMIAM~ TRAIL I A ~I,~ ~A .ITEM SEP 2 8 I SS I'1 II~,I.IC \\'OP, I{S F. NGINI!I!RING DI!I'AICI'MI~NT ?,?}l li,.\S'[ 'l :XNll,,\"dl 'l I~.AII. NAPI.I!S, FI.ORII)A 3,1112 LEGAL DESCIUI'TION (NOT A SLII~.VI:A') VINEYARDS UNIT ONE PLAT 9OOK 14 PAGES 67-74 /7 I,[_ICI-I OI7 DE$CRII'IlOt,I Il 7! t~].,"dt'l.:'. IliU: //TPINE RIDGE ROAD-// CR-896) ISO' R/W GOLDEH GA'lC ESTAICS UNIT 3,l PLA1' t3001~ 7 PAGE 23 1he South lwenty (20) lc, eli of lrc~ct CC; of the plul. Vineyurds, Uuit 3A us recorded in Plot Oook 17. Pages 7 Uuouyl~ lB ot the Public Records of Collier County, I-Io~ido. Contoining 40,720 squaro fee{ more or less. PROFESStONAL LAND SURVEYOR-FL REG. fl 2400 PUBLIC WORKS ENGINEERIHG DEPARTMENT, COLLIER COUNTY GOVERNL1ENT COMPLEX 3301 EAST TAMIAMI TRAIL NAI'LES, FLORIDA 3,111Z lA~NOA 'ITEM m,. A'D / _. SEP 2 8 1999 / LEGAL I)ESCI~,IlqqON (N()T A .qURVEY) I'R()JI!('I N~ ~FIII1 F )I 1() N()... P(;,\I) ~;:(:';'*~ 'F-',V\Y, !'TII_I:~, 6: IXl'ql I.E(;A 1. lll;.'q('R! PTION 'lhc .%m~lh ] wenlv (21)') of Iht Ninth 17rill Del of the East (~2.1) feel of Tracl 121 of thc I')al lhc'~0of: Golden Gale Estalcs. l lml 33 as [CCOldcd m thc plat Book 7, ['age 60, oflhc Public Reco~(l~ of Collier Courtly. Florida. ('ot)lamit~g 124.1 S,.lmUC IL'el mote or Ices. P;ucel N ', 1 P;~OFESSIOI,IAL LAND SURVEYOR-FL REG. # 2406 Pt II~,LIC WORKS EI~GII,IEERIrIG DEPAR1-MENT. COI.LIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL r,!hPLES, FLORIDA 34112 AG[ NOA.. I TEll ~. SEP 2 8 1999 ,,.. (3'7 LEGAL DESCRIPTION (NOT A SURVEY) I'IU.)JI!CI NO (,01Il I OLIO NO... ~0,¢3_ ~3"?O 9 7_6 C'q' ,~ FEE $1MFLE 'IT1LE IA';(;AL I)ESC1HqT1ON CONINIF~NCF, at. thc 5':m~th'wcsl fTt,~ ,q Tract I,I, of the plat Ihcretff Golden (;ate Estalcs Unit No. 3,1, as ~eco~dcd in I~a, ,' ~, k 7, Pnge 23, oflhe Public Records of Collier County, Florida; thence run along lh~ v~ st line ofsnid Trnct 14 N 00' 19' 10" E 181.55 feet to lhe POINT OF BEGINNING cClhe pnrcel oflnnd hereinafter described; thence S 89' 37',15"E 180.00 feel; thenceNOt}' 22' 15"E 10.00 feel; thenceS 89' 37' 45"E ,114.62t~ct; lhcncc S 44' 3q' 18" E 50.05 feet to Ihc west right-of-way linc of Logan Boulevard; thence along saidwcst fight-ogwaylineN 00' 19' 10"E45.37 feeltolhe Southwest right-ogway intersection of Logan lhmlevnrd and Pine Ridge Road (CR896); thence nlong Ibc south right-of-way line of said Pine Ridge Road N 89' 37' 45" W 630,00 feet to the west line r~f afbrcsaid 'l-.ac, I,I, thenceS 00' 19' 10"W20.00 feetlo the I'OINT OF BEGINNING. Containing 8726 square feet more or less. Pmcel 14(I Sheet 1 of 2 Basis of Bearings is the \\'cst linc of'l'~act 1,1 heing 14 00' 19' 10" E. &qED ....... DATE. ~'.. GEORGE iR RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. /',/2400 PUBLIC WORKS ENGINEERING DEPARTMENT, COLLIER COUNTY GOVERf4MENT COMPLEX 3301 EAST TAMIAMI TRAIL I,IAPLES, FLORIDA 341~2 1999 SKE1Cll OF DESCRIPIION 9 ? 10 .-- Ba'37',14"V' ---- J' 62.58' 190.00' 45.37' / LOGAN BOI~LEVARD N,O0'I 9' I 0"[__. ~00.99' '- S.44'39'18"E SO. 155.62' '14 62' Il PQRII()N [RAG1 1'1 20' ~<" 181.55' S.00'19'10"W. 201.55' GENERAL HOTES 1) P.[},C, indico±eq Point or Commencement 8) P.D.B indicates Point 0¢ 9egln,qn9 3) Sec indicates 3ection 4) Two Indicates Township 5) R9¢. indicates Pange 6) P. L," i,~dlco(es Right-oF-way 8) ~osis oC ~eorings is ~}-:e West line of T~-oct 14 being N00'Ig'I0'E. b hi 9) riot va[id untess signeN and sealed with t~e embossed THIS IS Of 4LY A SKETCH TEl 02-07-q7 140 SHEET 2 OF 2 ¢¢'/' ,. SEP 2 8 1999 I'LtBLIC \x,'O1(1,~ I~IqGINI~EI~.ING DI~.I'AI?41'MENT ~t~l I:,,X~'I"I'AMIAMI 'I'IGXII. NAPI;ES, I:I_OR1DA ~,1112 (041) 77,1-8192 LEGAL DESCI?.II'TION (NO'FA SLIRVE'F) FEPFETU,\ L. 7iO~'i-EXC!.I'SIVE U'IILi TY & M.\Ii';¥ BFi;IN;\] 'IIIEI'(IINI tq:lh:IFRgl:l'lll~?~'l)l: I'll F;;d~IIIRI(;Itl't~I WAYI.INF P1NF RTI~{ ;F R()All I('-Ro6) AND I]tF FA~ I PI('~. I ()I WAY I ls~F (~l: I 1)~ lt{~l'l EVARIL 'IIII:N{'F N~R 1 II f~ Dth ~l~l:Eg lo k~IN[;I t7S 10 SF('(INI)S FAS I FFF l: 'l IIt~N¢'E I FAX'IN¢/$,MD t~,XR I RIt ;t1'1' ¢~F WAY IINE 5C)1111140 Id:GRI~Fg MINI'IFS lq SEC(~NDS I:ASI, A I)IRI.,XN('F (~F 5f~fi2 ]:UF1 'If)TIlE NOR'III RI(;II'I (d: WAY 11NF (W $,MI) IUNF RID(;F IUIAII: 'llll~N{'l{ NOR'111 X~) I)EGRI~I:5 37 MINI:'II:N4~ SI{('(INI~S WI:~I &I(iNti~AII)N(UUIIII~I(;II'I'()F WAY I INF()F PINE RII~[~F [{(*kD. ,X IHS IAN(U:()F 3x4~llEE'l 1() I111 P(IINI ()T:BI:(HNNIN(i:SAll) [)FSCRIItFI~ '1RA('I f'()NI AINING (~ ul~ ACRE 163q q(.~ L&RE I'F[ l), MORE OR I,:~R c:,ll: T~,F.\RIX~c;Sl%'iiiFNrip.-iii RIGIII'()F \VA '[iNI!()T:PTNTZI~.IDGE ~(~\DBI:IN{iN~ R llIg~I)E{;RFI!~J?MINTIII!S45SE~'~?~I)SWIig]' P,,\ R('T!I. ~ GEORGE R. RICHMOND PROFESSIOHAL LANO SURVEYOr-FL. REG. fl PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUHTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL HAPLES, FLORIDA 34112 OFFICE OF CA PI']'A L PROJECTS 530t E.^ST TAI.II/,MI -IR/,.II_ rJ^PLES, FLORIDA .3,1112 (941) 77,1-8192 SI<E1CII OF DESCRIPTIOII P~RCEL 1,11 ~eC h-rticnt~ ~eC tlon Rge indicoles Range 7) Alt clis~nnC¢~ a~-¢ in Feet and deci~als thereof Pi,~e P(~ mead being vet ri -fills I?, ONL~ A SKETCtt 1,11 SHEET 2 OF 2 ~. ?'D / SEP 28 1999 EXECUTIVE SUMMARY BOARD ADOPTION OF A COUNTY LEGISLATIVE AGENDA. OBJECTIVE: That the Board of County Commissioners adopt a legislative agenda and direct the County Attorney to create a final draft of a legislative bill to be presented to the local delegation. CONSIDERATION: In an effort to efficiently communicate the Board's policy and direction towards state legislative issues, staff requests that the Board adopt a legislative agenda to be presented by the Chairwoman at the local delegation meeting. Provided below are two issues for the Board's consideration relating to this proposed agenda. Issue #1 - Support of a Crime Bill relating to the Punishment of Persons who are Convicted of Abusing Animals Currently Florida State Legislative (F.S. 921.0011) defines a "victim injury" as the physical injury or death suffered by a person. There is no definition of an animal being considered a victim; therefore, persons convicted of an animal cruelty felony cannot be punished to the full extent of the law since an animal does not qualify as a victim. This occurred earlier this year in Collier County when a man was arrested and convicted of savagely beating a dog with a heavy chain; however, was not sentenced to the full extent of the law due to the technicality of the "victim" definition. The Department of Domestic Animal Services has requested that the Board support legislation (not yet formally proposed) that redefines "victim" to include animals, or animal cruelty cases. Issue #2 - Repeal of a Special Act Relating to Comprehensive Planning Regulations The Special Act 67-1246 (enclosure) for Collier County adopted in 1967, duplicates today's statutory regulations and requirements for counties and municipalities with respect to mandatory growth management plans and it handicaps the "inherent home rule powers" that Collier County (along with all other Counties and municipalities in the State) has with respect to zoning, land subdivision, planning and enforcement matters. As a example, one change that would occur as a result of this repeal would be the fact that the super majority four-fifths (4/5's) vote for rezone petitions would no longer be a statutory law; rather, it would be a requirement of the Collier County Land Development Code. The special Act is applicable to both the County and to the municipalities within the County. Therefore it will be necessary to inform the appropriate elected or appointed officials in the City of Naples, Marco Island, and Everglades Ci this legislation, and to determine if the respective municipaliti~ repealing the special act. N of the intent tn r~nonl ~ ha~tl~~ t° SEP 2 8 1999 FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: The support of the Animal Abuse language and the repeal of the Special Act does not impact the County's adopted Growth Management Plan. RECOMMENDATION: That the Board support both legislative issues, direct the County Attorney's Office to prepare a final bill to repeal Florida House Bill 67-1246, the Special Act for Collier County, and authorize the Chairwoman to present the Board's agenda to the local delegation. John~unnuck, Assistant to the County Administrator Office of the County Administrator APPROVED BY:/~ ~ ~ Date: Bob Fema~. de_z, Count. y.~. m. inistrator Office of the County Administrator AG F~'~IDA ITEM No. ¥_~\ _ S ~P 2 8 1999 CHAPTER 6%1246 LAWS OF FLORIDA Section 2. The tax collector of Collier county is entitled to receive upon the amount of all real and tangible personal prop- erty taxes on county general taxes and licenses collected and remitted a cdmmission of three per cent (3%) and, on each tax- ing district, a commission of three per cent (3 % ). Section 3. This act shall take effect immediately upon be- coming a law. Became a la~v ~vithout the Governor's approval. Filed in Office Secretary of State August 4, 1967. CHAPTER 67-1246 House Bill No. 3022 AN ACT for Collier county', Florida, authorizing the county and municipalities therein to plan, zone, regulate subdivi- sions; to establish and maintain boards and commissions for the carrying out of the purposes of this act; defining certain words and phrases; limiting the areas and jurisdictions ~vhich may qualify under the provisions of this act; estab- lishing planning commissions; regulating the terms of office and providing rules for procedure and providing for fees and other income; providing the functions, powers and duties of planning commissions; providing for the prepara- tion, recommendation and approval of a comprehensive plan and adoption by the governing body; providing the manner for review and amendments of the comprehensive plan; pro- viding zoning purposes and districts and setting forth what may be regulated; providing procedure for establishing dis- trict boundaries and the adoption of regulations thereto; pro- viding a manner for supplementing and amending the zoning ordinance; providing for special exceptions; providing for continuity in zoning; providing a board of zoning appeals, the term of office, the manner of removal from office, the filling of vacancy; providing for officers and rules of procedure, and employees of the board of zoning appeals and providing for appropriations, fees and other income; providing the powers and duties of the board of zoning appeals an ~ m- ~ ~,'61E._NDA ITE.~ 914: No,. ~ ,'~ i-- ner of, decision ises; pr sions; lC other re ment oJ for sub providi] particilC for enf this act continu mis. sion legislat' fective Be It Erin S/' coun.~ Jf the state divisions missions act. The' nicipaliti, in such c( Sectior enable m Florida, plan, to: and enh; prevent , The pro~ improve appeara~ shall not act. Wh powers 1 the mare Sectio WO~ ' ' OI en. ~d to onaI prop- ~ected and each tax- upon be- he county ~ subdivi- ssions for ~g ceftin :isdictions te of iding for ,wets and prepara- ]sire plan e manner )lan; pro- ~rth what ;hing dis- reto; pro- he zoning iding for : appeals, )ffice, the )rocedure, providing iding the snd man- LAWS OF FLORIDA CHAPTER 67-1246 her of exercising said powers; providing for appeals from decisions of administrative officials; staying work on prem- ises; providing for a court review of board of appeals deci- sions; providing for enforcement of the zoning ordinance or other regulations adopted under this act; providing a state- ment of intent regarding subdivision regulation; providing for subdivision regulation; providing for approval of plats; providing that other agencies of the governing body may participate in procedure prior to filing of plat; providing for enforcement of ordinance or regulations passed under this act and legal proceedings hereunder; providing for the continuation of existing plans, ordinances, regulations, com- missions and boards; providing for the repeal of previous legislation; providing a saving clause; and providing an ef- fective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Scope of act. All municipalities lying within the county of Collier, state of Florida, and the county of Collier, of the state of Florida, may plan, may zone, may regulate sub- divisions and may establish and maintain the boards and com- missions described herein for carrying out the purposes of this act. The powers delegated by this act may be employed by mu- nicipalities or the county individually, or, by mutual agTeement, in such combinations as common interest dictate. Section 2. Statement of intent. It is the intent of this act to enable municipalities lying within the county of Collier, state of Florida, and the county of Collier, of the state of Florida, to plan, to zone and to regulate subdivisions, in order to preserve and enhance their advantages, overcome their handicaps, and prevent or minimize such future problems as may be foreseen. The provisions of this act are designed to promote, protect and improve the public health, safety, order, comfort, convenience, appearance and general ~velfare. Any governing body may, but shall not be required to, exercise the powers set forth in this act. Whenever a governing body shall elect to exercise the powers granted in this act, such powers shall be exercised in the manner hereinafter prescribed. Section 3. Definitions. As used in this act, the following words or phrases have the meaning indicated below: 915 AGENDA ITEM No. SE? 2 8 1999 CHAPTER 67-1246 LAWS OF FLORIDA Area: The complete area qualifying under the provisions of this act, ~vhether this be all of the lands lying ~vithin the limits of a municipality, lands in and adjacent to municipali- ties, all unincorporated lands within Collier county, the por- tions of such unincorporated areas as may qualify under the provisions of this act, or areas comprising combinations of the lands in municipalities and Collier county. Due public notice: As used in the phrase "public hearing or hearings ~vith due public notice" involves the folloxving re- quiremen%s: At least fifteen (15) days notice of the time and place of such hearings shall be published one (1) time in a news- paper of general circulation in the area. The notice .shall state the time and place of the hearing, the nature of the matter to be discussed and that written comments filed ~vith an ap- propriate designated official will be heard. Governing body' The municipal commission or council, county commission, or any other chief local governing unit, however designated, for the political jurisdiction affected. Nonconformity: A lot, structure, or use of land, or any com- bination thereof, which is not in compliance with a zoning ordi- nance, but which was lawfully created or begun prior to adop- tion of the zoning ordinance provisions with which it does not comply. Ordinance: When used in relation to Collier county or the board of county commissioners shall mean a resolution of the board of county commissioners, or shall mean such other appro- priate official action as is customarily taken by the governing body involved, regardless of ho~v such official action is regularly called. Plat: Includes map, plan or replat, and is a pictorial repre- sentation of a subdivision. Subdivision: The division of a parcel of land into two (2) or more lots or parcels of land, for the purpose, whether im- mediate or future, of transfer of ownership, a map or plat of which is recorded in the public records of the county, and in- tended for use as residential, multi-family, commercial or when app: subdividin Street private, to Special of this act would throughou ~vhich, if to the net comfoct, 2 als and such zoni~ specific p~ zoning ord The sin singular. Sec der the pr( (a) M exercise al act in the; (b) exercise act in the (c) P( powers gr~ portion or (d) the count5 and the c county ms visions of merit by t municipal] dustrial properties. The term includes a resubdivision and 916 I" AG E, ND~A ITEM No. ,,~\ _._ S zP8 1999 1- IlS ith, ,he ~nicipali- the por- nder the m of the aring or ~zing re- ime and a news- all state -matter an ap- council, · :g unit, W com- ~g ordi- o adop- or the of the appro- 'erning zularly repre- :o (2) ~r ilTl- )lat of nd in- or ~ and, LAWS OF FLORIDA CHAPTER 67-1246 when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Street: The primary means of access, whether public or private, to a lot or parcel of land. Special exception: As used in connection with the provisions of this act dealing with zoning, a special exception is a use that would not be appropriate generally or without restriction throughout the particular zoning district or classification but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public safety, health, comfort, good order, appearance, convenience, prosperity, mor- als and the general welfare. Such uses may be permitted in such zoning district or classification as special exceptions, if specific provision for such special exceptions is made in the zoning ordinance. The singular usage includes the plural and the plural the singular. Section 4. Areas and jurisdictions which may qualify un- der the provisions of this a~t. (a) Municipalities. Any municipality in Collier county may exercise any of the powers granted under the provisions of this act in the area xvithin its corporate limits. (b) Municipalities. Any municipality in Collier county may exercise any of the powers granted under the provisions of this act in the total unincorporated area within its boundaries. (c) Portions of the county. Collier county may exercise the powers granted under the provisions of this act for any suitable portion or portions of its entire unincorporated area. (d) Combinations of municipalities or municipalities and the county. A combination of municipalities, of a municipality and the county, or a combination of municipalities and the county may jointly exercise the powers granted under the pro- visions of this act upon formal adoption of any official agree- ment by the governing body or bodies of such municipalities, municipality and the county, or municipalities and the county. ~ Planning commissions. Establishment and com- 917 TEM CHAPTER 67-1246 LAWS OF FLORIDA position; terms of office, removal from office, vacancies; of- ricers, rules of procedure, employees; appropriations, fees and other income. (a) Establishment and composition. The governing bodies of municipalities and Collier county are hereby authorized to establish one or more planning commissions for Collier county, to have jurisdiction respectively over certain geog~raphie areas of Collier county which shall be specifically described by .the resolution or other official action establishing the planning com- mission(s), and appoint members thereto who reside in the respective districts, and are electors therein. Planning commis- sions shall have not less than five (5) nor more than ten (10) members, and none of such members shall be in the pay of the county or municipality or elected officer-holders of any of the jurisdictions served. (b) Terms of office, removal from office, vacancies. Terms of office of planning commission members shall be for not less than two (2) nor more than four (4) years and not more than a minority of such members' terms shall expire in any one (1) year. (1) Any member of a planning commission may be re- moved from office by four fifths (4/5) vote of the full mem- bership of' the appointing governing body, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within thirty (30) days of the date upon which the vote is taken. (2) Whenever a vacancy occurs on a planning commission xvhich reduces the membership of the planning commission be- low five (5), the governing body shall fill such vacancy for the remainder of the term. No meetings of a planning commis- sion shall be held when the membership is less than five (5). (e) Officers, rules of procedure, employees, salaries and ex- penses. Planning commissions shall elect a chairman and a vice- chairman from among the members. Terms of all offices shall be for one (1) year, with eligibility for re-election. (1) Planning commissions shall by majority vote of the en- tire membership adopt rules of procedure for the transaction of business, and shall keep a record of resolutions, transac- 918 AG.E,N DA ITEM No. "'~ e ~ S E? 2 1999 tions, findi provide fc or portion essary. All (2) P1 the gover~ tions set employ proper, as are sion and e (3) and such the comrr for thses: (d) body - app, mission. The lish a sc'. procedur, Sectim commissi miss~pns .- (a) 'informal lng of cause material natural past tre propert3 marion lng the pected merits ncies; of- fees and ng bodies ~orized to ~r county, ~hic areas ~d by the ning corn- de in the ~ commis- than ten n the pay rs of any ~s. Terms not less note than one (1) ;:.~'",,, re- fu ,em- ~: member ration of ) days of ,mmission ission be- :ancy for commis- five (5). s and ex- :~d a vice- .qces shall ~f the en- ansaction transac- LAWS OF FLORIDA CHAPTER 67-1246 tions, findings and determinations. Planning commissions may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed nec- essary. All such records shall be public records. (2) Planning commissions may, subject to the approval of the governing body concerned and within the financial limita- tions set by appropriations made or other funds available, employ such experts, technicians and staff as may be deemed proper, pay their salaries and make such other expenditures as are necessary to conduct the work of the planning commis- sion and effectuate its purposes. (3) Members of a planning commission may receive salary and such travel and other expenses while on official business for the commission as are made available by the governing body for thses purposes. (d) Appropriations, fees and other income. The governing body for the area is hereby authorized and empowered to make appropriations for conduct of the work of the planning com- mission. The governing ~ody is authorized and empowered to estab- lish a schedule of fees, charges and expenses, and a collection procedure therefor. Section 6. Functions, poxvers and duties of the planning commissions. The functions, powers and duties of planning com- missions shall be, in general: (a) To acquire and maintain in current form such basic 'information and materials as are necessary to an understand- ing of past trends, present conditions; and forces at work to cause changes in these conditions. Such basic information and materials may include maps and photographs of man made or natural physical features of the area concerned, statistics on past trends and present conditions ~vith respect to population, property values, economic base, land use and such other infor- mation as is important or likely to be important in determin- ing the amount, direction and kind of development to be ex- pected in the area and its various parts. _~. (~ To prepare, and from time to time recommend amend- men~ and revisions to, a comprehensive and coordinated gen- 919 AG F...~ DA ITEM No, _'~ ~ $£r 2 8 1999 CHAPTER 67-1246 LAWS OF FLORIDA eral plan for meeting present requirements and such future re- quirements as may be foreseen. ~/ (c) To prepare and recommend principles and policies for guiding the development of the area. / ~/ (d) To prepare and recommend ordinances designed to promote orderly development along the lines indicated by of- ficial principles and policies and the comprehensive plan. j~ (e) To consider whether specific proposed developments conform to the principles and requirements of the comprehen- sive plan, and to make recommendations based thereon. (f) To keep the governing body and the general public in- formed and advised on matters relating to planning. ._~- (g) To conduct such public hearings as may be required 'co gather information necessary for the drafting, establishment and maintenance of the various components of the comprehen- sive plan, and such additional public hearings as are speci- fied under the provisions of this act or may be required by ordi- nance. ~-~(h) In addition, a planning commission may make, cause to be made, or obtain special studies on the location, condition and adequacy of specific facilities of the area. These may in- clude, but are not limited to, studies on housing, commercial and industrial facilities, parks, playgrounds, beaches and other recreational facilities, schools, public buildings, public and private utilities, traffic, transportation and parking. (i) To perform any other duties which may be lawfully assigned to it. Section 7. The comprehensive plan; preparation; approval and recommendation by planning commission; adoption by gov- erning body. (a) Preparation of comprehensive plan. When basic infor- marion for a planning area has been brought together, the plan- ning commission for that area shall prepare a comprehensive general plan for the physical development of the area, based on existing and anticipated needs, showing existing and proposed improvements in the area, stating the principles according to 920 SEP 2 8 Pg. q~!;' __ which ft which ss sive plar public in eral purl justed a~ accordan health, s general, of devek ber of f single dc (b) mission. hensive tions, cc classifica wit~_duE pre,~ 'i by resol the full tion sha other m the who] on the a ture of ~ of such promptll (c) The gov adolSt a portions classifim Sectic (a) sive pla the pla ~t e- icies for g-ned to i by of- opments .~prehen- ublic in- ~uired to [ishment .~prehen- :e speci- by ordi- ~e, cause r~, nmercial ~es and ~, public lawfully xpproval by gov- ic infor- :he plan- ehensive '~ased on ~roposed rding to 1 LAWS OF FLORIDA CHAPTER 67-1246 which future development should proceed and the manner in which such development should be controlled. The comprehen- sive plan may also include a long-range financial program for public improvements. The plan shall be prepared with the gen- eral purpose of guiding and accomplishing a coordinated, ad- justed and harmonious development of the area which will, in accordance with existing and future needs, best promote public health, safety, order, comfort, convenience, appearance and the general welfare, as well as efficiency and economy in the process of development. The comprehensive plan may consist of a num- ber of functional components, and need not be embodied in a single document. (~) Approval of comprehensive plan by the planning com- mission. The planning commission shall approve the compre- hensive plan, either as a whole or in part, as substantial por- tions, corresponding generally with functional or geographic classifications, are completed. A public hearing or hearings, with due public notice, shall be held before approval of the com- prehensive plan or a portion or portions thereof. (1) The approval of the plan or a portion thereof shall be by resolution carried by the affirmative vote of a majority of the full membership of the planning commission. The resolu- tion shall refer expressly to the maps, descriptive material, and other matters intended by the planning commission to form the whole or part of the plan, the action taken shall be recorded on the approved plan or parts thereof by the identifying signa- ture of the chairman of the commission, together xvith the date of such action, and a copy of the plan or part thereof shall be promptly forxvarded to the governing body for its action. (c) Adoption of comprehensive plan by governing body. The governing body may by appropriate official action formally adopt a comprehensive plan either as a xvhole or as substantial portions, corresponding generally with functional or geographic classifications, are received from the planning commission. Section 8. Reviexv and amendment of comprehensive plan. (a) So often as is desirable and necessary, the comprehen- sive plan or the completed parts thereof shall be reviewed by the planning commission to determine whether changes in 921 AG F-.~ITE M No. ~"~,~ , _ 2 8 1999 Pg. ~) CHAPTER 67-1246 LAWS OF FLORIDA the amount, kind or direction of development of the area, or other reasons, make it beneficial to make additions or amend- ments. (b) If the governing body desires an amendment or addi- tion to the comprehensive plan, it may, on its own motion, di- rect the planning commission to initiate consideration of and prepare recommendations on such amendment, and the plan- ing commission shall do so within a reasonable time as estab- lished by the governing body. (c) The procedure for adding to or amending the compre- hensive plan shall be the same as the procedure for its original adoption and approval. Section 9. Zoning; purposes, districts, ~vhat may be regu- lated. (a) Purposes and districts. For the purpose of guiding and accomplishing coordinated, adjusted and harmonious develop- ment in accordance with existing and future needs, and in or- der to protect, promote and improve public health, safety, or- der, conffort; convenience, appearance and general welfare, the governing body or bodies of an area or areas described under section 4 of this act, in accordance with the conditions and pro- cedures specified in this act, may enact or amend a zoning ordi- nance. In such ordinance the governing body shall create zon- ing districts of such number, shape and size as may be deemed best suited to carry out the purposes of this act. (1) Special districts or zones may be established in those areas deemed subject to seasonal or periodic flooding or where necessary for flowage of water during the time of floods, and such regulations may be applied therein as will minimize danger to life and property. (b) What may be regulated. Within the establishing zon- ing districts the governing body or bodies may regulate and determine: (1) lqeight, number of stories, size, location, relocation, erection, construction, reconstruction, alteration, removal and use of buildings, structures, and si&ms. (2) Use of land and water for commerce, industry, resi- 922 AG~qD~._A, ITEM ~ No, ~"~(~ ~, t 'i S EP 2 8 1999 Pg. tL IF dence, a~ and othe: (3) (5) (6) Notice the offici (7) but not gaseous automo] (c) to help paragr.' The re of-' -~ ' m ~eCti .,~adoptk (a) reeomi lafions commi the ~relim and u~ in~o= ~o men& in nm sion. (b) gover ~ or r amend- or addi- .orion, di- n of and the plan- as estab- compre- original be regu- :.ding and develop- nd in.or- ~fety, or- [fare, the ,ed under a.~,~l--~ rO_ fi. di- eat~ zon- e deemed in those or where )ods, and :e danger ting zon- flate and elocation, oval and try, resi- LAWS OF FLORIDA CHAPTER 67-1246 dence, agriculture, recreation, forestry, resource, conservation, and other lawful purposes. (3) Size of yards, courts and other open spaces. (4) Percentage of lot that may be occupied. (5) Density and distribution of population. (6) Expansion, change or elimination of nonconformities. Notice of elimination of non-conformities shall be recorded in the official records of the county. (7) Damage or nuisance producing characteristics such as, but not limited to noise, vibration, glare, and the handling of gaseous, liquid and solid wastes, including junk and wrecked automobiles and appliances, and trash. (c) Regulations and district boundaries shall be designed to help accomplish the objectives and purposes set forth in paragraph (a) of this section, and the comprehensive plan. The regulations shall apply uniformly to each class or kind of use throughout the zoning districts in which that use is per- mitred. Section 10. Procedur~ for establishing district boundaries; adoption of regulations. (a) Tentative report by planning commission. Tentative recommendations as to the boundaries of districts and the regu- lations to be enforced therein may be prepared by a planning commission for its planning area on its own initiative, or at the request of the governing body. The commission may hold preliminary hearings and conferences at such times and places and upon such notice as it may determine to be necessary to inform itself in the preparation of the tentative report. The tentative report, ~vhich shall include the proposed zoning ordi- nance with maps and other explanatory material, shall be made to the governing body by the planning commission. A recom- mendation shall only be made when approved by a vote equal in number to a majority of the full membership of the commis- sion. (b) Action on tentative report by the governing body. The governing body or bodies of the area shall consider the tenta- 923 AG E~ D_A ITEM No. %~\ SF.? 2 B 1999 CHARTER 67-1246 LAWS OF FLORIDA ~ear tive report of the planning commission and shall return it, with any suggestions and recommendations, to the planning commis- sion so that the planning commission may prepare a final re- port. (c) Final report and action. A final report on the zoning regulations shall be made to the governing body after the plan- ning- commission has considered the suggestions and recom- mendations of that body, and after a public hearing ~vith due public notice. After the final report has been submitted by the planning commission, the governing body shall afford all in- terested persons an opportunity to be heard xvith reference to it at a public hearing or hearings, with due public notice, and shall act upon the proposed zoning regulations. No ordi- nance under the authority of this act shall be passed until after the final report of the planning commission has been received by the governing body or bodies. Section 11. Supplementing and amending the zoning ordi- nance. The governing body may from time to time amend or supplement the regulations and districts fixed by any zoning ordinance adopted pursuant to this act. Proposed changes may be suggested by the governing body, by the planning commis- sion, or by petition of the o~vners of fifty per cent (50%) or more of the area involved in the proposed change. In the latter case, the petitioner or petitioners may be required to assume the cost of public notice and other costs incidental to the hear- ings. The planning commission, regardless of the source of the proposal for change, shall hold a public hearing or hearings thereon, with due public notice, and submit its recommendation on the proposed change to the governing body. The governing ~,f body may hold a public hearing or hearings thereon, and shall act on the recommendation. No change in the zoning ordinance shall become effective except by an aflqrmative vote of four fifths (4/§'s) of the full membership of the governing body. Section 12. Continuity of zoning. In the event any unincor- porated territory within Collier county shall hereafter become incorporated, to insure that there shall be no lapse of zoning, any and all zoning regulations which may be in effect in such territory and administered by the county shall remain in full 924 force forced munic take e Sec' comp( officer other (a) may ~ ning zonin. less t' than mem~ Tel shall years shall move of th such quest whicl (2 peals appe canc: afl, er appe (5). (c Boa~ 2 8 1999 'with minis- .al re- :orAng plan- 'ecom- h due ~y the '31 in- ,ce to ~, and ordi- after :eived ordi- nd or- oning may ,sume hear- f the rings [ation rning shall :lance four incor- ~come ~ning, such full LAWS OF FLORIDA CHAPTER 67-1246 force and effect and shall continue to be administered and en- forced by the county under this zoning law until such time as municipal zoning within such territory shall be adopted and take effect. Section 13. Board of zoning appeals; establishment and composmon; terms of office, removal from office, vacancies; officers, rules of procedure, employees; appropriations, fees and other income. (a) Establishment and composition. The governing body may appoint a board or boards of zoning appeals for its plan- ning area or areas, or may act as such board or boards of .zoning appeals itself. Boards of zoning appeals shall have not less than five (5) nor more than ten (10) members. Not more than two (2) members of a board of zoning appeals may be members of a planning commission. (b) Unless the governing body acts as a board of zoning .appeals, then terms of office, removal from office; vacancies, shall be treated as follows: Terms of office of members of the board of zoning appeals shall be for not less than two (2) nor more than four (4) years, and not more than a minority of such members' terms shall expire in any one (1) year. (1) Any member of a board of zoning appeals may be re- moved from office for just cause by four fifths (4/5's) vote of the full membership of the appointing governing body, but such member shall be entitled to a public hearing if he so re- quests in writing within thirty (30) days of the date upon which the vote is taken. (2) Wherever a vacancy occurs on a board of zoning ap- peals which reduces the membership of the board of zoning appeals below five (5), the governing body shall fill such va- cancy for the remainder of the term, within thirty (30) days after the vacancy occurs. No meetings of a board of zoning appeals shall 'be held when the membership is less than five (5). (c) Officers, rules of procedure, employees and expenses. Boards of zoning appeals shall elect a chairman and vice-chair- 925 AGEI~DA ITEM N(~(-\ $"? 2 1999 CHAPTER 67-1246 LAWS OF FLORIDA man from among the members, and may create and fill such other officers as are determined to be necessary. Terms of all offices shall be for one (1) year, ~vith eligibility for re-election. (1) Boards of zoning appeals shall adopt rules for the trans- action of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of zoning appeals may provide for transcription of such hearings and pro- ceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records. (2) Boards of zoning appeals may, subject to the approval of the governing body concerned and xvithin the financial limitations set by appropriations made or other funds avail- able, employ such experts, technicians and staff as may be deemed proper, pay their salaries and make such other expendi- tures as are necessary to conduct the xvork of the board of zon- ing appeals and effectuate its purposes. (3) Members of boards of zoning appeals may receive such travel and other expenses while on official business for the board as are made available by the governing body for these purposes. (d) Appropriations, fees and other income. The gov- erning body for the area under the jurisdiction of a board of zoning appeals is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the board of zoning appeals. The governing body is authorized and empo~vered to establish a schedule of fees, charges and expenses, and a collection procedure therefor. Section 14. Board of zoning appeals; powers and duties; boards of zoning appeals on the governing body acting as a board of zoning appeals in the event it so elects, shall have the following powers and duties. (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by an administrative official in the en- forcement of any zoning ordinance or regulation adopted pur- suant to this act. (b) To authorize, upon appeal from a decision o: 926 th~A~,,~_N DA ITEM S Z? 2 8 1999 Pg .... ("~ mini ing whe] enfo unn( nan( ture peal to ~ dist: nan tion the -cur] mat bec', tric nd m! such erms of all re-election. r the trans- resolutions, of zoning .~s and pro- as may be rds. :e approval e financial ~nds avail- ~s may be ~r expendi- ~rd of zon- ~ceive such ss for the for these gov- ~ ~rd of i to make uct of the ~g body is _~ of fees, or. nd duties; :ting as a ii have the .~ged there · etation or n the en- ~pted pur- of the ad- LAWS OF FLORIDA CHAPTER 67-1246 ministrative.official, such variance.fy, om the terms.of the zon- ing ordinance as ~'Will not be contrary to the public interest wher~;' Owing to ~ond.i,~ions'ipe~uliar.to the property, a literal enforcement 0f'the~id~'~'~iSioi4s~'0f 'the*-6rdinance wOuld result in unnecessary 'and 'undue hardship]"'yariances'-from'-the 'ordi- ~n'a~iCe shall be authorized only for height, area and size of struc- -~-ure]"'Sr'-Mze"6f Yards'and 0p~n"spaces; boards of zoning ap- .peals shall not be authorized Or empowered to issue variances to permit the ~Stablishm~rft 6~"exi~'~nSion 6f a' it~"-in '~'zofie or district in which-such use is not permitted by the zoning ordi- nance.' No variance shall be granted where the special 'condi- tions or circumstances peculiar to the property are the result of the action of the applicant for a variance, which action curred..subsequent to the adoption of the regulation-which makes the variance neC~§%'~:J"No 'varianCe shall be graflted because of the presence of non-conformities in the zone or dis- trict or adjoining zones or districts.' Boards of zoning appeals shall not authorize a variance, un- til it shall be found that the aUthorization of such variance will result in substantial compliance with the intent and purpose of this act and the zoning ordinance, that the property cannot be put to a reasonable use which complies fully xvith the require- ments of the zoning ordinance, that the variance is the mini- mum which will make Possible the reasonable use of the land, building or structure, and that no substantial detriment to the public health, safety, order, comfort, convenience, appearance or general welfare ~vill result from such authorization. Boards of zoning appeals may make the authorization of a variance conditional upon such alternate and additional restric- tions, stipulations, and safeguards as it may deem necessary to insure compliance with the intent and purpose of the zoning ordinance. Violation of such conditions when made a part of the terms under ~vhich the variance is granted shall be deemed a violation of the zoning ordinance. No variance shall be authorized by a board of zoning ap- peals or the governing body acting as a board of zoning ap- peals except after public hearing with due public notice. Section 15. Exercise of powers. In exercising its powers, boards of zoning appeals or the governing body may, in con- 927 AGENDA ITEM SF..P 2 8 199_9 Pg. I~ CHAPTER 67-1246 LAWS OF FLORIDA formity with the provisions of this act and the zoning ordi- nance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an ad- ministrative official in the enforcement of any zoning ordinance. or regulation adopted pursuant to this act, and appealed from, and may make such order, requirement, decision or determina- tion as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. Section 16. Appeal from decision of administrative offi- cial. Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person ag- grieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative of- ficial. Such appeals shall be taken within thirty (30) days by filing with the administrative official a written notice specify- ing the grounds thereof. The administrative official shall forth- with transmit to the board all papers, documents, and maps constituting the record of the action from xvhich an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by at- torney. A decision shall be reached by the appellate body within thirty (30) days of the hearing; otherwise, the action ap- pealed from shall be deemed affirmed. Section 17. Staying of work on premises. When an appeal from the decision of any administrative official has been filed with the administrative official, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official from whom the appeal was taken shall certify to the board of zoning appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings, or work shall not be stayed except by a restraining order which may be granted by the board of zoning appeals, or by a court of record. Section 18. Review of board of zoning appeal's decisions; precedence; costs of action. (a) Review of decisions of boards of zoning appeals is 928 ex- AG,F~NDA ITEM No.--¥' '> ~ SEP 2 8 1999 pg... clusivE persor. board partm to the se~tin~ and si be pr decisi, (b) allow peals shall must not b court ~'~-- d s~,ai! retur s~fSc porti turn nent peale (d that matt evid~ with cons tion whol revi, (E haw )m.~ ordi- modify the by an ad- : ordinance .~aled from, determina- we all the · ative offi- governing ~erson ag- ;m~ of the .~ decision, rative of- ) days by e specify- roll forth- _xnd maps appe~il is be given. ~I~ .~hin orion ap- .n appeal )een filed work on shall be ken shall of facts peril to !1 not be granted ecisions; ls is ex- LAWS OF FLORIDA CHAPTER 67-1246 clusively by the circuit court of Collier county. Any persou or persons, jointly or severally, aggrieved by any decision of a board of zoning appeals, or any taxpayer, or any officer; de- partment, board or bureau of the governing body, may present to the circuit court of Collier county a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the decision of the board of zoning appeals. (b) Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of zoning ap- peals to review such decision of the board of zoning appeals and shall prescribe therein the time within ~vhich a return thereto must be made and served upon relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and on due cause shoxvn, grant a re- straining order. (c) The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or s~vorn copies thereof or of such portions thereof as may be called for by such ~vrit. The re- turn shall concisely set forth such other facts as may be perti- nent and material to show the grounds of the decision ap- pealed from and shaI'l be verified. (d) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his finding:s of fact and conclusions of law, ~vhich shall constitute a part of the proceedings upon which the determina- tion of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (e) All issues in any proceedings under this section shall have preference over all other civil actions and proceedings. (f) Costs shall be allowed to the petitioner only if it shall 929 AG ~q~5 ITEM NO. "~\ SF.P 2 8 1999 CHAPTER 67-1246 LAWS OF FLORIDA appear to the court that the board acted with gross negligence, or in bad faith, or with malice in making the decision ap- pealed from. Section 19. Enforcement of zoning .ordinance or regula- tions under this act. A violation of this act or of any Zoning ordinance or regulation enacted pursuant hereto may be en- joined in the circuit court of Collier county. In any such'in- junction proceeding brought by a governing body hereunder in which such governing body prevails the defendant shall be obligated to pay the costs of the proceedings, and reasonable attorneys' fees of the governing body to be assessed by the court. In case any building, structure or sign is placed, located, relocated, erected, constructed, reconstructed, altered, re- paired, converted, maintained or removed, or any building, structure, sign or object, land or water is used in violation of this act or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the governing body or bodies of such area, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful placement, location, relocation, erec- tion, construction, reconstruction, alteration, repair, conver- sion, maintenance, removal or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, struc- ture, object, land or water, or to prevent any act, conduct, business, or use in or about such premises in .violation of this act or of any ordinance or reg~alation made pursuant to it. Section 20. ~tatement of intent regarding subdivision reg- ulation. The public health, safety, morals and general welfare require the harmonious, orderly, and progressive development of land within the state. In furtherance of this purpose, this act permits regulation of the subdivision of land by Collier county and the municipalities of Collier county. Such regulations shall be devised to aid in the coordination of land development in the municipalities and Collier county in accordance xvith orderly patterns, and to implement such com- prehensive plans, or parts thereof, and such zoning ordinances and other measures in furtherance of comprehensive planning as may have been or may hereafter be adopted. 930 It is the fu: (a) The and constru sound and of attractive (b) The and service~ (c) Th~ of safe an, pedestrian, (d) Th conservati( developme: (e) Ti way, road'. (f space~ an developm' Section sion for body, may, afl Such includinl ted of s so locat~ the sub, quate ordinat, Such divisio~ the cot in furt merits any pa ,. Suc'. SiP 2 1999 Pg AGENDA ITEM No, ?~ ~ egligence, fision ap- r reguIa- ly zoning .y be eh- such ~ereunder shall be ~asonable d by the located, ,red, re- building, lation of Je under titles of to other )ceedings ate g', strue- conduct, ation of .nt to it. ion reg- welfare .lopment )se, this Collier .2ination county :ch com- tinances ,lanning LAWS OF FLORIDA CHAPTER 67-1246 It is the further intent of this act to secure: (a) The establishment of standards of subdivision design and construction which will encourage the development of sound and economically stable communities, and the creation of attractive and healthful living environments. (b) The efficient, adequate and economic supply of utilities and services to new land developments. (c) The prevention of traffic hazards and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land developments. (d) The establishment of adequate flood protection, water conservation and other facilities and measures in new land developments. (e) The establishment of adequate easements, rights of xvay, roads, sidewalks and walkxvays in new land developments. (f) The provision of appropriate recreational lands, open spaces and public institutional and utility sites in new land developments. Section 21. Subdivision regulations. The planning commis- sion for an area shall prepare and recommend to the governing body, subdivision regulations for that area. The governing body may, after due public notice, adopt subdivision regulations. Such regulations may provide that streets in the subdivision, including streets bordering the subdivision, shall be construc- ted of such materials, be of such widths and grades and be so located that they will accommodate prospective traffic, serve the subdivision and the adjoining area 'adequately, afford ade- quate light and air, facilitate fire protection, and be so co- ordinated as to compose a convenient system. Such regulations shall provide that the layout of the sub- division egnform to good land planning design principles, to the comprehensive plan for the area and to measures adopted in furtherance thereof; and that sufficient and suitable monu- ments be placed to enable the survey of the subdivision or any part thereof to be retraced. Such regulations may include requiremen 931 on tho. ~x-fonf AGENDA ITEM No.~fft 5 '"? 2 8 1999 pg. CHAPTER 67-1246 LAWS OF FLORIDA to which and manner in ~vhich streets shall be graded, con- structed, drained, and improved; the elevation or elevations to which low land shall be filled; the size of blocks and lots; the dedication or reservation of land for streets, school sites, recreation areas and utilities sites; and the location of utility easements and utilities installation, as a condition or conditions precedent to approval of the plat. Zlefore adoption if its subdivision regulations or any amend- ment thereof, the governing body shall hold a public hearing thereon xvith due public notice. If completion of any improvements is required as a condi- tion precedent to final approval of the plat, such regulations may provide that in lieu of the completion of such improve- ment or improvements, work or installations previous to the final approval of a subdivision plat, the governing body may accept a bond or other security in form and amount and with conditions and surety satisfactory to it, providing for the se- curing to the public the actual improvement or improvements, work or installations, within a period determined by the gov- erning body, and expressed in the security, and the governing body is hereby granted the po~ver to enforce such security by appropriate legal and equitable remedies. Section 22. Approval of plats. All final subdivision plats shall be prepared in accordance ~vith the subdivision regulations and ~vith chapter 177, Florida Statutes, and submitted, to the governing body for approval. The governing body shall approve or disapprove final plats ~vithin a reasonable time after the submission thereof. If a plat is disapproved, the grounds for disapproval shall be stated in the records of the governing body, and a statement of such grounds of disapproval shall be furnished to the subdivider or his agent. Section 23. Other agencies of governing body may par- ticipate in procedure prior to filing of plat. Nothing contained in this act shall prevent the governing body from assigning part er all of the responsibility for revie~ving and processing subdivision plans in accord with the requirements of the sub- division regulations to its agents or other governmental agen- cies, and governing bodies are hereby empowered to make 932 AGENDA ITEM No. ~ i, 2 8 1999 such as~ tained i division require( Secti, Florida municiI strume~ record, visions Sectl streets zoning in~ ere the a~ unless ) such opene stat. u.~ (b; by t~ the p (d undo sued stall shaI buil ing me~ S und are rog e~, con- ievations cks and school ation of ition or amend- hearin~ a condi- 'ulations reprove- ; to the dy may nd ~vith the ,,'ements, :he gov- ~verning secJk[ity )ri ~lats 'ulations ! to the al plats ,f. If a ~ stated of such )divider ~y par- ,ntained ~signing )cessing he sub- d agen- o make LAWS OF FLORIDA CHAPTER 67-1246 such assignment of part or all of such duties as may be con- rained in the subdivision regulations, except that final sub- division plats must be acted upon by the governing body, as required by chapter 177, Florida Statutes. Section 24. ;No plat or map of land in Collier county, Florida, lying outside the municipal limits of any incorporated municipality shall be recorded wither as an independent in- strument or by attachment to another instrument entitled to record, unless and until it shall have complied with the pro- visions herein stated. Section 25. Erection of buildings adjacent to unapproved streets. In any area which is covered by the provisions of a zoning ordinance, the following limitations shall apply concern- ing erection of buildings adjacent to unapproved streets. No building shall be erected on a lot or parcel of land xvithin the area, nor shall any zoning clearance be issued therefor, unless: (a) The street giving access to the lot or parcel on which such building is proposed to be placed has been accepted and opened as a public street or has otherwise received the legal stat. us of a public street, or (b) The street is shown on a recorded subdivision plat, or (c) The street, easement or private way is determined by the governing body to be adequate in the circumstances of the particular situation and to meet reasonable standards. (d) If so authorized by subdivision regulations adopted under the provisions of this act, a building permit may be is- sued for construction of a building concurrently with the in- stallation of required street improvements, but no such permit shall express or imply any right of occupancy and use of such building, and the governing body may require that such build- lng shall not be occupied or used until the street improve- ments have been satisfactorily completed. Section 26. Enforcement of ordinance or regulatibn passed under this act, legal proceedings. The governing body of any area shall provide for the enforcement of any ordinance or regulation made by it under the provisions of this act, and the 933 AG E~.,~A ITEM No.. "~P' ~ 19911 CHAPTER 67-1246 LAWS OF FLORIDA proper authorities of the governing body of such area may institute any appropriate action or proceedings to prevent, cor- rect or penalize any violation of such ordinance or regulations. The governing body of any area may employ such personnel as they deem necessary to carry out the provisions of this act, and may pay reasonable salaries for such services. Section 27. Continuation of existing plans, ordinances and regulations. Existing comprehensive plans or parts thereof, zoning ordinances and subdivision regulations adopted prior to this act shall continue in effect from the effective date of this act until superceded as if all adoption procedure required by this act had been followed and the fact and method of enact- ment thereof are hereby ratified and confirmed. All changes in plans, ordinances or regulations after the effective date of this act shall be made in accordance with this act. Section 28. Repeal of previous legislation. Chapter 57-1237, Special Acts of the 1957 legislature; chapter 59-1192, Special Acts of the 1959 legislature; chapter 30667, Special Acts of 1955; chapter 27472, Special Acts of 1951, chapter 65-1408, are hereby repealed. Section 29. Saving clause. If any section, sentence, clause. phrase, or word of this act is for any reason held or declared to be unconstitutional, inoperative or void, such holding or in- validity shall not affect the remaining portions of this act, and it shall be construed to have been the legislative intent to pass this act without such unconstitutional,, invalid or in- operative part therein; and the remainder of this act, after the exclusion of such part of parts, shall be deemed and held to be valid as if such paris had not been included therein. Section 30. Effective date. This act shall take effect im- mediately upon its becoming a law. Became a law ~vithout the Governor's approval. Filed in Office Secretary of State August 4, 1967. 934 AGENDA~JTEM No. -~:~ ~ \ 5 £,J 2 1999 AN AC lng t contr trict~ boar( boar( trict~ lng ~ Be It I~ Secti adding (4) may es trol, m lightin cedure 63-124 Sect as abo' county ~vho si The te that t~ terms bers' t after, holder toap flied x (90) shaI1 , EXECUTIVE SUMMARY Recommendation for Board selection of outside counsel for County in lawsuit entitled Dwight E. Brock v. Robinson & Cole, L.L.P. and Collier County, Florida, Case No. 99-2910- CA. OBJECTIVE: County Attorney report to the Board regarding law firms contacted as candidates to serve as outside counsel for the County in the litigation entitled Brock v. Robinson & Cole, L.L.P. and Collier County. CONSIDERATIONS: On September 14, 1999 the Board directed the County Attorney to seek competitive quotes from Collier County law firms to represent the County in the case of Brock v. Robinson & Cole, L.L.P. and Collier County. This Board direction was the result of potential conflicts of interest for the County Attorney's Office in the handling of this case. Eight law firms were contacted by the County Attorney's Office. Those law firms are: 2. 3. 4. 5. 6. 7. 8. Buckingham, Doolittle and Burroughs; Cardillo, Keith and Bonaquist; Cheffy, Passidomo, Wilson & Johnson; Cummings & Lockwood; Faerber & Cliff; Goodlette, Coleman & Johnson; Donald A. Pickworth; and Leonard P. Reina. After reviewing the qualifications of the submitting firms as well as analyzing their proposed hourly rates, the County Attorney has chosen four finns to be recommended for consideration by the Board. The four firms and their hourly rates are set forth as follows: o Cardillo, Keith and Bonaquist with an hourly rate of $250 per hour for John Cardillo, Esq. and between $195 and $250 per hour for other members of the firm; Cheffy, Passidomo, Wilson & Johnson with an hourly rate of $190 per hour for Louis D. D'Agostino, Esq. and a range of hourly rates for other attorneys who might work on the case from between $125 and $250 per hour; Faerber & Cliffwith an hourly rate of $190 per hour for Nelson A. Faerber, Jr., Esq. and paralegal services at $60 per hour; and Leonard P. Reina, P.A. with an hourly rate of $200 per hour for Leonard P. Reina, Esq. AGENDA ri'EM NO._ SEP 2 8 1999 pg. FISCAL IMPACT: Funds are available in Community Development Fund 113 or under County Attorney outside counsel budget (001-010520-631100), if appropriate. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board consider the law firms contacted and recommended by the County Attorney and select one firm to handle the case of Brock v. Robinson & Cole, L.L.P., and Collier County (Case No. 99-2910-CA) as outside counsel for the County. In addition, that the Chairwoman be authorized to sign a contract prepared by County Attorney for the provision of legal services by the selected firm. '~R--m'fiiro Mafialich, Chief Assistant County Attorney APPROVED BY: ~ ~ ~~_~ Date: David C. Weigel,"'Qou~ Attorney H:DDA/executive summaries/1999/brock v robinson & cole outside counsel recommendation 2 ..... 'AGENDA Il'EM SE:,," 2 8 1999 pg. c~ EXECUTIVE SUMMARY RECOMMENDATION TO AUTHORIZE STAFF TO SUBMIT A PROPOSAL FOR SETTLEMENT IN THE CASE OF GEORGE SMITH & CHERYL SMITH vs. BETTER ROADS, INC., & COLLIER COUNTY, CASE NO. 96-2625-CA, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT, COLLIER COUNTY, FLORIDA OBJECTIVE: For the Board to consider granting authorization to staffand outside counsel in the attempt to settle and resolve the case entitled George Smith & Cheryl Smith vs. Better Roads Inc., & Collier Coun.ty Board of Count. Commissioners, Case No. 96-2625-CA, currently pending in the Twentieth Judicial Circuit Court, in and for Collier County, Florida. The authority requested is two-thousand-five-hundred ($2,500.00) dollars. The manner in which said settlement would be accomplished would be by means of filing a "Proposal For Settlement" and said proposal would be offered in exchange for the full release and dismissal of this lawsuit with prejudice. As a pre- requisite to any prospective settlement, each party would agree to bear its own costs and attorney's fees associated with this action. CONSIDERATIONS: In January of 1997, the above named plaintiffs filed a complaint alleging four (4) claims of negligence and/or damages against the defendants Better Roads, Inc., and Collier County, in the Twentieth Judicial Circuit Court, Collier County, Florida. Two separate claims were made against each defendant. All the allegations taken together generally claim negligence on behalf of Better Roads, Inc., and the County for failing to use due care during a construction project in the area of County Road 951 and County Road 864, which was being completed in May of 1996 in Collier County. This complaint, which may be categorized as a personal injury action, alleges that at the aforementioned time and place, Better Roads, Inc., was engaged in completing a road widening project for Collier County. The plaintiff, George Smith, claims that while proceeding in his car through County Road 864 and on to County Road 951, the employees or agents of Better Roads, Inc., directed traffic and/or placed construction vehicles in such a manner so as to obstruct his view. As a consequence of this, when Smith proceeded on to County Road 951 he was caused to have an accident with another motor vehicle. The other vehicle with which the plaintiff had the accident was a Collier County vehicle, which was at the time being operated by a Collier County employee who was on duty and was acting within the scope of his employment. Count Three of the plaintiff's complaint alleges that the County should be held liable for damages to the plaintiff because of purported negligent operation and/or maintenance of said County vehicle. The claims of plaintiff Cheryl Smith allege damages and a loss of consortium due to the injuries suffered in the accident by her husband, George Smith. Collier County has denied liability in this matter and the case is currently scheduled to proceed to trial before the Hon. Ted Brousseau, Circuit Court Judge, for the trial term beginning January 5th, 2000. Plaintiffs are represented in this action by the law firm of Bruce L. Scheiner & Associates. There have been very infrequent discussions regarding pre-trial resolution of this matter and it is the NO. _'lt - SEP 2. 8 1999 pg._ opinion of both outside counsel for the County as well as County staff that the above requested authority to settle this case should be granted so as to allow counsel to submit a "Proposal For Settlement." Should said "Proposal For Settlement" not be accepted by the plaintiff and should the plaintiff thereafter fail to obtain a favorable jury verdict and sufficient award at trial, it would be possible for the County to attempt to obtain from the plaintiffs the costs and attorney's fees associated with the defense of this lawsuit. FISCAL IMPACT: By filing a "Proposal For Settlement" the County avails itself of the opportunity to resolve this lawsuit in the amount of two-thousand-five-hundred ($2,500.00) dollars. If this proposal were to be accepted by the plaintiffs, the fiscal impact on the County would be limited to this amount of money, plus the expenses incurred for costs and outside counsel through closeout. Payment of the settlement would emanate from Collier County Property & Casualty Fund No. 516-121650. It is the opinion of outside counsel that the expenses of proceeding through a trial in this lawsuit would be in excess of the authorization amount above requested. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS; That the Board authorize outside counsel and the Risk Management Department to submit a "Proposal For Settlement" in the action entitled George Smith & Cheryl Smith vs. Better Roads, Inc., & Collier Count. Board qf Coun.ty Commissioners, pursuant to the terms outlined above and to thereafter authorize the Board Chairwoman to execute the documents necessary for final resolution of this matter if said proposal is accepted by the plaintiffs. PREPARED B ¥,.~e ~"~,~ -~'bq~] ~--~ ~ Lawrence Samuel Pivacek, Esquire Attorney For Defendant-Collier County Jeff Walker, Director Collier County Risk Management Dept. David C. Weigel, E~uire Collier County Attorney DATE: 2 ' Ao~NDA IT~-~===== NO. %3 SF.? 2 8 1999 EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT A SETTLEMENT PROPOSAL IN THE CASE OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a/s/o MICHAEL MCCREA vs. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO. 97- 2219-CA-01-THB, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT, COLLIER COUNTY, FLORIDA OBJECTIVE: For the Board to consider and approve a settlement proposal arrived at by and between the plaintiff and the defendant, in the case entitled State Farm MutualAutomobile Insurance Company, a/s/o Michael McCrea vs. Collier Count. Board of Count. Commissioners, Case No. 97-2219-CA-01-THB. This case is currently pending in the Twentieth Judicial Circuit Court, in and for Collier County, Florida. The amount of the settlement proposal is five-thousand ($5,000.00) dollars, in exchange for the full release and dismissal of the lawsuit with prejudice, and for each party to bear its own costs and attorney's fees associated with this action. CONSIDERATIONS: In July of 1997 the above-named plaintiffs filed a twenty (20) paragraph complaint essentially alleging one count of negligence against defendant, Collier Count,, in the Twentieth Judicial Circuit Court. The allegations taken as a whole claim negligent maintenance by the County of a traffic control device, thus causing property damage to the automobile owned by plaintiff, Michael McCrea (hereinafter referred to as "McCrea"). This vehicle was insured by State Farm Mutual Automobile Insurance Company (hereinafter referred to as "State Farm"). Thus, this action may be categorized as a property damage claim by plaintiff, McCrea and a claim in subrogation by plaintiff, State Farm. The facts alleged in the complaint contend that in July of 1995, plaintiff McCrea was operating his vehicle at the intersection of Golden Gate Boulevard and Weber Boulevard in Collier County, Florida. When McCrea travelled through this intersection he collided with another motor vehicle, the operator of which is not a party to this action. McCrea alleges that, unbeknownst to him, a traffic control device in the form of a stop sign, which had been erected by the County at this intersection, had been knocked to the ground. The stop sign had not been replaced prior to the accident. Plaintiffs allege that because the stop sign had not been replaced the County failed in its duty to maintain this traffic control device and that this alleged failure constitutes negligence thereby attaching to the County responsibility for the property damage sustained by McCrea and State Farm due to this accident. The County has denied liability in this matter, arguing that it had not received any notification to the effect that the traffic control device at that intersection had been damaged. The case, not currently set for trial, is pending on the regular court docket of the Hon. Ted Brousseau, Circuit Court Judge, Twentieth Judicial Circuit. The plaintiffs have claimed actual damage in the amount of sixteen-thousand-two-hundred- fifteen ($16,215.36) dollars and 36/100 cents, plus pre-judgment interest, making the total amount of the claim approximately twenty-one-thousand ($21,000.00) dollars. The plaintiffs have also submitted a "Proposal For Settlement" which would entitle them to assess costs and attorney's fees AGENDA ITEI~ NO. 8£? 2 8 1999 pg. to the County, should State Farm receive a successful jury verdict at a sufficient award level. Subsequent to the above, settlement discussions were conducted by the attorneys for the respective parties, a representative of State Farm and Mr. Jeff Walker, Director, Collier County Risk Management Department. At these negotiations State Farm forwarded a settlement proposal to the County wherein the plaintiffs would dismiss this lawsuit in exchange for the payment of five- thousand ($5,000.00) dollars. It is appropriate and necessary that this offer be communicated to the Board at this time. Counsel for the County and the Risk Management Director are recommending that the above described settlement offer be accepted by the Board. FISCAL IMPACT: By accepting the settlement proposal above-described, the fiscal impact on the County would be limited to an amount not to exceed five-thousand ($5,000.00) dollars, plus the expenses incurred for the costs of outside counsel through closeout. Payment of the settlement would emanate from Collier County Property & Casualty Fund No. 516-121650. It is the opinion of outside counsel that the expense of proceeding through a trial in this lawsuit would be in the range of seven-thousand-five-hundred ($7,500.00) additional dollars, plus the potential exposure of an award to the plaintiff based upon a jury verdict in their favor. The acceptance of this settlement proposal would also insulate the County from an award to the plaintiff of costs and attorney's fees, if a unfavorable jury verdict against the County exceeded approximately ten-thousand ($10,000.00) dollars. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize outside counsel and the Risk Management Department to settle this lawsuit pursuant to the terms outlined above and to authorize the Board Chairwoman to thereafter execute the necessary settlement documents upon review by the County Attorney. /~ ..... . ..__., P REPAREDB Lawrence Samuel Pivacek, Esquire Counsel for Collier County REVIEWED /~'~ff Walker, Director Collier County Risk Management APPROVED BY: ~1,~]' Collier County Attorney DATE: AGENDA ITF.~I SE2 2 8 1999 Pg. APPOINTMENT OF MEMBER(S) TO THE IMMoKA~EE ENTERPP~SE ZONE DEVELOPMENT AGENCY OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on April 4, 2003 on the Immokalee Enterprise Zone Development Agency. CONSIDERATIONS: This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce. financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area. local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Casey Wolff Immigration Law 4 yes Affordable Housing Comm COMMITTEE RECOMMENDATION: Casey Wolff FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 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: SEPTEMBER 28, 1999 AGENDA ITEIVJ,-~ NO. /O ,/7'_ S:'? 2 $ TO: FROM: DATE: RE: MEMORANDU3! Sue Filson, Administrative Assistant Board of County Commissioners '.~EC~ Helene Caseltmel k, conom,c Development Manager,2[:~ Housing & Urban Improvement 3oar,~ of County C~ssione~s September 3, 1999 Immokalee Enterprise Zone Development Agency (EZDA) The State has enacted a program, the Florida Enterprise Zone Program, to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, which was approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. This Board has at least 8 positions representing: the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, non-profit community-based organizations operating within the nominated area. local private industry council, local code enforcement agency, and local law enforcement agency plus up to an additional five individuals serving at the Board's discretion. The Committee ~vas created through Ordinance 95-22 as the Immokalee Enterprise Zone Development Agency (EZDA). In addition, the County Commission appointed members to the EZDA under Resolution 95-249. We are recommending the following person for Board approval: Mr. Casey Wolff, a Naples attorney specializing in immigration law. Mr. Wolff will be filling a position vacated several months ago, and will serve the remainder of this existing 4- year term, which expires on 4/4/0J. Please prepare an Executive Summary for the Board's consideration of this recommendation and let me know if any further information or assistance is needed to initiate the process. Thank you for your help. CC2 Greg Mihalic, Director, Housing and Urban Improvement Vincent A Cautero, AICP, Administrator, Community Development and Environmental Services Fred Thomas, EZDA Chairman AGEND& ITE~&-~ NO. _ /_t') /7__ Immokalee Enterprise Zone Development Agency Work Phone Appt'd Exp. Date Term ]Valne Home Phone DateRe-appt 2ndExpDate 2nd Term Gary Dantini 2800 North Horseshoe Drive Naples. FL 34112 District: Category: Local Code Enforcement 643-8445 09/93/96 04/04/99 3 Years Jotm Kirchner 352-8575 3311 Golden Gate Boulevard. E. Naples, FL 34120 District: 5 Category: Immokalee Chamber of Commerce Robert Asbel, Jr. 112 South 1st Street Immokalee. FL 34142 District: 5 Category: Local Law Enforcement James L. Penczykowski I108 Monroe Street Immokalee, FL 34142 District: 5 Categou': Non Profit Or,~anization 07/28/98 04./04/99 8 Months ""~ ~'"" 04/04/03 4 Years 657-6168 02/03/98 04/'04/02 4 Years vaca. rlt Immokalee. FL 34142 District: 5 Category: Non Profit Organization Alan W. Neuman 1653 South Fountainhead Road Ft. Myers, FL 33919 District: 5 Categoo': Private Industw Council Floyd Crews P.O. Box 610 Immokalee, FL 34143 District: 5 Category: Resident/business 657-2999 481-8020 657-2429 04/01/97 04,/04/99 2 Years a/..~/99 04/'04/03 4 Years 04/04/01 08/05/97 04/04/99 2 Years 3/23/99 04/04/03 4 Years 11/24/98 04/04/99 3/23/99 04/04/03 ~ Years Wednesday, March 2~7, 1999 Page 1 of 3 aGE NO. SE? 2 8 1%3 Immokalee Enterprise Zone Development Agency Name ~Vork Phone Appt'd Exp. Date Ternt Home Phone DateRe-appt 2ndExpDate 2nd Term W. Herman Spooner 806 N. 15th Street Immokalee, FL 34142 District: 5 Categ 0': Business Owner & Resident 657-2569 08/'05/97 04/04/98 I Year 3/14/98 04/04/02 4 Years Raymond T. Holland 7380 Trafford Oaks. #12 Immokalee, FL 34142 District: 5 Category: Finanical Entity 657-3171 04/01/97 04/28,'01 4 Years 657-4568 Jern' Hubbart P.O. Box 267 Felda. FL 33930 District: Category: Business in Zone 658-3505 03/23/99 04/04/03 4 Years 675-3747 Ira J. Malamut 11990 Wedge Drive Ft. Mvers. FL 33913 Distr/ct: Categoo': Non-profit Organization 658-3560 03/23/99 04/04/03 4 Years Lucy Ortiz 606 Roberts Avenue Immokalee. FL 34142 District: 5 Categoo': Non Profit Organization 262-4,404 04/04/95 04,'04/99 4 Years 657-5617 3/'23/99 04/04/03 4 Years Denise Blanton 657-3306 14700 Immokalee Road Immokalee. FL 34120 District: 5 Categoo,: non-voting ex-officio member Fred N. Thomas. Jr. 1800 Farm V'orker Wav Immokalee, FL 34142 District: 5 Categoo': Non Profit Organization 657-3649 12/09/97 00/00/00 unlimited 04/04/95 04/04/96 1 Year 9/3/96 04/04/00 .:4 Years I~/ednesday, ltlarch 24, 1999 Page 2 of 3 Immokalee Enterprise Zone Development Agency Work Phone Appt'd Exp. Date Term .Name Ho.re Phone DateRe-appt 2ndExpDate 2nd Term This 13 member committee was created on April 4, 1995, by Ord. No. 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95-249. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the FL Dept. of Commerce for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area. residents, nonprofit community-based organizations, local private industry council, local code enforcement age,nc'/. FL ST. 4T: 290.001 - 290.016 Staff: Greg Mihalic, HUI Director: 403-2330 IVednesda)', March 24, 1999 Page 3 of 3 MEMORANDUM DATE: TO: FROM' August 16, 1999 Vinell Hills, Elections Of~ce F,~) Sue Filson, Administratbe Assistar~ ./ t Board of County Commissioners 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 EZDA COMIvlITTEE COMMISSION DISTRICT Case)' Wolff 4951 Gulf Shore Boulevard. Apt. 1701 Naples. FL 34103 Thank you for your help. MEMORANDUM DATE: TO: FROM: August 16, 1999 Greg Mihalic, HUI Director · Sue Filson, Administrative Assist n~,~ Board of County Commissioners"*-" Immokalee Enterprise Zone Development Agency As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Casey Wolff 4951 Gulf Shore Boulevard, Apt. 1701 Naples, FL 34103 Please let me 'know, in v, Titing, 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 Attactmqents Pg' 7 PAULICH, SLACK & WOLFF, P.A. Attorneys at Law August~ 1999 Mrs. Sue Filson Administrative Assistant Board of County Commissions 3301 Tamiami Trail E. Naples. Florida 3411 '~ Re: The lmmokalce Enterprise Zone Development Agency Dear Mrs. Filson: Please consider this letter my application for the vacancy on the above agency. I am attaching mx curriculum vitae which briefly delineates my background and experience. I would like to bring to the agency representation t¥om the legal community xvherebv we work xxith lk3rcign investors who are looking to invest in commercial enterprises in the Immokalce area both for profit as well as for immigration benefits. Many thanks tbr your consideration of my application. Very truly yours, C\V:p.~es eno. (Curriculum Vitae) PAULICH, SLACK & WOLFF, P.A. Casey Wolff' ~,~/~( ~ ,7~ / 7~ / :7 q/o.7 Athnittcd m Florida and Pcnn',.~l~ania 801 Anchor Rode Drive, Suite 203 · Naples. Florida 34103 941-261-0544 · Fax 941-261-3849 E-mail: caseywol ff~" aol.com CASEY WOLFF PROFESSION: CURRICULUM VITAE OF CASEY WOLFF, ESQ. Paulich, Slack & Wolff, P.A. 801 Anchor Rode Drive, Suite 203 Naples, Florida 34103 TEL: (941)261-0544(x-206) FAX: (941)261-3849 email: caseywolft~aol.com Attorney and Counselor at Law: Admitted to the Bar: Supreme Court of Pennsylvania. 1978; Supreme Court of Florida, 1990; United States District Court for the Western District of Pennsylvania. 1978: United States Tax Court, 1986 and United States District Court, 1992. PRACTICE: Areas of Practice: Immigration, naturalization and international transactions; commercial real estate: corporate organizations and business practice. PROFESSIONAL EXPERIENCE: Paulich. Slack & Wolff. P.A.. Naples, Florida: June 1993 - Present: Shareholder. Five person firm providing a full complement of legal services. Willis. Wilson & Buckel. Naples. Florida. Nov. 1992-May 1993: Of counsel. Four person firm practicing in areas of commercial and residential real estate, corporations, estate planning, probate and civil litigation. Gradv & Associates. L.P.A.. Naples, Florida, 1992-1993: Of counsel. Five person firm practicing in the areas of securities arbitration and litigation, real estate, commercial transactions and corporate finance. £aw Offices ofCasev [~5;lff., Pittsburgh. Pennsylvania, 1978-1992. Founder of three person law firm practicing in the areas of commercial and residential real estate. corporate transactions, business organizations, immigration and civil litigation. American .4rhitration Association: Member. Panel of Arbitrators. PROFESSIONAL ASSOCIATIONS: Member: The Florida Bar Association (Real Property,, Probate and Trust Section), Collier County. Bar Association (Real Estate Section), American Bar Association (International Law Section), American Immigration Laxwers Association, Pennsylvania Bar Association and Allegheny County, (PA) Bar Association. DIRECTORSHIPS EDUCATION: Princeton Alumni Association of Western PA, Pittsburgh. PA, 1986-1992. St. Matthew's House rTask Force for the Homeless/, Naples, FL. 1993-Present. Southwest Florida Land Preservation Trust. Naples, FL, 1996-1999. Affordable Housing Commission, Collier Co., FL, 1997-1999. Economic Development Council, Collier Co., FL Member, International Business Section, 1997-Present. Leadership Collier, Collier Co., FL, Class of 1999. Collier Countx' Ethics Standards & Review Committee, Vice Chairman, 1998. lmmokalee Regional Airport Advisory Board, Collier Co.. FL. 199¢ P,~-~NDAti,T~.r tqo. J.D. University, of Pittsburgh. School of Law, Pittsburgh, PA, 1978. A.B. Princeton University., Princeton, N.J., Biology, 1970. SEP 2 THE FLORIDA COALITION OF COASTAL COMMUNIT~S, INC. A Florida Not-For-Profit Corporation JVlission To provide a strong advocacy for the special public policy needs and concerns of mid-size Florida counties at the state level. Purpose This not-for-profit corporation is organized exclusively for the purpose of assisting emerging coastal Florida counties in developing and advocating public policy positions that will advance the economic opportunities for the residents of those counties. Consistent with that purpose, the association shall: 1. Recruit and retain Florida counties as members; 2. Raise funds to implement the purpose of the association; 3. Retain a lobbying rum in Tallahassee to advocate the association's public policy objectives before the Florida Legislature and the executive agencies in Florida that are responsible for implementing laws that improve the economic welfare of the member counties. Organization and Governance The association shall maintain an office in Tallahassee, Florida, and will'be managed by an Executive Director. Regular membership in the association is open to any coastal county in Florida with a current population between 75,000 and 350,000. Associate, but non-voting, membership is open to every other county in Florida. To be eligible for membership in this association, a County must be a member in good standing of the Florida Association of Counties. Each regular member, through its Board of County Commissioners, shall have a seat on the Board of Directors of the association. The Directors shall elect the officers, retain professional management and lobbying services, and set the annual public policy goals for the association. The County Manager from each regular member county shall serve on an Advisory Board to make recommendations to the Board of Directors. Functions Each Fall, the association will conduct a member meeting to identify, discuss, select and rank state public policy objectives which are consistent with the purpose of the association. Recommendations from the Advisory Board will be presented for consideration at this meeting. These objectives will be then be presented to the Florida Association of Counties, through its committee structure and board, for inclusion of as many of these objectives as possible in that association's annual legislative agenda. The association will coordinate its efforts with the public policy goals of the Florida Association of Counties, to the maximum extent possible, while giving the highest priority to the objectives of this association. SEP 1999 Pg. ~ fccc 1.1 (7/99) By-laws of Florida Coalition of Coastal Communities, Inc. (A Florida non-profit corporation) Article I - Purpose of Organization The purpose of this organization shall be to identify, analyze, propose, lobby and implement changes in state and local public policies that recognize the uniqueness of emerging Florida communities in terms of the impacts of both tourism and growth by permitting greater local control over taxation and operations issues. Articl II - Place of Business: The association shall maintain its principal place of business in Tallahassee, Florida, and its initial address shall be 310 East College Avenue. Article III - Membership: (A) Regular Membership: Regular Membership is available to any Florida coastal county with a population between 75,000 and 350,000, provided that it is a member in good standing of the Florida Association of Counties, has been approved by the Board of Directors and continues to pay its membership dues. 03) Associate Membership: Associate Membership is available to any other Florida county, provided that it is a member in good standing of the Florida Association of Counties, has been approved by the Board of Directors and continues to pay its membership dues. Associate members do not have a vote in any matters dealing with the corporation. Article IV - Operations: The affairs of the corporation shall be managed by an Executive Director who may be elected or removed by a two-thirds vote of the Board of Directors. The initial Executive Director shall be the responsibility and sole expense of the Managing Entity. Article V - Managing Entity': (A) The firm of Butler & Dudley shall be initially responsible for managing the affairs of the corporation pursuant to an agreement to provide management and lobbying services, the scope of which is attached and made a part of these by-laws, until modified by affirmative vote of the Board of Directors. (B) The management services shall, in addition to the Executive Director (on a part-time basis), include the following: office space for the Executive Director and secretarial support services reasonably necessary to properly operate the corporation, a phone line for voice, fax and data transmission, and office equipment. All other expenses of the association shall be borne by the corporation. IAG'~~ No. SEP 1999 Pg. ,~ Article VI - Dues: (A) The initial dues for a regular member shall be $9,600 per year, payable in advance on a calendar quarterly basis. Thereafter, the amount of regular membership dues, and the payment terms thereof, shall be determined by the Board of Directors. (B) The initial dues for an associate member shall be $2,500 per year, payable in advance on an annual basis. Thereafter, the amount of associate membership dues, and the payment terms thereof, shall be determined by the Board of Directors. Article VII - Officers: (A) The officers of the association shall be a Chief Executive Officer, President, Vice- President, Secretary and Treasurer. The Executive Director shall serve as the Chief Executive Officer. (B) The offices of President, Vice-President, Secretary and Treasurer shall be for a term of one (1) year and shall be elected annually by the Board of Directors of the corporation, at a regularly called meeting held in person, by proxy or by telephone, as determined by the Chief Executive Officer. (C) No person may serve as an officer of the corporation unless, at the time of their election, they are a member of the Board of Directors of the corporation. Each candidate receiving a majority of eligible votes cast shall be elected to the office being sought. (D) The Board of Directors shall fill any vacancy created in any office. Article VIII - Directors: (A) There shall be one (1) director for every regular member ofthe association, who shall be an elected count.,,, commissioner designed by a majority vote of that member's board of county commissioners. If no such designation is made, the chairperson of that board of county commissioners at the time membershi? is granted shall serve as a director. (B) Each director shall serve for a term of two (2) years, or until their successor is duly designated by each member's board of county commissioners. (C) Any vacanc? in the Board of Directors shall be filled by a majority vote of that member's board of county commissioners. Article IX - Advisory Council: (A) Each regular member's county manager shall serve as a member of the association's Advisor3' Council. (B) The Advisor3' Council shall identify and study specific issues for consideration by the Board of Directors and shall make recommendations to the Board regarding such issues. Article X - Amendments: These by-laws may be amended from time to time by affirmative vote of two-thirds of the Board of Directors. End- No. 10. SEP 1999 THE FLORIDA COALITION OF COASTAL COMMUNITIES, INC. A Florida Not-For-Profit Corporation Scope of Services by Butler & Dudley The Tallahassee Law and Governmental Affairs offices of Butler & Dudley shall :-rovided management services to the Florida Coalition of Coastal Communities, Inc., (the "association") a Florida not-for-profit corporation, consisting of the followings: Executive Director (part-time position) Staff' support for Executive Director Office space for Executive Director and support staff Office Equipment for Executive Director and support staff Phone line for voice, fax and data transmission The association will be responsible for the following expenses: Travel expenses for Executive Director for approved meetings Long distance phone and copying charges Printing costs for stationary and supplies Rental of facilities for approved association meetings In addition, Butler & Dudley shall provide general legal advice reasonably required from time to time by the association, exclusive of judicial or administrative proceedings, including: preparation of corporate charter and by-laws, and amendments thereto which may be approved by the membership from time to time. Butler & Dudley shall also provide such legislative consulting and lobbying ser~'ices as are necessary to enable the association to effectively advocate for or against changes in public policies at both state legislative and executive levels, all as determined by the Board of Directors. These lobbying services will also include the tracking of implementation strategies for any public policy changes successfully advocated by the association. AGENDA j~EM No. , lO. . SEP 1999 Pg. ~ fccc 1.3 (7/99) Butler & Dudley Firm Profile Butler & Dudley - Introduction We are a Tallahassee law firm that specializes in legislative representations, executive branch lobbying and administrative law. Established in 1988, the firm regularly and successfully represents clients in matters before the Florida Legislature and state agencies. The firm has over 55 years of combined legal, legislative and regulatory experience, representing private corporations, statewide associations, and local governments. Our clients appreciate receiving high-quality work without the high overhead, lack of personal attention, disqualifying conflicts of interest, and other potential disadvantages typically encountered with larger law firms. In the area of law, Butler & Dudley's litigation experiences includes federal and state court cases and administrative proceedings under Chapter 120, Florida Statutes. The firm practices in the areas of business litigation and finance. Our firm does not attempt to have experts in all areas of law. Legislative & Executive Agency Experience Butler & Dudley takes great pride in the longevity that we have achieved in representing many of our clients. We have represented the Association of Community Hospitals and Health Systems of Florida, Inc., for 14 years, and have represented the Florida Chapters of the National Association of Credit Management for 8 years. These examples of our long-term engagements are a direct result of our responsiveness to the objectives of our clients and the resulting legislative success that we have achieved for them. During the past eleven years, our firm has been the lead lobbyist on the passag'e of more than 50 separate legislative issues. Likewise, we have secured millions of dollars in appropriations and revenues for our clients. And, these examples do not take into account the untold number of bills and appropriations favorably secured during Mr. Dudley's sixteen years as a member of the Florida Legislature. in the executive agency arena, we have also been highly successful for our clients. We have represented numerous clients before state agencies and have resolved many concerns to the benefit of the client. In addition, we review the bi-weekly publication Florida Administrative Weekly to monitor the rule-making processes of all state agencies. ~ AGENDA IT. EH .o. _._ SEP ~ 1999 PCjo ~' Butler & Dudley Principals Fred R. Dudley Mr. Dudley received his J.D. from Stetson College of Law and is a fellow of the American College of Trust and Estate Counsel. He has been in private practice since 1968, and he served in the Florida House of Representatives from 1982-86, and the Florida Senate from 1986-98. He was consistently ranked among the Most Effective Senators by the Miami Herald, and is AV rated (highest rating) by Martindale-Hubbell. Neff H. Butler Mr. Butler has been in private practice since 1975, and in 1985 began specializing in legislative .representations. He has served as general counsel for several statewide associations, and is special legislative counsel to many corporate clients. In the last eleven years, he has been the lead lobbyist on the passage of more than 38 pieces of legislation. He is rated AV by Martindale-Hubbell. M. Lane Stephens Mr. Stephens serves as a Governmental Affairs Consultant. He has been involved with state regulatory issues since 1986, and served on the House of Representatives Transportation Committee for more than four years. More recently, he was the Assistant County Administrator and Chief Lobbyist for Orange County, Florida, and he has been involved in most major legislative debates involving complex local government issues since 1993. Deborah E. Lawson, C.L.A. Ms. Lawson began her legal career in 1976. She has been involved in legislative matters since 1989, and serves as a Governmental Affairs Consultant with the firm, leading the lobbying efforts for several of our long-time clients. AGENDA ITEM No. /0 .t~ S EP 1999 Pcj. (.~ THE FLORIDA COALITION OF COASTAL COMMUNITIES, INC. A Florida Not-For-Profit Corporation MEMBERSHIP ACCEPTANCE FAX To: M. Lane Stephens % Butler & Dudley 310 East College Avenue Tallahassee, Florida 32301 (850) 222-6969 FAX Number: (850) 222-4447 Yes, I want .(Name) County to apply for Charter membership in The Florida Coalition of Coastal Communities, Inc. ~ Yes, I want more information about The Florida Coalition of Coastal Communities, Inc. Please send me the follo,Mng information or answers: My Mailing Address: Type ofmemberskip: Regular (coastal counties only) Associate (non-coastal counties) Dated: By: AGENDA geM No. 10. . SEP 1999 pg. ~7 . fccc 1.0 membership (7/99) EXECUTIVE SUMMARY ACCEPT AN ARTICLE V TRUST FUND GRANT-IN-AID OF $49,204.00 FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR AND AUTHORIZE CHAIRWOMAN TO SIGN THE AGREEMENT OBJECTIVE: To accept an Article V Trust Fund Grant-in-Aid of $49,204.00 from the Florida Office of the State Court Administrator and authorize Chairwoman to sign the agreement. CONSIDERATION: Collier County has been awarded an Article V Trust Fund Grant-in- Aid for $49,204.00 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 September 30, 1999. Staff recommends funds be used for criminal case court reporting, one of the permitted uses. The Chief Judge of the Twentieth Judicial Circuit has agreed to this allocation. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Fund 681, Court Administration, will receive $49,204.00 in cost center 410310 (Court Reporting). Funds will be expended for that cost center 410310, object code 633010 (appearance fees). RECOMMENDATION: The Board of County Commissioners accept the Grant-in-Aid of $49,204.00, authorize the Chairwoman to sign the agreement, approve work plan, and approve budget amendment. Prepared bY~~~~ MARK MIDDLEBROOK Deputy Court Administrator Date: September 23, 1999 Reviewed by:~ Michael Smykowski Budget Director D~.te: September 23, 1999 AGENDA I,T~M No._ SEP 2 8 1999 Article V Grant-in-Aid Coqnty of Collier/Twentieth Judicial Circuit Amount of Award: $ 49,204_00 Grant, FY 99-00 Spending Plan Catctlo~' Grant-in-aid Sub-Totals PERSONNEL FULL TIME E ,QUIVALENT (.FTE) SuB-TOTAL PERSONNEl', '" OTHER PERSONNEL SERVICES CONTRACTUAl. AGREEMENTS NaO~es Court Rep0rtin. g, Inc. for criminal court appe.arances 49,204.00 SUB-TOTAL OPS/CONTRACTUAL SVC EXPENSE SuB-TOTAL EXPENSES -':"';.,' '*;-' '" -" 49,204.00 O'I'tlER CAPITAL OUTLAY (OCO) " SUB-TOTAI~ OCO, ,...:/,'" - ,: · ' {:{XED CAPITAL OUTLAY SUB-TOTAL FIXED CAPITALOUTLAY .- , ,, ., *. ,,~'!" ...~ ... ~..~' . GRAND TOTAL .;%'.: ' ' 49,204.00 · Prepared by Granl$ A(Im~mst~al~on C.~MyFile$~$1~budgelfrm2.wb3 AGEND.A/T.E~ SEP 2 8 1999 pg._ ~- _ Article V Trust Fund Grant-in-Aid Agreement for Collier County, Florida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Collier County Board of County Commissioners (the "Grantee"), and the Twentieth Judicial Circuit (the "Grant Manager"). The parties agree that: ho The OSCA will pay the Grantee up to $49,204 as a grant-in-aid pursuant to Specific Appropriation 2124 of the 1999-00 General Appropriations Act and {}25.402, Florida Statutes, for costs incurred under Article V, Florida Constitution, in operating the state courts system. Grant funds will be paid out in 4 disbursements prior to July 31, 2000. Payments will be contingent upon sufficient County Article V Trust Fund collections. The Grantee has a population of 75,000 or greater, and will use grant monies provided under this Agreement in accordance with {}25.402(1)(d)(2), Florida Statutes, for expert witness fees in criminal cases, court reporting and transcribing costs in criminal cases, and costs associated with the appointment of special public defenders. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than September 30, 1999. The OSCA will disperse funds on or before November t, 1999, February 1, 2000, May 1, 2000, and August 1, 2000. The Grantee, in consultation with the chief judge of the Twentieth Judicial Circuit, will submit a detailed, written plan for use of grant funds to the OSCA no later than. September 30, 1999, for the OSCA's use in reporting to the Florida Legislature. The Grantee will invest grant funds that are surplus to current needs or pending distribution in accordance with the requirements of {}219.075, Florida Statutes. The Grantee will return to the OSCA all interest accrued on grant funds for reversion to the General Revenue Fund unallocated. The Grantee will release grant funds in accordance with Collier County purchasing policies and rules. o The Grantee will not use grant funds for lobbying the Florida. Legislature, the judicial branch, or a state agency. C. This Agreement is subject to the following terms and conditions: 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 following the conclusion of this Agreement. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with the requirements of rule 2.051, Florida Rules of Judicial Administration, and Chapterl 19, Florida Statutes, as it may apply. I of 2 AGEND,~,I'I'~M wi(p) S EP 2 8 1999 pg. (For less than $25,000) On or before March 31, 2001, the Grantee will prepare a sworn statement attesting to the Grantee's compliance with the requirements of this Agreement. Grantee will submit copies of the statement to the OSCA and the Auditor General. The (For $25,000 to $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the Auditor General rules promulgated pursuant to § 11.45, Florida Statutes, or submit a statement prepared by an independent certified public accountant attesting to Grantee's compliance with the requirements of this Agreement. The Grantee will submit copies of the audit to the OSCA and the Auditor General. (For more than $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the Auditor General rules promulgated pursuant to § 11.45, Florida Statutes. The Grantee will submit copies of the audit to the OSCA and the Auditor General. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment ofthe OSCA, the Grantee for any reason fails to comply with the terms of this Agreement, the OSCA will have the fight to terminate the Agreement on 5 days written notice by certified mail. In the event of termination, the Grantee will return to the OSCA all grant funds, except those expended in compliance with the Agreement, for reversion to the Article V Trust Fund un allocated. FLORIDA SUPREME COURT, OFFICE OF THE STATE COURTS ADMINISTRATOR GRANTEE Kenneth R. Palmer State Courts Administrator Date Pamela S. Mae'Kie, Chairwoman Board of County Commissioners Collier County GRANT MANAGER The Honorahle William Black,veil, Date Chic f Judge 'l'~'en tieth .ludicial Circuit 2 of 2 AGENDA. ITEM SEP 2 8 1999 Pg._ ~ Article V Grant-in-Aid Release Request Kenneth R. Palmer Office of the State Courts Administrator Florida Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399-1900 Dear Mr. Palmer: In accordance with the Grant.in-Aid Agreement executed with Collier County, the Twentieth Judicial Circuit, and the Office of the State Courts Administrator, I hereby request the release of $49,204.00 as specified in the Agreement for fiscal year 1999-00. The amount is equal tothe total grant-in-aid to the county. Sincerely, Pamela S. Mac'Kie Chairwoman, Board of County Commissioners Twentieth Judicial Circuit, Collier County EXECUTIVE SUMMARY PETITION R-99-7, TERRANCE L. KEPPLE, P.E., OF KEPPLE ENGINEERING, INC., REPRESENTING WILLIAM MINNIELLI, REQUESTING A REZONE FROM "A" TO "RSF-4" FOR 157 SINGLE FAMILY DWELLING UNITS FOR PROPERTY LOCATED WEST OF SAN MARCOS BOULEVARD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.36 +/- ACRES. OBJECTIVE: This petition seeks to rezone the 39.36 acre subject property from Rural Agricultural, 'A" to Residential Single Family, "RSF-4" to allow single family residential development at a maximum density of four (4) dwelling units per acre. The site's present zoning classification allows Agricultural land uses and single family dwelling units at a density of one (1) dwelling unit per five (5) acres. A rezoning to RSF-4 will allow the site to be developed for a maximum of four (4) dwelling units per acre for a maximum of 157 single family dwelling units. CONSIDERATIONS: The petitioner wishes to rezone the property to RSF-4 in order to create building lots consistent with the dimensional requirements of the RSF-4 zoning district. These lots may be conveyed to individual property owners or could be developed as a unified, single family residential development. Properties surrounding the site to the north and east are zoned Estates "E", which allow single family residential development on lots with a minimum area of 2.25 acres. Property to the south and west is zoned primarily to allow single family and multi-family development as part of the Briarwood PUD. The Briarwood PUD allows residential development at a density of 3.11 dwelling units per acre for a total of 600 dwelling units. Access to the subject site is proposed via Owen Road to San Marcos Boulevard. Owen Road is an unimproved 60 foot right-of-way easement which was dedicated to the public for road purposes in January, 1966. San Marcos Boulevard is an improved, existing local road which provides access to abutting single family residential dwelling units and two mobile home parks abutting it just north of its intersection with Radio Road. PROS/CONS: Pros Rezoning of the site to allow residential uses is consistent with the locational criteria for residential rezoning as described in the FLUE in that the site's Future Land Use designation is Urban Mixed Use Residential. Rezoning to RSF-4 will maintain the residential character of the surrounding neighborhoods at a density compatible with similarly approved projects. Cons Although the proposed residential land use could be deemed compatible with surrounding properties in terms of the existing character of the surrounding neighborhood, there are unique conditions relative to access to the site which could make residential land uses at the proposed buildout of 157 dx '91line units~__._..__ incompatible with surrounding development utilizing the same means of access. It is impor ant t~c~a ~woa that properties zoned Estates, "E", along San Marcos Boulevard have a Mixed Use Urban 1~ esidLq~fi_~! ./~) [ future land use designation. As such, these properties are also eligible for rezoning to higher densities. Re- zoning and re-platting many of these properties will have a cumulative effect of turning San Marcos Boulevard into a Major Collector road in terms of the amount of traffic it will carry. FISCAL IMPACT: This rezoning by and of itself will have no fiscal impact on the County. However, if this rezoning is approved, the land could be further developed. New development 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. Current Agricultural Zoning District Proposed RSF-4 Residential 39.36 acres / 1 sf du per 5 acres = 8 sf du 39.36 acres developed ~ 4 du/acre 8 sfx $578.00 (parks) = $4,624.00 157 sfx $578.00 (parks) = $90,746.00 8 sfx $180.52 (library) = $1,444.00 157 sf x $180.52 (library) = $28,342.00 8 sfx .15 x 1000 sq ft (fire) = $1,200.00 157 sfx .15 x 1000 sq ft (lure) = $23,550.00 8 sfx $1,778 (schools) = $14,224.00 157 sfx $1,778 (schools) = $279,146.00 8sf x $1,379 (roads) = $11,032.00 157sf x $1,379 (roads) = $216,503.00 8 sf x .005 x 1,000 (radon) = $40.00 157 sf x .005 x 1,000 (radon) = $785.00 8 sf x .005 x 1,000 (bldg code) = $40.00 157 sf x .005 x 1,000 (bldg code) = $785.00 8 sf x $1.50 (microfilm) = $12.00 157 sf x $1.50 (microfilm) = $235.00 8 sf x 14.00 (EMS) = $112.00 157 sf x 14.00 (EMS) = $2,198.00 Total 8 sfdu generate = $32,728.00 Total 157 sfdu generate = $641,505.00 Development of the site for single family residential should the site be rezoned to RSF-4 and developed with 157 single family dwelling units will generate approximately $608,777.00 more in impact fees than if the site was developed for agricultural use as presently zoned. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. A review of consistency relationships with elements of the GMP and a compatibility analysis is as follows: Future Land Use Element - The Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate zoning district(s) as defined in the Land Development Code, within the Urban Mixed Use land use designation which permit uses characterized as residential. In the opinion of staff, an action to rezone the property to RSF-4 for single family residential type of land uses meets the criteria for serving the community at large and is consistent with the criteria as described in the Urban Residential Land Use Subdistrict in the FLUE. Compatibility - Properties which abut the site to the north, across the Golden Gate Canal, consist of residential single family developed at a minimum density of one (1) dwelling unit per 2.25 acres under the Estates zoning classification. Properties abutting the site to the south and west are currently under construction for single-family residential dwelling units at a density of 3.11 dwelling unit: ncr acre aa naa of Briarwood PUD. Then, further south, the Maplewood PUD allows residential developr of 4 dwelling units per acre. t~nt SF.P 2 8 1999 Transportation - Rezoning the subject site to allow for 157 additional dwelling units will result in 1,570 additional daily trips which will create an unreasonable traffic burden on a local road. This will result in increased inconvenience relative to the movement and flow of traffic and adverse impacts to the safety of pedestrians and motorists who live along San Marcos Boulevard. Approval of the requested rezoning and subsequent development will cause current traffic levels to swell to levels typically associated with collector roadways and not local streets, as the road is presently designed. Given the residential character of development along San Marcos Boulevard, in staff's opinion, traffic in excess of existing levels is undesirable and could be deemed detrimental to the health, safety and welfare of the general public. Alternative means of access could be accomplished by providing an interconnection from the subject site to the Briarwood PUD to the south and west. Additionally, the petitioner could agree to construct a bridge over the Golden Gate Canal at 66th Street SW and provide access to the site from 66th Street SW and Golden Gate Parkway. Similarly, these routes function as local streets, hence a detailed traffic analysis of existing and proposed traffic should be conducted to verify the feasibility of these options. This type of analysis has not been submitted as part of this petition. The Board of County Commissioner's may wish to look at the feasibility of designating San Marcos Boulevard as a 2-lane or more collector facility with a link across the Golden Gate Canal to the north, joining local roads such as 66th Street SW or 68th Street SW. This type of road could provide a secondary means of access to the subject site and those properties abutting San Marcos Boulevard, via Golden Gate Parkway. Additionally, a minor north/south collector primarily servi_ng the residents of these areas will reduce traffic volumes on Radio Road and Livingston Road by providing a secondary means of access north to Golden Gate Parkway, then east to 1-75 when an interchange is constructed at Golden Gate Parkway. Undesirable traffic levels on San Marcos Boulevard resulting from the approval of this zoning petition could be mitigated somewhat by placing a phasing requirement on development of the site. By allowing the initial phase to be constructed for a maximum of 100 dwelling units, trip generation rates will be reduced to 1,000 daily trips. Accounting for the existing daily trips of 2,400, the additional 1,000 trips plus the 125 average daily trips from the aforementioned church, traffic levels on the roadway will be approximately +/-3,500 ADT. This will allow the road to maintain its current minor collector roadway status. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. PLANNING COMMISSION RECOMMENDATION: At the September 16, 1999 meeting of the Collier County Planning Commission, the Commission voted 6-0 to recommend approval of Petition R-99-7 to the Board of County Commissioners with the following stipulations: AGENDA The subject site shall be rezoned to the RSF~4 zoning district with a maximum permitted density of 1 dwelling unit per 1.25 acres. The petitioner shall submit an environmental impact statement (EIS) at the time of next development order submittal. 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 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. Owen Road shall be improved to all applicable County Land Development Codes and roadway standards prior to the issuance of any Certificates of Occupancy for any development on the subject property. o The design of the subdivision should establish an interconnection with the abutting Briarwood PUD. This petition is not scheduled for the summary agenda due to public opposition to the requested rezoning. Specifically, the public is concemed about the high levels of traffic that presently exist on San Marcos Boulevard. Speakers in opposition at the hearing felt that the proposed 157 dwelling units will create higher levels of traffic, exacerbating the existing overburdened San Marcos Boulevard. Additionally, members of the public spoke in opposition to the proposed density of 4 dwelling units per acre. They felt that since most of the properties along San Marcos Boulevard were developed at a density of 1 dwelling unit per 2.25 acres (consistent with the requirement of the Estates zoning classification), that the proposed density of 4 dwelling units per acre is incompatible with the neighboring Estates zoning district. Please see the attached petition. The Planning Commissioner's felt that a density of 1 dwelling unit per 1.25 acres is more consistent with the abutting Estates zoning classification, which is located east of the subject site. The Planning Commission also felt that existing levels of traffic on San Marcos Road were unacceptable. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners with a recommend approval of this petition, having the effect of rezoning certain lands from Rural Agricultural "A" to Residential Single Family "RSF-4", with the following stipulations: No more than 100 individual single family lots providing for a maximum of 100 dwelling units shall be platted with the first phase of development. Subsequent phases of platting and development shall permit up to a maximum of 157 dwelling units for the entire site, and shall only be permitted after a legal secondary access to the site is identified and constructed to Collier County roadway standards and all applicable County Land Development Codes. Prior to preliminary subdivision plat approval for the first phase, the petitioner shall conduct an intersection analysis consistent with the Highway Capacity Manual (HCM) standards as a stop condition and as a signalized intersection for the intersection of Radio Road with San ~ ~,','~,~ Boulevard. If in the opinion of the Transportation Services Direct. or the result of the ana the need for intersection improvements, the petitioner shall be solely responsible for the iYsis reqt~cd. _~m'~_.q'? ,t SEP 2 8 1999 improvements including but not limited to signalization and geometric improvements to the intersection of San Marcos Boulevard and Radio Road. These improvements shall be made prior to final subdivision plat approval. 3. The petitioner shall submit an environmental impact statement (EIS) at the time of next development order submittal. 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 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enfomement Department shall be contacted. Owen Road shall be improved to all applicable County Land Development Codes and roadway standards prior to the issuance of any Certificates of Occupancy for any development on the subject property. 6. The design of the subdivision should establish an interconnection with the Briarwood PUD to the south. Staff feels that provided the appropriate roadway improvements are made to San Marcos Boulevard, that the development is phased and a secondary access is established, the requested density of 4 dwelling units per acre will not have a negative impact on surrounding properties in terms of compatibility and will serve to alleviate some of the traffic concems. It's important to note that the requested rezoning is consistent with the County's Growth Management Plan. The site is located within the Urban Residential designated area of the Future Land Use Map. Properties to the west and south are approved at similar densities. Estates zoned properties to the east are eligible for rezoning to similar densities. Staff also recommends that the Board of County Commissioner's examine the long term impacts of existing and future development of properties utilizing San Marcos Boulevard for access, as well as the relationship of San Marcos Boulevard to the long term plan for the County's transportation network in that area. I A ¢~NDA ITEk. ..e:2 28 1999 PREPARED BY: ./SUSAN MURRAY, AICP ,-/ CHIEF PLANNER CURRENT PLANNING MANAGER DATE DATE T J. MULHERE, AICP DIRECTOR, PLANNING SERVICES DEPT. DATE VINCL~N¥ A~. ~AUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition R-99-7 Minnielli rezone. Tentatively scheduled for the September 28, 1999 BCC meeting. AGENOA ITEM SEP 2 8 1999 AGENDA ITEM 7-C TO: FROM: DATE: RE: OWNER/AGENT: Owner: Agent: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION AUGUST 16, 1999 PETITION NO: R-99-7, Minnielli Rezone William Minnielli 8657 N. Gilmore Road Fairfield, OH 45013 Terrance Kcpple 3806 Exchange Avenue Naples, FL 34104 . ~EQUESTED ACTION: This petition seeks to rezone the 39.36 acre subject property from Rural Agricultural, "A" to Residential Single Family, "RSF-4" to allow single family residential development at a maximum density of four (4) dwelling units per acre. The site's present zoning classification allows Agricultural land uses and single family dwelling units at a density of one (1) dwelling unit per five (5) acres. A rezoning to RSF-4 will allow the site to be developed for a maximum of four (4) dwelling units per acre for a maximum of 157 single family dwelling units. GEOGRAPHIC LOCATION: The subject site is located just west of the northern end of San Marcos Boulevard in Section 31, Township 49 South, Range 26 East, just north of the Briarwood PUD. PURPOSE/DESCRIPTION OF PROJECT: The subject site is presently undeveloped and vegetated. The petitioner wishes to rezone the property to RSF-4 in order to create building lots consistent with the dimensional requirements of the RSF4 zoning district. These lots may be conveyed to individual property owners or could be developed as a unified, single family residential development. Properties surrounding the subject site are also zoned to allow for residential development. Specifically, properties to the north and east are zoned Estates "E", which allow single family residential development on lots with a minimum area of 2.25 acres. Property to the south md west is zoned primarily to allow single family and multi-family development as part PUD. The Briarwood PUD allows residential development at a density of 3.11 dwelling ut 1 Z ,) ITEM 2 8 1999 a total of 600 dwelling units. Access to the site is proposed via Owen Road to San Marcos Boulevard. wen Road is an unimproved 60 foot fight-of-way easement which was dedicated to the'public for road purposes in January, 1966. San Mareos Boulevard is an improved, existing local road which provides access to abutting single family residential dwelling units and two mobile home parks abutting it just north of its intersection with Radio Road. SURROUNDING LAND USE AND ZONING: Existing: The subject 39.36 +/- acre site is currently undeveloped. Surrounding: North: The property to the north is zoned Estates, "E" and is currently developed with single family residential dwelling units at densities which range fi:om 1 dwelling unit per 2.75 acres to 1 dwelling unit per 5 acres. A portion of the Golden Gate Canal abuts the site's northern property boundary, separating the subject site fi:om the Estates zoned property to the north. South: The property abutting the site to the south is zoned PUD, as part of the Briarwood PUD. It is primarily developed with single family residential dwelling units approved at a density of 3.11 dwelling units per acre. E~ist: The property to the east is zoned Estates, "E" and is currently developed with single family residential dwelling units at a density which ranges fi:om 1 dwelling unit per 2.75 acres to 1 dwelling unit per 5 acres. West: The property to the west is zoned PUD, as part of the Briarwood PUD. It is primarily developed with single family residential dwelling units approved at a density of 3.11 dwelling units per acre. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within the Urban Residential Mixed Use designated area on the Future Land Use Map. A description of the meaning of the Urban Residential Mixed Use district in the FLUE advises that types of uses shall be related to a variety of residential land uses including single family, mulfifamily, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a residential single family type of land use that is authorized by the site's consistency with the Urban Residential Mixed Use land use classification in the FLUE. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action fi:om "A" to RSF4 will not change any adopted level of service relationship in a negative manner. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area ofhistoriedarehaeological probability as designated on the official Collier County Probability Map. AGENDA I*l. 2 ]999 ~)~., q Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other .,'onstmction activity a historic or archaeological artifact is found, all development within the mil~imum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff members have reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and En~neering staff, and the Transportation Services Division staff. This petition was administratively reviewed on behalf of the EAB and staffrecornmended approval with conditions as presented in the attached ordinance for adoption. ANALYSIS: Appropriate evaluation of petitions for rezonings should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. 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. of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified by the Board of County Commissioners. 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 Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate zoning district(s) as defined in the Land Development Code, within the Urban Mixed Use land use designation Which permit uses characterized as residential. In the opinion of staff, ar[ acti~A tTE~ I SF-P 28 1999 rezone the property to RSF-4 for single family residential type of land uses meets the criteria for serving e community at large and is e~.nsistent with the criteria as described in the Urban Residential Land Use Subdistrict in the FLUE. It is not sufficient that a petition only need to ,show consistency with the GIMP in order to justify a rezoning action. Other factors are equally important and include the following: Compatibility - Staffis of the opinion that a rezoning of the subject property to a single family residential zoning district is somewhat compatible with its surrounding environs. Properties which abut the site to the north, across the Golden Gate Canal, consist of residential single family developed at a minimum density of one (1) dwelling unit per 2.25 acres under the Estates zoning classification. Properties abutting the site to the south and west are currently under construction for single-family residential dwelling units at a density of3.11 dwelling units per acre as part of Briarwood PUD. Then, further south, the Maplewood PUD allows residential development at a density of 4 dwelling units per acre. Access to the site is proposed to be provided fi'om Owen Lane. Owen Lane is an unimproved, east-west, 60 foot right-of-way easement which was dedicated to the public for road purposes in January, 1966. San Mareos Boulevard is a north/south local road which intersects with Radio Road at its southern tcm,inus, and the Golden Gate canal at its northern terminus. San Marcos Boulevard' is a heavily traveled local road which provides access to all residential development abutting it on its east and west sides. The southern 1/3 oft~e road divides the Southwind Mobile Home Park and the Sunny Acres Mobile Home Park. Both parks are unrecorded subdivisions, however, the combined total of"lots" in both parks is approximately 410. Although the proposed residential land use could be deemed compatible with surrounding properties in terms of the existing character of the surrounding neighborhood, there are unique conditions relative to :cess to the site which could make residential land uses at the proposed buildout of 157 dwelling units incompatible with surrounding development utilizing the same means of access. Issues associated with access are described in detail later in this report. It is important to note that properties zoned Estates, "E", along San Marcos Boulevard have a Mixed Use Urban Residential furore land use designation. As such, these properties are also eligible for rezoning to higher densities. Re-zoning and re-platting many of these properties will have a cumulative effect of turning San Mm'cos Boulevard into a Major Collector road in terms of the amount of traffic it will carry. Timing - There are no issues of timing as far as the land is ripe for residential development as is evidenced by the existing and surrounding residential development which is currently under construction. Traffic - The proposed 157 single family dwelling units will generate approximately 1,570 trips per day. Based on staffs analysis, the site generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Radio Road. Radio Road has a traffic count of 20,958 trips and is operating at LOS "B" within the project's radius of development influence (Pal)I). Therefore, this project is deemed consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element relative to Radio Road. Sma Mare, os Boulevard provides the only existing means of ingress and egress to the subject site, as well as to the aforementioned mobile home parks and abutting residential properties. San Marc, os Boulevard intersects Radio Road with a full median opening and no traffic signalization. The Transportation Services Department has a February 1997 southbound approach traffic count of 1,222 vehicles for a 24-hour period on San Marcos Boulevard. Using a normal 50/50 split, the Department estimates San Marcos Boulevard carries an Average Daily Trip count of 2,4,00 vehicles per day. 4 { £7281999 { I ;,./I ~..The Land Development Code defines a road carrying traffic with a daily trip generation rate from 2,000 to .000 vehicles per day as a Minor Collector. Min, r Collectors may Penetrate, but should not have continuity through residential neighborhoods. Local roads provide land access to residential neighborhoods and offer a means of traveling to and from a collector facility. San Marcos Boulevard by definition is considered a local road. Daily trip rates should average from 0 to 2,000. The present traffic count on San Marcos Boulevard exceeds the maximum of this recommended levels for a local road by 400 trips per day. The addition of 1,570 trips as a result of the rezoning and subsequent development, will bring the trip levels on this local road up to 3,970 per day. This equates to a traffic level commonly associated with major collector roadways of approximately 4,000 trips per day. Furthermore, in 1996, Conditional Use approval was granted to allow the development of a church on San Marcos Boulevard approximately 1/2 mile north of the intersection of Radio Road and San Marcos Boulevard. The church currently does not exist, and the Conditional Use approval has been extended twice since its original approval. The traffic analysis completed at the time of the original Conditional Use application indicated that the petition would generate approximately 125 average weekday trip ends and 494 trips on a Sunday. In summary, rezoning the subject site to allow for 157 additional dwelling units will result in 1,570 additional daily trips which will create an unreasonable traffic burden on a local road. This will result in increased inconvenience relative to the movement and flow oftraffc and adverse impacts to the safety of pedestrians and motorists who live along San Marcos Boulevard. Approval of the requested rezoning and subsequent development will cause current traffic levels to swell to levels typically associated with collector roadways and not local streets, as the road is presently designed. Given the residential character of development along San Marcos Boulevard, in staffs opinion, traffic in excess of existing levels is undesirable and could be deemed detrimental to the health, safety and welfare of the general public. Jtemative means of access could be accomplished by providing an intercormection from the subject site ,o the Briarwood PUD to the south and west. Additionally, the petitioner could agree to construct a bridge over the Golden Gate Canal at 66th Street SW and provide access to the site from 66 Street SW and Golden Gate Parkway. Similarly, these routes function as local streets, hence a'detailed traffic analysis of existing and proposed traffic should be conducted to verify the feasibility of these options. This type of analysis has not been submitted as part of this petition. The Board of County Commissioner's may wish to look at the feasibility of designating San Marcos Boulevard as a 2-lane or more collector facility with a link across the Golden Gate Canal to the north, joining local roads such as 66t~ Street SW or 68tu Street SW. This type of road could provide a secondary means of access to the subject site and those properties abutting San Marcos Boulevard, via Golden Gate Parkway. Additionally, a minor north/south collector primarily serving the residents of these areas will reduce traffic volumes on Radio Road and Livingston Road by providing a secondary means of access north to Golden Gate Parkway, then east to 1-75 when an interchange is constructed at Golden Gate Parkway. Undesirable traffic levels on San Marcos Boulevard resulting from the approval of this zoning pofition could be mitigated somewhat by placing a phasing requirement on development of the site. By allowing the initial phase to be constructed for a maximum of 100 dwelling units, trip generation rates will-be reduced to 1,000 daily trips. Accounting for the existing daily trips of 2,400, the additional 1,000 trips plus the 125 average daily trips from the aforementioned church, traffic levels on the roadway will be AGENDA ITEM ! SEP 2 8 1999 approximately +/-3,500 ADT. This will allow the road to maintain its current minor collector roadway atus. Additional or subsequent phases could be permitted ,,t the time that a secondary access is established for the property either as an interconnection with the Briarwood PUD to the south, or as an interconnecfion to 66t~ Street SW. Coupled with an intersection analysis and subsequent signalization and geometric improvements, if warranted, safety and traffic flow could be improved on San Marcos Boulevard and will help alleviate safety concerns resulting from additional traffic. STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, having the effect ofrezoning certain lands from Rural Agricultural "A" to Residential Single Family "RSF4", with the following stipulations: No more than 100 individual single family lots providing for a maximum of 100 dwelling units shall be platted with the first phase of development. Subsequent phases of platting and development shall permit up to a maximum of 157 dwelling units for the entire site, and shall only be permitted at, er a legal secondary access to the site is identified and constructed to Collier County roadway standards and all applicable County Land Development Codes. Prior to preliminary subdivision plat approval for the first phase, the petitioner shall conduct an intersection analysis consistent with the Highway Capacity Manual (HCM) standards as a stop condition and as a signalized intersection for the intersection of Radio Road with San Marcos Boulevard. If in the opinion of the Transportation Services Director the result of the analysis reveals the need for intersection improvements, the petitioner shall be solely responsible for the required improvements including but not limited to signalization and geometric improvements to the ' intersection of San Marcos Boulevard and Radio Road. These improvements shall be made prior to final subdivision plat approval. 3. The petitioner shall submit an environmental impact statement (EIS) at the time of next development order submittal. 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 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. Owen Road shall be improved to all applicable County Land Development Codes and roadway standards prior to the issuance of any Certificates of Occupancy for any development on the subject property. 6. The design of the subdivision should establish an interconnection with the Briarwood PUD to the south. 2 8 1999 ~"~REPARED BY: , C ' CHIEF PLANNER CI ~R.ENT PLANNING MANAGER DATE DATE PLANNING SERVICES DEPARTMENT DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number: R-99-7 Staff Report for September 16, 1999 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the September 28, 1999 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL J. BRUET, CHAIRPERSON 7 A C-.-.~ A ITEM SEP 2 8 1999 ".._ lq REZONE FINDINGS FOR PETITION R-99-7 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: 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. Summa~ 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, specifically the development complies ~ith the Mixed Use Urban Residential land use classification as defined on the FLUE. The existing land use pattern. Pro: Abutting land uses are residential in nature and developed at densities which range from 1 dwelling unit per 2.25 acres to 3.11 dwelling units per acre. Con: The subject site and neighboring properties lack existing altemative means of access other than Radio Road to San Marcos Road. San Marcos Road splits two mobile home parks developed at relatively high densities right at its intersection with Radio Road. Given the existing land use patterns and lack of alternative access, additional development utilizing San Marcos Road could be detrimental to the safety of abutting property owners and users of the road. Existing: The subject 39.36 +/- acre site is currently undeveloped. Surrounding: North: The property to the north is zoned Estates, "E" and is currently developed with single family residential dwelling units at a density, which ranges from 1 dwelling unit per 2.75 acres to 1 dwelling unit per 5 acres. A portion of the Golden Gate Canal abuts the site's northern property boundary, separating the subject site from the Estates zoned property to the north. South: The property to the south is zoned PUD, as part of the Briarwood PUD. It is primarily developed with single family residential dwelling units approved at a density of 3.11 dwelling traits per acre. AGENDA ITF.~. SEP 2 8 1999 J East: The property to the east is zoned Estates, "E" and is currently developed with single family residential dwelling units at a density which ranges from 1 dwelling unit per 2.75 acres to 1 dwelling unit per 5 acres. West: The property to the west is zoned PUD, as part of the Briarwood PUD. It is primarily developed with single family residential dwelling units approved at a density of 3.11 dwelling units per acre. Summary Findings: The proposed rezoning and use of the property for single family residential land use is deemed compatible with the surrounding properties which are also zoned for residential land uses. Proposed densities while comparable to surrounding land uses, nevertheless may cause an increase in traffic volumes to unacceptable levels on the only existing means of access to the property which happens to be a local road. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findines: The parcel is in a location such that it will not result in an isolated generic zoning district unrelated to adjacent and nearby districts. Adjacent properties to the north, south, east and west are zoned and for the most part developed for residential land uses. Whether existing district boundaries are illogically 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 and they are consistent with the GIMP. This rezoning action does not change the fact that the rezoning action is to make the zoning designation of the land and the proposed use of the land consistent. 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 (Future Land Use Element) of the GMP presently remains consistent. 9 AGENDA ITEM SEP 2 8 1999 e Whether the proposed change will adversely influence Hying conditions in the neighborhood; Pro: A rezoning action that is consistent with a community's comprehensive master plan is a statement that acknowledges the action as contributing to the basic goals and objectives of master planning which is the promotion of the overall public health, welfare and safety, and is therefore also part of the equation which promotes the best principles of neighborhood composition. Con: While a rezoning action to allow residential land uses at a proposed density of 4 dwelling units per acre is consistent with the County's Growth Management Plan, the proposed means of roadway access to the property is currently functioning at maximum capacity. Increasing the amount of traffic on this road may adversely affect traffic and safety considerations since it is the only functioning means of access to all abutting properties. Summary Findings: The proposed change relative to the type of land use allowed by the proposed zoning district should not adversely influence living conditions in the neighborhood because the change is consistent with the goals and objectives of the master plan and because recommended development standards and other conditions for approval that come into play at subsequent approval phases are designed to ensure the least amount of adverse impact on adjacent and nearby developments. However, the proposed 157 dwelling units will increase traffic levels and safety concerns to undesirable levels for all residents whose property abuts and/or utilizes San Marcos Road as their means of access to their property, unless secondary access to the site is provided. e Whether the proposed change will create or excessively increase traffic congestion or create types of traffic 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: Development of the subject property is consistent with the provisions of the Traffic Circulation Element of the GMP, as it relates to the level of service standards adopted for Radio Road. The site generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Radio Road. Radio Road has a traffic count of 20,958 trips and is operating at LOS "B" within the project's radius of development influence (R.DI). Therefore, this project is deemed consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element. Con: The present traffic count on San Marcos Boulevard exceeds the maximum recommended traffic level for a local road by 400 trips per day. The addition of 1,570 trips as a result of the rezoning and subsequent development, will bring the trip levels on this local road up to 3,970 per day. This equates to a traffic level commonly as. sociated with major collector roadways of approximately 4,000 trips per day. Furthermore, in 1996, Conditional Use approval was granted to allow the development ora church approximately 1/2 mile north of the intersection of Radio Road and San Marcos Boulevard, on San Marcos Boulevard. The church currently does not exist, and the Conditional Use approval has been extended twice since its original approval. Tte traI~r.t~ analysis completed at the time of the original Conditional Use application indicated · hat SEP'2 8 1999 10 10. 11. petition would generate approximately 125 average weekday trip ends and 494 trips on a Sunday. In summary, rezoning the subject site to allow for 157 additional dwelling units will result in 1,570 additional daily trips which will create an unreasonable traffic burden on a local street. This will result in increased inconvenience relative to the movement and flow of traffic and adverse impacts to the safety of pedestrians and motorists who live along San Marcos Boulevard and to all users of the intersection of San Marcos Boulevard with Radio Road. 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 as it exists does not excessively increase traffic congestion on Radio Road. The increase in traffic volumes on San Marcos Road will create traffic levels well in excess of those acceptable for a local road which may impede the flow of traffic and have adverse impacts to the safety of pedestrians and motorists who live along San Marcos Boulevard and to all users of the intersection of San Marcos Boulevard with Radio Road. Whether the proposed change will create a drainage problem; Pro/Con: Evaluation not applicable. 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 surface drainage generated by developmental activities as a condition of approval. 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 others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 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. A~A ITEM SEP 2 8 1999 /ff 12. 13. 14. Summary Findines: 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 result in a deterrence to improvement or development of adjacent property. Surrounding properties which are already developed and appear to be in a well-maintained condition. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. Con: Although the requested rezoning action is proposed at a density which is consistent with the Growth Management Plan, phasing of the development is necessary in order to reduce negative impacts associated with excessive traffic volumes on San Marcos Road resulting from additional development. This reduction in density is necessary to maintain a reasonable level of safety along San Marcos Boulevard, until the time that a secondary access to the site can be established. Summary_ Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of · special privilege. However, phasing of development may be necessary to reduce negative impacts associated with excessive traffic volumes on San Marcos Road in order to maintain the safety, comfort level and welfare of property owners abutting this road. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Finding: The subject property is zoned to allow for Agricultural land uses and single family residential development at a density of 1 dwelling unit per 5 acres. These types of uses at this density is not consistent with surrounding development patterns and land uses which are typically located in the Urban Residential future land use designation. Whether the change requested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary_ Findings: The proposed development complies with the Growth Management Plan; however, an analysis of the surrounding neighborhood reflects a need for reduced, der -.ifi,~ t~, maintain an acceptable level of safety on the proposed access to the site. SEP 2 8 1999 16. 17. 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: The site is surrounding by residentially zoned properties which are either developed or are in various stages of development. The site in its present location is strategically located to nearby facilities, services and utilities. ~ 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. ProlCon: . Evaluation not applicable. Summary Findin_~s: The site is currently undeveloped. The normal disruption of property attendant to the development phase is to be expected. To this extent the current natural vegetation will be removed and certain earth fill activity will be required to prepare the site. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Public facilities are available, and their Level of Service is commensurate with Adequate Public Facilities standards. 13 · AGENDA ITEJ~ 2 8 1999 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING THE OFFICIAL ZONING ATLAS MAP NLrMBER 9631N BY CHANGING THE ZONING CLASSIFICATION OF THE HEKEIN DESCRIBED PROPERTY LOCATED WEST OF SAN MARCOS BLVD IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "RSF-4" FOR SINGLE FAMILY RESIDENTIAL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Terrance L. Kepple, P.E. of Kepple Engineering, Inc., representing William Minnielli, petitioned the Board of County Commissioners to change the zunmg classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by ref;~e,~ce herein, and located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" to "P..SF-4" and the Official Zoning Atlas Map Number 9631N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly..The herein described real property is the same for which the rezone is hereby approved subject to the following conditions described by Exhibit "B", attached hereto and incorporated by reference herein. This Ordinance shall become effective upon filing with the Department of State. AGENDA ITEM SEP 2 8 1999 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: PAMELA S. MAC'KIE, Chairwoman APPROVED AS TO FORM AND LEGAL SLqzFICIENCY M~J(~RIE M. STUDElqT ASSISTANT COI_rNTY ATTORNEY ~adrm~suedR-99-07 R. EZONE ORDINANCE/ - AGENDA ITEM · SEP 2 8 1999 · $ 00'0~'30' · '-'n..xhibit B R-99-7 Subject to the following conditions: No more than 100 individual single family lots providing for a maximum of 100 dwelling units shall be platted with the first phase of development. Subsequent phases of platting and development shall permit up to a maximum of 157 dwelling units for the entire site, and shall only be permitted a~r a legal secondary access to the site is identified and constructed to Collier County roadway standards and all applicable County I. and Development Codes. Prior to preliminary subdivision plat approval for the first phase, the petitioner shall conduct an intersection analysis consistent with the Highway Capacity Manual (HCM) standards as a stop condition and as a signalized intersection for the intersection of Radio Road with San Mareos Boulevard. If in the opinion of the Transportation Services Director the result of the analysis reveals the need for intersection improvements, the petitioner shall be solely responsible for the required improvements including but not limited to signalization and geometric improvements to the intersection of San Marcos Boulevard and Radio Road. These improvements shall be made prior to final subdivision plat approval. The petitioner shall submit an environmental impact statement (lEIS) at the time of next development order submittal. 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 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be .contacted. Owen Road shall be improved to all applicable County Land Development Codes and roadway standards prior to the issuance of any Certificates of Occupancy for any development on the subject property. The design of the subdivision should establish an intereormection with the Briarwood PUD to the south. AGENDA ITEM SEP 2 8 1999 ~hibit B R-99-7 Subject to the following conditions: No more than 100 individual single family lots providing for a maximum of 100 dwelling units shall be platted with the first phase of development. Subsequent phases of platting and development shall permit up to a maximum of 157 dwelling units for the entire site, and shall only be permitted after a legal secondary access to the site is identified and constructed to Collier County roadway standards and all applicable County Land Development Codes. Prior to preliminary subdivision plat approval for the first phase, the petitioner shall conduct an intersection analysis consistent with the Highway Capacity Manual (HCM) standards as a stop condition and as a signalized intersection for the intersection of Radio Road with San Marcos Boulevard. If in the opinion of the Transportation Services Director the result of the analysis reveals the need for intersection improvements, the petitioner shall be solely responsible for the required improvements including but not limited to signalization and geometric improvements to the intersection of San Marcos Boulevard and Radio Road. These improvements shall be made prior to final subdivision plat approval. The petitioner shall submit an environmental impact statement (EIS) at the time of next development order submittal. 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 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. Owen Road shall be improved to all applicable County Land Development Codes and roadway standards prior to the issuance of any Certificates of Occupancy for any development on the subject property. The design of the subdivision should establish an interconnection with the Briarwood PUD to the south. 14 AGENDA I TE.J~ SEP 2 8 1999 '. _REZONE APPD1CAT£UN 99-0 FOR r.~4 tl~r:.~-.4 ~ 1 d,velopment CHECKED BY: This checklist must be completed and submitted as part of the Rezone Application. If the rezone is for a Planned Unit Development (PUD), the PUD Requirements ~ecklist also must be completed and submitted as part of the Rezone A~plication. A pre-application meeting with the Planning Services is required prior to submitting the rezone application package. The original plus Seventeen (17) copies must be initially submitted of all the following information unless otherwise indicated. Additional copies will be required when the petition requires transmittal to the EAB, CCPC and BCC. Submitted x I. APPLICATION FOR PUBLIC HEARING x II. UTILITY FORM III. EIS OR EIS WAIVER REOUEST, IF 10 ACRES OR MORE NA IV. PLOT PLAN/OPTIONAL FOR RESIDENTIAL REZONES; IF PUD, SEE PUD REQUIREMENTS A. Scale, date, north arrow, name of project Dimensions of property Existing End proposed buildings, lots, and uses De Parking and loading Bukfers, landscaped areas, open spaces, preserves Ge Access points, existing highways, intersections, median cuts Internal circulation H. General water management features Utility facilities AGEI~A ITEM SEP 2 8 1999 X X X X X X X V. VICINITY MAP A. Name of project B. Location of project C. Major roadways in vicinity of project VI. COMMITMENTS OF PETITIONER VII. SUPPORT INFORMATION ae petai~ed description of the project includin9 the following: Uses proposed Acreage by land use type If roads are to be public or private, proposed connections to future or existing neighbors, location of controlled accesses, etc. Residentia% Developments a. Density, number, acres and type of each residential unit b. If affordable housing - must comply with appropriate regulations Non-residential projects (commercial, industrial) the following information should be supplied by the petitioner: a. A delineation of the area to be served. Market feasibility study required for large projects b. An identification of the types of proposed uses c. Maximum square footage of each type of commercial/industrial use d. Parking requirements by use and total provided e. Number of employees' Phasing Plan Lighting of project Road miles to nearest sheriff substations, fire station, school, and park AGENDA ITEM sEP 2 8 1999 Ce Statement indicating how and why the proposed project complies with the Growth Management Plan including the relationship of the proposed project to density and intensity of land use. Traffic Impact Analysis: See special requirements needed for transportation review. NA For residential projects the following information shall be supplied by the petitioner: The total number of dwelling units by structure type (i.e. Single Family Detached, Multiple Family, etc.). The bedroom composition of each structure type. The gross and net density by proposed tracts or parcels. E. Reasons request should be approved x X x List any past or proposed developments which may affect the determination of the requested change Identify any existing construction or uses in the project area which may affect the proposed use Document reasons why the property cannot be used in accordance with existing zoning NA F. Historical/Archaeological Survey and Assessment (if property located within Probability Area) Prepared by a Certified Archaeologist in accordance with Section 2.2.25.4 of the Land Development Code. Waiver of Survey and Assessment that has been approved by the Community Development Services Administrator or his designee. NA G. Other permits, County, State, and Federal, which have been issued, applied for or required to complete the project as proposed. '-~EZONE PROCEDURES/md/lO/21/93 SEP 2 8 1999 Ag~LZCATZON ~OR STANDARD RE~ONE PETITION NO. COORDINATING PLANNER: Susan APPLICAT NAME'(AGENT):Terrance Ke~le PHONE: 403-1780 APPLICANT ADDRESS: 3806 Exchange Ave, Naples,FL 34~04 PROPERTY OWNER(PETITIONER) NAME AND ADDRESS*: William Minnielli 8657 N. Gilmore R~. Fairfield, Ohio 4§0~3 PHONE: 5~3-874-8400 DETAILED LEGAL DESCRIPTIONOF SUBJECT. PROPERTY: SECTION: 31' TOWNSHIP: 49 South RANGE: 26 East The Northeast 1/4 of the Northwest 1/4 RECE VED)- RECEIVEt MAY 2 7 1999 Nurra~ DATE : ~ PROPERTY I.D. #: SIZE OF PROPERTY: 1309 FT.X 1316 FT. ACRES: 39.36 GENERAL LOCATION OF SUBJECT PROPERTY: West of San Marcos Blvd. ADJACENT ZONING AND LAND USE ZONING N E S PH~ E E W D~TD EXISTING ZONING: A PROPOSED LAND USE'OR RANGE OF USES (OPTIONAL): LAND USE l(no1. Fnmil~ 1 1/4 - ~ REQUESTED ZONING: ~-4 -1- AGENDA ITEM SEP 2 8 1999 DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF INTIRE CONTIGUOUS PROPERTY: NO 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. IS THIS PROPERTY CURRENTLY VACANT? ~ YES NO. IF THE ANSWER IS NO PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES. Terrance L. Kepple * If petitioner is a corporation other than a public corporation, so indcate and name officers and major stockholders. If petitioner is a land trust, so indicate and name name beneficiaries. If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. If petitioner is a lesee, attach copy of lease, and indicate actual owners if not indicated on the lease. If petitioner is a contract purchaser, attach copy of contract, and indicate actual owners name and address. -Z- A~IDA ITFJ~I r~o SEP 2 8 AFFIDAVIT I, : _ _' / __ being duly sworn, depose and s~.-am ~.~ow~e~]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 complete t~nd accUrate, bef~xe a hearing can be advertised.'I further permit' . -' ~- (AGENT'S NAME~ ~ u O-'--- to act as my representative in any matters regarding this petition. State of ~~a County of r~ ,The foregg~ng/_~pement Sheet was ~k~owle~d~before me this ~onall¥ kn6w~Jto me_or who has produced ' ~ - as identification and who did (d~ ~ot~ take a'~at~. ~na~ure of Notary Publick NOT~Y PUBLIC ~ ~W Publ~, s~ale of co~ission $ ~ ~ ~mmissio~ 5~ir~ My Co~ission ~pir6 ~uffi21, 2~2 AGENDA ITEM SEP 2 8 1999 State of Florida County of Collier ~. ,LThe forego~n~ Agreement Shee~_ was acknowledged before me this identification and who did ~~~- _~.P% Adr~na Drisooll (S~y Publ lc) My Co~ission Expires: -3- SEP 2 8 1999 Utility Provisions for Conditional Uses and Rezones 1. NAME: Willia~ 2. ADDRESS: 8657 N. Gilmore Fairfield. Ohio 45013 3. LEGAL DESCRIPTION: PHONE: 513-874-$400 NE 1/4 of NW 1/4 of Sec 31, Twp 49S, ppg. 26 E 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl~ system): A. COUNTY SYSTEM X B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TREATMENT PLANT CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): ae B. C. D. COUNTY SYSTEM X CITY SYSTEM FRINCHISED SYSTEM PRIVATE SYSTEM NAME: 6. TOTAL POPULATION TO BE SERVED: 392 (157 homes) 7. PEAK AND AVERAGE DAILY DEMANDES: 1. WATER-PEAK 6288 qph 2. SEWER-PEAK 4900 qph AVERAGE DAILY 60.368 AVERAGE DAILY 47.040 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: 1/1/2000 9. 'provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared by a professional engineer. -1- AGENDA ITF~ SEP 2 8 1999 10. A statement, in writing, signed by the owner should be provided agreeing to deed to the County Utilities the water distribution and ~sewage collection facilities within the project area upon completion of =he construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Community Development Division. The statement should also contain agreement to.dedicate appropriate Utility Easements for serving the water and sewer systems. APPROVER: COMMENTS'. FOR OFFICIAL USE ONLY DENIED: UTILITIES ADMINISTRATOR -2- SEP 2 8 1999 William J. Minielli 8657 N. Gilmore ri Fairfield, Ohio 45014 To Whom It May Concern: Re.' 40 acre tract NW ~/4 of NE ~/4 ofNW ~4 and NE ~/4 of NE ~/4 ofNW ~/4 and SW ~/n of NE ~/4 ofNW ~/n and SE ~/n of NE ~/4 ofNW ~/4 of Sec. 31, Twp 49 S, Rng 26 E Collier County, FL I hereby authorize Terrance L. Ke. Fple, Kepple all zoninl~ an/~r~ for the ~renced parcel: The foregoing instrument was acknowledged before me this~._~y of ~aa:~1998, William J. Minnielli _who is personals,,..knf;twn to me. or has produced ' ~ as ~dentification. Engineering, Inc. to act on my behalf in securing ; .....Notary Publ My Commission expires: ff?~/,/3,~lh_ _.1., Notary Public, .State of OhiO My Commis.~on Expires August 21 2O02 i-_;:::_:;:._::c by SEP 2 8 1999 3806 Exchange Avenue * Naples, Florida 34104 · (941) 403-1780 · Fax (941) 403-1787 Minnielli Rezone Project Location The Northeast Range 26 East. 1/4 of the Northwest 1/4 of Section 31, Township 49 South, Abutting Briarwood PUD on the South and West, Golden Gate Canal on the North and St. Clair Shores on the East Project Description Proposed single family development designed in accordance with the Collier County LDC for RSF-4 development. Project area is 39.36 acres Internal streets cannot connectto adjacent property to the North, South or West due to existing physical (canal to the North) and PUD (Briarwood has private streets) requirements. It has not been determined if the internal streets will be private or public, at this time. The proposed density will be conaistent with the LDC and the Growth Management Plan for this area, which limits the density to a maximum of 4 units per acre. The preliminary site plans at this time show between 3.5 and 3.8 units per acre. This number will not be finally determined until all environmental and engineering studies are completed and the project is submitted to Collier County for Subdivision Master Plan approval. The project is currently proposed to be completed in on~ phase, however, market constraints at time of development may require phasing. Lighting The project will provide street lighting in accordance with the LDC and will be so installed as to not interfere with adjacent neighbors. , AGENDA ITEM ~k3.,~~ SEP 2 8 1999 Mileage to Sheriff substation - 4.7 miles to main office Fire station - 3.1 miles to Davis Blvd. station School Elementary - 4.6 miles to Shadowlawn Elementary Middle - 3.1 miles to East Naples Middle High - 7 miles to Lely High Park - 3 miles to Golden Gate Community Park Reasons to approve The proposed project is surrounded by residential development and is not in agricultural use at this time. The current owner does not wish to convert the property to agricultural use and due to its location and size, it is no longer suited for such. The only logical use would be residential and due to the nature of the area to the East, single family is most suited for the project. Since the project can only support a limited number of homes, due to size, it is not necessary to create a PUD zoning district since the RSF4 district regulations would be provided within the PUD document 3806 Exchange Avenue * Naples, Florida 34104 ** (941) 403-1780 * Fax (941) 403-1787 Minuielli Rezone Environmental Impact Statement Request for Waiver At this time, we request a waiver of the ElS since we are only rezoning the property and will provide a ElS at time of requesting Subdivision Master Plan approval. At that time the preliminary engineering and environmental studies will be incorporated into the proposed plans. AGENDA ITE~ SEP 2 8 L°99 3806 Exchange Avenue · Naples, Florida 34104 · (941) 403-1780 · Fax (941) 403-1787 Minnielli Rezone Traffic Impact Statemem Request for Waiver At this time, we request a waiver of the TIS since we are only rezonin$ the property and will be required to provide a f'mal TIS at time of requesting Subdivision Master Plan approval. At a maximum (4 units per acre) 158 single family homes could be built in this project. At 10 trips/day/home, the project would generate 1,$80 trips (790 entering and 790 exiting. AGENDA ITEM SEP 2 8 1999 Pg. c'~. Minnielli Rezone II .~Napl~s J 13.00 0c407 'W~~Tw in$ So~h AGENDA ITEId ,. W'ORTGAOle 3345 ;: · Ce, · .ti ~' A.D. 1c~'.7~ ~, BY BILL MINNI~LI a0d PA~DINE Y. MINNIELLI, hunb~ud andi[vif,,, par,. hereinafler eail~d tho Mortgagor.IL, ~o .................................... , ...\r' I:'RO ~¥:R TIES of t~ ~ond ~r~ ~in~e ~11~ t~ Mo~n~o. WITN~H. That ~o~ dlv~ ~ ~d v~lunbl~ consMoznOon. ~ of ~he a~gte~t~ sum na~ in tho ~r~l~y ~mt.e~ of ~v~n dn~ h~. hotMn~t d~ icrlbed, th~ maid ~o~agor. anna grant, barga~, fill, alien, ~, convey and tract ~ land, nf which tho oaid Moflflgot_.~ .... no~ MJ~d ~d l:]d J~ ~¢tuIZ po~enion, i~l~ l~_ , CoLlier , ,County, State o( [:h,~nfln. described am follows: 'Ihs North~eot Quarter (NW~) of Northeast Qu&r~cr (Ng~) of ~orthwest G,,arler (~W:}; and Northwesl Quarter {NW~): and The Southwest Quarter (SW~} of Northeast ~uartor (Ng~) ot ~otthwest Ouarter (NW~); and The Southeast Quartet {Sg~) of Northeast Oua~tor (N~} o~ No.tthwost Q, nrter ali in Section Thirty-One [3X), 'to--ship 49 South, Range Z6 aggrcgate of the said parcels containing forty (40) acreo, more or lean. ~ul)ject to Powcr Line Easement in tavor of Florida Powor and I,~ght' THIS 1,.% A PURCH~E-MONEY MORTGAGE GIVEN TO SECURE THE PAYMENT OF AN UNPAID BALANCE OF THE PURCHASE PRICE ON THE SU~J DY THE P~OMiS~RY ~TE ~EFERR~D TO ON THE PAGE NEXT YOI,I,~)WIN(;. AiGENDA ITEM SEP 2 8 1999 TO HAVla AiqD ~'0 llOL~) ~he la]Be, toletber wi~ ~e ~pemen~ h~ea~ and ~ppu~enance~ 'unto. the aa~ Mo~qee, ~ i~ ~cc~o~ and ~, ~ fee ~mple. AND the ~d Mort~or~ for them.olve., ~ and their heJr~. legal re~oeentaUvu and eu~e.ore, legal reprmn~v, and ~ ~a~ ~fd ~o~qor~ a~e ~o~gag~. ib ou~ leg~ ~p~eo~vm ~d mf~o, st all fire. ~oabl~ ~ quiet]~ t~ on~r u~n, hold ~cup7 ~d ~o~ ~lt Mid Mo~ofor~ their he~ and lqli ~pmentsffves, wiJ] rusks ~h f~er mur- anc~ to p~l~ the ;se rumple fine ~ said l~ in said Mo~qee, ib ou~ lef~ re,re. he~b~ fully w~ the ~o ~ .id land and will do;end the some P~OVIDED A4~AYS, ~at K M~ Xo~or~, ~eAr heJrd, lelsl ~prmnhUvcs o~ ~ ~11 ~ uflM the ,sid MorqqH, i~ succlm, la8aJ repmen~v~ or mipm, ~e ~h pro~o~, note~ o~'which ~o' ~oi]owin8 In words and ~isurM As a ~.. ~e copy ~ to-dO: GAC PROPeRTIeS INC, a Florida cor~ration , ~ Seven (7%) annum .. ,/commencing .... ~,,.~ montJ~/ ~ J~ ~ ~gu.~, )y A . ~.p~y~blc.thor~t~r On thc ~ .amc d3~; '0['e~'(~h'.ubeequent ~on~ o/ ...... Miami. Florida 33J3~ ~me dayof cachmonth, ax stated a~vo, d~ring the term hereof. This obligatlor, m~tur~s ten years after dat~. This obJigntion i8 limited to the socurity of the ~nd and ~e purchase- s.ay mortgage nimuttaneoualy herewith ~iven to payee by undersigned makor. A~ no tinge maker be he~d personally JiaMo on the subjoct indebtedness., but he obi2 be li&b~e for ~to of forocAosuFe proceedings lfld Fcaoon~bJe ~*t~rney'o foes if the obli~atiou bu~omes ,' ~inquont and ~yec t0 ~equired to commence proceedings in forocloeure on the sflcuri~y. note may be pre.id ~t any ti~e wit~ut penalty or promium theFefor, ~t ~y p~r~ia] ~epa~efl~jl~c alkali ~L waive ~lder's right at a~ ~h~ou to receive moflt~y ~ymonts of the 9e-stat(.d ~mouwt ~s tfley come ave. . . . . _ . .t. ~.(d~ wbMMb~Me ~l relorrea~a~ve. . . *~Purc~sc-money (~, b~by c.st~ ~ill eom and b ~il nd v~. AND the mid Mor~agor. u, for,~ ..... ' their bMra, |q81 roWu~nttUvU lid asd~ AGE24DA ITEM SiP 2 8 1999 v~o o[ ~ pr~m~r~ note ~ ind ~b de~ or erbar, D~mpU~ on ~o diy8 r~peeflv~7 · e nme ~veril~ ~omo due. ~. ~o ~ all &nd sin~lsr the ~xo~ ~~ le~ liebflf~m, obl~sffons Mid Jn~um* br..cu o~ eye~ nitro on ufd d~rJ~ p~p~, uch and evi~, s~ ~ ~e simo h not ~mpU~ p8~o ,old Mo~af~ ]b su~, ]~1 rop~nt&U~u ~ ~ mo~ at ~o ~F ~e Mrna withou~ w~f or ~r~ ~, op~on ~ r~lm ~ inF ~ht he.under, and evo~ payment so made shsiJ beer Jn~r~ ~m ~e ds~ ~,~r 8~ ~. ~ or T~. ~F cenL ~r tunum. 3. To p~ all and aln~iir ~o c~, ~h~m and ex~ includ~ layoff te~ ~nKbJ~ fncu~d or psM a~ an~ ~e b7 ~fd Mo~a~e, iM au~cos~, ie~l ~p~n~tlv~ or roMo~vu or maim ~ porto., compl~ ~ ~d abide by e~h ud ovo~ tho q~me~. ~dlfloM lad cave.nb ~ ~d ~~ not~ and ~b d~. or el~er, sud .e~ ouch ~ont shll b~ b~ f~m ~ it the ~te of~l..~ cu&. ~r annum. 4. To k~p the buildfnp sow ~ ho~br m ~M land ~ed In a nm ~t lm moftRaee b~lance Dollm. In a company ~ c~p~ ~ proved by Mid Mo~gqee, sad the policy or ~lf~m held by and payable i~ eucc~ Jefnl ropresenhtlves or nui~ and In the oven* 8ny ~m of mo~oy b~omu able under such policy or polJci~ tho Mo~s~ lb fuceuon, lqnl rep~n~ffv~ or shall have ~e option M receive and 8pply the Mine on account or *be tndob~n~ h~oby cu~ or ~ pe~it tho Mo~a~rL to ~cef~.e sad uso It or any pa~ th~oof for o~er purpose, ~thout he.by waivifl[ of ~pairin[ any ~ul~, lien ~ ~rht under or by vl~ue of ~b mo~ ~qe, and may place and pay ~or ouch ~neur~co ~ any ~ ~e~of wither wai~nf or ~ee~lnf · o op2on ~ fo~cl~ or nay ff~ht h~under, a~ ouch and ovo~ neb ps~ent shall bear retest f~m d~ ot the rnto of Ten ,(l~er e~ Poe annum. 6. To pe~Jt, commit or surfer no w~, lm~l~eflt or de~ora~ of sam peopor~ G. To ~o~, comply ~, md abide by ~ and ev~ the ~u~a~ a~eemen~, c~oM nad co~enenb in mM ~mMo~ no~, ~ Jn thb do~ ~ 7. ~ ~7 of ~ld ou~ ~ m~e7 herein r~o~ ~ h n~ p~mpflY aK full7 paid Tl~rty {Mb~ nu~ ~ t~ ~e Nv~17 ~ome due and payola, ~ ~ ~ch tad the sOpuliffo~ a~eemen~, e~o~ a~ ~v~b of ~ p~m~ no~ spd thb d~, or ef~, ~ not ful)~ p~o~, compiled ~ oud sbMod by, ~o ~d s~ sum tioned In uid ~~ noM~ shill bKome duo nd payible ~o~hw~ ~ thiner At doll~ w~o ~&lly s~Pulited ~ b paM on ~ d~, ~y~inr in ~ p~m~ no~ or huroin ~ ~e ~n~a~ no~w~ndJnr. SJ.l~ed. seaJod and. delivered in tho prasenee of: 1 .d, .~~~ *o~ o. bafor$ Febru,.ry of lech y~r fi~'fhe prior yesr'o eaJrot ami proof M paysmmt s~bmtttod to 2 8 1£99 565 1. ~n of~k;or authori~e~t I~ lake ~ow~gm~n~ of d~ ~ ~ ~ laws of ~o mkM ~d aekMvi~t ~ ~ ~o h~du~ d~ m ~ wb ~md ~e MM mo~. AND I ~RTHn ~T~ ~nt ~--~'~'~" ~- b bwa ~ me M'b the w~o ~- ~_~ '~- and ~et ~o ~, ~y ac~w~'~ a~ ~o~ mo. ~ ~ .s~ 'from' hot mid hu~. ~st ~o uocu~ ~o ~ ~8~ deed for abe p~ or ~~ ~ r~ s~nin, app~be~ ~ fear of ~ r~m b~ h~. JN WIT~ WR~F, I ~ ~t ~' bsnd and ~f~h] a~ a~ - tovolio k~ao Isaacs I~ofary Pub'ic I:or 8,ll~.r C~.unty, .(~hlo : .<':.;i,'c~ i;¢c:,,'aiMr I1, 19: ~A ITEM 7 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9631N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED WEST OF SAN MARCOS BLVD IN SECTION 31, .TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "RSF-4(.8)' FOR SINGLE FAMILY RESIDENTIAL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Terrance L. Keppl¢, P.E. of Kepple Engineering, Inc., representing William Minnielti, petitioned thc Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" to "RSF-4(.8)" and the Official Zoning Atlas Map Numbex 9631N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions described by Exhibit "B", attached hereto and incorporated by reference herein. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. AGENDA ITEM SEP 2 8 1999 .,. ¥& 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 PASSED AND DULY ADOPTED by the Board of County Commissioner~ of Collier County, Florida, this __ __ day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: PAMELA S. MAC'KIE, Chairwoman APPROVED AS TO FORM AND LEGAL SUFFICIENCY !M~ORIE M. STODENT ASSISTANT COUNTY A'ITORNEY ~/mdmm/su~/g-99~7 REZONE ORDINANCE/ SEP 2 8 1999 $ 00'08'30" )' Exhibit B R-99-7 Subject to the following conditions: 1. The subject site shall be rezoned to the RSF-4 zoning district with a maximum permitted density of 1 dwelling unit per 1.25 acres. Prior to preliminary subdivision plat approval for the first phase, the petitioner shall conduct an intersection analysis consistent with the Highway Capacity Manual (HCM) standards as a stop condition and as a signalized intersection for the intersection of Radio Road with San Marcos Boulevard. If in the opinion of the Transportation Services Director the result of the analysis reveals the need for intersection improvements, the petitioner shall be solely responsible for the required improvements including but not limited to signalization and geometric improvements to the intersection of San Marcos Boulevard and Radio Road. These improvements shall be made prior to final subdivision plat approval. The petitioner shall submit an environmental impact statement (EIS) at the time of next development order submittal. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. Owen Road shall be improved to all applicable County Land Development Codes and roadwaystandards prior to the issuance of any Certificates of Occupancy for any development on the subject property. The design of the subdivision should establish an interconnection with the abutting Briarwood PUD. AGENDA I~F..M / SEP 2 299 J P~.~ CCI~UN I TY DEVEL©Ph~EN F~GE ~2 PC.../ In response to, K-99.-07, Terr;lnce L. Kepple, ~.5., of Kepp]e Engineering, Inc. representing William Minnielli, request~.ng a rezone from "A" to "RSF-4" for 157 single family ~w~l!ino units for property locate, ct west of San Marco$ Blvd., i~l SectiOn 3], Township 49 south, Range 26 £a~%, Collier County, Florida, consisting of 39.36~ acrgs. , FOR TMZ OAFETY OF OUR CMILt%R~.N First of all, we woul~ like to keep this property zoned A or KSF-1 (one ho~e p~ ~cre) for our ~mtate property. We, the prope£~y ow/ler~ on San Marcos Blvd. and surrounding area~ would l&ke ~o Reep the tra~fiw du~n to a min~m~4n. We purchased this property in hopes [o provide a safe neighborhood to fa%ss our families. We think 157 family homes would create a t[affic number o~ 628 trip.~ nD and down San Marcos Blvd. not including children drivers plus vistors. If you are to permit re-zoning, we, the property o~ers, do not want san marcos b!v~. %o bc the mntrance .tn the large develop~ent. S EP g 8 1999 Sop 15 99 ll:O~a ke?e C:C:M?UIq I TY CEVELOPNEN 841-643-13~0 in response :-.o, R-99-07, Tea'rance I,. KeppJe, I'.E., of Kepp]e Engineering, Inc. aepreseDttng william MJnnlelli, rec~ue:~ting a rezone from "A" to "RSF-4" for 157 single f~mily dwclling ~nzts for proper~y located w~st of San Marcos Dlvd., in Section 31, Township 49 South, .Range 26 East, Collier County, Florida, consisting o.~ 39.36. du;~. FCA THK ~AFETY OF OUR CHILDREN Virst of ali, we would l~e to keep this property zoned A or RSVp-1 (one house per acre; for our ~state property. We, thm Droperry owners On San MsrCos Blvd. and surrounding a:ea, would l~ke to keep the traffiJ down w~ purchased this property in ncp~s ~o provide a safe neigl~orkood to ra~Ke our families. we th'ink 157 family homes would create a ~raffic nu~%ber cf 628 trips up and down San M~rcos Blvd. not including children drive:$ pi.us vlstors. If you are %o permit thi~ re-zoning, we, the propGr~y owe. ers, do not want san blv/. to be L_h~n~e to tho large development. ~¢~ -'q ..... _ ..... ¢ . _, ., SEP 2 8 1999 CCI'".rv~LN I TV DE'v'ELC~PWEN 841-643- 1370 FaGE 84 t.) / in r~sDon~, to R-99-07, Terrance L. Kcpple, P.E., of KE?FI,E engine,ring, Inc. repre~onting requesting a rez~n~ from "A" TO "KSF-4" for 157 single ~ily dwell±n~ UDitK for prope~tV located west of San Marcos Blvd., in Section 3t, Township ~9 5oukh, Kange 26 Sas%, Collier County, Florida, consisting c~ 39.36~ if you ar~°permit the rezoning of %kls location fur Wlill~Minnielli, w~ woul~ like opport,nity to rezo~e~rl~rop.r,y at o,r w,]l. Thank you for ~our .~.,,-, ,,,UI'~...T ,¢ [TE'vELCFNEN 941 -6'3- 13'70 F,--,GE In ze~ponsa tn, R-99-07, Terrance b. Kepple, P.E., o£ Kepple Engineering, Inc. representing W~tilam Minnie!Ii, requesting a rezon~ from "A" to "RSF-4" for 157 single f~uily dwelling un£g~ lot property located west of San Marcos Blvd., in Section 31, Township 49 South, Range 26 EasE, Collier County, Florida, consisting of 59.36+ FOR THE -~AFF. TT OF OUR CHI[iDr~EN !1, rsE of a wc would like to keep %his property zoned A or RSF-1 (one house per acre) for ou~ -.stat~ propcrty. We, the property owners on San Marcos Blvd. and surrounding area, would like to keep the traffic down ~o a ~inil:~u/n. We purchased this property in hopes [o provide a safe neig?~orhood to ra{~ oor families. We th'ink 15~ family homes would create a traffic nuafoer of 6~8 trip~ up ond down San Wart, s BlVd. not including christen ~river~ plus vistors, if you are to permit thi~ re-zoninp, we, the property o's. ere, do not want sen marcos to thc large development. SEP 2, 8 'I999 ,,,., 5',3 -? Z] l~? 1Z'iS S~1~$2S55 CCI,'II,%i'q i T Y DEVELOPk',EN P,~GE I~ r¢~ponm~ Lo, R-gq-07, Terrance L. Kcpple, t'.g., o~ Kepple gngineering, Inc. represenLing william M~nnlelll, ~eq~Jestlng a rezone from "A" to "r{SF-4" fo£ 157 single fmmlly Gw~lling un&ts for prope~Ey located w~s% of S~n Marcos Blvd., in Section 32, Townsh3p 49 South, Range 26 ~ast, Collier County, Florida, uon$istlng of 39.36+ acres. FOB THE SAFETY oF ouK eMIl,PREeN FirSt of ~ll, we would like to keep this property zoned A or R5F-1 (one house per acre) Ior o~r emtote property. we, the property owners on San Marcos Blvd. and s~rrounding area, would like to keep th9 %faille down to a minimum. we purchased this property 2n hopes to provide a ~afe nei~b~borhood to ra%~e our fa/~itie$. We think 157 f=mily homes would create a traffiu nu~be~ o~ 628 ~rlu~ up ~nd down San ~arco~ Blvd. ~ot including children drivers plum vistors. [f you are to ;er~nit this re-zoning, we, the property o~ners¢ do not want san marco$ cb!vC'~~t° be the en~r~n~ ~o th~ i~ge de~.%oDment.~ ~'~ SEP 2 8 't999 ~e~, 15 9~ ].1~05~ ke~e ~ar- CJf',"I,~LI'-IT'Y DEVELOPIVEIq ~41 -643-1370 PAGE 87 in response "Co R-99-07, Terrance L. K~pple, P.E., of KE?PLE engineering, /nc. representing wi]lla~s Mlnn~elll, requesting a rezone from "A" TO "BSF-4" for 157 single family dwelling units for property located west of San Marcos .qi. vd., in Section 3i, Township 49 South, aange 26 East, Collier County, Florida, consisting of 39.36* acres. ,'f you are permit the rezonlng of this location £~¢~ william Minni~lli, we would like the opportunity to rezone our p~updrty at our will. 7hank y~u for your consideration. /77I f !?.It SEP 2 8 1999 EE~VL!qITY DEVELOP~EN In response to R-99-07, 'i'errance L. Kepple, ~.~;., of KE'~:P!.W. enOin¢,~r~ng, Inc. re~re$cn%in~ w~ ]liams Minnieili, request, lng a rezone £rolr~ "A" TO "RSF-4" for 157 single family dwelling units for prOPerLy locatcd west of san ~¢orcoc Blva., ~n Section 31, Township 49 ~outh, Range 25 Eas~, Co].lier County, Florida, consioLing of 39.36+ acre~. ;f ycu ~r ~ermit the rezon';nq of th'is location for William Mlnnzelli, we would like the cppor~,unlty to rezone our proper%y at .~uz will. _-hank you for your consideration. EXECUTIVE SUMMARY APPROVE THE RATE RESOLUTION TO ADJUST LANDFILL TIPPING FEES, RESIDENTIAL ANNUAL ASSESSMENTS AND COMMERCIAL WASTE COLLECTION FEES. OBJECTIVE: To obtain Board of County Commissioners approval for a Rate Resolution to adjust landfill tipping fees, residential annual assessments and commercial waste collection fees. CONSIDERATION: Annually a Solid Waste Rate Resolution is brought forward to establish the updated rates to be charged for the new fiscal year beginning on October lst The general tipping fee for waste disposed in the lined cell is increased by a consumer price index of 1.6%, increasing the rate from $26.64 to $27.07. For comparison the average landfill tipping fee identified by the State of Florida is $42.47. The tipping fee for construction and demolition debris (C/D) is proposed to increase by 6%. The increase is due to additional costs in C/D recycling and the separation of drywall and trucking expense for shipping the drywall to the Waste Management, Inc. landfill located in Broward County. The C/D rate is proposed to increase from $21.31 to $22.62. The average tipping fee for C/D in the State of Florida is $32.06. The tipping fee for yardwaste, referred to as biomass in the rate resolution, is proposed to increase by 39%. The increase is due to adding the additional process of screening the material to separate the fine and coarse fractions. The screening process is necessary to produce a coarse wood product usable as boiler fuel. In past years unscreened mulch was blended with soil and used as daily cover. This practice is no longer allowed by the Department of Environmental Protection. The biomass rate is proposed to increase from $14.39 to $19.94. The average tipping fee for biomass in the State of Florida is $30.16. No increase has been applied to the curbside collection fee portion of the annual residential assessment as per the franchisee's agreement with the Board to freeze collection fees for the remainder of the contract term (September 30, 2001). The disposal portion of the annual residential fee has been decreased from $32.23 to $31.67. The $0.56 decrease is due to the 1.60% CPI increase and a 3.41% decrease of the per ton generation rate for residential units. Rates for franchise commercial activity have been increased by the April CPI of 2.26% as required in the franchise agreements. The proposed residential rates are given below. The proposed commercial rates are included in the attached rate resolution. SEP 2 8 1999 Included in the rate resolution is a provision for authorizing the County Administrator or his designee to waive fees for neighborhood and right of way cleanups as an efficiency measure and a means to en6ourage litter cleanups generally. Currently each request requires an executive summary and Board of County Commissioners approval. The fee waivers cost estimate is $20,000 annually. Backdoor service for Service Area One has been deleted, consistent with the implementation of the automated cart system and the associated March 23, 1999 Board action (16)(B)(7). Backdoor service for medical need remains in effect at no addition~! charge to the base rate. A special request backdoor service is included for $350.00 annually (in addition to the regular annual assessment) for requests for special circumstances. A paragraph has been added addressing ownership and replacement of the standard containers used in the automated system for Service Area One. A fee for additional standard containers has also been added to address requests from customers who opt to use a second standard container rather than the currently permissible use of garbage bags when the customer has excess waste. The fee will be equal to the franchisee's cost of the container (currently approximately $50.00) plus a $5.00 delivery fee. RESIDENTIAL COLLECTION AND DISPOSAL FEES (Includes Collection of Recyclables) Service Area Number One: Curbside Twice/Week Present Rate Proposed Rate Collection $ 78.03 $ 78.03 Disposal 3223 31.67 Annual Fee $110.26 $109.70 Service Area Number Two: Curbside Twice/Week Present Rate Proposed Rate Collection $ 80.59 $ 80.59 Disposal 32.23 31.67 Annual Fee $112.82 $112.26 Backyard Twice/Week Present Rate Proposed Rate Collection $107.43 $107.43 Disposal 32.23 31.67 Annual Fee $139.66 $139.10 Category General Wastes Special Wastes C&D Tires/8 pieces Whole Tires Car/truck tires 15" or smaller Car/truck tires 16" or larger Biomass Processed Biomass 2" or less Clean Fill less than 6" in size Clean Fill greater than 6" in size Special Waste I Special Waste II Special Waste III Transfer Station Fees Auto use less than 'A cubic yard Trucks/trailer more than '/2 cubic yard Car/truck tires 15" or smaller Car/truck tires 16" or larger LANDFILL TIPPING FEES Present FY98/99 Rates $26.64 per ton $21.31 per ton $26.64 per ton $90.58 per ton $1.00 per tire $4.00 per tire $14.39 per ton $ 7.20 per ton No Charge $4.26 per ton Apr. 99 CPI 1.60% 6.00% 1.60% 1.60% No Change No Change 39.00% 39.00% 1.60% $133.20 per incident* $26.64 per ton** $10.66 per item $4.25 per car $8.50 per cubic yard $1.00 per tire $4.00 per tire Proposed FY 99/00 Rates $27.07 per ton $22.62 per ton $27.07 per ton $92.03 per ton $1.00 per tire $4.00 per tire $19.94 per ton $9.97 per ton No Charge $4.33 per ton $135.33 per incident* $ 27.07 per ton** $10.83 per item No Change $4.25 per car No Change $8.50 per cubic yard No Change $1.00 per tire No Change $4.00 per tire *Plus 2 times applicable base rate. *'2 times applicable base rate except sludge at $20.76 for Collier County Utilities. .o./'4. (e ) C t) SEP 2 8 1999 PG. ~ FISCAL IMPACT: The proposed increase will affect Mandatory Customers as follows: 1998/99 Assessment Rate: Freeze on collection rate Decrease on disposal fee 1999/00 Proposed Assessment Rate Service Area One Service Area Two $110.26 $112.82 .00 .00 .56 .56 $109.70 $112.26 GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve a Rate Resolution to adjust landfill tipping fees, residential annual assessments and commercial waste collection fees. SUBMITTED BY: ,/// ,/ ,,/ // David W. Russell, Director, Solid Waste Management Department Date: APPROVED ~~ator n0._/~ SEP 2 8 1999 PG. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 17 19 21 22 22 27 25 29 20 2! RESOLUTION No. 99- RESOLUTION SUPERSEDING RESOLUTION 98-393 AND ESTABLISHING THE FEES TO BE CHARGED FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84-31. WHEREAS. The Board of Coun .ty Comrmssioners through County. Ordinance No. 84-31 has implemented the user fee s).'s-lem for solid waste to all public and private users. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNq'Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ti'mt SECTION 1: Resolution No. 98-393 is hereby superseded in its entirety. SECTION 2: The following f~ schedule is approved for all users of the Collier Counn.' Solid Waste facilities: Landfill Fees: Ail f~_s are Imsed on certified scale weight, per cubic yard fee. or per tire f~. No Mixed loadm of biomass (land cteanng, plant trimrmngs and _mass cuttings) and other waxte slmll not be accepted. General Wa~es: $27.07/ton Special Wastes: $22.62/ton for Cons'rn~ct.ior~,Demoiition Debris. 527.07/ton for tires cut into 8 equal pieces. $92.03/ton for whole tires. Car or u'uck tires: S4.00/Ure I6" or larger s;ze ~no chang: from FY99). Car or truck m-es: $1.00/t/re 15"or smaller size (no change from ?-Y99). Large tracIor or he_ax?, equipment tires on per ton basts only. $19.94/ton for Biomass. $9 97/ton for processed B~omass 2" or tess ~n s;ze. No clmrge for :'lean fill material suitable as daily cover less than 6 inches m s~ze. $4.33/ton for clean material suitable for use as bacl,~ill ~eater than 6 inches in size. Definitions of Special Wastes: Soeciai Waste I: Difficult-to-handle material reqmring pre-acceptance s~te preparauon (exaanpie: asbestos, ash. poxvders). $125.53/incident. plus 2 umes applicable base rate. Soezial Waste II: Waste reqmrmg special acceptance procedures, but no special srre preparauon Two nines applicable base rate. except sludge :~: $20 76/ton for Collier Count5.' Utilit/es. Special Waste lie Wasms that are prohibited by law or re~iation for the land.fill, but are deposited at Landfill working area and must be removed by contractor (example: whole tires, whim goods, lead-acid batteries) 510.83 per item. .0./2 re) c9 SEP 2 8 1999 PG., ,5',, Transfer Station Fees (No chan~e from F'Y99 Rales): $4.25/use/automobiles and smuon wagons both full-size and compacts (less than ¢. cubic yard) 2 SS.50tcubic yard/trucks, trailers, vans (volume rounded to nearest yard) (more than 72 cubic yard) 4 Car or truck tires: $4.00/tire 16" or larger nm size. Car or truck Utes: $l.00/tire 15" or smaller rim size. Large tramor or heax~' equipment tires accepted only at landfill. WAIVER OF FEES FOR LITTER AND CLEAN-LIP PROJECTS Waiver of disposal fee, s for communi~' and neighborhood clean-ups and right-of-way clean-ups by ! 0 volunteers or Count' agencies requested in advance ma.',' be approved by the Count>.' Administrator or his designee. 12 RESIDENTIAL COLLECTION AND DISPOSAL FEES 13 (Includes Collection of Re~,clables') Ser¥ice Area Number One: 14 Curbside Twice/~ eek Collection Fee S 7803 -Disposal Fee 31 67 =3mnual Fee $109.70 iS 20 21 22 24 27 2~ Special Request Backdoor Senaze - Sen'ice .4.rea Number One: $35000 per 3'ear in addinon to file annual assessmem for tile unit. Semice .Area Number Two: Curbside Back3'ard Tw/ce~x~ eek Tx~sce./week Coile:Uon Fee $ 80.59 $107.43 ~-Disposal Fee 31.67 3t 6'7 =.Annual F~ Sl 1_._6 $139 i0 Rec~'clin~, Bin Fees: Eacl~ residential unit is provided an initial bin at no charge by the Counu'. Replacement of bins due to normal wear will be provided by the Franchisee at no charge to the resident/al unit. Unsen-ic~ble bins must be presented in exchange for replacement bins. Replacement of bins clue to loss or negligence of tile residennal unit. to be pald for b) the customer at a cost of $5.00 per bin. Bins must remain with the residenual unit regardless of ckange of unit ownership. Standard Container F~s: 21 Each residential unit is provided an init/al container at no charge to fl~e umt owner. Containers will remain v, ith the resident/al unit regardless of change in unit ownerslfip. Replacemem of containers due to normal wear x~511 be provided by the franchisee. Unseniceable containers must be presented for 24 25 exclmnge. Replacement of comainers due to loss or negligence of the residential unit will be paid by the custotner in an amount equal to the franchisee's cost for the container, plus a S5.00 deliver?.' fee. Each AGENDA ITEM . .o. SEP 2 8 1939 2 7 lC 12 i2 i7 22 21 22 22 25 2~ 27 2~ 22 23 customer is entitled to one change of container size at no additional cost. A deliveD' charge of $5.00 will be paid by the customer for additional changes in container size. Customers requesting an additional container will pay an mount equal to the fmnchisc~'s cost, plus a $5.00 delivery fee. COMMERCIAL COLLECTION AND DISPOSAL FEES Setwice Area Number One: - Mandatory multi-farmly rem.'chng collection fee is $.92 pcr-Umt per-month. Sen~ce Area Number Tv'o: - Mandatory multi-farmly recycling colleCUon fee is $.95 per-mt per-month. Commerzial Disposal Fee: See Attached Schedules (4 pages) - Attachment No. 1 SECTION 3: The effecuve date of ttds Resolution shall be October i, 1999. This Resoluuon adopted this 28th da5' of September. 1999 after mouon ~'mond and majont)' vote. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY CONfikffS£1ONERS COLLIER COL.'NTY. FLORA P.kM:ELA S. MAC'K.~_ CHAIRWONL('< Approved as to form and leg~ sufficienc/: David C. Weiget, Cotm~' .o.O SEP 2 El 1999 Attachment No. 1 Page 1 of 4 EFFECTIVE DATE 10/1/99 SIZE FREQ. PER W'EEK RATE SCHEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT OF COLLIER COUNTY. INC. BULK CONTAINER COMMERCIAL RATES PER MONTH COLLECTION DISPOSAL TOTAL 2 CU.Y'D. 1 69.34 12.98 82.32 2 111.38 25.96 137.34 ~ 146.34 38.94 185.28 4 209.73 51.93 261.66 5 218.60 6491 283.51 6 255.92 77.89 353.81 4 CU. YD. 1 88.87 25.96 114.83 2 164.70 51.93 216,63 3 219.18 77.89 297.07 4 284.33 103.87 388.20 5 344.76 129.82 474.58 6 418.20 i55.78 573.98 6 CU YD. 1 128.5~ 38.94 16748 2 203.78 77.89 281.67 3 315.74 116.84 432 58 4 386.22 155.78 54290 5 499.35 194.74 69409 6 580.49 233.67 81~ ]6 8 CU 5T). I I45 76 51.93 197 69 2 260.64 105.87 362.5i ? 367.27 155.78 523.05 4 483.34 207.70 691.04 q 588.77 259.65 848.42 6 713.15 311.57 1.024 72 EXTRA CONT SERV 1794 PER PICKL? 3585 P~A PICKUP 5377 PER PICKL? 71.69 PER PICKU'P Restar~ Fee: S59.26 Attachment No. 1 Page 2 of 4 EFFECTIVE DATE 10/1/99 SIZE FILEQ. PER 2 CU. YD. 1 3 5 4 CU YD. 6 2 4 5 6 8 CU. 5~. 1 2 5 6 RATE SCHEDULE FOR SERVICE AREA NO. 1 WASTE MANAGEMENT OF COLLIER COUNTY. INC. BULK COMPACTOR COMMERCL&L IL&TES PATE PER MONTH COLLECTION DISPOSAL TOT.M. 121.45 71.39 192 84 188.57 142.83 331.40 309.61 214.21 523.82 308.16 285.61 59377 307.64 357.05 664 69 368.96 428.42 797.38 214.88 142.83 35771 387.73 285.61 673,34 524.16 428.42 952.58 662.07 571.25 1.233.~2 799.44 714.02 1.513.46 938.59 856.85 1.795.44 3t3.33 214.21 52754 45188 428.42 880.30 729.27 642.64 1.2719! 85086 856.85 1.707.-; 1.i41.57 1.071.06 2.212 5Y 1.354.45 1.28527 2.639 -2 341.60 28561 627.2~ 578.75 571.25 1.150.00 814.86 856.85 1.671 7t 1.05248 1,i42,46 2.194.94 1.288.39 1.428.10 2.716.49 1.52Z30 1,7137I 3.24i.01 EXTRA CONT. SERV. 50.57 PER PICKUP '741 PER PICKUP ii&Il PER PICKLT PER PICKLT Restart Fee: $5926 SEP 2 8 Attachment No. 1 Page 3 of 4 EFFECTIVE DATE 10/1/99 RATE SCHEDULE FOR SERVICE AREA NO. WASTE MANAGEMENT OF COLLIER COUNTY. INC. ROLL-OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS EQU~IPNfENT SIZE 20 CUBIC YARD 30 CUBIC YA.RDS 40 CUBIC YARDS COMlaACTOR MONTHLY EQUIPMENT CHARGE $ 88.90/CONWA_TNER $100.75/CONTAINER $112.59/CONTAINER VARIES WITH EQLTPMENT HALrL CHARGE 588.90 - 14052/LOAD* $88.90- 140 52~q-OAD* 588.90- 140.52,,'LO)riD' $207 4 If'LOAD *Varies depending on distance from disposal sire. Roll-off.rates do not include disposal charges. Reinstatement charge for suspended serw'ice due to non-payment - 55926 per suspension. Recreational veNcle parks, mobile home parks and mobile home subdivisions that contract to receive curbside service shall pay the commercial standard container rate multi:lied by the number o£ rented or individually-owned recreational vehicles or mobile homes witNn such park(s) or subdivisions. SEP 2 Attachment No. 1 Page 4 of 4 EFFECTIVE DATE 10/I/99 RATE SCHEDULE FOR SERVICE AREA NO. 2 IMMOKALEE DISPOSAL SERVICE COMPANY BULK CONTAINER COMMERCIAL RATES SIZE 2 CU. Y'D. 4 CU. YD. 6 CU. ~ FREQ. PER WEEK RATE PER MONTH COLLECTION DISPOSAL TOTAL 53,33 I2.63 65.96 104.30 25.26 129.56 130,37 37.89 168.26 159.99 50.53 210.52 183.69 63.16 246.85 201.47 75.79 277.26 1 82.98 25.26 10824 2 154.08 50.53 204.61 3 219.24 75.79 295.03 4 278.48 101.07 379 ~ 5 331.81 126.32 458 13 6 379.22 151.58 520 80 i 148.15 37.89 18604 2 219.24 75.79 295.03 3 284.41 113.69 39810 4 343.66 151.58 49524 5 397.00 189.49 588.49 6 444.38 227.37 67]75 EXTRA CONT, SERV 18.47 PER PICKUP 36.91 PER PICKL'P 55 3'7 PER PICKL? Restart Fee: 559.26 EXECUTIVE SUMMARY CU-99-18, BLAIR A. FOLEY, PE, OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING ROBERT KEENAN, REQUESTING CONDITIONAL USE "24" OF THE "A" ZONING DISTRICT FOR A DOG KENNEL ON LESS THAN 20 ACRES OF LAND, IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.3+1- ACRES. OBJECTIVE: The Petitioner requests Conditional Use approval, per Section 2.2.2.3.24 of the Collier County Land Development Code, for a dog kennel on a parcel less than 20 acres in size. CONSIDERATIONS: The applicant requests a Conditional Use in order to construct and operate an indoor dog kennel on the 1.3+ acre site. A Conditional Use is required because the parcel is a legal non-conforming lot, less than 20 acres in size. The building will be constructed of concrete block, completely enclosing the kennels and attenuating noise and odor concerns. It will also serve as a "hurricane shelter" for pets. The dogs will be housed inside the building. Due to the relatively Iow traffic volume generated by the proposed kennel, and the fact that an existing road will be utilized, the traffic ingress and egress to the facility should operate adequately and with an acceptable level of safety. FISCAL IMPACT: If this petition is approved, the use as a kennel will have no fiscal impact on Collier County, except for impacts normally associated with development. GROWTH MANAGEMENT IMPACT: Since kennels are recognized as agricultural uses of land in Agricultural/Rural designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. The completed application for the Massey Street Kennel was received after June 22, 1999. However, kenneling is a use listed in the Land Development Code (Sect ~n ? ? 2~ in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the )etitio~t~-NDA ~TEM J SEP 2 8 1999 P~. // is consistent with the Administration Commission's Final Order. 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: This petition was scheduled for the September 2, 1999 meeting of the Collier County Planning Commission, however, the petitioner requested and was granted a continuance until the meeting of September 16, 1999. Since this Executive Summary was prepared prior to that date, the Planning Commission recommendation will be presented verbally to the Board of Zoning Appeals. Staff recommended that the CCPC forward petition CU-99-18 to the BZA with a recommendation of approval subject to the stipulations in the resolution. PREPARED BY: FRE'_D_..~EISCHL, SENIOR PLANNER CURRENT PLANNING REVlE~NED BYi CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: / "~ ,' ' '- ~-. ~/ /(2 VIN~I~NT A. CAUTERO, AICP DATE · COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-99-18 AGENDA ITEM SF_P 2 8 1999 Pg. ~'~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 11, 1999 RE: CU-99-18 PROPERTY OWNER/AGENT: OWNER: Robert S. Keenan Cynthia A. Keenan 485 19th Street NW Naples, FL 34120 AGENT: Blair Foley, PE Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: The Petitioners request Conditional Use approval, per Section 2.2.2.3.24 of the Collier County Land Development Code, for a dog kennel on a parcel less than 20 acres in size. LOCATION: The subject parcel is located at the corner of Massey Street and Woodstork Avenue (both private streets) approximately one mile east of CR 951, in Section 36, Township 48 · South, Range 26 East. The site consists of approximately 1.3 acres. AGENDA ITEM 1999 DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to construct and operate an indoor dog kennel on the 1.3+ acre site. A Conditional Use is required because the parcel is a legal non-conforming lot, less than 20 acres in size. The building will be constructed of concrete block, completely enclosing the kennels and attenuating noise and odor concerns. It will also serve as a "hurricane shelter" for pets. The dogs will be housed inside the building. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: South: West: Undeveloped property; zoned A Woodstork Avenue easement Sienna Avenue easement Undeveloped property; zoned A Massey Street easement GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Agricultural/Rural on the Future Land Use map of the Growth Management Plan. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore allowable land uses are of Iow intensity. A limited selection of land uses other than Iow density residential and agricultural is permitted. Among those are kenneling. Therefore, if the Board of Zoning Appeals approves a Conditional Use for a dog kennel, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. The completed application for the Massey Street Kennel was received after June 22, 1999. However, kenneling is a use listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the petition is consistent with the Administration Commission's Final Order. HISTORICIARCHAEOLOGIGICAL 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. AGE. NOA ITF.~ S7_? 2 8 1999 TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed kennel's impact on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: a. Consistency with the Land Development Code and the Growth Management Plan. Since kennels are recognized as agricultural uses of land in Agricultural/Rural designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. The completed application for the Massey Street Kennel was received after June 22, 1999. However, kenneling is a use listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the petition is consistent with the Administration Commission's Final Order. b. 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 and catastrophe. PRO: The proposed kennel shall have access off Massey Street. There is very little pedestrian activity in this area. CON: Traffic volume on this segment of Massey Street and on Vanderbilt Beach Road will increase, but not to a significant degree. ANALYSIS: Due to the relatively Iow traffic volume generated by the proposed kennel, and the fact that an existing road will be utilized, the traffic ingress and egress to the facility should operate adequately and with an acceptable level of safety. c. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The kennel shall house dogs inside, with no exterior dog runs. CON: There may be some barking noise that escapes the kennel, however, this should be minimal. Since a kennel is a permitted use on a parcel greater than 20 acres, there should be no detrimental economic effect. ANALYSIS: Due to the inside kenneling, there should be minimal effect on surrounding properties. d. Compatibility with adjacent properties and other property in the district. PRO: Kenneling is a permitted use on parcels greater than 20 acres in size. CON: Noise from barking dogs may be more noticeable on a small parcel. ANALYSIS: The dogs shall be kenneled inside the building. Therefore, it is staff's finding that the proposed use is compatible with adjacent properties and other properties in the district. A~_J'~A ITEM / SEP 2 8 1999 PREPARED BY: FRE~R~SCHL, SEN'OR PLANNER CURRENT PLANN'NG ~ROi,~ALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE R~B~RT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APeD BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-99-18 Scheduled for the September 2, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL J. BRUET, CHAIRMAN 5 AGENDA ITEM SEP 2 8 1999 APPLICATION FOR PUBLIC H-EARING FOR: CONZ Petition No.: {~ U Comrrdssion District: Date Petition Received: Planner Assigned: u UJL.-"~IL-.-II ~,~ ~i..~_2 [ ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address City Applicant's Telephone # State Name of Agent ~ l..8-, g-- Agent's Mailing Address City Agent's Telephone # ~ State F=t-- Zip '~:~/64 Fax# ~t /4 F~- Zip '~ 4-/o4 Fax# 6Y3 -//q$ COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC H~ARING FOR CONDITIONAL USE - 6~ PAGE AGENDA ITE ~cP 2 8 1999 OF 15 _ Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State , Zip, Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Addre~ 4g~- I 'Ie-'~ Perc~tage of Ownership I00 ~l'o APPLICATIO~I FOR PUBLIC HEARING FOR CoNDrrIoN~cL USE - 6/98 IAGENDA ITEM PAG[ 2 OF 15 bo 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 Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a G~ or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownerslfip Date of Contract: m'~CA~OS ~Oa WSL~C rm~au~{; roa corcnmO~aL ust- o~ "AGENDA ITE SE? 2 8 1999 PAGE 3 OF 15 If any contingency clause or contract term~ involve additional parti~, lia all individuals or officers, ifa corporation, partnership, or trust. Name and Address Date subject property acquired,~leased ( ): it [ q'[ Term of lease If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date ~/A yrJmos. and date option ho Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pm-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an en~neer's certification or sealed survey may be required. Section: ~(~ Township: ~ ~ Lot: ~ [~- Block: ~. ~ot- Subdivision: Plat Book ,4. (~- Page #: Property I.D.#: Range: Metes & Bounds Description: '~.~. Size of property:*--~ Z-q x ll, 7 R. = Total Sq. Ft. $~ ~/4'~ /kddress/general location of subject property_: Acres-* ,APPLICATION FOR PUllLIC I~.ARING FOR CONDITIONAL USE - ~ PAGE 4 A~A ITEM SEP 2 8 1999 15 .,Pg._ 6. Ad_iacent zoning and land use: N Zoning s Land use Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). /%/0.' ,,t2o~' Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # the A- district for cr~e oF usm g-I~ N N E t_- Present Use ofthe Property: v,~-,~ ~T- of Alq~LICATION Ii'OR I~UBLIC ltKARING FOR CON1}ITIONAL US£ - ~ Evaination 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 Commi~nion'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 ~Itll~ (Attach additional pages as may be necessary). .~ .~.~ oFS,?__ 2 S 1999 PAGE ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the requem is consistent with the applicable section or portions of the future land use element): ~ ,5,;-!'.~ '~S .:~o~0 ",4 ,t AC~i-Co~TOtUt4.' be Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive .' and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Co Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: ~ l~r~~ ~t;[~ ~ ~c ca~,,?t.m'~t.~ Describe the site's and the proposed use's c?mpati.bility with adjacent properties and other properties in the disU'ict: ~ ~,~x- m3 S;~tlg/.Oa~ O~ ee Please provide any additional information which you may feel is relevant to this co:t/ ! AP~'LICATION I~OR HJllLIC BT. AIlING }"OR CONI)ITIONAL IJSg - i~l PAGE 10. 11. Deed Restrictions: The County is legally precluded fi.om enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the 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 hearing? ~o Additional Submittal requirements: In addition to this completed application, the following must be submitted in o~der for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies 9f a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, * proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required 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.); An Environmental Impact Statement (EIS), aa required by Section 3.8. of the Land Development Code (LDC). APPLICATION FOR PIYBLlC I:IEARING FOR CONDITIONAL USE - ~ IAGENDA ITE. SE7281999 ?AGI~ 7 ~F Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildhfe habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement'(*'rlS), unless waived at the pm-application meeting; 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); 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. APPLICATION FOR PUBLIC lt~.,ARING IrOR CONDITIONAL U~I~ . 6/98 PAGE SF.P 2 8 1999 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 pre-application meeting. Please note the following with regard to TiS submittals: ]~R_Tl~Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. for all other conditional use (and rezone) requests. A minor TIS shah include the following: Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). Any proposed improvements (to the site or the exmmal right-of-way) such as providing or eliminating an mgress/egre~ point, or providing man or dec. el lanes or other improvements. 6. Describe any proposal to mitigate the negative impa, cts on the ~mtioa system, For Re. zones Only: State how this requea't is con.vLntent with the applicable policie~ of the Traffic Circulation Element (TCE) of the Growth Manag~nnent Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TlS shah address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Tra~c 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development ~,VW~CAr~O~ FOR ~L~C ~at~ ~OR COn~rno~AL PAG ITEM SEP 2 8 1999 9OF 15 P,._ / ~.:-'~.?.. TRAFFIC IMPACT STATEMENT crIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic en~neering 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 Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS}: The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDB: The TIS shall cover the least of the following two areas: a ) an area as set forth below; or, b ) the area in which traffic assignments fi.om the proposed project on the major thorough/ares exceeds one percent of the LOS "C". Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. APPLICATION FOR I~UBLIC I=[~RING FOR C'ONDITIONAL ~ . 6/91 Intersection Analysis: An intersection analysis is required for all intersections within thc RDI where the sum of the peak-hour critical lane volume is projected to exc4]~ 1.200 ~ AGE~A ITEM Vehicles Per Hour (VPH). I S':? 28 1999 PAGE 10. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within thc 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. Future Traffic: 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 ?. areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shah be provided. It may be desirable to include any additional documentation and backup data tO support the estimation as well. PlannedfProposed Roadway Improvements: 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 through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/R. IM 10/17/97 APPLICA'rlON FOR PUllLIC HRARING FOR CONDITIONAL U~ - - AGE.~A ITEM I S P281999 PAG~ I 1 OF 15 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE-REQUEST NAME OF APPLICANT: MA/LING ADDRESS: CITY 3. ADDRESS OF SUBJECT PROPERTY (IF AVAH.ABLE): e LEGAL DESCRIPTION: Section: Township: Lot: Block: Subdivision: Range: Plat Book~ Page #: Metes & Bounds Description: Property I.D.#: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME ct. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM [] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PIYSLIC HEARING FOil CONDITIONAL USE - ~ AGENDA ITEM 2 8 1999 PAGI~12 OF 15 10. 11. 12. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: ':Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided fi'om tests prepared and certified by a professional engineer. COLLIER COUNTY IJTIL1TY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion 'of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAII.ABH~ITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water so, rices fi.om any provider other than the County, a statement fi.om that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statem,',,t RIM 10117/97 APPLICATION I~OR PUBLIC ~G FOR COIVOmONAL US'lC - ~,~9R pAo1~ SSP 2 8 1999 13 OF 15 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST. IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # ov NoT COPIES REQUIRED REQUIRED 1. Completed Application 11 ~.. 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 11 5. Conceptual Site Plans 11 6. Environmental Impact Statement- (ELS)/~ ~'~ro~ Photograph - (with~reas identified) 7 4 7. Aerial · 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- CI'IS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Check shall be made payable to . Collier County Board of Commissioners .~ 7~O 14. Other Requirements - / As the authorized agent/applicant for this petition, I attest that all of the/nformation indicated on this checklist is included in this mbmittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. Applicant/Agent Signature AP[L[I~ATION FOR lqYllLlC ]:['~AR[]~G fOR CON1HTIONAL Date PAGI~ SEP 2 8 1999 14 OF' 15 Pg. ~ a~are the o~s of the prop~ d~b~ ~n ~d which ~ the s~jea ~ of t~ proposed being; t~ aH the a~er~ to.~he qu~ao~ ~ th~ applicaaon, incl~ing t~ d~e of int~t info~~ MI s~tch~, ~, a~ oth~ ~ppl~ta~ man~ aa~hed to ~ ~ a pan of th~ appli~on, are hon~t a~ ~ to the b~t of understand t~t the ~fo~on req~t~ on th~ ~pli~n m~t be co~lete that the cont~t of th~ fo~, wheth~ co~t~ g~at~ or C~ p~nt~ P~lic h~n~ ~1 not ~ ~~ ~al th~ ~pl~on info~aaon ~ be~ ~ o~/my r~r~~e in ~y ma~ regarding th~ Typed or Printed Name of Owner Sigt'nature of Property Owner Typed or Printed Name of Owner The foregoi, n~g instrum~ent was aclmowledged before me this ~,~ ~ . day of~ 19~ by ~X'~. ~ who is personally known to me or as identification. State of Florida County of Collier APPLICATION FOR PI~BLI(~ RrF. ARI~ gOR CONDmOMAL USE - ~ (~igtia~ure of Notary Public- State.of MARCLA ANN ~OX OTARY PUItLIC STATE OF FLORIDA COMMISSION NO. CC736~31 O nt, Type, or Stamp Name of Notary Public) 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 42 RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A DOG KENNEL ON LESS THAN 20 ACRES OF LAND, CONDITIONAL USE 24, IN THE "A" ZONING DISTRICT, PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florkht, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations a,s are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulation-~ for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 24 of Section 2.2.2.3 in an "A" Zone for a Dog Kennel on less than 20 acres of land on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given oppommity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Blair Foley, P.E. of Coastal Engineering Consultants, Inc. representing Robert S. & Cynthia A. Keenan with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use 24 of Section 2.2.2.3 ofthe "A' Zoning District for a Dog Kennel in accordance with the Conceptual Master Plan ~ Exhibit "C") and subject to the following conditions: 1. 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 minimu~.-'~t~ AG£N~A IIE. M i 2 8 1999 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. An appropriate portion of native vegetation shall be retained on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. All kenneling shall be indoors. No kennels, pens or runs shall be permitted outdoors. The kennel shall be constructed of concrete block m order to provide maximum noise attenuation. 5. The Planning Services Director may approve minor changes to the Conceptual Master Plan (Exhibit "C") BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk 30 31 Approved as to Form and 32 Legal Sufficiency: 34 l~larj6fie M. student 35 Assistant County Attorney 36 9cu-99-18 RESOLUTION/FP./t$ 37 38 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman -2- SEP 2 8 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR .iA¸ CU-99-18 The following facts are found: Section 2.2.2.3.24 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Development Code and Growth Management Plan: Yes No B o 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 o Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within distriGt Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: t/FINDZNG OF FACT - EXHIBIT "A" AC.-iEND~A ITEM LEGAL DESCRIPTION THE NORTH 1/2 OF THE S.W. I/4. OF THE N.W. 1/4. OF THE S.W. 1/4 OF THE N.W. 1/4 OF SECTION 36, TWP. 48 S., RGE. 26 £., COLLIER COUNTY, FLORli:)A; SUBJECT TO A ROAD EASEMENT OVER THE WESTERLY 30 FEET, THE NORTHERLY ,.30 FEET AND THE EASTERLY 50 FEET. THEREOF EXHIBIT "B" SEP 2 8 1999 coNCEPTUAL MASTER PLAN WOODSTORK ROAD (GRAVEL.) m/DLrTL'ImON 'e0FFICE (30x79') Itl. Il. sir ( UNOISTRUClI:D II AJI~ / KENNEL AREA (110'x79') EXHIBIT "C" SEP 2 8 1999 EXECUTIVE SUMMARY APPROVAL OF INTERIM POLICY FOR COMMERCIAL LAKE EXCAVATIONS LOCATED IN GOLDEN GATE ESTATES. OBJECTIVE: To obtain Board approval of an interim policy for approval of commercial lake excavations located in Golden Gate Estates. CONSIDERATIONS: Over the past several years the County has approved numerous commercial excavation permits in Golden Gate Estates. Many of these were excavations that provided fill for a permitted homesite with the benefit of having a lake view. Surplus material was transported off-site which made it a commercial excavation. At the Board's June 8, 1999 meeting, three proposed commercial excavations located in Golden Gate Estates were discussed in detail. Staff was directed to bring these items along with a recommended policy back to the Board within 2 months. On August 3, 1999, the Board approved these three commercial excavations. At this same meeting the Board elected to continue Staff's recommended Interim Policy for Commercial Lake Excavations in Golden Gate Estates until staff could conduct a Public Workshop with parties involved with the fill pit business. A public workshop was held on September 8, 1999 to discuss the proposed Interim Policy for these types of excavations. The following is Staffs recommendation for an Interim Policy that was presented at the workshop: The finished excavation must result in a buildable lot. The site plan must clearly show a proposed building envelope of appropriate size. A site plan shall be submitted to include location and size of lake, location of house, and limits of clearing. The lake size shall be as follows: a) 5 acres parcel shall be limited to lake area of 40% of parcel; 5-10 acre parcel shall be limited to lake area of 45% of parcel; parcels greater than 10 acres shall be limited to lake area of 50% of parcel. SEP 2 8 1999 Executive Summary Commercial Excavations Golden Gate Estates Page 2 b) Shape of lake shall be irregular. c) Minimum setbacks shall be 50 feet from side and rear property lines or 20 feet if proper fencing is used and a native canopy tree is placed every 30 feet. Minimum setback from the front property line is 50 feet with no exceptions. Existing native vegetation shall be retained outside the footprint of the lake and building site. All disturbed areas shall be seeded / mulched or sodded. Ten percent of the finished lake banks shall be planted with native aquatic vegetation on a littoral shelf in conformance with Section 3.5.7.2.5 of the Land Development Code. 4. Time Limit: 1 year with provision for a maximum 1 year extension. 5. Work Hours: 6:30 a.m. to 6:00 p.m. Monday through Friday. 6. No Blasting permitted. 7. Specifications: a) Maximum side slopes - 4:1 to 3 feet below water, and 2:1 below that elevation. b) Maximum depth - 20 feet below existing ground. c) Minimum depth 6 feet below dry season low water elevation. 8. Clearing Permit Required. o Performance / Restoration Security computed at a rate of $0.25 per cubic yard excavated but no less than $5,000. 10. Payment of Road Impact Fees. Fees will be computed on a 2 year schedule based on the allowable time extension. 11. Certification from professional engineer that slope and depth comply with approved cross-section. The eleven people in attendance at the workshop were supportive of the preceding proposed Interim Policy. Based on the Board's action on this Interim Policy, Staff will initiate an LDC amendment. SEP 2 8 1999 Executive Summary Commercial Excavations Golden Gate Estates Page 3 FISCAL IMPACT: A fee of $850.00 accompanies each application. size of the excavation. Permit fees and Road Impact fees vary with the GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Interim Policy to regulate commercial excavations in Golden Gate Estates and direct staff to incorporate this Policy into an amendment to the Land Development Code. PREPARED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager / County Engineer REVIEWED BY: Robert J. Mulhere, AICP Planning Director Date APPROVED BY: Vince A. Cautero, AICP Date Community Development & Environmental Services Administrator TEK/taa/F:/executive summaries SEP 1999 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.691, "FOREST PARK (HERON LAKES)" LOCATED IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY THE GOLDEN GATE CANAL (GOLDEN GATE CITY), ON THE SOUTH BY 1-75, ON THE EAST BY LAND ZONED AGRICULTURE, AND ON THE WEST BY GOLDEN GATE COMMUNITY PARK AND BERKSHIRE LAKES PUD. OBJECTIVE: To issue an excavation permit to David L Brennan (Trustee and individually) for the project known as "Forest Park (a.k.a. Heron Lakes)" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate two lakes with a total surface area of 16.32 acres + to a depth of 16 feet(+/-) below existing ground. Of the resultant 308,000 CY of fill, 100,000 CY will be hauled offsite along the entrance road shared by the Golden Gate Community Park. This project ~vas reviewed by the BCC on 22 JUN 99. At that time, the offsite hauling along a road shared by the park was deemed a hazard. As with all construction, nearby residences in Golden Gate City and the apartments in Berkshire lakes will experience daytime noise. Approximately 41 adjacent property owners and the Collier County Parks & Rec. Dept. were notified of this proposed action. A preliminary subdivision Plat has been received by Collier County for this parcel. FISCAL IMPACT: The Community Development Fund, Development Services (113-13900) would receive in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 982.00 $1832.00 TOTAL FEES A security in the amount of $77,000 must be posted prior to permit issuance. Road impact fees will be approximately $8000 to $10000 and will be confirmed at time of permit issuance.. GROWTH MANAGEMENT IMPACT: None. SEP 2 8 '1999 RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.691 to David L. Brennan, Trustee and individually for the project known as "Forest Park" with the following stipulations: The excavation shall be limited to a bottom elevation of-5.50 fl. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of-1.50 NGVD. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). In addition, the following stipulations will apply to the movement of truck traffic on Recreation Lane: a) Weekdays only; 7:00 AM to 2:30 PM b) No hauling offsite on holidays or Easter or Christmas break c) No hauling offsite during June, July, and August. d) Trucks will observe a 25mph speed limit. e) Right of Way permit will be required. f) Violation of preceding stipulations is grounds for cancellation of permit. Where ~oundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. Conditions of the blasting Permit must be strictly adhered to. If trees are to be removed as a result of the excavating operation, a Tree Removal Permit, required by Ordinance No. 92-73, Division 3.9 shall be obtained from Collier County Project Plan Review before work shall commence. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 fi. access easement to it shall be provided from a public right-of-way. The easement shall be provided to Collier County, however, maintenance will be provided by Forest Park. 8. No Excavation Permit shall be issued until all impact fees have been paid. A traffic control plan, to include all signage, will be submitted to Collier county by the developer, for review and approval by the Transportation and the Parks & Recreation Departments 10. A Preconstruction Conference is required prior to the start of hauling. Pri( developer shall contact the Transportation Department to coordinate a site survey Lane and the intersection with Santa Barbara Boulevard, to include a video, 2 of Recrea-'ff~n'*'+ J~ :o establish a SEP 2 8 1999 baseline for any future claims of road damage. Contact Clyde Fugate or his successor at 403- 2417 to schedule the conference 11. A 20 ft. pathway easement shall be provided by the developer to Collier County along the entire northern property line adjacent to the main Golden Gate Canal, prior to the first C.O. being issued within the community. The pathway shall be constructed by the developer, simultaneous to the development of Phase 1 infrastructure, on a direct cost only basis, which shall be reimbursed by the County. PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: ENGINEERING REVIEW MANAGER DATE PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED 'BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE 59.691 EX SUMMARY/H/EAB Exec Summ/SC 3 AGEN l-E SEP 2 8 1999 3 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. o Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits, on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two S[P g 8 1999 o Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the fight to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Co Control of size/depth/number of charges per blast by the Development Services Director. Do The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two AGEI~A ?.,~'~ "~ SE? g 8 ]9,99 EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY, INC. (EDC) TO EXECUTE CONTINUATION OF THE ECONOMIC DIVERSIFICATION PROGRAM; AND PROVIDE A CONTRIBUTION TO THE EDC OF UP TO $250,000 FOR FISCAL YEAR 1999-2000. OBJECTIVE: Approve an Agreement authorizing payments to the Economic Development Council of Collier County, Inc. (EDC) to execute the continuation of the Economic Diversification Program beginning 10/1/99. CONSIDERATIONS: On September 22, 1999, the Board of County Commissioners adopted the Fiscal Year ! 999-2000 budget continuing the public/private partnership between the County and the EDC, known as the Economic Diversification Program. The Program was established to increase year round high wage employment opportunities for county residents and improve the economic stability of Collier County. FISCAL IMPACT: The Economic Development Council is committed to providing $250,000 as the private sector participation in the Program. The County, through the adopted budget, has agreed to appropriate $409,400 to the Program which is included in the FY 1999-00 Housing and Urban Improvement Department's budget request. Up to $250,000 of the County's appropriation will be contributed to the EDC on a reimbursement basis beginning 10/1/99, as prescribed in the attached Agreement between the County and the EDC. GROWTH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not include an Economic Development Element. However, the Board of County Commissioners has identified economic diversification as a Strategic Goal which will serve to strengthen the economic viability of Collier County. RECOMMENDATI~)NS:, Approve t)~e !Agree~ment between the County and the EDC for FY 1999-00. 'r Hele~ ~aseltine, te ~/ Economic Development Mgr. REVIEWED BY:-~~~ ~~ ~~ Gre~Mihalic, D~rector Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Services Date AGE:N ~ i ~ Pg. 2 8 1999 / AGREEMENT THIS AGREEMENT is entered into this __ day of __ 1999, by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and the Economic Development Council of Collier County, Inc. a Florida not-for-profit corporation, hereinafter referred to as the "EDC". WITNESSETH Whereas, the Legislature of the State of Florida, Enterprise Florida and the County determined there is a need to enhance economic activities in the State and Collier County, by retaining, expanding and attracting high xvage jobs through economic diversification and development in order to promote a stronger, more balanced, and stable economy; and WHEREAS, to implement this goal the State Legislature has adopted Chapter 159. Florida Statutes, including the Revenue Bond Act of 1953, the Florida Industrial Development Financing Act, and Industrial Development Authorities, Housing Finance Authorities, and Research and Development Authorities; and WHEREAS, the County now finds and determines that it is in the public interest of the citizens of Collier County to assist the EDC through this contract in the EDC's business diversification program to expand the County's tax base, to expand the employment opportunities of the residents of the County, to increase economic mobility for residents and thereby reduce the associated burdens placed on local government and the private sector taxpayers; and WHEREAS, the EDC, is a private not-for-profit cmporation created by the initiative of the private sector business community for the purpose of retaining, expanding and recruiting high wage jobs for Collier County; and WHEREAS, the EDC performs many business diversification activities which are not performed by the County and which are essential to successful business diversification in Collier County; and WHEREAS, the County recognizes that successful business diversification requires confidentiality with respect to the plans, objectives, criteria, and corporate information of business candidates for retention, expansion, and recruitment and that such confidentiality is in the public interest of the citizens of Collier County; and WHEREAS, the County finds that it is essential to the public interest to have an appropriate accounting of the expenditure of public funds, especially by a non-public agency such as the EDC; and WHEREAS, the Legislature of the State of Florida has recognized in Section 812.081, Florida Statutes, and in other provisions of said statutes, the public interest in maintaining certain confidentiality in the business diversification and development process; and WHEREAS, the County finds the EDC is an especially appropriate entity to facilitate business diversification and development in Collier County which includes providing business candidates with the type of confidential assistance which is essential to successful business diversification and development; and WHEREAS, pursuant to the Florida Industrial Development Financing Act, Par! Il of Chapter 159. Florida Statutes, the County is permitted to issue Industrial Development Revenue Bonds; and WHEREAS, in connection with the performance of its responsibilities, the Industrial Development Authority (IDA) receives, investigates and reviews applications from various parties seeking issuance of such Bonds; and SEP g 8 1999 WHEREAS, the EDC performs certain functions on behalf of the IDA in reviewing, processing and/or presenting such bond applications; providing continuing administration with respect to Bond issues which have been placed; and performing other specified functions; and WHEREAS, it is in the best interest of the County to enter into a contract with the EDC to conduct activities in accordance with the terms and conditions set forth herein; and WHEREAS, the EDC has in the past and will continue in the future to expend substantial sums from its private sector membership dues to promote economic diversification; and WHEREAS, the business community in Collier County annually pays approximately $450,000.00 to the County in occupational license fees; and WHEREAS, the County has appropriated for the County's fiscal Year 1999/2000(October 1, 1999 - September 30, 2000), the sum of Two Hundred Fifty Thousand and 00/100 ($250,000), to the EDC, to conduct economic diversification and development activities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. ARTICLE I The County hereby grants to the EDC up to $250,000.00 for the term of the Agreement for the EDC's business diversification and development activities, conducted in cooperation with the Count)', as described in the Summary Budget attached hereto as Exhibit "A". The EDC shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of the EDC. Adjustment in excess often percent (10%) of any line item must be authorized by the County Administrator or his designee. The payment of the County's grant shall be made to the EDC in bi- monthly installments, (to be interpreted as twice a month), as expenses are accrued and invoices are received, commencing with the first month of this Agreement. Once said funds are expended, this Agreement will automatically terminate. In no event shall the County pay the EDC more than the appropriated amount of $250,000 during the term of this Agreement. The EDC shall, within 30 days following the * 18 bi-monthly installment, (to be interpreted as the 9th month) certify the amount of EDC private funds obtained and written commitments received for funds payable during the pending contract year for the previous nine months. ARTICLE 2 The EDC shall on behalf of the County: Establish and maintain staff to process,.investigate and review business candidates of firms which will retain, expand and/or create high wage jobs in Collier County. Provide business promotion collateral materials and business assistance services to business candidates. Use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the Summary Budget attached hereto as Exhibit "A". Furnish the County Administrator with a quarterly narrative progress report on the program and activities described in Summary Budget attached hereto as Exhibit "A". Such reports wi cont{~~ SE? 2 8 1999 basic statistical information relevant to the economic diversification public/private parmership program and a statement of expenditures made in each budget category and line items identified in the Summary Budget attached hereto as Exhibit "A". Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts will prescribe. This report will be on a fiscal year of October I through September 30, and will be due on November 15, of each year. Agree that any equipment purchased in accordance with this Agreement will be taken up on an inventory record by the EDC and inventoried at least annually. Upon the expiration of the useful life of such equipment or upon the expiration of the aforementioned Agreement, whichever comes first, such equipment will become the property of the County or disposed of as authorized in writing by the County. The EDC shall purchase property insurance coverage to insure all real and personal properly covered by this paragraph. Such policy shall name Collier County as a loss payee with respect to the loss of county purchased property. ARTICLE The term of this Agreement shall be for a period of one (1) year to begin October 1, 1999 and end on September 30, 2000, unless earlier terminated in accordance with paragraph 2 below. Either party may terminate this Agreement upon one hundred eighty (180) days written notice to the other of its intention to terminate. In the event of termination, the County shall pay for services and costs incurred, prior to the date of termination. With regard to the portions of payments made to the Board in excess of the services and costs incurred by the EDC prior to the date of termination, the EDC shall remit to the County all of such excess portions. 3. After termination, and except as otherwise directed, the EDC shall: Stop working under the Agreement on the date, and to the extent specified, in the notice of termination. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. Terminate all orders and subcontracts to the extent that they relate to perfornmnce of work which was terminated. Prepare all necessary reports and documents required of the terms of the Agreement up to the date of termination, including the final report due at the end of the program, if any, without reimbursement for services rendered in completing said reports beyond the termination date. The EDC shall give written notice of its intent to renew said Agreement to the Board of County Commissioners no less than one hundred eighty (180) days prior to the expiration of the Agreement, as necessitated by the County budget process. However, the County is under no obligation to renew such Agreement. ARTICLE 4 Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall nol be construed to be a modification of the terms of this Agreement. ~,GE~,A ,?~ ~ No. ~ 3 SEP 2 8 1999 ARTICLE The parties deem the services to be rendered by the EDC for the County under this Agreement to be personal in nature. The EDC shall not assign any rights or duties under this Agreement to any other party without written permission of the County. If the EDC attempts to assign any rights or duties without prior written permission of the County, this Agreement may be declared void by the County and the EDC thereupon agrees to remit to the County all payments made pm-suant to this agreement for the entire term of this Agreement. The EDC shall not enter into agreements with subcontractors for any of the work contemplated under this Agreement without first obtaining written approval of the County subject to such conditions and provisions as the County may deem necessary; provided however, that notwithstanding the foregoing, unless otherwise provided herein, such prior written approval shall not be required for purchase by the EDCof such articles, supplies, equipment, and services which are necessary and incidental to the performance of the work described herein. The requirements of this clause shall not be deemed in any event or manner to provide for the incurrence of any obligation of the County by any actions of the EDC. do To the fullest extent permitted by law, the EDC will indemnify and hold harmless the County from and against all claims, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the performance by the EDC of its responsibilities under this Agreement. The EDC is hereby declared by the parties to be an independent contractor for the performance of the economic diversification and development activities and will be responsible for the initiating, maintaining and supervising of all safety precautions and programs necessary in connection with this Agreement. The EDC shall not be considered a public agency as a result of its assumption of the duties described herein. The EDC agrees to comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any public authority having jurisdiction over the matter in question. ARTICLE 6 The County shall render payments bi-monthly (to be interpreted as twice a month), commencing October 1, 1999 through September 30, 2000. The EDC shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to the EDC under this Agreement. The EDC shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during the term of the Agreement and up to three (3) years thereafter. The EDC shall submit annual reports to the County, in form and substance, as prescribed in writing by the County, with regard to the activities of the public/private parmership- for economic diversification. The EDC shall provide the County with its independent annual audit of the immediately proceeding fiscal year no later than January 31 of each year of this Agreement. The provisions of this paragraph will survive termination of this Agreement as to the fiscal years, or portions thereto during which this Agreement is in effect. ARTICLE 7 The EDC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. SEP 8 1999 Pg, ~ ARTICLE 8 All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and if sent to the County shall be addressed to: Greg Mihalic Director of Housing and Urban Improvement Collier County 2800 North Horseshoe Drive Naples, FL 34104 And if sent to the EDC Shall be addressed to: Susan Pareigis Executive Director Economic Development Council of Collier County, Inc. 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 ARTICLE 9 Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed, by both parties hereto, and attached to the original of this AgreemenL ARTICLE 10 The County's performance and obligation to pay under this contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 1 1 As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the EDC certifies that is, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S.287.133 (3)(a). IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth above. ATTEST: By: Collier County, Florida Board of County Commissioners By: Dwight Brock, Clerk of Courts Date: Pamela S. Mac'Kie, Chairwoman SEP 2 8 1999 Pcj. 6 WITNESS: Sigpature" ( ,.i', Name (Printed) WI' ?,/ESS: S: nature Name (Printed) EDC: Economic Developmen~ Council of Collier County, Inc. APPROVED AS TO FORM ANT) LEGAL SUFFICIENCY Assistant County Attorney SEP 2 8 1999 Economic Diversification 1999 -2000 PERSONNEL Salaries Includes salaries, taxes & benefits 215,700.00 MARKETING Collateral Materials To include, but not limited to: Demographic Profile Demo Resources Pack Pgrms & Services Brochure Hi Tech Recruitment Campaign 29,800.00 EQUIPMENT PURCHASES 4,500.00 TOTAL 250,000.00 AGE~_A NO..~..~,,~ ~ SEP ~ 8 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLA DEL SOL", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Isla Del Sol", a subdivision of lands located in Section 14, Township 51 Sout. h, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Isla Del Sol" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Isla Del Sol" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $465,555.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $167,415.00 - $298,140.00 The Security amount, equal to 110% of the project cost, is $512,110.50 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this pro Total: $9030.70 Fees are based on a construction estima $465,555.00and were paid in June, 1999. ect~G~4 :e S~ ~ 8 1999 Pg. l Executive Summary Isla Del Sol Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 614.00 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 837.08 Drainage, Paving, Grading (.425% const, est.)-$1267.10 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2511.23 Drainage, - $3801.29 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 "Isla Del Sol" for recording with the following stipulations: Approve the amount of $512,110.50 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SEP 2 8 1999 Pg..:._ _ Executive Summary Isla Del .Sol Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rob~t~ AICP Planning Services Department Director APPROVED~ BY: Vincent A. Caut~ro, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date ]~ate Date 1999 COLLIER t~ u~x~co IU~Y C/:.'~ CENTER ~ I I I II LOCA T/ON MAP N.T.S. I I I I I I I' I1 I I_ _ III I III AGEN IT SEP 2 8 1999 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS RECOGNIZING GRANT REVENUES FROM THE COMMISSION FOR TRANSPORTATION DISADVANTAGED OBJECTIVE: That the Board of County Commissioners approve budget amendments recognizing grant revenues from the Commission for Transportation Disadvantaged CONSIDERATION: On April 2, 1999, the Board approved a contract with Comsis Mobility/Intelitran on a cost plus basis to serve as manager of the County's Transportation Disadvantaged program. On the same date, the Board approved Resolution 99-188 re- authorizing the filing of a Transportation Disadvantaged Trust Fund grant application. On June 22, 1999, the Board adopted Resolution 99-266A authorizing the filing of a Transportation Disadvantaged Trust Fund grant application for the State fiscal year beginning July 1, 1999. FISCAL IMPACT: A budget amendment is needed to enable staff to recognize the grant revenue and encumber funds before the end of FY 99: Fund: Cost Center: Revenue Item: Expense Item: Project: Amount: Metropolitan Planning Organization (126) Transportation Disadvantaged Program (138330) Transportation Grant (331400) Other Contractual Services (634999) Commission for Transportation Disadvantaged 7/1/98-6/30/99 (33721) $142,560 A budget amendment is needed to recognize and appropriate grant revenue for the State fiscal year beginning July 1, 1999 and the County fiscal year beginning October 1, 1999: Fund: Cost Center: Revenue Item: Expense Item: Project: Amount: Metropolitan Planning Organization (126) Transportation Disadvantaged Program (138330) Transportation Grant (331400) Other Contractual Services (634999) Commission for Transportation Disadvantaged 7/1/99-6/30/00 (33722) $358,284 The source of funding for both budget amendments is Commission for Transportation Disadvantaged grants. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the br amendments for the Transportation Disadvantaged program. :Iget SEP 2 8 1999 SUBMITTED BY: ~ransportatio?pitear~nin~'2/2g "9 Gavin Jones, P.E., · Manager REVIEWED BY: ~ Date: ¢J2O'~If Rob P, Planning Services Director APPROVED BYLJ~-~~~ Date: Vincent A. Ca~tero, AII~P, Community Development and Environmental Services Administrator SEP 2 8 1999 EXECUTIVE SUMMARY RESOLUTION TO APPOINT AND AUTHORIZE THE PUBLIC WORKS ADMINISTRATOR, THE TRANSPORATION DIRECTOR, THE STORMWATER MANAGEMENT DIRECTOR, AND THE PUBLIC WORKS ENGINEERING DIRECTOR TO EXECUTE GRANT, AND PERMIT APPLICATIONS AND OTHER DOCUMENTS PERTAINING TO CONSTRUCTION OF PUBLIC WORKS IMPROVEMENT PROJECTS. OBJECTIVE: That the Board of County Commissioners approve and adopt a resolution to appoint and authorize the Public Works Administrator, the Transportation Director, the Stormwater Management Director, and the Public Works Engineering Director to executive grant, and permit applications and other documents pertaining to the construction of Public Works improvement projects. CONSIDERATIONS: The Board of County Commissioners on February 18, 1986 adopted Resolution No. 86-30 which dealt with the signature authorization for the expedient processing of applications for grants and permits related to Public Works activities throughout Collier County with local, state, and federal agencies. It is necessary to officially appoint and have of record of county officials authorized to execute grant, and permit applications on behalf of the Board. This Resolution as been updated to delegate certain authority subject to defined limitations for the duration of specific Public Works improvement projects. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: adopts the attached Resolution. Prepared by:.:..,(',~_ ~,nn Marie Saylor, A~inistrative Assistant II That the Board of County Commissioners approves and Date Reviewed by: Stormwater Management Director Date Reviewed by: ~ Ed Ilschner, Public Works Administrator A RESOLUTION APPOINTING AND AUTHORIZING THE PUBLIC WORKS ADMINISTRATOR, THE TRANSPORTATION DIRECTOR, THE STORMWATER MANAGEMENT DIRECTOR, AND THE PUBLIC WORKS ENGINEERING DIRECTOR TO EXECUTE GRANT, AND PERMIT APPLICATIONS AND OTHER DOCUMENTS PERTAINING TO THE CONSTRUCTION OF PUBLIC WORKS IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners of Collier County has a need for Public activities throughout the County which require application for grants and permits through local, state, and federal agencies; and WHEREAS, it is the intention of said Board to make applications and submit documents to local, state, and federal agencies; and WHEREAS, in order to expedite processing, it is necessary to officially appoint and have of record County officials authorized to execute grant, and permit applications on behalf of the Board to various agencies including the following: Florida Department of Transportation Florida Department of Environmental Protection U.S. Army Corps of Engineers U.S. Coast Guard Federal Aviation Administration Fish and Wildlife Conservation Commission Big Cypress Basin/South Florida Water Management District Federal Environmental Protection Agency 1 RESOLUTION NO. 99- 2 4 5 7 8 10 13- Works 12 2.3 14 3-5 3.7 18 20 21 22 24 25 26 2v NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 s COMMISSIONERS OF COLLIER COL2qTY, FLORIDA, that: 29 1. The Public Works Admirdstrator, the Transportation Director, the Stormwater 30 Management Director, and the Public Works Engineering Director are hereby 31 appointed and authorized to execute the documents aforesaid for and behalf of Collier 32 County. 34 2. Resolution No. 86-30 is hereby repealed and superseded by this Resolution. 35 36 37 38 39 41 THIS RESOLUTION ADOPTED AFTER MOTION, SECOND AND MAJORITY VOTE FAVORING ADOPTION. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORDA DWIGHT E. BROCK, CLERK 42 BY: BY: 4 3 Deputy. Clerk 44 45 ~ 46 4 v Approved as to form and 4 a legal sufficienc~g. Heidi F. Ashton s2 Assistant County Attorney PAMELA S. MAC'KIE, CHAIRWOMAN EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES ..... RPORT AUTHORITY CONCERNING THE SOLID WASTE TRANSFER SITE OBJECTIVE: Approval of a Lease Agreement between Collier County ("County") and the City of Naples Airport Authority ("Authority") concerning the Solid Waste Transfer site located at the City of Naples Airport. CONSIDERATION: Since 1976, Collier County's Solid Waste Department has utilized a portion of the north quadrant at the City of Naples Airport in order to operate a trash transfer station. At this time, the Solid Waste Department would like to continue utilizing this property for this purpose. The current Lease Agreement expires on September 29, 1999. The attached Lease Agreement provides for a one (1) year term with two (2) additional renewal terms of one (1) year each. The Lease contains a provision for either Party to terminate, with or without cause, by providing the other party with ninety (90) day written notice. The monthly rent for the Demised Premises is One Thousand Eight Hundred Sixty-five Dollars and Sixty Cents ($1,865.60). The monthly rent shall be increased for each ensuing year of the Lease Agreement, following the initial Lease term, by utilizing the appropriate Consumer Price Index figures. The County shall be responsible for all utility charges. All other terms and conditions contained in the Lease Agreement reflect the same as included in previous Lease Agreements between the County and the Authority. The attached Lease Agreement was reviewed by the Solid Waste Department, the Office of the County Attorney and me Risk Management Department. ,.xSCAL IMPACT: The monthly rental fee of One Thousand Eight Hundred Sixty-five Dollars and Sixty Cents ($1,865.60) has been budgeted for the 1999 / 2000 fiscal year under the funding source for Rent at the Naples Transfer Station. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with the City of Naples Airport Authority and authorize its Chairwoman to execute same. ' MiChael H. Dowling, Real,Prope~ Specialist, Real Prope~ Management Department REVIEWED BY: David W. Russell, Director, Solid Waste Department DATE: Ed]lschner,----~Adm~nistrator, Public ~Vo~ks"D~vision LEASE AGREEMENT Lease #250 THIS LEASE AGREEMENT, entered into this __ day of , 1999, by and between the City of Naples Airport Authority, hereinafter referred to as LESSOR, whose address is 160 Aviation Drive North, Naples, Florida 34104 and Collier County, a political subdivision of the State of Florida, hereinafter referred to as LESSEE, whose address is 3301 East Tamiami Trail, Naples, Florida 34112. WlTNESSETH THAT, for and in consideration of the covenants herein contained, LESSOR does hereby lease to LESSEE and LESSEE does hereby lease from LESSOR, those certain "Demised Premises" as shown on Exhibit "A", attached hereto and made a part hereof, within the Naples Municipal Airport, Naples, Florida, hereinafter referred to as "Airport". ARTICLE 1. DEMISED PREMISES LESSEE agrees that it will use the Demised Premises for the sole purpose of operating a trash transfer station. It is specifically understood and agreed that nothing herein contained shall be construed as granting or authorizing the granting of an exclusive right to LESSEE within the meaning of Section 308 of the Federal Aviation Act. Further, nothing in this paragraph shall be construed per se to allow LESSEE to conduct any aeronautical activities other than those specified in the paragraph above, or those specified in any agreement hereinafter entered into between LESSOR and LESSEE. LESSEE further agrees that it will not use, nor permit the Demised Premises to be used, for any unlawful purpose, for any purpose that would unreasonably cause an increase in the rate of insurance on the Demised Premises, nor for any purpose which would disturb nearby properties or lessees of the Airport. LESSEE shall not allow the Demised Premises, or any improvement thereon, to remain vacant or unoccupied for a period often (I0) or more consecutive days. If LESSOR should require use of the Demised Premises for road expansion at any time during the term of this Lease or any renewals thereto, LESSOR shall provide LESSEE with property equal to that which is used for road expansion in an area immediately to the south of the De~nised Premises, hereinafter referred to as the "Revised Demised Premises". LESSOR agrees to clear, level and limerock the new area to be used by LESSEE. Upon acceptance of the Revised Demised Premises by LESSEE, LESSOR shall provide LESSEE with an Exhibit to be attached to this Lease entitled, "Revised Demised Premises" for future reference. ARTICLE 2. LEASE TERM To have an hold for a term of one (1) year, commencing on September 29, 1999 and terminating on September 28, 2000, unless said term shall be sooner terminated as hereinafter provided. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for two (2) additional terms of one (1) year each, under the same terms and conditions, except as to the rental mount, as provided herein, by giving written notice, of LESSEE'S imention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Certified or Registered Mail, Postage Prepaid. LESSEE and/or LESSOR shall have the right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to the address set forth in Article 33 of this Lease. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Certified or Registered Mail, Postage Prepaid. ARTICLE 3. RATES, FEES AND CHARGES LESSEE hereby covenants and agrees to pay for the Demised Premises the sum of One Thousand Eight Hundred Sixty-five Dollars and Sixty Cents ($1,865.60) monthly all in advance on the first day of every calendar month during the term hereof. In the event LESSEE fails to pay the rentals, fees or charges as required to be paid under the provisions of this Lease within thirty (30) days after the same shall become due, interest at one percent (1%) per month shall accrue against the delinquent payment(s) until the same are paid. Implementation of this provision shall not preclude the LESSOR from terminating this Lease for default in the payment of rentals, fees or charges, or from enforcing any other provisions contained herein. Should an extension of the Lease be granted for additional terms, commencing on the expiration date of this Lease, the annual rental payable by LESSEE as provided in Section 3 shall be subject to increase as of October 1 of each year for the ensuing year of the Lease. The then current annual rental shall be increased by an amount not to exceed the percentage of increase in the Consumer Price Index during the preceding year. For the purpose of this Lease, the Consumer Price Index is the Consumer Price Index for all urban consumers, U.S. city average, using an index for the month of August. The rental payable by LESSEE to LESSOR hereunder shall be paid at the office of the City of Naples Airport Authority at 160 Aviation Drive North, Naples, Florida 34104. ARTICLE 4. SECURITY DEPOSIT Not applicable and deleted. ARTICLE 5. FLOWAGE FEE Not applicable and deleted. (applies to tenants dispensing fuel) ARTICLE 6. SERVICE. UTILITIES. TAXES LESSOR will not furnish the Demised Premises with trash dumpster service or the services of a night security force. LESSEE agrees to pay all charges for gas, electricity, or other utilities and services used at the Demised Premises. If at any time during which this Lease is in effect, the Demised Premises, leasehold interest, or rental payments become subject to any federal, state or local tax, property, sales, excise or otherwise, LESSEE agrees to assume the payment of such taxes and shall include such payments with the rental payments required hereunder; provided, however, that LESSEE shall in no circumstances be obligated to pay any taxes based on the net income of LESSOR. ARTICLE 7. NON-DISCRIMINATION LESSEE, in exercising any rights or privileges herein granted to it, shall not, on the grounds of race, color, creed, or national origin, discriminate against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the United States Secretary of Transportation. LESSOR is hereby granted the right to take such actions, anything to the contrary herein notwithstanding, as the United States may direct to enforce this non-discrinfination covenant. ARTICLE 8. AFFIRMATIVE ACTION LESSEE assures that it will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded form participating in any employment, contracting or leasing activities covered in 14 CFR Part 152, Subpart E. The LESSEE assures that no person shall be excluded, on theses grounds, fi.om participating in or receiving the services of any program or activity covered by this Subpart. The LESSEE agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR, Part 152, Subpart E, as part of the affirmative action program or by any Federal, State or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. The LESSEE agrees that State or Local affi~Tnative action plans will be used in lieu of any affirmative action plan or steps required by 14 CFR, part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. ARTICLE 9. CONDITION OF THE DEMISED PREMISES LESSEE has examined and knows the condition of the Demised Premises, has received the same "as is," and acknowledges that no representations as to the condition thereof have been made by LESSOR prior to or at the execution of this Lease. LESSOR shall not be liable for damages or loss suffered by LESSEE'S business, or for injuries to persons or property occasioned by bursting, overflowing, or leaking of water sewer or steam pipes, or fi'om heating, air conditions or plumbing fixtures, or fi.om electric wires, or from water leaks of any kind. ARTICLE 10. ALTERATIONS. ADDITIONS AND IMPROVEMENTS LESSEE shall not make any alterations, additions or improvements, or engage in any construction of the Demised Premises, without the prior written consent of LESSOR. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. LESSOR agrees that any alterations, additions and improvements made to the Demised Premises during the term hereof, shall be the property of the LESSEE, and LESSEE shall remove all improvements from the Demised Premises, upon the expiration of the term hereof. In the event LESSEE fails to remove any improvements by the expiration of the Lease, LESSEE shall continue to pay full rent to LESSOR until said improvements are removed. LESSOR shall have the option, after expiration of the Lease, or removing any improvements and charging the cost of removal to LESSEE. ARTICLE 11. REPAIR AND MAINTENANCE OF THE DEMISED PREMISES LESSEE shall keep and maintain the Demised Premises in good order and repair throughout the term of this Lease, and shall make all necessary repairs thereto, including, without limitation, all non-structure repairs, including, without limitation repairs to fixtures, facilities and equipment, and further shall replace all broken glass with glass of the same size and quality as that broken. In the event LESSEE fails to undertake the repairs required hereunder, LESSOR in addition to the other remedies provided herein, shall have the right to make such repairs, at LESSEE'S cost and expense. LESSEE shall keep the Demised Premises and improvements in a clean and healthful condition according to all applicable governmental statutes, rules, ordinances and regulations, LESSOR'S rules and regulations, and any direction of duly authorized public officers during the term of this Lease, all at LESSEE'S cost and expense. Upon the termination of this Lease or any renewals thereof, in anyway, LESSEE shall yield up the Demised Premises to LESSOR in good order and repair, loss by fire, and ordinary wear and tear ex.cepted, and will deliver the keys to said Demised Premises to LESSOR at its offices described above. ARTICLE 12. RULES AND REGULATIONS LESSEE hereby agrees to comply with (i) LESSOR'S Rules and Regulations for the Airport, on file in the office of the Executive Director of the Airport, and made a part hereof, as such regulations may be amended from time to time by LESSOR in its sole discretion or by the Executive Director as he or she may be authorized, and (ii) LESSOR'S Leasing Standards and Requirements for the Airport, also on file in the office of the Executive Director of the Airport, and made part hereof, as said Standards and Requirements may be amended from time to time by LESSOR in its sole discretion. LESSEE also shall comply with any and all applicable governmental statutes, roles, orders and regulations. LESSEE further ago'ecs that it will not allow any signs, cards or placards to be posted or placed on the Demised Premises except signs identifying LESSEE and its business and the use of said Demised Premises and appropriate directional signs necessary and appropriate for the conduct of LESSEE'S business approved by the Executive Director through the LESSOR. AG£ND~ IT. EJ~. _ N0..~~_ SEP 2 8 1999 ARTICLE 13. SIGNS All signs and/or other advertising to be placed on or in the vicinity of the Demised Premises by LESSEE shall have prior approval by LESSOR through the Executive Director, and shall be in conformance with Ordinances of the City of Naples, Florida, and shall not extend above or beyond the extension of the walls and ceilings of the Demised Premises. Upon expiration of this Lease, LESSEE shall remove all signs and/or advertising at the directi m of LESSOR. ARTICLE 14. FLAMMABLE MATERIALS There shall not be allowed, kept or used on the Demised Premises any flammable or explosive liquids or materials except such as may be necessary for use in the business of LESSEE, in which event any such substances shall be delivered in amount, and stored and used, as approved by LESSOR in accordance with the rules of the Florida Inspection and Rating Bureau and all other applicable statutes, ordinances, rules, regulations and statutes in force and effect during the term of this Lease. ARTICLE 15. ASSIGNMENT AND LEASEHOLD IMPROVEMENTS LESSEE shall not assign this Lease, nor sublet the Demised Premises, or any part hereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations thereon, or additions thereto without written consent of LESSOR. Such consent shall not be unreasonably withheld. It is further understood and agreed that LESSOR is in no way responsible to reimburse LESSEE for its investment in structures, fixtures and equipment on the Demised Premises. LESSEE further agrees that upon the expiration of this Lease, LESSEE shall remove any and all structures and fixtures, unless LESSOR agrees to accept same, and deliver up the Demised Premises to LESSOR peaceable, quietly and in good order and condition, reasonable wear and tear excepted. ARTICLE 16. DISCHARGE OF LIENS In the event of the filing of any mechanic's lien or materialsmen's lien or liens, or any other charge whatsoever against the Demised Premises or an improvement thereof during the term of this Lease, (or any extension thereof), LESSEE immediately shall take all necessary steps to secure the release of same. In the event LESSEE fails to take reasonable steps to secure the release of any such liens or charges, LESSOR upon ten (10) days prior written notice to LESSEE, shall have the right and privilege of taking the necessary steps, including payment, to secure the release of any such lien or charge, and any amount so paid by LESSOR including reasonable expense and costs (including attorneys' fees), shall be added to the rental due hereunder from LESSEE to LESSOR and shall be paid by LESSEE to LESSOR immediately upon receipt by LESSEE from LESSOR of any itemized statement thereof. ARTICLE 17. INDEMNIFICATION Not applicable and deleted. ARTICLE 18. INSURANCE REQUIREMENTS LESSEE agrees to secure and maintain in force and effect Workers Compensation Insurance as required by the State of Florida and shall maintain insurance throughout the terms of this Lease against claims for personal injury or property damage under a policy of general liability insurance in amounts of not less than $100,000.00 for bodily injury or death per individual, $200,000.00 aggregate bodily injury or death coverage per incident, and $100,000.00 for property damage. Proof of such insurance coverage shall be made in writing to AUTHORITY prior to execntion of this Lease. Insurance shall be non-cancelable except upon fifteen (15) days prior written notice to LESSOR. Said insurance policy or policies providing such coverage, as well as the insurers providing same, shall be subject to the prior review and approval of LESSOR. Said proof of insurance shall include a statement by the insurer, or its agent, that LESSOR will receive any and all notices of any riders, waivers, exclusion, renewals or termination of coverage. Upon receipt of any notice of impairment or reduction in coverage of such insurance, notwithstanding anything herein to the contrary, LESSOR has the right to terminate this Lease and require the removal of LESSEE and all its belongings within ten (10) days of such termination. SEP 2 8 1999 ARTICLE 19. ACCESS TO THE DEMISED PREMISES LESSEE agrees to allow LESSOR'S Executive Director, or other duly authorized representative or agents of the LESSOR, access at all reasonable times to the Demised Premises for the purpose of examining or inspecting same. ARTICLE 20. SURRENDER-DAMAGES LESSEE, at the termination of this Lease by lapse of time or otherwise, will yield up immediate possession of the Demised Premises to LESSOR, and failing to do so will pay as rental to LESSOR for the entire time such possession is withheld, the sum of Ten Dollars ($10.00) plus one thirtieth of the monthly rental in effect at the time of said termination, per day; provided that the provisions of this clause shall not be deemed a waiver by LESSOR of any right of re-entry as herein provided, nor shall the receipt of said rent, or any part thereof, or any other act in apparent affirmation of tenancy, by LESSOR, operate as waiver of any right or remedy available to LESSOR hereunder for a breach of any of the covenants herein contained. Upon the expiration of the term hereof, LESSEE, also shall remove its personal property and equipment from the Demised Premises, and LESSEE shall be liable and pay for any damage caused to the Demised Premises, or any other property of LESSOR, as result of such removal. ARTICLE 21. DEFAULT-TERMINATION In the event of default by LESSEE, in the payment of the rental herein provided for on the day same becomes due or payable, and such default continues for ten (10) days, or in the event of any default by LESSEE with respect to any other covenant or obligation of LESSEE hereunder, then in any or either of such events, LESSOR at its election, at or after the expiration of ten (10) days pervious notice in writing, may declare a forfeiture and termination of this Lease, and at that time, all rent due or to become due under the then existing term of this Lease shall become immediately due and payable. In addition, LESSOR may re-enter said Demised Premises, with or without process of law and, if necessary, remove LESSEE or any persons occupying said Demised Premises under LESSEE, without prejudice to any remedies which might otherwise be used for arrears or rent. LESSEE hereby waives any demand for possession of the Demised Premises and any structure or improvement then situated thereon, and agrees that upon termination at such election of LESSOR, LESSEE will surrender and deliver the Demised Premises immediately. If, due to the actions or policies of LESSOR, its successors or assigns, LESSEE'S use of the Demised Premises as described and authorized hereinabove, shall be prevented or suspended for a period of more than thirty (30) consecutive days, LESSEE, at its option, upon the expiration of ten (10) days previous notice in writing to LESSOR, may declare the te~Tn hereof or any extension thereof ended, and LESSEE shall no longer be responsible for rental accruing after said termination. LESSOR further shall have the right to terminate this Lease in the event of the occurrence of any of the following: insolvency of LESSEE; liquidation or disso, lution of LESSEE; the institution of a voluntary or involuntary bankruptcy proceeding by or against LESSEE; assignment by LESSEE for the benefit of creditors; or the appointment of a receiver or trustee to manage the property of LESSEE. ARTICLE 22. DESTRUCTION OF THE DEMISED PREMISES In the event that the Demised Premises or the improvements located thereon shall be destroyed in whole or in substantial part by fire, or other casualty, LESSEE, at its option, may terminate this Lease or, at its cost and expense, may repair or reconstruct said Demised Premise:; or improvements within ninety (90) days. In the event that the Demised Premises or improvements are wholly destroyed, and LESSOR elects to repair same, the rental hereunder shall abate during the period of said repair. In the event that same are destroyed in substantial part, and LESSOR elects to repair same, then rent hereunder shall continue to be paid, pro rata, during the period of said repair, based upon that portion of the Demised Premises which remains tenantable. ARTICLE 23. AIRPORT DEVELOPMENT LESSOR reserves the.right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of LESSEE, and without interference or hindrance. SEP ARTICLE 24. A~TTORNEYS' FEES LESSEE agrees to pay the cost of collection and attorneys' fees on any part of said rental that may be collected by suit or by attorneys, after the same is thirty (30) days past due. LESSEE also agrees to pay any attorneys' fees necessitated by the enforcement of any provision herein contained. LESSOR shall pay any attorneys fees and costs incmTed by LESSEE arising out of this Agreement should LESSEE prevail in a court of competent jurisdiction. ARTICLE 25. pRIVATE MAINTENANCE AND SERVICE Not applicable and deleted. (Applies to tenants with aircraft) ARTICLE 26. EXCLUSIVE RIGHT Not applicable and deleted. ARTICLE 27. OBL!GATION TO BUILD Not applicable and deleted. ARTICLE 28. VESTING Not applicable and deleted. ARTICLE 29. AUTHORIZATION The entering into and execution of this I,ease has been duly authorized and approved by LESSEE'S Board of Commissioners and the person executing this Lease on behalf of LESSEE has been duly authorized to do so. ARTICLE 30. GOVERNING LAW This Lease shall be governed by and interpreted according to the laws of the State of Florida. ARTICLE 31. 'BINDING EFFECT This Lease shall be binding upon, and inure to the benefit of the parties hereto and their successor and assigns. ARTICLE 32. REMEDIES CUMULATIVE-NO WAIVER The rights and remedies granted to LESSOR hereunder shall be deemed to be cumulative and non- exclusive. ARTICLE 33. NOTICES Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: LESSOR: Board of County Commissioners Real Property Management Department 3301 East Tamiami Trail, Administration Building Naples, Florida 34112 cc: Director, Solid Waste Department Executive Director City of Naples Airport Authority 160 Aviation Drive North Naples, Florida 34104 SEP 2 8 1999 PG. 7~ ARTICLE 34. SEVERABILITY In the event any provision of this Lease is detennined to be unenforceable, such provision shall be considered separate and severable from the remaining provision of this Lease, which shall remain enforced and be binding as though such unenforceable provision had not been included. ARTICLE 35. ENTIRE LEASE AGREEMENT This Lease constitutes the entire agreement between the parties hereto, supersedes any and all prior written or oral agreements or understandings, and may be modified only in writing and executed by the parties hereto. ARTICLE 36. DOMINANT AGREEMENTS The parties hereto expressly understand that this Lease is subordinate and subject to all existing agreements between LESSOR and the Federal Aviation Administration or between LESSOR and the State of' Florida. ARTICLE 37. FLIGHT OPERATIONS LESSOR reserves unto itself, its successor and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Demised Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace, and for use of said airspace for landing on, taking off from or operating on the Airport. ARTICLE 38. AIRCRAFT HAZARDS The LESSEE expressly agrees for itself, its successor and assigns, to prevent any use of the herein described real property which would interfere with or be a hazard to the flight of aircraft over the property to and from the Airport. ARTICLE 39. AIRPORT OPERATIONS LESSEE expressly agrees for itself, its successors and assigns, to prevent any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard. ARTICLE 40. OBSTRUCTIONS LESSEE expressly agrees for itself, its successor and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Demised Premises to such height as to comply with Federal Aviation Regulations, Part 77. ARTICLE 41. CONDEMNATION LESSOR shall not cause or encourage the condenmation of the Demised Premises or the Airport. If, at any time during the term of this Lease, title to the whole or substantially all of the Demised Premises shall be taken in condemnation proceedings or by any right of eminent domain, this Lease shall terminate and expire on the date of such taking and the fixed rental and other charges payable hereunder shall be apportioned and paid to the date of such taking. For purposes of tltis paragraph, "substantially all of the Demised Premises" shall be deemed to have been taken if the untaken portion of the Demised Premises cannot be practically and economically used or converted for use by LESSEE for the purpose permitted by this Lease. ARTICLE 42. HEADINGS The section HEADING is included for reference purposes only and shall be employed to interpret or to construe this Lease. ARTICLE 43. RADON GAS In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. In WITNESS WHEREOF, the parties have caused this Lease to be executed by their appropriate officials, the day and year first above written. As to the LESSOR: DATED: WITNESSES: Signature Print or type name Signature Print or type name CITY OF NAPLES AIRPORT AUTHORITY BY: LEONARD H. THORNTON, Chairman As to the LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman Approved as to fom~ and legal sufficiency: Heidi F. Ashton Assistant County Attorney Approved as to fom~ and legal sufficiency: Frank Kowalski, Jr., Naples AirPort Authority Counsel C3 0 Z OVOU i80d81¥ L~ L Z <~ ,O0'09L tO. ,,%'k,gE.O0 N ,00'09 !. ~,.~'~,6~.OON Z Z rm 0 0 Z Z 0 0 Ld 0 0 0 m SEP 2 B 19~9 P~. 16) EXECUTIVE SUMMARY AWARD CONTRACT TO CONSTRUCT MASTER PUMP STATION 1.02, BID 99-2967, PROJECT 73924. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a contract to construct the Master Pump Station 1.02 for the Wastewater Department. CONSIDERATIONS: On July 13, 1999, one hundred and seventy-nine bid inquiries for Master Pump Station 1.02 were sent out. Nine sets of bid documents were sold to interested bidders. On August 11, 1999, four bids were received as described in the attached bid tabulation table and are as follows: Intrastate D. N. Higgins, Mitchell & Stark Copeland BIDDER Construction Inc. Construction Development, Corporation Co., Inc. Co. Total Base Bid $1,042,300 $928,750 $1,217,380 $990,450 The Design Professional's estimate for the project total base bid was $1,180,000. Douglas N. Higgins, Inc. was the lowest, responsive bidder with a total base bid of $928,750. The Design Professional, Hole, Montes & Associates, Inc., recommends awarding the bid to Douglas N. Higgins, Inc. in the attached letter dated September 8, 1999. Douglas N. Higgins, Inc. has a satisfactory performance record on previous projects involving similar work for the County. Staff recommends awarding the project to the lowest bidder, Douglas N. Higgins, Inc., for the total base bid in the amount of $928,750. ..(~xFISCAL I.__MP__AC__~T: The source of funds is sewer impact fees. Funds for construction of this project have been budgeted in the upcoming FY2000 in Fund 413-Sewer Capital Projects. GROWTH MANAGEMENT IMPACT: This project is CIE #924. The project is needed to meet future sewer flows in the north service area and to ensure sewer service reliability of wastewater collection system as recommended in the 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997, items 12(c)(4) and 12(c)(5). Executive Summary Award Bid 99-2967 for Master Pump Station 1.02 Page 2 RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award the bid and authorize the Chairwoman to execute an Agreement with Douglas N. Higgins, Inc. in the amount of $928,750 for Bid 99-2967, Master Pump Station 1.02. PREPARED BY: ,d'~ ~- ~_~Z,~. DATE: Mohan V. Thampi, P.E., Project Manager Public Works Engineering Department Steve Carnell,dDirector Purchasing Department REVIEWED BY,;~?-7',~ X. ' '~ ..... q' -,,> ~-'~ff Bibby, P.E., Director' o- Public Works Engineering Department DATE: REVIEWED BY: JoTt~'~tham,~ ¥~1~,, Director Wastewater Department Ed Ilschner, Adm~mstrator Public Works Division DATE: DATE: DATE: Attachment: 1) Bid Tabulation Table for Bid 99-2967 dated 8/11/99. 2) Award Recommendation Letter from Hole, Montes & Associates dated 9/8/99. MVT:mvt SEP 2 8 8 1~99 AG£h~OA IT.~ ~ SEP 2 8 1999 Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS September 8, 1999 Mohan V. Thampi, P.E., R.E.M. Project Manager Collier County Public Works Engineering Department 3301 E. Tamiami Trail, Building D Naples, Florida 34112 RE: Master Pump Station 1.02 Bid Evaluation HMA File No. 1990.051 Dear Mr. Thampi: HM&A has revie~ed the following vendor's Bid Proposals: Meets Item 7 Field Layout, Tabulated Record Drawings & Close- Total Bid Price Total Bid out Cost ~ 2.5% Total Bid Vendor Submitted Price Price Requirement "2 '2' Douglas N. H~__~ns, Inc. I $928,750.00 $928.750.00 YES Copeland Development Co. ] $990,450.00 *S990,450.00 YES Intrastate Construction Corp ] $1,042.300.00 $1,042.300.00 NO Mitchell & Stark Construction Co., lnc. ~ $I,217380.00 $1,232,980.00 ~ NO Note: * The Item 8 Unit Price of $19.17 yields a Total Price for the item of 58626.50 compared to the listed price of 5;8625.00. a increase of S1.50, The Item 9 unit price orS15.48 yields a Total Price for the item of S8049.60 compared to the listed price of 58050.00, a decrease of $0.40. HMA recommends that the bid from Douglas N. Higgins, Inc, the apparent Iow bid. be accepted and the County award the contract to Douglas N. Higgins, Inc. If you have any questions or concerns regarding this matter, please contact me. Thank you for the opportunity to be of service to Collier County. Very truly yours, eOLE, MONTES AND AS_.~IATES,~INC. jr~re ,' . ' ska, Ph.D., P.E. I,~'Senior Environmental Engineer cc: K. Boyer R. Benson II.C. Pepper SEP 2 8 1§9§ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #99-2970 - "CHEMICALS FOR UTILITIES" FOR FISCAL YEAR 99/00 OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, award Bid #99-2970 - "Chemicals for Utilities" to the various vendors listed in the following recommendation section. CONSIDERATION: 1. The County's Public Works Division operates water and wastewater facilities necessary to serve the customers of the County Water/Sewer District. These treatment facilities provide treatment of the County's water and sewage through chemical addition, in order to achieve compliance with Federal and State Regulations. 3. The public Works Division solicits chemical bids annually to provide the necessary chemicals to operate the County's water and wastewater facilities. Bid #99-2970 was posted on July 20, 1999. Seventy-eight (78) inquiries were sent to vendors. Eighteen (18) packages were received. All legal requirements have been met. 5. Acknowledgment of receipt of Addenda was waived because several bids were received prior to Addenda being issued. o Due to the importance of safe handling of the chemicals being bid, the bid Proposal included an item requiring safety course outlines and schedules for training County employees. Bids received without information on training as required by the bid specification were not considered. o Staff has reviewed the bids received and recommends the vendors listed in the recommendation section as having submitted the lowest overall bid and provided information on training as specified in the bid documents. GROWTH MANAGEMENT IMPACT: These purchases are necessary in order for the County to operate its treatment facilities and provide water and wastewater service to the County's existing customers, as well as for future growth. SEP 2 8 !g J§ i FISCAL IMPACT: The fiscal impact of awarding this bid is in the estimated amount of $974,754.00. Funds are budgeted and approved in the Collier County Water/Sewer District North and South Water Treatment Plants, North and South Wastewater Treatment plants, and Pelican Bay Wastewater Treatment plant budgets. The estimated fiscal impact represented in the following recommendation is based on estimated quantities listed in the bid information. These are only estimates used for bidding purposes and shall not be interpreted as the Board's authorized expenditure limits. RECOMMENDATION: The Public Works Administrator recommends that the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water Sewer District, award Bid//99-2970 to the following vendors. CHEMICAL VENDOR UNIT COST PER UNIT FISCAL IMPACT Quicklime Chemical Lime $107.92 Ton $350,740.00 Dewatering Leahchem $155.00 50//Bag Polymer Dewatering Leahchem $2248.50 30 Bag Pallet $4,497.00 Polymer Sodium Van Waters & $12.00 50//Bag $12,000.00 Silicofluoride Rogers Potassium Carus Chemical $406.49 330//Drum $101,623.00 Permanganate Anhydrous Tanner $480'.00 Ton $22,080.00 Ammonia Industries Anhydrous No Award 150//Cylinder Ammonia Carbon Dioxide Astor Chemical $126.00 Ton $40,320.00 Chlorine Harcross $209.50 Ton $113,130.00 Chemical Chlorine Jones Chemical $75.00 150//Cylinder $375.00 50% Sodium Van Waters & $191.40 Dry Ton $132,066.00 Hydroxide Rogers 25% Sodium Jones Chemical $.83 Gallon $12,450.00 Hydroxide Membrane Argo Scientific $.58 Pound $40,368.00 Scale Inhibitor SEP 2 8 lSSg Calcium Harcros $59.80 100# Container $17,940.00 Hypochlorite Chemical Sodium Jones Chemical $.4036 Gallon $28,545.00 Hypochlorite Sulfuric Acid SATCO $.35 Gallon Sulfuric Acid SATCO $45.70 Ton $98,620.00 TOTAL $974,754.00 SUBMITTED BYf' ff~'~z~/b~~' Date: "Rand~ay, Super/endent REVIEWED BY:'--,' ~,,--r./,~i C,,~', '~2L--- Date: Paul Mattausch, Water Director 7.// Date: Stephei~ Y. Carnell, Purchasing/GS Director APPROVED BY~~z..c_ Date: '~ Ed Ilscl(ner, Publi~ x~orks-Administr~t(~r J SEP j PG.. Il SEP 2 8 t99§ SEP 2 1@99 SEP 2 8 1999 ION II SEP 2 8 1~99 SEP 2 8 1BgB ~. I! -m SEP 2 8 SEP 2 8 1~99 SEP 2 8 "~., /~ SEP 2 8 I~'39 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. JEN-FT-99-1 WITH JENKINS & CHARLAND, INC., AND WORK ORDER NO. PHA-FT-99-3 WITH PITMAN-HARTENSTEIN & ASSOCIATES, INC., FOR THE DESIGN OF THE PROPOSED PALM RIVER BOULEVARD BRIDGE REPLACEMENT & UTILITY RELOCATION. PROJECT NO. 69133. OBJECTIVE: To gain Board approval to award the Palm River Boulevard Bridge Replacement and Utility Relocation design contract to Jenkins & Charland, Inc.(J&C), and Pitman-Hartenstein & Associates, Inc.(PHA). CONSIDERATION: In order to improve the flow carrying capacity of Cocohatchee Canal (north of Immokalee Road), Big Cypress Basin and Collier County entered into a Cooperative Agreement on February 3, 1998. According to the terms of said agreement, the county will replace the existing bridge at Palm River Boulevard with a wider and longer bridge before February 3, 2001. Big Cypress Basin will reimburse the County $112,500 when the existing bridge is demolished and another $112,500 when the new bridge is constructed. Staff from Collier County Public Works Engineering Department negotiated two (2) work orders with J&C and PHA (both firms are on our approved annual consultants'list) for the design and permitting of the project. The fees for the bridge design and general civil & traffic engineering are $125,396 ($38,000 structural engineering and $87,396 civil engineering). The design and permitting is anticipated to be completed in six (6) months. Both work orders have been approved by the County Attorney's Office. ~.'~-,FISCAL IMPACT: Funds are available in FY00 in Road Impact Fee District 1. Funding Source is Impact Fees. GROWTH MANAGEMENT IMPACT: Not applicable RECOMMENDATION: That the Board of County Commissioners approve Work Order No. JEN-FT-99-1 to Jenkins & Charland, Inc., and Work Order No. PHA-FT-99-3 to Pitman-Hartenstein & Associates, Inc., and authorize the Public Works Engineering Department Director to sign the Contracts for design. SUBMITTED BY: Mitch Momtaz, P.E., Project Manager Public Works Engineering Department DATE: ~//~/~ 7 .0._Z6_r_dg_L_a_ 2 IS99 REVIEWED BY:/~//" L~Jef'f Bibby, P.E., Director Public Works Engineering Department DATE: REVIEWED BY: Edward J. Kant, P.E.'j Director Transportation Services Department DATE APPROVED BY:..n.~:~f~~~ Ed Ilschri'er, Administrator Public Works Division DATE.~J~" SEP 2 8 11t99 PG. ~ EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO BETTER ROADS, INC. FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT IMMOKALEE ROAD AND WILSON BOULEVARD., COLLIER COUNTY PROJECT # 66065A; BID # 99-2983. OBJECTIVE: To have the Board approve award of a construction contract to the lowest and most responsive bidder for Immokalee Road and Wilson Boulevard Intersection Improvements. CONSIDERATIONS: The Transportation Services Department contracted with WilsonMiller, Inc. to prepare construction drawings for the Immokalee Road and Wilson Boulevard intersection improvement project. Public Works Engineering Department has been assigned the responsibility to manage this project during construction. Staff recommends award of the contract to the lowest, responsive bidder for the Base Bid. On September 8, 1999, three bids were received by the Purchasing Department as follows: BIDDER Better Roads, Inc. Bonness, Inc. APAC TOTAL BID AMOUNT $440,512.54 $447,140.59 $476,108.54 Better Road Inc submitted the lowest and most responsive bid. Better Road, Inc has performed similar work for the County and has established a satisfactory performance record in the past. ,.~,~ FISCAL IMPACT Funds in the amount of $440,512.54 will be available in FY00 in Road ,,~ ,, Construction Gas Tax. Funding source is Gas Tax. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award a construction contract to Better Road Inc., for the construction of the Immokalee Road and Wilson Boulevard intersection improvement project, Bid # 99-2983, and authorize its Chairwoman to sign said contract. SEP 2 8 1999 p~;. / SUBMITTED BY: A. Nyankadau Korti, Project Manager Public Works Engineering Department Steve C~i'rnell, D~ector ' Purchasing Department ' ~ JeffBibby, P.E., Director Public Works Engineeri ent Edward J. Kan ,t~/P]t~. Director Transportation ~/rv~ ces Department APPROVED BY:~ Ed Ilschner, Administrator Public Works Division Date: Date: Date: Date: Date: cc: Project File (#63041) Richard J. Hellriegel, P.E., SR Project Manager SEP 2 8 1999 PG. 0 0 EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT CATEGORY "A" FUNDING APPLICATIONS. OBJECTIVE: To obtain approval of funding applications as recommended by the Tourist Development Council. CONSIDERATIONS: On August 30, 1999, the Tourist Development Council considered the below noted applications for Category "A" funding. All applications were reviewed by the Beach RenourishmenffMaintenance Committee on June 10, 1995 and August 5, 1999 and were forwarded to the Tourist Development Council with unanimous recommendations for approval except as follows: 1. Beach Maintenance Activities - recommended for approval less Item 1 (0, New Equipment in the amount $232,700 resulting in a recommendation for approval in the amount of $350,000. 2. Construction of Additional Temporary T-Groins at Hideaway Beach - recommended for approval with a vote of 6-3 in favor. 3. Collier Bay Entrance Channel Dredging - recommended for approval with a vote of 8-1 in favor. Clam Pass Boardwalk Restoration Project - recommended for approval with a vote of 6-1 in favor. Tigertail Beach Concession Area Improvement - recommended for denial with a vote of 5-2 in favor. 6. Parker Sand Web System - recommended for approval with a vote of 8-1 in favor. The Tourist Development Council recommended approval of these applications as follows: PROJECT DESCRIPTION RECOMMENDED AMOUNT 1. Wiggins Pass Maintenance Dredging 2. Production & Stockpiling of Beach Fill Material 3. Beach Maintenance Activities 4. Doctor's Pass Inlet Management Plan Monitoring 5. Doctor's Pass Maintenance Dredging 6. Emergency Dredging of Gordon Pass 7. Post-construction monitoring for the Collier County Beach Restoration project 8. Annual Monitoring Services for the Marco Island Beach Renourishment project 9. Monitoring the Performance of the Marco Island Segmented Breakwater project $885,995.00 240,000.00 350,OOO.OO 8,600.00 468,800.00 250,000.00 311,300.00 110,935.00 26,290.00 10. Monitoring the Performance of the Marco Island T-Groin project. 11. Sea Turtle Monitoring during the 2000 Nesting/Hatching Season 12. Project Management Fees for services I,.ovided by PWED during FY 99/00. 13. Construction of Additional Temporary T-Groins at Hideaway Beach 14. Collier Bay Entrance Channel Dredging 15. Bluebill Park Beach Access Development 16. Clam Pass Boardwalk Restoration project 17. Tigertail Beach Concession Area Improvement 18. Parker Sand Web System Total 140,168.00 129,700.00 157,800.00 271,453.00 315,750.00 634,000.00 400,000.00 425,000.00 1,131,740.00 $6,257,531.00 FISCAL IMPACT: Sufficient funds have been included in the budget and/or are available in the reserves of the Tourist Development Fund for this obligation during FY 99/00. 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 $6,257,531.00. SUBMITTED BY: ~ Harold E. Huber, Project Manager III Public Works Engineering Department REVIEWED BY: ,~ Jeff Bibby, P.E., Director Public Works Engineering Department APPROVED Public Works Division Attachments CC: Beach Renourishment/lVlaintenance Committee Tourist Development Council Date: ~' ~'~': 07 Date: Date: NA TURA L RESO UR CES .' 1.4 NA GEMEN T 735 8TIt STREETSOUTif, AStPLES, FL 34102 941-434-4610 Su.com 974-4610 F.4X 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 , ~_mltted by the Collier County Board of County Commissioners ; to be used for_Wiggins Pass Maintenance Dredging : is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: Date 06 August 1999 Richard Lydon, ~hairman JCS/Wordata/Beach Committee/TDC funding approval form.doc 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 Administrator 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 Pamela S. Mac'Kie Chairwoman Board of County Commissioners 4. Brief Project Description: Wiggins Pass Maintenance Dredging 5. Estimated project start date: October, 1999 6. Estimated project duration: Six (6) Months 7. Total amount requested: $885,995.00 J ,o._i4, I SEP 281B99 ,~.. '-f-' . ~: Collier County Tourist Development Council Grant Application Page 2 10. 11. 12. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Identify the goals and objectives for the project: The project consists of the construction activities associated with the semi-annual dredging of Wiggins Pass scheduled to commence in November, 1999. Such will include the widening and deepening of the channel in accordance with the Inlet Management Study approved in January, 1996. Describe what benefits will be received from the proiect: Performance of the proposed activity will provide the necessary services to maintain a safe channel for navigation purposes. Describe how the effectiveness of the proiect will be evaluated: The effectiveness of the project will be evaluated through: Satus reports presented to the Beach Renourishment/Maintenance Committee. Monitoring reports presented to the regulatory agencies. (2) Describe how the project enhances existing County Tourist Development Programs: Maintaining a safe channel for navigation at this location will help ensure the viability of a major tourist attraction in the area. tO 13. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier C6unty and will be administered by a project manager in the Public Works Engineering Department. The basis of the project budget consists of the estimate for those construction activities associated with the maintenance dredging of Wiggins Pass. The total amount of the proposed budget is $885,995.00. no. /~ (~L9 SEP 2 8' i [t9 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 asa 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 (X) No ( ) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration Project? Yes (X) No ( ) SEP 2 8 1999 PG. Collier County Tourist Development Council Grant Application Page 4 * 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 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. (~ Jeff Bibbv, 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. GrantAppl.! 1524 AGEND~ ITEH. SEP 2 B 1 99 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET WIGGINS PASS MAINTENANCE DREDGING ACTIVITY 1. Mobilization/Demobilization 2. Dredge and Fill (53,000 C.Y. ~$5.25) 3. Rock~Clay~Peat Removal (42,000 C.Y. ~ $9.10) 4. Contingency (10%) TOTAL AMOUNT $145,000.00 278,250.00 382,200.00 80,545.00 $885,995.00 Grant Appl. 11524 SEP 2 8 1BBB NATURAL RESOURCES MANAGEMENT 735 8TH STREETSOUTH, NAPLES, FL 34102 941-434-4610 Suncorn 974-4610 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 Recommendation The attached request for TDC Category A funding, submitted by the Collier County Board of County Commissioners ; to be used for Production and Stockpiling of Beach Fill Material : is recommended to be: X Approved as submitted. 'Approved with the following changes: Deferred to: Disapproved. Comments: ~ Date j~cis/Cw~oradra~a/BneYacdhOc~o~mmi~theae~TrDCm~u~nding approval form.doc 06 August 1999 SEP 2 8 1999 PG. ~ 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 Administrator 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 Organization's Chief Official and Title: Commissioner Pamela S. Mac'Kie Chairwoman Board of County Commissioners Brief Project Description: Production & Stockpiling of Beach Fill Material. e 5. Estimated project start date: August, 1999 6. Estimated project duration: Fourteen (14) Months 7. Total amount requested: $240,000.00 Collier County Tourist Development Council Grant Application Page 2 0 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: This project consists of the production and stockpiling of 50,000 cubic yards of beach quality material for use in the incremental beach maintenance program for Collier County beaches. This project represents Phase I of the program wherein the production and stockpiling of 400,000 cubic yards of material is ultimately proposed with placement on the beach scheduled at 50,000 cubic yards annually over an eight (8) year period. 10. Describe what benefits will be received from the proiect: Proper maintenance of the restored beached will enhance longevity of the design life and effect potential long-term cost savings. 11. Describe how the effectiveness of the proiect will be evaluated: Effective maintenance and performance of the beach fill as designed will be determined through the results of the annual project monitoring program. 12. Describe how the project enhances existing 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 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 estimated cost for the production and stockpiling of 50,000 cubic yards of beach fill material. The total amount of the proposed' budget is $240,000.00. AGEND~ IT£H~ x .o. 14, (/3)('7) SEP 2 8 1999 PG.~ !1 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 ( ) 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 (X) No ( ) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration 'project? Yes (X) No ( ) Collier County Tourist Development Council Grant Application Page 4 * 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. Thi's application will be considered by the Beach Renourishment/Maintenance 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. ~Jef ./Bib~bv~rector, 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. GrantAppl. 11526 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET PRODUCTION & STOCKPILING OF BEACH FILL MATERIAL ITEM DESCRIPTION AMOUNT Production & Stockpiling, F.O.B. Bonita Grande Sand Company - 50,000 cubic yards ~ $4.80 $240,000.00 HEH.Ih. 11526 NATURAL RESOURCES MA,YAGIz3tENT 735 8Ttt STREET SOUTlt, N.4PLES, FL 34102 941-434-4610 Suncorn 974-4610 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 Recommendation The attached request for TDC Category A funding, Collier County Board of County Commissioners to be used for Beach Maintenance Activities submitted by the ; is recommended to be: Approved as submitted. X Approved with the following changes: Defer funding new__ equipment, $232,700.00, until decisions are made regarding the level of beach maintenance desired. Total approved is $350,000.00 Deferred to: Disapproved. Comments: h a~ d~e Da t e Ric Chairman JCS/Wordata/Beach e/TDC funding approval form.doc 06 August 1999 SEP 2 8 1999 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 Administrator 3301 East Tamiami Trail Naples, FL 34112 1. Name and Address of Applicant Organization: Collier County Board of Count)' 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 Pamela S. Mac'Kie Chairwoman Board of County Commissioners 4. Brief Project Description: Beach Maintenance Activities 5. Estimated project start date: October, 1999 6. Estimated project duration: Twelve (12) Months 7. Total amount requested: $582,700.00 t~O .~ SEP 2 8 1999 PG'i ,,/~lm~ I Collier County Tourist Development Council Grant Application Page 2 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 activities associated with maintenance of the Collier County and Marco Island beach restoration projects as follows: a) Routine beach cleaning additional equipment. b) Dune Maintenance. c) Maintenance of Structures. d) Beach Tilling e) Post-Storm Cleanup. operations including the purchase of 10. Describe what benefits will be received from the project: Proper maintenance of the restored beaches will enhance longevity of the design 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. 12. Describe how the project enhances existing 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 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 estimated costs associated with maintenance of the Collier County and Marco Island beach restoration projects. The total amount of the proposed budget is $582,700.00 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 nwarenes.s 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 ( ) 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 ( ) ! Collier County Tourist Development Council Grant Application Page 4 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 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 ali guidelines and criteria. ~/Jeff Bibb.v, P.E., Director, Public Works Engineering Department Signature of Organization's Chief Official or Designee* *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. GrantAppl.11601 .o. /a ) (7./ SEP 2 8-)999 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET BEACH MAINTENANCE ACTIVITIES (FY 99100) ACTIVITY BEACH CLEANING OPERATIONS AMOUNT a) Personnel $117,400 b) Fuel 4,400 c) Parts & Maintenance 70,900 d) Equipment Cartage 6,000 e) Trash Removal 15,000 f) New Equipment 232,700 DUNE MAINTENANCE 2.5 Acres ~ $20,000 BEACH TILLING 100 Acres ~ $250 MAINTENANCE OF STRUCTURES TOTAL POST-STORM CLEANUP 50,000 25,O00 30,000 31~000 $582,700 GrantAppl 11601 SEP 28159 NA TUR/IL RESOURCES MztNAGEMENT 735 8TH STREETSOUTH, NAPLES, FL 34102 941-434-4610 Suncom 974-4610 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 Recommenda[ion The attached request for TDC Category A funding, submitted by the City of Naples ; to be used for Doctors Pass Inlet Management Plan Monitoring is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: ar~d~~,~Ch~airm~,~. . Date Rich n JCS/Wordata/Beach Committee/TDC funding approval form.doc 06 August 1999 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 management.) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council Count' AKministrator 3301 East Tamiarni Trail Naples. FL 34112 1. Name and Address of Applicant Organization: CiD' of Naples 735 Eigh2~ Street South Naples, FL 34102 2. Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Brief Project Description: To conduct the r~ermit - comr~liance monitorine for the imr~lementation of Doctor's Pass Inlet Mana_oement Plan  " AGENDAIT;rd .~ .o. //_. t'~? SEP 2 8 1999 Collier County Tourist l)cvclopment Council Grant Application Page 2 6. 7. 8. 0 Estimated project start date: October I. 1999 Estimated project duration: One Year Total amount requested: $8.600 If the full amount requested cannot be awarded, can the program/project be Restructured to accommodate a smaller award? Yes No X Identify the goals and objectives for the project: To monitor der)th in the inlet system and its ar>r>roaches in order to schedule periodic 10. dred~ine and to satisfy the lon?term r)e,--mit conditions. Describe what benefits will be received from the project: Navi_oabilitv into the Moorin_os Bay System is assured and an annual averao_e of 10.000 11. 12. 13. cu. yds. of sand is bvr~assed onto the beach to the south. Describe how the effectiveness of the project will be evaluated: Stand~d survey technology Describe how the project enhances existing County Tourist Development programs: It helr)s maintain the only inlet into the 3-mile lone Moorines Bay System. Describe how financial resources will be'monitored. Standard City of Naples Finance Department vroiect manaeement and accounting; procedures. ('7) SEP 2 8 1999 PG. Collier CounD' 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 Count)' beach restoration project and/or pass maintenance/dredgin~management projects? Yes (X) No ( ) · Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier Count)' beach restorations 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 (X) No ( ) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) ~II£M .o. SEP 2 8 1999 ~,G._.~.d- Collier Count-,' Tourist Development Council Grant Application Page 4 · Is there a potential for an alternative/matching fundi:g source? Yes (X) No ( ) If"Yes", please identify Florida DEP · 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? Not vet-No meetine in Julv Collier County Tourist Development Council ' Grant Application Page 5 I have read the Beach Renourishment and Pass Guidel, les and criteria and agree that my organ&.~gti~ will compl.v with all guidelines and criteria. Signature of r ani ati ?r4 fiief Of cial or Designee* Date: O~ t0~ ' ct~ *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 Count3' Commissioners on August 24, 1993, Agenda Item 16 (H)(2). SEP 2b 1999 Collier Count).' Tourist Development Council Grant Application Page 6 PROJECT BUDGET Semi-annual monitoring: Labor and overhead... Vessel, su~'ey fathometer, Precision positioning, etc .... Contingency Total S6,400.00 1,6o0.00 600.00 $8,60O.00 NATURAL RESOURCES MANAGEMENT 735 8Tll STREETSOUTH, NAPLES, FL 34102 941-434-4610 Suttcol;! 974-4610 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 Recommendation The attached request for TDC Category A funding, submitted by the City of Naples to be used for_Maintenance Dredging of Doctors Pass is recommended to be: X__ Approved as submi[ted. Approved with the following changes: Deferred to: Disapproved. Comments: Richard~ Eydon,~hairman Date ,---~JCS/Wordata/Beach Committee/TDC funding approval form.doc 06 August 1999 SEP 2 8 1999 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: EXHIBIT A Admin/s~-a~or Collier Co,,.m~ Tourist Development Council Count)' Administrator 3301 Ea3t Tamiami Trail Naples, FL 34112 Name and Address of Applicant Organization: Cit)' of Naples 735 Eigh~ Street South Naples, FL 34102 Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 Organization's Chief Official and Title: Bill Bamen, Mayor Brief Project Description: To maintenance dredee Doctors Pass in conformance with the Doctors Pass Inlet Manaeernent Plan. SEP 2 8 1999 Collier Count).' Tourist Development Council Grant Application Page 2 6. 7. 8. e Estimated project start date: Estimated project duration: Six months Total amount requested: $468.800 If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? Yes No X Identify the goals and objectives for the project: The Inlet Manaeement Plan reouires dredeine 40.000 cu. yds. of sand from the Pass on a four-year cycle, with sand placement on the beach to the south. That sand volume is included in the Beach Manaeement Plan. 10. Describe what benefits will be received from the project: The inlet will remain will remain navieable and the reouired bvrmssine of sand will renourish the beach to the south. 11. Describe how the effectiveness of the project will be evaluated: Post-construction surveys and r~rofiles x~411 determine the volume of sand bvr~assed. 12. Describe how the project enhances existing County Tourist Development programs: It maintains the only inlet into the 3-mile lone Moorines Bay System. 13. Describe how financial resources will be monitored. Standard City of Naples Finance Department proiect manaeement and accountinq procedures. NO' .~AGt2~t* I'~EDI., "i 1 SEP 2 8 1999 Collier CounD' 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/dredgin~management projects? Yes O0 No ( ) · Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier County beach restorations 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 (X) No ( ) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) Collier Count).' Tourist Development Council Grant Application Page 4 · Is there a potential for an alternative/matching funding source? Yes (X) No ( ) If"Yes", please identify Florida DEP · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes ~) No( ) · Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Not vet - No meetin~ in Julv Collier Count).' 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. Signatur~ of :6~anXlzafion~ Cl~i~/~fficial or Designee* Date: O ~ 4~' ~ *Director of Office of Capital Projects Management author~ed to sign Catego~ "A" applications on behalf of the Chairman of the Board of Coun~ Commissioners. Approved by Board of Coun~ Commissioners on August 24, 1993, Agenda Item 16 (~(2). SEP 2 8 lS99 ~¢. ,~3~ ..... Collier Count',' Tourist Development Council Grant Application Page 6 PROJECT BUDGET Dredging project: Mobilization/demobilization... Dredge 45,000 cu. yds .... Additional dredging, if needed Engineefin.c/construction management Contingency, 5% $100,000.00 245,000.00 71,50O.0O 30,000.00 22,30O.O0 $468,8OO.O0' SEP 2 8 1999 · I~C~o ~._..~.~~ , - NATURAL RESOURCES MANAGEMENT 735 8Til STREET SOUTH, NAPLES, FL 34102 941-434-4610 Suncom 974-4610 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 Recommendation The attached request for TDC Category A funding, submitted by the City of Naples ; to be used for_Emergency Dredging of Gordon Pass is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: ___~ Date Richard Ly~o'n, Ch~airman JCS/Wordata/Beach Committee/TDC funding approval form.doc 06 August 1999 I P?-3 __ 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 management.) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Administrator 3301 East Tamiarni Trail Naples, FL 34112 I. Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples, FL 34102 2. Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Brief Project Description: Emereencv dredeine of Gordon Pass Channel. Collier Count2,.' Tourist Development Council Grant Application Page 2 5. 6. 7. 8. Estimated project start date: Octoberl. 1999 Estimated project duration: Three months Total amount requested: $250.000 If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? Yes X No Identify the goals and objectives for the project: To remove the worst shoaling from the inlet channel to ensure navigability. 10. Describe what ben~fits will be received from the project: Gordon Pass x~511 remain navigable for vresent users. 11. Describe how the effectiveness of the project will be evaluated: Post-construction surveys. 12. Describe how the project enhances existing County Tourist Development programs: It ensures continuing use of by commercial and recreational vessels. 13. Describe how financial resources will be monitored. Standard Cirv of Navies Finance Devartment vroiect management and accountin~ procedures. SEP 281§99 [ ] Collier Count).' Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide ao:litional information, if necessa~': · 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 tX) ,~'o ( ) · Is the proposed project part of the ongoing Collier Count).' beach restoration project and/or pass maintenance/dredginodmanagement projects? Yestx) No ( ) · Is the proposed project required by a regulatory agency as a condition for approvaL/funding the Collier Count)' beach restorations projects? Yes tx) 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 (X) No ( ) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) 2 8 1999 Collier Count)' Tourist Development Council Grant Application Page 4 · Is there a potential for an alternative/matching funding source? Yes (X) No ( ) If"Yes", please identify Florida DEP · 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? Not vet - No meetine in July SEP 2 8 1999 Collier Countw Tourist I)evclopment Council Grant Application Page 5 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that n v organization will comply with all guidelines and criteria. Signatur~ of o~anXtza~on~s Cl~i~/f~fficial or Designee* Date: 0 ~ ~'5~ *Director of Office of Capital Projects Management author~ed to sign Catego~ "A" applications on behalf of the Chairman of the Board of Coun~ Commissioners. Approved by Board of Coun~ Commissioners on August 24, 1993, Agenda Item 16 (H)(2). J .o /,~ ,,"~.) I SEP 2 8 Collier Count2,.' Tourist Development Council Grant Application Page 6 PROJECT BUDGET Gordon Pass emergency dredging: Permit application and design engineering... Mechanical dredging of estimated 25,000 cu. yds. $32,500.00 217,500.00 $250,000.00 ! SEP 2 8 1999 I ~ 5,'/ NATURAL RESOURCES MANAGEMENT 735 8Tit STREETSOUTlt, NAPLES, FL 34102 941-434-4610 Su.com 974-4610 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 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 recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: Ric~~irman Date JCS/Wozdata/Beach Committee/TDC funding approval form.doc 06 August 1999 SEP 2 8 1999 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 A'dministrator 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 774-8192 3. Organization's Chief Official and Title: Commissioner Pamela S. Mac'Kie Chairwoman Board of County Commissioners 4. Brief Project Description: Post-construction Monitoring for the Collier County Beach Restoration Project. 5. Estimated project start date: May, 2000 6. Estimated project duration: Twelve (12) Months 7. Total amount requested: $311,300.00 SEP 2 8 1999 Collier County Tourist Development Council Grant Application Page 2 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 proiect will be evaluated: Results of the monitoring will be presented in report form to the permitting agencies and the Beach Renourishment/Maintenance Committee for review and recommendations as to future activities necessary to maintain the integrity of the Beach Restoration Project. 12. Describe how the project enhances existing 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 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 $311,300.00. SEP 2 8 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? 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 ( ) 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 ( ) ] SEP 2 8 1999 ~ollier County Tourist Development Council Grant Application Page 4 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 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. Jeff Bibby, P.E., Director, Public Works Engineering Department Signature of Organization's Chief Official or Designee* Date: "~/et/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 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. GrantAppl. 11600 ITEM,,, · __Zap) tTj Collier County Tourist Development Council Grant Application Page 5 ACTIVITY 1. Coordinate Agency Requirements 2. Environmental and Biologic Monitoring 3. Surveys (a) Annual Monitoring (b) Post-Storm Allowance 4. Design and Coordination of Maintenance Activities 5. Wood Groin Permitting 6. Contingency (10%) PROJECT BUDGET COLLIER COUNTY BEACH RESTORATION POST-CONSTRUCTION MONITORING May,2000 - April, 2001 AMOUNT $25,800.00 78,100.00 TOTAL 66,000.00 40,000.00 43,900.00 29,200.00 28,300.00 $311,300.00 Grant Appl. 11600 7 NATURAL RESOURCES I~tANA GEMENT 735 8TH STREETSOUTH, NAPLES, FL 34102 941-434-4610 Suncom 974-4610 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 Recommendation The attached request for TDC Category A funding, submitted by the Collier County Board of County Co~missioners ; to be used for_Annual Monitoring Services for the Marco Island Beach Restoration Project : is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: Rich-a~ irman ~ JCS/Wordata/Beach Committe~/TDC fu.nding approval form.doc 06 August 1999 ,,! HO ] SEP 2 8 1999 PG. J'/Oc' ..=, EXI'IBIT 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 Administrator 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 lII 774-8192 3. Organization's Chief Official and Title: Commissioner Pamela S. Mac'Kic Chairwoman Board of County Commissioners 4. Brief Project Description: Annual Monitoring Services for the Marco Island Beach Renourishment Project. Estimated project start date: Estimated project duration: Total amount requested: September, 1999 Twelve {12) Months $110,935.00 SEP 2 8 1999 Collier County Tourist Development Council Grant Application Page 2 10. 11. 12. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Identify the goals and objectives for the project: The project consists of those professional services necessary to: a) Perform post-construction monitoring as required by special conditions contained in the construction permits. b) Provide design and permit coordination related to various maintenance activities within the project limits. 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. Describe how the effectiveness of the project will be evaluated: Results of the monitoring services will be presented in report form to the permitting agencies and the Beach Renourishment/Maintenance Committee for review and recommendations as to future activities necessary to maintain the integrity of the Beach Restoration Project. Describe how the project enhances existing County Tourist Development Programs: Proper maintenance of the Beach Restoration Project will help to ensure the viability of the area's major tourist attractions. 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 $110,935.00, SEP 2 8 1999 ,5-6 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 ( ) 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 ( ) SEP 2 8 1999 PG. Collier County Tourist Development Council Grant Application Page 4 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 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. Jeff 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. GrantAppl.11525 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET MARCO ISLAND BEACH RENOURISHMENT ANNUAL MONITORING (FY 99/00) ACTIVITY 1. Assist Owner Relative to Agency Required Permit Stipulations a. Aerial Photographs b. Beach and Offshore Profiles c. Shoal Maps d. Monitoring Assessment e. Report Preparation, Compilation and Printing f. Administration AMOUNT $10,200.00 $48,950.OO $ 3,000.00 $16,300.00 $ 1,500.00 $ 1,700.00 2. Provide Owner Authorized Additional Services a. Design and Coordination of Maintenance Activities 3. Contingency (10%) TOTAL $19,200.00 $10,085.00 $110,935.00 GrantAppl. 1 1 ~25 SEP 2 8 1§§9 i N/I TUR,4L RESOURCES MANAGEMENT 735 8Ttl STREETSOUTH, NAPLES, FL 34102 941-434-4610 Sttncom 974-4610 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 Recommendation The attached request for TDC Category A funding, submitted by the Collier County Board of County Commissioners ; to be used for Monitcring the Marco Island Segmented Breakwater Project : ---is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments:  Date Ric irman JCS/Wordata/Beach Committee/TDC funding approval form.doc 06 August 1999 SEP 2 8 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance rcnourishmcnt, 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 3301 £a~t Tamiami Trail Naples, FL 34112 EXHIBIT Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Hubcr Project Manager III 774-8192 Organization's Chief Official and Title: Commissioner Pamela S. Mac'Kie Chairwoman Board of County Commissioners Brief Project Description: Monitoring the performance of the Marco Island Segmented Breakwater project. Estimated project start date: Estimated project duration: Total amount requested: January, 2000 Twelve (12) Months $26,290.00 Collier County Tourist Development Council Grant Application Page 2 e 10. 11. 12. If the full amount requested cannot be awarded, be restructured to accommodate a smaller award? Yes No X can the program/project Identify the goals and objectives for the project: This project consists of those professional services necessary to monitor the performance of the Marco Island Segmented Breakwater construction consistent with the program required by the state following completion of the Marco Island Beach Restoration Project. Describe what benefits will be received from the project: Documenting the performance of the breakwater during the initial period following construction is extremely important. The breakwaters were designed to provide a sheltered area which will accumulate sand along a specific section of shoreline. The purpose of the monitoring is to determine to what degree the breakwaters are achieving the desired shoreline response. The recommended frequency of the monitoring surveys is to determine shoreline response as a function of time, because it is anticipated that the initial response will be relatively rapid compared to later years as the beach equilibrates to the modified wave climate. Furthermore, the recent beach renourishment project will experience initial adjustment that will have to be compared to the post construction adjustment of the 1991 nourishment project in order to quantify the effect of the breakwater. The proposed monitoring will therefore not only measure the magnitude of the shoreline response but also measure the rate at which it occurs. This information will insure that if at some future date it is determined that the structure should be modified to improve the shoreline response or if the structure should be extended to protect a longer section of shoreline, that the design of such changes may be done in the optimum manner. Describe how the effectiveness of the project will be evaluated: Results of the monitoring will be presented in report form to the permitting agencies and the Beach Renourishment/Maintenance Committee for review and recommendations as to future activities necessary to maintain the integrity of the Segmented Breakwater Project. Describe how the project enhances existing County Tourist Development Programs: This project is integral to the long term performance and viability of the Marco Island Beach Restoration Project which is a major contribution to the tourist attraction. Collier County Tourist Development Council Grant Application Page 3 13. 14. 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 bc 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 an amendment to the Professional Services Agreement with Humiston & Moore Engineers. The total amount of the proposed budget is $26,290.00. 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 ( ) No (X) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) 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 (X) No ( ) * Is there a potential for an alternative/matching funding source? Yes ( ) No (X) 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 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. ~Jef~"B~bb~v,~rector, Public Works Engineering Department Signature of Organization's Chief Official or Designee* Date: 7/~ x/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). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998. GrantAppl.! 1603 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET MARCO ISLAND SEGMENTED BREAKWATER PROJECT PERFORMANCE MONITORING ACTIVITY 1. Beach Monitoring Analysis of beach profiles out to wading depth at nine locations at approximately 100 foot intervals from the south groin to the north end of the seawall at Cape Marco and analysis of the data for incorporation in the subsequent annual monitoring report. 2. Beach and Hydrographic Monitoring Analysis of Beach profiles as described above plus hydrographic surveys of the nearshore region around the breakwater segments, the inlet shoals, and portion of the channel. Analysis of the data, comparison with previous surveys, and preparation of an annual report with graphic iljustrations and discussion of results. 3. Additional Services To include but not be limited to meeting, presentations, administrative assistance, and agency coordination as may be requested by the Owner. 4. Contingency (10%) TOTAL GrantAppli 11603 AMOUNT $ 5,380 $11,020 $ 7,500 $ 2,390- $26,290 ] SEP 2 8 NA TURA L RESOURCES 31,4,,%5! GEMENT 735 8Tll STREETSOUTH, NAPLES, FL 34102 941-434-4610 Suncom 974-4610 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 Reconunendation The attached reques~ for TDC Category A funding, submitted by the Collier County Board of County Commissioners ; to be used for_Monitoring the Marco Island T-Groin Project : is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: _~~~ Date Richard Lydon,"~hai rman JCS/Wordata/Beach Committee/TDC funding approval form.doc __06 August 1999 2 8 1999 EXHIBIT A e 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 Administrator 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 Organization's Chief Official and Title: Commissioner Pamela S. Mac'Kie Chairwoman Board of County Commissioners Brief Project Description: Monitoring the performance of the Marco Island T-Groin Project. 5. Estimated project start date: January, 2000 6. Estimated project duration: Twelve (12) Months 7. Total amount requested: .. . $140,168.00 Collier County Tourist Development Council Grant Application Page 2 o 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 monitoring of the Marco Island T-Groin project as required by special conditions in the permits issued by FDEP. 10. Describe what benefits will be received from the proiect: The information and data provided by these services will be used to evaluate the performance of these temporary structures and provide a basis for the design and application for permitting of permanent structures. 11. Describe how the effectiveness of the project will be evaluated: Results of the monitoring will be presented in report form to the permitting agencies and the Beach Renourishment/Maintenance Committee for review and recommendations relative to installation of permanent structures for the stabilization of Hideaway Beach. 12. Describe how the project enhances existing County Tourist Development Programs: This project is consistent with and implements recommendations included in the Big Marco and Capri Pass Inlet Management Study approved by the Board of County Commissioners on November 25, 1997. 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 an amendment to the Professional Services Agreement with Humiston & Moore Engineers. The total amount of theproposedbudget is $140,168.00. 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 ( ) 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 ( ) SEP 2 8 1B99 J Collier County Tourist Develovment Council Grant Application Page 4 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 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. ~Jeff .B~'b~P~ctor, 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. GrantAppl. 11602 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET MARCO ISLAND T-GROIN PROJECT PERFORMANCE MONITORING 3. 4. 5. ACTIVITY Task A: Comprehensive Survey, Data Analysis and reduction Task B: Compaction Testing Task C: Reports & Analysis TaskD: Post-Storm Survey Allowance Task E: Additional Services: Meetings, presentations administration assistance, and agency coordination as may be requested by the Owner 6. Contingency (10%) TOTAL AMOUNT $46,940.00 $ 2,105.00 $11,970.00 $58,910.00 $ 7,500.00 $12,743.00 $140,168.00 Grant Appl.11602 SEP 2 8 t399 NA TURA L RESOURCES 3L4/VA GEMENT 735 8Ttt STREETSOUTit, NAPLES, FL 34102 941-434-4610 Suncom 974-4610 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 Recommendation The attached request for TDC Category A funding, submitted by the Collier County Board of County Commissioners ; to be used for Monitoring the City and County Beaches for Sea Turtle Activities and Conduct Additional Required Studies : is recommended to be: Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: Richard Lyd~~,~C irman JCS/Wordata/Beach Committee/TDC funding approval form.doc Date __06 August 1999 ? 2 8 13 3§ 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 Administrator 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 Pamela S. Mac'Kie Chairwoman Board of County Commissioners 4. Brief Project Description: Monitor County and City beaches for Sea Turtle Activities and Conduct Additional Required Studies during the 2000 Nesting/Hatching Season. 5. Estimated project start date: October 01, 1999 6. Estimated project duration: One (1) year 7. Total amount requested: $129,700 Collier County Tourist Development Council Grant Application Page 2 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 following coastal construction activities conducted in Collier County, require coastal construction permits from the State of Florida. a. Beach nourishment; b. Construction, excavation or maintenance of coastal inlet and related shoals; c. Beach cleaning and grooming activities landward of the mean high- water line. The following excerpts from current regulations (Chapter 16B-41, Rules and Procedures for Application for Coastal Construction Permits, Florida Administrative Code), provides for the scope of the permitting process and protection of marine turtles as it relates to the aforementioned activities. 16B-41.001 Scope This chapter provides the requirements and procedures for the issuance, denial, transfer, renewal, modification, suspension and revocation of coastal construction permits. In this chapter, Coastal Construction is defined as "any work or activity on or encroaching upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes. 16B-41.0055 Protection of Marine Turtles (Florida Administrative Code) (1) In keeping with the Departments Authority to protect marine turtles pursuant to Section 370.12, Florida Statutes, any application for a permit under this Chapter for coastal construction that affects marine turtles shall be subject to the conditions and requirements for marine turtle protection as part of the permitting process. (2) The Department shall require appropriate measures to protect marine turtles and their habitat, such as: nest surveys, nest relocation, nest marking, modification of coastal construction, measures to reduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat. The Collier County Natural Resources, with assistance from Conservancy, Inc., monitor the following beaches for sea turtle nesting activities as a permitting requirement of the State. SEP 2 8 1599 Collier County Tourist Development Council Grant Application Page 3 Barefoot Beach: construction, excavation or maintenance of Wiggins Pass (only that area included within the area of influence of Wiggins Pass; 1 mile north of Pass south to Wiggins Pass); pass material disposal location (renourishment). Vanderbilt Beach: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Wiggins Pass and Clam Pass); beach cleaning and grooming activities landward of the mean high-water line. Parkshore: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Clam Pass and Doctors Pass). Various studies and intensive monitoring of upland beach fill. City of Naples: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Doctors Pass and Gordon Pass). Marco Island: construction, excavation or maintenance of a coastal inlet and related shoals (Big Marco Pass and Caxambas Pass); Beach nourishment; Hideaway Beach T-Groin; beach cleaning and grooming activities landward of the mean high-water line. Intensive monitoring and additional studies of upland sand beach fill. The duties and associated costs of the program are as follows: 1. Administrative/Permitting 2. Reconnaissance and Beach Zoning 3. Daily Monitoring (7 days/wk./beach) 4. Evaluation 5. Mapping 6. Data Entry 7. Disorientation's (associated with beach profile) 8. Reports (Annual and Sea Turtle Protection Plan) 9. Mobilization/Demobilization 10. Vehicle Maintenance 1 1. Supplies 12. Beach Compaction Studies and Reports 13. Nest Relocation in Construction Areas 14. Monitoring and Reporting of Escarpments 15. Additional studies required by state/federal temperatures, ground/surface water monitoring). permits (i.e. sand/nest The purpose of this application is to obtain funds to perform the requirements of a sea turtle protection program in the specified locations. 10. Describe what benefits will be received from the proiect: (a) The program enhances the potential for receipt of funding assistance from State and Federal Agencies for coastal construction, including beach nourishment and inlet management. SEP 2 8 Collier County Tourist Development Council Grant Application Page 4 11. 12. (b) The program allows for numerous activities seaward of the State Coastal Construction Control Line (CCCL) to be conducted during the sea turtle nesting season. (c) Allows activities otherwise prohibited during sea turtle nesting season to be conducted (i.e. beach raking). (d) Provides coordination with State and Federal agencies for the protection of threatened and endangered species. (e) Provides baseline data utilized by engineering consultants related to beach design which could result in a reduction of expenses to the County. (f) Provides for beach sand compaction studies as required by Federal and State permit conditions. Describe how the effectiveness of the project will be evaluated: Prior to approval for implementation and construction, the beach nourishment and inlet management projects received extensive evaluation as to their effectiveness by the Florida Department of Enviornmental Protection, the U.S. Army Corps of Engineers and the Beach Renourishment/Maintenance Committee as well as local environmental and permitting agencies. Satisfactory provisions for continuing sea turtle protection and an adequate data base were required as part of this evaluation. Describe how the project enhances existing County Tourist Development Programs: As a requirement for approval of the beach nourishment and inlet management projects, provisions for monitoring sea turtle nesting activities are instrumental in the implementation and subsequent management of these programs. 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 (1) Personnel and Operating Costs and (2) Equipment Costs associated with performance of the monitoring activities. The total amount of the proposed budget is $129,700. SEP 2 8 lo°'39 ] Collier County Tourist Development Council Grant Application Page 5 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. Beaches are the major tourist attraction in Florida and their management and restoration is of vital importance. This project directly impacts the ability to obtain permits for such restoration. Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes. This project is a County-wide program. Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes. Environmental issues and considerations are a major component of the project design and must be satisfactorily addressed to obtain permits from the regulatory agencies. Environmental awareness is also achieved through the distribution of brochures, mail-outs, and public service announcements. Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/ dredging/management projects? Yes. This project is essential to permitting, implementation and maintenance activities related to the Collier County Beach Restoration project, the Marco Island Beach Restoration project and the six (6) inlet management projects. Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes. Sea Turtle Monitoring is a requirement for issuance of permits from the regulatory agencies for construction of the beach restoration project and subsequent maintenance. SEP 2 8 13-39 L. Collier County Tourist Development Council Grant Application Page 6 Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes. Successful and timely completion of this project is critical to implementation of beach construction and maintenance. 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. Efforts on this project will enhance the potential for receipt of state and federal funding assistance for the Collier County Beach Restoration project. Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes. Comprehensive sea turtle monitoring data will provide a basis for cost effective construction scheduling. Is there a potential for an alternative/matching funding source? Not at the present time. The DEP will offer grant assistance to Counties when sufficient money has been generated through thc sale of the State of Florida "Sea Turtle" motor vehicle license plate. The NRD will seek funding when money becomes available. Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes. The criteria for design of this project provides for compliance with provisions in the Growth Management Plan. The Board of County Commissioners has endorsed this project and the proposed schedule. Provisions for Sea Turtle protection is a major consideration in this regard. 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 regularly scheduled meetings. Their recommendation will be forwarded under separate corot. Collier County Tourist Development Council Grant Application Page 7 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. 6-' Jeff 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. GrantAppl.! 1500 Collier County Tourist Development Council Grant Application Page 8 PROJECT BUDGET SEA TURTLE MONITORING 2000 NESTING SEASON ACTIVITY A. Personnel & Operating Costs B. Equipment Costs (ATV replacement) AMOUNT $125,700 $ 4,000 TOTAL $129,700 Grant Appl.11500 /V,.I TURA L RESO 1 'RCES MA NA GE,%IENT 735 8Tll STREETSOUTll, NAPLES, FL 34102 941-434-4610 Sunconi 974-4610 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 Recommendation The attached request for TDC Category A funding, submitted by the Co!lief County Board of County Commissioners ; to be used for Project Management Fees is recommended to be: Approved as submitted. Approved with the following chan~es: Deferred to: Disapproved. Comments: Date Richard L~don,~Cha~man JCS/Word4~.a/Beach Committee/TDC funding approval form.doc 06 August 1999 EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance rcnourishmcnt, 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 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 Hubcr Project Manager III 774-8192 Organization's Chief Official and Title: Commissioner Pamela S. Mac'Kie Chairwoman Board of County Commissioners Brief Project Description: Project Management Fees for services provided by the Engineering Department during FY 99/00. Estimated project start date: October, 1999 Estimated project duration: Twelve {12) Months Total amount requested: $157,800.00 e Public Works SEP 2 8 I ]99 Collier County Tourist Development Council Grant Application Page 2 10. 11. 12. 13. 14. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes No X 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 D6partment relative to management of the beach restoration and inlet management projects. Describe what benefits will be received from the proiect: Proper management procedures will ensure successful completion and on- going coordination of project requirements. Describe how the effectiveness of the project will be evaluated: Continuous interaction with and recommendations from the Beach Renourishment/Maintenance Committee are used to maintain the most effective management policy and procedures. Describe how the project enhances existing County Tourist Development Programs: Successful management of Category "A" projects is necessary to maintain the area's major tourist attractions. 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 staff of the Public Works Engineering Department. The total amount of the proposed budget is $157,800.00. 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 ( ) SEP 2 Collier County Tourist Development Council Grant Application Page 3 * 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 ( ) 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 Collier County Tourist Development Council Grant Application Page 4 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 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. f Bibby, tot, Public Works Engineering Department Signature of Organization's Chief Official or Designee* Date' '-7//:z//9 ~ *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. GrantAppl. 11604 2 8 999 { Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET PROJECT MANAGEMENT FEES Public Works Engineering Department 2. 3. 4. 5. 6. 7. ACTIVITY Marco Island Beach Renourishment (PN80218) Capri/Big Marco Pass Inlet Management (PN80221) Clam Pass Inlet Management (PN80222) Caxambas Pass Inlet Management (PN80223) Doctors/Gordon Pass Inlet Management (PN80224) Collier County Beach Restoration (PN80225) Wiggins Pass Inlet Management (PN80226) TOTAL AMOUNT $9,900 $9,900 $1,200 $1,200 $800 $121,600 $13,200 $157,800 Grant Appl.11604 NATURAL RESOURCES MANAGEMENT 735 8TH STREET SOUTH, NAPLES, FL 34102 941-434-4655 Suncom 974-4655 FAX.NO. 941-434-3059 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 construction of additional temporary T-groins at Hideaway Beach, City of Marco Island : is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: R ic h a~r d~L vd~on ,~Ch a irma n Date JCS/Wordata/Beach Committee/TDC funding approval form.doc SEP 2 8 IB99 EXHIBIT A e Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance rcnourishmcnt, 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 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 Organization's Chief Official and Title: Commissioner Pamela S. Mac'Ki¢ Chairwoman Board of County Commissioners Brief Project Description: Construction of Additional Temporary T-Groins at Hideaway Beach 5. Estimated project start date: August, 1999 6. Estimated project duration: Nine (9) Months 7. Total amount requested: $271,453.00 I SEP 2 8 1§99 i Collier County Tourist Development Council Grant Application Page 2 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 the design, permitting and construction of two additional T-Groins along Hideaway Beach on Marco Island. 10. Describe what benefits will be received from the proiect: Performance of the proposed activities will provide additional stabilization of the beach in conjunction with the existing structures as a measure to address accelerated erosion in the area along Hideaway Beach. 11. Describe how the effectiveness of the proiect will be evaluated: The effectiveness of the project will be evaluated through: (1) Monthly status reports presented to the Beach Renourishment/Maintenance Committee. (2) Monitoring reports presented to the regulatory agencies. 12. Describe how the project enhances existing County Tourist Development Programs: As a component of the Capri/Big Marco Inlet Management Plan, this project will contribute to the long-term stability of the beach and enhance recreational use and storm protection in this area. 13. Describe how financial resources will be monitored: The project budget xvill 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 for those activities associated with the design, permitting and construction of two additional T-Groins along Hideaway Beach on Marco Island. The total amount of the proposed budget is $271,453.00. 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 ( ) 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 (X) No ( ) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) Collier County Tourist Development Council Grant Application Page 4 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 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. 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. GrantAppl. 11522 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET ADDITIONAL TEMPORARY T-GROINS AT HIDEAWAY BEACH ACTIVITY Professional Services (a) Design (b) Permitting (c) Services During Construction AMOUNT $16,890.00 20,450.00 35,235.00 Construction (a) T-Groins 70,000.00 (b) Beach Fill 104,200.00 3. Contingency (10%) 24~678.00 ~'~'"- TOTAL $271,453.00 ,'~,M TURAL RESOURCES 31ANA GE,.IIE, YT 735 8Ttl STREETSOUTH, NAPLES, FL 34102 941-434-4655 Suncotn 974-4655 FAX ~¥0. 941-434-3059 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_Collier Bay entrance channel dredging is recommended to be: X Approved as submitted. Approved with the following chan~es: Deferred to: Disapproved. Comments: ich rd~yLy o~n~, Cha R ~ irman Date JCS/Wordata/Beach Committee/TDC funding approval form.doc j SEP 2 8 EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Bcach improvement, maintenance rcnourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: e Name Administrator Collier County Tourist Development Council County Administrator 3301 East Tamiami Trail Naples, FL 34112 and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Huber Project Manager III 774-8192 Organization's Chief Official and Title: Commissioner Pamela S. Mac'Kie Chairwoman Board of County Commissioners Brief Project Description: Collier Bay Entrance Channel Dredging. Estimated project start date: Estimated project duration: Total amount requested: August, 1999 Nine (9) Months $315,750.00 t SEP 28 Collier County Tourist Development Council Grant Application Page 2 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes X 9. Identify the goals and objectives for the project: The project consists of design, permitting and construction activities associated with dredging the entrance channel to Collier Bay on Marco Island. 10. Describe what benefits will be received from the project: Performance of the planned activities will provide: (a) Mitigation for the transport of eroded material into the channel. (b) Enhance stabilization of the channel and safe navigation. (c) Provide fill material for nourishment of Hideaway Beach. 11. Describe how the effectiveness of the proiect will be evaluated: The effectiveness of the project will be evaluated through: (1) Monthly status reports presented to the Beach Renourishment/Maintenance Committee. (2) Monitoring reports presented to the regulatory agencies. 12. Describe how the project enhances existing County Tourist Development Programs: As a component of the Capri/Big Marco Inlet Management Plan, this project will contribute to the long-term goals as recommended in the Plan. 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 for those activities associated with dredging the entrance channel to Collier Bay on Marco Island. The total amount of the proposed budget is $315,750.00. SEP 2 8 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 ( ) No (X) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( ) No (X) 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 (X) No ( ) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) SEP 2 8 lS,:g9 Collier County Tourist Development Council Grant Application Page 4 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 ~vill be considered by the Beach Renourishment/Maintenance 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 m,~organization will comply with all guidelines and criteria. f 'b ' , 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. GrantAppl. 1 1523 i SEP 2 8 1'3,59 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET COLLIER BAY ENTRANCE CHANNEL DREDGING ACTIVITY 1. Professional Services (a) Design and Permitting (b) Services During Construction 2. Construction 3. Contingency (10%) TOTAL AMOUNT $63,770.00 33,275.00 190,000.00 28,705.00 $315,750.00 EP 2 8 IS99 I NATURAL RESOURCES MAWAGEMENT 735 8TH STREET SOUTH, NAPLES, FL 34102 941-434-4655 Suncom 974-4655 FAX NO. 941-434-3059 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_design, engineering and construction of 80 parking spaces and a linear pathway along Bluebill Avenue : is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: ~J Date Richard' L~d~n,% Chairman JCS/Wordata/Beach Committee/TDC funding approval form.doc i SEP 2 8 S,39 [ COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Grant Application For BLUEBILL PARK BEACH ACCESS DEVELOPMENT e e 6. 7. 8. Name and Address of Applicant Organization Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Marla Ramsey Director of Parks and Recreation 353-0404 353-1002 (fax) marlaramse¥~colliemov.net (email) Organization's Chief Official and Title Commissioner Pamela S. Mac'Kie, Chairwoman Board of County Commissioners Brief Project Description Project to entail design, engineering and construction of 80 parking spaces on North side of Bluebill Avenue west of Vanderbilt Drive, and a linear pathway on the south side of Bluebill Avenue. for beach parking access. Estimated Project Start Date: Estimated Project Duration: Total Amount Requested: Spaces will accommodate the growing demand October 1999 One (1) Year $634,000 If the full amount requested cannot be awarded, can the program / project be restructured to accommodate a smaller a~vard? SEP 281S 9 ] 10. 11. 12. 13. Yes No X Identify the goals and objectives for the project: Goal: To design, engineer and construct a park that will provide the community with additional opportunities to enjoy the beaches in Collier County. Objectives: To provide an additional 80 parking spaces within walking distance of Delnor- Wiggins State Recreational Park. To encourage safe access to the beach. Describe what benefits will be received from the project: With the growing seasonal tourist population over the last several years, the emphasis for additional beach parking spaces has grown. This project will benefit the community several ways. Eighty (80) additional spaces will offer visitors a greater opportunity to enjoy one of Collier's pristine beaches. Secondly, the additional spaces resolve a traffic and pedestrian safety issue in the area outside of the park. On busy weekends and holidays, vehicles back up onto the bridge and create a traffic bottleneck and safety concern as visitors await access into the park. Describe how the effectiveness of the project will be evaluated: Continuous interaction with the community, monitoring of the park use by the park rangers, and recommendations from the Parks and Recreation Advisory Board will be utilized to evaluate the parks effectiveness. Describe how the project enhances existing County Tourist Development programs: Successful administration of growth and beach management of Category "A" projects are necessary to maintain the area's major tourist attractions. Describe how financial resources will be monitored: The project management budget will be managed through the existing financial and management structure of Collier County and will be administered by a project manager from the Department of Parks and Recreation. The basis of the project budget consists of estimated fees for services provided by staff of the Department of Parks and Recreation and the Public Works Engineering Department (formally the Office of Capital Projects Management). The total amount of the proposed budget is $634,000 14. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlines in the Mission Statement? Yes X No · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes No X 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 project? Yes No X · 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 No X 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 X No Will the project improvement understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes No X SEP 2 8 [ PROJECT BUDGET ACTIVITY 2. 3. 4. 5. 6. 7. Department of Parks and Recreation Site Plan, Permits, Inspection Grading / Compaction Sod & Irrigation Pathway / sidewalk Landscaping Turn Lane / Parking Lot Water & Sewer TOTAL AMOUNT $132,000 $ 63,000 $152,000 $ 50,000 $110,000 $116,0O0 $ I 1,ooo $634,000 1%51TURAL RESOURCES 3/AN.4 GEMENT 735 8TH STREET SOUTH, NAPLES, FL 34102 941-434-4655 Suncorn 974-4655 FAXNO. 941-434-3059 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 reconstruction of the Clem Pass Park boardwalk is recommended Eo be: X Approved as submitted. Approved with the following chan~es: Deferred to: Disapproved. Comments: Richard Chairman JCS/Wordata/Beach Committee/TDC funding approval form.doc COLLIER COUNTY TOUR/ST DEVELOPMENT COUNCIL Grant Application For CLAM PASS BOARDWALK RESTORATION PROJECT 6. 7. 8. Name and Address of Applicant Organization Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Marla Ramsey Director of Parks and Recreation 353-0404 353-1002 (fax) marlaramsey~colliergov.net (email) Organization's Chief Official and Title Commissioner Pamela S. Mac'Kie, Chairwoman Board of County Commissioners Brief Project Description Project to entail reconstruction of the V4 mile boardwalk at Clam Pass Park. The boardwalk serves as the only access for tourists to this beach. The existing boardwalk is weathered and in need of replacement. Estimated Project Start Date: Estimated Project Duration: Total Amount Requested: October 1999 One (1) Year $400,000 If the full amount requested couldn't be awarded, can the program / project be restructured to accommodate a smaller asvard? Yes No X Identify the goals and objectives for the project: 10. 11. ge o Goal: To renovate / reconstruct the existing boardwalk to ensure safe passage and access to the beach. Obiectives: To provide continued beach access for tourists and residence alike. To encourage safe access to the beach without disturbing the environment. To impact tourism as minimally as possible while reconstructing the boardwalk. Describe what benefits will be received from the project: The beaches are one of the County's main tourist attractions. The boardwalk repairs are necessary for the continued use of Clam Pass beach. Clam Pass Park currently services visitors who utilize the 175 car parking area and the Registry Resort Hotel. The boardwalk is the only public access to this beach area. At the same time the boardwalk protects the mangrove forest from direct human interaction. Describe how the effectiveness of the project will be evaluated: The County project management staff will partner with the community to monitor the overall project effectiveness. The criteria will be based on the project's ability to: · Finish in a timely manner while impacting the tourist season as minimally as possible; · Protect the environmental sensitivity of the area; · Provide a quality product. Describe how the project enhances existing County Tourist Development programs: Successful administration of growth and beach management of Category "A" projects are necessary to maintain the area's major tourist attractions. Describe how financial resources will be monitored: The project management budget will be managed through the existing financial and management structure of Collier County and will be administered by a project manager from the Department of Parks and Recreation. The basis of the project budget consists of estimated fees for services provided by staff of the Department of Parks and Recreation and the Public Works Engineering Department (formally the Office of Capital Projects Management). ~. ~ :~~ i SEP 2 8 The total amount of the proposed budget is $400~000 10. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlines in the Mission Statement? Yes X No Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes No X 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 project? Yes No X Is the proposed Project required by a regulatory agency as a condition for approval / funding the Collier Count).' beach restoration projects? Yes No X Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes No X 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 improvement understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes No X PROJECT BUDGET ACTIVITY Department of Parks and Recreation Engineering, Permits, Inspection Construction TOTAL AMOUNT $ 50,000 $350,000 $400,000 N,.I TURAL RESOURCES MANAGEME;YT 735 8TH STREETSOUTH, NAPLES, FL 34102 941-434-4655 Suncom 974-4655 FAX NO. 941-434-3059 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 reconstruction and expansion of the deck and beach concession building at Tigertail Beach Park : is recommended to be: Approved as submitted. Approved with the following changes: Deferred to: X Disapproved. Comments: Rich~-~~/~-~ Date ' arff Lydon, C~airman JCS/Wordata/Beach Com~nittee/TDC funding approval form.doc i SEP 2 8 iS,3 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Grant Application For TIGERTAIL BEACH CONCESSION AREA IMPROVEMENT 1. Name and Address of Applicant Organization 6. 7. 8. Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Marla Ramsey Director of Parks and Recreation 353-O4O4 353-1002 (fax) marlaramsey@colliergov.net (email) Organization's Chief Official and Title Commissioner Pamela S. Mac'Kie, Chairwoman Board of County Commissioners Brief Project Description The Tigertail project entails the redevelopment and expansion of the decking and beach concession building. The current deck and concession trailer is too small for the growing tourist demand for beach concession services. During season and weekends, visitors wait in long lines for food and drink; otherwise, the public must leave the park and drive approximately a mile to the nearest facility. Estimated Project Start Date: Estimated Project Duration: Total Amount Requested: October 1999 One (1) Year $425,000 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: 10. 11. e Goal: To renovate / expand the deck and concession area to accommodate growing demand from beach visitors. Objectives: To upgrade concession facilities sufficiently in order to serve the public efficiently. To expand the deck area to accommodate the need for tables and seating space. To impact the tourism season as little as possible while expanding the deck and concession area. Describe what benefits will be received from the project: Tigertail Beach visitors, tourists and residents alike, will benefit from shorter concession lines and a greater number of tables and seating. Describe how the effectiveness of the project will be evaluated: The County project management staff will partner with the community and concessionaire to monitor the overall project effectiveness. The project will be measured by its ability to: · Finish in a timely manner while impacting the tourism season as little as possible; · Provide a quality product Describe how the project enhances existing County Tourist Development programs: Successful administration of growth and beach management of Category "A" projects are necessary to maintain the area's major tourist attractions. Describe how financial resources will be monitored: The project management budget will be managed through the existing financial and management structure of Collier County and will be administered by a project manager from the Department of Parks and Recreation. The basis of the project budget consists of estimated fees for services provided by staff of the Department of Parks and Recreation and the Public Works Engineering Department (formally the Office of Capital Projects Management). The total amount of the proposed budget is $425,000 10. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlines in the Mission Statement? Yes X No Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes No X 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 project? Yes No X 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 No X 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 improvement understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes No X PROJECT BUDGET ACTIVITY 2. 3. 4. Department of Parks and Recreation Engineering, Permits, Inspection Deck Contruction Concession Building Ramp Area TOTAL AMOUNT $ 85,000 $I10,000 $220,000 $ ~o,ooo $425,000 NATURAL RESOURCES MANAGEMENT 735 8TH STREETSOUTH, NAPLES, FL 34102 941-434-4655 Suncom 974-4655 FAX NO. 941-434-3059 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 City of Naples ; to be used for_restoration of 2,600 feet of beach, using the Parker Sand Web System is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: ~ Date Richa~n~,~Cha i rman JCS/Wordata/Beach Committee/TDC funding approval form.doc Collier County Tourist Development Couu,.~l GRANT APPLICATION Beach Renourlshment 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: City of Naples 735 8th Street South Naples, FL 34102 Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 Organization's Chief Official and Title: Bill Barnett, Mayor EXHIBIT A Brief Project Description: To restore 2,600 feet of Naples Beach using the Parker Sand Web System. , SEP 28 !g99 t .a. I/I Collier County Tourist Development Council Grant Application Page 2 6. 7. $. Estimated project start date: August 15, 1999 Estimated projec[ duration: 75 day.s Total amount requested: 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' To restore a section of Naoles Beach usin~ the Parker Sand Web Method and to monitor the project thoroughly to generate data for further applications. 10. Describe what benefits will be received from the project' A section of beach will be restored. 11. 12. Describe how the effectiveness of the project will be evaluated' Frequent mon±tor±ng for the length of the project and +/- 1,500 ft. up and down the shoreline. Describe how the project enhances existing County Tourist Development programs: Present an alternative method for beach restoration and management. 13. Describe how financial resources will be monitored: The City's Finance Department will monitor as per standard municipal accounting practices. SEP 281S99 i Collier County Tour;" 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 ,',,fission 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 tine proposed project address environmental considerations7 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 ( ) No (x) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (x) No ( ) ra.F__g/ l SEP 2 8 I Collier County Touri~' 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 (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 ( ) 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? It will be reviewed at the June i0, 1999 meeting. Collier County Tourist Development Council Grant Application Page 5 I have read th~ Beach Renourishment and Pass Guidelines and criteria and agree th~,'my organi~aJ~ion will/cSmply ~with all guidelines and criteria. Signatt~re of/Organization's ~,,-i~f Official or Designee* *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). HEH/Ih/11478 fiEP 28)S99 j Collier County Tourist Development Council Grant Application Page 6 PROJECT BUDGET 1. Permitting · Permit application engineering... · DEP application fee... Total 2. Proiect · Project mobilization and demobilization; half to be paid within 30 days of contract execution, half after certification of minimum contracted beach restoration and demobilization... · Monthly maintenance with pay quantities reported at the end of each month; Estimated production of 12,000 cu.yd, per month, at $8.50 per cubic yard, for Five (5) months, less mobilization cost... Subtotal · Excess Performance Additional payment for beach restoration volume in excess of 60,000 cu.yd. at $8.50 per cu.yd.; estimated at 30,000 cu.yd .... Project Total 3. Permit Compliance Monitoring_ Permit compliance monitoring, based on 1997 Dog Island permit~... 4. Contino_enc¥ for items l and 3 (10%~ $ 31,000 5,600 $ 36,600 $102,000 408,000 $510,000 $255,000 S765,000 $296,800 S 33,340 Grand Total S1,131.740 Note 1: Includes pre-installation topographic profile monitoring of the installation site and two control sites; daily installation-site biological monitoring (four times each da?'); ~eekly function inspections and photography'; monthly topographic profile monitoring and cut/fill calculations during net installation: post- construction topographic profile monitoring; monthly profile monitoring for six months post-construction; and final report preparation. For detailed breakdown, please see appended estimate provided by the Collier Count' Public Works Engineering Department. This figure is probably a worst-case estimate, but it is based on the most recent comparable project. The permit text was provided by Bob Brantly. DEP, Tallahassee. JCS',Wordala Parker Sand Web project. '99,TDC application budget doc SEP 2 It 1S99 EXECUTIVE SUMMARY APPROVE DEFERRAL OF TIlE DESIGN AND INSTALLATION OF TRAFFIC SIGNAL AND ROADWAY INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF VANDERBILT DRIVE AT 111TH AVENUE/BL~BII~L AVENUE. OBJECTIVE: To defer the design and installation of traffic signals at the intersection of Vanderbilt Drive at 11 lth Avenue/Bluebill Avenue. CONSIDERATIONS: On June 8, 1999, the Board approved funding for traffic signal and intersection improvements at the referenced intersection (Agenda Item 16B8) as part of the FY 2000 Traffic Signal Program. Subsequent to this approval, the Collier County Public Works Engineering Department has retained a consultant to study the required roadway section for future roadway improvemens to 1 l lth Avenue from US 41 to Vanderbilt Drive. In addition, the Transportation Services Department has received several inquiries from citizens questioning the need for traffic signals at this location at this time. Although a traffic study performed by David Plummer and Associates, Inc. in June, 1999, indicated that a traffic signal is warranted based upon traffic volume criteria set forth in the Manual on Uniform Traffic Control Devices (MUTCD), crash data indicates that there have been only two crashes in the intersection in the period from 1996 through 1998. In light of the above, Transportation Services staff recommends that the design and installation of traffic signals at the intersection of Vanderbilt Drive at 11 lth Avenue/Bluebill Avenue be deferred until such time that the roadway design elements for 11 lth Avenue, from US 41 to Vanderbilt Drive, have been finalized and approved. This deferral should ensure compatibility of the proposed signals with the future roadway improvements to 11 lth Avenue. Based upon current timetables, the plans for 11 lth Avenue should be finalized during the Fall of 2000. FISCAL IMPACT: Funds initially allocated for this signal will be reallocated within the Traffic Signal Program. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the board approve deferral of the design and installation of traffic signals at the intersection of Vanderbilt Drive at Illth Avenue/Bluebill Avenue pending the completion and approval of the roadway design plans for 11 lth Avenue from US 41 to Vanderbilt Drive. SUBMITTED BY:~)O~ ~ D~a~B athon. REVIEWED BY: - . Edward J. K~p~ APPROVED ~ Ed Ilschner,~ublic f.fic Operations Manager ~Transportation Services Director Works Administrator DATE: DATE: DATE:~~ "' ~',? '-t EXECUTIVE SUMMARY APPROVE A CHANGE ORDER TO THE PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING CONSULTANT SERVICES IN THE AMOUNT OF $15,165 FOR IMPLEMENTATION OF COORDINATED SIGNAL TIMING PLANS FOR AIRPORT-PULLING ROAD AND PINE RIDGE ROAD. OBJECTIVE: To obtain approval of a change order to the Professional Services Agreement between Collier County and Kimley-Horn and Associates, Inc. (KHA), in the amount of $15,165. CONSIDERATIONS: On November 23, 1998, the Transportation Services Department issued Work Order TE-98-KH-03 to KHA in the amount of $24,850.00 for the development and implementation of coordinated signal timing plans for the Airport-Pulling Road and Pine Ridge Road corridors. This Work Order was issued per Contract #98-2803, "Annual Contract for Traffic Engineering Consultant Services," as approved by the Board on October 13, 1998. Work Orders assigned under this agreement may not exceed $25,000 without Board approval. As this project progressed, the consultant incurred additional expenses during implementation of the signal timing plan that could not be anticipated during the preparation of the Scope of Services for this Work Order. This additional work resulted from a combination of factors: equipment failures; additional equipment training sessions; signal timing revisions; additional project meetings; additional site inspections; and preparation of final project documentation. The consultant has submitted a revised Scope of Services and an invoice in the amount of $15,165.00 for this unanticipated additional work. When added to the approved Work Order, the total project costs exceed the work order limit set forth in the Agreement. Therefore, Board approval is required for payment of the necessary additional work. FISCAL IMPACT: Funds are available in the project account of the Road Construction Gas Tax Fund (313). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve Change Order #1 to Work Order #TE-98-KH-03 for unanticipated additional work performed by the consultant as referenced above.  Bathon,'~.E., Traffic Ope~ions Manager REVIEWED BY: ~" .~2'~f~-?? '(..~.~.~t~jf/ DATE:~~ I;-;? BY' APPROVED ~'~Ed~tor DATE: Attachment: Change Order #1 to Work Order #TE-98-KH-03 CHANGE ORDER #1 to WORK ORDER #TE-98-KH-03 Agreement for Fixed Term Profesional Traffic Engineering Services Dated October 13, 1998 (Contract #98-2803) TO: Mr. Bruce E.Friedman, P.E. FROM: Kimley-Horn and Associates, Inc. 120 Tech Boulevard Tampa, FL 33619 Collier County Transportation Services Department 3301 E. Tamiami Trail, Bldg. G Naples, FL 34112 PROJECT NAME: Coordinated Signal Timing for 22 Signalized Intersections along Airport- Pulling Road and Pine Ridge Road Corridors AGREEMENT DATE: November 23, 1998 PROJECT NUMBER: 60172 Change Order Description: Additional expenses were incurred during the implementation of the signal timing plan that could not be anticipated during the preparation of the Scope of Services for this Work Order. This additional work resulted from equipment failures, equipment training sessions, phasing revisions, project meetings, and final project documentation. Original Agreement Amount Sum of Previous Change Orders Amount of this Change Order REVISED AGREEMENT AMOUNT $24,850.00 0.00 $15,165.00 $40,015.00 Original Contract Calendar Time in Days Adjusted Number of Calendar Days Due to Previous Change Orders This Change Order Adjusted Time REVISED CONTRACT TIME IN CALENDAR DA YS 90 Days 0 Days 90 Days 180 Days Original Notice to Proceed Date: Original Completion Date: Revised Completion Date: November 30, 1998 March 1, 1999 May 30, 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 said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to change set forth herein including claims for impact and delay costs. Dale A. Bathon, P.E., Traffic O[~,erations Supervisor Edward J. Kant, P~./,~'~'f~sportation Services Director Authorized By: Date: Edward J. Kant, P.E., Transportation Services Director EXECUTIVE SUMMARY AWARD BID NO. 99-2974 "TRAFFIC SIGN MATERIALS" TO MUNICIPAL SUPPLY AND SIGN COMPANY. OBJECTIVE: Award Bid No. 99-2974 "Traffic Sign Materials" to Municipal Supply and Sign Company in its entirety. CONSIDERATIONS: The County's Transportation Department purchases traffic sign materials in order to control traffic on the County's roadways. Bid #99-2974 "Traffic Sign Materials" was posted on July 26, 1999, for the purchase of materials. Thirty-seven (37) inquires were sent and three (3) bids were received. Staff has reviewed the bids received. Rocal, Inc. did not meet bid specifications for letters and numbers. Rocal, Inc. and Universal Sign Co both had several "no bid"items within the proposal. Staff recommends that Municipal Supply and Sign Co. be awarded Bid #99-2974 "Traffic Sign Materials". FISCAL IMPACT: Funds have been budgeted in the Road and Bridge Fund for the purchase of traffic signs and materials in the amount of $88,000. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: It is recommended that the Board of County CommissiOners award Annual Bid 99-2974 "Traffic Sign Materials" to Municipal Supply and Sign Company for estimated expenditures totaling $88,000. REVIEWED BY: .~~x Stephen '~. CarneY, Purchasing Director REVIEWED BY: f~)Ctdcz,. ' Dale ~hc~ m.: TreaSons M~ager Edwmd J. Kant Tr~sponation Se~ices Director ~/. _. B~hon, ,~., REVIEWED BY: APPROVEDBY~ -Ed Ilschner, Public Works Administrator DATE: ~-//q,/¢ ,q qDATE: '/~- / )' Attachment: Bid Tabulation Sheets z ~'~ ~ h- -~ ~-- ~ -~ ~ - ~- ~ ~ - e- - u¢._2 PG. 2 8 1999 PG. 0 1999 ISEP 2. 8 1,~99 SEP 2. 8 1999 ~-/I,. EXECUTIVE SUMMARY APPROVE AN INTERAGENCY AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, HENDRY CORRECTIONAL INSTITUTION, FOR CONTINUED USE OF INMATE LABOR IN ROAD MAINTENANCE ACTIVITIES. OBJECTIVE: To obtain Board approval of an Interagency Agreement between Collier County and the State of Florida Department of Corrections for the use of inmates from the Hendry Correctional Institution for public works projects in Collier County. CONSIDERATIONS: The Board, meeting in regular session on December 15, 1998 approved an Interagency Agreement between Collier County and the State of Florida Department of Corrections for the use of inmates from the Hendry Correctional Institution for public works projects in Collier County in accordance with Chapter 946, Florida Statutes, and Rules of the Department of Corrections, Chapter 33-3.003 and 33-3.017 (Agenda Item 16B2). The Hendry Correctional Institution has provided this service to Collier County for approximately eight years. The County provides minor roadway safety equipment and tools (e.g., safety vests, signs, etc.), and the cost per year is approximately $500. The work performed by the inmates usually exceeds 10,000 man- hours per year in right-of-way clearing, litter pick-up, and maintenance of drainage facilities. FISCAL IMPACT: Funds are available in the amount of $500 in Road & Bridge Fund 101. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, and authorize the Chairwoman to execute same. REVIEWED BY:~ Ed~ J.~~nsportation Services Director APPROVED B Ed Ilschnerf'~lic Works Administrator DATE: 9/7/99 DATE:~ Attachment: Interagency Agreement 1999 Updated 1996 FLORIDA DEPARTMENT OF CORRECTIONS INTERAGENCY/PUBLIC WORKS AGREEMENT This agreement made and entered into this fsi: day of July 1909, by and between the State of Florida Department of Corrections' institution/facility, HenC:]:/W.On,,p. , hereinafter referred to as Corrections, and C.C.]t.N.l;).hereinafter referred to as the Agency, is done so in accordance with Chapter s. 946.40 F,S., and Rules of the Department of Corrections, Chapter s. 33-3.003, F.A.C., Inmate Work Program and s. 33-3.017, F.A,C., Use of Inmates in Public Works The duration of this agreement is from 07/o1/9~to0613oloo m0/dy/yr mo/dy/yr Work performed under this local agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual. __ Value Added X Cost Savings Corrections. agrees to provide for those items so indicated with a check (,/') to the I¢,rt of each appropriate number. All other items are to be marked "N/A" to the left of the number. x 1. Screen the inmates for the work to be performed to provide a reasonable basis to believe that none present a danger to property or persons. x x x X Provide up to 08 inmates each workday for the period of the a~reement. Medium custody ( ); minimum custody ( ); both (x). Provide ~ vehicles and ~ Correctional Officers each workday to transport inmates assigned to the Agency and to provide supervision as agreed herein. 4, Provide food and drinks for inmate lunches. Be responsible for the apprehension of an escapee and handling of problem inmates. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disrupJon in the work schedule. x Be responsible for administering all disciplinary action taken against an :nmate for infractions committed while under the supervision of the Agency. x Provide for medical treatment for ill or injured inmates and transportatica of such inmates. 24 Updated 1996 Inmate Labor Agreement Page 2 ~./A 8. Conduct a background check, which includes a criminal history check, r, nd obtain approval by the institution/facility Superintendent or designee prior to ~uthorizing Non-Corrections personnel to participate in training to supervise inmates. ~/A 9 Provide orientation and training to non-Corrections personnel approved to supervise inmates prior to their assuming supervisory responsibility of an inmate squad. Training will be in accordance with Corrections' guidelines for non-. corrections personnel supervising offenders. Provide refresher training each successive training year. N/A ~ 0. Notify the Agency in the event one of their employees fails to provide proper supervision of inmates. x 11 Provide inmates with all personal items of clothing appropriate for the season of the year X 12 Provide inmates for transportation/work at the appropriate times regardless of temperatdre or inclement weather, unless notified by the Agency of suspended work opera',ions, or the Department determines that a squad should not check out. X t3. Other (attached additional page if necessary). II. The Agency agrees to provide for those items so indicated with a check to the left of each appropriate number. All other items are to be marked "N/A" to the left of the number. x Provide Corrections with a schedule of hours which inmates will be worked in' accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule must be repcrted to an agreed to by Corrections. Provide supervision of inmates in accord with Department of Corrections Rules and Regulations. Non-Corrections personnel may supervise minimum and medium custody inmates. Each such person must have a background check, which includes criminal history check, and be approved by the institution/facility Superintendent or designee and complete required orientation/training in the supervision of inmates. N/A 3. Provide transportation of inmates to and from work if such is not provided by Corrections as agreed to in Section I of this Agreement. N/A 4 Provide all tools, equipment, materials and personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate to perform the required work. 25 I SEP 2819 I Updated 1996 Inmate Labor Agreement Page 3 x 5. Ensure that licensing or permits are obtained if required for the work to be performed. Provide necessary supervision and guidance for projects which require a permit which require technical assistance to complete the project. x 6. Immediately notify Corrections in the.event of an escape while the inma:e is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform his tasks in an acceptable manner. N/A 7. Record daily the number of hours worked by inmates using forms provided by Corrections and submit the form on a weekly basis to Corrections. x 8. Report all inmate injuries, regardless of how minor in nature, to corrections as soon as possible. Medically related complaints made by an inmate shall be reported to corrections as soon as practical. In cases of emergency, first aid, within the scope of the supervisor's medical training, shall be provided, request emergency health care assistance, and assistance rendered to corrections. X 9. Provide inmates with a fifteen minute rest break in the morning and afternoon. Lunch breaks shall normally begin at 12 Noon and last at least thirty !30) minutes. Ensure inmates are supervised during rest and lunch breaks. Provide an employee of the same sex as the medium custody inmate(s) to be immediately available to render assistance in cases where the squad su;ervisor is of the opposite sex as the inmate. N/A 11. Require each non-Correction person approved to supervise inmates and other appropriate staff members to attend orientation/training in the sup~,.'vision of inmates prior to assuming supervision of inmates, and to attend annual, refresher training in the supervision of inmates. Orientation/training to be provi¢ed by the Department. 12. Agency hereby agrees to be liable for, and shall indemnify, defend-and hold Corrections harmless from all claims, suits, judgments or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state's waiver of immunity in tort pursuant to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. x 13 Ensure that all work assignments/projects utili;~ing inmates are authorized projects of the municipality, city, county, governmental agency or non-profit organization and that private contractors employed by your agency do not ~se inmates as any part of their labor force. 26 Updated 1996 Inmate Labor Agreement Page 4 X 14. Other special considerations regarding activities of the work sq~a¢ that may be based on work location, etc. (Attach additional page(s) if applicable}, III. The Department or the Agency may suspend this agreement or terminate this agreement with immediate notice, in whole or in part, when the interests of the Department or Agency requires such termination. Agreed to and signed this . day of ,19__. Florida Department of Corrections Collier County Road & Haint. Dept· (Name of Agency Receiving Services) Name: Name: Title: Warden Title: Name: Name: Title: llajor Title: Approved as to form and legal sufficiency~,~) Heidi F. Ashton, Assistant County Attorne~j~-~' 27 SEP 2 8 1999 EXECUTIVE SUMMARk" AWARD ANNUAL BID #99-2973, "TRAFFIC SIGNAL COMPONENTS," TO US TRAFFIC (dba INTERSECTION DEVELOPMENT CORP.), TRAFFIC PARTS, INC., TRAFFIC PRODUCTS, INC., AND UTILIZE THE FLORIDA STATE CONTRACT FOR PURCHASE OF TRAFFIC SIGNAL-RELATED EQUIPMENT. OB.,IECTIVE: To gain Board award of Bid #99-2973, "Traffic Signal Components," for the purchase of traffic signal-related equipment from selected vendors and Florida State Contract #550-001-99-1. CONSIDERATIONS: In consideration of anticipated traffic signal component purchases for Fiscal Year 99-00, a bid was let by the Purchasing Department. Thirty-seven (37) inquiries were sent and four (4) responses were received. The four (4) companies who responded were Traffic Parts, Inc., US Traffic (dba Intersection Development Corp. - IDC), General Traffic Equipment Corp., and Southern Aluminum & Steel Corporation (SASCO). Recommendations were made after consideration of recent controller research, evaluation of the Bid Tabulation Sheets compiled by the Purchasing Department, review of the bids submitted and consideration given to the bid language. Due to compatibility issues with existing equipment, it was determined that all bids regarding controllers and controller cabinets (Section 3) should be rejected. Controllers are available through the use of Florida State Contract #550-001-99-1, and cabinets are available through Traffic Products, Inc., as a sole source provider. The Transportation Services Department recommends award of the bid as follows: · Section 1: · Section 2: · Section 3: · Section 4: Award to IDC Award to Traffic Parts, Inc. Bid quotes were neither items as specified nor equivalent; the County will use Florida State Contract and Traffic Products, Inc. as "sole source" providers to purchase items within this section Award to Traffic Parts, Inc. Attached are copies of the Bid Tabulation Sheets and letter of sole source for Traffic Products, Inc. FISCAL IMPACT: Funds have been budgeted in Road and Bridge Fund 101 for traffic signal and street light maintenance and materials in the amount of $126,000. Funds have also been budgeted in the Road Construction - Gas Tax Fund 313 for new signal installations in the amount of $300,000. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Annual Bid #99-2973, "Traffic Signal Components," as follows: · Section 1: · Section 2: · Section 3: · Section 4: Award to DC Award to Traffic Parts, Inc. County will use Florida State Contract and Traffic Products, Inc. as "sole source" providers to purchase items within this section Award to Traffic Parts, Inc. Stephen Y~r. Car~ell,blgurchasing Director REVIEWED BY: k-~c~a ~. &t:Z~o.--- / Dale A. Bathon, P.E., Traffi~O~ions Manager REVIEWED BY: 5~~ Ed~~~~n_Services Director APPROVED BY:~ ~~/~ Ed Ilschner, Public Works Administrator DATE: DATE: Attachment: Bid Tabulation Sheets ~ SEP 2 8 82/02/ZgS5 ~8:24 904246Z~92 EGOHOLZTE FLORIDA P~^~ 0~ ECONOLI CONTROL PRODUCTS, INC. Solving Tomorrow's Traffic ProDlems . . . Today Date: 3/4/1999 To: CoiNer County RE: Vendor Status From: Chris Carline At: Econolite Control P~:lucts, Inc. Southeast Region To w~om it may cone, em, This is to veflfy that Traffic Products, Inc. Located at 1212 12th Court, Jupiter, FL. 33477 is the sole agent for Econolite Products, Inc. This association allows Traffic Products, Inc to Sell and or distribute any Econolite product in the state of Flodda. If you have any questions please call Chris Carline at (904) 246-1290. Chris Carline 446 THIRD STREET. SUITE 3 2 8 I§99 ~o. //,, SEP 2 8 1§99 PG. 2 8 1~9~ 8 1§99 2 8 I~99 2. B IS~$ ,- o< ~ ~ ~'- ~ ~ SEP 2 ~. // 8 1S~39 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT TO TERMINATE LEASE BETWEEN COLLIER COUNTY AND COLLIER HEALTH SERVICES, INC. ~,,~TJ3~: Approval of an Agreement to Terminate Lease between Collier County ("County") and Collier Health Services, Inc. ("CHSI"). CONSIDERATION: On June 22, 1999, the Board of County Commissioners approved a Lease Agreement with a "selected provider" for operating a clinic in Building "H". The selected provider has been selected and is NCH Healthcare Systems. A Lease Agreement with NCH Healthcare Systems has been executed by all parties. The clinic was previously operated by CHSI. In order to terminate CHSI's association with the Health Clinic at Building "H", the attached Agreement to Terminate Lease has been prepared and executed by CHSI. This Agreement releases CHSI from all obligations as specified in their Lease with Collier County dated November 14, 1995 and the First Amendment to Lease Agreement dated November 8, 1997. The attached Lease Agreement was reviewed by the Office of the County Attorney and the Public Services Administrator. FISCAL IMPACT: None. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Agreement to Terminate Lease with Collier Health Services, Inc. and authorize its' Chairwoman to execute same. qglichael H. Dowling, Real ~rop~pecialist, Department DATE: ~:" /' ~' ~' Real Property Management Thorn'a~ ~. 0~iff, Adm~'~rator, DATE: ~--~. ~,S ~ Public Services Division Agenda Pg o..~ Lease//802 AGREEMENT TO TERMINATE LEASE TItlS AGREEMENT TO TERMINATE LEASE, hereinafter referred to as the Agreement, entered into this __ day of , 1999, between COLLIER COUNTY, a political,subdivision of the · ~-se of Florida whose address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as LESSOR, EOLLIER HEALTH SERVICES, INC., whose address is 1454 Madison Avenue, Immokalee, Florida 34142, aafter referred to as LESSEE, sets forth the terms and conditions for the cancellation of that certain Lease Agreement dated November 14, 1995, and the First Amendment to Lease Agreement dated November 18, 1997, between the above stated parties, said Lease Agreement and First Amendment to Lease Agreement shall collectively hereinafter be referred to as the Lease. WITNESSETH: WHEREAS, LESSOR and LESSEE have entered into the Lease, whereupon LESSOR was to provide certain space and facilities for use by the LESSEE for the purpose of operating a public health care unit; and WHEREAS, LESSOR and LESSEE desire to terminate the Lease Agreement dated November 14, 1995 and the First Amendment to Lease Agreement dated November 8, 1997. NOW THEREFORE, the parties agree as follows: 1. LESSEE surrenders possession of the demised premises described in the Lease to the LESSOR and the LESSOR accepts the delivery of said demised premises on the date this Agreement becomes effective. 2. LESSOR hereby releases LESSEE of all obligations incurred under the Lease. This release by LESSOR shall include all claims of damages, fees, rent or any other benefits LESSOR may have expected to derive from the Lease. 3. LESSOR hereby pledges and affirms that any sale, conveyance or other transfer of its interest in the demised premises shall not affect LESSOR'S representations made herein and that LESSEE may therefore rely upon the finality of the terms and conditions expressed in this Agreement. 4. By execution of this Agreement, LESSOR and LESSEE hereby terminate the Lease and release each other from all claims that either party may have against the other for any matter or anything arising out of the Lease. 5. This Agreement shall be binding upon the LESSOR and LESSEE'S successors, assigns, and heirs. ~.greement shall become effective upon LESSOWS execution of this Agreement notwithstanding that LESSEE may ,ate same at a later date. IN WITNESS THEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: DATED: 'd" WITNESSES: Signature / Sharon B. ~agona (~nted Name) Si~amre ~tetorta Je~lns (~nted Name) AS TO LESSOR: DATE D: BY: Richard B. Akin. President/CEO (Print name and Title) ATTEST: DWIGHT E. BROCK, Clerk By:. , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman ~'%)ved as to form galen f~ie~y:~...__ - .~ ~4i ,~/'/' ~eidi F. Ashto~ ~sis~nt CounW A~omey APPROVED AS TO FORM ' AND CONTENT - WPD [ :. $ EP 2 $1999 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE INCREASE IN MEDICAID WAIVER REVENUE AND PROGRAM COSTS OBJECTIVE: To recognize an increase in collected Medicaid Waiver revenue and related cost. CONSIDERATIONS: For the past 7 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state and federally funded program. This revenue is a result of direct billing to the State Medicaid Waiver program and reflects more clients being case managed than were originally projected during the FY 98/99 period. The program requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: An increase of $21,000 in the Medicaid Waiver program is available for the period October 1, 1998 to September 30, 1999. All budgeted costs related to the additional revenue are reimbursed through requests for payment (claims) to the State of Florida Medicaid fiscal agent. This program requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County approve the necessary budget amendment. Prepared By: ~ ~'z/~~ '~~ Date: John~Fe/~r~l, Service~for Seniors Accounting Technician Reviewed and Approved by: ~/~--~ ' ~/. ~ Date: ~anci E. Lochner, Services for seniors Program Manager Reviewed and Approved by: Date: Martha Skinner, Social Services Director Reviewed and Approved b~ 3~ ._.JH~ _ Date: Th~ma~ V~. Olliff.~ Services Administrator Commissioners EXECUTIVE SUMMARY GRANT AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY. OBJECTIVE: To have the Board of County Commissioners grant an Easement to Florida Power & Light Company upon real property owned by Collier County, a political subdivision of the State of Florida to service the Collier County Agricultural Fair and Exposition, Inc. (Collier County Fair Board). CONSIDERATION: The Collier County Fair Board requires the extension of the existing primary utility line along the entire Northern boundary of the property leased from Collier County. In order for Florida Power & Light Company to install the required utility facilities, an Easement ten (10) foot in width, must be conveyed by the owner of the property, Collier County, a political subdivision of the State of Florida, to Florida Power & Light Company. FISCAL IMPACT: The total cost of recording the Easement will not exceed $10.50. Funds are available in Department of Revenue Services account. GROVVTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Easement to Florida Power & Light Company to install utility facilities t0 benefit the Collier County Fair Board; REVIEWED BY.~ 2. Authorize its Chairwoman to execute the attached Easement to Florida Power & Light Company; and 2. Authorize staff to record the Easement to Florida Power & Light Company in the Public Records of Collier Co~orida- Tor~. I~lot~, Sk'n~p~cia~, Real~rope~y Management Depa~ment  k ~joh . ~ . ~nkosky, Trea~er, COllier C0u~ir Board i / Order No. 7421-01-547 Apprats~) EASEMENT 8.W.TYNSK~ The ~ in con~i~tion of the pa _ymcnt of $].00 and other go~d. an va~uaMc. _c6_nsidcration,_ thc ad~l .ua~y. m~! receipt of which i~ ~ ~en~ ~~ ~ ~ ~ ~t f~r f~-~ ~ ~n ~ ~t 10 f~ ~ ~d~ d~ ~ ~lt~: [ ~,.e~ ~ EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF To§? .O~et. ~ ~ right to pcr~/t nay othor pcrson, firm ~n~t m~ ~ ~ ~ to o~m~ ~ ~ for ~ ~; ~ fist ~ C~ ~ ~ ~ k~ it Cl~ ~ BOARD OF COU~/~.Y COMMISSIONERS, COLLIEP COUNTY, 'FL'0~~ Chairwoman0q~rSSl~nam?~ PttatA~: 3301Tamiami Trail East Naples, ~L 34112 ~~BY: ~~: Dwight E. Brock, Clerk ~A~: 3301Tamiami Trail East .Nap!~t_ FL 34112 (~  fT~,pe of IdentlficatJon} ~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .............. PARCEL NO ..................... FOLIO NO ..................................... ~ S8g°08'24"E P,O.B, N 88°08'24'' W V.o,c. N.W. COR, SEC. 14, TWP. 45S, ROE. 27E. 3151.50' 3151.78' lO' LEGAL DESCRIPTION COMMENCE AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE S 88°10'34" E ALONG THE NORTH LINE OF SECTION 14, A DISTANCE OF FEET; THENCE NORTH 03°27'47" E ALONG THE EAST RIGHT OF WAY LINE OF IMMOKALEE ROAD ((R THE WEST LINE OF SECTION 1 l, TOWNSHIP 48 SOUTH, RANGE 2'/EAST, A DISTANCE OF 259.20' TO TIll. OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUE NORTH 03°27'4 A DISTANCE OF I0.00 FEET; THENCE SOUTH 88Q08'2~" E A DISTANCE OF 3151.~0 FEET; THENCE SOUTlt A DISTANCE OF 10.00 FEET; THENCE NORTH 8~011'34' W A DISTANCE OF 3151 78 FEET TO THE PO~4T OF BI!(ilNNIN( ~ BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 14 BErNG N 03°27'47'' E. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. -- POINT OF BEGINNING 3) SEC. -- SECTION 4) TWP. -- TOWNSHIP 5) ROE. -- RANGE PROFESSIONAL LAND SURVEYOR-FL. REG # 2406 PUBLIC WORKS ENGINEERING DEPT 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEE~ AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN I~Y ~CHECKED BY SCALE i DATE ~FILE ND NOT TO SCALE SEPTEMBER 9. 19991 FAIRFPL COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION AMENDING COLLIER COUNTY PARKS AND RECREATION FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY REPEALING AND SUPERSEDING COLLIER COUNTY RESOLUTION No. 98-389. Objective: To have the Board of County Commissioners adopt the attached Resolution, thereby amending, repealing and superceding Resolution No. 98-389. Considerations: The Board of County Commissioners previously adopted No. 98-389 September 22, 1998, thereby re-establishing the County policies for licenses and fees. These fees intend to maximize utilization of user fees and/or concession revenue to partially offset the costs of operating the Parks and Recreational programs. The attached proposed Resolution amends the text of Resolution No. 98-389 by clarifying some definitions and making several non-substantive changes. Immokalee/Swim Lessons Swim Lessons Children ½ hour from $35 to $10.00 Children 3A hour from $40 to $15.00 Adult 3/4 hour from $40 to $15.00 Naples Fitness Facility_ Pass Fees (exclusive of sales tax) 1. Pass fees for the Fitness Centers shall change from $40 for a 1 month pass to $35 and from $80 to $85 for a 3 month pass. 2. Immokalee Fitness Centers shall change from $35 for a 1 month pass to $20 and from $70 to $50 for a 3 month pass. 3. Students ages 15 - 17 annual membership will be $75.00. 4. Entrance fees exclusive of sales tax. 5. Veterans park $4.00 per day. Sugden Park Amphitheater user fee: $30 Class I $60 Class II per rental hour Eliminate Section L. Combination Pool/Fitness Pass Summer Camp Fees and After School Programs: Naples 1999 2000 Immokalee 1999 2000 1st child $400 $450 $300 $350 additional child same household: 350 400 3 wk. Session: 175 200 125 150 i A gend.~ ~.l~em, 5£P Z 1§§9 After School Camp: Entire school year: 1999 2000 Naples $760 $836 Immokalee 380 475 (Reason for larger increase here is due to typographical mistake in 1998/1999 Fee Policy) Collier County Parks & Recreation Transportation cost per week for after school program 1999 2000 Naples $3.13 per week $8.00 per week Immokalee 3.13 per week $3.75 per week Golden Gate Community Center: User categories: Class IV: Commercial or For Profit individual. Organizations and any other group or Rental Fees: outside taxing district 1999 2000 Class IV $12per hour $25per hour The user must pay the cost of security provided by the Collier County Sheriffs Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. The revenue from these changes are reflected within the FY 99/2000 proposed budget. Growth Management: None Fiscal Impact: The revenues associated with this fee schedule have been budgeted in the Recreation Budgets in Immokalee, Golden Gate Community Center, and Naples area locations. Recommendation: Resolution amending the Parks and Recreation Fee Policy Prepared by: Date Murdo Smith, Recreation Manager That the Board of County Commissioners approve the Date Department of Parks and Recreation ,~ ;.,; ;, /'3 Reviewed and " Approved by: H /L~' "~1~" ~Ll.f~;~d t Maria l~amsey,Director Department of Parks and Recreation Reviewed Approved ~h"~ . ~-~ Th6~.~ W:~liff~'~d'n~trat~r Public Services Admin't~rator Date 9 10 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3I 32 53 35 36 3', 38 39 ,-11 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 RESOLUTION No. 99- A RESOLUTION OF COLLIER COUNTY FLORIDA, AMENDING SPECIEFIED PARTS OF ARTICLE IV OF THE COLLIER COUNTY PARKS & RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY, WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the following changes be made to the County's Park and Recreation Fee Policy. That Policy was as last amended by Resolution No. 98-389 on September 22, 1998. The Director recommends the following:(a) Decrease the monthly Fitness Pass and increase the three (3) month Fitness Pass in Naples. (b) Eliminate the corporate discount for monthly passes and three (3) month passes. (c) Increase the cost for Summer Camp Programs in Naples and lmmokalee/Everglades. (d) Increase the animal cost for the After School Program in Naples and Immokalee (e)Delete Section L regarding combination passes and corporate discounts. (f) Establish separate (reduced) instructional fees for swimming lessons in lmmokalee. (g) Make Fitness Facility Admissions Fees exclusive sales taxes. (h) lncrease many of the Summer Camp After School Program and transportation fees for Immokalee and Naples. (i) Include into Class IV the Golden Gate fees all entities that are not included in the first three classes (j) Increase the Golden Gate Community Center rates for Class 4 outside of Taxing District. WHEREAS. the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY that: I. Article IV of Collier County's Parks and Recreation Fee Policy, as amended, is hereby further amended only as follows: A. Sugden Amphitheater, Article IV Section A & B: User fees at the Sugden Amphitheater shall be (per hour) $30 for Class 1 and $60 for Class II. B. Article IV, Section K entitled "Collier County Fitness Centers Naples and lmmokalee", Subsection 2 entitled Pass Fees (exclusive of sales tax) shall read: Entrance Fees exclusive of sales taxes: Month 3 Months Annual Naples $35 $85 $200 ($100 additional For Spouse Immokalee 20 50 or family member Age 18 - 24) Students 15-17 }'ears of age 75 Veterans Park Daily entrance fee shall be $4.00 exclusive of taxes. C. Establishes separate fees for swimming lessons in the Immokalee area. D. Article IV, Section N entitled "Collier County Summer Camps and After Sci~ot~! Programs" are increased as follows: Summer Camps Naples lmmokalee/Everglades First child $450 $350 Additional child (same household) 400 250 3 week session only 200 150 SEP 281999 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 After School Programs Naples Immokalee/Everglades Entire school year cost $836 Transportation cost price per County bid 1 Day Camp 15 Easter Camp - per week '35 Christmas Camp - per week 55 $475 30 per session 15 40 E. Article IV, Section O. 2, Golden Gate Community Center: User categories for Class IV now specify that commercial and for profit organizations and any other for profit group or individual and rental fees for Class 4 outside of Taxing District shall be $25.00 per hour. F. Article IV, Secticn O.5(C)(8) now specifies that the user shall pay the costs o';extra security provided by the Collier County SheriWs Office. These fees are p< ~ble to Collier Parks and Recreation at the time of payment for use of the facility. A copy of the Fee Rules, as hereby amended and adopted, is attached. This Resolution repeals Collier County Resolution No. 98-389. This Resolution adopted this and majority vote in favor of passage. ATTEST: DWIGHT E. BROCK, Clerk day of September 1999, after motion, second BOARD OF COUNTY OMMISSIONERS, COLLIER COUNTY, FLORIDA By:_ Deputy' Clerk Approved as to form and legal sufficiency: By: Thomas C. Palmer Assistant County Attorney By:. PAMEI,A 5.. MAC'~IE, Chai~voman COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY I. PURPOSE The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non-government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring that all citizens have equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case by case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses Outdoor Areas: Means open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. I .o._ B. USER Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to, athletic, clinics, instructional, interpretative, seminars - preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. Vehicle Parking Fees: Parking lots at Collier County beach parks and access. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Park, Clam Pass Park, Vanderbilt Beach, Gulfshore Access, and South Marco Beach Access. Boat Vehicle Parking Fees: Parking lots at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park. CATEGORIES - APPLICABLE TO ALL INDOOR AND OUTDOOR AREAS Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. The two categories are: 1. CATEGORY I - Federal Income Tax Exempt Entities, Registered Charities, Not-For- Profit Groups. A. Federal Income Tax Exempt Entities. $5.00 per hour license fee Groups which are exempt from taxation under any subsection of Section 501(c) of the internal revenue code. B. Specified Sales Tax Exempt Entities. $5.00 per hour license fee Those entities which are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes as a home for the aged, nursing home, hospice, or as an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veteran's organization. C. Local Not-For-Profit Groups. $5.00 per hour license fee Entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty percent (50%) of the group's membership are residents of Collier County with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. Agen te | SEP 2 8 1999 The primary focus of these groups is outward looking and away from the personal interests of the group's members. D. Other Local Not-For-Profit Groups - $5.00 per hour license fee Those entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not for profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty per cent (50%) of the groups membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group' s members. E, Fund Raising Activities: Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees. Fund raising activities include: 1. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or bartering any tangible thing of monetary value Fund raising activities do not include: 1. Season sign up fees for persons to join league as a team member or team participant 2. The sale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 2. CATEGORY II - All Others A. Each individual, group, organization or entity that is not within Category I. IV. FEE STRUCTURE - (All fees are exclusive of sales taxes). A. Category_ I User Fees ! SEP 281999 Facility Rates (excluding league, practice & special facilities i.e. swimming pool etc.) Facility Type Type of Usage Rate Per Hour All Indoor Facilities per Room Gymnasium - any size General $ 5.00 $30.00 Outdoor Facilities & Pavilions Amphitheater - Sugden Regional Park General $ 5.00 $30.00 Athletic General $10.00 Lights $10.00 FUND RAISING RATES $20.00 ADDED TO HOURLY RATE ABOVE Category II - User Fees 1. Facility Rates (excluding special facilities i.e. swimming pools etc.) Facility Type Area in Sq. Ft. Base Hourly Fee Deposit Required Indoor Under 1500 $25.00 $ 30.00 Indoor 1500 - 3000 45.00 50.00 Indoor 3000 & Over 60.00 70.00 Gymnasium 60.00 100.00 Amphitheater- Sugden Regional Park 60.00 60.00 Outdoor Smatl area 10.00 25.00 Outdoor Large area 20.00 35.00 Football/Soccer/Softball/Baseball/ 45.00' Little League/Sports Pavillion/ Roller Hockey Basketball/Racquetball/Volley Ball 12.00 Tennis Courts 12.00 Lights 10.00/hour FUND RAISING RATES $20.00 ADDED TO HOURLY RATE ABOVE 50.00 4 1999 | C. Additional Fees: Categories I and II Description Additional Fee Per Hour Rental during non-business hours (hours that are not normal departmental operation) $20.00 Additional non-security staff members 15.00 per staff member Light fees (where not specified) 10.00 ,/hour Additional security staff members 20.00 per hour fee determined by department, based on cost Special requests or additional clean up required Per hour fee determined by department, based on cost D. Vehicle Parking Facilities Beach and boat parking facilities, and not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access, Cocohatchee, Bayview Park, and Caxan~bas Park have a fee, inclusive of sales tax, at a rate of $3.00 per day. Collier County residents with beach parking permits will be exempt from the $3.00 per day fee. Collier County residents may obtain a beach parking permit at no charge. Vehicles with permits will not be charged a fee. Boat vehicle parking permits may be purchased by all residents or visitors for an annual fee of $60.00. Permits are available at all Cqllier County Parks and Recreation community centers. E. Concession Fees Concession Booth/Location in conjunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for leagues will be charged $3.00 per hour of operation. F. Marketing Fees - (Reserved). G. Instructional Fees 5 i SEP Z 8 1999 1. Programs Fee Assessment: per hour or per participant basis. 2. Non-Staff Instructor(s): Any costs for supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non-staff instructor(s) and the County as follows: 65% to the non- staff instructor(s) and 35% to the County for all such Instructional Programs conducted on Collier County Facilities. After subtraction, the pro-ration for Instructional Programs conducted on non-county facilities shall be 70% to the non-staff instructor(s) and 30% to the County. Athletics 1. Collier County Parks and Recreation Leagues Program Adult Minimum Registration Fee per Participant per League Play $28.00 Youth 28.00 League will be charged light fees for practices, but not for scheduled league games. Immokalee leagues will not be charged light fees for practices. Collier County Parks and Recreation Co-sponsored Leagues Fees applicable to Category I users only League Type Fee Per Participant Per League Play Adult $28.00 Youth .70 per registered youth per week of league play (includes play-offs or all-star play.) League will be charged light fees, but not for scheduled league games. 6 EP Z 8 1999 3. Outdoor Tournaments Description Fee Non-Refundable Deposit OR Cancellation Fee $25.00 All Category I groups will be charged With lights 10.00 per hour per field 15.00 per hour per field All Category II groups will be charged With lights 15.00 per hour per field 20.00 per hour per field 4. Clinics: Pro-rations 1. 65% of the fees to the group or individual(s) and 35% of the fees to the County for Clinics conducted on any County facility. 2. 70% of the fees to the group or individual(s) and 30% of the fees to the County for Clinics conducted on any non-County facility. 3. Norn~al hourly rate for facility fund raising. I. Collier County Racquet Centers (Reserved): J. Collier County Aquatic Facilities - Naples and Immokalee - Everyone pays aquatic facility rates. 1. Entrance Fees (inclusive sales tax) Under 3 yrs Youth (3-17 yrs) Adult Senior (60+yrs) Naples Free $2.00 $2.50 $2.00 Immokalee Free 1.00 1.50 1.00 Pass Fees (exclusive of sales tax) Type Youth Adult Senior Naples 3 month $40.00 $60.00 $40.00 Immokalee 35.00 55.00 35.00 Family 100.00 90.00 Naples Annual 60.00 80.00 60.00 225.00 Immokalee 50.00 75.00 50.00 210.00 Swimming Instructional Fees Naples Children's IA hour classes $35.00/participant Children's 3A hour classes 40.00/participant Adult 3A hour classes 40.00/participant Immokalee 10.00/participant 15.00/participant 15.00/participant Pool Rentals (exclusive of sales tax) Naples & Immokalee Each pool includes one (1) staff member. Staff' $10.00/hour per lifeguard. Additional V2 Main Pool Entire Main Pool Slide $30.00/hour $60.00/hour $30.00/hour Activity Pool $30.00/hour Schools Public Schools are fee exempt, however they are required to pay $10.00/hour per lifeguard or instructor, if not during regular operating hours. K. Collier County Fitness Centers - Naples and Immokalee Entrance Fees (.exclusive of sales tax) Daily Walk in fee Naples $5.00 Immokalee 4.00 Veteran's Park 4.00 2. Pass Fees (.exclusive of sales tax): includes membership to Aquatic Facility. Month 3 Months Annual Naples 40.00 35.00 80.00 85.00 Immokalee ~5.00 20.00 70.00 50.00 200.00 ($100. Additional for spouse or Family member 18 - 24) 160.00 Veterans Park Students (ages 15-17 20.00 50.00 160.00 Only for use at Veterans Park 75.00 3. Baby-sitting Service (Naples) $2.00 per child per use $15.00 per 10 visit card Manth 3 Months Armua! tmmokak~ 299 Agenda, I~t.en{ : Employees 5-9 10-24 25 and above M. Corporate Discount on Annual Passes Discount does not apply to additional family members Based on employee participation. Discount 10% 20% 40% N. Collier County Summer Camps and After School Programs Summer Camps First child 4 O0.0O Additional child (same household 350.00 3 Week session only After School Camps Entire school year cost Transportation cost per week 1 Day Camp Easter Camp - per week Christmas Camp - per week Naples~S~aree lmmokalee/Everglades $450.00 $300.90 $350.00 400.00 250.00 !75.00 200.00 !25.00 150.00 Naples~S. arez Immokalee ¢'~n nn $836.00 ¢~Qn nn $475.00 $5.99 Based on current 5.99 30.00 per transportation Bid Cost session $15.00 $15.00 55.00 40.00 55.00 40.00 O. Golden Gate Community Center 1. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Blvd. To Logan Blvd. To 1~' Ave. SW. East Boundary: Canal 1 mile east of County Road 951 North Boundary: 1st Ave. SW over 951 Blvd and White Blvd to the canal located 1 mile east of County Road 951. South Boundary: Palm Springs subdivision and Radio Road to Santa ~ · Organizations in classes I, II, III, or IV declaring themselves as district must show proof of at least 50% membership within the taxing district. User Categories Class I: Charitable, Not-For-Profit organizations Class II: Not-For-Profit organizations Class III: Civic or Governmental organizations Class IV: Commercial or For-Profit organizations and any other group or individual. Deposits Fees Auditorium: $200.00 All Other Rooms: 50.00 Rental Fees A. Rooms A,B,C,D, Annex 1,2 and 3 Category Golden Gate Taxing District Class I No charge Class II No charge Class III No charge Class IV $6.00/hour Outside of Taxing District No charge Fee approved by Community Center Advisory Board No charge ¢ ~ -~ tm 25.00/hour B. Auditorium Category Golden Gate Taxing District Classes I & III No charge Class II Fee approved by Community Center Advisory Board Class IV $20.00/hour until 10:00 pm $40.00/hour after 10:00 pm Outside of Taxing District No charge Fee approved by Community Center Advisory Board $60.00/hour until 10:00 pm $80.00/hour after 10:00 pm C. Gymnasium - Fees governed by the Parks and Recreation License Policy General Fee $30.00 per hour any size $ 20.00 added to hourly rate above $60.00/hour any size 10 Category Class I Fund Raising Class II S£P 2 8 19 9 Fund Raising $ 20.00 added to hourly rate above Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages mo Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. User categories Class I and Class II, as previously defined in O (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than five hundred thousand dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure five hundred thousand ($500,000) liability coverage shall be required. In the event of unusual or high exposure one million dollar ($1,000,000) liability shall be required by the Risk Management Department. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be flied with the Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's, scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. ll ! SEP 2 8 1999 / 8. The user must pay the cost of security provided by the Collier County SheriWs Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 12 SEP 2 8 1999 Exhibit C: Collier County Parks and Recreation Standard Concession Agreement Form 1. All organizations must have an approved league schedule and sign a Facility Use Permit from the Department of Parks and Recreation Concessions are permitted to operate only during regular scheduled league play. Any additional operation of the concession must be approved in advance by the Parks and Recreation Director or designee. Organizations must obtain all Federal, State,and / or local health department permits, or any additional permits required to operate the concession. These permits/licenses must be displayed at the concession. 4. Organizations may not sub-contract or otherwise delegate the operation of any concession to a third party without approval of the Director of Parks and Recreation. Organizations shall each day police any common area of debris and litter in connection with the operation of the concession and must place debris and litter in containers provided by Parks and Recreation. Failure to do this cleanup will result in the Parks and Recreation Department cleaning and charging for such service. Whenever two or more organizations are scheduled for league play during the same season each organization may operate their own concession stand, or may operate jointly or alternate seasons or years by agreement between the organizations. Each such agreement must be reviewed and approved by the Director of Par4ks and Recreation 7. Not-for-profit organizations co-sponsored by Collier County will be required to pay a fee to the County for the operation of concession. 8. Organizations must have first aid kits available on site. 9. Organizations must carry appropriate insurance and liability as required by the Collier County Risk Management Department. 10. Organizations must submit a menu and price list of items to the County Parks and Recreation Department for review. Signature/Title of Applicant Collier County Parks & Recreation, Director or Designee Name of Association/Organization 13 APPROVE A LEASE AGREEMENT WITH DEVELOPMENT BOARD, INC. SOUTHWEST FLORIDA WORKFORCE OBJECTIVE: That the Board of County Commissioners approve a lease agreement with Southwest Florida Workforce Development Board, Inc.(SFWDB).for use of the band building located at the Immok~ilee Sports Complex contingent on SFWDB receiving a Youth Opportunity Grant Award. CONSIDERATION: SFWDB is applying for a grant through the Department of Labor that will benefit the youth of the Empowerment Alliance of Southwest Florida which includes Immokalee and eastern Hendry County. The Alliance received designation as a federal Enterprise Community in January 1999. This Youth Opportunity Grant, if obtained, will provide funding to improve the services to the youth in the Immokalee area by increasing educational attainment and long term job placement. As part of the grant application, the Development Board wishes to utilize the County-owned band building located at the Immokalee Sports Complex. The building would be utilized solely as an office and educational area. The Development Board would be leasing the building for the length of the grant, if obtained, and is willing to contribute approximately $100,000 worth of renovations to the facility. As part of the grant application, the SFWDB requires the formal approval of the Board of County Commissioners to lease the band building. Currently the Parks and Recreation Department is utilizing the building for some office space and the use by the SFWDB will not have any effect on the Department's use of the building. The Grant application must be submitted by September 30, 1999; therefore, due to time constraints, staff is requesting the Board of County Commissioners approve a Lease Agreement contingent upon final approval of the document (not yet prepared as of this writing) by the Parks and Recreation Department, the Real Property Management Department, Risk Management and the County Attorney's Office. The Development Board is a not for profit corporation; and therefore pursuant to Florida Statute 125.38, a Resolution by the Board of County Commissioners is also necessary, provided the Board agrees the band building is not needed for County purposes. No advertising shall be required. GROWTH MANAGEMENT: None FISCAL IMPACT: Southwest Florida Work Force Development Board, Inc. will be contributing approximately $100,000 worth of renovations to the County's band building. No rent payments shall be requested. The Parks and Recreation Department will continue to maintain the facility. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Approve a Lease Agreement with Southwest Florida Workforce Development Board, Inc., if the grant award is received; 2. Authorize its Chairwoman to execute the Lease Agreement once approved by the appropriate County Departments and the County Attorney's Office when presented; and 3. Adopt the required Resolution pursuant to' Florida Statute. PREPARED BY: (/~ /ames Fitze~, Ol~/rations Manager Department of Parks and Recreation ~'Mfiria Ramsey, Director Department of Parks and Recreation APPROVED ~~tor Division of Public Servi~t~/ Date: Date: 1999 EXECUTIVE SUMMARY AWARD OF BID 99-2938, "Portable Toilet Rentals" Objective: To have the Board award Bid 99-2938, a contract to supply portable toilet rentals for use at all Collier County park facilities for fiscal year 99-00. Consideration: The Collier County Parks and Recreation Department utilizes this service various times annually for County sponsored leagues, special events, etc. which are held at all County park facilities. Bid 99- 2938 was posted on June 30, 1999 with invitations to bid sent to 12 vendors. Only two responses were received. Staff has reviewed the quotes received and recommends award to J.W. Craft, Inc. as the lowest, qualified bidder. Fiscal Impact: General Fund. Funds are budgeted in Parks and Recreation Park Maintenance, Rental Equipment, MSTD Growth Management: None Recommendation: Prepared by: James Fitzek, operations Manager ~Department of Parks and Recreation Reviewed and. Approved by: "" '.' ' ~ , . -:. :' Maria Ramsey, Director Department of Parks and Recreation Reviewed and Approved by: That the Board of County Commissioners award bid to J.W. Craft, Inc. of Naples, Florida. Date: '.!' ',. "~ Steve Chrnell, Director Department of Purchasing Date: ; '1 Date: Reviewed and_____~____2. ~,,/~'~/~ / Approved by.'~ \~£m,, ~ . ~ Th(~m~ts"-'~V.'-~~ni strat or Division of Public Services Agend I ~ t SEP Z81999 _. Post-it' brand fax transmittal memo 7671 I ' o...,~.. ~ S EP '2 8 1999 P~.~ EXECUTIVE SUMMARY ~-"~,WARD OF BID 99-2965, "ON-CALL ELECTRICAL SERVICES FOR PARKS AND RECREATION" Objective: To have the Board award Bid 99-2965, a contract to provide on-call electrical services to Collier County park facilities for fiscal year 99-00. Consideration: The Collier County Parks and Recreation Department utilizes this service various times annually for maintenance and repair of County Park ball-field lights, parking lot lights, etc. Bid 99-2965 was posted on August 11, 1999 with invitations to bid sent to 40 vendors. Only four responses were received. Staff has reviewed the bids received and recommends award to Bentley Electric, Inc. as primary vendor and E.B. Simmons, Inc. as the secondary lowest, qualified bidder. Fiscal Impact: Funds are budgeted in Parks and Recreation Park Maintenance, Electrical Contractors, MSTD General Fund. Growth Management: None Recommendation: That the Board of County Commissioners award Bid 99-2965 to Bentley Electric, Inc. as primary vendor and E.B. Simmons, Inc. as secondary vendor (.James Fitzek, Operatkms Manager Department of Parks and Recreation Reviewed and M&r'la Ramsey, Director / Department of Parks and Recreation Date: Date: Reviewed and Approved by: Steve Car~ell, Di~ctor Department of Purchasing Date: Reviewed and ~. ~ "" ~ / Approved~~ J[ ~ _...- Thomas-'~'-'~W~. O--lliff, A~ln~i~trator Division of Public Servid'~s Date: Agenda l~t.~,o SEP 2 1999 EXECUTIVE SUMMARY APPROVE THE F.R.D.A.P. GRANT AGREEMENT FOR SUGDEN REGIONAL PARK. Objective: That the Board of County Commissioners approve the Department of Environmental Protection, Florida Recreation Development Assistance Program grant agreement for Sugden Regional Park. Consideration: The Parks and Recreation Department received official approval from the Department of Environmental Protection for a $100,000 matching Florida Recreation Development Assistance Program grant on July 22, 1998. The grant will provide $100,000 towards the development of the following features at Sugden Regional Park; picnic Facilities, nature / walking/ Biking trail, fishing pier/walkway, restrooms and other support facilities. This grant saves the County $100,000 towards the project with little future obligations other than to maintain said park. Upon approval from the Board, a completion date of two years will be written into page 4 of the agreement by the DEP. The DEP will reimburse the County upon completion of said amenities and site inspection.. Growth Management: Sugden Regional Park is inventoried within the Growth Management plan. Fiscal Impact: Initial funding for the grant will be paid out of the Regional Park Impact Fee Fund. Upon completion, the County will receive a $100,000 reimbursement. Recommendation: Staffs recommends that the Board approve the Department of Environmental Protection, Florida Recreation Development Assistance Program grant agreement. Jr(roes Fitzek, Operations Manager ~Department of Parks and Recreation Reviewed and _ -" .', : .,~,, Approved by: ,//r/!,:~f:/,~ /~ ,L ,.e'c': :rig i/:/ Date: Ma la Ram'sey, Dire tor Department of Parks and Recreation Prepared by: Reviewed _a n~.L_~'~./,:~l' Approved b y--'~----~il~ _/~ig~.._~ Thomas W. Olliff, A~nistrator Division of Public S~ices F2148 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of , 19 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and Collier County, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to s. 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with s. 370.023, 375.021 and 375.075, Florida Statutes; and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Disputes concerning the interpretation or application of this Agreement shall be resolved~ Page 1 of 15 by the DEPARTMENT whose decision shall be final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of s. 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is uhe primary purpose of the project known as Sugden Regional Park (Florida Recreation Development Assistance Program FRDAP) Project Number F20148), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements on real property, the legal description of which is set forth in the PROJECT application. The PROJECT application is incorporated into this Agreement by reference as if fully set forth herein. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Picnic facilities nature/walking/biking trail, fishing pier/walkway, restroom and other rela~ed support facilities. Page 2 of 15 ! SEP 81999 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $100,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 100,000 50% GRANTEE Match $ 100,000 50% Type of Match Cash and/or in-kind services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. The DEPARTMENT'S Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date under this Agreement and, if the work and payment request are in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT shall retain 10% of the entire DEPARTMENT amount until completion of the PROJECT and all PROJECT completion documentation, as described in the Florida Recreation Development Assistance Program Completion Documentation, Form FPS-A037, referenced in s. 62D-5.058(4) of the RULE, is submi'hted to the DEPARTMENT by the GRANTEE. 5. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation Page 3 of 15 described in the Florida Recreation Development Assistance Program Development Project Co~.encemant Documentation Form, Form FPS-A034, referenced in s. 62D-5.058(7) (c)of the RULE. 6. The Grantee shall obtain all required local, state and federal environmental construction permits and approvals prior to commencement of project construction and shall certify to the Department by completing the Pre-Construction Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of the RULE. 7. The GRANTEE shall comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, referenced in s. 62D-5.058(3) (b)of the RULE, and incorporated into this Agreement by reference as if fully set forth herein. The GRANTEE shall ensure that all purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with ~he GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including required matching conuribution, shall be reported to the DEPARTMENT and summarized on certification forms incorporated in the PROCEDURE. The PROCEDURE esnablishes uniform guidelines to be utilized by the DEPARTMENT and the GRANTEE in accounting for PROJECT funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. Page 4 of 15 8. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller 'and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the retention period. 9. PROJECT funds may be reimbursed for eligible preagreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D- 5.055{9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expeditures which meet the requirements of the foregoing sections of the RULE. 10. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. Page 5 of 15 11. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaisbn Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 12. Ail monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and apProval by the Comptroller of Florida in accordance with s. 17.03, Florida Statutes. 13. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. Page 6 of 15 | SEP 2Blggg 14. The GRANTEE shall comply with all federal, state and local rules and regulations in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The GRANTEE further agrees to ensure that the GRANTEE's contract will include this provision in all subcontracts issued as a result of this Agreement. 15. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 16. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GP~NTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida S=atutes. 17. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with this Agreement, the DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE in writing of any reimbursement due the DEPARTMENT. The GRANTEE shall be allowed a maximum of sixty (60) days fro~ the date of such Page 7 of 15 notification to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. 18. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund due. Interest shall be calculated from the da~e(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repaymen~ is made by GRANTEE. 19. The S~ate of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 20. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 21. If asphalt paving is required for the PROJECT it shall conform to the Florida Department of Transportation's specifications Page 8 of 15 for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards to be paved. 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication must be recorded in the offical public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if on GRANTEE-owned land and purchased or developed with FRDAP funds, shall be managed for outdoor recreation purposes for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, management agreement or dedication, and developed with FRDAP funds, shall be managed as a public outdoor recreation area for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Such PROJECT shall be open at Page 9 of 15 reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of th~ PROJECT site to a use or uses other than public outdoor recreational use, the GRANTEE shall replace the FRDAP facility, at its own expense, with a project of comparable scope and quality approved by the DEPARTMENT. In lieu of accepting a replacement facility, the DEPARTMENT may require return of all FRDAP funds with interest as specified in Paragraph 18. 24. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 25. No person on the grounds of race, creed, color, national origin, age, sex, marital status cz' ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. Page 10 of 15 i SEP 2 8 1999 I 26. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 27. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has comp].ied with the provisions of this Agreement. 28. Pursuant to s. 215.422, Florida Statutes, the DEPARTMENT's Project Mal~ager shall haste f~ve (5) working days, unless otherwise specified herein, to inspect and approve the services for Page 11 of 15 SEP 2 8 1999 payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be retL~rned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacte~ at 850/488-2924 or 1-800-848-3792. 29. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10.0% per Page 12 of 15 EP 2 ti lgg. annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT's Contracts Section a~ 850/922-5942. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 31. In addition, a copy of the audit or attestation as required in paragrsph 27, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 32. This Agreement ±$ not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 33. It is understood by the parties that the amount of this Agreemen~ may be reduced should the Governor's Budget Office declare a Page 13 of 15 Agen e ! SEP 28tggg revenue shortfall and assess a mandatory reserve. Should a shortfalJ be declared, this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties heretic, and attached to the original of this Agreement. Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: By: Division Director (or Designee) Division of Recreation ..... dP.~...,,s-~' Pamela S. Mac'Kie, chairwoman Title: Address: Bureau of Design and Recreation Services Division of Recreation and Parks Address: 3300 Santa Barbara Blvd. Naples, Florida 34116 3900 Commonwealth Boulevard Mail S%ation 585 Tallahassee, Florida 32399-3000 Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on May 20, 1999, for use for one year. ATTEST: DWIGHT E. BI:~)C~, CLERIC Grantee Attorney **If someone other than the Chairman signs the contract, a resolution,statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. FPS-A046 Revised 05/99 Page 15 of 15 EXECUTIVE SUMMARY ENTER INTO AN AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD RECREATIONAL CAMP FIELD TRIP TRANSPORTATION. FOR Objective: To obtain transportation services for camp participants in a cost-effective and reliable manner. Considerations: For the past thirteen (13) years Collier County has entered into similar agreements with the Collier County School Board. The attached Agreement provides for use of school buses (with or without drivers supplied by the School Board) by the Parks and Recreation Department to transport recreational program participants to any recreational area to facilitate recreational programs until August 31, 2000. Examples are visits to educational sites, roller-skating, swimming, beaches, bowling, and movies. The attached School Board Agreement provides for use of school buses and drivers (Option A) to transport Parks and Recreation Department program participants to any recreational attraction. The County will pay the School Board a per hour rate of $17.78 for use of the bus and a driver. This rate is calculated from the time said bus leaves from and returns to their transportation barn. Additionally a rate orS1.11 per mile is charged. (Option B) provides only school buses. This option is provided in the standard School Board Agreement; however, it is not a viable option since staff does not have any certified drivers. Under Section © (7) of the Agreement and pursuant to Section 234.211(2) (b), Florida Statutes, the County has provided a Certificate of Proof of Required Liability Insurance to the School Board in the amount of $100,000. Upon Board authorization, the agreement will be effective until August 31, 2000. Past price quotes from similar vendors have been higher and their service level was not acceptable. Due to its large fleet of buses and veD' reliable service, it is requested that the County continue this mutually beneficial arrangement utilizing the School Board's buses. Staff anticipates the total contract to amount to $47,000 for FY 00. Fiscal Impact: Funds have been budgeted in FY00 to support this Agreement for each camp location. It is anticipated that 75% ($33,750) of the contract total, will be reimbursed through recreational program participant fees. Growth Management: None Recommendation: Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached agreement to utilize school buses driven by School Board bus drivers at reasonable rates (Option A) .... Prepared by: // James K. Fitze, ,~P~iions Manager Department,of Parks and Recreation Reviewed by: , Maria Ramsey, Direcf~)r Department of Parks and Recreation Reviewed b~~.~X i ,'~~ --' '~h~as ~/.'~-'~dministrator Division of PulSll'c Services Date: Date: SEP 1999 TRANSPORTATION AGREEMENT FOR GOVERNMENTAL AGENCY THIS AGREEMENT made and entered into this _ day of ,1999 by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (School Board), and COLLIER COUNTY PARKS AND RECREATION by and through the Board of County Commissioners of Collier County, Florida, (Agency). WHEREAS, Chapter 234 of the Florida Statutes autberizes local school districts to enter into agreements with organizations for the use of school buses belonging to the school district, and WHEREAS, the Agency desires to utilize the school buses of the school district, and WHEREAS, Section 234.21 l(1)(a), Fla. Stat., provides that each school district may enter into agreements with the governing body ora county or municipality in the school district or any state agency for the use of school buses of the school district for transportation of the elderly, transportation disadvantaged or for any county, municipal or state purpose. WHEREAS, this Agreement contemplates two (2) use options available to the Organization. Option A is for the provision of buses with drivers and Option B is for provision of buses only. Reimbursement to the School Board shall be based upon the Option selected by the Agency as determined by this Agreement. IT IS THEREFORE AGREED: 1. Option A - Bus and Driver: (1) The School Board shall provide buses with drivers in accordance with the terms provided herein. SEP Z o (2) For each vehicle and driver,, the Organization shall reimburse the School Board for the use of the vehicle at the rate of $17.78 per hour and $1.11 per mile and a fee (labor rate as needed) for cleaning and maintenance. 2. Option B - Bus Only: (1) Organization agrees to pay to the School Board $1.11 per operated mile for ' each bus. Operated m/le is defined as every mile for each bus. Operated miles is further defined as every mile the vehicle is operated in support of the Organization's Program, whether with passengers or not, and to include necessary trips to and from a School Board Transportation Department. Mileage will be recorded and billed by the School Board. Such bus will be returned to the Transportation Department of the School Board at the end of each operating day. The Organization will be assessed a cleaning fee (at a labor rate as needed) for each bus checked back in which is not cleaned. (2) Such bus will only be operated by employees of the Organization who are licensed and approved as school bus drivers by the Department of Transportation of the School Board. 3. The Agency agrees that all requests for use of buses and drivers will be made at least two weeks prior to the date requested. All service is contingent upon buses and/or drivers availability. 4. The Agency agrees that in the event of a cancellation the School Board will be given 24 hours advance notice. In the event the notice of cancellation is not issued to the School Board with 24 hours a fee ors 25.00 will be due and payable to the School Board. 5. Payment for services rendered or due shall be assessed by the School Board by the 10th of each month and paid by the Agency by the 30th of each month. 6. The Agency shall indemnify and hold harmless the School Board from any and all liability of the School Board by virtue of these use of the school's vehicles. 7. The Agency, pursuant to Section 234.211(2)(b), Fla. Stat., shall for purposes of' liability for negligence be covered by Section 768.28, Fla. Stat. 8. The Agency agrees that there shall be no fee charged to passengers on the bus. 9. Effective January 1, 1995, each agency entering into a Transportation Agreement with Collier County Public Schools under Option B shall comply fully with the Omnibus Transportation Employee Testing Act of 1991. The Act requires persons who are operators of commercial motor vehicles, including school bus drivers, and who are subject to the requirements of a Commercial Driver License (CDL), be tested for drugs and alcohol in compliance with the Act. The Agency may utilize the school district's approved testing lab and the Agency shall pay the costs for each person tested by the laboratory. 10. The use of vehicles by the Organization shall at all times be subject to rules adopted by the School Board. 11. This Agreement shall commence on the date first above written and remain in effect through August 31, 2000. 12. This Agreement represents the entire Agreement between the parties and may not be amended except by written instrument signed by all parties hereto. 13. All the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and assigns. J SEP 2 8 1999 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signed in the Presence of: Print Name: Print Name: DISTRICT SCHOOL BOARD OF COLLIER COUNTY Dr. Dan W. White, Superintendent Chairman Print/%me: RELIER COUNTY PARKS AND ATION %., Title: Print Name: ATTEST: DWIGH? E. BROCK, Clerk BY: by: Deputy Clerk Approved as to form and legal sufficiency Assistant County Attorney Name: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman 4 SEP 2 8 1999 Pg., X EXECUTIVE SUMMARY AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE ANNUAL CONTRACT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT OBJECTIVE: To augment the level of public health services provided to the residents of Collier CONSIDERATIONS: Each year the County enters into an agreement with the State of Florida that provides funding and facilities for the provision of Public Health services. The attached agreement is that annual contract and, if executed, will begin on October 1, 1999 and mn concurrently with the County's fiscal year expiring on September 30, 2000. In essence the agreement is the same agreement as last year's, which indicates the services that will be provided and the cost share between the State and the County. It also indicates the expected third party sources of revenues and attributes those to the County or the State based upon each agency's contributions. In addition, this agreement includes as the last attachment indemnification language that was negotiated between the State and the County Attorney's office, which is a feature of this contract unique from others around the State. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this item, as there is no Public Health element in the County's comprehensive plan. FISCAL IMPACT: The contract includes a cash contribution of $603,400, a reduction of 1.9% from last year's agreement. These funds are budgeted in the FY 00 general fund (001) budget in the cost center for Public Health (155810). $473,621 will be used to support Communicable Disease Control, $129,779 will go toward School and Adult Health while the Environmental Health and Engineering program is funded completely through fees for service. In addition to the cash contribution, the agreement recognizes the contribution the County makes in the form of office and 'clinic space. The estimated annual rental value of that contribution is $496,455. The contract further recognizes that the Collier Health Depariment will retain $217,811 of unspent funds from prior years. These funds are set aside in what is called the "Collier County Health Unit Trust Fund". These funds have in the past been used for special capital purchases of equipment or furniture but are primarily retained as a cash flow reserve. Lastly, the contract recognizes the contribution that the County makes in the way of BCC paid operating expenses. These are generally associated with building maintenance and insurance, .and in FY 00 amount to $232,800, an increase of $13,900 which is primarily due to increases in telephone, water and sewer and medical malpractice insurance. In total the County will provide the Health Department with $836,200 in cash and $496,455 in donated rent. RECON[MENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the Chairwoman to execute the annual contract with the State of Florida Department of Health for the operations of the Collier County Health Department. Prepared and submitted for approval by: tl~'l,~'~ A ~h~_ Thc;;n-a~s ~. b'i~ff,~ces Administrator 1999 CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 1999-2000 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 1999. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislativ~ intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 1999, through September 30, 2000, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below'. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: protect "Environmental health services" are those services which are organized and operated to the health of the general public by monitoring and regulating activities in the SEP 2 1999 environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal levels. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women's, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the County Health Department will be handled as follows: The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility as provided in Attachment II, Part II is an amount not to exceed $4,894,478.00. The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility as provided in Attachment 'II, Part II is an amount not to exceed $1,959,489.00. b. Overall expenditures will not exceed available funding (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. No. SEP-2 8 c. Either party may establish service fees as allowed by law to fund activities of the CHD. The amount and purpose of such fees are listed in Attachments IV and V of this Agreement. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing, 30 days before the increase or decrease is to occur, of the amount and purpose for the increase or decrease in funding. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail Naples, FL 34112 5. CHD DIRECTOR. Both parties agree the director of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director shall be selected by the State with the concurrence of the County. The director of the CHD shall insure that noncategorical sources of funding are used to fulfill public health priorities in the community and the State Strategic Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director to the parties no later than October 1 of each year. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., .below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director must sign a justification therefor, and all county purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment VI. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Recognized Governmental Accounting Procedures and Governmental Accounting Standards Board, and the requirements of federal or state law. These / S EP 2 8 records shall be maintained as required by HRSM 15-1 "Records Management Manual" and shall be open for inspe,~tion at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of subparagraph i, below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the State Automated Management Accounting Subsystem; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information SystemfHealth Management Component Pamphlet; iii. Financial procedures specified in the Department's Accounting Procedures Manuals, Accounting memoranda, and Comptrollers memoranda; iv. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR); v. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. The Collier County Health Department Trust Fund shall maintain an average trust fund balance · of no less than 8% of its annual operating budget. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract, then funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund and shall be accounted for in a manner which clearly iljustrates the amount Which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special projects explained in Attachment VII. f. There shall be no transfer of funds between the three levels of services without a contract amendment duiy signed by both parties to this contract and the proper budget amendments unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for Health has approved the transfer. The Deputy Secretary for Health shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and recordkeeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB manual A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by Federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise excepted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 455.667, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality ~rocedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. 1. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of servic - .~,a,~.h~e_ .C_Hp .... Agenda Lte¥ 5 S EP 2 8 1999 will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/he, i' right to a fair hearing to the final governing authority of the agency. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county and department of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the cumulative amount of the variance between actual and planned expenditures does not exceed one percent of the cumulative expenditures for the level of service in which the type of service is included, a variance explanation is not required; p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2000 for the report period October 1,1999 through December 31, 2000; ii. June 1, 2000 for the report period October 1,1999 through March 31, 2000; iii. September 1, 2000 for the report period October 1, 1999 through June 30, 2000; and iv. December 1, 2000 for the report period October 1,1999 through September 30, 2000. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment VI to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment VI. b. The county shall assure adequate fire and casualty insurance coverage for County-owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The County shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the CHD trust fund shall be sold at fair market -- A ~ ert d&--:i~,~, value when they are no longer needed by the CHD and the proceeds returned to the CHD trust fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in ~-riting to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, the State may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement my be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested} or in person to the othdr party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 1999, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to writing and signed by all parties. c. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: Lvle Jerrett, Ph.D. Name Acting Director, Collier County Health Dept. Title 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 For the County: Thomas W. Oiliff Name Administrator Public Services Title 3301 E. Tamiami Trail, Bldg.H Naples, Florida 34112 Address Address (941) 774-8206 (941) 774-8468 Telephone Telephone If different-contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. d. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. Agenda I t~... SEP 2 8 1999 ENTERED INTO AND AGREED between the parties hereto by the undersigned authorities, effective the 1" day of October, 1999. BOARD OF COUNTY COMMISSIONERS FOR Collier COUNTY, FLORIDA SIGNED: Date: Pam Mac'Kie, Chairwoman ATTEST: Dwight E. Brock, Clerk By: Approved as to form and legal sufficiency Robert N. Zachary Assistant County Attorney DATE: STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: (Department Authority) NAME: Robert G. Brooks, M.D., TITLE: Secretary DATE: SIGNED BY: CHD Director/Ad n~istrator NAME: Lyle Jerrett~ Ph.D. TITLE: Acting Director~ CHD DATE: ~,~ cc: David Weigel, County Attorney SEP 2 8 1§§§ ATTACHMENT I PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with sPecific program and reporting requirements in addition to the CIS/HMC minimum data set and the SAMAS 2.2 requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Sexually Transmitted Disease Program Requirements as specified in HRSM 150-22- Requirements as specified in Policy 87-7-5 regarding State Health Office STD Program review and approval of personnel/budget actions. o Dental Health Monthly reporting on HRSH Form 1008, Special Supplemental Food Program for Women, Infants and Children. Service documentation and monthly financial reports as specified in HRSM 150-24' and all federal, state and county requirements detailed in the program manuals and published procedures. Improved Pregnancy Outcome Requirements as specified in HRSM 150-13A*. Quarterly reports of services and outcome on HRSH Form 3096*. Program Quarterly Progress Report, Quarterly Summary Report, Presumptive Eligibility/ Medicaid Determination Log by all providers authorized to determine presumptive eligibility. Family Planning Periodic financial and programmatic reports as specified in HRSM 150.27-. 10 ATTACHMENT I (Continued) o 10. 11. Immunization CHD Program Chronic Disease Program Environmental Health AIDS Program School Health Services Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization. Requirements as specified in HRSM 150-3' and HRSM 50-9* Requirements as specified in the Reference Guide to CHIP and HRS* forms identified in HRSM 150-8, and 150-12'. Requirements as specified in HRSM 50-10' Requirements in HRSM 150-30- and case reporting on CDC Form 50.42. Socio-demographic data on persons tested for HIV in CHD clinics should be reported on CDC HIV Counseling & Testing Report Form. These reports are to be sent to the Headquarters AIDS office within 30 days of the initial post-test appointment regardless of clients' return. HRSM 150-25', including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. 11 ATTACHMENT II PLANNED FUNDING AND EXPENDITURES PART I PART II PART II COUNTY TRUST FUND USE (pg. 13) STATE & COUNTY REVENUE (pg. 14-19) STATE & COUNTY (pg. 20, 21) Funding portions follow attch2900.doc (rev. 9/14/99) 12 Z Z Z o ATTACHMENT H COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department STATE 1. GENERAL REVENUE 015050 015050 015011 015065 015050 015050 015050 015050 O15O5O 015050 015050 015050 015050 015050 015050 015048 015050 015037 015050 015123 015123 015123 015065 015115 015140 015124 015124 015124 015137 015137 015137 015124 015124 015124 015123 015029 015115 015012 015011 ALG/Contributions To CHD (050329) ALG/Contr. To CHDs-.5% Holdback (050329) ALG/Cont to CHD Primary Care (050329) ALG/Cont to CHD AIDS Prev& Surv(050329) ALG/Cont to CHD Mig Lbr Camp San(050329) ALG/Cont to CHD Home HIth Pilot Proj (050329) Sovereign Immunity (050329) ALG/Cont to CHI)s Pinellas Indigent Dentl Clinic-UF (050329) ALG/Cont to CHI)s-Dental Praogram (Cat. 050329) ALG/Cont to CHI) lmmun Outreach (050329) ALG/Cont to CHI) Comm TB Program (050329) ALG/Cont to CHD Indoor Air Assist(050329) ALG/Cont to CHD Faro Trans PRG (050329) ALG/Palm Beach CHD-Health Program Office Staff (050329) ALG/Cesspool Identification and Elimination (Cat. 050329) ALG/Cont to CHI) STD Program (050329) Improve Overall Health of Fla. Comm. St. Lucie (050329) ALG/Cont to CHDs Mtrnl & Chid Hlth Field StaffCost(05 Epid.emiology Traning & Clinical Support (CAT. 050329) ALG/Family Planning (050001) ALGfFamily Planning Planned Parenthood NE FL (CAT. 050001) ALG/Family Planning (CAT. 050001) - Alachua Colposcopy ALG/Cont to CHI) AIDS Pat Care (050026) ALG/School Health Services (051106) ALG/School Health Suppl. (051106) ALG/IPO-Healthy Start/IPO (050707) ALG/IPO-Infant Mortality Project (CAT. 050707)- ALG/IPO - Outreach Social Workers (CAT. 050707) ALG/IPO Healthy Start Resource Moms & Dads (050707) ALG/IPO Healthy Start Incr Maternal Health Care (050707) ALG/IPO-Healthy Start-Data Collect. Prj Staff(CAT. 050707) ALG/MCH-Healthy Smrt/IPO (050870) ALGAPO Outreach Social Workers (CAT 050870) ALGfMCH-Infant Mortality Project (CAT. 050870) Planned Parent Hood - Collier and Sarasota (CAT. 050329) AIDS/Drugs Reimb. One Time Transfer (CAT 180000/FG TF) G/A Eye Exams NASA -School Health Occular Scm. (050063) G/A Epilepsy Services (050082) ALG/Primary Care (050331 ) GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE 015010 015072 015026 015170 015172 015174 015016 015010 015010 015084 015010 015020 015010 ALG/Contr. to CHDs-Rebasing (CAT. 050329) Tobacco 'FF ALG/Cont to CHD Safe Drinking Water-DEP ALG/Cont to CHI) Bio-Medical Waste (DEP) Tobacco Coordination (CAT. 105014) Tobacco TF Full Service Schools - Tobacco (CAT 102258) Tobacco 'IF Basic School Health - Tobacco (CAT 051106) Tobacco T1e G/A Epilepsy Prev and Educ (CAT. 050093)/Epilepsy TIe Food Hygiene Program Health Services in Model City-Dade County Varicella Immunization Requirement (CAT 050329) Tobacco TF SUPER Act Program (CAT. 050329) Adm TF Food and Waterborne Disease Program (CAT. 050329) Adm TF Hlth Svc~ for Elderly-Me&van Proj-Broward (050329) Tob. TF 14 1,278,168 0 27,361 100,075 40~38 0 0 0 0 14,594 67,929 0 0 0 0 0 0 0 0 45,250 0 0 93,263 49,907 0 0 O' 0 0 0 0 0 0 0 61,283 0 0 0 354,068 2,132,236 0 1,278,168 0 0 0 27,361 0 100,075 0 40,338 0 0 0 0 0 0 0 0 0 14,594 0 67,929 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 45,250 0 0 0 0 0 3 0 ,7 0 0 0 0 0 0 0 0 0 0 0 0 O' 0 0 0 0 0 0 0 0 61,283 0 0 0 0 0 0 0 354,068 0 2,132,236 33,298 0 33,298 0 0 0 0 0 0 64,854 0 64,854 147,133 0 147,133 86,773 0 86,773 0 0 0 0 0 0 0 7,476 .A~enda I.t ~;m ^ o 2 o ATTACHMENT H STATE COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department 2. NON GENERAL REVENUE 015010 Pasco CHI) Dental Program (CAT 050329) Tobacco TF 015010 Breast & Cctv. Cancer-Pnshp Prj- Hillsbor.(052250) Tob.TF 015010 Dunbar Center - Lee County - Lee CHD (CAT 052250) Tob. 'IF . 015010 Prim Care OutrchoPnllagSuncst. Cm lisp Res.Pro(052250)Tob TF 015010 Prj SOAR-HIthy Mthrs/Hlthy Babies-PIm Bch CHD(052250)Tob TF 015010 Leon County Mobile Health Unit (CAT 052250) Tobacco TF 015010 Telemed Pilot-PIm Bch Cty - Palm Bch CHD (052250) Tob T1= 015029 Radiation ProtectionTF/X-Ray Inspection (CAT. 180000) 015029 Radiation Prot. TF/Rad Lic Fee Transfer (CAT. 180000) 011055 Other Grants DOE 015113 SPL Program FIRS Reimb 010304 Stationary Pollutant Storage-DEP 015020 Transfers Interagency 015121 Super Act Transfers NON GENERAL REVENUE TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 52,000 0 52,000 20,000 0 20,000 411,534 0 411,534 3. FEDERAL FUNDS 007051 015075 007135 007065 007064 007066 007066 007062 007049 007049 007067 007084 007084 007085 00'?084 007084 007000 007133 007133 007133 015075 007127 007127 007134 007134 007134 007132 007134 007134 007134 007134 007058 007071 007063 007133 007030 007000 007056 FG TF WIC Admin Transfer (050329) FG TF Family Trans Program (050329) Abstinence Grant Education Program FG TF AIDS Prevention (050329) FG TF AIDS Surv/Serop (050329) FG TF Ryan White (050329) FG TF Ryan White- AIDS Drag A~sist Program Admin. (050329) FG TF/AIDS Epid research Study (050329) Coat to CHDs - STD Chlamydia Study (CAT 050329) FG TF/ALG Contr to CHDs-STD Program (050329) FG TF/ALG/Contr to CHDs-Community TB (050329) Immunization Special Project FG TF/ALG/Contr to CHDs-lmmunization Action Plan (050329) FG TF/Breast and Cervical Cancer Grant FG TF/ALG/Contr to CIE)s-Project Field Staff(050329) ALG/Contr. to CHDs-Immun. Action Plan - WIC-lmm Linkages Brain Injury Prevention Program (CAT. 000700) Family Planning Title X (050001) Faro Planning Title X Spec Proj (050001) Family Planning Title X Sterilzations (50001 ) ALO/Family Planning - Pregnancy Prey - TANF (CAT 050001) MCH BLK Grt. Child Health (050870) MCH BLK C-rt. Child Hlth (Ages 0-1 YR),(050870) ALG/MCH-MCHBG HIthy Start/IPO (050870) ALG/MCH-MCHBG Outr. Soc Workers (050870) MCH BLK Cn~.-IPO Infant Mort. Proj. (050870) MCH BLK Gr~ Dental Projects (050870) ALG/IPO/MCH-Infant Mortality Project (CAT. 050707) ALG/IPO/MCH Outr Social Workers (050707) ALG/IPO-MCH Blk. C-rt.-IPO (CAT. 050707)-Cmdsden Sch Clinic ALG/IPO-MCHBG HIthy Star~IPO (050707) FG TF/Diabetes Control FG TF EPI Res Stud. of AIDS/H/V (180000) PHBG HERR Chronic Dis Init (101505) Planned Parenthood PREV HLTH BLK GRT-Migram Labor (180000) Phiesteria Related Illness Surv &Prev (180000) FG TI: Health Program for Refug. (180000) 15 725,633 0 725,633 0 0 0 0 0 0 101,571 0 101,571 0 0 0 0 0 0 15,822 0 15,822 0 0 0 5,625 0 5,625 0 0 0 110,349 0 110,349 0 0 0 23,796 0 23,796 0 0 0 0 0 0 0 0 0 0 0 0 38,157 0 38,157 0 0 0 0 0 0 7,054 0 7,054 11~51 0 11~51 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 150,0~ 0 150,000 0 [ o 2 I§9 ATTACHMENT H STATE COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department 3. FEDERAL FUNDS 007044 PREV HLTH BLK GRT-Rape Awareness(180000) 015075 Transfer-FED Grants other Agencies 015060 Entrant Reimb. Transfer FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES 001091 Communicable Disease Fees 001092 Environmental Health Fees 001 ! 13 Mobile Home and Parks 001132 Food Hygiene Permit 001133 OSDS Repair Permit 001134 OSDS Permit Fee 001211 Safe Drinking Water 001136 i & M Zoned Operating Permit 001137 Aerobic Operating Permit 001138 Septic Tank Site Evaluation 001139 Migrant Housing Permit 001140 Biohazard Waste Permit 001141 Non-SDWA System Permit 001142 Non SDWA Lab Sample 001144 Tanning Facilities 001145 Swimming Pools 001164 Public Water Constr Permit 001165 Private Water Constr Permit 001166 Public Water Annual Oper Permit 001170 Lab Fee Chemical Analysis 001026 Returned Check Set Fees 010403 Fees-Copy of Public Doc 015055 Registar Fees (Ch. 382.34) 001135 OSDS Variance Fee 015052 Transfers-Mobile Home/RV Park FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS 090001 Draw down from Public Health Unit OTItER CASH CONTRIBUTIONS TOTAL 6. MEDICAID 001056 001080 001081 001082 001083 001084 001085 001086 001087 001088 001089 001147 001148 0011gl 001190 001191 CHI) Incm:Medicaid-Pharmaey CHI3 lncm:Medicaid-Other CHI3 Inem:Medicaid-EPSDT CHD lncm:Medicaid-I)ental CHI) Incm:Medicaid-FP CHI) Incm:Mcdicaid-Physician CHI) Incm:Medicaid-Nursing CHi3 Incm:Co-lnsuranee CHD Incm:Medicaid-STD CHD Inem:Med Reimb AZT Disp Fee Medicaid AIDS Medicaid HMO Rate Medicaid-HMO Admin CHD Incm:Medicaid Transportation Health Maintenance Organ. OtMO) CHI) Incm:Medicald Maternity 16 0 0 0 1,214,369 0 0 0 0 0 0 0 !,214,369 85,733 0 85,733 85,733 0 85,733 457,000 0 457,000 0 0 0 0 0 0 0 0 0 0 0 0 81,619 0 81,619 0 0 0 0 0 0 0 0 0 0 0 0 52,000 0 5~ 0 0 0 0 ~ - o / o isEP z s 1 6,000 0 6,000 249,732 0 249,732 18,411 0 18,411 15,773 0 15,773 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8,250 0 8,250 0 0 0 0 0 0 26,100 0 26,100 3,015 0 3,015 122,512 0 122,512 0 0 0 0 6,894 0 6,~94 0 0 0 0 0 0 2,000 0 2,000 0 0 0 300 0 300 0 0 0 458,987 0 458,987 ATTACHMENT H STATE COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department 6. MEDICAID 001192 CHD lncm:Medicald Comp. Child 001193 CHI3 Incm:Medicaid Comp. Adult 001194 CHD Inem:Medicald Sonagram .. 001208 Medipass $3.00 Adm. Fee MEDICAID TOTAL 7, ALLOCABLE REVENUE 011007 Cash Donations Private 001029 Third Party Reimbursement 010301 Exp Witness Fee Consultnt Charges 005040 Interest Emed State lnves~nent 005041 Interest Emed Local Investment 007010 U.S. Grants Direct to CHD 008094 Grnts/Contract~ other Agencies Direct 011098 Donation School Based Clinic 011099 Other Grants/Donations Direct 012020 Fines and Forfeitures 018001 Refunds, Salary 018003 Refunds, other Personal Services 018004 Refunds, Expenses 018006 Refunds, Operating Capital Outlay 018010 Refunds, Special Category 018011 Refunds, Other 018099 Refunds, Certified Forward 037000 Prior Year Warrant 038000 12 Month Old Warrant 010300 Sale of Goods and Services 010402 Recycle Paper Sales 010403 Fees-Copies of Documents 010405 Sale of pharmaceuticals 011055 Other Grant DOE 012021 Return Check Charge 018005 Refunds C_,rants to Local Gov't 029010 Sale of Fixed Assets ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND State Pharmacy Services State Laboratory Services State TB Services State Immunization Services State STD Services State Construction/Renovation WIC Food Other (specify) Other (specify) Other (specif3') Other (specify) OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND TOTAL TOTAL STATE CONTRIBUTIONS 17 0 0 0 0 0 0 0 0 0 1,000 0 1,000 591,619 0 591,619 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 · 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 151,758 151,758 0 217,862 217,862 0 0 0 0 154,250 154,250 0 0 0 0 0 0 0 3,715,932 3,715,932 0 0 0 0 0 0 0 0 0 0 0 0 0 4,239,802 4,239,802 4,894,478 4,239,802 9,134,280 ATTACHMENT H COUNTY COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department I. BOARD OF COUNTY COMMISSIONERS ANNUAL APPROPRIATIONS: 008030 Grants-County Tax Direct 0 008034 Grants Cnty Commsn Other 603,391 BOARD OF COUNTY COMMISSIONERS ANNUAL APPROPRIATIONS TOTAL: 603,391 2. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION: 001077 Primary Care Fees 32,200 001093 Communicable Disease Fees 59,855 001094 Environmental Health Fees 215,800 001114 New Birth Certificates 25,000 001115 Death Certificates 155,000 001116 Computer Access Fee 2,000 001060 Vital Statistics Fees Other 7,000 001004 Child Car Seat Prog 600 001074 Adult Enter. Permit Fees 0 001195 Primm3, Care Transfer Fees 0 001117 Vital Stats-Adm. Fee 50 cents 3,000 001196 Water Analysis-Potable 0 FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION TOTAL 500,455 3. OTHER CASH AND LOCAL CONTRIBUTIONS 090002 Draw down from Public Health Unit 104,678 001090 Medicare 56,089 008050 Grants-Cnty Sch Board Direct 0 008010 Grants Contracts Frm Cities Direct 0 008033 County Contributions For Facilities 0 008090 Grants other Local Govn't Direct 0 008095 Grants Cnty Sect 403.102 Air Pol 0 008099 Reimb/Rebate Local Govn't 0 008031 County AIDS Education 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 160,767 4. ALLOCABLE REVENUE 011007 Cash Donations Private 0 001029 Third Party Reimbursement 39,554 010301 Exp Wimess Fee Consultnt Charges 0 005040 Interest Emed State Investment 60,000 005041 Interest Emed Local Investment 0 007010 U.S. Grants Direct to CHI) 0 008094 Gmts/Contracts other,Agencies Direct 105,399 011099 Healthy Kids 200,322 011099 Healthy start Coalition 113,966 012020 Fines and Forfeitures 2,000 018001 Refunds, Salary 0 018003 Refunds, other Personal Services 0 018004 Refunds, Expenses 1,000 018006 Refunds, Operating Capita] Outlay 0 018010 Refunds, Special Category 0 018011 Refunds, Other 0 018099 Refunds, Certified Forward 0 037000 Prior Year Warrant 0 038000 12 Month Old Warrant 0 010300 Sale of Goods and Services 136,000 010402 Recycle Paper Sales 0 010403 Fees-Copies of Documents '11~ 0 0 0 0 603,391 0 603,391 0 32,200 0 59,855 0 215,800 0 25,000 0 155,000 0 2,000 0 7,000 0 600 0 0 0 0 0 3,000 0 0 0 500,455 0 104,678 0 ' 0 0 · 0 0 0 0 0 0 0 0 0 0 0 0 160,767 0 0 0 39,554 0 0 0 60,000 0 0 0 0 0 105,399 0 200,322 0 113,966 0 2,000 0 0 0 0 0 1,000 0 0 0 0 0 0 0 0 0 ATTACHMENT H COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department COUNTY 4. ALLOCABLE REVENUE 010405 sane of pharmnceuticans 011055 Other Grant DOE 0 ! 2021 Return Check Charge 018005 Refunds Grants to Locan Gov't 029010 Sane of Fixed Assets COUNTY ALLOCABLE REVENUE TOTAL S. BUILDINGS: Annuan Rental Equivanent Vanue Maintenance Other (specify) Other (specify) Other (specify) Other (specify) Other (specify) BUILDINGS TOTAL 6. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND Other County Contribution (specify) Other County Contribution (specify) Other County Contribution (specify) Other County Contribution (specify) Other County Contribution (specify) OTHER COUNTY CONTRIBUTIONS NOT IN CHI) TRUST FUND TOTAL . TOTAL COUNTY CONTRIBUTIONS GRAND TOTAL CHI) PROGRAM 36,575 0 36,575 0 0 0 60 0 60 0 0 0 0 0 0 694,876 0 694,876 0 406,400 406,400 0 66,414 66,414 0 218,000 2 i 8,000 0 9,106 9,106 0 0 0 0 0 0 0 0 0 0 699,920 699,920 0 0 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 1,959,489 . 699,920 2,659,409 6,853,967 4,939,722 11,793,689 19 ATTACHMENT H COLLIER COUNTY HEALTH DEPARTMENT Part III. Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October 1, 1999 to September 30, 2000 A. coMMUNICABLE DISEASE CONTROL: Immunization (101 ) 8.25 0 30,000 223,000 58,000 64,687 STD (102) 5.79 1,200 6,000 78,578 70,577 70,577 A.I.D.S. (103) 15.16 800 5,200 299,250 299,250 299,250 'Il5 Control Services (104) 12.47 3,200 13,000 175,713 175,713 175,712 Comm. Disease Surv. (106) 5.07 0 0 68,165 68,166 68,165 Vital Statistics (180) 2.88 0 0 20,774 20,774 20,773 COM34rUNICABLE DISEASE SUBTOTAL 49.62 5,200 54,200 865,480 692,480 699,164 B. PRIMARY CARE: Chronic Disease Services (210) 3.96 180 1,200 66,110 66,109 66,110 Home Health (215) 0.00 0 0 0 0 0 W.I.C. (221) 20.73 28,000 126,000 178,28 ! 178,281 178,280 Family Planning (223) 2.31 1,015 3,045 59,169 59,168 59,168 Improved Pregnancy Outcome (225) 0.67 0 0 821 820 820 Healthy StartPrcnatal (227) 11.48 1,015 38,036 133,235 133,235 133,235 Comprehensive Child Hcalth (229) 2.22 100 300 41,489 41,489 41,489 Healthy Start Infant (231) 4.17 280 17,328 56,914 56,914 56,913 School Health (234) 7.34 0 79,975 230,000 26,362 6,500 Comprehensive Adult Health (237) 3.47 240 2,000 49,638 49,637 49,637 Dental Health (240) 0.00 0 0 0 0 0 PRINIARY CARE SUBTOTAL 56.35 30,830 267,884 815,657 612,015 592;152 C. ENVIRONMENTAL HEALTH: Private Water System (357) 1.45 172 258 15,009 15,009 15,009 Public Watcr Systcm (358) 0.68 24 4 2,336 2,336 2,336 Individual Scwagc Disp. (361) 7.00 5,004 7,068 90,235 90,235 90,235 Food Hygiene (348) 2.79 1,588 1,648 24,324 24,323 24,323 Group Care Facility (351) 1.91 497 519 14,580 14,581 14,580 Migrant Labor Camp (352) 2.33 688 808 21,907 21,907 21,907 Housing,Public Bldg Safety,Sanitation (353) 0.63 2 2 394 394 393 Mobile Home and Parks Services (354) 1.65 166 180 12,385 12,384 12,385 Swinuning Pools/Bathing (360) 5.07 1,306 3,670 57,014 57,013 57,013 Biomedical Waste Services (364) 0.62 2 2 720 720 720 Tanning Facility Services (369) 0.82 38 40 2,678 2,678 2,678 Rabies Surveillance/Conlxol Services (366) 0.00 0 0 0 0 0 Arbovirus Surveillance (367) 0.00 0 0 0 0 0 RodenffArthropod Control (368) 0.00 0 0 0 0 0 Storage Tank Compliance (355) 0.00 0 0 0 0 0 Super Act Service (356) 0.83 85 386 3,787 3,787 3,786 Occupational Health (344) 0.61 0 0 444 443 443 Consmncr Product Safety (345) 0.00 0 0 0 0 0 Emergency Medical (346) 0.00 0 0 0 0 0 Lead Monitoring Services (350) 0.62 155 155 533 533 532 2O 121,800 407,487 60,000 467,487 70,578 211,732 78,578 290,3 lC 299,249 561,677 635,322 1,196,99~ 175,713 175,713 527,138 702,85] 68,166 144,095 128,567 272,66~ 20,772 83,093 0 83,093 756,278 1,583,797 1,429,605 3,013,40~ 66,110 0 264,439 264,43~ 0 0 0 C 178,280 0 713,122 713,12; 59,169 0 236,674 236,67~ 821 0 3,282 3,28~ 133,235 0 532,940 532,94¢ 41,490 5,957 160,000 165,95~ 56,913 0 227,654 227,65, 225,000 121,966 365,896 6; 49,637 18,549 180,000 .,54! 0 0 0 ( 810,655 146,472 2,684,007 2,830,47! 15,009 0 60,036 60,03~ 2,336 0 ' 9,344 9,34~ 90,235 0 360,940 360,94~ 24,323 0 97,293 97,29: 14,580 0 58,321 58,32 21,907 628 87,000 87,62~ 393 0 1,574 1,57, 12,385 539 49,000 49,53~ 57,013 228,053 0 228,05 720 0 2,880 2,88 2~678 0 10,712 10,71 0 0 0 0 0 0 0 0 0 0 0 0 3,786 0 15,146 15,14 443 0 1,773 ~ .77 0 0 0 0 0 0 Is 2 ATTACHMENT H COLLIER COUNTY HEALTH DEPARTMENT Part HI. Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October I, 1999 to September 30, 2000 C. ENVIRONMENTAL HEALTH: Public Sewage 062) 0.66 1 Solid Waste Disposal (363) 0.00 0 Sanitary Nuisance (365) 0.85 0 Water Pollution (3'/0) 0.61 0 0 Air Pollution (371 ) 0.61 0 0 Radiological Health (372) 0.68 0 0 Toxic Substances (373) 0.61 0 0 ENVIRONMENTAL HEALTH SUBTOTAL 31.03 9,728 14,748 TOTAL CONTRACT 137.00 45.758 336,832 8 .|,027 1,027 !,026 1,026 0 4,106 4,106 0 0 0 0 0 0 0 0 0 2,647 2,647 2,646 2,646 0 10,586 10,586 207 206 207 207 0 827 827 257 256 257 257 0 1,027 1,027 1,416 1,416 1,416 1,415 0 5,663 5,663 627 627 627 627 0 2,508 2,508 252,527 252,522 252,519 252,518 229,220 780,866 1,010,086 1,933,664 1,557,017 1,543,835 1,819,451 1,959.489 4,894,478 6,853,967 2¸1 ATTACHMENT III CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights compliance Questionnaire, HRS Forms 936 A and B, if so requested by the department. The applicant assures that it will comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. o Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. o The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal assistance. ° The Omnibus Budget Reconciliation Act of 1981, P.L. 97.35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. at3cor89.doc All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 22 ATTACHMENT IV STATE FEE SCHEDULES, BY SERVICE LEVEL OF SERVICE/SERVICE: I. COMMUNICABLE DISEASE: AIDS, HIV, Alternate Site Testing II. PRIMARY CARE: $20 (optional) Estimated Annual Revenue Accruing To The CHD Trust Fund $ 597,719.0Q $ 38,535.0Q Attachment includes Pgs. 24-36 attchivg00, doc (rev. 9/14/99) 23 Attachment IV STATE BUDGET PREPARATION FISCAL YEAR 1999-2000 I00 Communicable Disease 101 Immunizations Level PROGIL4M OBJECT CODE SERVICE RX PT PAY OBJECT CODE SERVICE R.X MEDICAID OBJECT CODE SERVICE MEDICAID 10405 1056 1084 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 AMOUNT AMOUNT AMOUNT $5,119.00 $5,119.00 Summary for Program: 101 $5,119.00 102 STD PROGRAM OBJECT CODE SERVICE RX PT PAY OBJECT CODE SERVICE RX MEDICAID OBJECT CODE SERVICE MDCAID 10405 1056 1087 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY Summary. for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID - STD Summary for Object Code: 1087 AMOUNT $75.00 $75.00 AMOUNT $I ,000.00 $1,000.00 AMOUNT PROGRAM OBJECT CODE SERVICE COPIES COPIES COPIES 10403 Summary for Program: 102 103 HIV/AIDS OBJECT CODE TrrLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 $1,075.00 AMOUNT Tuesday, September 14, 1999 24 Page I of 13 .... oI OBJECT CODE SERVICE HIV RX HIV RX HIV RX HIV RX HIV RX HIV RX HIV RX 10405 OBJECT CODE SERVICE RXMEDICAID RXMEDICAID RXMEDICAID RXMEDICAID RXMEDICAID R.XMEDICAID RXMEDICAI~ RXMEDICAID I056 OBJECT CODE SERVICE MEDICAID 1080 OBJECT CODE 1084 · SERVICE MEDICAID PHYSICIAN OBJECT CODE SERVICE CASE MGT MED-PAC 1089 OBJECT CODE SERVICE ANONYMOUS(EPI) 1091 OBJECT CODE SERVICE MEDIPASS 1208 Tuesday, September 14, 1999 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE INCOME FROM MEDICAID Summary for Object Code: 1080 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 OBJECT CODE TITLE CHD INCOME FROM MEDICAID - AIDS Summary for Object Code: 1089 OBJECT CODE TITLE FEES ASS'D STATE/FED RULE COMM. DISEASE Summary for Object Code: 1091 OBJECT CODE TITLE MEDIPASS 25 AIVIOUNT AMOUNT $456,000.00 $456,000.00 AMOUNT AMOUNT $75,000.00 $75,000.00 AMOUNT $52,000.00 $52,000.00 AMOUNT $6,000.00. $6,000.00 AMOUNT I MEDIPASS PROGtL4M OBJECT CODE 10403 SERVICE COPIES COPIES COPIES OBJECT CODE SERVICE RX PT PAY RX PT PAY RX PT PAY R.X PT PAY R_X PT PAY RX PT PAY RX PT PAY 10405 OBJECT CODE SERVICE RXMEDICAID RXMEDICAID R.XMEDICAID RXMEDICAID · RXMEDICAID RXMEDICA1D RXMEDICAID 1056 OBJECT CODE SERVICE MEDICAID PHYS 1084 104 TB MEDIPASS Summary for Object Code: 1208 Summary for Program: 103 OBJECT CODE TITLE FEES FOR COPIES OF'PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summa~' for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICA1D RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 $1,000.00 $1,000.00 $590,000.00 AMOL~NT $25.00 $25.00 AMOUNT AMOUNT AMOUNT $1,500.00 $I ,500.00 Summary for Program: 104 $1,525.00 Summary for Level: 100 $597,719.00 Level 200 Primary Care PROGRAM 210 Chronic Disease OBJECT CODE 10405 SERVICE OBJECT CODE TITLE Tuesday, September 14, 1999 26 AMOUNT RX PT PAY R.X PT PAY RX PT PAY RX PT PAY R.X PT PAY RX PT PAY RX PT PAY NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDiCAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 $500.00 $500.00 g-u ~-ma~y~o r~r~r ~m :~1~- $500.00 PROGRAM 223 Family Planning OBJECT CODE SERVICE KIDSMOKINGCL KIDSMOKINGCL RX PT PAY RX PT PAY RX PT PAY KX PT PAY K.X PT PAY RX PT PAY R.X PT PAY OBJECT CODE SERVICE RXMEDICAID RXMEDICAID R.XMEDICAID RXMEDICAID RXMEDICAID RXMEDICAID RXMEDICAID 10405 1056 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 AMOUNT $6,000.00 $6,000.00 AMOUNT Summary for Program: 223 $6,000.00 225Maternal Health/IPOP PROGRAM OBJECT CODE SERVICE RX PT PAY RX PT PAY RX PT PAY 10405 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS AMOUNT Tuesday, September 14, 1999 27 RX PT PAY R_X PT PAY RX PT PAY RX PT PAY OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID 1056 NON-MEDICAID PHARMACEUTICALS N ~N-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 AMOUNT PROGRAM OBJECT CODE SERVICE RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY Summary for Program: 225 10405 227 Healthy Start Non Clinic OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 AMOUNT Summary for Program: 227 229 Comp. Child Health PROGRAM OBJECT CODE SERVICE COPIES COPIES COPIES 10403 OBJECT CODE 10405 SERVICE RX PT PAY RX PT PAY RX PT PAY RX PT PAY Tuesday, September 14, 1999 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-M EDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS 28 AMOUNT AMOUNT RX PT PAY RX PT PAY RX PT PAY OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID OBJECT CODE SERVICE CLD SC EPSDT OBJECT CODE SERVICE CHILD HEALTH MED OBJECT CODE SERVICE MEDIPASS 1056 1081 1084 1208 NON-MEDICAID PHARMACEUTICALS 1,..)N-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-EPSDT Summary for Object Code: 1081 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 OBJECT CODE TITLE MEDIPASS Summary for Object Code: 1208 $30,000.00 $30,000.00 AMOUNT AMOUNT AMOUNT AMOUNT Summary for Program: 229 $30,000.00 237 Adult Health PROGR.4M OBJECT CODE SERVICE FEES FOR COPIES 10403 OBJECT CODE SERVICE RX PT PAT RX PT PAT 10405 OBJECT CODE SERVICE RX MEDICAID 1056 Tuesday, September 14, i 999 OBJECT CODE TFFLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY 29 AMOUNT $1,975.00 $1,975.00 AMOUNT AMOUNT RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID R_X MEDICAID RX MEDICAID OBJECT CODE SERVICE PT CARE MEDICAID OBJECT CODE SERVICE RETURN CHECKS 1084 12021 MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary forObject Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary for Object Code: 1084 OBJECT CODE TITLE RETURNED CHECK SERVICE CHARGE Summary for Object Code: 12021 AMOUNT AMOUNT $60.00 $60.00 Summary for Program: 237 $2,035.00 240 Dental PROGRAM OBJECT CODE SERVICE R.X MEDICAID RX MEDICAID RX MEDICAID R.X MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID 1056 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary' for Object Code: 1056 AMOUNT SummaD' for Program: 240 Summar3' for Level: 200 $38,535.00 Level 300 PROGRAM OBJECT CODE 1092 SERVICE 12.(50) Plan Review 13.(04) Food Worker Training 14.(53) Request for Inspection 15.(51 ) Reinspection (after the first reinspection) 16.(52) Late Renewal 17.(03) Alcoholic Beverage Inspection Approval Environmental Health 348 Food Hygiene OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH AMOUNT $1,085.00 $40.00 $90.00 Tuesday, September 14, 1999 3O Page 7 of 13 17.(03) Alcoholic Beverage Inspection Approval OBJECT CODE 1132 SERVICE 1.(E) Annual Permit for Fraternal/Civic 1.(E) Annual Permit for Fraternal/Civic 10.(N) Annual Permit for Limited Food Service 11.(L) Annual Permit Other Food Service 2.(H) Annual Permit School Cafeteria Operating 3.(M) Annual Permit School Cafeteria Operating 4. (B) Annual Permit for Hospilal/Nursing Food S 5.(G) Annual Permit for Movie Theaters 6.(C) Annual Permit for Jails/Prisons 7.(D) Annual Permit for Bars/Lounges (Drink Ser 8.(J) Annual Permit for Residential Facilities 9.(K) Annual Permit for Child Care Centers FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summa~' for Object Code: 105 2 $1,215.00 OBJECT CODE TITLE FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT Summary for Object Code: ! 132 AMOUNT $1,296.00 $1,377.00 $2,016.00 $4,329.00 $2,835.00 $432.00 $756.00 $1,584.00 $1,148.00 $15,773.00 ................... §U ~ma~y~f~r ~'-r ogr a m: ~4~ ....... $~6,9~88.--00- PROGRAM 351 Group Care Facilities OBJECT CODE 1092 SERVICE OBJECT CODE TITLE AMOUNT PLAN REVIEW FEES ASS'D STATE/TED RULE-ENVIRON HEALTH $360.00 SANIT INSP FEES ASS'D STATE/FED RULE-ENVIRON HEALTH $400.00 ' Summary for Object Code: 1092 $760.00 Summary for Program: 351 PROGRAM 352 Migrant Labor Camp OBJECT CODE 1092 SERVICE Plan Review Plan Review OBJECT CODE 1 ] 39 SERVICE A. Annual permit for facilities with 5-50 occupa A. Annual permit for facilities with 5-50 occupa B. Annual permit for facilities with 51-100 occu C. Annual permit for facilities with over 100 otc C. Annual permit for facilities with over 100 otc $760.00 OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 AMOUNT OBJECT CODE TITLE MIGRANT HOUSING PERMIT MIGRANT HOUS1NG PERMIT MIGRANT HOUSING PERM1T MIGRANT HOUSING PERMIT MIGRANT HOUSING PERMIT Summary for Object Code: 1139 AMOUNT $6,625.00 $1,125.00 $500.00 $8,250.00 Tuesday, September 14, 1999 31 Summary for Program: 352 $8,250.00 Mobile Home Parks PROGRAM OBJECT CODE SERVICE CODE XEROX COMP PRINTOUT OBJECT CODE SERVICE 1. Annual permit I. Annual permit I. Annual permit 2. Annual permit 3. Annual permit REINSPECTION REINSPECTION REINSPECTION 354 10403 1113 for 5 to 14 spaces for 5 to 14 spaces £or 5 to 14 spaces for 15 to 171 spaces /'or 172 and above spaces OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & MOBILE HOME & MOBILE HOME & MOBILE HOME & MOBILE HOME & MOBILE HOME & RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILE PARK Summary for Object Code: 1113 AMOUNT AMOUNT $945.00 $8,286.00 $9,180.00 $18,411.00 Summary for Program: 354 $18,411.00 356Super Act Services PROGRAM OBJECT CODE SERVICE Bact. Sample 1092 OBJECT CODE 15121 SERVICE SUPER ACT TRANSFERS OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH ' Summary for Object Code: 1092 OBJECT CODE TITLE SUPER ACT REIMBURSEMENTS (CHD) Summary for Object Code: 15121 AMOUNT AMOUNT $20,000.00 $20,000.00 Summary for Program: 356 $20,000.00 Private Water Systems PROGRAM 357 OBJECT CODE 1092 SERVICE I0. Limited Use Commercial Registered System 11. Limited Use Commercial Public Water Syste 7. Reinspection of Private Water System 8. Reinspection of Public Water System 9. Delineated Area Clearance Fee OBJECT CODE 1142 SERVICE Tuesday, September 14, 1999 OBJECT CODE TITLE FEES ASS'D STATE./FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATF_dFED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 OBJECT CODE TITLE 32 AMOUNT $60.00 $60.00 AMOUNT Page 9 of 13 i SEP 8 I BB I Bacterial Sample Collection Chemical Sample Collection Combined Chemical microbiological Delineated Area OBJECT CODE 1165 SERVICE 4. Private Water Construction Permit - serving 3 4. Private Water Construction Permit - serving 3 OBJECT CODE 1166 SERVICE 1 .(A) First Year Public Water Annual Operation 2. Second Year Public Water Annual Operation 2. Second Year Public Water Annual Operation 3. Public Water Construction Permit - Limited 3. Public Water Construction Permit - Limited 5. Initial Operating Permit Fee After March 31 o NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE Summary for Object Code: 1142 OBJECT CODE TITLE PRIVATE WATER CONSTRUCTION PERMIT PRIVATE WATER CONSTRUCTION PERMIT Summary for Object Code: 1165 OBJECT CODE TITLE PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT Summary for Object Code: ! 166 Summary for Program: 357 $16,000.00 $10,100.00 $26,100.00 AMOUNT AMOUNT $26,160.00 PROGRAM OBJECT CODE SERVICE Bact. Sample 1142 358 Public Drinking Water Systems OBJECT CODE TITLE NON SDWA LAB SAMPLE Summary for Object Code: 1142 AMOUNT $6,894.00 $6,894.00 Summary. for Program: 358 $6,894.00 360Swimming Pool Program ' PROGRAM OBJECT CODE SERVICE COMP PRINTOUT 10403 OBJECT CODE 1092 SERVICE MODIFICATION MODIFICATION MODIFICATION PLAN REVIEW PLAN REVIEW PLAN REVIEW Plan Review (new constr.) Tuesday, September 14, 1999 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATF_ffFED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE./FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH 33 AMOUNT AMOUNT $19,000.00 Plan Review (new consly.) Plan Review (new constr.) OBJECT CODE 1145 SERVICE A. Annual Permit - Up to (and including) 25,000 A. Annual Permit - Up to (and including) 25,000 A. Annual Permit - Up to (and including) 25,000 B. More than 25,000 gallons i. initial operating permit i. Initial operating permit I. Initial operating permit X. Exempted Condo Pools (over 32 units) FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summa~' for Object Code: 1092 OBJECT CODE TITLE SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SummaD' for Object Code: 1148 $19,000.00 AMOUNT $36,112.00 $86,400.00 $122,512.00 PROGRAM OBJECT CODE 10403 SERVICE Copies OBJECT CODE 1092 SERVICE 1 .(AF) Application for permitting of an onsite se Summary for Program: 360 $141,512.00 361Septic Tank Fees OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summary for Object Code: 10403 AMOUNT OBJECT CODE TITLE FEES ASS'D STATEffED RULE-ENVIRON HEALTH AMOUNT $34,845.00 10.(RN)Reinspection fee per visit for site inspecti II.(RN) Installation reinspection ofnon-complia 12.(PA) System abandonment permit, includes p . 13.(OP) Annual operating permit fee for systems 14.(AM) Amendments or changes to the operatin 15.(OA) Aerobic treatment un it operating permit 16.(TM) Tank manufacturer's inspection per ann 17.(SP) Septage disposal service permit per annu 18.(VI) Additional charge per pumpout vehicle 19.(SP) Portable or temporary toilet service perm 2.(EN) Site evaluation for a new system 20.(VI) Additional charge per pumpout vehicle 21.(SS) Septage stabilization facility inspection f 22.(SD) Septage disposal site evaluation fee per 23. Aerobic treatment unit maintenance entity pe 3. (ER) Site evaluation for a system repair 4.(RE) Site re-evaluation, new or repair Tuesday, September 14, 1999 FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE./FED RULE-ENVIRON FEES ASS'D STATE/FED RULE-ENVIRON FEES ASS'D STATE/FED RULE-ENVIRON FEES ASS'D STATE/FED RULE-ENVIRON FEES ASS'D STATE?FED RULE-ENVIRON FEES ASS'D STATEJFED RULE-ENVIRON FEES ASS'D STATE/FED RULE-ENVIRON FEES ASS'D STATE/FED RULE-ENVIRON FEES ASS'D STATEdFED RULE-ENVIRON FEES ASS'D STATE/FED RULE-ENVIRON FEES ASS'D STATE/FED RULE-ENVIRON FEES ASS'D STATEJFED RULE-ENVIRON HEALTH HEALTH HEALTH HEALTH HEALTH HEALTH HEALTH HEALTH HEALTH HEALTH HEALTH HEALTH 34 $27,025.00 $12,880.00 $920.00 $828.00 $2,346.00 $100.00 $276.00 $115.00 $184.00 $276.00 $23.00 $276.00 $23.00 $12,512.00 $1,840.00 i 5.(PN)Permit for new systems,including standard 6.(IN)New system installation inspection 8. (PR) Repair permit issuance which includes ins 9.(IE) Inspection of system previously in use Installation inspection for new performance Performance Based Syst. Appl Permit for new performance-based treat Reinspection fee visit for site insp. OBJECT CODE 1135 SERVICE 24.(VR) Variance application for a single family 25.(VC) Variance application for a multi-family PROGRAM OBJECT CODE SERVICE 3. Late fee 1092 OBJECT CODE 1144 SERVICE 1. Annual license fee 2. Fee for each additional device FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATEYFED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATEfFED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 $59,455.00 $59,455.00 $14,076.00 $920.00 $69.00 $115.00 $115.00 $23.00 $228,697.00 OBJECT CODE TITLE AMOUNT OSDS VARIANCE FEE $300.00 OSDS VARIANCE FEE Summary for Object Code: 1135 $300.00 ..... ~U ~ m~-ry for-P~'~r~ :-~6]- ........ $~8,997.00 369 Tanning Facilities OBJECT CODE TITLE FEES ASS'D STATEYFED RULE-ENVIRON HEALTH Summary for Object Code: 1092 OBJECT CODE TITLE TANNING FACILITIES TANNING FACILITIES Summary for Object Code: 1144 AMOUNT AMOUNT $2,025.00 $990.00 $3,015.00 Summary for Program: 369 $3,015.00 Summary for Level: 300 $470,987.00 Level 900 PROGRAM OBJECT CODE ! 113 SERVICE 1 a. Transfer to headquarters 2a. Transfer to headquarters 3a. Transfer to headquarters OBJECT CODE 1132 SERVICE 10a. Transfer to headquarters I la. Transfer to headquarters la. Transfer to headquarters Tuesday, September 14, 1999 TFaFIsf~F Surcharge OBJECT CODE TITLE MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILE PARK Summary for Object Code: 1113 OBJECT CODE TITLE FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT 35 AMOUNT AMOUNT SEP 2 a 1999 2a. Transfer to headquarters 3a. Transfer to headquarters 4a. Transfer to headquarters 5a. Transfer to headquarters 6a. Transfer to headquarters 7a. Transfer to headquarters Sa. Transfer to headquarters 9a. Transfer to headquarters OI~IECT CODE 1144 SERVICE la. Transfer to headquarters OBJECT CODE 1165 SERVICE 4a. Transfer to headquarters 4a. Transfer to headquarters OBJECT CODE 1166 SERVICE 1 a. Transfer to headquarters 2a. Transfer to headquarters 2a. Transfer to headquarters 3a. Transfer to headquarters 5a. Transfer to headquarters FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGlENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT Summary for Object Code: 1132 OBJECT CODE TITLE TANNING FACILITIES Summary for Object Code: 1144 OBJECT CODE TITLE PRIVATE WATER CONSTRUCTION PERMIT PRIVATE WATER CONSTRUCTION PERMIT Summary for Object Code: 1165 OBJECT CODE TITLE PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT Summary for Object Code: 1166 AMOUNT AMOUNT AMOUNT Summary for Program: 910 Summary for Level: 900 Grand Total $1,107,241.00 Tuesday, September 14, 1999 36 5 ATTACHMENT V COUNTY FEE SCHEDULES, BY SERVICE LEVEL OF SERVICE/SERVICE: I. COMMUNICABLE DISEASE: Estimated Annual Revenue Accruing To The C~D Trust Fund II. PRIMARY CARE: $ 128;944.00 III. ENVIRONMENTAL ~EALT~: $ 211~800.00 Attachment includes Pgs. 38-42 ~gitl~p2~aJ_ $ 215,@00.00 Total County Fees $ 556:544.00 attchvg00.doc (rev. 9/14/99) 37 j s£P ~ ~S ! Attachment V COUNTY BUDGET PREPARATION FISCAL YEAR 1999-2000 100 Communicable Disease 101 Immunizations PROGRAM OBJECT CODE SERVICE FLU MEDICARE MEDICARE MEDICARE PNEUMO 1090 OBJECT CODE 1093 SERVICE FLU PT PAY HEP B PT PAY 90746 IMM IMMUNIZATION MERCK GRANT PNEUMOVAX PT PAY PT PAY ON ACCT OBJECT CODE SERVICE BCC 8034 OBJECT CODE TITLE INCOME FROM MEDICARE INCOME FROM MEDICARE INCOME FROM MEDlCARE Summary for Object Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. D1SEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN DISEAS Summary for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 AMOUNT $31,295.00 $10,794.00 $42,089.00 AMOUNT $44,718.00 $3,540.00 $197.00 $48,455.00 AMOUNT Summar3' for Program: 101 $90,544.00 102 STD PROGRAM OBJECT CODE SERVICE PT PAY PT PAY ON ACCT OBJECT CODE SERVICE GRNT CNTY COMM 1093 8034 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 AMOUNT $150.00 $100.00 $250.00 AMOUNT Summary for Program: 102 $250.00 - 103 HIWAIDS PROGRAM OILIECT CODE SERVICE MEDICARE-AIDS 1090 Tuesday, September 14, 1999 OBJECT CODE TITLE INCOME FROM MEDICARE 38 AMOUNT $13,000.00 OBJECT CODE SERVICE 501 TRNG CURRENT PT PAY CURRENT PT PAY CURRENT PT PAY HIV PP ON ACCT. PROBATION CLASS PROBATION CLASS PROBATION CLASS OBJECT CODE SERVICE CTYCOM M GI~NT 1093 8034 Summary for Object Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY.ORDIN-COMMUN DISEAS FEES ASS'D CouNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 $13,000.00 AMOUNT $3,000.00 $1,000.00 $4,000.00 AMOUNT Summary for Program: 103 $17,000.00 PROGRAM OBJECT CODE SERVICE TB MEDICARE OBJECT CODE SERVICE PT PAY PT PAY PT PAY PT PAY ON ACCT OBJECT CODE SERVICE GRNT CNTY COMM 1090 1093 8034 104 TB OBJECT CODE TITLE INCOME FROM MEDICARE Summary for Object Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 AMOUNT $1,000.00 $1,000.00 AMOUNT $7,000.00 $150.00 $7,150.00 AMOUNT Summary for Program: 104 $8,150.00 106Communicable Disease Surveilance PROGRAM OBJECT CODE SERVICE GRNT CNTY COMM 8034 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 AMOUNT Summary for Program: 106 Tuesday, September 14, 1999 39 PROGRAM OBJECT CODE SERVICE B R CARD OBJECT CODE SERVICE BIRTH CERT OBJECT CODE SERVICE DEATH CERT OBJECT CODE SERVICE OUT OF COUNTY OBJECT CODE SERVICE ADMIN FEE 1060 1114 1115 1116 1117 180 Vital Statistics OBJECT CODE TITLE FEES FROM VITAL STATISTICS Summary for Object Code: 1060 OBJECT CODE TITLE VITAL STATS - NEW BIRTH CERTIFICATE Summary for Object Code: 1114 OBJECT CODE TITLE VITAL STATS - DEATH CERTIFICATE Summary for Object Code: 1115 OBJECT CODE TITLE VITAL STATS - COMPUTER ACCESS FEE Summao' for Object Code: 1116 OBJECT CODE TITLE VITAL STATS OR CHD - ADMIN FEE $.50 Summary forObject Code: 1117 AMOUNT $7,000.00 $7,000.00 AMOUNT $25,000.00 $25,000.00 AMOUNT $155,000.00 $155,000.00 AMOUNT $2,000~00 $2,000.00 AMOUNT $3,000.00 $3,000.00 Summary for Program: 180 $192,000.00 Summary for Level: 100 $307,944.00 Level 200 Primary Care PROGRAM 210 Chronic Disease OBJECT CODE 1077 SERVICE CHOLESTEROL KIDSMOKINGCL OBJECT CODE SERVICE CHOLESTEROL SMOKING CESS 1090 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 OBJECT CODE TITLE INCOME FROM MEDICARE INCOME FROM MEDICARE Summary for Object Code: 1090 AMOUNT AMOUNT Summary for Program: 210 223 Family Planning PROGRAM OBJECT CODE SERVICE PT PAY 1077 Tuesday, September 14, 1999 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY AMOUNT PT PAY FEES ASSESSED COUNTY ORDINANCE-PRIMARY $500.00 PT PAY ON ACCT. FEES ASSL 'SED COUNTY ORDINANCE-PRIMARY PT PAY ON ACCT. FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 $500.00 Summary for Program: 223 $500.00 PR 0 GPA M OBJECT CODE SERVICE FEES 1077 225 Maternal Health/IPOP OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 AMOUNT $4,000.00 $4,000.00 Summary for Program: 225 $4,000.00 PROGRAM 229 Comp. Child Health OBJECT CODE SERVICE CAR SEAT ]004 1077 OBJECT CODE SERVICE PT PAY PT PAY ON ACCT OBJECT CODE TITLE INSPECT/CHILD CAR SEAT PROGRAM FEE Summary for Object Code: 1004 AMOUNT $600.00 $600.00 OBJECT CODE TITLE AMOUNT FEES ASSESSED COUNTY ORDINANCE-PRIMARY $1,800.00 FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 $1,800.00 Summary for Program: 229 $2,400.00 PROGRAM OBJECT CODE SERVICE FEES OBJECT CODE SER~qCE GRANT CNTY COMM 1077 8034 234 School Health OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 OI~ECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 AMOUNT AMOUNT Summary for Program: 234 237 Adult Health PROGRAM OBJECT CODE SERVICE PT PAY PAY ON ACCT 1077 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 AMOUNT $25,000.00 $900.00 $25,900.00 Summary for Program: 237 $25,900.00 Tuesday, September 14, 1999 41 PROGRAM OBJECT CODE SERVICE PT PAY ON ACCT 1077 240 Dental OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 AMOUNT Summary for Program: 240 Summary for Level: 200 $32,800.00 Level PROGRAM OBJECT CODE SERVICE WATER CERTIF WATER CERTIF 300 1094 Environmental Health 35 7 Private Water Systents OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH Summary for Object Code: 1094 AMOUNT $7,800.00 $7,800.00 Summary for Program: 357 $7,800.00 PROGRAM 360 Swimming Pool Program OBJECT CODE SERVICE B.Swimming P.Training B.Swimming P.Training B.Swimming P.Training C. SP Comp. Training D Bact. Samples Owner 1094 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH Summary for Object Code: 1094 AMOI.~T $2,000.00 $206,000.00 $208,000.00 Summary for Program: 360 $208,000.00 Summary for Level: 300 $215,800.00 Grand Total $556,544.00 Tuesday, September 14, 1999 42 ATTACHMENT VI FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description COLLIER COUNTY HEALTH & PUBLIC SERVICES-BUILDING H CHD/ENVIRONMENTAL HEALTH CO-LOCATION WITH DEVELOPMENT SERVICES IMMOKALEE SATELLITE Bo Clinical Services Health Services Facility General Public Health Services Triple Wide Mobile Office Unit Location Owned By 3301 East Tamiami Trail Building H, Naples Collier County 2800 North Horseshoe Drive Collier County Naples 419 North First Street Immokalee Collier County Collier County Collier County _tchVI89. doc 43 ATTACHMENT VII DESCRIPTION OF USE OF CHD TRUST FUND BALANCES FOR SPECIAL PROJECTS, IF APPLICABLE (From Attachment II, Part I) DESCRIPTION Special CONTRACTS (Please list separately) Special contracts are contracts for services for which there are no comparable services in the county health department core programs; no service codes in Departmental coding manuals; projects that are locally designed and have no standard statewide set of services and therefore cannot be accounted for within existing county health department programs. These contracts are coded to SALVIAS Level 599 and include some contracts formerly handled at the district offices such as Epilepsy, colposcopy, Project WARM, community planning and special family planning and teen mother projects. .Healthy Kids: $305,000 of funding from Isabel Collier Read and Cleveland Clinic .~) shall be received. The Health Department shall administer the funds for the provision of the Healthy Kids Corporation in Collier County. This funding is not from or to affect the Health Department Trust Fund. Therefore, this is not delineated on Attachment II, Part I. Florida Gulf Coast University: $ 27,400.00 for Management Consultation Services. Management Consultation Services: Comprehensive evaluation of current management and organization structure and climate in accordance with "Qualitative and Quantitative Research Analysis of Collier County Health Department" proposal. attch7900.doc {rev. 9/14/99) ATTACHMENT VIII TO STANDARD CONTRACT BETWEEN COLLIER BOARD OF COUNTY COMMISSIONERS This attachment adds the following language: The CHD is a state agency or subdivision, as defined in section 768.28, Florida statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CHI) to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The CHD agrees that it is an independent contractor and not an employee of the County. Atthviii89cor.rff. doc 45 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR THE UNITED WAY OF COLLIER COUNTY CAMPAIGN ACTIVITIES.. OBJECTIVE: To approve the expenditure of funds not to exceed a total of $1,500 to cover the cost of activities associated with and incentive prizes for participants in the United Way of Collier County Campaign for FY 2000. CONSIDERATIONS: The Board of County Commissioners is authorized by law to determine when the expenditure of public funds is for valid and proper County purposes. County employees are encouraged by Management to support and participate in the United Way Campaign activities. The event serves to boost employees' morale while contributing to an important community event. Last year, County employees raised over $23,000 in support of the Campaign. It is our goal to substantially increase this amount for the -2000 Campaign. Outstanding efforts by employees are to be recognized with incentive prizes including but not limited to t-shirts, mugs, pins, plastic water bottles, plaques, trophies, food and beverages. In the attached resolution, the Board declares a valid public purpose for these expenditures. FISCAL IMPACT:. Funds have been budgeted in Support Services Administration's budget in the amount of $1,500 to cover campaign expenditures. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Collier County Board of Commissioners adopt the attached Resolution authorizing expenditure of funds not to exceed $1,500 for the "United Way of Collier County Campaign 2000 activities and approve any associated budget amendments. Prepared by: '~, ~L Date: 'Kal~y/l~/~LJa~ -l~xect~tive~cretary Approved by: '~ ~ '~,~.:' ~ ~'~"-'~ Date: Leo E. Ochs, Jr~" rt Services Administrator no. $£P 2 8 1999 RESOLUTION NO. 99- A RESOLUTION APPROVING THE EXPENDITURE OF FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES ASSOCIATED WITH COUNTY STAFF PARTICIPATION IN TI-IE UNITED WAY CAMPAIGN AS SERVING A VALID PUBLIC PURPOSE. WHEREAS, the Collier County Board of County Commissioners has legal authority 9 to adopt a resolution authorizing the expenditure of County funds for valid and proper 10 public purposes; and 11 WHEREAS, the Board of County Commissioners recognizes the worthwhile goals 12 of the United Way of Collier County and the positive effects participation in the United Way 13 of Collier County Campaign has on County employees. 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the expenditure of funds 16 not to exceed $1,500.00 for activities associated with the United Way Campaign of 2000 is 17 hereby found by the Board to serve a valid public purpose and is approved. The specific 18 expenditures approved are: incentive prizes including but not limited to: T-shirts, mugs, 19 pins, plastic water bottles, plaques, trophies, food, beverages, and incidental supplies for 20 serving a light snack for employees participating in the United Way Campaign. 21 This Resolution adopted after motion, second, and majority vote. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Dated: BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA Attest: DWIGHT E. BROCK, CLERK By By: PAMELA S. MAC'KIE, CH.MRWOMAN Approved as to. form and legal sufficien : ' ~:a("~D~id~. Weigel ~- County Attorney SEP 2 8 1999 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH INSURANCE AND RISK MANAGEMENT SERVICES, INC. FOR PROPERTY AND CASUALTY INSURANCE BROKERAGE SERVICES. OBJECTIVE: To receive approval of an agreement with Insurance and Risk Management Services for Property and Casualty insurance brokerage services. CONSIDERATIONS: In May 1999, the Board approved the award of RFP# 99-2907 to Insurance and Risk Management Services, Inc. This RFP calls for IRMS to provide property and casualty insurance related brokerage and contracting services to the county on a flat fee basis. These services include the procurement of property, liability, workers compensation, automobile and other insurance coverages on a net of commission basis. The contract also calls for the provision of insurance consulting services as relates to general insurance and contractual matters. The agreement has been reviewed and executed by IRMS and approved for legal sufficiency by the County Attorney's Office and is submitted for approval. The contract calls for the contractor to be paid a flat fee for services provided as opposed to a commission. In FY 2000, the fees paid to IRMS will total $90,499. This compares to $110,000 in FY 99. This is a saving of $19,501. Savings over the term of the agreement when compared to the previous agreement total over $100,000. The contract commences October 1, 1999 and continues through December 31, 2002. The Board shall have the option at the end of the term of the agreement to renew it for two additional one-year periods. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT; Funds in the amount of $90,499 are budgeted in the Property and Casualty Self-Insurance Fund for these services. RECOMMENDATION: It is recommended that the Board approve the proposed agreement with Insurance and Risk Management Services, Inc. authorizing the Chairwoman to execute the agreement on behalf of the Board of Commissioners. PREPARED BY: .~'~'/-",.2/~'~'~'~--'- DATE: ~'//~"~ JE'~'~Valker, CPCU, ARM, Risk Management Director PREPARED BY:. ~'A?~{,,~ ~F ~,4,~, b,~/~'" DATE: Ct I-`LO [c/~ Stev~Iarnell, l~'~r'chasing mad G~neral Services Director REVIEWED BY: ' -, ' DATE: Ochs, Jr., S ,u,p/port Services Administrator Leo E. AGENDA ITEM SEP 28 1999 Pg. [ CONTRACT BETWEEN COLLIER COUNTY GOVERNMENT AND INSURANCE AND RISK MANAGEMENT SERVICES, INC. RFP #99-2907 This CONTRACT is entered into on October 1, 1999, between Collier COUNTY Government, 3301 East Tarniami Trail, Naples, Florida, a public corporation of the State of Florida (COUNTY), and INSURANCE AND RISK MANAGEMENT SERVICES, INC., 3200 Bailey Lane, Naples, FL 34105-8506 (CONTRACTOR). WITNESSETH WHEREAS, the COUNTY is empowered to enter into contractual arrangements with public agencies, private corporations or other persons pursuant to Florida Statutes; and WHEREAS, the COUNTY desires the professional services of a Property and Casualty Insurance Broker to implement a project entitled "Property and Casualty Insurance Brokerage Services"; and WHEREAS, the CONTRACTOR represents that it possesses the required skills, knowledge, expertise and resources and is capable of providing the desired services within the time frame and parameters required by the COUNTY; and WHEREAS, the COUNTY has found the CONTRACTOR'S expertise and resources to be acceptable and wishes to enter into a CONTRACT with the CONTRACTOR; NOW, THEREFORE, in consideration of the benefits flowing fi'om each to the other, the parties agree to the following: 1. CONTRACT TERM AND TERMINATION. Unless extended or terminated, the period of performance of this CONTRACT shall commence on October 1, 1999 and continue for a period of thirty-nine (39) months, terminating on December 31, 2002. The COUNTY may, at its option, renew this CONTRACT for two (2) additional one-year periods. The COUNTY may terminate this contract by providing 60 days written notice to the CONTRACTOR of such intent to terminate. The CONTRACTOR may terminate this CONTRACT for any reason by providing 90 days written notice to the COUNTY of its intent to terminate the agreement. SEP 2 8 1999 2. FEES. As full consideration for providing the goods and services required by this CONTRACT, the COUNTY shall pay the CONTRACTOR the amounts shown in the FEE SCHEDULE hereinafter stated in this CONTRACT. It is agreed between the COUNTY and the CONTRACTOR that the scheduled fee shall be billed on a monthly installment for the term of the Agreement beginning with the first payment payable on October 31, 1999. All insurance coverages purchased by the COUNTY under this CONTRACT shall be purchased net of commission and the CONTRACTOR shall not accept a commission unless an insurance company has a legal requirement to pay the CONTRACTOR a commission for a line or lines of insurance purchased by the COUNTY. If that situation occurs, the CONTRACTOR shall accept the smallest amount of commission available fi.om the insurance company and shall fully disclose the amount of commission to the COUNTY. If an insurance company pays a commission to the CONTRACTOR, the parties agree that the scheduled fee shall be reduced by the amount of the commission paid to the CONTRACTOR. The CONTRACTOR shall be required to provide either annually or on a scheduled payment basis, an appropriate commission statement as proof that commissions were not paid. The acceptance of a commission that is not in compliance with the provisions of this paragraph shall be considered a violation of the agreement and may be grounds for termination of this CONTRACT. FEE SCHEDULE Month 1999 2000 2001 2002 January $3,750 $2,900 $2,900 February $3,750 $2,900 $2,900 March $3,750 $2,900 $2,900 April $3,750 $2,900 $2,900 May $3,750 $2,900 $2,900 June $7,000 $5,400 $5,400 July $16,583 $12,967 $12,967 August $16,583 $12,967 $12,967 September $16,583 $12,967 $12,967 October $5,000 $7,000 $5,400 $5,400 November $5,000 $3,750 $2,900 $2,900 December $ 5,000 $3,750 $2,900 $2,900 Total $15,000 $89,999 $70,001 $70,001 3. SCOPE OF SERVICES. It is understood that the CONTRACTOR shall perform the following services: A) Every three years, the CONTRACTOR shall solicit insurance coverage proposals fi.om interested markets. The purpose of this project shall be to evaluate and recommend the most effective risk-financing program in terms of protection and cost. It is the intent of the county to review various risk financing strategies including programs which encompass the county's current risk financing arrangement and may include first dollar, self insured retention, large deductible, loss sensitive programs or other programs which would be appropriate for review. The CONTRACTOR in conjunction with the Risk Management staff shall develo' a project -- - AGENO~ SEP 2 8 1999 marketing strategy; prepare a project schedule; present underwriting information to carriers and other appropriate parties; present proposals to the Risk Management Director; enter into final negotiations; and implement the program(s) with all of the appropriate parties. This project is to be implemented at the October 1, 2000 renewal. The final program shall be presented to the Risk Management Director no later than 30 days prior to this date unless conditions beyond the control of the CONTRACTOR prevent such presentation. The county reserves the right to alter this three year schedule, depending upon market conditions or any other factors to include direction by senior management or direction by the Board of Commissioners. If such alteration of the timeframe takes place, both the COUNTY and CONTRACTOR shall have the right to amend the FEE SCHEDULE portion of this CONTRACT, subject to the final approval of both parties. B) For years other than that found in paragraph 3(A) above, the CONTRACTOR shall develop a project schedule; present underwriting information to carriers and other appropriate parties; present proposals to the Risk Management Director; enter into final negotiations; and implement the program(s) with all of the appropriate parties. The final program shall be presented to the Risk Management Director no later than 30 days prior to renewal unless conditions beyond the control of the CONTRACTOR prevent such presentation. C) Assist the Risk Management staff in the development and maintenance of premium allocation systems, which may include experience rated systems. D) Assist Risk Management staff in the development and maintenance of contractual insurance standards and provide advice as to the appropriate types, terms and levels of coverage necessary for proposed county contracts, as needed. E) If directed, request proposals from interested third party administrators, evaluate these proposals, participate in interviews, and make a recommendation for selection to the Risk Management Director; coordinate the approval of selected third party administrators with the appropriate excess carrier(s); maintain frequent contact with claims personnel so as to follow the progress of claims management activities; remain abreast of loss development; resolve problems/conflicts regarding claims administration issues; and negotiate fees. F) Review accounting data received from carriers to assess accuracy and initiate billing activity; resolve accounting differences or discrepancies. G) Issue binders and insurance certificates of coverage on behalf of the county; request endorsements from carriers and issue identification cards for automobile insurance. H) Analyze insurance market trends; assess the county's insurance program and its current financial trends and report each January the affect that these trends will have on pricing, coverage availability, and allocated budgetary costs. S£P 2 8 1999 I) Assist the Risk Management Department in the audit of Workers' Compensation classification coding. J) Provide up to 16 hours of training services to county staffper year on insurance and risk management topics, as needed. K) Provide consulting advice regarding the selection of a Risk Management Information System to include desirable program characteristics and potential vendors, if requested. This does not include the preparation of an RFP or the evaluation of proposals; however, the cost of this service may be negotiated separately, if requested by thc county. L) Coordinate an annual actuarial evaluation of the program to determine funding requirements; seek written quotations when directed and recommend a vendor; gather and disseminate loss and other relevant data to the actuary; review the draft report; request changes as needed and forward the final report to the Risk Management Director. This final actuarial report is to be completed by December 15th of each year for the previous fiscal year ended September 30'~. M) Provide routine verbal consulting advice on safety and loss control matters as they relate to the county's risk management program and provide up to 20 hours of on site consulting work. Additional on site inspections, written programs and training programs are not included within the scope of services but may be negotiated for an additional fee. Nothing contained within this paragraph shall be construed to prevent the COUNTY fi.om contracting with other loss control vendors for similar services. N) Provide consulting advice regarding the potential for utilizing ne~v and/or emerging risk financing programs. O) Provide an annual schedule of all insurance in force as of each October 1, showing expiration dates, net and gross annual premiums, limits and deductible/retentions. P) When requested, coordinate notice of claims and/or losses to underwriters and carriers and shall also make inquiries and petitions on behalf of the COUNTY to carriers as may be appropriate. Perform an annual review of losses that exceed the excess retention level and inquire and provide assistance with recoveries. Q) Obtain answers from underwriters to policy coverage questions as requested. R) Review certain contracts, leases and agreements for insm:ance requirements, coverage interpretations and other risk management issues as requested. S) Coordinate the timely issuance of all policies and endorsements and submit originals to the Risk Management Director. 4 SEP 2 8..1999 T) Where possible, provide to the COUNTY premium invoices at least twenty-one (21) days prior to the payment due date in accordance with the payment terms required of the CONTRACTOR by the insurance carrier. 4. SCOPE OF COVERAGES TO BE PROVIDED- The scope of coverages to included in this CONTRACT and serviced by the CONTRACTOR shall be as follows: Property Insurance (Including) Real and Personal Property Extra Expense Business Interruption Valuable Papers Crime Computer (EDP Hardware & Software) Contractors Equipment Automobile Insurance (Including) Liability Physical Damage Uninsured Motorists Personal Injury Protection Medical Payments General Liability Insurance Public Officials Liability Insurance Accidental Death & Dismemberment (Statutory) Boiler & Machinery Public Officials Bonds Difference In Conditions Flood Environmental Impairment Liability (Pollution) Law Enforcement Liability Workers' Compensation and Employer's Liability Insurance Workers' Compensation Claims Administration Services Workers' Compensation Managed Care Programs Property and Liability Claims Administration Services Safety and Loss Control Services Builder's Risk Medical Malpractice Insurance 5. AGENT OF RECORD AND RIGHT TO ASSIGN MARKETS. It is understood between the parties to this CONTRACT that the CONTRACTOR is designated as the agent of record in its representation of the COUNTY to insurance underwr/ters or other intermediaries. However, the COUNTY, through its Project Manager, shall have the right to assign a market or markets to another broker if: a) The CONTRACTOR does not have access to a program or market and where there may be a substantial benefit to the COUNTY in seeking a proposal fi.om such program or market. b) It is determined that there are specialty programs available to the COUNTY but unavailable through CONTRACTOR, or where another broker possesses a greater level of experience, expertise, access, ability, or resources in a specialty area. In such instance(s), CONTRACTOR shall provide consultation and advice to the COUNTY in the review and analysis of the assigned market's final proposal. Further, the assignment of market(s) shall not reduce the scheduled fee due the CONTRACTOR. 6. GENERAL PROVISIONS A. The Project Manager for the COUNTY is the Collier County Risk Management Director. The Project Manager shall be responsible for overall coordination and oversight of the performance of this CONTRACT. B. All legal notices to the CONTRACTOR under this CONTRACT shall be in writing and sent certified mail to: Insurance and Risk Management Services, Inc. 3200 Bailey Lane Naples, FL 34105-8506 SEP 2 8 1999 C. All legal notices to the COUNTY under this CONTRACT shall be in writing and sent certified mail to the Project Manager at: Collier County Government Center 3301 E. Tamiami Trail Naples, FL 34112 D. All legal notices under this CONTRACT shall be considered received upon receipt. Either party may change its address by providing prior written notice to the other of any change of address. E. All invoices shall be submitted to the COUNTY'S Project Manager. The COUNTY shall pay the full amount of the invoice by the first (1) day of the month due provided the CONTRACTOR submitted the invoice in a timely manner. Failure by the CONTRACTOR to follow these instructions shall result in an unavoidable delay of payment by the COUNTY. F. The CONTRACTOR assumes the responsibility for compliance with all laws, rules, and regulations, state, federal and local, which are, or which shall be applicable. G) COUNTY llLOtlllllffi~. The CONTRACTOR, in consideration ofTen Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend COUNTY and its agents and employees fi.om all suits and actions, including attorney's fees and all costs of litigation and judgrnents of any name and description arising out of the performance of this CONTRACT or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named CONTRACTOR, any subcontractor or anyone directly or indirectly employed by any of them. The CONTRACTOR'S limit of, or lack of, sufficient insurance protection shall not affect this indemnification agreement. The first Ten Dollars ($10.00) of money received on the CONTRACT price is considered as payment of this obligation by the COUNTY. This section does not pertain to any incident arising fi.om the sole negligence of COUNTY. H) It is understood that the CONTRACTOR is an independent CONTRACTOR and is not an employee or agent of the COUNTY. Nothing in this CONTRACT shall be interpreted to establish any relationship other than that of an independent CONTRACTOR, between the COUNTY and the CONTRACTOR, its employees, agents, subcontractors, or assigns, during or after the performance of this CONTRACT. I) INSURANCE COVERAGE. The CONTRACTOR shall procure and maintain through the term of this CONTRACT the following insurance coverage. The CONTRACTOR for the duration of this agreement shall maintain current insurance policies meeting the requirements herein identified. Renewal certificates shall be sent to the COUNTY thirty (30) days prior to any expiration date. Such certificates shall provide a thirty (30) day notification to the COUNTY in the event of cancellation or modification. CONTRACTOR shall insure that all subcontractors of no. SEP 2 8 1999 CONTRACTOR comply with the same insurance requirements that the CONTRACTOR is required to meet. Professional Liability. Insurance. Limits of Liability- $1,000,000 each claim. $1,000,000 aggregate. Workers Compensation and Employers Liability Insurance covering all employees in compliance with all state and federal laws. Limits of Liability- Workers' Compensation- Statutory Limits of Liability- Employers Liability- $500,000 each accident. $500,000 disease- each employee. $500,000 disease- policy limit. Commercial General Liability Insurance including Bodily Injury and Property Damage Liability naming Collier County as an additional insured. Limits: Each Occurrence- $1,000,000 Personal Injury $1,000,000 General Aggregate $2,000,000 Products-Comp/Oper. Agg. $2,000,000 Automobile Liability for Bodily Injury and Property Damage including, if applicable, owned, non-owned and hired autos. Limits- $1,000,000 Combined Single Limit J) The CONTRACTOR shall provide insurance certificates as proof of insurance prior to the commencement of performance. Insurance certificates shall be written by a company acceptable to the COUNTY. The CONTRACTOR shall notify the COUNTY at least thirty (30) days prior to cancellation or modification of this insurance policy. K) The CONTRACTOR shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this CONTRACT without prior written consent of the COUNTY. L) The CONTRACTOR shall assure that no person shall, on the grounds of race, color, creed, national origin, handicap or sex, be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination in any activity under tiffs CONTRACT. The CONTRACTOR shall take all measures necessary to effectuate these assurances. M) The laws of the State of Florida shall govern all aspects of this CONTRACT. In the event it is necessary for either party to initiate legal action regarding this CONTRACT, venue shall be in the 20e Judicial Circuit of Florida in Naples, Florida for claims under state law and in the Middle District of Florida, Fort Myers Division, for any claims which have jurisdiction in federal court. N) This CONTRACT may be amended only with the written approval of the parties. SEP 2 8 1999 O) A failure or waiver of the COUNTY'S fight to enforce any covenant, condition, or provision of this CONTRACT shall not operate as a discharge of or invalidate such covenant, condition or provision, or impair the enforcement rights of the COUNTY. P) This CONTRACT states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The CONTRACTOR recognizes that any representations, statements or negotiations made by COUNTY staffdo not suffice to legally bind the COUNTY in a contractual relationship unless they have been reduced in writing, authorized and signed by an authorized COUNTY representative. This CONTRACT shall bind the parties, their assigns, and successors in interest. The parties or their duly authorized representatives hereby execute this CONTRACT on the date written above. DATED: ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUF~[CIENCY: MICHAEL PETTIT, ASSISTAN~ COUNTY ATTORNEY WITNESSETH: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MACKIE, CHAIRWO~  [SK MANAGEMENT G'E(~P,{ , PRESIDEN'i" CORPORATE SEAL: SEP 2 8 1999 ACORD. ID ST09/10/99 CERTIFICATE OF LIABILITY INSURANC~s~_i I DATE,M~,DD~,, PRODUCER Insurance and Risk Management Se=vices, Inc. 12771 World Plaza Lane #2 Fort Myers FL 33907-3989 Phone: 941-275-0151 Fax:941-275-0272 INSURED Insurance and Risk Management Services. Inc. 3200 Bailey Lane, #105 Naples FL 34105 I THIS CERTIFICATE IS ISSUED AS A MA I i ~R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .. INSURERS AFFORDING COVERAGE INSURERA: Hartford Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW/THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION INSR LTR TYPE OF INSURANCE POUCY NUMBER DATE (MM/DDt(Y} DATE (MM/DD~YY) LIMITS GENERAL LIABILrrY EACH OCCURRENCE $ I, 000,000 A X I COMMERCIALGENERALLJABILITY 21SBAEG7330 07/01/99 07/01/00 ~ ,RE DAMAOE (Any on* fir*) S 300,000 ~ OCCUR MEDEXP(Anyoneperlo.) $ 10,000 CLAIMS MADE PERSONAL & AOV INJURY S 1,0 0 0,0 0 0 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS.COMPIOPAGG $ 2 t 000 r 000 ] policy ~']pRO' JECT [~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ~rYAUTO 21SBAEG7330 07/01/99 07/01/00 (baccid,m) $1,000,000 ALL OWNED AUTOS ' BODILY INJURY : $ i (Per person) I . SCHEDULED AUTOS X H~RED AUTOS BODILY INJURY (Per accident) $ X NON-OWNED AUTOS , , PROPERTY DAMAGE (Per accident) $ I GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $  ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ I EXCESS UABILITY EACH OCCURRENCE $ ~-~ OCCUR ['~ CLAIMS MADE AGGREGATE $ $  DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND I WC ~TATU- OTH- TORY L MITS ER EMPLOYERS' LIABILITY E.I- EACH ACCIDENT I F_L. DISEASE . EA EMPLOYEI i E.L.'DISEASE - POUCY UMIT! OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHtCLES~EXCLUSlONS ADDED BY ENDORSEME~iiSPECIAL PROVIS)ONS Collier County Board of County Commissioners is Additional Insured with --ii , AGEI~)A respects to the General Liability. SEP 2 8 1999 CERTIFICATE HOLDER ) N I ADDmONAL INSURED; Collier. County Board of County Commissioners 3301 East Tamiami Trail Naples FL 34112 COLLCO2 ACORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF~, THE ISSUING INSURE~R IJ~m.~-Edg4aFrAVOR TO MAIL 10 DAYS W~JTTEN NOTICE TO THE CERTIFICATE HOLDER libido ~'q THE ~..UT ;AILURE.o DO ~ S~L,.POSE ~00~G:TIO~O~JAB~ O; ANY ..D uPO. THE ,.SU".'~j AOE~ O..~.RE ~.~ "' ~'~'~--'A-'-'-" ' // Georc[e C. Schmelzler CPCU; ARM ;'/ " ACORD CORPORATION 1988 "-" CERTIFICATE OF INSURANCE H-IlS CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'Insured: !INSURANCE & RISK MANAGEMENT SERVICES, INC. i3200 BAILEY LANE, #105 :NAPLES, FL 34105 Producer: Insurance Programs, Inc. 3159 Shamrock South, PO Box 12129 Tallahassee, FL 32317-2129 COVERAGES :This is to certify that the policies of insurance listed below have been issued to the insured named above for ithe policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. INSURANCE AGENTS' PROFESSIONAL LIABILITY COVERAGE COMPANY AFFORDING COVERAGE: The American Insurance Company Policy Number: ME-07201296 .--.-Elf. 12:01 AM: 01/01/99 Each Claim Limit: xp. 12:01 AM: 01/01/00 Aggregate Limit: $5,000,000 $6,000,000 Certificate Holder: COLLIER COUNTY RISK MANAGEMENT DEPT ATrN: JEFF WALKER 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 CANCELLATION: Should any of the above described policies be cancelled .before the expiration date thereof, the issuing company ill endeavor to mail 10 days written notice to the Certificate Holder named above, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives. I Issue Date: JUNE 17, 11 SEP 2 8 !9(19 ACORD CERTIFICATE OF LIABILITY INSURANCE I DA ,,, D 08 27/1999 Sedal # Al105 RODUCER . ADVANTEOH SOLUTIONS INSURANCE , INC. 1410 N. WESTSHORE BLVD SUITE 6O0 TAMPA, FLORIDA 33607 ,ISURED ADVANTECH SOLUTIONS 1410 N. WESTSHORE BLVD. SUITE 600 TAMPA, FLORIDA 33607 I THIS CERTIFICATE IS ISSUED AS A MA~I-ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: GENERAL ACCIDENT INSURANCE CO. INSURER B: INSURER C: INSURER D: INSURER E: ;OVERAGES THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ;LAIMS. SR~ · ~ TYPE OF INSURANCE POUCY NUMBER GENERAL UABIUTY i COMMERCIAL GENERAL LIABILITY t ~ CLAIMS MADE ~ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: IPOUCYI IPRO- ! ~E<;:T i I LOC AUTOMOBILE UAB~IJ'rY I ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS i NON-OWNED AUTOS POUCY c~-~-=CTIVE RECE[V POUCY EXPt RATION DATE I NINVD DIYY'i UM$TS EACH OCCURRENCE D $ FIRE DAMAGE (Any one fire) $ MED EXP (ky one ~erson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS o COMP/OP AGG $ COMBINED SINGLE LIMIT (Ea acc.<lent ) $ BODILY INJURY (Per person) $ BODILY INJURY (Per aCOdenl) $ $ PROPERTY DAMAGE (Per acoo~nt) GARAGE UABI LITY t ANY AUTO EXCESS LIABIL/'rY ! OCCUR I I CLAtMS MADE DEDUCTIBLE RETENTION AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE AGGREGATE $ 1,000,000 A WORKERS COMPENSATION AND EMPLOYERS' UABILITY WCO161753 4/17/99 4/01/00 X t WCSTATU- I IOTH-i t TORY LIMITS I t ER E.L. EACH ACCIDENT ] E.L. D~S~.SE -__~_EMPLOY _~ E.L. DISEASE* .OLICY LIMIT 1,000,000 1,000,000 OTHER :)E,~CRJPTION OF OPERATIONS/LOCATIONSNEHICLE$/EXCLIJ$1ONB ADDED BY ENDORSEMENT/SPECIAL PROVISIONS :OR THE BENEFIT OF EMPLOYEES LEASED TO INSURANCE & RISK MANAGEMENT SERVICES, INC. FROM ADVANTECH SOLUTIONS, NC. ;ERT1FICATE HOLDER J I ADDmON,~. INSURED; INSURER LP_I II:R: COLLIER COUNTY BOARD OF COUNTY COMISSIONERS 3301 E. TAMI,~,MI TRAIL NAPLES, FLORIDA 34112 *%CORD 25-S (7/97) .;:~FMPRO\CERTPROS.WEB CANCELLATION SHOULD ANY OF THE ABOVE DESCFUBED POUCIES BE CANCEr I ;n BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAJL 30 DAYS WR" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FNLURE TO DO SO IMPOSE NO OBLIGATION OR LIA~UTY OF ANY KIND UPON THE INSURER, ITS AGENT~ ~R REPRESENTATIVES. AUTHO~;~';n REPRESENTATIVE OF INDEPENDENT INSURANCE AGENCY e ACORD CORPORATION 1988 EXECUTIVE SUMMARY APPROVAL TO RENEW THE PROPERTY & CASUALTY INSURANCE PROGRAM. OBJECTIVE: To seek approval to renew the Property & Casualty Insurance program. CONSIDERATIONS: In May, 1997 the Risk Management Department sought proposals through the County's contracted insurance broker, Insurance and Risk Management Services, for Property, Casualty, and Workers' Compensation insurance programs. This analysis was brought before the Board in September of 1997 and the Board approved the selection of the All Lines Aggregate Insurance Program. A comprehensive marketing of the program is sought every three years to assure the purchase of the most competitive program. The program renews October 1, 1999 and approval of the renewal quotation is being sought at this time. The Board purchases what is commonly know as an All Lines Aggregate Program. The All Lines Aggregate Program combines the General Liability, Automobile Liability, Property (including auto physical damage and flood coverage), Workers' Compensation, Errors and Omissions Liability and Crime coverages into a single program with an aggregate retention limit for all lines of coverage which caps total program costs. The retention (deductible) per occurrence is $100,000 for all lines with the exception of Workers' Compensation, which is $150,000. The proposed maximum aggregate amount of retained losses for these lines is $1,650,000 per year. This is compared to $1,550,000 in FY 98. Total fixed costs for excess insurance in FY 99 were $1,138,040. To renew the program for FY 99, the fixed program costs will be $1,133,248. This is a decrease of $4,792. Total fixed costs include excess insurance premiums, claims administration, and brokers fees. The major highlights of the renewal quotation are as follows: 1) Property insurance rates remained the same. Insured values increased 3.5%. 2) Liability rates remained the same. Ratable liability exposures increased approximately 1% and the number of insurable automobiles decreased by 10%. The following monoline coverages do not fall within the All Lines Aggregate program. The renewal rates are as follows. Airport Liability (American Eagle) Boiler & Machinery (Hartford Steam) Statutory Accidental Death (Hartford) Contingent Law Enforcement Liability (Lloyd's) Pollution Liability County Administrator's Automobile Current Rate Renewal Rate $ 9,312 Not to exceed $11,000 $ 8,036 $8,036 $ 8,748 $8,748 $25,000 $25,000 $91,115 $99,530 $618 $742 Ill SEP 2 8 1999 Pg. Helicopter (Aviation Insurance) $65,968 $65,968 The Airport Liability quotation is pending as of this writing due to a delay in receiving information from the department for underwriting purposes. Costs are expected to renew at or near the FY 98 cost. A Cost Comparison Summary is attached. FISCAL IMPACT: Funds in the amount of $1,286,304 have been appropriated in the Property and Casualty Insurance Fund, the Workers' Compensation Insurance Fund and within specific departmental budgets to purchase these coverages. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the renewal of the Property & Casualty Insurance Program as described in the Executive Summary and Cost Comparison Summary with an effective date of October 1, 1999. je~fi~ey A. Walker, CPCU, ARM, Risk Management Director REVIEWED BY: ..... ' ~ ~ ~ ....... " DATE: Leo E. Ochs, Jr., Support SerVices Administrator AGENDA ITEM No. Ib~ SEP 2 8 1999 Pg. ~.~ Attachment A APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 9/28/99 General (Fund 001) Public Services Administration Budget Amendment #99-442 Public Service~ Administration Personal Services $6,000 Operating Expenses 1,000 Beach & Water Operations Personal Services (7,000) Total -0- Explanation: Funds are needed to cover increases in salary budgets as a result of salary survey, and to provide for copying charges not budgeted for in FY99. Emergency Management Services (Fund 490) Budget Amendment #99-450 Capital Communication Equipment $2,620 Operating Expenses (2,620) Total -0- Explanation: Funds are needed to purchase radio for new vehicle. EMS (Fund 490) Budget Amendment #99-449 Capital Other Machinery & Equil~ment $7,000 Operatm~ Expenses (7,000) Total -0- Explanation: Funds are needed to purchase exercise equipment to meet the department goal of reducing worker's compensation claims. APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 9/28/99 General (Fund 001) Public Services Administration Budget Amendment #99-442 Public Services Administration Personal Services $6,000 Operating Expenses 1,000 Beach & Water Operations Personal Services (7,000) Total -0- Explanation: Funds are needed to cover increases in salary budgets as a result of salary survey, and to provide for copying charges not budgeted for in FY99. Emergency Management Services (Fund 490) Budget Amendment #99-450 Capital Communication Equipment $2,620 Operating Expenses (2,620) Total -0- Explanation: Funds are needed to purchase radio for new vehicle. EMS (Fund 490) Budget Amendment #99-449 Capital Other Machinery & Equipment $7,000 Operating Expenses (7,000) Total -0- Explanation: Funds are needed to purchase exercise equipment to meet the deparlrnent goal of reducing worker's compensation claims. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 28, 1999 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 99-01740MMA, 98- 01445MMA, 99-00356MMA, 99-00666MMA, 96-06758MMA, 98-00928MMA, 99- 00592MMA, 99-00651MMA, 99-01385MMA, 98-07867MMA, 98-06765MMA, and 98-09455MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Comtnissioners for the period: A. September 6-10, 1999 4. Minutes: Environmental Advisory Council - Agendas for August 17, 1999 and September 1, 1999 and minutes of June 2, 1999, August 4, 1999, and August 17, 1999 meetings B. Historic and Archaeological Preservation Board - Agenda for August 27, 1999 Co Emergency Medical Services Advisory Council - Agenda for August 25, 1999 and minutes of July 28, 1999 meeting Do Airport Authority - Agenda for August 25, 1999 and minutes of July 12, 1999 meeting E° Pelican Bay MSTBU Advisory Committee - Agenda for September 1, 1999 and minutes of August 4, 1999 meeting Fo Collier County Planning Commission - Agenda of September 2, 1999 and minutes of August 5, 1999 meeting Bayshore Beautification Advisory Committee - Agenda of September 1, 1999 and minutes of August 11, 1999 meeting Golden Gate Beautification Advisory Committee - Agenda of September 14, 1999 and minutes of August 10, 1999 meeting AGENDA ITEM No. / ~,/"'/ Golden Gate Estates Land Trust Committee - Minutes of June 7, 1999 meeting SFP 2 8 1999 pg. / Other mo Proof of Publication - Unclaimed Moneys - Affidavit of Publication and list of funds held by Collier County Clerk of the Circuit Court AGENDA }_~EM No. lb SEP 2 8 1999 pg. 2., EXFCUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF'S OFFICE AS THE "OFFICIAL APPLICANT" OF THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM, TO ACCEPT GRANTS WHEN AWARDED AND APPROVE APPLICABLE BUDGET OBJECTIVE: To have the Collier County Commission designate the Sheriff's Office as the "official applicant" for the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grant Program, to accept grants when awarded and approve applicable budget amendments. CONSIDERATION: o 10. 11. The Collier County Sheriff's Office has participated in grant programs for eleven years. This first year program is for the implementation of the Bulletproof Vest Partnership Grant, to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. Th~ purpose of the Bulletproof Vest Partnership Grant Program is to provide matching funds for the purchase of bulletproof vests to save the lives of law enforcement officers. The Sheriff's Office annually replaces worn vests for officer safety. The Bulletproof Vest Partnership Grant will provide matching funds for side panel vest purchases. Vests are an officer safety issue. The available funds from Bulletproof Vest Partnership Grants reduces costs to local taxpayers for vests. The Sheriff's Office application will request approval to procure 610 bulletproof vests. The grant allows purchases to be made over a four-year period. The Bureau of Justice Assistance (BJA) has implemented an Internet- based system to support the Bulletproof Vest Partnershi~ Grant Program application. Bulletproof Vest Partnership Grant Program application forms must be completed on the Internet. The formal "official applicant" of the eligible jurisdiction is allowed to apply for funding. To streamline procedures and to save Board of County Commission time, to reduce paperwork and personnel time in preparing executive summaries, an all inclusive request is being made for current and future grant application/award procedures relating to the Bureau of Justice Assistance, Bulletproof Vest Partnership Grant Program. ~ AG~'NDAi~EM No, S£P 2 1999 12. 13. Board authorization is needed for: Sheriff's Office designation as the "official applicant" for the B~lletproof Vest Partnership Grant Program; for the County's Chief Executive Officer to respond to BJA's request to confirm the Sheriff's Office as the "official applicant"; acceptance of grants when awarded; and approval upon awards of applicable budget amendments. Grants are also expected to be available in fiscal years 2000 and 2001. FISCAL IMPACT: Fifty (50%) percent local matching funds are required. Such funds are available from the FY 2000 operating budget for replacement vests. Match costs will depend on the number of vests required, awarded, and purchased each fiscal year. The grant supports 50% of replacement costs. $91,500 is budgeted in FY 2000 for the initial agency-wide replacement. OROWTH MANAOEMENT: Recurring costs will depend on the number and cost of vests purchased in fiscal years 2001 through 2005. The cost will be projected each fiscal year and included in yearly budget. Currently the Sheriff's Office budgets necessary annual replacements. RECOMMENDATION: That the Collier County Commission hereby designate the Sheriff's Office as the "official applicant" for the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grant, that the County's Chief Executive Officer respond to BJA's request to confirm the Sheriff's Office as the "official applicant", to accept the grants when awarded, and approve applicable budget amendments. PREPARED BY: Cr-ysta~ K.' Kinzel, Finance Directgj APPROVED Hunter, Sh~ri DATE: Auqust 19, 1999 - A(~NDA ITEM" No.-~ L~ -~- ~ SE? 7. U 1999 pg._ ¢'~ ,, ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: Date: Auqust 19, 1999 DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) To: Office of the County Attorney, Attention: Thomas Palmer, EsQ. From: Re: Crystal K. Kinzel Name ) Finance Director (Title) Finance Division (Department) Sheriff's Office (Division) U.S. DOJ, BJA, Bulletproof Vest Partnership Grant Proqram (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). Board approval is needed to designate the Sheriff's Office as the "official applicant" of Bulletproof Vest Partnership Grants. Since the application must be completed on the Internet and the 'County's Chie Executive Officer will be asked by the Bureau of Justice Assistance tc respond to an Email query as to this designation, Board approval is also being sought for the Board Chair to respond to the BJA request. In order to streamline procedures to save Board time, to reduce paperwork and personnel time in preparing executive summaries, an all inclusive Board request is being made for the grant applications/awards procedures. Approval is also being sought for acceptance of the grant awards and approval, upon awards, of applicable budget amendments. (Are there documents or other infcrmation needed to review this matter? If yes, attach and reference this information}. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer.) jh/a: lebvl AGF.,N D~, ITEM S"? 2 8 1999 EXECUTIVE SUMMARY RECOM/4END THAT THE BOARD OF COUNTY COMMISSIONERS ENDORSE AN AMENDED UNITED STATES DEPARTMENT OF JUSTICE FEDERAL EQUITABLE SHARING AGREEMENT. OBJECTIVE: To have the Collier County Commission endorse an amended United States Department of Justice Federal Equitable Sharing Agreement. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations in which the Sheriff's Office works with the Department of Justice and U.S. Department of Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that results in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. The Justice and Treasury Departments require a Federal Equitable Sharing Agreement to be signed triennially by the law enforcement agency and a designated official of the governing body. If there is a change in administration for the head of the law enforcement agency or the governing body within the three year period, a new agreement must be submitted to reflect the signatures of the new head of the agency and/or official of the governing body. The current Agreement was signed by the past Chairman of the Board of County Commissioners on July 28, 1998. An amended Agreement needs to be signed by the current Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues will be accounted for separately in the Sheriff's Office. Funds will be used to supplement and not supplant Sheriff's Office law enforcement purposes. The fiscal year in which the revenues will be received depends on when a case is closed. Total revenues to be received cannot be determine until cases are closed. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners endorse the amended United States Department of Justice Federal Equitable Sharing Agreement. Kinzel, Fina e Di'rector D~ter_~ Sheriff DATE: Sept emb~-~, 1999 a:XS.Es3 AGENDA ITEM No, I~r -~'~P , 2 1999 ~_,~ Enforcement Agency: Collier OPolice Department OProsecutor's Office Federal Equitable Sharing Agreement "VALID THRU SEPTEMBER 30, 2002" County Sheriff's Office (~) SheriW s Office/Department OOther OTask Force' Contact Person: Danny Shryver, Esq. E-mailAddress: N/A OCheck if New Participant Mailing Address: 3301 Tamiami Trail East, Building J, Naples, (Street) (City) Florida 3z~] ] 2 ' (Stat~) (Zip Code) Telephone Number: ( 941 ) 793-9292 Fax Number: ( 941 ) 793-9195 Agency Fiscal Year Ends on: 9/30 (Month/Day) NClClORI/Tracking No.: FL0110000 This Federal Equitable Sharmg Agreement entered into among (1) the Federal Government, (2) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any imerest earned thereon, which are equitably-shared with participating law e~orcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared s and the following requirements for participation in the federal equitable sharing program. Su bmissio n. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. Asset Forfeiture and Money Laundering Section U.S. Department of Justice/ACA Program P.O. Box 27768 Washington, D.C. 20038 E-mail address: program.aca~usdoj.gov Fax: (202)616-1344 Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, N.W., Suite 700 Washington, D.C. 20220 E-mail address: treas.aca~teoaf, treas.gov Fax: (202) 622-9610 2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitably-shared cash, property, or proceeds. 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing request (either a DAG-71 or a 'ID F 92-22.46) submitted by the requesting agency. Any and all requests for a change in the use of cash,' property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the appropriate agency shown in item 1. 4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with gent on file, the undersigned law both the Department of Justice and the Department of the Treasury. If there is no agre( enforcement agency must obtain one from the receiving agency, and forward it to the apprt A list of recipients, their addresses, and the amount transferred must be attached to the Fe, Internal Controls. The parties agree to account separately for federal equitable sharing of Justice and the Department of the Treasury. Funds from state and local forfeitures and ot ' Attach list of member agencies with their addresses and indicate lead agency. ~ral l~b~_.ual Certincat~on Rep( rt. rods c i.e lg pepar ,ent let sources must not b~lrommin :led with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and the Department of the Treasury forfeiture funds, lnterest income generated must be deposited in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employeo' for off such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide). The accounting of shared funds must be submitted in the format shown on the Annual Certification Report contained in both the Justice and Treasury Guides. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds or property. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Dep~irtment of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to receiving an)' equitably-shared cash, property, or proceeds. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? O Yes (~ No (If you answered yes, attach relevant information. See instructions.) Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against_ your agency alleging discrimination? (~) Yes O No (If you answered yes, attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq. ), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq. ), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture. Don ~unter 9/8/99 Name (Print or Type) Date r Authorized Representative Pamela S. Mac'Kie 9/'..j99 Name (Print.or TYpe) Govern'ing Body Head or Authorized Representative (Signature) AGENDA ITE'M No. ! r, --~C~.~,.. Sheriff Chai z-woman, Title (Print or Type) Title (Print or Type) ~,~ This form is subject :to the Freedom of lnformaaon A ct and may be released to requests under~ U. S. C ~ 552. SEP 2 8 1999 Date ion PENDING LITIGATION: Dorothea Sabielny v Collier County SheriWs Office; gender discrimination; in litigation Victor Valdes v Collier County Sheriff's Office; ethnic discrimination; in litigation Melva Browning v Collier County Sheriff's Office; gender discrimination; EEOC pending A~E'NDA i'TEM No. \(~' ~ iS :~.-' 2 ;s 1999 Pg. ~ EXECUTIVE SUMMARY PRECINCT BOUNDARY ADJUSTMENTS OBJECTIVE.' To adopt a Resolution amending the legal descriptions in those precincts recom- mended by the Supervisor of Elections. CONSIDERATIONS: {}101.001, Florida Statutes, provides that the Supervisor of Elections makes recommendations to the Board of County Commissioners for their concurrence and adoption when precinct boundaries need adjustments. This section also provides that both a written description and maps must accompany the changes when they are forwarded to the Secretary of State. The changes must be forwarded to the Secretary of State within ten days of the approved changes. The voter count in each precinct change as new housing facilities become available. Precinct 603 has had very significant growth - exceeding 3,000 registered voters. The Supervisor of Elections recommended the following precinct changes be made to reduce the size of affected precincts or to reduce the number of election district combinations within a precinct. The recommendations are: 1. Precinct 603 be divided to create new precinct 646; with precinct 603 remaining as the subdivisions of Longshore Lake, Quail Creek, Quail West (in Collier County), the Bay West Nursery area to a point two miles east of the C.R. 951 intersection with Immokalee Road; 2. Create Precinct 646 which consists of the subdivisions of Willoughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand and all points east of the Florida Power & Light transmission easement to Interstate 75 between the Collier-Lee County line to Immokalee Road; 3. To correct a scriveners error in the 1992 legal description of Precinct 251 to included the omitted language; -4. To revise the direction of Precinct 252's legal description thereby facilitating ease in finding visible landmarks; 5. To amend the precinct number to reflect that actually known and used as Precinct 679; in the 1992 amendment, the precinct was scheduled to be numbered 666 while the voters protested so the number was changed to 679; however, the materials filed in the official records of the county Seem to indicate 666. These changes result in a net addition of 1 additional precinct for the 2000 election cycle. The Supervisor of Elections will make the appropriate submission to the Department of Justice for the changes to precinct boundaries and polling sites. FISCAL IMPACT: The fiscal impact associated with these changes will be the mailing of new voter identification cards to the voters in the newly created precinct 646. Funds are currently in the budget of the Supervisor of Elections. RECOMMENDATIONS: That the Board of County Commissioners approve the changes by adopting the resolution and directing the board's staff to prepare adjustments to the precinct maps as required by the statutes. AGENDA I~'EM No.~b ~ FN:'RECUNE~lg99~gEXEC.QW Mary W. Morgan, Supervisor of Electionm Wedne~llly, September 15, 1999 S EP 2 8 1999 Pg. RESOLUTION 99- RESOLUTION PURSUANT TO §101.001, FLORIDA STATUTES, CHANGING BOUNDARIES OF PRECINCT 603 WITHIN COLLIER COUNTY BY CREATING AN ADDITIONAL PRECINCT 646, AMENDING DESCRIPTION DIRECTION TO AID IN FINDING VISIBLE LANDMARKS, RENUMBERING 1992 PRECINCT TO REFLECT ACTUAL NUMBER IN USE, CORRECTION OF SCRIVENERS ERROR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 101.001, Flodda Statutes, authorizes the Board of County Commissioners, upon the recommendation of the Supervisor of Elections, to alter the boundaries of election precincts within the county; and WHEREAS, such the Supervisor of Elections herewith makes the recommendation to alter specific precinct boundaries to alleviate the pressures of growth; and WHEREAS, Chapter 101.001, Florida Statutes, directs an accurate description of any altered precinct boundary be made and maps reflecting such changes be filed with the Florida Secretary of State; and WHEREAS, county precinct 603 has experienced considerable growth resulting from increased dwelling unit construction and now has largest number of registered voters of any precinct; THEREFORE, BE IT NOW RESOLVED by the Board of County Commissioners that the precinct boundary adjustments recommended by the Supervisor of Elections be approved as follows: 1. Precinct 603 be divided to create new precinct 646; with precinct 603 remaining as the subdivisions of Longshore Lake, Quail Creek, Quail West (in Collier County), the Bay West Nursery area to a point two miles east of the C.R. 951 intersection with Immokalee Road; 2. Create Precinct 646 which consists of the subdivisions of W~lloughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand and all points east of the Florida Power & Light transmission easement to Interstate 75 between the Collier-Lee County line to Immekalee Road; 3. To correct a scriveners error in the 1992 legal description of Precinct 251 to included the omitted language; 4. To revise the direction of Precinct 252's legal description thereby facilitating ease in finding visible landmarks; 5. To amend the precinct number to reflect that actually known and used as Precinct 679; in the 1992 amendment, the precinct was scheduled to be numbered 666 while the voters protested so the number was changed to 679; however, the materials filed in the official records of the county seem to indicate 666. BE IT FURTHER RESOLVED that the legal descriptions of the above precincts are fully described within Exhibit A attached hereto as a part of this Resolution. DONE AND ORDERED this day of September, 1999, while convened in Regular Session. A1-FEST: DVVIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairman Approved as to form and legal sufficiency: AssistantCounty Attorney F: ~PRE C LINE',1999~99RE $OL QW AGENDA ITEM No,_ I(.~ -~-'~ SEP 2 B 1999 Pg. PRECINCT 25'1 Collier County, Florida Begin the precinct's northwest corner at the intersection of the Naples City Limit and Haldemann Creek; thence east along the centerline of Haldemann Creek (across Bayshore Drive) to the point of intersection with the east boundary of Sabal Shores; thence south along the drainage waterway which serves as the east boundary of Sabal Shores, Oak Ridge Manor, and Crews Subdivisions; thence west along Crews Subdivision boundary to the west section line of Sec- tion 13, Township 50 South, Range 25 East; thence south along said section line to its intersection with the centerline of Thomasson Drive (which is 120 feet, more or less, west of the Thomasson Drive/Dominion Road intersection); thence east along Thomasson Drive centerline to U.S. 41 East (Tamiami Trail East) centerline, which is the northeast corner of Section 24, Township 50 South, Range 25 East; thence southeast along U.S. 41 East to its intersection with the Lely Outfall Canal centerline; thence southwest along the Lely Outfall Canal to its intersection with the inland waterway; thence northerly along the inland waterway to Dollar Bay at the north line of Section 34, Township 50 South, Range 25 East; thence east along said section line (which is the southernmost boundary for the City of Naples) to its northeast corner; thence north along the east lines of Sections 26, 23, and 14, Township 50 South, Range 25 East, to the point of intersection with the Haldemann Creek centerline and the point of beginning. Resolution 99- adopted corrected scriveners error (underlined) in Resolution 92-337 description. Formerly Precinct 214 and part of 221; renumbered by Resolution 92-337 adopted June 16, 1992 (OR Book 1726, Page 2084). Amended by Resolution 83-51 adopted April 5, 1983. Created by Resolution 82-75 adopted June 18, 1982. F:~PRECLINE~1999~99PRC251QW Mary W. Morgan, SUl:~'w~or of Elections Wednesday, N°V®mb~· 01. 1995 ' A~ENDA ITEM No,- ~' PRECINCT 252 Collier.County, Florida Begin precinct's northwest corner at the intersection of the centerlines of Bayshore Drive and U.S. 41 East; thence south along Bayshore Drive to its intersection with the centerline of Haldemann Creek; thence east-along Halde- mann Creek to its intersection with the east boundary of Sabal Shores; thence south along the drainage waterway which serves as the eastern boundary of Sabal Shores, Oak Ridge Manor, and Crews Subdivisions; thence west along Crews Subdivision boundary to the west section line of ,Section 13, Township 50 South, Range 25 East; thence south along said west line of Section 13, Town- ship 50 South, Range 25 East to its intersection with the centerline of Thomas- son Drive which is 120 feet more or less west of the Thomasson Drive/Dominion Road intersection; thence east along Thomasson Drive to its intersection with the centerline of U.S. 41; thence northeast along U.S. 41 to the Bayshore Drive intersection and the point of beginning. Resolution 99- adopted visible landmarks. Precinct 212 renumbered as 252 by Resolution 92-337 adopted June 16, 1992 (OR Book 1726, Page 2085). Renumbered as Precinct 212 by Resolution 83-51 adopted April 5, 1983. Created by Resolution 82-75 adopted June 18, 1982, reversed direction of description flow from Resolution 92-337 for ease in finding F:\PRECLINE\1999\99PRC252QW Mary W. Morgan, Supe~wi~or of Elections 'rhumday, November 02, 1995 SEP 2 8 1999 PRECINCT 603 Collier County, Florida Begin the northwest corner of the precinct at the intersection of the centerline of Interstate 75 with Section 7, Township 485, Range 26E which is the point of intersection of the Collier-Lee County line; thence east along the'northern sec- tion lines of Sections 7, 8, 9, 10, 11, and 12, Township 48S, Range 26E (the Collier-Lee County line); thence south along the eastern section lines of Sections 12, 13, and 24, Township 48S, Range 26E; thence west along the southern section lines of Sections 24, 23, 22, 21, 20, and 19, Township 48S, Range 26E which is Immokalee Road (C.R. 846) to its intersection with the centerline of Interstate 75; thence north along the centerline of Interstate 75 three miles more or less to the point of beginning. Adopted by Resolution 99- on ; precinct 603 divided into 603 and 646 with 646 being the subtraction of Willoughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand, et al. .Adopted by Resolution 92-337 on June 16, 1992; renumbered from 226; added Willoughby Acres to precinct. Created by Resolution 91-778 on November 12, 1991; formerly part of precinct 223 which was created by Resolution 86-240 on December 16, 1986; formerly part of precinct 201 as amended by Resolution 83-34 on March 1, 1983; formerly a part of precinct 205 as created by resolution 82- 75 on June 18, 1982. F :~PRECLINE~1999'~99PRC603. QW AG, SEP 2 B J999 PRECINCT 646 Collier County, Florida Begin the northwest corner of the precinct at the northern corner of Section 7, Township 48S, Range 26E which is the point of intersection of the Collier-Lee County line with the centerline of the platted Florida Power & Light transmission line easement; thence east along the northern section lines of Section 7, Town- ship 48S, Range 26E (the Collier-Lee County line) to its intersection with the centerline of Interstate 75; thence south along the centerline of Interstate 75 for 3 miles more or less to its intersection with the centerline of Immokalee Road (C.R. 846); continuing west along the centerline of C.R. 846 to its intersection with the west line of Section 24, Township 48S, Range 25E which is a drainage ditch lying along the east boundary of Palm River Subdivision; thence northerly along said drainage ditch 3,000 feet more or less, thence northeasterly 5,500 feet more or less along a drainage creek which is the northeasterly extension of Palm River; thence east along the north line of Section 24, Township 48S, Range 25E, to its intersection with the Florida Power & Light transmission line easement's centerline; thence northerly along said easement 10,000 feet more or less to the point of beginning. Created by Resolution 99- on ; split from precinct 603 to create precinct 646 by subtracting Willoughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand, et al. to form 646. Adopted by Resolution 92-337 on June 16, 1992; renumbered from 226; added Willoughby Acres to precinct. Created by Resolution 91-778 on November 12, 1991; formerly part of precinct 223 which Was created by Resolution 86-240 on December 16, 1986; formerly part of precinct 201 as amended by Resolution 83-34 on March 1, 1983; formerly a part of precinct 205 as created by resolution 82- 75 on June 18, 1982. F:~PRECLINE~1999~,99PRC648.QW AGENDA ITEM No~ ~ ~:5 SEP 2 8 1999 pg. Precinct 679 Collier County, Florida Begin the northwest corner at the intersection of the centerlines of U.S. 41 (Tamiami Trail North, State Road 45, Ninth Street North) and Creech Road; thence east along the Creech Road centerline to its intersection with the center- line of Goodlette-Frank Road (C.R. 851); thence south along the Goodlette- Frank Road centerline to its intersection with the centerline of Fleischmann Boulevard; thence west along the Fleischmann Boulevard centerline to its inter- section with the centerline of U.S. 41 (Tamiami Trail North, S. R. 45, Ninth Street North); thence north along the U.S. 41 (Tamiami Trail North, S.R. 45, Ninth Street North) centerline to the point of beginning. Adopted by Resolution 99- on as precinct 679 since, in 1992, voters in precinct 666 objected that the number represented the sign of satan so number only was changed in 1992. Adopted by Resolution 92-337 on June 16, 1992 as precinct 666 - number change only; formedy 007; recorded in O.R. Book 1726, page 2143. Adopted by Resolution 83-34 on March 1, 1983. F:~PREC LINE~1999~99PRC679QW AGENdA'S'T-EM No, la ~:5 _ SEP 2 8 1999 EXECUTIVE SUMMARY BALLOT TABULATION SYSTEM UPGRADE OBJECTIVE: To adopt a Resolution for sole source acquisition of ballot tabula- tion software which is certified in Florida as being Y2K compliant. CONSIDERATIONS: The Florida Division of Elections is requiring all vendors of ballot tabulation software to have their software certified as being Y2K compliant. The vendor whose software we currently use have indicated they "will no longer market and support any version levels less than Election Management System, Version 1.1B, Ballot Tabulation, Version 4.3.7MR and Front End Processor, Ver- sion 5.1." We do not own the versions of referenced software. This situation has been under advisement by the Division of Elections for the cur- rent fiscal year. However, we did not anticipate that our version of software would no longer be maintained. We did not receive confirmation from the ven- dor of their decision to no longer maintain our version until late June, 1999. We would like to change software vendors to one compatible with the ballot lay- out program which would serve as the set up for the tabulation system. To make that change, there is but a single vendor with software to meet that requirement for the ballot cards used by the county. Since we were unaware of the current vendor's unwillingness to get the current version of ballot tabulation software certified as being Y2K compliant at the time we were preparing the budget for fiscal year 2000, funds were not budgeted in the upcoming budget. FISCAL IMPACT: There will be no fiscal impact on the county because when the supervisor became aware of this possibility in December, 1998, the funds budgeted for voting machine acquisition were saved in case this situation devel- oped. There are adequate funds in account 080-522010-764550 Voting_ Ma- chines to cover the cost of both software ($25,000) and hardware ($8,800) up- dates to the ballot tabulation system. RECOMMENDATION: The Supervisor of Elections recommends the Board of County Commissioners declare, by resolution, there is but a sole source to ac- quire compatible ballot tabulation software which is Y2K compliant for use in Col- lier County and authorize the Supervisor to purchase same. Prepared by Mary W. Morgan, Supervisor of Elections F:tVTGUNITtTABSYSTE~EXEC SM RY, QW AGENDA ITEM No. t [,p*l"'~ SEP 2 8 1999 Pg., RESOLUTION NO. 99~ A RESOLUTION FINDING ELECTION RESOURCES CORPORATION AS SOLE SOURCE FOR COUNTY PURCHASE OF CERTAIN SOFTWARE; AUTHORIZING PURCHASE OF SUCH SOFTWARE & EQUIPMENT WHEREAS, Collier County desires to upgrade its present ballot tabulation sys- tem to one which is fully Y2K compliant and which meets the state system standards and approval of the Florida Division of Elections; and WHEREAS, Section 101.293(1), Florida Statutes, requires that voting equipment (ballot tabulation) purchases in excess of $3,000 be acquired through the sealed com- petitive bid process from at least two bidders unless the majority finds there is but a sin- gle suitable source; and WHEREAS, the Board of County Commissioners finds that the Etnet software provided by Election Resources Corporation, versions 2.6.1 or 2.6.2 (when certified by the Division of Elections), is the only system which would best meet the needs of Collier County's existing ballot tabulation and vote recording equipment in terms of system compatibility because: 1. The County's existing ballot layout and printing software sets up the program- ming of Etnet software; 2. Etnet software is the only Windows based software certified in Florida and on the market; and 3. Etnet software facilitates the ease of reporting election results to the internet and to the Division of Elections on election night. NOW THEREFORE, BE It RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF COLLIER COUNTY, FLORIDA, at a regular meeting assembled this ~ day of September, 1999, that: 1. Collier County finds that there is but a single source, Election Resources Corpo- ration, that provides the Etnet ballot tabulation system needed to upgrade the County's present ballot tabulation system to a Y2K compliant, network of microprocessors which tabulate the single prescored IBM punch card ballots and which system is totally com- patible with the Division of Elections program for reporting election results; and 2. That said software system shall be obtained from Election Resources Corpora- tion upon such terms and conditions as the parties agree. 3. Facilities are available within Collier County to tabulate and ascertain results of the elections to be counted with the Etnet state certified software electronic ballot tabu- lation system on networked microprocessors. 4. Collier County will receive from Election Resources Corporation a detailed plan- ning and procedure manual prepared by said firm exclusively for the programming and electronic tabulation of ballots, using the Etnet Version 2.6.1, or 2.6.2, upon receipt of state Y2K certification. _ 5. Collier County will assure that Election Resources Corporatio tise and personnel to assist and train county elections officials in the u A(~'J~'NDA ITEM I pro~.S exper- ~e of the system. I/-~'__~{ S EP 2 8 1999 -,~ . _pg_.~:::_.c~:_:::.__ _ A copy of this Resolution shall be forwarded to the Division of Elections of the Florida Department of State by the Supervisor of Elections upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. DATED: ATTEST: DWIGHT BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS .......... COLLIER COUNTY, FLORIDA :::::~:i:~:::~:' By: PAMELA S. MAC'KIE, Chairwoman .......... Approved as to form and legal sufficiency: Ramiro Mafialich Assistant County Attorney AGENDA No. t¢ , 1999 pg. ~ EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT, ENDORSE THE COLLIER COUNTY SHERIFF'S OFFICE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, HIGHWAY SAFETY FUNDS GRANT APPLICATION, AND UPON AWARD, ACCEPT THE GRANT AND APPROVE APPLICABLE BUDGET AMENDMENTS FOR THE SHERIFF'S OFFICE IMMOKALEE D.U.I. ENFORCEMENT PROJECT. OBJECTIVE: To have the Collier County Commission be the coordinating unit of government, endorse the Sheriff's Office State of Florida, Department of Transportation Highway Safety Funds grant application for first year funding for the Immokalee D.U.I. Enforcement Project, and upon award, accept the grant and approve applicable budget amendments. CONSIDERATIONS: 1. The Collier County Commission has participated in the Department of Transportation grant programs in 1989, 1990, 1991, 1992, 1993, 1997, 1998, and 1999. 2. The Department of Transportation grant funded projects have proven to be valuable to Collier County. 3. The Department of Transportation has allocated $88,600 to Collier County for State F/Y 2000 for first year funding for the Immokalee D.U.I. Enforcement Project to be implemented by the Sheriff's Office. 4. The Department of Transportation requires the Collier County Commission to be the coordinating unit of government. 5. The Collier County Sheriff's Office requests that the County Commission execute the necessary documents to allow the formal application process for first year funding to be submitted. 6. To streamline procedures, to save Board of County Commission time, and to reduce paperwork and personnel time in preparing executive summaries, an all inclusive request is being made for grant application/award procedures. 7. Board authorization is being sought to accept the grant when awarded and to approve, upon award, applicable budget amendments. FISCAL IMPACT: 100% awarded by the State for fiscal year 1999/00. An award is expected effective October 1, 1999. " AGENDA ITEM No., \l~' 1999 GROWTH IMPACT: This grant is a continuing three year grant program that requires reapplication each fiscal year. This first year grant period is for October 1, 1999 through September 30, 2000. If the grant funds are terminated or other grant funding is not available at the end of the third year, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION: That the Collier County Commission endorse the Subgrant Application for Highway Safety Funds application for first year funding for fiscal year 1999/00, and upon award, accept the grant and approve applicable budget amendments. PREPARED BY: APPROVED BY: DATE: ""~C-' i ~t~ .... . , cryst~l K. Kinzel, Finance DireCtor September 13, 1999 jh/duiilxs AGENDA ITEM No.l,.' J:',7,, _ ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: September 13, 1999 To: From: Re: Office of the County Attorney Attention: Thomas Palmer, EsQ. Crystal K.~e~Kinzel ~~ Finance Director (Title) Finance Division Sheriff's Office (Division) (Department) Florida Department of Transportation qrant application (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe prcblem and give background information - be specific, concise and articulatel . The Florida DOT requires the Collier County Board of Commissioners to be the applicant agency for the fiscal year 2000 U. S. Department of Transportation Highway Safety Funds Grant. The Sheriff's Office is the implementing agency for the grant. Fiscal year DOT 2000 funds are sought for a first year Sheriff's Office Immokalee D.U.I. Enforcement Project grant. Board approval is being requested to execute the application documents, and upon award, accept the grant and approve applicable budget amendments. (Are there documents or other information needed to review this matter? yes, attach and reference this information). If THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previcusly submitted, provide County Attorney's Office file n~mber.} ACTION REQUESTED: {Ee very specific. Identify exactly what you need in the way of legal services. ) Legal approval of documents. OTHER COMMENTS: C: Don Hunter, Sheriff Ali requests must be copied to your appropriate Division Head or Constitutional Officer. ) jh/leduiil AG'I~ N D~. ITE~ No, r(¢ :t b ,. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS FORM 500-065-01 SAFETY OGC. 06/99 or D. O. T. Use On/y Project NUmber: DOT Contract Number: Federal Funds Allocated: Date Approved: i Subgrant Period: Date Revised: i Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project T~le: Immokalee D.U.I. Enforcement Project 2. Type of Application: (~) Initial O Continuation 3. Requested Subgrant Period: October 1, 1999 4. Support Matching Sought: $88,600 Share: -0- to September 30, 2000 Total Budget: $88/600 cAcPlPlli~ant~gen~y(Subgrantee): let ~oun~y Board of County Commissioners 3301 East Tamiami Trail, Building F Government Complex Naples, Florida 34112 ImRlementing Agency: CoIlier County Sheriff's Office 3301 East Tamiami Trail, Building J Government Complex Naples, Florida 34112 Telephone: 941-774-8393 Telephone: 941-774-4434 7. Federal ID Number: 59-6000-558 8. State SAMAS Number (State Agencies Only) N/A 9. 10. ChiefFinancialOfficer: James Mitchell 3301 East Tamiami Trail Courthouse Plaza III/2 Naples, Florida 34112 ProjectDirector: Chief Jackie Kline 3301 East Tamiami Trail, Building J Telephone: 941-774-6179 Government Complex Naples, Florida 34112 Telephone: 941-774-4434 Funds Prowded by U.S. Department of Transportation, Na#onal Highway Traffic Safety Administration, Catalog Number- 20.600, State and Community Highway Safety Program. 11. Project Summary: Briefly describe the problem and the proposed solution. The Collier County Sheriff's Office is seeking this grant to support one DUI Deputy position to address DUI enforcement problems in the northeast Collier County farming community of Ir~nokalee. This Immokalee dedicated DUI Deputy and other DUI Deputies will provide DUI enforcement five to six days a week. Other enforcement officers will conduct combined es f otc ement effort: - °n~o.~~ ~r%%s t combat the DUI problems in the Immokalee area. f Federal Document Assistance FORM 500*06501 SAFETY OGC - 08/99 Part I1: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected tr result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. EvaluaUon 5. Milestones (Use form provided) State below and use continuation pages as necessary. IMMOKALEE D.U.I. ENFORCEMENT PROJECT 1.. Statement of Problem Immokalee is a sn~ fimning community in northeastern Collier County with a permanent population of 5,000 people. During the farming season the population can increase to approximately 15,000 to 20,000 people. Many of the seasonal workers do not have driver licenses and drive while impaired. In 1998, seven (7) people died in crashes. Alcohol was a factor in five (5) of the deaths. Five hundred forty nine (549) crashes occUrred in Immokalee in 1998 and 214 of them were alcohol related. These figures are higher than in 1997, with 413 total crashes, 120 alcohol related crashes, and 4 fatalities. The most number of crashes occurred from Friday at 9 PM through Sunday at 3 AM. Most of the crashes occur during the months of August through April when the population swells with seasonal farm workers. 2. Proposed Solution The Collier County Sheriffs Office Immokalee DUI enforcement Deputy will enforce impaired driving laws in the Immokalee area. The Deputy will be trained in the apprehension of impaired drivers and his work schedule will provide coverage on primarily weekend nights. The Deputy's vehicle will be equipped with a video camera and radar. The S~dffs Office DUI public awareness programs will be enhanced and expanded to Immokalee. Presentations on impaired driving will be made at schools, civic organizations and business groups. The Immokalee DUI Deputy will have the assistance of current DUI Deputies with these presentations. Two (2) DUI traffic checkpoints will be conducted in the Immokalee area in fiscal year 2000. Saturation patrols w/th current Deputies assigned to DUI Enforcement will assist in the patrols. 'IAGENDA ITEM -- No, t(,' xz~ . S i? 2 U 1999 ,% FORM 500-065.01 SAFETY OGC - 08f99 2. 3. 4. Objectives To increase DUI arrests in the Immokalee area by 30% in the fiscal year 2000. To investigate DUI crashes in the Immokalee area. To be involved in DUI sobriety checkpoints in the Immokalee area. To use programs to heighten public awareness in the Immokalee area.. 4. Evaluation Departmem of Highway Safety and Motor Vehicles data will be used by the Sheriffs Office to evaluate the success of the Inar~kalee D.U.I. Enforcement Project. The main focus of the evaluation will be the number of DUI arrests. Evaluation sources will also include local statistics. The results on the citations issued and the effectiveness of the DUI checkpoints and public awareness programs will also be reviewed. The number of DUI citations, checkpoints and public awareness programs will be measured for effectiveness. 5. Milestones (see [orm provided) jh/a:duiOpn - ' AGENDA ITEM No,_~L~ ~ % _ Pg,_ , Form Safe~ OGC-OSg9 Timetable for Milestones Milestones Quarter 2nd Quarter 3r~ Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP ACQUIRE POSITION X X X EQUIPMENT ACQUIRED X X X TRAIN DEPUTIES X X X X X X CONDUCT CHECKPOINTS XX XX CONDUCT PUBLIC AWARENESS X X X X X X X X X MONITOR / EVALUATE PROGRAM X X X X X X X X X X X X FINAL REPORT X ~k~EN~'A ITEI~ No, ~' ...~: ,~- Ii 4 FORM 500-065.O1 SAFETY OGC - 08/99 Part II1: PROJECT DETAIL BUDGET 3ject T~le: Immokalee D.U.I. Enforcement Project Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services Basic Salary for one officer $32,200 $32,200 Benefits for one officer $16,100 $16,100 Sub-total $48,300 $48,300 B. Contractual Services Sub-total 0 0 Expenses D.U.I. Training $1,000 $1,000 Sub-total $1,0 00 $1,0 00 D. Operating Capital Outlay One law enforcement vehicle with $39,300 $39,300 light bars, mobile & portable radic 3, mobile data computer, radar unit, cage, console, organizer, in-car video system, shot gun rack, mark- inqs, & intoxilizer. Sub-total $39,300 $39,300 E. Indirect Cost Sub-total 0 0 "~ AGE'i~DA ITEM No, oral Cost of Project $88,600 $88,600 Budget Modification Nu nber.~ Effective Date:. 5 Pg' FORM 500-O~5-01 SAFETY OGC - 08/99 BUDGET NARRATIVE Project Title: Immokalee D.U.I. Enforcement Project Project Number: Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Personnel Services Costs to be reimbursed by this category include the base salary and benefits for one Deputy. Benefits include incentive, health insurance, life/dism, insurance, retirement, social security and workers compensation insurance. Federal Local $48,300 -0- Expenses Costs to be reimbursed by this category include registration and travel costs for DU.I. related training classes. Operatine Caoital Outlay Costs to be reimbursed by this category include one fully-equipped vehicle including fight bars, mobile radio, portable radio, mobile data computer, radar unit, cage, console, organizer, in-car video system, shot gun rack, push bumpers, markings and intoxilizer. Total $1,000 -0- $39,300 -0- sss,6oo -g- jh/a:duiOObn Budget Modification Effective Date: AGENDA No, 1999 lumber: Pg. FORM 500-065-01 SAFETY O~C - 08/99 ~.Quarterly Progress Report Narrative for the Part IV: REPORTS quarter. ,~ectTffle: Immokalee D.U.I. Enforcement Project I 'Project Number: Implementing Agency: Collier County Sheriff' s Office Project Director: Chief Jackie Kline Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. NO,,, t -.-~ 2 1999 pg. I~_~ I FO~M 500-0~5-01 SAF~-TY OGC. O8/99 QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. Project T~le: Immokalee D.U.I. Enforcement Project Project Number: Implementing Agency: Collier County Sheriff'~ Offic~ Project Director: Chief Jackie Kline Milestones Accomplished Performance Indicators Quarter Quarter Six-Month Quarter Quarter Project Ending Ending Totals Ending Ending Totals December 31 March 31 June 30 September 30 Number of DUI arrests Number of checkpoints Number of criminal citations Number of other citations Numbe~ of Public Awareness Presentations A(~ENDA I1 EM SF.P 2 FORM 500-065-01 SAFETY OGC - O8/99 ~_[ Final Narrative Report project Title: Immokalee D.U.I. Enforcement Project .roject Number: Implementing Agency: Collier County Sheriff's Office Project Director: Chief Jackie Kline The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. It is an accurate accounting of the project performance and accomplishments. (Attach additional sheets as needed.) AGENDA ITEM FORM 500~5-01 SAFETY OGC - 08~J='~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE Part V: ACCEPTANCE AND AGREEMENT Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms and conditions shall become binding. Noncompliance may result in loss of, or delays in cost reimbursement. The term subgrantee as used in Part V refers to the subgrantee and its implementing agency. Part I through Part IV, attached to this agreement, are incorporated by reference herein. Reports. The subgrantee shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31, and October 31 if there was subgrant activity during the quarter prior to the deadline. The subgrantee shall submit a Final Narrative Report, giving chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31, unless the State Safety Office extends the subgrant period due to late award of the subgrant. Requests for reimbursement may be returned to the subgrantee unpaid if the required reports are past due. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting procedures which assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project will be disbursed in accordance with provisions of the project budget as said budget was approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; National Highway Traffic Safety Administration (NHTSA) Order 462- 13A, Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State and Local Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter referred to as Applicable Federal Law). All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. The subgrantee, by entering into this agreement, certifies that it meets and will comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant, Compliance with Chapter 287, Florida Statutes. The subgrantee agrees to satisfy all requirements provided in Chapter 287, Florida Statutes, and other applicable state law. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all subgrantee's consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee. Approval of the subgrant agreement does not constitute approval of a consultant or contractor agreement. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. AGENbA ITEM No, ~ '~'~ - lO FORM 500-065-01 SAFETY OGC - 08/99 Travel. Travel costs for approved travel will be reimbursed in accordance with regulations applicable to the subgrantee, and the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All travel for out-of-state or out-of-grant-specified work area shall require written approval of the State Safety Office prior to the commencement of actual travel. Written Approval of Changes. The subgrantee must obtain prior written approval from the State Safety Office for changes to the agreement. For example: (a) Changes in project activities, goals and objectives, or research plans set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee will be subject to the availability of Federal Highway Safety funds and an annual appropriation by the Legislature. As approved in 49 CFR, Part 29, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee shall submit the required certification by consultants with awards in excess of the small purchase threshold (currently $25,000). Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee will report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee to the State Safety Office. If the statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, may extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's consultants and contractors which shall be attributed to the subgrantee, the subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee in writing to procure such supplies or services from other sources, and (3) the subgrantee shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised according y. - A(~ENDA ITEM NO. \"' '~ '~ S F. ? 2 F'g FORM 500.065-01 SAFETY OGC - 08, ~'9~ 11. 12. 13. 14. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee or approved contractor or consultant performs the service required, or when goods are received by the subgrantee, notwithstanding the date of order. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the subgrantee's consultant(s) or contractor(s) and supplier(s), the Department shall impose such sanctions as it deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee of such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. Access to Records. The Department, NHTSA, Federal Highway Administration (FHWA), and the Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee, and to relevant books and records of subgrantee and it's consultants and contractors under this agreement, as provided under Applicable Federal Law. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee in conjunction with the subgrant. Audit. Acceptance of this agreement constitutes subgrantee assurance that all audits shall be conducted under the guidelines of OMB Circular No. A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. For fiscal years beginning on or before June 30, 1998, the reporting packages and data collection forms shall be submitted to the State Safety Office program manager by the subgrantee within the earlier of 30 days after the receipt of the auditor's report, or 13 months after the end of the subgrantee's fiscal year. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the eadier of 30 days after the receipt of the auditor's report, or nine months after the end of the subgrantee's fiscal year. For audits conducted only under Section 216.349, Florida Statutes, the report is to be submitted within the eadier of 30 days after the receipt of the auditor's report, or 12 months after the end of the subgrantee's fiscal year. The date the audit report was delivered to the subgrantee must be indicated by the subgrantee in correspondence accompanying the audit report, or reporting package, and data collection form. The subgrantee shall follow up and take corrective action on audit findings. OMB Circular A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. The subgrantee shall also submit required audit documentation as follows: A reporting package and a data collection form for all audits conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10th Street, Jefferson, IN 47132. Reports of Audits conducted in accordance with Section 216.349, F.S., and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General, P.O. Box 1735, Tallahassee, FL 32301- 1735. Failure to furnish an acceptable audit as determined by the State or cog: be a basis for denial or refund, or both, of Federal funds. Federal funds be misspent must be refunded to the Department, regardless of disclos~ 12 :leteN0[~art re in the audit report. f may nent I FORM 500.065-01 SAFETY OGC. 0~99 16. 17. 18. 19. 20. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (Department Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. Requests should be submitted on a regular basis as costs are incurred and payment is made. All requests for reimbursement for Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more must be accompanied by a Non. Expendable Property Accountability Record (Department Form No. 500-065-09). Payment of the Operating Capital Outlay costs will not be made before receipt of this form. A final financial request for reimbursement must be submitted to the State Safety Office within 30 days after the end of the subgrant period. Such request must be distinctly identified as Final. Failure to comply will be grounds for forfeiture of reimbursement. Retention of Records. All records and financial documents must be maintained for a minimum period of three years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records also must be maintained and accessible in accordance with Section 18.42 of 49 CFR 18 or Section 19.53 of 49 CFR 19. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of Section 18.34 of 49 CFR 18, Section 19.36 of 49 CFR 19, or OMB Circular A-110, Attachment N, Paragraph 8. Property Accountability. The subgrantee shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in Section 18.32 of 49 CFR 18, Section 19.34 of 49 CFR 19, or OMB Circular A-110, Attachment N. This obligation continues as long as the property is retained by the subgrantee, notwithstanding the expiration of this agreement. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concemed. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee shall proceed diligently with the performance of the agreement and in accordance with Department's decision. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above must include the following statement on the cover page: - -- AGE'IDA ITE'~ FORM 500-065-01 SAFETY OGC. 08/99 22. 23. (1) I This report was prepared for the State Safety Office, Department of Transportation, State of I Florida in cooperation with the National Highway Traffic Safety Administration, U.S. I Department of Transportation and/or Federal Highway Administration, U.S. Department of ~ Transportation. ~ (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation or any other agency of the State or Federal Government. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee agrees to comply with E.O. 11246, as amended by E.O. 11375, and as supplemented by 41 CFR part 60. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to the negligent acts of subgrantee, and its contractor, consultant, agents and employees. The subgrantee shall be liable for any loss of, or injury to, any material developed or serviced under this subgrant agreement which is caused by the subgrantee's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. 24. Disadvantaged Business Enterprises (DBE). 25. (a) The subgrantee agrees to the following assurance: The subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the awal and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The subgrantee shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. The subgrantee's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (b) The subgrantee agrees to include the following assurance in each contract the subgrantee signs with a consultant or contractor and to require its consultant or contractor to include this assurance in all subcontract agreements: The subgrantee's consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the subgrantee or the Department deems appropriate. Restrictions on Lobbying. The subgrantee agrees to comply and require it's consultants and contract 20, New Restrictions on Lobbying, for filing of certification and disclosun .1.4 AGENDA ITEM )rs tbte'-.nmp~¥ with 49 CFF forms. \L" ~ % p~ pg. ['~ , FORM 500-065-01 SAFETY OGC - 08/99 No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds must be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review and written approval for reimbursement. The name of the subgrantee and its logo can be used on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. 29. Term of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shall end on September 30, following, unless so stipulated by the State Safety Office. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et sef.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et sef.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel. The head of any subgrantee receiving first year funding for a new position(s) through this agreement shall provide written notification to the State Safety Office that a new position(s) has been '" created in the agency as a result of the subgrant being awarded within 30 days of the agreement being ~ awarded. Any and all employees of the subgrantee whose positions are funded, in whole or in part thrOugh this agreement, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee. 32. 33. 34. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. The State Safety Office, on behalf of the USDOT, may repossess any equipment purchased with Federal highway safety funds that is not being used by the subgrantee for the purposes described in the subgrant agreement. Items that are repossessed will be disbursed to agencies that agree to use the equipment for the intended activity. Replacement or Repair of Equipment. The subgrantee is responsible for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. Ineligibility for Future Funding. The subgrantee may be ruled ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, AGENDA I"'~"EM S z, 2 1999 15 FORM 500-0~5-01 SAFE'r'Y OGC - 08/99 (c) (d) (e) (f) 35. Failure to provide required quarterly and final reports in the required time frame, Failure to perform work described in Part II of the subgrant agreement, Providing fraudulent quarterly reports or reimbursement requests, Misuse of equipment purchased with Federal highway safety funds. Special Conditions. 16 ' AGENDA iTEM NO, t~''' '~ '-':~ SE? 2 8 1999 LPg FORM 500-06~01 SAFETY OGC - 08/99 PROJECT NUMBER: ,TNE$S WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D.O. T. Use Only) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Collier CountY Board of Commissioners Name of Applicant Agency Typed By: By: Signature of Authorized Representative Pamela S. Mac'Kie ' Title: Authorized Representative's N~me'"Typed Date: Title: Chairwoman, Collier County Co~nission J~ttest: Date: Attest: Signature of W'Eness FEDERAL FUNDS ALLOCATED ADMI~PLEMENTING AGENCY Approved as to form, legality for the Department of Transportation by: Don Hunter Administrator's Name Typed Title: Sheriff, Collier .,County Attorney " A~ENbA I~EM - iNOTE: No whiteout or erasures accepted on this signatul e page. 17 Approved as to form & legal suffic~,~ncy RECYCCEOPAPER ~ A~lst~t County Attorney EXECUTIVE SUMMARY ~"'"~' PPROVAL OF A LEASE AGREEMENT WITH WILLIAM F. HINIKER AND CAROLE ANN HINIKER OR USE BY THE SHERIFF'S OFFICE PUBLIC INFORMATION OFFICE. OBJECTIVE: Requesting approval of a Lease Agreement between Collier County ("County") and William F. Hinkier and Carole Ann Hiniker for office space to be utilized by the Sheriff's Office Public Information Office. CONSIDERATION: The Sheriff's Office is in need of a temporary office to accommodate the Public Information Office presently occupying Building "A" until new office space is provided the Sheriff at the Government Center. An office at Corporate Square on Radio Road has been located for an October 15t~ occupancy. The office is approximately Five Hundred Fifty (550) square feet and requires no improvements to be made. The Lease term shall be for one (1) year with annual renewals. The Lessor has agreed to pay all utilities to the office, including water, electricity and common area maintenance charges. The monthly rent is One Thousand Forty-five Dollars ($1,045.00). After the first year of occupancy, the County shall be granted the right to terminate the Lease by providing the Lessor with a thirty (30) day termination notice. Since the office is needed by the Sheriff's Office for October 15, 1999, the Lease Agreement is in the process of being reviewed by the Lessor and the Office of the County Attorney. It is requested that the Board of County Commissioners approve this Lease and authorize its Chairwoman to execute the Lease Agreement at a later date, to be forwarded by memorandum, following final review and approval by the Office of the County Attorney. FISCAL IMPACT: The annual rent of Twelve Thousand Five Hundred Forty Dollars ($12,540.00) shall be "~',4thdrawn from the following account: Fund: 001 Cost Center: 061010 Object Code: 644100 (General Fund) (Board of County Commissioners Transfer) (Rent Buildings) for Sheriff- Law Enforcement in lieu of GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners authorize the leasing of the office space at Corporate Square for the Sheriff's Office Public Information Office, authorize its Chairwoman to execute the Lease Agreement following final review and approve by the Office of the County Attorney and approve any and all Budget Amendments required for payments. Michael H. Dowling, Real Propertlr Speci~ist, Re~roperty Management DePartment REVIEWED BY: ~" ~ ~""REVIEWED B~ ~ ~ DATE: ve Assistant, Collier County Sheriff's Office iff, Collier CounW No. - SEP 2 1999 EXECUTIVE SUMMARY ~"'"~' PPROVAL OF A LEASE AGREEMENT WITH WILLIAM F. HINIKER AND CAROLE ANN HINIKER OR USE BY THE SHERIFF'S OFFICE PUBLIC INFORMATION OFFICE. OBJECTIVE: Requesting approval of a Lease Agreement between Collier County ("County") and William F. Hinkier and Carole Ann Hiniker for office space to be utilized by the Sheriff's Office Public Information Office. CONSIDERATION: The Sheriff's Office is in need of a temporary office to accommodate the Public Information Office presently occupying Building "A" until new office space is provided the Sheriff at the Government Center. An office at Corporate Square on Radio Road has been located for an October 15t~ occupancy. The office is approximately Five Hundred Fifty (550) square feet and requires no improvements to be made. The Lease term shall be for one (1) year with annual renewals. The Lessor has agreed to pay all utilities to the office, including water, electricity and common area maintenance charges. The monthly rent is One Thousand Forty-five Dollars ($1,045.00). After the first year of occupancy, the County shall be granted the right to terminate the Lease by providing the Lessor with a thirty (30) day termination notice. Since the office is needed by the Sheriff's Office for October 15, 1999, the Lease Agreement is in the process of being reviewed by the Lessor and the Office of the County Attorney. It is requested that the Board of County Commissioners approve this Lease and authorize its Chairwoman to execute the Lease Agreement at a later date, to be forwarded by memorandum, following final review and approval by the Office of the County Attorney. FISCAL IMPACT: The annual rent of Twelve Thousand Five Hundred Forty Dollars ($12,540.00) shall be "~',4thdrawn from the following account: Fund: 001 Cost Center: 061010 Object Code: 644100 (General Fund) (Board of County Commissioners Transfer) (Rent Buildings) for Sheriff- Law Enforcement in lieu of GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners authorize the leasing of the office space at Corporate Square for the Sheriff's Office Public Information Office, authorize its Chairwoman to execute the Lease Agreement following final review and approve by the Office of the County Attorney and approve any and all Budget Amendments required for payments. Michael H. Dowling, Real Propertlr Speci~ist, Re~roperty Management DePartment REVIEWED BY: ~" ~ ~""REVIEWED B~ ~ ~ DATE: ve Assistant, Collier County Sheriff's Office iff, Collier CounW No. - SEP 2 1999 EXECUTIVE SUMMARY AGREEMENT AND BUDGET FOR PARTIAL FUNDING OF LEGAL AID SOCIETY. OBJECTIVE: For the Board to consider the approval of an agreement with the Collier County Legal Aid Society, Inc. ("Legal Aid Society"). CONSIDERATIONS: On June 16, 1998 the Board approved Collier County Ordinance No. 98-57 to provide for partial funding for a legal aid office in Collier County to assist qualified indigent residents of the County with family law legal problems. The Ordinance established service charges/filing fees in probate matters and in civil actions filed in the County and Circuit Courts. A fund has been established for this partial funding of a legal aid office and the associated budget shall be approved annually by the Board. The attached Agreement sets forth the County funding commitments under the Ordinance as well as the Legal Aid Society requirements in regard to the establishment of the office and the related budget. FISCAL IMPACT: The total fiscal impact of this Executive Summary is $122,000. The budget as delineated below will be established in a separate trust fund for this program. The estimated $100,500 generated by the imposition of the service charges/fees will support contracted services with the Legal Aid Society. Expenditures: Operating Expenses (Contracted Services) Total $122,000 $122,000 Revenues: Carry Forward Interest Service Charges/Fees Revenue Reserve Total $ 26,100 500 100,500 (5.100) $122,000 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider approval of the attached Agreement with the Legal Aid Society; and that the Board authorize the Chairman to sign said Agreement if approved. PREPARED BY:~~~'~'Date: Ra'~ro Mafialich,~C'hie£ - - Assistant County Attorney David C. Weigel ~ County Attorney Date: h:Gaii~ExSum-Legal Aid-RM-99 2 AGENDA ITEM r SEP 281 9 Pg. ~ AGREEMENT FOR COLLI~R COUNTY PARTIAL FUNDING OF TRE COLLII;R COUNTY LEGAL AID SOCIETY, iNC. THIS AGREF..MENT is entered into this ~ day of ,1999 by Collier County, Florida, a political subdivision 'of the State of Florida, throush its Board of County Commissioners, hereinatter refened to aa the "County", and the Collier County Legal Aid Society, Inc., d/b/a/the Legal Aid Society of Collier County, a Florida not-for profit corporation, hereinafter referred to as "Legal Aid Society". WITNESSETtI: WHFRF. AS, on 2une 16, 1998, t~e County approved an ordinanoe providing for partial funding for a lesal aid office in Collier County; and, WHE~S, the Collier County Bar Association has led the local effort to establish the Legal Aid Society to assist qualified indigent residents of Collier County with family law legal problems; and, WH~, the County, m Collier County Ordinance No. 98-57, specifically found tha~ providing ~nding assistance for the Collier County Bar Association's efforts to establish and maintain a legal aid office helps to address a public need and serves a lawful and necessary public WItF..R.EAS, the Legal Aid Society is a private, not-for=profit corporation created through the efforts of the Collier County Bar Association to serve as the office which will address the legal needs of qualified indigent residents of Collier County resarding family law leg, al problems; and, WHEREAS, it is in the best interest of the County to enter into a contract with the Legal Aid Society to conduct activities in accordance with thc terms and conditions set forth herein; and, WHEREAS, the County, through Collier County Ordinance No. 98-57 has approved service charge~/filing fees which aze authored by Florida Statutes to be used exclusively for the purposes of esiablishin& staffing, equipping, furnishing and operating a legal aid office for the representation of qualiSed indigent residents of Collier County. Speciflc, ally, the County has approved a service charge of $10.00 in probate matters, a fee of $10.00 for each dvil a~tion Eled in the Circuit Court and a service charge ors10.00 for civil actions in County Court. NOW, THEREFO1LE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree aa follows. SEP 2 8 1999 Pursuit to Collier County Ordinance No. 98-5'/, and as authorized by Sections 28.2401, 28.241 and 34.041, Florida Statutes, the County hereby establishes tho attached budget (Exhibit A) for ~¢ purpose of ~ssisting with partial funding to establish, struT, equip, furnish and operate a legal aid office for the r~presenlation of qualified indigent residents of Collier County. Said budget for ~xpenditures shall be established annually by the County. 2. COUNTY PAYMENT OF LEGAL AID SOCIETY Pa~ents t'or expenditures ,hall be n~d~ bi-w~kly upon the pr~ion of proper invoice~/receipts to the Collier County Financ~ Department by the Legal Aid Society. 3. LEGAL AID SOCIETY REOUIREMENTS. In performing Otis Agreement, the Legal Aid Society shall: representation problems. a. establish, s~fi~, equip, furnish and operate a legal aid offic~ for the of qualified indigent residents of Collier County who have family law legal b. use its best ~ns to obtain hi~h quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the budget attached hereto as Exhibi'~ "A". c. set as an independent contractor in the performance of this Agreement. d. furnish the County Administrator and Clerk of Courts with a semi-annual (5/15 and 11/15 of each budget year) narrative progress report on thc program as h relates to this agreement. e. provide to the County evidence of legal professiomd liability insurance with limits of not less than $500,000 for each claim. Said insurance shall be underwritten by a carrier ac~ptable to the County. f. provide the County and the Clerk of Courts with full and complete access to aH financial records including its budget, private funding sources, expenditures and all financial a~tivities. The Legal Aid Society shall keep orderly and complete records of its financial a~-,ounts and tinancial trnnsau-'tions involving the fimds provided to the Legal Aid Society under this Agreement. The Legal Aid Society shall open these records to inspection by County personnel at reasonable hours during the entire term of the At~reement. Any person duty authorized by the County shall ~ve fi~ll access and the right io ex~mine any of these records during the term of the Agreement and up to three (3) years thereafter. The provisions of this NO. pg,. X~t , ps.graph ~hall survive the termination of this Agreement a~ to the risc. al yeats, or portions thereof, during which this Agreement is in effect. 8- to the extent perrnittcd by law, defend, indemnif7 and hold harmless the County from and aga~st all claims, damages, losses and expenses, including reasonable attorney's fee~ and costs, arising out of or resulting from the'performance by the Legal Aid Society of its responsibilities under thls Agreement. h. not assign or subcontract any of the services which are the subject of this Agreement without obtaining written consent from the County in advance of said assignment or subcontracting. Said consent shall not be unreasonably withheld by the County. i. not discriminate against any employee or person served under this Asreement on the basis of race, color, sc'x, sexual orientation, age, religion, an~stry, national origin, handicap or marital status. j. comply with ali applicable safety laws, ordinances, rules, relpllations, standards and lawful order of any public authority having jurisdiction over the matter in question. 4. TERM OF AGILBB~. 'the term of this Agreemem shall be for a period of one year to begin October 1, 1999 and to end on September 30, 2000, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terrrfinate, the Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of one (1) year each. 5. TER=MINATION OF A.GILEEMBNT. Should ¢ithcr party fail to perform under the requirements of this Agreement, then thc non-breaching party may terminate said Alp~ement immediately for cause. Either party may terminate this Asreement for corrve/lience with 120 day written notice to the other party. 6. NOTICES. Ail nodccs required in this A&re~ment shall be hand delivered or sent by certified mail, return receipt requested, and sent to the following addresses: AGENDA ~1 c~ S7.? 2 8 ig99 Jill Burzynski, Esq., President Lesal Aid Society c/o Burzyaski & PfeufFcr 119-4 Oood]ette Kosd Naples, Florida 34~02 Office ofthe County Attorney 3301 East Tarni~mi Trail Building "F", 8th Floor Naples, Florida 34112 7. AMEND1V~NTS TO THIS AOREEMENT. Any amendments, alterations, v~ziations, modific~tion~ or w,,iwr$ of pr. ovisiom of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the offs/ual of this A~'eement. S. WAIVER. Waiver by either party of the breach by the other party of' any provisions of this Agreement shall not be d~rncd a waiver of ~'ty other or subsequent breaches and shall not be construed to be a modification of the terms of'this Agreement. IN WITNESS WI~-REOF, the parties, through their duly authorized representatives, have ~x~-uted this Agrecrn~nt on the dates set forth above. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC.lB, CHAIRWO~ 4 WITNESSES: TI~ COLLIBR COUNTY LEGAL AID SOCIETY, INC. d/b/~/~ LEGAL AID SOCIETY OF COLL~-K COUNTY, a Florida not-for-profit corporation .Till Burzynsld, Esq. President Title (corporate seal) Appro',~d s~ to ~nn and leg~! s~ici~nc~ a~ lo Collier Coua~7: Clti~f A~i~-~ Co~, Attorney Legal t=ur~i 652 FY 98/99 Forecast Appmp~, tlon Unit Ex ,p~v Personal Services $ - Operating Expenses $ 74,900 Cepital Outlay Transfer $ Totel Appropriations $ 74, 900 R~Yeflue Filing Fee $ 100,500 Interest/Miscellaneous $ 500 Car~ Forward S Revenue Rese~e $ - To~ Revenue $ FY 99/00 FY 99/00 Current Expanclecl .~er~e. . $ $ 121,969 $ - $ $ $ - $ 12f, gt~g $ - 100,500 $ 5OO $ 26,069 (5,'~ .00) S ,- 121,969 $ - FY Totel . 121,969 ' lO.O,5oo 500 20 (5,1oo) 121,969 9~ Budget Change NIA NIA N/A N/A N/A N/A N/A EXHIBIT "A" AOENoA ~,. '~ SE? 2 8 1~9 EXECUTIVE SUMMARY MARCO ISLAND EXECUTIVE AIRPORT DELIMITATION OF FOOTPRINT OBJECTIVE: To delimit the footprint of the Marco Island Executive Airport consistent with the Airport Master Plan. CONSIDERATION: The Airport Authority has reached an agreement with the Conservancy and other environmental groups which among other things calls for a binding resolution that limits the airports growth and impact to that identified in the Airport's Master Plan. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: Consistent with Growth management Plan RECOMMENDATION: Adopt Resolutic~No.fO~ // ,~ Executive Director ~ REVIEWED BY: Tom ;!lm~er,¢, Assis?nt~cc~Y REVIEWED BY: Comer Lounty A~rport Authority H:DelimitationFootprintExec AGENDA [TEM No,_i_ (z Y--~' pg ~ ..... 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2,1 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 `12 43 ,14 46 `17 48 `19 50 51 52 53 54 55 RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING TO THE GREATEST EXTENT NOW OR HEREAFTER ALLOWED BY LAW, THAT DEVELOPMENT AT THE MARCO ISLAND EXECUTIVE AIRPORT SHALL NEVER OCCUR OUTSIDE OF THE GEOGRAPHIC CONFINES OF THE DEVELOPMENT FOOTPRINT NOW EXISTING IN THAT A/RPORT'S MASTER PLAN WHEREAS, A Long Range Master Plan exists for development of the Marco Island Executive Airport; and WHEREAS, an Airport Layout Plan ("ALP") that depicts the ultimate build-out development of the Marco Island Executive Airport is a part of that Master Plan; and WHEREAS, the Collier County Conservancy and four (4) other "conservation groups" noted in a one (1) page Memorandum of Understanding, dated July 23, 1999, have requested assurance from the Collier County Board of County Commissioners that all development of said Airport shall remain in perpetuity within the current development footprint of the current Master Plan, except to the extent, if any, that the Collier County Conservancy, or its then successor in function, may from time-to-time authorize in writing. NOB', THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: The development footprint of Marco Island Executive Airport, as such foOtprint is depicted in the ALP attached hereto as Exhibit A, and by reference is incorporated herein, shall never be expanded in geographic area outside of the current footprint except to the extent, if any, that the Collier County Conservancy or its then successor in function may from time-to-time authorize in writing. However, this Resolution does not limit the County's then legal obligations, if any, to install facilities, such as aids to navigation, outside of said footprint, but only to the extent that such facilities are then required by law to safely operate aircraft into and/or out of the Airport. This Resolution adopted this ~ day of second and majority vote favoring adoption. ,1999, after motion, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR/DA Approved as to form and and legal sufficiency: Assistant County Attorney H :bec M 1. Footlarin tRes By: PAMELA S. MAC'KIE, Chairwoman AGENDA ITEM 5£? 2 ~ 1999 PO. ~ ~ ~cc AGENDA S '- r'-~.2- ~ 1999 J EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 1998-99 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 1998-99 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 1998-99. Each of these budget amendments has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summary at the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries which were previously considered and approved by the Board contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 1998-99 adopted budget. Prepared by: 14'/"~ c2~'Y -J~~ Date: Michael Smykowski, OMB Director Approved By: Robert F. Fernandez, County Administrator Date: AGENDA ITEM No. 17(.-f4') SEP 2 8 1999 Pg. COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1998-99 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on September 28, 1999, at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget, 2nd Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Florida Pamela S. Mac'Kie, Chairwoman Budget Amend. Fund No. No. Fund Title Change Amount Fund Total 99-015 136 99-018 320 Golden Gate Beautification MSTU PURPOSE: To appropriate carry forward to complete construction of landscaped medians on CR 951. Clam Bay Restoration PURPOSE: To recognize balance of developer contribution toward the Clam Bay Restoration Project. $233,442 $116,200 $436,492 $1,620,926 99-023 491 99-039 123 EMS Trust Fund PURPOSE: To recognize carry forward to purchase protective clothing. Services for Seniors PURPOSE: To recognize grant funds for in-home services for low income, elderly County 'residents. $123,396 $7,264 $427,921 $372,723 AGENDA ITEM No. SEP 2 8 1999 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-040 99-053 99-054 99-057 99-058 99-063 99-072 99-077 123 6O2 115 602 602 681 325 001 Services for Seniors PURPOSE: To recognize grant funds for in-home services for low income, elderly County residents. $1,150 Confiscated Trust Fund PURPOSE: To recognize carryforward as matching funds for the D.U.I. Enforcement Project. $28,400 Sheriff's Grants PURPOSE: To recognize grant and required matching funds for the D.U.I. Enforcement Project. $56,800 Confiscated Trust Fund PURPOSE: To appropriate carry- forward for crime prevention costs. $10,500 Confiscated Trust Fund PURPOSE: To appropriate carry- forward for the purchase of data processing equipment. $40,767 Courts Administration PURPOSE: To begin and maintain "House Arrest" residential electronic monitoring program. $25,200 Water Management-CIP PURPOSE: To appropriate carry- forward to complete Stormwater Management projects. $330,000 General Fund PURPOSE: To begin and maintain "House Arrest" residential electronic monitoring program. $67,200 $373,873 $252,392 $666,807 $262,892 $303,659 $3,235,800 $3,274,410 $129,249,070 99-078 99-080 116 080 Miscellaneous Grants PURPOSE: To provide funds for automation of Criminal Court Case Records. Supervisor of Elections PURPOSE: To pay for improvements to warehouse facility. $249,821 $16,650 $302,621 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-081 99-082 99-083 99-086 9%087 99-088 99-090 99-100 99-101 495 108 114 313 331 412 115 414 412 Airport Authority PURPOSE: To fund airport marketing program supported with TDC funds. Clean-up & Restoration PURPOSE: To recognize additional grant funds for administration of sites contaminated by petroleum products. Pollution Control & Prevention Dept. PURPOSE: To recognize administra- tive reimbursements associated with the remediation of sites contaminated by petroleum products. Gas Tax PURPOSE: To appropriate carry- forward funds for Airport-Pulling Road Bridge Project. Road Impact Fee District 1 PURPOSE: To appropriate carry- forward for Airport-Pulling Road Bridge Project. Water Capital PURPOSE: To appropriate carry- forward for Airport-Pulling Road Bridge Project: Sheriffs Grants PURPOSE: All Sheriffs Grants/Match should be budgeted in Fund 115, with any match being recorded as a transfer from Fund 602 to 115. County Sewer Capital Projects PURPOSE: To recognize carryforward for Rookery Bay Services. County Water Capital Projects PURPOSE: Recognize revenues from $200,000 Aquifer Storage & Recovery System Grant. $89,985 $53,697 $53,697 $799,529 $50,541 $129,827 $40,767 $1,500,000 $200,000 $1,459,124 $941,722 $1,680,042 $27,861,670 $12,855,083 $11,968,982 $707,574 $12,004,794 $12,168,982 AGENDA ITEM No. /7 SEP 2 8 1999 Pg. ¥ Budget Amend. No. Fund No. Fund Title Change ~. mount Fund Total 99-116 99-118 99-125 99-129 99-132 99-133 99-134 99-135 99-140 99-143 O40 6O2 313 151 123 123 123 123 001 681 Sheriff PURPOSE: To appropriate General Fund transfer to complete the Sheriffs Year 2000 compliance conversion contract. Sheriffs Confiscated Trust Fund PURPOSE: To appropriate confiscated property proceeds to purchase specialized communications equipment. Road Construction Gas Tax PURPOSE: To appropriate contributions received for Foxfire/Kings Way and Curling Avenue traffic calming. Sabal Palm Roadway Extension PURPOSE: To appropriate carryforward for engineering work order. Services For Seniors PURPOSE: To provide in-home services for low income, frail, elderly residents. Services For Seniors PURPOSE: To provide in-home nutrition services for low income, frail, elderly residents. Services For Seniors PURPOSE: To provide nutrition services for low income, frail, elderly residents. Services For Seniors PURPOSE: To provide in-home services such as case management and homemaking services. General Fund PURPOSE: To recognize grant funds to replenish supplies that were expended during Hurricane Georges. Court Administration PURPOSE: To accept Article V grant for Court Reporter expenses. $212,419 $8,355 $4,650 $42,200 $2,621 $22,039 $20,534 $164,497 $855 $19,496 $56,412,319 $312,014 $27,866,320 $74,100 $376,494 $398,533 $419,067 $583,564 $129,249,925 $3,255,296 'AGENDA ITEM No. / 7 ~-'O SEP 2 8 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-147 116 Miscellaneous Grants PURPOSE: To recognize additional grant funds to be used for volunteer recognition. $1,600 $304,221 99-148 116 Miscellaneous Grants PURPOSE: To recognize carryforward for volunteer recognition efforts. $4,100 $308,321 99-149 190 ADA Improvements PURPOSE: To recognize revenues from the snack bar to meet staffs ADA requirements. $2,415 $29,665 99-150 114 Pollution Control PURPOSE: To appropriate revenue to fulfill contract with the South Florida Water Management District. $45,000 $1,725,042 99-151 652 Legal Aid Society Trust Fund PURPOSE: To establish Legal Aid Society budget funded by filing fees. $94,900 $94,900 99-172 496 Airport Capital PURPOSE: To appropriate grants for airport capital projects. $189,000 $6,806,541 99-194 496 Airport Capital PURPOSE: To appropriate grant funds to cover mangrove clearing expenses. $33,000 $6,839,541 99-196 496 Airport Capital PURPOSE: To recognize in-kind services provided by the FDOC. $16,000 $6,855,541 99-201 99-202 99-203 99-204 99-205 99-206 99-207 99-208 313 331 333 334 336 338 339 340 Gas Tax Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee PURPOSE: To for road projects District 1 District 2 District 4 District 6 District 8 District 9 District 10 appropriate carryforward and/or adjust reserves. $3,902,379 $2,236,517 $404,580 $503 $791,530 $575,770 $20,221 $1,932 $31,769,059 $15,091,160 $8,117,753 $1,838,053 $5,318,178 $2,833,905 $695,521 $47,032 AGENDA ITEM No. /?(-,9) SEP 2 8 199§ Pg- , ~- . Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-210 99-214 99-219 99-232 99-233 99-237 99-240 99-243 99-244 99-246 001 138 190 602 115 001 111 001 602 144 General Fund PURPOSE: To use State Aid to Library to upgrade Vax Server. Naples Production Park MSTU PURPOSE: To recognize transfer to offset loss of assessment revenue due to parcel being declared exempt. ADA Improvements PURPOSE: To appropriate carryforward for handicap improvements at the County Courthouse Confiscated Trust Fund PURPOSE: To appropriate carryforward as matching funds for the COPS MORE '98 grant. Sheriffs Grants PURPOSE: Recognizes transfer used as COPS MORE '98 matching funds. General Fund PURPOSE: To recognize insurance losses in order to replace damaged Parks items, as well as private donations received. Unincorporated Area General Fund PURPOSE: To appropriate a transfer from the Community Development Fund to pro. vide for a Principal Planner position. General Fund PURPOSE: To pay higher commission to auctioneer due to more gross revenues generated from the County surplus auction. Confiscated Trust Fund PURPOSE: To appropriate carryforward as matching funds for the STOP Violence Against Women grant. Isles of Capri Fire Department PURPOSE: To appropriate carryforward for the purchase of replacement outboard motors. $48,637 $24,684 $9,426 $135,000 $135,000 $10,212 $31,000 $32,900 $30,375 $9,000 $129,298,562 $33,184 $39,091 $447,014 $842,574 $129,308,774 $12,989,775 $129,341,674 $477,389 A G'~I~7}~ M No. / '7~) SEP 2 8 199g Pg.__ Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-252 99-254 99-266 99-269 99-270 99-271 99-272 99-274 99-281 156 192 101 495 496 496 495 126 001 Immokalee Beautification MSTU PURPOSE: To appropriate carryforward and an interfund transfer to fund the completion of the SR29 landscape improvements. $160,000 Public Guardianship $10,000 PURPOSE: To recognize a transfer from Court Administration needed due to a shortfall in filing fees. Road and Bridge PURPOSE: To recognize settlement proceeds received to purchase equipment and office furniture. $94,322 Airport Authority PURPOSE: To purchase additional fuel needed to meet the increased demand at the Marco Island Executive Airport. $108,900 Airport Capital PURPOSE: To recognize grant funds to construct a T-Hangar. $41,000 Airport Capital PURPOSE: To recognize carryforward and grant revenues to construct t-hangars at the Marco Island Executive Airport. $220,000 Airport Authority PURPOSE: To recognize land lease revenue for minor operating costs and to replenish reserves. $23,900 Metropolitan Planning Organization PURPOSE: To appropriate General Fund transfer for Transportation Disadvantaged services. $140,000 General Fund PURPOSE: To appropriate reimbursement revenue for special service work performed by maintenance personnel. $34,000 $423,815 $70,900 $8,429,345 $1,568,024 $6,896,541 $7,116,541 $1,591,924 $656,275 $129,375,674 AGENDA ITEM No..._/7 1999 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-289 99-292 99-295 99-297 99-304 99-305 99-307 99-313 99-314 99-318 517 001 431 496 301 188 491 470 470 123 Group Health and Life PURPOSE: To recognize additional health billings to pay insurance claims. $855,300 General Fund PURPOSE: To recognize contributions for Collier County employee picnic expenses. $1,300 Marco Island Water & Sewer District PURPOSE: To recognize additional sewer revenue received to offset increase Florida Water Services rates for bulk sewage treatment. $29,700 Airport Capital PURPOSE: To appropriate grant revenue for Immokalee Airport capital projects $40,000 Countywide Capital Projects PURPOSE: To appropriate loan proceeds for construction of Sheriffs new Administration Building. $6,500,000 800MHz IRCP PURPOSE: To appropriate reimbursement revenue to cover costs for radio system testing, radio purchases, and maintenance costs. $11,000 EMS Trust Fund PURPOSE: To appropriate EMS grant revenue to purchase physical fitness equipment and fund bonus pay program. $11,934 Solid Waste Administration PURPOSE: To appropriate Immokalee landfill tipping fee revenue to cover landfill contract payments. $70,000 Solid Waste Administration PURPOSE: To appropriate Naples landfill tipping fee revenue to cover landfill contract payments. $1,330,400 Services for Seniors PURPOSE: To appropriate Home Care for the Elderly grant revenue. $29,440 $7,227,300 $129,376,974 $976,800 $7,156,541 $21,952,589 $1,076,100 $439,855 $25,110,628 $26,441,028 A .TM 1 SEP 2 B 1999 [ Pa. 7 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-319 99-320 99-323 99-324 99-339 99-344 99-361 99-377 99-378 99-384 123 123 126 126 410 115 602 193 198 111 Services for Seniors PURPOSE: To provide respite case manage- ment services for elderly Alzheimer's patients as funded by grants. Services for Seniors PURPOSE: To appropriate General Fund transfer and grant revenue for the Home Care for the Elderly program. Metropolitan Planning PURPOSE: To establish MPO Planning Program Budget for State Fiscal Year, July 1, 1999 - June 30, 2000. Metropolitan Planning PURPOSE: To establish MPO Planning Program Budget for State Fiscal Year. Water/Sewer Debt Service PURPOSE: To refund the Series 1991 and 1992 Bonds. Sheriffs Grants PURPOSE: To fund the STOP Violence Against Women Program funded by grants and confiscated property proceeds. Confiscated Trust Fund PURPOSE: To recognize carryforward and confiscated property proceeds to fund technical equiPment and increase reserves. Tourist Development PURPOSE: To recognize additional tourist tax proceeds to transfer to the museum. Museum Fund PURPOSE: To recognize transfer of additional tourist tax proceeds and FEMA reimbursement. MSTD General Fund PURPOSE: To appropriate reimbursement revenue from the City of Marco Island for road patrols. $505 $272,253 $428,600 $54,200 $29,535,500 $121,500 $208,513 $2,400 $3,398 $800,00( $613,509 $585,762 $1,084,875 $1,139,075 $63,592,897 $964,074 $685,902 $2,085,158 $447,098 $13.789.775 AGENDA ITEM No. / ? t,,O SEP 2 8 1999 Pg.,, /o Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-385 99-400 99-403 99-405 99-409 99-414 99-416 99-424 99-428 040 117 001 111 001 612 517 119 113 Sheriff PURPOSE: To fund costs of road patrol service to the City of Marco Island. Natural Resources Grants PURPOSE: To print and mail out County's Exotic Plant Brochure. General Fund PURPOSE: To appropriate contributions for landscaping and other improvements at Vineyards Community Park. MSTD General Fund PURPOSE: To appropriate insurance proceeds to remove a vandalized trailer and repair the area. General Fund PURPOSE: To appropriate reimbursement revenues for special services provided by maintenance personnel. Library Trust Fund PURPOSE: To appropriate private contributions for purchase of computer equipment and participation in Gates Learning Foundation. Risk-Group Health & Life PURPOSE: To appropriate transfer from the Worker's Compensation Fund to pay a higher number of health insurance claims than anticipated. Parks & Recreation Grant PURPOSE: To appropriate Summer Food Service Program grant reimbursement for increased program needs. Community Development PURPOSE: To appropriate fire plan review fees to reimburse North Naples Fire District for fire plan review services. $800,000 $1,100 $29,200 $16,347 $36,200 $58,581 $500,000 $55,500 $60,000 $57,212,319 $73,800 $129,406,174 $13,806,122 $129,442,374 $99,481 $8,582,600 $278,000 $15,179,352 AGENDA ITEM No. SEP 2 8 1999 Pg. Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-429 99-434 99-443 99-446 410 O4O 414 123 County Water/Sewer Debt Service PURPOSE: To appropriate State Revolving Fund loan proceeds for interfund transfer. Sheriff PURPOSE: To fund unanticipated expenses in the Sheriff's office. County Sewer Capital Projects PURPOSE: To appropriate interfund transfer from State Revolving Fund loan proceeds. Services for Seniors PURPOSE: To appropriate additional Medicaid waiver reimbursement revenue. $1,281,700 $840,510 $1,018,000 $21,000 $64,874,597 $58,052,829 $14,522,794 $906,762 AGENDA ITEM No. / q' SEP 2 8 1999 Pg. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-BAR-I A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 1998/99 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefor; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a nature from a source not anticipated in the budget and received for a particular purpose; and increased receipts for enterprise or proprietary funds received for a particular purpose; and WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 1998/99 by resolution pursuant to Section 129.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to the 1998/99 FY Budget described below are approved and hereby adopted and the 1998/99 FY Budget is so amended. FUND INCREASE DECREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTER.FUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 136 320 491 123 123 602 115 602 602 681 325 001 116 O8O 495 108 114 313 99-015 99-018 99-023 99-039 99-040 99-053 99-054 99-057 99-058 99-063 99-072 99-077 99-078 99-080 99-081 99-082 99-083 99-086 123,396 28,400 28,400 10,500 40,767 25,200 260,000 16,650 89,985 53,697 799,529 233,442 215,000 116,200 239,200 123,396 7,264 7,264 1,150 1,150 28,400 70,000 67,200 249,821 53,697 - 1 - 56,800 10,500 40,767 25.200 222,600 249,821 16,650 109,267 40,500 799,529 18,442' (123,000) 28,400 107,400 42,000 2~,2_0~ (19,282) 53,697 13,197 AGENDA ITEM No. / 7' £,e) SEP 2 8 1999 pg../3 , 2 3 4 5 6 7 8 9 FUND 10 BUDGET AMENDMENT NUMBERS INCREASE (DECREASE) CARRY FORWARD INCREASE OR INCREASE INCREASE INCREASE (DECREASE) INTERFUND (DECREASE) (DECREASE) (DECREASE) INTER.FUND TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 11 331 12 412 13 115 14 414 15 412 16 040 17 602 18 313 19 151 20 123 21 123 22 123 23 123 24 140 25 681 26 116 27 116 28 190 29 114 30 652 31 496 32 496 33 496 34 313 35 331 36 333 37 334 38 336 39 338 40 339 41 340 42 001 43 138 44 190 99-087 50,541 50,541 99-088 129,827 129,827 99-090 40,767 40,767 99-100 1,500,000 1,500,000 99-101 200,000 99-116 212,419 212,419 99-118 8,355 8,355 99-125 4,650 4,650 99-129 42,200 42,200 99-132 2,621 2,621 99-133 22,039 22,039 99-134 20,534 20,534 99-135 164,497 164,497 99-140 855 855 99-143 19,496 19,496 99-147 1,600 1,600 99-148 1,600 2,500 2,940 99-149 2,415 2,415 99-150 45,000 45,000 99-151 94,900 94,900 99-172 189,000 189,900 99-194 33,000 36,667 99-196 16,000 16,000 99-201 3,902,739 1,493, 301 99-202 2,236,517 2,179,935 99-203 404,580 1,021,263 99-204 503 17,320 99-205 791,530 99-206 575,770 258,914 99-207 20,221 99-208 1,932 99-210 48,637 48,637 99-214 24,684 24,684 99-219 9,426 20,507 200,000 1,160 (3,667) 2,409,438 56,582 (616,683) (16,817) 791,530 316,856 20,221 1,932 (11,081 AGENDA ITEM No. SEP 2 8 1999 Pg. lq 1 2 3 4 5 6 7 8 FUND INCREASE (DECREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTER. FUND NUMBERS TRANSFERS RECEII- EXPENDITURE RESERVES TRANSFERS 10 602 99-232 135,000 11 115 99-233 135,000 12 001 99-237 10,212 13 111 99-240 31,000 14 001 99-243 32,900 15 602 99-244 30,375 16 144 99-246 9,000 17 156 99-252 160,000 18 192 99-254 10,000 19 101 99-266 94,322 20 495 99-269 108,900 21 496 99-270 41,000 22 496 99-271 110,000 110,000 23 495 99-272 23,900 24 126 99-274 140,000 25 001 99-281 34,000 26 517 99-289 855,300 27 001 99-292 1,300 28 431 99-295 29,700 29 496 99-297 40,000 30 301 99-304 6,500,000 31 188 99-305 11,000 32 491 99-307 11,934 33 470 99-313 70,000 34 470 99-314 1,330,400 35 123 99-318 29,440 36 123 99-319 505 37 123 99-320 272,253 38 126 99-323 428,600 39 126 99-324 3,700 54,200 40 410 99-339 29,535,500 41 115 99-344 30,375 91,125 42 602 99-361 1141433 94,080 43 193 99-377 2,400 44 198 99-378 ~,400 998 3 - 135,000 10,212 41,400 7,000 22,150 185,000 10,000 45,000 64,800 41,000 220,000 5,700 140,000 34,000 1,100,000 1,525 29,700 50,000 6,500,000 37,100 11,934 70,000 1,330,400 29,440 505 272,253 428,600 57,900 30,093,400 121,500 7,700 3,398 135,000 (10,400) 25,900 30,375 (13,150) (25,000) 49,322 44,100 18,200 (244,700) (225) (lO,OOO) (27,000) (557,900) 200,813 2,400 AGENDAITEM No., SEP 2 8 1999 p~[. /.c- 1 2 INCP,~EASE 3 (DECREASE) 4 CARRY 5 FORWARD 6 BUDGET OR 7 AMENDMENT INTERFUND 8 FUND NUMBERS TRANSFERS INCREASE INCREASE (DECREASE) (DECREASE) RECEIPT EXPENDITURE INCREASE INCREASE (DECREASE) (DECREASE) INTERFUND RESERVES TRANSFERS 10 111 99-384 800,000 11 040 99-385 800,000 800,000 12 117 99-400 1,100 1,100 13 001 99-403 29,200 29,200 14 111 99-405 16,347 16,347 15 001 99-409 36,200 36,200 16 612 99-414 58,581 58,581 17 517 99-416 500,000 500,000 18 119 99-424 55,500 55,500 19 113 99-428 60,000 60,000 20 410 99-429 1,281,700 21 040 99-434 840,510 840,510 22 414 99-443 1,018,000 23 123 99-446 21,000 21,000 24 800,000 263,700 1,018,000 1,018,000 25 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the 26 minutes of this meeting for permanent record in his office. 27 This Resolution adopted after motion, second and majority vote favoring same. 28 29 DATED: 30 31 ATTEST: 32 DWIGHT E. BROCK, Clerk 33 34 35 36 By:. 37 DEPUTY CLERK 38 39 40 41 Approved as to form and 42 legal sufficiency: 43 48 Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE CHAIRWOMAN - 4 AGENDA ITEM No. / 7 SEP 2 8 1999 Pg. //., EXECUTIVE SUMMARY PUD-99-17, GEORGE L. VARNADOE, ESQ., OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING HAMILTON HARBOR, INC., REQUESTING A REZONE FROM "PUD" (Sabal Bay) TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS HAMILTON HARBOR PUD, IN ACCORDANCE WITH AN INTERLOCAL GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY, FOR A MARINA LOCATED IN SOUTH NAPLES BAY, ADJACENT TO BAYVIEW PARK, OF WHICH 21 +/- ACRES ARE LOCATED WITHIN THE COLLIER COUNTY JURISDICTION, IN SECTIONS 22, 23, AND 27, TOWNSHIP 50 SOUTH, RANGE 25 EAST. OBJECTIVE: This petition seeks to rezone a portion of the Collier "DRI/PUD" (Sabal Bay) Planned Unit Development to "PUD" Planned Unit Development. Pursuant to the terms of an Interlocal Agreement with the City of Naples approved by the Board of County Commissioners on April 13, 1999 and by the City of Naples on June 02, 1999. CONSIDERATIONS: The property is located off' of Bay, Fern and Danford Streets, south of the Southpoint Yacht Club and Windstar PUD in Section 23, Township 50 South, Range 25 East, Collier County, Florida, containing 21 acres more or less contiguous to the Corporate limits of the City of Naples. The subject land in the County is part of a larger parcel (i.e. 103 acres) lying in the City of Naples with frontage on waters of the Gulf of Mexico. This land is to be developed as a Marina facility complete with wet and dry boat berthing and storage facilities, marine repair and sales, restaurant and automobile parking spaces with provisions for trailer storage during personal boating usage. The land in the County is the principal location for automobile parking and dry storage boating facilities. The subject property is part of an existing approved DRI and PUD Development Order known as Collier DRI/Sabal Bay. Should this petition be approved the Collier DRI/Sabal Bay Development Order will have to be amended to delete 21 acres from said development approval. Approval of the uses proposed by this PUD will be consistent with the uses allowed within the urban designated, urban residential area as iljustrated on the Future Land Use Map to the FLUE to the Collier County GMP. Specifically, in the urban residential sub-district of Collier County, land may be used by water dependent and water related uses through the inclusion of other recreational uses which may benefit from the proximity to and/or integration with water-dependent and water-related uses. These principal uses may include water related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, restaurants, health clubs. Any water dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and/or other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. AGENDA ITF. J~ SEP 2 8 1999 Pg. Staff' s review of the uses authorized by the PUD and the proposed development standards are the same as those approved with the Interlocal Government Agreement approved by the Board on June 22, 1999. The Collier County Planning Commission heard this petition on September 02, 1999 and by a unanimous vote they recommended approval. No person spoke or otherwise communicated any level of objection to this petition. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, the land will be developed and that development will have an impact on County public infrastructure (i.e. roads and utilities). Impact Fees and Utility Fees are intended to offset these impacts. According to the PUD development will consist of a boat storage facility of 100,000 sq. ft. and restaurant/marina retail uses of 8,000 sq. ft. These activities will generate the following fees. Applicable Impact Fees: Roads (warehousing) Roads: (i) Restaurant (ii) Retail (iii) Offices $852.00/1000 sq. ft. = 8,388/1000 sq. ft. = 1,755/1000 sq. ft. = 2,453/1000 sq. ft. = $85,200.00 33,552.00 5,265.00 2,453.00 EMS: (i) Restaurant 500/1000 sq. ft. = 2,000.00 (ii) Retail 132/1000 sq. ft. = 396.00 (iii) Office 299/1000 sq. ft. = 299.00 Correctional Facilities: (i) Restaurant 1.7043 x 4000 = 6,817.00 (ii) Retail 1.0920 x 3000 = 3,276.00 (iii) Office 1.3260 x 1000 = 1,326.00 Fire = 0.30 x 108,000 sq. ft. 32,400.00 Radon Gas 0.05 x 108,000 sq. ff 5,400.00 BCAI 0.05 x 108,000 sq. ft. 5,400.00 TOTAL ..................$183,784.00 In addition to the impact fees described there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County utilities. .- AGENDA ITEM S:? 2 8 1999 P~,. <~ Finally additional revenue is generated by ad valorum taxes. The amount of revenue generated by the ad valorum tax depends on the value of the improvements. At this time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Regardless of lack of methodologies to determine all of the fiscal impacts of a land development project, development still concurrency relationships or limitations. When levels of service (LOS) fall below County adopted standards, a mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The rezoning request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. HISTORIC/ARCHAEOLOGICAL IMPACT: There are two archaeological sites within the project boundary of Hamilton Harbor that are designated on the Florida Master Site File. The proposed plan avoids adverse impacts to these archaeological sites and preserves them with a conservation designation. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-99-17 (Hamilton Harbor) be approved as described by the Ordinance for Adoption and Exhibits thereto. SEP281gg9 ~PARE~tBY ONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: R~BERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED 'BY: " VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE PUD-99-I 7 EX SUMMARY/mk SEP 2 8 1999 AGENDA ITEM 7-B TO: FROM: DATE: RE: AUGUST 12, 1999 PETITION NO: PUD-99-17, HAMILTON HARBOR SERVICES OWNER/AGENT: Agent: Owner: George L. Varnadoe, Esq. Young, vanAssenderp, Vamadoe 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Hamilton Harbor, Inc. 3003 North Tamiami Trial Naples, Florida 34103 REQUESTED ACTION: This petition seeks to rezone a portion of the Collier "DRI/PUD" (Sabal Bay) Planned Unit Development to "PUD" Planned Unit Development. GEOGRAPHIC LOCATION: The property is located off of Bay, Fern and Danford Streets, south of the Southpoint Yacht Club and Windstar PUD in Section 23, Township 50 South, Range 25 East, Collier County, Florida, containing 21 acres more or less contiguous to the Corporate limits of the City of Naples (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: in the County is the principal location for automobile parking and dry storage boating facil subject property is part of an existing approved DR/and PUD Development Order known 1 The subject land in the County is part of a larger parcel (i.e. 103 acres) lying in the City of Naples with frontage on waters of the Gulf of Mexico. This land is to be developed as a Marina facility complete with wet and dry boat berthing and storage facilities, marine repair and sales, restaurant and automobile parking spaces with provisions for trailer storage during personal boating usage. The land 1999 GuLF OF MEXICO 2 8 1999 DRI/Sabal Bay. Should this petition be approved the Collier DRI/Sabal Bay Development Order will have to be amended to delete 21 acres from said development approval. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and zoned PUD. Surrounding: North- To the north lies Bay Street and residential development. The land is zoned RMF-6. East - To the east the land is undeveloped and zoned PUD (Sabal Bay). South - To the south the land is undeveloped and zoned PUD (Sabal Bay). West - To the west the land is undeveloped and is located in the City of Naples and constitutes the City portion of the Sabal Bay PUD but which was never officially approved. GROWTH MANAGEMENT PLAN CONSISTENCY: Approval of the uses proposed by this PUD will be consistent with the uses allowed within the urban designated, urban residential area as iljustrated on the Future Land Use Map to the FLUE to the Collier County GIMP. Specifically, in the urban residential subdistrict of Collier County, land may be used by water dependent and water related uses through the inclusion of other recreational uses which may benefit from the proximity to and/or integration with water-dependent and water-related uses. These principal uses may include water related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, restaurants, health clubs. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and/or other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Approval of the land uses proposed by this PUD are deemed consistent with the FLUE. Evaluation of other applicable elements of the GMP are as follows: Traffic Circulation Element - Analysis for consistency needs to account for a comparison between the land uses currently authorized by the Sabal Bay PUD and the likely impact of the new uses on 21 acres of land. Analysis of traffic comparison by staff advises that the currently authorized level of development would produce significantly more automobile trips then the level of development proposed by this petition. This is confirmed by the study prepared by David Plummer and Associates, Inc. The report advises that based on the volumes from the model nm that the project did not have a significant impact on the segments of Bayshore Drive from Thomasson Dri~ to ~il'r. xt { 57.? 28 1999 and Thomasson Drive from Bayshore Drive to U.S. 41. Based on this information, no intersection capacity analysis was performed at U.S. 41/Bayshore Drive nor U.S. 41/Thomasson Drive. The roadway segments were analyzed subject to the 5% significance rule. A roadway segment is significantly impacted if development traffic represent 5% or more of the existing and committed roadway service volumes. A roadway segment is adversely impacted if the segment operates below the accepted level of service standard. Based on this analysis no roadway was significantly and adversely impacted by the project. This analysis supports a finding of consistency with the TCE. Open Space/Conservation Elements - More than sixty (60) percent of the land area of Hamilton Harbor in its entirety (include city portion) will be set aside as open space/conservation preserves (i.e. 90%). In so doing the conservation area not only responds to the threshold for open space preservation but only provides for consistency with the Conservation element. Water/Sewer & Stormwater Management Element- Project activities will be connected to the Collier County Utilities system and as such approval of the development order is therefore consistent with the sewer and water element. Storm water management permits are required from the SFWMD. Their required approval will affirm consistency with the Stormwater Management Element. HISTORIC/ARCHAEOLOGICAL IMPACT: The petitioner's property is located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, an historic/archaeological survey and assessment is required. The applicant has provided a Cultural Resource Assessment Survey that was prepared by Southeastern Archaeological Research Inc. in 1998. The survey results indicate that no archaeological or historical sites were found within the Collier County portion of the subject site. However, there are archaeological sites located within the portion of the site within the City of Naples. These archaeological sites have been placed in an archaeological tract. As a result, the PUD Document shall contain the following information: 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 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRU~: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Department staff. Staff recommendations are included in the Development commitments sections o SEP 2 8 1999 PS. ~ This petition varies fi.om the norm in the sense that our approval is limited to finding the PUD document consistent with the terms of the Interlocal agreement with the City of Naples whereby Collier County assigned the function of approving the proposed plan of development and its attendant development standards to the City of Naples. In view of this, staff is of the opinion that no point is served by completing the normal rezone findings. As a function of' approving the Interloeal agreement, however, it was determined that the development strategy we were conveying to the City of Naples was nonetheless consistent with the Collier County's Growth Management Plan. Additionally, concern that the project may not comport with sound land use planning principles is made redundant because the land included within this PUD is part of a current development order which authorizes similar or more intensive land uses than that which will be constructed in the County should this petition be ultimately approved. The City of Naples approved the project on June 2, 1999 effectively authorizing Ihe project to proceed, notwithstanding any legal challenge. Staff's review of the uses authorized by the PUD and the proposed development standards are the same as those approved with the Interlocal Government agreement approved by the Board on June 22, 1999. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-17 as described by the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan). O, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: ~ AICP PLANNING SERVICES DEPARTMENT DIRECTOR n l'aO v: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE AGENDA ITE~ SEP 2 8 1999 Petition Number PUD-99-17 Staff Report for the September 2, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: ~iiCHAEL J. BRU~T,~HAIRMAN PUD-99-17 STAFF REPORT/md AGEJ~A ITEM SEP 2 8 i999 Petition No.: APPLICATION FOR PUBLIC HEARING FOR: PUI~IEZ. OA¥ Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name Of Applicant(s): Hamilton Harbor, Inc. Applicant's Mailing Address 3003 North Tamiami Trail City Naples State Florida Applicant's Telephone # 941/261-4455 Zip 34103 Fax # 941/263-3849 Name of Agent George L. Vamadoe, Esq. Firm Young, van Assenderp, Varnadoe & Anderson, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State Florida Zip 34108 Agent's Telephone # 941/597-2814 Fax# 941/597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941)643-6968 Page f~)A I! of SEP 2 8 1999 P~. /// Disclosure of Interest Information: 1. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership N/A If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Jeffrey M. Birr, President Thomas J. Flood, Vice President Terry_ L. Flora, Vice President John D. O'Connor, Vice President & Treasurer Percentage of Ownership Hamilton Harbor, Inc. 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership N/A If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership N/A 2 o~qe3~)A rrr~ .,aP 2 B 1999 Pg. o If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N/A Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A o 7. If, Petitioner has option to buy, option, terminates, closing date. o Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 23 Township: 50 South Range: 25 East Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: See attached legal description Exhibit "A" Pa SEP 2 8 1999 Pg. ~ Size of property_: ft. X ft. = Total Sq. Ft. ~ Acres Address/general location of subject property_: Adjacent to Bayview Park. Adjacent zoning and land use: Zoning N RMF-6 S PD (Sabal Bay) E PUD (Sabal Bay) W PD (Sabal Bay) 21.0± Land Use Single and Multi-Family Dwelling Units Undeveloped; wetland conservation Undeveloped Undeveloped; wetland conservation Does the owner of the subject property own property contiguous to the subject property? Yes. If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) Section: 22, 23 and 27 Township: 50 South Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: 25 East Metes & Bounds Description: See attached legal description Exhibit "B". Rezone Request: This application is requesting a rezone from the PUD (Sabal Bay) zoning district(s) to the PUD (Hamilton Harbor) zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the Property: Marina and related uses Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. These items were previously addressed when the Interloeal Government Agreement for the subject property was approved by Collier County. Pa~ ' 4 oi~O, lliNoA ITF..~ SEP 2 8 1999 Standard Re~one Considerations (LDC Section 2. 7.2.5) Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. The possible creation o fan isolated district unrelated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Whether the proposed change will adversely influence living conditions in the neighborhood. 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. Whether the proposed change will create a drainage problem. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. 12. 13. Whether the proposed change will be a deterrent to the improvement or development of adjacent propetlty in accordance with existing regulations. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. P~ ge5~. SEP 2 8 1999 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of . potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended 18. Such other factors, standards, or criteria that the board of county commissioners ~hall deem important in the protection of the public health, safety, and welfare. PUD Re~one Considerations (LDC Section 2. 7.3.2.5) 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. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shah be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pa ot t> .o-r- i 281999 ,. 10. 11. The ability of the subject property and of surrounding area to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions} however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Yes, Interlocal Government Agreement approved by BCC on April I~, 1999; and sm~ll scale Comprehensive Plan Amendment and PD rezone approved by the City of Naples on June 2, 1999. Additional Submittal Requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; bo If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8 ½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], 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 AGEblgZA iTEM P tge '~.f 15/~C... SEP 2 8 1999 PS. //y required by the County, go An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and locations) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; 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); 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. 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 pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) Trip Assignment: Within Radius of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 2. 3. 4. 5. 6. Intersection Analysis Background Traffic Future Traffic Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development Page '9 of ~l~=noa r~.~ SEP 2 8 1999 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: o o Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance 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. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the cur-rent traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 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. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Residential Distance 5 Miles or as. required by DRI Other (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 the measurement in road miles from the proposed project rather than a geometric radius. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). Background Traffic: The effects of previously approved but undeveloped or partially Page 1 (~ o~. i~G£NDA ~TF~ 28 1999 10. 11. developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: 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 areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 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 through a phasing schedule, such a phasing schedule may be made a condition of any approval. Page 11 of~.~)'~ i 28 1999 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST o NAME OF APPLICANT: MAILING ADDRESS: CITY Naples Hamilton Harbor, Inc. 3003 North Tamiami Trail STATE Florida ZIP 34103 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION: Section: Lot: Plat Book 23 Township: 50 South Range: 25 East Subdivision: Property I.D.#: See attached legal description Exhibit "A". Block: Page #: Metes & Bounds Description: TYPE mo do TYPE a. b. C. do OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME X [] [] PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM [] [] OF WATER SERVICE TO BE PROVIDED: COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) X [] [] Page 12If 1~'G£NOA geld , SE7281999 o TOTAL POPULATION TO BE SERVED: 450 d_ry slips, 36 wet slips, 80' x 40' maintenance building, 30' x 30' marina office, restaurant with 150 seats, multiple 1 ½" hose bibs o 11. 12. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 87,945 gpd AVERAGE DAILY 29,315 gpd B. SEWER-PEAK 33,945 gpd AVERAGE DAILY 11,315 gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: January_ 2000 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees wilI be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Page 13 OI:AOID~A SEP 2 8 1999 Pg. ~ PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) 1 X 3. C6mpleted Owner/Agent Affidavit, Notarized I X 4. Pre-application notes/minutes 15 X 5. Conceptual Site Plans 15 X 6. Environmental impact Statement- (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with 4 X required attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 X Application (WITHIN EIS) 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 --- 13. Application Fee, Check shall be made payable to - $3,050.00 Collier Count~' Board of Commissioners 14. Other Requirements - X As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the dely of the p~ocess of this petition. Agent/Applicant Signature Date Pa AGENDA ITEM e 14~.f 1~?,c SEP 2 8 1999 AFFIDAVIT I, Jeffrey M. Birr as President of Hamilton Harbor, Inc., being first duly sworn, deposes and says that Hamilton Harbor, Inc. is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made apart of this application, are honest and true to the best of my knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shah not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As representative of the property owner, I further authorize George L. Varnadoe of the law firm Young, Van Assenderp, Varnadoe & Anderson, P.A. to act as our representative in any matters regarding this Petition. '--Jeffrey M. Bi~t Hamilton Harbor, Inc. The foregoing instrument was acknowledged before me this ~ day of , 1999, by Jeffrey M. Birr, President, on behalf of Hamilton Harbor, I~c. -He is personally known to me or has produced as identification. State of Florida County of Collier NANCY LYNN HALL COMMISSION ~ CC 640455 EKPIRES JUN 24, 2001 ~O~g THRU ATOmiC BON~iNG CO., I~. (?rim, ~¢, or $~ Co~i~io.~d N~m¢ of Notary Public) F:\users~LANA\Wp8\CE HAMILTON HARBOR~PUD REZONE~PUD APPLICATION.wpd Pagl 15 c~-~3D~,2rr~ SEP 2 8 1999 PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS, CONSTRUCTION MANAGERS Description of part of Section 23, Township 50 South, Range 25 East, Collier County, Florida All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows: 'Commencing at the southwest corner of said Section 23; thence along the west line of said Section 23, North 00°06'04" West 2039.29 feet to the Point of Beginning of the parcel herein described; thence continue along said section line in the following two described courses: 1) North 00°06'04" West 653.01 feet; 2) North 90°13'12" West 305.62 feet; thence leaving said section line North 89°24'52'' East 1333.23 feet; thence North 00°32'30'' West 30.00 feet; thence North 89024'52" East 50.00 feet; thence South 00032'30" East 537.45 feet; thence South 89029'24" West 916.48 feet; thence South 00°06'04'' East 453.00 feet; thence South 89°29'24" West 470.01 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 21.02 acres more or less. Bearings are based on the west line of said Section 23 being North 00006'04" West. Certificate of authorization #LB-43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, P.S.M. #4650 Ref. 4D-99 Not valid unless embossed with the Professional's seal. AGENDA ITEM SSP 2 8 1999 Pg. Exhibit "B" Page 1 of 2 PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS, CONSTRUCTION ]V~ANAGERS Description of part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida (for Collier Enterprises) All that part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast comer of said Section 22; thence along the east line of said Section 27, South 00°25'29'' West 2328.66 feet; thence leaving said section line South 89°32' 18" West 1288.58 feet; thence North 00027'34'' West 331.71 feet; thence northeasterly 846.91 feet along the arc of a tangential circular curve concave to the southeast having a radius of 800.00 feet through a central angle of 60°39' 19" and being subtended by a chord which bears North 29052'06'' East 807.91 feet to a point of reverse curvature; thence northerly 1011.26 feet along the arc ora tangential circular curve concave to the northwest having a radius of 750.73 feet through a central angle of 77°10'46'' and being subtended by a chord which bears North 21°36'21'' East 936.52 feet; thence North 16°59'02'' West 450.59 feet; thence North 50000'29" East 226.72 feet; thence northeasterly 113.41 feet along the arc of a tangential circular curve concave to the northwest having a radius of 150.00 feet through a central angle of 43°19'08'' and being subtended by a chord which bears North 28026'43TM East 110.73 feet to a point of compound curvature; thence northerly 320.89 feet along the arc ora tangential circular curve concave to the west having a radius of 480.00 feet through a central angle of 38°18'13" and being subtended by a chord which bears North 12°21' 57" West 314.95 feet to a point of reverse cu rvatu re; thence northerly 109.67 feet along the arc ora tangential circular curve concave to the east having a radius of 100.00 feet through a central angle of 62°50'20'' and being subtended by a chord which bears North 00°05'54'' West 104.26 feet to a point of reverse curvature; thence northeasterly 171.22 feet along the arc ora tangential circular curve concave to the west having a radius of 180.00 feet through a central angle of 54°30'00'' and being subtended by a chord which bears North 04004, 16" East 164.83 feet; thence North 23° 10'44" West 123.01 feet; thence noHhwesterly and easterly 197.05 feet along the arc ora tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 112°54'00" and being subtended by a chord which bears North 33016, 16" East 166.68 feet; thence North 89°43' 16" East 110.00 feet; thence easterly and northwesterly 213.10 feet along the arc ora tangential circular curve concave to the northwest having a radius of 100.00 feet through a central angle of 122°06'00" and being subtended by a chord which bears North 28°40' 16" East 175.01 feet to a point of reverse curvature; thence northerly and northeasterly 78.69 feet along the arc ora tangential circular curve concave to the east having a radius of 50.00 feet through a central angle of 90°10'20'' and being subtended by a chord which bears North 12°42'26'' East 70.82 feet; thence North 57°47'36'' East 67.46 feet; thence northerly and northwesterly 194.01 feet along the arc of a tangential circular curve concave to the west having a radius of 75.00 feet through a central angle of 148012'45" and being subtended by a chord which bears North 16°18'46" West 144.27 feet; thence South 89°34'51" West 30.00 feet; thence westerly and southwesterly 157.08 feet along the arc ora tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 90°00'00'' and being subtended by a chord which bears South 44 34 51 West 141.42 feet; thence South 00°25'09'' East 169.99 feet; thence southwesterly 62.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 72°10'28'' and being subtended by a chord which bears South 35°40'05'' West 58.90 feet; thence South 71°45'19'' West 116.04 feet; thence southwesterly and southerly 248.54 feet along the arc ora tangential circular curve concave to the southeast having a radius of 150.00 feet through a central angle of 94°56'03'' and being subtended by a chord which bears South 24° 17' 18" West 221.07 feet; thence South 23° 10'44" East 123.01 feet; ~('rlLSON, MILLER, BARTON ~ PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649.4040 Fx 94 Web Site: www. wllsonml[ler.com p. ~ tc.x:~o~ E-mai[: naplea~h~tlt~:mmllI~ Naples F~ My~s S~as~,m AGEND~ 1999 Exhibit "B" Page 2 of 2 PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS, CONSTRUCTION MANAGERS thence southerly and south~vesterly 101.05 feet along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 115°47'41'' and being subtended by a chord which bears South 34°43'14" West 84.71 feet to a point of compound curvature; thence northwesterly 256.08 feet along the arc ora tangential circular curve concave to the northeast having a radius of 220.00 feet through a central angle of 66041'32'' and being subtended by a chord which bears North 54°02'10" West 241.87 feet; thence North 20041'24'' West 195.01 feet; thence northeasterly 312.33 feet along the arc ora tangential circular curve concave to the east having a radius of 280.00 feet through a central angle of 63054'40'' and being subtended by a chord which bears North 11°15'56'' East 296.39 feet to a poim of reverse curvature; thence northeasterly, northerly and northwesterly 516.02 feet along the arc of a tangential circular curve concave to the west having a radius of 300.00 feet through a central angle of 98033'08'' and being subtended by a chord which bears North 06°03'18" West 454.72 feet; thence North 55019'52'' West 528.65 feet; thence North 02023' 16" East 275.02 feet; thence northeasterly 77.62 feet along the arc ora tangential circular curve concave'to the southeast having a radius of 50.00 feet throngh a central angle of 88°57'04'' and being subtended by a chord which bears North 46°51'48" East 70.06 feet to a point of reverse curvature; thence northeasterly 731.46 feet along the are ora tangential circular curve concave to the north having a radius of 1200.00 feet through a central angle of 34°55'29'' and being subtended by a chord which hears North 73052'36'' East 720.19 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 134.88 feet along the arc of a tangential circular curve concave to the west having a radius of 50.00 feet through a central angle of 154°33'46'' and being subtended by a chord which bears North 20052'02'' West 97.55 feet to a point of reverse curvature; thence we~erly and northeasterly 71.31 feet along the arc ora tangential circular curve concave to the northeast having a radius of 35.00 feet through a central angle of 116044' 18" and being subtended by a chord which bears North 39046'46" West 59.60 feet; thence North 18035'23'' East 68.45 feet; thence North 13049'59" East 340.07 feet; thence North 07000'50'' East 161.59 feet; thence North 82°59'10'' West 35.00 feet; thence North 07000'50'' East 14.74 feet; thence North 89°18'5 I" East 527,45 feet; thence South 00°13'12'' East 335,51 feet; thence North 89°24'52'' East 1333.23 feet; thence North 00032'30'' West 30.00 feet; thence North 89024'52" East 50.00 feet; thence South 00032'30'' East 537.45 feet; thence south 89029'24'' West 916.48 feet; thence South 00006'04'' East 453.00 feet; thence south 89e29'24'' West 470.01 feet; thence South 00006'04" East 2039.29 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 124.29 acres more or less. Bearings are based on the Certificate of authorization #LB-43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors By: Date Michael H. Maxwell, P.S.lv'i. #4650 Ref. 4D-94 Not valid unless embossed with the Professional's seal. WILSON, MILLER, BARTON ~. PEEK, INC. 3200 Bailey Lane, Suite 200, Napl~, Florida 34105-8507 · Ph 941-649-4040 Fx ~O'eb Stte: ~atlWil~rtmlIler.com n ~.~t.~c~l~ E-malh rtaple~l~wllaommi ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERS 0523N AND 0523S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" (A PORTION OF SABAL BAY) TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HAMILTON HARBOR PUD, IN ACCORDANCE WITH AN INTERLOCAL GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY, FOR A MARINA LOCATED WITHIN THE COLLIER COUNTY JURISDICTION, IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 10, 1986, the Board of County Commissioners of Collier County, Florida adopted the CDC PUD Ordinance No. 86-77, commonly referred to as the Sabal Bay PUD; and WHEREAS, a portion of the Sabal Bay PUD property is proposed to be developed as a boat storage facility to be known as the Hamilton Harbor Planned Development; and WHEREAS, approximately 103 acres of the proposed Hamilton Harbor project are located within the jurisdiction of the City of Naples and approximately 21± acres are located within thc jurisdiction of Collier County, Florida; and WHEREAS, on April 13, 1999, the Board of County Commissioners of Collier County entered into an Interlocal Government Agreement with the City of Naples wherein it was agreed that the City would, among other things, adopt a PD Zoning District for the entire Hamilton Harbor project, including the 21± acres portion thereof situated in Collier County; and WHEREAS, on June 2, 1999, the City of Naples in accordance with the provisions of the aforesaid Interlocal Government Agreement adopted zoning for the entire Hamilton Harbor project including the 21± acres thereof located within Collier County; and WHEREAS, on August 4, 1999, certain paragraphs of said Interiocal Government Agreement were amended to provide clarification, said amendment being agreed upon by the City and County; and WHEREAS, pursuant to the terms and conditions of the Interlocal Government Agreement, as amended, it is necessary for the Board of County Commissioners of Collier County to adopt a PUD rezone that implements and is consistent with the l. nterlocal Government Agreement, as amended, and the City of Naples' PD Zoning District for the 21± acre portion of the project lying within Collier County; and SEP 2 8 1999 WHEREAS, George L. Vamadoe, Esquire of Young, van Assenderp, Vamadoe & Anderson, P.A., representing Hamilton Harbor, Inc., peritoneal the Board of County Commissioners of Collier County to change the zoning classification of the herein described real property from "PUD" to "PUD" in accordance with the terms and conditions of the PD Zoning District adopted by the City of Naples pursuant to the above-referenc,~d Interlocal Government Agreement, as amended; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: REZONE FROM CDC PUD TO HAMILTON HARBOR PUD. The zoning classification of the following described land contained within the existing CDC PUD (Ordinance No. 86-77) and consisting of 21± acres, as indicated on Official Zoning Atlas Maps numbered 0523N and 0523S, as described in Ordinance No. 91-102, as amended, is hereby changed from "PUD" to '`PUD" in accordance with the City of Naples' PD Zoning Ordinance No. 99-8545 attached hereto and incorporated by reference herein: All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the southwest comer of said Section 23; thence along the west line of said Section 23, North 00'~06'04" West 2039.29 feet to the Point of Beginning of the parcel herein described; thence continue along said section line in the following two described courses: 1) North 00'~06'04" West 653.01 feet; 2) North 00'~13'12" West 305.62 feet; thence leaving said section line North 89no24'52'' East 1333.23 feet; thence North 00'~32'30" West 30.00 feet; thence North 89'~24'52'' East 50.00 feet; thence South 00'~32'30" East 537.45 feet; thence South 89'~29'24" West 916.48 feet; thence South 00'~06'04" East 453.00 feet; thence South 89'~29'24" West 470.01 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 21.02 acres more or less. The Official Zoning Atlas Maps numbered 0523N and 0523S, as described in Ordinance No. 91- 102, as amended, are hereby amended accordingly. SECTION TWO: ADOPTION AND RATIFICATION OF CITY OF NAPLES' HAMILTON HARBOR PD ZONING ORDINANCE TO COLLIER COUNTY PORTION OF HAMILTON HARBOR PUD. The land use, development and other standards contained within the City of Naples' Hamilton Harbor PD Zoning Ordinance (Ordinance No. 99-8545) attached hereto and incorporated by reference herein as Exhibit "A" are hereby adopted, ratified and made applicable to the herein described portion of the Hamilton Harbor PUD consisting of 21± acres and being located in Collier County by the Board of County Commissioners of Collier County. A~A ITEM SEP 2 8 1999 SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Deparm~ent of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman Approved a.s to Form and Legal Sufficiency Assistant County Attorney G:'a~'r~'~BETSY~WPSkHAMILTON HARBOR~PUD REZONE ORDINANCE.w~I AGENDA ITEM SEP 2 8 1999 Book 112 · Page __ Agenda Iteza 15-b Meeting of 6/2/99 ORDINANC~ 99-8545 AN ORDINANCe. GRANTING PLANNED DEVELOPMENT PETITION 99-R8 IN ORDER TO REZONE 124 ACRES LOCATED ADJACENT TO AND SOUTH AND EAST OF BAYVIEW PARK FROM ~tC," CONSERVATION TO ~PD," PLAN~ DEVELOPMENT, MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHeReASI Collier Enterprises, petitioner and owner, has requested to rezone said property from "C," Conservation to "PD," Planned Development; and following a public hearing, the Planning Advisory Board has considered the recor~nendation of the staff and the public input and has recommended by a vote of 4 to 3 that Rezone Petition 99-R8 be approved; and After considering the recommendation of the Planning Advisory Board and City staff, following a public hearing on the subject, and providing the petitioner an opportunity to speak, the City Council has determ/ned that the petition should be granted; NOW THEREFORE, BE IT ORD~ BY TKE COUNCIL OF TH~ CITY OF NAPLES, FLOBXDA: Section 1. That Planned Development Petition 99-R8 is hereby granted, in order to rezone 124 acres located adjacent to and south and east of Bayview Park from "C," Conservation to "PD," Planned Development, more particularly described on the attached Exhibit "A". Section 2. Development shall be in compliance with the standards outlined in the Planned Development Document (Rezone to Planned Development and Conceptual Development and Site Plan Review Application for Hamilton Harbor), attached hereto, with the exception of changes to the a~tached Planned Development Document as follows: (1) The Planned Development Document shall be-q:e~ised to allow a 10-foot high fence alonq the northern property line. Section 3. The approval of Planned Development Petition 99-R8 is subject to the following conditions: The dry boat storage building shall be designed in accordance with Section 2.8 of the Collier County Land Development Code, with the following exceptions as agreed to by the Planning Advisory Board: 2.8.3.4.2 Pedestrian access shall be as shown on the conceptual general development and site plan; 2.8.3.5.2 Building orientation- windows are not 2.8.3.5.5 Massing standards - arcades an, windows; 2.8.3.5.7 Detail features; ~ Roof treatments; 2.8.3.5.12 Materials and c, required; l a~.X~,a~fi,, 8 3 5-7. ru~ /7 SEP 2 8 1999 Book 112 · Page Ordinance 99-8545 Page 4 o The developer shall provide at least 5 acres of mangrove wetland mitigation. The location of all mangrove wetland mitigation areas shall be clearly indicated on the specific General Development and Site Plan, which will be reviewed by the Planning Advisory Board. The developer shall include the City of Naples in the process of determining the location of all mangrove wetland mitigation areas. Section 4. The petitioner shall submit to the City Clerk an amended copy of the Planned Development Document which includes changes as noted in Sections 2 and 3 above. Section 5. Section 6. The petitioner shall submit to the Planning Department an amended copy of the Planned Development Document which includes changes as noted in Sections 2 and 3 above. This ordinance shall take effect immediately upon, and only upon, adoption by the City Council, and the subsequent effective date, of an ordinance adopting Small Scale Comprehensive Plan Amendment Petition 99-CPA5S3, amending the Future Land Use Map of the Comprehensive Plan, assigning a Waterfront Mixed Use Future Land Use designation to 5.5 acres of the subject property. APPROVED AT FIRST READING THIS 19TH DAY OF MAY, 1999. PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEA/~ING IN OPEN A~D SESSION OF THE CITY COUlqCIL OF THE CITY OF NA]?LES, FLORIDA THIS ~ID~D3%Y OF JUNE, 1999. Bill Barnett, Mayor Attest: Ta--ra A. Normah, City Clerk M: \ RE F\ COUNCI L\ ORD\ 99-8545 Approved as to form and lega~i=y: ~Y  ed as to accuracy: ~a~~in~D~re ct or *Please refer to Resolutions and Ordinances Book 112-A for the Planned Development Document identified in Section 2 as attached. AGENDA ffEM *Please refer to Supplemental Map Dmxser 3 for E:dfibits A fltrough D office Plmmed Development ~octng~.t../'/ ~ SEP 2 8 1999 Book 112 * Page 'EXHIBIT "A" (~age 1 of 3) Legal Description All that part of Sections 22, 23 and 27, Township 50.South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast comer of said Section 22: thence alone the east line of said Sec:ion 27, South 00025'29" West 2328.66 feet: thence leaving said section line South 89:32'18" West 1288.58 fee:: . thence North 00°27'34" West 331.71 feet; thence northeasterly 846.91 feet along the arc :fa tangential circular curve concave to the southeast having a radius of 800.00 fee: through a central angle of 60°39'19'' and being subtended by a chord which be:u's North 29:52'06" East 807.91 feet to a point of reverse curvature; thence northerly I011.26 feet along the arc :fa tangential circular cur~'e concave to the northwest having a radius of 750.73 feet through a central angle of 77:10'.16" and being subtended by a chord which bears Noah 21°36'21'' East 936.52 feet: thence Noah 16°59'02'' West 450.59 feet: < ° 0 .... 226.72 thence Noah _0 0 .~9 East feet: t_%ence northeasterly 11.3.41 feet along the arc :fa tangential circular curve concave to the northx~est having a radius of I50.00 feet throueh a central angle of.13°19'0S'' and being subtended by a chord which beys Noah 25°26'4.3" East ! I0.73 feet :o a point ofzomTound curvature: thence northerly 320.89 fee: along the are o£a tangential circ'-'-iar curve concave :o the ~est having a r2dius of 480.00 feet through a central angle of3g°IS' 13" and being subtended bye chord which bears North 12:21 '57" West 31-1.95 feet :o a point of re','erse cu~'amre: thence northerly 109.67 feet along the arc :fa tangemia[ circular curve concave to the east having a radius of I00.00 feet through a central angle of 62°50'20'' and being subtended by a chord which bears Noah 00°05'5a' \Vest 10-1.26 fee: to a point of re'.'erse curvature: thence noahe~teriy 171.22 fee: along the arc of a tangential c~rcular cum'e concave to the west having a radius of 180.00 feet through a central angle of 54030'00" and being subtended by a chord which bears Noah 04°04. 16" East 16-1.83 fee:: h%ence North 23°10'44" \Vest 123.01 fee:: thence noahwesteriy and easterly 197.05 feet along the arc ora taneential circular curve concave to the southeast having a radius of 100.00 feet through a central ang!e of 112°5a'00'' and being subtended by a chord whick bears North 33°16'16" East 166.68 feet: thence Noah 89°43' 16" East 110.00 feet: thence easteriv and nomhwesteriy 213.10 feet along the arc ora taneential circular cun'e concave :o the noahwest havine a radius of I00.00 feet throu,.zh a central an"ie of 122:06'00" and bain-sue' "-',d,_,-'~ by a chard which bears North _S -,0 I6 East 175.01 feet to a point of reverse cur,'ature: .,,.n ..... x and noni~easter!v 7S.69 feet alan= .'.he are or.a '- o,'- ",' cast ka,.'m: .', radius of 50.00 feet tkrou=h a central an-'.'.e, .... , and ' sur:enc~: ex' a .'::crc x~mc:: oears North 1_ ...... -_ _fi' East 70.S2 fee:: thcncaNo~hi7? 7'30" East~,.--~ x~es~ havin~ ~ r3dius or' 75.00 fee: through a centrai an,de of i-? '. Z'-:5" and be/n= .:ub:end2d ~ ' C~'' i" ' thane2 ~oum S. -_,~ 5 \\'est 30.00 ~cet: a ch~A ITEM .o. SEP 2 8 1999 Book 112. Page EXHIBIT "A" (Page 2 of 3) thence westerly and southwesterly 157.08 feet along the arc ,fa tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle ofg0°00'00'' and being subtended by a chord which bears South 44°34'51" West 141.42 feet: thence South 00°25'09'' East 169.99 feet; thence southwesterly 62.98 feet along the arc ,fa tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 72°10'21l'' and being subtended by a chord which bears South 35°40'05.' West 58.90 feet; thence South 71°45'19" West 116.04 feet; thence southwesterly and southerly 248.54 feet along the arc ,fa tangential circular curve concave to the southeast having a radius of 150.00 feet through a central angle of 94°56'03'' and being subtended by a chord which bears South 24°17'18" West 221.07 feet; thence South 23°10'44" East 123.01 feet; thence southerly and southwesterly 101.05 feet along the arc ,fa tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 115°47'41'' and being subtended by a chord which bears South 34043, 14" West 84.71 feet to a point of compound curvature: thence northwesteriy 256.08 feet along the arc ,fa tangential circular cur~'e concave to the northeast having a radius of 220.00 feet through a central angle of 66"41'32" and being subtended bye chord which bears North ~ ° "' 24 ,.1 0_ I0" \Vest 1.87 feet: thence North 20°41'24" West 195.01 feet: thence northeasterly 312.33 feet along the arc ,fa tangential circular curve concave to the east having a radius of 280.00 feet through a central angle of63:54'40'' and being subtended by a chord which bears North 11°15'56.' East 296.39 fee: to a point of reverse curvature: thence northeasterly, no~herty and northwesterly 5i6.02 feet along the arc of a tangential circular cur.'e concave to the west having a radius of 300.00 feet through a central angle of 98°33'08'' and being subtended by a chord which bears North 06'03' 18" \Vest 4.4. ,_ feet: thence North 55'19'52" West 528.65 feet: thence North 02023. 16" East 275.02 feet; thence northeasterN' 77.62 feet along the arc ,fa tangential cirzular curve concave to the southeast having a radius orS0.00 feet through a central angle of 88°57'04'' and being subtended by a chord which tears North 16=51'48'' East 70.06 feet to a point of reverse curvature: · thence northeastern 731.46 feet along the arc ,fa tangential circular cur.'e concave to the north having a radius of 1200.00 feet through a central angle of 34°55'29'' and being subtended by a chord which bears North 73052'_36.. East 720.19 feet to a point of reverse cu~'ature: thence northeasteriy, northern and northwesterly I34.88 feet along the arc ,fa tangential circuiarcurve concave to the wes; having a radius orS0.00 feet throu?h a central an~te of 15-1°33'46.. and bein~ subtended bye chord which bears Norrah 20°52'02'' West 97..<5 feet to a point of reverse cur.'amre: thence westeriv and northeasterly 71.31 feet along the arc ,fa tanzential circular cur'.'e concave to the northeast having a radius of 35.00 feet through a central angle of 116~':-1" 18" and be/n-, subtended by a chord which thence No.-th ti~enc2 North thence Noah thence Nont~ ti~ence Noah h~e.,c~ South bears Norm 39°;6'-:'6'' West 59.ti0 o :. __- =asr 62.:5" ..... 07'00'_~0'' E",sr 16i._~9 82°59. 10" West ] S.00 07°00'S0'' East t~.7-: S9*IS'Si'' E::sr .... ~~- ._': 0U ,_, ] Easr3]S.!i AP/_NDA No. S2P 2 B 1999 EXHIBIT "A" (Page 3 of 3) Book 112 · Page thence North 89°24'52" East 1333.23 feet; thence North 00032'30" West 30.00 feet; thence North 89°24'52'' East 50.00 feet: thence South 00°32'30'' East 537.45 feet; thence south 89029'24'' West 916.48 feet; thence South 00°06'04'' East 453.00 feet; thence south 89029'24'' West 470.01 feet; thence South 00°06'04'' East 2039.29 feet to the Point of Beginning of the parcel herein described: Subject to easements and restrictions of record. Containing 124.29 acres more or less. Bearings are based on the Certificate of authorization #LB-.13. S':-P 2 8 1999 EXECUTIVE SUMMARY CU-99-14, TERRANCE L. KEPPLE, OF KEPPLE ENGINEERING, INC., REPRESENTING ANTHONY ROSS, REQUESTING CONDITIONAL USE "4" OF THE "C-5" ZONING DISTRICT FOR CHILD CARE SERVICES FOR PROPERTY LOCATED ON RADIO ROAD, APPROXIMATELY 300 FEET EAST OF AIRPORT ROAD, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.66+!- ACRES. OBJECTIVE: The Petitioner requests Conditional Use approval for a child care center in the C-5 zoning district. CONSIDERATIONS: The applicant requests a Conditional Use in order to construct and operate a child care center in the Heavy Commercial (C-5) zoning district. The property is currently undeveloped. The proposed child care center will have pedestrian and automotive access from two arterial roads. The architectural design shall be compatible with the other structures in Airport Road Plaza. The effect of noise on the neighboring properties should not be significant. The proposed child care center meets the special provisions for child care in the C-5 district, as described in Section 2.2.15 %. 3.4 of the Land Development Code. FISCAL IMPACT: If this petition is approved, the use as a child care facility will have no fiscal impact on Collier County, except for impacts normally associated with development. GROWTH MANAGEMENT IMPACT: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban-Mixed Use Land Use Designation is intended to accommodate a variety of residential and non-residential land uses. Therefore, if the Board of Zoning Appeals approves a Conditional Use for child care, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. AG E N D.~,IT.F~M "°' /TZ) SEP 2 8 1999 Pg, ~ 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 August 5, 1999 meeting, the Collier County Planning Commission voted unanimously to recommend approval of CU-99-14 to the Board of Zoning Appeals, subject to the conditions in the Resolution. PREPARED BY: F~O~R PLANNER CURRENT PLANNING REVIEWED BY: RON,,~..D F. NINO, AICP ' CURRENT PLANNING MANAGER DATE DATE ROBI~RT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: ~/INCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-99-14 2 AG E N D C~.j T.~m~4 No ~ SEP 2 8 1999 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JUNE 28, 1999 RE: CU-99-14 PROPERTY OWNER/AGENT: OWNER: AGENT: Anthony Ross 2 Murray Hill Road Scarsdale, NY 10583 Terrance Kepple, PE Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The Petitioner requests Conditional Use '4" of the C-5 zoning distdct for a child care center. , LOCATION: The subject parcel is located on Radio Road, approximately 300 feet east of Airport Road legally described as Parcel "C", Replat of Tract 'B', Airport Road Plaza. The site consists of approximately 0.66 acres. SEP281999 DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to construct and operate a child care center in the Heavy Commercial (C-5) zoning district. The property is currently undeveloped. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: Undeveloped lot; zoned C-5 East: South: West: State of Flodda HRS, Family Services Center; zoned C-5 Entrance to Airport Road Plaza; zoned C-5 Radio Road ROW First Union National Bank; zoned C-5 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Urban - Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban - Mixed Use Land Use Designation is intended to accommodate a vadety of residential and non-residential land uses. Therefore, if the Board of Zoning Appeals approves a Conditional Use for child care, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. 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 a playground on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. AGE Ng~IT~=M 2 SEP g 8 1999 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 child care is recognized as a Conditional Use of land in the Urban area, 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. 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 existing entrance to Airport Road Plaza, which is directly east of the proposed child care center, will function as the primary entrance for the child care center. This entrance is aligned with a median cut, allowing access to Radio Road in both directions. There is also an entrance to Airport Road Plaza on Airport Road. This entrance allows access from both the northbound and southbound lanes of Airport Road, as well as an exit onto northbound Airport Road. There is a sidewalk along Radio Road, and a pedestrian access from the sidewalk to the child care center shall be constructed. CON: The site is approximately 300 feet from a busy intersection. ANALYSIS: The proposed child care center will have pedestrian and automotive access from two arterial roads. The effect the Conditional Use would have on neighboring relation to noise, glare, economic or odor effects. properties in PRO: The structure shall meet the Architectural Design Guidelines of the Land Development Code and will most likely have a positive economic effect on neighboring properties. CON: The effects of noise from children at play may have an impact on the neighboring properties. No 3 SEP 2 8 1999 ANALYSIS: The architect~.'al design shall be compatible with the other structures in Airport Road Plaza. The effect of noise on the neighboring properties should not be significant. 4. Compatibility with adjacent properties and other property in the district. PRO: The other businesses in Airport Road Plaza include a bank, offices for Flodda HRS and a garage door business. None of these existing businesses should have a detrimental effect on the children and the outside play area will be surrounded by a masonry wall. CON: None. ANALYSIS: The proposed child care center is compatible with the adjacent properties and other ~3roperties in the district. SPECIAL PROVISIONS FOR CHILD CARE IN THE C-5 ZONING DISTRICT A. The petitioner states that all areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials, according to LDC Section 2.2.15 ¼. 3.4(a). B. The petitioner states that the site is not located within 500 feet of the nearest property line of a land use encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. There is a retail gasoline station across Radio Road. C. The petitioner states that the site is not located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. Since Radio Road is a major artedal road, it may be utilized by occasional truck traffic from such uses, however, it is not a direct route from any plant or quarry. D. Parcel 'C" is 28,919 square feet in area, which exceeds the 20,000 square-foot requirement. Parcel "C" is 189 feet in width, which exceeds the 100-foot requirement. E. The Site Development Plan shall indicate minimum opert space of not less than 30 percent of the total square footage of Parcel 'C'. F. The Site Development Plan shall indicate that all open space to be used by children shall be bounded by a masonry wall, five feet in height, which complies with the applicable provisions of Land Development Code Division 2.8. G. The Site Development Plan shall indicate landscape buffers in accordance Division 2.4. 4 SEP 2 8 1999 pg. H. The child care provider shall comply with the State of Flodda Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code, Chapter 10M-12, effective March 11, 1986, prior to issuance of an Occupational License. I. This child care center is not proposed in conjunction with a permitted use. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-99-14 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. PREPARED BY: Rb~IALD-F N1N~),~ICP SENIOR PLANNER CURRENT PLANNING MANAGER DATE ULHERE, AICP DATE PLANNING SERVICES DIRECTOR ~ ~.. CAUTERO, AICP ~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-99-14 , Scheduled for the August 3, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: i SEP B$1999 CCH~4UNITX DEVELOPMENT DMSION CURRENT PLANNING SECTION PETITION NUMBER: DATE OF APPLICATION: COMMISSION DISTRICT: PLANNER ASSIGNED: CU 99 14~ .~ u ~ n '~ tq~q9 ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Information: Name of Applicant(s) An~hnn? Applicant's Mailing Address ~ ~nrr~v ~i~ ~_ City $c~r~l~ State NY Applicant's Telephone #: 914-345-8212 Fax #: Name of Agent T~rr~n~ K-pple Zip ~nssR Fir~ W~ssl~ ~nalneerina. Agents Mailing Address 3806 Exchanae Ave. City ~plps State FL Agent's Telephone 9:403-1780 ,Fax Zip 34~04 403-1787 SEP 2 8 '1999 de If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and' Address Percentage of Ownership ee If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address ~r~l~ NY Percentage of Ownership 100% 3 Date of Contract: ' SEP 281999 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ( ) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: 5/17/99 and date option terminates: 9/17/99 , or anticipated closing date · h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. De~a!led,,, leg&l d~scriptign of the property'covered'bY the a$~l£~ation: {If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant \shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal i SEP 8 4 description, an engineer's certification or sealed survey may be required. Section: Lot: ~ 36 Township: Block: 49 S Range: 25 E Subdivision: Plat Book 28 Page ~: 4 Property I.D.#: Metes & Bounds Description: Size of property: 189 ft. X 153 ft. Total Sq. Ft. 2R.g]7 sf Acres 0.66 Add~ess/gene~&l loc~ion of sub~ec~ property: Radio Rd. 300' east of Airport Rd. Adjacent, zoning and land usa: Zoning N S Land use c-5 C-5 HRS Family Services Radio Rd. E C-5 Entrance ~d../open space ... W C-5 First Union Bank Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). EP 2 8 1999 Section: 36 Township: Lot: C Block: 49 S Range: 25 E Subdivis ion: · Plat Book 28 Page #: 4 Property I.D.#: Metes & Bounds Description: T~ o£ Conditional Use: This application is requesting conditional'use ~ 4 of the C-5 district for (~,z or (usz! Child Care Present Use of the Property: vacan~ Ev&lu&tion 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 ~rovi~ ~taile~ respons~ ~.~ e&~.h of the criterion lis~ below. Sp~oif~ how and w~ ~e a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is with the applicable section or portions of land element): Permitted conditional use within the 6 consistent the future 1 SEP281999 zoning district b. Describe the existing or planed means of ingress and egress to the property and proposed structure thereon with partitular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in 'case of fire or catastrophe: Existinq Icontracted} platted accegs easements from Radio Rd. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: No qlare or odor associated with daycare. Outside play area may generate some noise, no effect on surrounding parkin~ and Radio Rd. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: Adjacent ~$ Family Services facility and 7 SEP 2 8 1999 parents that may need child care facilities e. Please provide any additional information which you may feel is relevant to this request. 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions· You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use ~:~mtitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? 11. A~ditional... Suk~ittal requirements: In addition -to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meetihg notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8h" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluatidn for distribution to SEP g 8 1999 STATE~9~f OF UTILIT~ PROVISIONS FOR CONDITIONAL USE REQUEST NJ%ME OF APPLICANT: Anthony Ross M~ILING ADDRESS: 2 Mur~y Hill Rd. c~=~=~=~ CITY NY , ZIP ~5R3 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Radio Rd. LEGAL DESCRIPTION: Section: 36 Township: Lot: C Block: Plat Book 28 Page #: 4 Metes & Bounds Description: ~a c _ Range: Proper~y I.D.S: TXPE OF SE~XGE DISPOSAL TO BE PROVIDED (Check system): a. COUNTX UTZLZTX SYSTEM b. CZTX UTILZTX SZSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME (GPD rapacity) e. SEPTIC SYSTEM ~ ap%~licmble TYPE OF~%TER SERVICE TO BE PROVIDED: a. COUNTX UTILITY SYST~4 b. CITY UTILITY SYSTEM a. FRANCHISED UTILITY SYSTEM PROVLDENAME d. FRIVAT~ SYSTEM 15 SEP ~ 8 1999 TOTAL POPULATION TO BE SERVED:75 Children 10. 11. PEAK AND AVERAGE DAILY DEMANDS: 9. ~%TER-PEAK2875 10. SE~ER-PEAK2875 gpd AVERAGE DAILY 1150 ~pd AVERAGE DAILY 1150 gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL ~TER SXSTEM, P?.~-~SE PROVIDE Tn DATE SERVICE IS EXPECTED TO BE REQUIRED: December 1999 _. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sl~dge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 12. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FR(~ OTHER PROVIDERS: Unless waived or otherwise provided for at the pre- application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the pro3ect shall be provided. i SEP 281999 We/I, AFFIDAVIT that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and ~rue to the best of our knowledge and belief. We/I understand that the information requested on this application mus~ be complete and accurate and that the content of this form, whether compu2er 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. We/I furth,~-~t the undersigned to act as my/our representative'in any matters regar~ngthis~eAition./h NAME OF OWNER (Print or type) SIGNATURE OF~WNE~ NAME OF OWNER (Print or type) NAME OF AGENT ~nt or type) SIGNATURE OF OWNER NAME OF AGENT (Print or type) SIGNATURE OF AGENT State of Florida County of Collier $%The foregoing Application was acknowledged before me this ~ persona~ ~e °r %ho has-Pro~6ed ta~e an oath. J (Pr~'n~" N~e'~'f'"~°~ary Public) NOT~Y PUBLIC 17 State of Florida County of Collier The foregoing Application was acknow~ledged before me this ~ly known_to m--'~br who has produced -' as i~fication and who did (did not) (Print N~e of Nolfary Public) NOTARY PUBLIC Serial/Commission f9 My Commission Expires: take an oath. SEAL CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS CC~IPLETED CHECKLIST IS TO B~ SUBMITTED WITH APPLICATION PACKET! As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is include~in this submittal package. t understand that failure to include all necessary submittal information may result in the delay of process this petition. Agent/Applicant signature Date CC~DXTTC~/tL UBg AFFLXC,%TI:CIlIq*~Kt/z. Iv. 10/14/97 18 AG E N D~),~I~ N o. _.~,.~ SEP g 8 1999 D~sc~osu~ o£ ~nte~es~ ~n£om~£on: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest· (Use additional sheets if necessary). Name and Address Percentage of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and ~dress Percentage of Interes~ ..... 2 3806 Exchange Avenue * Naples, Florida 34104 * (941 ) 403-1780 - Fax (941) 403- t 787 Children's Corner Project Location Parcel "C" Replat of Tract "B" of Airport Rd. Plaza One-half acre parcg. 1 located at the Northeast comer of Airport and Radio Rd. Project Description The conditional use is to allow a ch~d/day care facility within the C-5 zoning district. The parcel is located adjacent to an existing facility for HRS (family services) and a bank (First Union). The project will provide an outside play area as well as the required indoor classrooms in accordance with State and Local codes. The project site has been reviewed in accordance with LDC site requirements and will be constructed in accordance with all required LDC code requirements. The one exception is a conflict in the code requiring a 5' tall wood fence or wall around the outside play area and the architectural code restricting the height of a wall to 4' in front of the building. We propose to construct a fence/wall to 5' high for protection of the play al'ea. AG E ~i,r., ~ ~J T~l~,~ J SEP 8 !999' i °n CU 99 14~ 3806 Exchange Avenue · Naples, Florida 34104 . (941) 403-1780 . Fax (941) 403-1787 Children's Corner Environmental Impact Statement Request for Waiver We are requesting a waiver due m the fact that the lot is already platted and consists of only a 0.66 acre parcel. Development has occurred totally around the site with access easements crossing the si~e. I AGENDA · t SEP 2 8 1999 99 14 3806 Exchange Avenue * Naples, Florida 34104 * (941) 403-1780 - Fax (941) 403-178/ Children's Corner Conditional Use Traffic Impact Statement The proposed project is for a day care facility for approximately 75 children. It is expected that, in general e. very child will be dropped off and picked up by their parent/guardian. Some car-pooling may occur however, it is expected to be a limited amount. In accordance with ITE Trip Generation, 6th Edition, Trip generations ar~: Weekday 4.52 trips/student 4.52 x 75 -- 339 trips 50% enter, 59% exiting (169.5 enter) (169.5 exit) Weekday - Peak AM of adjacent street 0.81 trips/student 0.81 x 75 = 60.75 trips 53% enter, 47~ exiting (32.2 enter) (28.5 exit) Weekday - Peak PM of adjacent slreet 0.86 trips/student 0.86 x 75 = 64.5 trips 47% enter, 53% exiting (30.3 enter) (34.2 exit) It is anticipated that 75% of all traffic will utilize the Radio Rd. entrance. The other 25% will use the Airport Rd. en~ through the HRS facility; RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHILD C:MRE FACILITY CONDITIONAL USE "4" IN THE C-5 ZONLNG DISTRICT PURSUANT TO SECTION 2.2.157:.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOI~rNSHIP 49 SOLryI-I, RANGE 25 EAST, COLLIER COL.'N'I'Y, FLORIDA. i 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 WI-IEREAS, the Legislature of thc State of Florida in Chapter 67-1246, Laws of Florida, and I6 Chapter 125, Florida Statutes, has conferred on Collier County thc power to establish, coordinate and 17 enforce zoning and such business regulauons as are nec~sary for the protection of the public; and 18 WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance 19 No. ~ l-102) which includes a..Comprehensive 7onmg Ordinance establish/ng regulations for the 20 zoning of particular geographic divisions of the County, among which is the granting of Conditional 21 Uses; and 22 WHEREAS, the Collier County planning Commission, being the duly appointed and 23 constituted planmng board for the area hereby affected, has held a public heanng after notice as in said 24 regulations made and provided, and has considered the advisability of Conditional Use "4" of Section 25 2.2.151/2.3 in a C-5 Zone for a child care facility on the property hereinafter de,ct/bed, and has found 26 as a matter of fact (Exh/bit "A') that satisfactory provision and arrangement have been made 27 concerning all applicable matters required by said regulations and/n accordance with Subsection '_8 2.7.4.4 of the Land Development Code for the Collier County planning Commission; and 29 WI--~REAS, all interested parUes have been g~ven opportttmty to be heard by th/s Board in a 30 public meeting assembled and the Board haVing considered all matter~ presented. 31 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of 32 Collier County, Florida that: 33 The petition filed by Terrance Kepple, P.E., of Kepple Engineering, Inc. representing Anthony 34 Ross, w~th respect to the property hereinafter described as: 36 Parcel "C", Replat Tract "B", .-~'pon Road Plaza as Recorded in Plat 37 Book 28, Page 4, of the Public Records of Colher County, Florida be and the same is hereby approved for Conditional Use "4" of Sectiol~ 2.2. l 5Va,3 of the C-5 Zotnng 39 District for a child care facility m accordance with the Conceptual Master Plan (Exh/bit 'B') and 40 subject to the following conditions: 42 I. All areas and surfaces readily accessible m children shall b~ f~ of toxic 43 subsmac= and hazardous mamiala, according to LDC 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 2~ 26 27 28 29 31 32 33 35 36 3'/ 38 39 41 42 43 4'/ 49 'l'he Site Development Plan sl~ll indicate minimttm open space of not less than 30 percent of the total squar~ footage of Parcel "C". All open space to be used by children shall be bounded by a wall five feet in height, which complies Whh the applicable provisions of Land Development Code Division 2.8. The child care pwvider shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code, Chapter 10M-12, effective March 11, 1986, prior to issuance of an Occupational License. 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 an~fact is found, all development wkhm the minimul~ ~ necessat~ to protect the discovery shall be immediately stopped and the Collier Cotmt~ Code Enforcement Department contacted. An appropriate portion of native vegetation shall be retained on site as r~quired in Section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation r~movaL monitoring and maintenance (exotic free) plan for the site shall be submitte~ to CmTent Planning Environmental Staff for review and approval prior to final Site Development Plan approval. BE IT FURTHER RESOLVED that this Resolution be recorded m the minutes of this Board. This Resolution adopted after motion~ second and majority vote. Done this day of , 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'ICI~, Chairwoman ATTEST: DWIGHT E. BROCK, Clerk App~ved as to Form and Legal Sufficiency: Student As~t County Attorney ~'ads~m/nue.~U~ I ,~ I~:SOLUTION -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section 2.2.15E,3.4 the conditional use. of the Land Development Code authorized o 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: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No S o Co 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 ingf~ & egress Yes /~ No Affects neighboring properties in relation to noise, glare, e~omic 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 wi~h~ district Yes.~ No Based on the above findings, this conditional use should, with (should not) be recommended for approval stipulations, (copy attached) f/FINDING OF FACT CHAIRMAN/CU-99-14 EXHIBIT "A" SEF' ~ ~ 1999 PARCEL CU ~9 ,2,800 sf' Nsg'55'1 I 189.69' Building PARCEL 'C" G Drop-off II ~ .~ S89~'28'E ~ 89.50' -- Radio Road " Parking Requirements Day Care Center 1 space~~:-i~~ 1 space, lO ! SEP ~:8i999~ Day Care Tho~na~fr.~Mooi"e-~ EXECUTIVE SUMMARY PETITION V-99-12, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING, REPRESENTING PI??A HUT OF AMERICA, INC., REQUESTING AN AFTER-THE- FACT VARIANCE OF 6.2 FEET FROM THE REQUIRED SETBACK OF 15 FEET TO 8.8 FEET FOR PROPERTY LOCATED AT 2013 CR 951, FURTHER DESCRIBED AS BLOCK 75, GOLDEN GATE UNIT 2, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 6.2-foot after-the-fact variance from the required 15-foot setback to 8.8 feet to allow an existing cooler to remain in its current location. CONSIDERATIONS: The petitioner wishes to reduce the required side yard from 15 feet to 8.8 feet in order to keep a cooler in its current location in the General Commercial (C-4) district. The existing building (Pizza Hut) was constructed in 1986, when the C-4 zoning district required a side yard setback of 0 or 5 feet. The side yard of 8.8 feet exceeded this requirement. When the petitioner applied for a building permit for a cooler, the site plan erroneously showed an additional 20 feet along the south property line, therefore, the cooler appeared to meet the current 15-foot setback. When the spot survey was completed, it showed that the cooler was 8.8 feet from the property line. This variance will allow the petitioner to have a building closer to the lot line than would be permitted in the C-4 district. However, the existing building is along the'same building line and is a legal, non-conforming structure. The cooler itself does not meet architectural guidelines however, the Planning Commission recommends enhanced landscaping, which would improve the aesthetics of the site. FISCAL IMPACT: Approval of this petition would have no fiscal impact to the County apart from those normally associated with development. - AG E~jq+ ~T~H*- SEP 2 8 1999 GROW'FH MANAGEMENT IMPACT' Approval of this variance will not affect or change the requirements of the Growth Management Plan and is consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on August 5, 1999, and by a unanimous vote, forwarded Petition V-99-12 to the Board of Zoning Appeals with a recommendation of approval subject to the conditions in the resolution. PREPARED BY: FRE~ISCHL, SENIOR PLANNER I~NALd ~.'-'~1~, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT& ENVIRONMENTALSERVICES ADMINISTRATOR executive summaryN-99-12 AGENDA ITEM SEP 2 8 1999 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JUNE 24, 1999 RE: PETITION V-99-12 AGENT/APPLICANT: Owner: Pizza Hut of America, Inc. c/o Phil Orestee, Tomarrie II LC 999 Ninth Street S.outh; Suite 101 Naples, FL 34102 Agent: William L. Hoover, AICP Hoover Planning 3785 Airport Road North; Suite B Naples, FL 34105 REQUESTED ACTION: The petitioner requests a 6.2-foot after-the-fact variance from the required 15-foot setback to 8.8 feet to allow an existing cooler to remain in its current location. GEOGRAPHIC LOCATION: The subject property is addressed as 2013 County Road 951, further described as a portion of Golden Gate Unit 2, Block 75. A~A ITEM' SEP 2 8 1999 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to reduce the required side yard from 15 feet to 8.8 feet in order to keep a cooler in its current location in the General Commercial (C-4) district. The existing building (Pizza Hut) was constructed, in 1986, when the C-4 zoning district required a side yard setback of 0 or 5 feet. The side yard of 8.8 feet exceeded this requirement. When the petitioner applied for a building permit for a cooler, the site plan erroneously showed an additional 20 feet along the south property line, therefore, the cooler appeared to meet the current 15-foot setback. When the spot survey was completed, it showed that the cooler was 8.8 feet from the property line. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Pizza Hut restaurant; zoned C-4 McDonald's restaurant; zoned C-4 County Road 951, across which are single family homes; zoned E Undeveloped parcel; zoned C-4 Undeveloped parcel; zoned C-4 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, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. AGENDA I~ SEP 2 8 1999 P~. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The restaurant was built under the regulations of a previous zoning code. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The Petitioner submitted a building permit application indicating an incorrect side yard dimension. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship. There would, however, be a financial hardship involved in relocating the cooler. d= Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The restaurant was in existence for a number of years pre-dating the installation of the cooler. The restaurant itself is a reasonable use of the land. AGF_M~A ITt SEP 2 8 1999 Pg. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a building closer to the lot line than would be permitted in the C-4 district. However, the existing building is along the same building line and is a legal, non-conforming structure. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The cooler itself does not meet architectural guidelines and would therefore, not be considered to be aesthetically pleasing. However, staff recommends construction of an architecturally finished masonry wall and enhanced landscaping, which would improve the aesthetics of the site. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The building is adjacent to other commercial zoning. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. AGENDA II~r.~ SEP 2 8 1999 STAFF RECOMMENDATION: With the conditions of an architecturally finished wall and additional landscaping, staff recommends that the CCPC forward Petition V-99-12 to the BZA with a recommendation for approval of the building setbacks. PREPARED BY: FR~LANNER RRENT PL~INING CURRENT PLANNING MANAGER DATE DATE J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number:. V-99-12 Staff report for the August 5, 1999 CCPC meeting. Collier County Planning Commission: AGENDA SEP 2 8 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) ~¥~ 99- 12 Petition No. Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Agent's Name: Agent's Address: A/~f/e ~., FZ 3 ~/ / o.s- Telephone: ~/~ ~-~'- ~'~ ~ 5? COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 ~ PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page I r8 AGENDA ITEM SEP 2 8 1999 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of'Master Association: Mailing Address City State__ Zip · Name of Civic Association: Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Go ~e rx G ct lc~ Section ~ ~ Twp. ~} Unit ~ Lot (s) "- Block (s) Range ~ (~ Property I.D. # Metes & Bounds Description: Application for Variance Petition - 8/98 Page 2 o AGENDA ITEM SEP 2 8 1999 8 Pg. Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: sC-~/ w C-Y Minimum Yard Requirements for Subject Property: Front: ~.5-/ Comer Lot: Yes [] Side: / ..,%'-- ' Waterfront Lot: Rear: Yes [-'] No ]~ Application for Variance Petition - 8/98 Page 3 o AGENDA ITEM SEP 2 8 1999 Rezonings, PUDs, PDs, Conditional Uses, Special Excention_~. Traffic/Parking/Zoning/Feasibility Studies & Site Planf NATURE OF VARIANCE PETITION ~ .... May 24, 1999 RE: PIZZA HUT SIDE SETBACK VARIANCE LOCATED ON C.R. 951, WITHIN GOLDEN GATE CITY, UNINCORPORATED COLLIER COUNTY Description of Request Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how .existing encroachment came to be; etc. The applicant is requesting a variance of 6.2 feet for the southern side yard setback from 15 feet to 8.8 feet. The land was purchased by Pizza Hut in late 1985 (see attached deed). This Pizza Hut restaurant was constructed in early 1986 under Building Permit #85-2838. At that time the subject property's zoning was C-4, and still is, but the 1985 Zoning Ordinance only required side yard setbacks of 0 feet or 5 feet within the C4 Zoning District. The Pizza Hut restaurant was constructed with a southern side yard setback of 8.8 feet, which easily met the side yard setback. Based on a site plan from Pizza Hut, that erroneously showed a 25-foot southern side yard setback, a local architect designed and a local builder constructed an attached cooler to the rear of the building. After receiving necessary County approvals, construction commenced and the cooler was aligned with the southern edge of the Pizza Hut building also setback 8.8 feet from the southern property boundary. A spot survey indicated the vacant narrow strip abutting to the south of Pizza Hut was not part of the Pizza Hut property. Collier County "red-tagged" the construction project, as the addition was in violation of the Land Development Code. Section 1.8.10.1 of the Land Development Code advises that non-conforming structures cannot be expanded. 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved. The Pizza Hut structure is one of the most aesthetically pleasing structures within this Golden Gate C-4 commercial corridor along C.R. 951 (see attached pictures). Pizza Hut does have an access easement over the abutting narrow strip to the south. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The Pizza Hut restaurant was constructed with an 8.8 foot side yard setback when on or 5 foot setback was required. 3785Airport Road North, Suite B, Naples, Florida 34105 · Phone: 941-403.8899 · Fax: AGEJ~I)A iIT SEP 2 8 '1999 ~41-~.3-9009 ~ 3. Will a literal inter'~retation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. If the variance petition is denied the cooler will need to be torn down and rebuilt elsewhere. 4. Will the variance, if granted, be the minimum variance that will make possible reasonable use of land, building or structure and which promote standards of health, safety or welfare. Yes, this is thc minimum variance necessary since the cooler has already been constructed. 5. Will granting the variance requested confer on the petitioner any special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district. The cooler could have been lawfully constructed at this same location between 1985 and prior to adoption of the Land Development Code, which increased the side yard setback requirements for structures within the C-4 Zoning District. 6. Will the granting of the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The attached pictures show the cooler addition is color coordinated to be similar to the existing structure and will be compatible with the surrounding land uses. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of regulation such as natural preserves, lakes, golf course, etc. No, but the cooler will be difficult to notice since it is at the rear of the building and the cooler's color is similar to the Pizza Hut building. 8. Will granting the variance be consistent with the growth management plan. Granting of this variance will be consistent with the growth management plan. Additionally, the proposed variance is easily compatible and complimentary with surrounding land uses as directed in Policy 5.4 of the Future Land Use Element. Sincerely, HOOVER PLANNING William L. Hoover, AICP HP File #22 SEP 2 8 1999 RESOLUTION NO. 99- RELATING TO PETITION NLqX~ER V-99-12, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 6.2-foot after-the-fact variance fi.om the required side yard setback of 15 feet to 8.8 feet as shown on the attached plot plan, Exhibit "A", in a C-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by thins Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-12 filed by William L. Hoover, AICP, of Hoover Planning, representing Pizza Hut of America, Inc., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 6.2-foot after-the-fact variance fi.om the required side yard setback of 15 feet to 8.8 feet as shown on the attached plot plan, Exhibit "A", of the C-4 Zoning District wherein said property is located, subject to the following conditions: Within 60 days of approval of this variance, the Petitioner shall submit a Site Development Plan to the Planning Services Director. The Site Development Plan shall depict existing conditions, and, in addition to landscaping required by the Land Development Code between the wall and the south property line, the SDP shall depict a single row of a native hedge, three feet in height and planted three feet on-center. -1- AG E h,~D~ I~ NO. ~ SEP 2 8 1999 In the case of the removal of the cooler, or its destruction to an extent equal to or greater than 50 percent of the actual replacement cost of the cooler at the time of destruction, any replacement shall conform to the I~ ovisions of the Land Development Code in effect at the time of replacement. BE IT RESOLVED that this Resolution relating to Petition Number V-99-12 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marjo{J~ M. Student' Assistant County Attorney g/admin/sue/V-99-12 RESOLUTION PAMELA S. MAC'KIE, Chairwoman -2- C-# Zoning Vacant Exhibit "A" NO. ~ SEP ~ 8 1999 00969383 19B5 !~0¥ 22 II3 COLLI£R ¢OUHTY RECORi:)ED (iTATI,rTQIL'Y F0~-SEClION &19.02 F.S.) JOHN PAUMCH Ill, P.ACD c:=, c~ c~ Made this 15th d~ of November WILKINSON-MEFFERT CONSTRUCTION COMPANY, a Florida corporation, ~5 , :ih*tmrrn PIZ~ HUT OF ~RICA, INC., a ~tawa~ ~ration. ~o~o~: 9111 East Douglas, Wichita, Kansam 67201 · ~ A pa~e~ o~ ]a~ ~y?~ ~n B~ock 75. ~n ~te ~tt 2. as ~ tn Hat ~k 5. ~s 65 ~ ~, inclusive, of ~e ~blic ~s of ~l'.ier County, Flortda, ~1~ mm pa~tcuiariy descrt~ as ~t~ at the ~st ~r of said Block 75, ~n East 530.00 f~t a%ong t~ ~h lt~ of said Bilk 75 to an tnters~tton w$~ the ~steriy rtght~f-way %S~ ~ ~y ~ 95I a~ t~ ~ster] · line of satd Bilk 75; ~e~e ~h 1~.~ f~t along satd ~s~riy right.f-way %t~ to the ~[NT OF BEG%NN%NG of ~ ~ ~mtn descrt~ pamel; ~ ~l~ ~h %50.~ f~ at~ satd ~s~r%y rtg~-uay; ~ ~st 220.~ f~t; t~nce ~h tSO.O0 f~t to the ~ it~ of t~se la~s ~scrt~ In ~ ~k l~, Page 149I, of t~ ~bItc ~o~s of ~]%$er ~ty, Florida; ~e~e East ~0.00 f~t %t~ ~ the ~[~ OF BEG%NN[NG. ~$d panel ~ntatns 33.~0 square f~t, ~m or less. ~ECT ~ eas~nts, mstrt~Jons and m~e~attons of ..'&;.F. -,.. · ::..'/,- Exhibit "B" 1999 ~--- EXECUTIVE SUMMARY DOA-99-02, KAREN K. BISHOP OF PMS, INC. OF NAPLES, REPRESENTING DEWEY R. GARGIULO AND MICHAEL PROCACCI, TRUSTEES, AND RONTO DEVELOPMENT GROUP, REQUESTING AN AMENDMENT TO THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT (DRI), DEVELOPMENT ORDER 85-4, AS AMENDED FOR THE PURPOSE OF EXTENDING THE DATE BY WHICH TIME SUBSTANTIAL DEVELOPMENT WAS TO HAVE BEGUN FROM MARCH 14, 2000 TO MARCH 11, 2003, FOR PROPERTY LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Parklands (DRI) Development of Regional Impact Development Order for the purpose of extending the date by which time development was to have commenced by an additional three (3) years less one day. Currently, this development order requires initiation of development by March 12, 2000. CONSIDERATIONS: The Parkland PUD is located in Section 10, Township 48 South, Range 26 East, along the boundary line between Collier County and Lee County (see location map following page). Apparently this property has recently been sold to a land development entity who is unable to begin substantial initial construction by March of the year 2000. Consequently, the property owner is seeking an amendment to the development order to specifically extend this date an additional 3 years minus one day from March 12, 2000 to March 11, 2003. Relevant dates as they apply to this Development Order are as follows: 1. BCC approval date - 9/10/85 2. Dismissal of appeal on 3/12/86 (official tolling date) 3. Extended initial construction date from 3/12/96 to 3/12/2000 on 7/27/93 (i.e. 14 years instead of 10 years from date of adoption). Currently the Parklands is approved for 1,603 dwelling units on 642.2 acres of land for a density of 2.5 dwelling units per acre as a golf course community. This development authorization remains consistent with the FLUE at this time. Both the Southwest Regional Planning Council and Department of Community Affairs has reviewed the proposed modification and both have concluded that the change will not create the likelihood Of an additional regional impact. This statement is tantamount to a determination of insubstantialness. SEP 2 8 1999 The Collier County Planning Commission reviewed this amendment on September 2, 1999 and by a unanimous vote they recommended approval. No person spoke or otherwise communicated any objection to the approval of this petition. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: That Petition DOA-99-02 (The Parklands DRI) be approved as described by the Resolution for Adoption and Exhibits thereto. R~)NALD AICP DATE CURRENT PLANNING MANAGES REVIEWED BY: /ROBERTJ. M UL HE RE, A ICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DOA-99-02 EX SUMMARY/mk AGENDA ITEM 7-C TO: FROM: DATE: SERVICES PETITION NO: DOA-99-02, PARKLANDS OWNER/AGENT: Agent: Ms. Karen Bishop PMS of Naples, Inc. 2335 Tamiami Trail N., Suite 408 Naples, Florida 34103 Owner: Mr. Dewey R. Gargiulo & Michael Procacci, Trustees 649 - 5a Avenue South, Suite 221 Naples, Florida 34102 REQUESTED ACTION: This petition seeks to amend the Parklands (DRI) Development of Regional Impact Development Order for the purpose of extending the date by which time development was to have commenced by an additional three (3) years less one day. Currently, this development order requires initiation of development by March 12, 2000. GEOGRAPHIC LOCATION: The Parkland PUD is located in Section 10, Township 48 South, Range 26 East, along the boundary line between Collier County and Lee County (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: Apparently this property has recently been sold to a land development entity who is unable to begin substantial initial construction by March of the year 2000. Consequently, the property owner is seeking an amendment to the development order to specifically extend this date an additional 3 years minus one day from March 12, 2000 to March 11, 2003. Relevant dates as they apply to this Development Order are as follows: 1. BCC approval date - 9/10/85 2. Dismissal of appeal on 3/12/86 (official tolling date) 1 o o Extended initial construction date fi:om 3/12/96 to 3/12/2000 on 7/27/93 (i.e. 14 years instead of 10 years from date of adoption). FLUE CONSISTENCY: Currently the Parklands is approved for 1,603 dwelling units on 642.2 acres of land for a density of 2.5 dwelling units per acre as a golf course community. This development authorization remains consistent with the FLUE at this time. SOUTHWEST REGIONAL PLANNING COUNCIL REVIEW AND COMMENT: On Thursday, June 17, 1999 the Southwest Florida Regional Planning Council (SWFRPC) adopted the following staff recommendations as the SWFRPC's official recommendations regarding the above-referenced Notification of Proposed Change. Notify Collier County, the Florida Department of Community Affairs and the applicant that the proposed changes do not appear to create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the county for technical assistance purposes. Request that Collier County provide a copy of the proposed Development Order Amendment, and any related materials, to the Council in order to ensure that the Amendment is consistent with the Notice of Proposed Change. STAFF REVIEW: Amendments to DRI's relative to timelines for when development actions are to occur and the pace of development are typically viewed as insubstantial revisions and consequently perfunctorily approved. This is typically the case for extensions of five (5) years less one day. Taken cumulatively with the previous phasing extension the proposed change represent a seven (7) year extension less one day of the development commencement date (from 1996 to 2003). Section 380.06(19)(c) Florida Statutes, reads, in part, as follows: "An extension of the date of buildout of a development, or any phase thereof, by 7 of more years shall be presumed to create a substantial deviation subject to further development-of-regional-impact review. These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government." Staff of the regional planning commission in reviewing the amendment concluded the amendment does not require further development of regional impact review. Notwithstanding the above the Board of County Commissioners is not precluded from evaluating the status of the Parklands in relationship to current GiMP goals, objectives and policies and in particular the Future Land Use Element of said GIMP. With re.~ect to current authorized land uses the PUD and the Development Order authorize a golf course oriented residential community c ..~lnsistifi~ll~a~r-~,~ to 1603 mixed residential dwelling units on 642.2 acres of land for a density of 2.5 dw~ling~i~-M-/--~ 2 i $E7281999 acre. This level of density is currently less than that allowed by the FLUE which is four (4) dwelling unit per acre. It should be noted that the current Development Order reserves seventy-five (75) feet along the east boundary for a future north/south roadway that represents the northerly extension of C.R. 951 and a seventy-five (75) foot reservation along the south boundary to facilitate an east/west collector road that would provide for east/west ~'affic movements from 1-75 (Northt ooke Drive) to C.R. 951. Discussion concerning projects in the near environs of the Parklands and in particular with respect to the possible extension of Logan Boulevard from Immokalee Road to Bonita Beach Road has ensued' in the past year. The extension of Logan Boulevard would require the reservation of right-of-way on the west side of the Parklands which was not anticipated in the original approval. Currently, Logan Boulevard is intended to terminate two miles north of Immokalee Road and intersect with the east/west collector road previously identified. If this were to occur, Lee County planners would have to make provision for said ROW extension which is not currently provided for in the Lee County portion of the Parklands. Discussion with Lee County planners confirm that recently approved plans for the Lee County portion of the Parklands makes no provision for a road right-of-way reservation that would align with Logan Boulevard. STAFF RECOMMENDATION; That Petition DOA-99-2 for an amendment to the Parklands Development of Regional Impact Develo'>ment Order to extend the date for commencement if significant physical development from M~a 12, 2000 to March 11, 2003 D opment Order. R6~ ~LD F. I~NO,'~CP CURRENT PLANNING MANAGER be approved as described in draf~ Resolution amending DATE REVIEWED BY: R~RTRT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECT{~= R VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE AGENDA IT~ SF_.P 2 8 1999 Petition Number DOA-99-3 Staff Report for the September 2, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: i'.~CIIAEL ~. BD~U~T.X;HAIRMAN DOA-99-2 STAFF REPORT/md 4 AGENDA ITEM ~. / ~.~' ~'-~ 2 8 1999 Aug-17-99 02:00P Karen Bishop 435-9082 P DATE .O2 I{~e ',f ADplieant(s), Devey R. Gargiulo, Trustee ~plioant'u ~il~f' Ad~s 6~9' 5th Avenue South Suite 221 ~ Napl~ 8~ Flort~ Zfp _ a~ ~ n~ .... Michael Proc~cci, Trustee ~onto ~oup, Contract Purchaser l{ane of Agent Karen K. Bishop Firm PMS of Naples, Illc. ~enta ~tllng AGEI~A SEP 2 B 1999 Parklands PUD - D.O. DRI State #6-8384-43 PUD ORDINANCE NAKE ~RD NUHB~. __~o_unty #85~06-O1-DRI (b) 4. D~TAILED LEGAL DESC$'X~TZON OF THE FROPE~TY CO~ BY ~ ~P~TION (If space is ~ad~ts, at~ on sep~ate page. If r~e~t in~lve~ ~ge to more ~ o~e z~ ~m~ic~ ~l~e separate legal des~pti(~n for ~op~ in~lve~ ~ ~ch d~~. If prope~y is ~d-sha~(L~ s~m~C fi~m (5) ~p~e~ of ~ey (1n ~ 400 ~ soalm). See attacn~. TWR~ APPLIC~%NT IS RF~PONS]:~L~ F01% SUPPLYING DESCRIPTION. ~F QUESTIO~[S ARISE C0NCR3tNIN9 THE LEGAL DES~TIONI AN ENGIREER' S CERTIFICATION ~ BE RE(~%~rR]~D SECTION Collier County - Section 9, Township 48S, Range26E Lee County - Section 4, ~ownship 48S, Range Address or location of subject pro~ert-F Bonita Beach Road Bonita Springs, Florida Does proper~y owner own contiguous prodigy ~o ~ s~b~e~t prope~y? If so, g:[ve compl=te legal desu=iDtion oZ en=l~e contig~ous property,.. (If .s~a~ is lnade~&te, attach on separate page). Not appl~caD e. . .... TYPE OF AM]/NDMENT: A. PUD Documea~ ~ngua~e Amendment .B. PUD Master Pltu~ Amen~t (P.O. #85-4) XX. C. Development O~.':'der Lanquage P~ITION ~ ~ , . AGENDA ITEM No. SEP 2 8 1999 10. I HAS ANY P0~TION OF THE PUD BEL~¢ SOLD AND/OR . DEVELOPED? ARE AN~f CHANGES PROPOSED F~R THE AREA SOLD AND/OR DEVELOPED? Ye~. xx_. No. IF Y~S, D~.$CRX9~: (ATTACH ADDITIONAL SHEETS--i[F NECESSARY). A~rIUAV~_ ~ We, Dewey. m. Gargiulo ~e~ f/~st ~/ly sWO~, depose and sa~ ~at wa~ ~e O~e~s of ~ prope~ ~a~ all ~e ~rs ~ ~e ~est~ons ~ ~s appl~ca~ion~ made a pa~ of th~ a~l~cation, are h~es= and our knowledqe and belief. W~ under;~ th~s appl£oatLon must completed and ac~'~rat;e before a hearLng can be advert~sed~. Ne further permi~ the unde~s~cj~ed T.o act as our' repre~e~&~iv~ in mat~ers regardinq ~him NOT~: SIGNATURES OF ALL OWNERS ARE MANDATORY. Dewey R. Gargiu±o ~ State of Florida County of Collier Karen _K. Bishop PMS of Naples, Inc. PUD\DO APPLICATZON/md/4~2~ AGENDA ITEM' SEP 2 8 1999 FEB-24-gg 01:28P~ FROU-THE RONTO GROUP g415498BTO T-145 P.OB/og F-g31 Real Property Description Parklands East ½ Section 4, Township 48 South, Range 26 East, Lee County, Florida 324.05 acres more or less. AGENDA ITEM SEP 2 8 1999 FEB-24-gg 01:28PM FROU-THE RONTO GROUP g4164gG870 T-145 PiO§/O§ F-g31 Real Property Descdpfion Par~ands Section 9, Township 48 South, Range 26 East, Collier County, Florida 64'4.78 acres more or less. $E7281999 ! ~- .f~ Sep-08-99 09:06A Karen Bishop 435-9082 P.03 Jeffrey C.~iulo 2,260 John R. Gargiuio 1250 Lisa Gargluto 2,250 JoSh Pcocacci 30.t75 Mi¢sael P~ ~8.186 MisSal P., Jr, .663 A~ne~e Pmcac~ .6~ ~aies Co~. 8.218 Sec. 2, T~p. 4, ss, ~,ge. 26E (E {Lee Coun,%') App. 320 acres (Lee Coup) A~. 320 acras Sec, ~, ~. 48S, Rge. 26E (Collier County) App, 680 ~s AGENDA ITEM SEP 2 8 1999 DEVELOPM~f ORDER RESOLUTION NO. 99 A RESOLUTION AMENDING DEVELOPMENT ORDER 85- 4, AS AMENDED OF THE PARKLANDS DEVELOPMENT OR REGIONAL IMPACT (DP-J), BY PROVIDING FOR SECTION ONE TO AMEND THE DATE THE DEVELOPMENT REMAINS IN EFFECT WHI E EXTENDING THE DATE BY WHICH TIME SIGNIFICA T PHYSICAL DEVELOPMENT IS TO BEGIN; SECTION FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSM1TrAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florkla, ~oproved Development Order 85-4 as am~ded (the Des~lopment Order) on Sept~ab~' 10, 1985, which approved a Deveiopn~nt of R~gior~l Impact (DR[) known as P~klands; ~d WHEREAS, art"apical by the Depsrtment of Community Affairs resulted ia a which was approved on March 12, 1986 establishin~ the tollin~ date for purpo~e~ of this Development Order; and WHEREAS, the Board of County commissioners approved Resolution Numi~r 93-285 which amended the Ptridands Development Order, on July 27, 1993 h~viag tl~ ~f~:~ of extending the date from I0 years to 14 years fi.om the date of approval for ia~J~_~o of si~mi~cant physical development; WHEREAS, the Application for DevelopmenI Approval (ADA) w~s iacorpors_!ed and by reference made a part of the Development Order', ~d WHEREAS, the r~l propmy which is tl~ mbj~c~ of the Developm,'~ order is legally descril~d ~d set forth ia Exhibit "A' to th~ Developme~ Order, and WHEREAS, the own~s of the DR[ property desire to ~in ext~d tl~ ~ that development order remai~ in effect; and WHEREAS, Neaie Montgomery, of Pavese, Garner, Havenfield, Dalton, ~ Sensen, L.L.P. and Karen Bishop, of PMS, thC., representing Dewey R. Cmgiulo, and ~ Commissioners of Collier County, Florida, to amend the Develop~ ~t order, and \ WHEREAS, the Board of' Cotinty Commi~onerl of' Collier Cottnty has rmtiew~ and 1999 (SWFRPC) and ~e Collier Count~ P~mm8 Comrm~on and h~d a public hear~ on the pe~on on September IS, I~99; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Comngs~one. Co,er County, Flo~da that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER Paragraph 3 of an untitled section to Development Order 85-4, as amended, the Parklands, is hereby amended to read as follow~: This Development Order shall remain in effect for the duration of the project. However, in the event that s~gnificant physical development has not commenced ~.~.~ .r~u.":~., )~-..'~ by_ Marc~ 11. 2003 in Collier County, development aPlxOVai will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical deve/opment' does not include roads, drainage or landscaping but does include construction of buiidin~-~ or install~on of utilities and faci~ies soch Board of County Commi,.,ioners upon request by the Devdoper in the event that unconu'ollable ~ delay the commencement of development. SECTION TWO: FINDI[NGS OF FACT A. That the real property which is the subject of this amendment petition is legally described ~s set forth in Exhibit 'A', attached hereto and by reference made a pan thereof. B.The application is in accordance with Section 350.06(19), Florida Slattttes. C, The a~oplicant propose~ the development ofthe Parklands on 642.2 acres of land for mixed residential uses and golf course/recreation open space. The requested amendment to the previoudy approved Development Order is con.s/stent with the report and review of the SWFRPC. E A comprOmsive review of the impact generated by the requested SWFRPC. F. The development is not in an area desisned an Area of Critical Stale Concern pursuant to the provisions of Section 380.06, Florida Smuts, as SECTION THREE: CONCLUSIONS OF LAW C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Manasement Plan and the ~ Development Regulations adopted pursuant thereto. D. The proposed chan~es to the previously approved Development Order are cons~ ~ with the State Comprehensive Plan. SECTION FOUR: 'JFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDEI~_S). TRANShOTTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85-4 slufll remain in force and effect, binding in sea:orchnex with its t~ms on all parties th~r~o. Thb sm~nded Dev~opm~nt Order stroll t~k~ prec~l~ex over ~11 applicasble previous De~telopm~t Orders which ar~ in contlict th~'~of. B. Copies of this D~elopm~t Order ~ b~ ~ ~ely upon ex~:ution to the I:~p~tmem of Community Afhirs, Buream of L~nd md W~ter Mm~gement, and th~ Southwest Florida Regional ?l~nning C. Thi~ Du.~Jopm~t Order slufll Uflt~ ¢ffec~ ~s provided by l~w. BE IT FURTHER RESOLVED tl~ this Resolution I~ recorded in tl~ minutes of this Bo~'d. This Resolution adopted aiter motion, second and majority vote. Done this day of ,1999. BOARD OF COUNTY COMMISSIO~ COLLIER COUNTY, FLORIDA PAMII~ S. MAC'KIE, Chairman ATTEST: DWIGHT E. BROCK, Clerk Approved ~s to Form and Legal Sulfx:ien~ STATE OF FLORIDA DEPAR~ OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGElV[ENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 9O4-488-4925 FORM RPM-BSP-PROPCHANGE- 1 J U N I l.q,q DOA99-02 NOTIFICA~ON OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IlVfPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. l,-Karen Bishop, am the undersisned autho~ representative of Ronto Development Group. Mr. Dewey Gargiulo and Mr. Michael Procacci, Trustees, are the owners of the subject property. The owners do hereby give notice of a proposed change to a previously approved Development of Regionnl Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereot~ I submit the following information concerning the amendment which information is uue and con'ect to the best of my knowledge. I have submitted today, under separate cover, copies ofthis completed notifxation to Collier County, to the Southwest Florida Regional Planning Councit, and the Bureau of State Planning, Dep~ of Community Affairs. Date ~ ' Kar~ B'~hop ' ~,~ SSP 2 8 1999 2. Applicant (name, address, phone). Ronto Group 3185 Horseshoe Drive South Naples, Florida 34104 (941) 649-6310 3. Authorized Agent (name, address, phone). Neale Montgomery Pavese~ C~uner, Haverfield, Dalton, Harrison & Jensen, L.L.P. 1533 Hendry Street, Post Office Drawer 1507 Fort Myers, Florida 33902-1507 (941) 334-2195 Karen Bishop PMS, Inc. 2335 Tamiami Trail North, ~408 Naples, Florida 34103 (941) 435-9081 Location (City, County, Township/Range~ection) of approved DRI and proposed change. The property is located in Section 9, Township 48 South, Range 26 East, Collier County, Florida Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Delm-tment or any reviewing agency to clarify the nature of the change or the resulting The application is a request to amend the date for commeoc~mem of th~ proje~X. The cos~nencemmt date was estabiLOed in the Development Order 85-4, on page 29, i~' ~,agraph 3. The date for commencement was ten years from the date of development approvaL The migiml DRI DO was appealed, so the date of develo~ approval was subsequent to tho Septent~ 1985 approv~ The applicant would submit that the actual approval date was on or about March 12, 1986 because that is the date theFmal Orcler of Dismissal was tiledby AGENDA ITEM 2 SEP 2 8 1999 the Florida Land and Water Adjudicatory Commission. The ten-year period to commence would have expired, under this calculation, on or about March 12, 1996. The time frame for commencement was extended by Resolution 93-2ii/Development Order 93-1 for a 4-year period. The language was amended to provide that the development would have to commence in 14 years. The time to commence is at the present time, March 12, 2000. The applicant is working to develop its development plans for the property, and pre 'luninary work on the drainage, transportation and other issues is ongoing. The applicant is going forward ~1 spending money in reliance on the DRI DO. The applicant does not want to work through ail ofthe development ~cl pennitting issues only to find that they have run out of time. They are also concerned that commencement does not include roads and landscaping. One of the first steps in the development of the project will I~ the roads, draina~ mi other infrastmcm~. The applicant does not want to find itselfwith a significant investment in roads and drainage which is definitely commencement fi.om the applicant's perspective, but which isn't commencement fi.om the perspective ofthe DRI DO, and find it has run out of time to commence. Thus, the applicant is hereby requesting an ~xtension of the c~rnencemeni date established in ._the DRI DO for a period of less than seven years. The applicanI previo~ requested a 4-year 364-day extension, but the extension that was actually approved was a 4-year extension. Tht~ this request is for a 2-year 364-day extension. That would place the date for commencement at March 11, 2003. Section 380.06(19), F.S. regulates extensions of the build-out date. The applicant is not asking to extend the date for completion of the project, the applicant is merely requesting an extension of the date to commence. The applicant envisions initiating work in the Lee County portion of the project. The pro formas for the project are based on the entire Parklands DRI. The economic fea.qlglity of the project depends upon the ability oflhe applicant to complete the entire DRI. The actual language change is as follows: This Development Order shall remain in effect for the duration ofthe projea. However, in the event that significant physical development has not commenced within f~n-men by March 11. 2003 in Collier County, development approval win terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include constmcti~ of buildings on or installation of utilities and facilities Board of County Commissioners upon req//lest by the Developer in the event thai unconlrollnble ~ delay the eommen~n,~ of development. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development, If no change is proposed or has o~curred, indicate no 3 SEP 2 8 1999 There is no need to provide a substantial deviation chart because there is no change to any of the land use types. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DR/development order that have been adopted by the local government, and provide a brief description of the previous changes (Lc., any information .Jot already addressed in the Substantial Deviation Determination Chart). Has ~here been a change in local government jurisdiction for any portion of the development since the last approval or development order was bsued? If so, has the annexing local government adopted a new DRI development order for the project? There has been no change in the local government with jurisdiction over the project. The DR/ DO was previously amended by Development Order 93-1/Resolution Number 93-288. The prior c. hat~e removed the ½ section (East ½ of Section 8) of land from the DRI, adjusted the mmix~ ofunits to reflect the removal ofthe East ½ of Section 8. The change did not adjust the mitigation to reflect the reduction in impacts. Describe any lands purchased or optioned within ~ mile of the original DRI site subsequent to the original approval or issuance of the DR/development order. Identify such land, its size, intended use, and adjacent non-project land uses within ½ mile on a project master site plan or other map. Tho owners of the DRI have not pur~ additional lands within % mile ofthe original DR/ site. o Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The change is less than 40°,4 of the criteria listed in Paragraph 380.06(19)(b), F.S. 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. Yes, the change results in an extension of the date for commencement of devel~ 11. Will the proposed change require an amendment to the local government comprehensive plan? X No, the change ~ not require ~:~ amendment to the comprehensive plan. Provide the following for incorporation into such an amended development order, parsuant to Subsectkms 380.06(15'), Ir.S., and 9J-2.02fl, Florida Administrative Code: 4 SEP- 2 8 1999 12. 13. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. The master site plan has not been changed significantly from the Map H on file. Pursuant to Subsection 380.06(19)(I), F.S, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes to the nature, phasing, and built-out date of the development; to development order eondltions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change: Please refer to the response to question 5. for the precise language. The amending language is restated below: This Deve~op~ Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within fora'teen ~y March 11. 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement %ignificant phy~cal development" does not include roads, drainage or landscaping but does inclode construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 5 AGENDA iTEM SE : 2 8 1999