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Agenda 04/13/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 13, 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. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - PASTOR DAVID LEWIS - FIRST BAPTIST CHURCH OF NAPLES 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. March 9, 1999 - Regular Meeting 1 April 13, 1999 B. March 19, 1999 - Workshop ~ C. March 23, 1999 - Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the month of April, 1999 as Water Conservation Month. To be accepted by Mr. Robert Griffin, Chairman, Collier Soil and Water Conservation District. 2) Proclamation proclaiming the week of April 18-24, 1999 as National County Government Week. To be accepted by Robert F. Fernandez, County Administrator, Collier County. 3) Proclamation designating the week of April 18 - 24, 1999 as Collier County Law Enforcement Volunteer Week. B. SERVICE AWARDS 1) Mary. Esch, EMS - 20 Years 2) David Fox, Water Dept. - 5 Years C. PRESENTATIONS 1) Recommendation to recognize Jeff Bolen, Network Tech Professional, ~ Information Technology Department, as Employee of the Month for April 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 1) To present the Certificate of Achievement for Excellence in Finadcial Reporting to the Board of County Commissioners for the Fiscal Yea~: ended September :30, 1997. 2) To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 1998. 7. PUBLIC PETITIONS A. Mr. Elhanon Combs regarding a zoning interpretation. B. Mr. Frank Blanchard, Chairman of the Marco Island Beach Advisory Committee, regarding the dredging of Collier Bay and the installation of T-groins. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve first amendment to the 1998 Tourism Agreement between Collier ~ County and the Tourism Alliance of Collier County. 2 April 13, 1999 2) Accept the 1999 Standard Tourism Agreement between Collier County and the Naples Area Chamber of Commerce. 3) Adoption of a resolution establishing and appointing members to a comprehensive plan standards ad hoc committee to review cjustering and natural resource protection standards. 4) To review the recommendation of the Greater Naples Civic Association (GNCA) regarding the creation of a select committee to oversee the development of a comprehensive urban/rural design master plan for Collier County. 5) Update on Code Enforcement Board action to pursue foreclosure of outstanding liens. B. PUBLIC WORKS C. PUBLIC SERVICES 1) Approve the purchase for 1754- acres of property located one mile south of Immokalee Road between 1-75 and the future Livingston Road for a proposed regional park. 2) A follow up report regarding an effort to establish a Municipal Service Taxing Unit (MSTU) for the construction and maintenance of a neighborhood park on Tract 179 located in Golden Gate. ~__.. D, SUPPORT SERVICES 1) Recommendation to Accept Staff's Analysis of Short-Term General Office Space Needs. E, COUNTY ADMINISTRATOR 1) Presentation of "Post-Accident Drug Testing Program" Initiative. 2) Discussion regarding the revised agenda format to begin with the April 27, 1999 BCC meeting, 3) Report regarding quarterly meetings between the County, Cities and School Board to discuss subjects of mutual concern, F, AIRPORT AUTHORITY 9, COUNTY ATTORNEY'S REPORT 10, BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council. B. This item has been deleted. C. Discussion regarding resolution concerning the official language of government. -'- (Commissioner Carter). 3 April 13, 1999 D. Discussion regarding the prohibition of open fires. (Commissioner Berry) ~'- E. Appointment of members to the Collier County Industrial Development Authority. F. Appointment of members to the Health Facilities Authority. G. Appointment of members to the Housing Finance Authority. H. Resolution regarding animal abuse and cruelty cases investigated by Domestic Animal Services. (Commissioner Constantine) 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 C. OTHER 1) Petition SNR-98-13, Donna Devlin, requesting a street name change from 28m Avenue SW to Painted Leaf Lane, located in Golden Gate Estates Unit 30, in Section 29, Township 49 South, Range 26 East. 2) Petition SNR-98-10, Donna Devlin, requesting a street name change from 18"' Avenue SW to Cedar Tree Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 3) Petition SNR-98-12, Donna Devlin, requesting a street name change from 26"' Avenue SW to Copper Leaf Lane, located in Golden Gate Estates Unit 30, in Section 29, Township 49 South, Range 26 East. 4) Petition SNR-98-9, Donna Devlin, requesting a street name change from 20m Avenue SW to Westport Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 5) Petition SNR-98-7, Donna Devlin, requesting a street name change from 24"' Avenue SW to Star Grass Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 6) Petition SNR-98-8, Donna Devlin, requesting a street name change from 22'a Avenue SW to Sea Grass Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 4 April 13, 1999 7) Amendment to the Code Enforcement Board Ordinance providing the ability to establish more than one Board and increasing the status of liens filed by the Board. 8) An lntedocal Agreement between the City of Naples and Collier County providiug for the subsequent issuance of PD zoning and DRI Development Orden by the City of Naples for the entire project consisting of a marina with 450 dry storage bay capacity and 36 wet slips; marina and related sales, restaurants, marine construction staging, and boat and marine sales and rentals, known as Hamilton Harbor located off Bay, Fern, and Danford Streets in Sections 22, 23 and 27, Township 50 South, Range 25 East within the City of Naples, Collier County, Florida consisting of 103+ acres and also located in Section 23, Township 50 South, Range 25 East within the unincorporated Collier County, Florida, consisting of 21+ acres. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 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) Approve the Satisfaction of Lien for Public Nuisance Resolution 98-413. 2) Accept second amendment to the 1997 Tourism Agreement between Collier County and Visit Naples, Inc. 3) Request to approve for recording the final plat of Villas at Greenwood Lake and approval of the performance security. 4) Approval of site alterations exceeding 25 acres for clearing and filling in the Cedar Hammock Golf Course Development. 5) Request for authorization to pay for a transportation analysis prepared by URS Greiner Woodward-Clyde related to the Comprehensive Plan Amendmeats for density reduction. 6) Request for additional funding to prepare work products related to the Comprehensive Plan Amendments for density reduction. 7) Approve the attached Satisfaction of Lien for Public Nuisance Resolution ~ 94-496 5 April 13, 1999 8) Authorization of a 50% waiver/50% deferral of impact fees for one house to be built by Timothy M. Ringer and Molly A. Ringer in Golden Gate Estates, ~----- Collier County. 9) Authorization of a 50% waiver/50% deferral of impact fees for one house to be built by Susan J. Frederick in Golden Gate Estates, Collier County. 10) Authorization of a 50% waiver/50% deferral of impact fees for one house to be built by Julio C. Cisneros and Yadira Cisneros on Lot 10, Block 3 in Naples Manor Addition, Collier County. 11) Request to approve the final plat of "Pebblebrooke Lakes Phase2' 12) Authorization of a 50% waiver/50% deferral of impact fees for one house to be built by Rene Trejo in Naples Manor Annex, Collier County. 13) Approve the attached Satisfaction of Liens for Public Nuisance Resolutions: 91-675, 91-410, 91-409, 90-551, 90-46 14) Request to approve for recording the final plat of "Riverchase Commons" and approval of the performance security. 15) App~'oval of a lease agreement between Collier County and Acme Towers, Inc. B. PUBLIC WORKS 1) Approval to renew Contract #95-2430 for Engineering Services, Bridge and ~ Structure Repairs. 2) Approve a Budget Amendment to replace a generator and renovate the electrical system at the Naples Landfill Scalehouse. 3) Approve a Road Impact Fee Determination for SL Katherine's Greek Orthodox Church. 4) Award a Contract to Native Technologies, Inc. for Phase VII, County-wide Ditch Bank Clearing Project, Bid No. 99-2914. 5) Reject RFP #98-2866 for Fixed Term Professional Construction Engineering Inspection Services. 6) Approve Work Order ABB-FT-99-1 to A~noli, Barber and Brundage, Inc. for Engineering Services rclatcd to a Proposed 16-inch Water Main along Radio Road, Project 70029. 7) Approve an Agreement between the County and U.S. Home Corporation (USHC) for Median Landscape Improvements on CR 951 adjacent to Naples Heritage Golf and Country Club (NHGCC). 8) Change Order No. 1 to Addendum No. 3 of the Agreement with Law Engineering and Environmental Services, Inc. for engineering and permitting work on the Lely Area Stormwater Improvement Project (Project No. 31101). 6 April 13, 1999 9) Approve Amendment No. I to Professional Services Agreement with Greeley and Hansen for design and implementation of 30-inch parallel sewer force ~.--- main on lmmokalee Road, Contract ~98-2790, Project No. 73943. 10) Approve Revised Settlement Agreement and Final Change Order related to the South County Reclaimed Water Storage Ponds, Project 74011. 11) Reject Bid No. 98-2834 for Ostrophosphate/Polyphosphate 12) Increase dollar amount for Sole Source Purchase Order #913339 to Robicon for variable frequency drive repairs. 13) Award Bid 99-2918 for Water Meters 14) Approve an Agreement providing for County Traffic Control Jurisdiction over roads within the Villages of Monterey Subdivision. C. PUBLIC SERVICES 1) Approve a resolution appointing officers to Collier County Agriculture Fair and Exposition, Inc. Board of Directors. 2) Approve agreements with performers for Jazz Festival. 3) Authorize the County Attorney's office to draft an ordinance amendment to increase the Tourist Tax allocation for the Collier County Museum. D. SUPPORT SERVICES 1) Approval of an Agreement between Riccardo B. Rivas, Ph.D., P.A. and Collier County for the Maintenance of a Crisis Response Team in the Event of a Disaster. 2) A Resolution for Approving the Satisfaction of Lien for a Certain Residential Account Wherein the County has received Payment and Said Lien is Satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 3) A Resolution for Approving the Satisfactions of Liens for Certain Residential Accounts Wherein the County has received Payment and Said Liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 4) A Resolution for Approving the Satisfactions of Liens for Certain Residential Accounts Wherein the County has received and Said Liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 5) Local Mitigation Strategy Contract Modification Between the Florida Department of Community Affairs and Collier County. 6) Approve a Budget Amendment for Handicap Improvements at the Main Courthouse. 7 April 13, 1999 7) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida, 8) A Resolution for Approving the Satisfaction of Lien for a Certain Residential Account Wherein the County has received Payment and Said Lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal Sen'ices Special Assessments. 9) A Resolution for Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County has received Payment and said Liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 10) Award of Quotes to Three (3) Vendors for Telemetry Service in Excess of the $25,000 Bid Limit. 11) Contract between Collier County and the Southwest Florida Regional Planning Council for Hazards Vulnerability and Critical Facilities Mapping. 12) Approve the Purchase of an E-One 1998 Navistar Class "A" Pumpcr. 13) To Authorize Chairman to Sign State of Florida EMS Matching Grant Applications. E. COUNTY ADMINISTRATOR ;A 1) Budget Amendment Report - Budget Amendment Nos. 99-212 and 99-216. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed H. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to the Board of County Commissioners to support the COPS Universal Hiring Program Supplemental Grant Award #95CCWX0265. 2) Recommendation that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the State of Fiorida's Department of Community Affairs' Anti-Drug Abuse Act Formula Grant Program. L COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners adopt a resolution establishing an alternative procedure for the approval of subdivision plats. J. AIRPORT AUTHORITY 1) Approve a Budget Amendment that will recognize In-Kind Services of $16,000 to be provided by the Florida Department of Corrections. 2) This item has been deleted. 8 April 13, 1999 3) Approve a Budget Amendment that will increase the Mangrove Clearing Project Budget by $36,667.00. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. Petition CU-99-1, Blair Foley, of Coastal Engineering Consultants, Inc., representing Alexander Salem, requesting Conditional Use "7" of the agriculture zoning district to allow a church and related facilities for property located on the southwest corner of Immokalee Road (CR-846) and Rivers Road, in Section 30, Township 48 South, Range 27 East, Collier County, Florida. B. Petition V-99-2, Stanley V. Richards representing William and Tara Sparacio requesting a 1.44 foot after-the-fact variance from the required 30 foot side yard to 28.56 feet for a single family residence under construction. The subject property is located on 17tl* Street S.W. and is further described as the south 180 feet of Tract 106, Golden Gate Estates, Unit 194. C. Petition PUD-98-19 Robert L. Duane, AICP, of Hole, Montes & Associates, Inc. representing Boyne South U.S.A., requesting a fezone from RSF-3, GC, C-3 and "A' to "PUD' Planned Unit Development to be known as Boyne South for a maximum of 154 single family and multi-family dwelling units, a 64-unit motel, a golf course, club house and driving range for property located on the south side of U.S. 41 East, approximately 5 miles east of C.R. 951, in Section 20, Township 51 South, Range 27 East, Collier County, Florida containing 242.35 +/- acres. D. CONTINUED TO THE APRIL 27, 1999 MEETING. Petition PUD-98-21, David H. Farmer, E.L, of Coastal Engineering Consultants, Inc., representing The Club Estates, L.C., requesting a rezone from "PUD" to "PUD' Planned Unit Development in order to merge The Club Estates PUD (Ordinance No. 97-69) and 99+ acres of the Casa Dei Sol PUD (Ordinance No. 89-70) into a new Planned Unit Development referred to as The Club Estates PUD which will consist of 51 residential dwelling units and a common tennis recreation area for property located on the west side of C.R. 951 approximately one mile north of Rattlesnake Hammock Road in Section 10, Township 50 South, Range 26 East, Collier County, Florida, consisting of 254.7 + acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 9 Apfil13,1999 WORKSHOP A BOARD OF COUNTY COMMISSIONERS' WORKSHOP TO DISCUSS THE PROPOSED LOCAL OPTION SALES TAX WILL BE HELD IMMEDIATELY FOLLOWING THE REGULARLY SCHEDULED BOARD MEETING. 10 April 13, 1999 PROCLAI~A TZON WHEREAS, the Florida Water Wise Council, Znc., an or anization of public and pn'vate partnerships, was created in 1993 ~; the Florida Xeriscape '~"" Committee in order to encourage oH aspects of water conservation omon9 producers and users and to promote and ocht~ve sound water management practices which will protect the environment,' and, WHEREAS, with over 100 volunteer members re resentin industries, organizations and government agencies, the F!o~7'~o Water ~ Council strives to foster cooperoh~n omon9 diverse water-use interests, including members of the agriculture industry, the plumbin9 industry, utilities, developers, environmentolists, manufacturers, contractors, and educators, as well as 9overnmentol and regulotory agencies; and, WHEREAS, the Council consistently promotes water conservation by establishin9 educoh~n networks, supportin9 research for water use efficiency, developing water w~e 9uideh~es, disseminotin9 water conservation ~formot~n, serv~9 as a resource for the development of statewide partnerships. and advocating water management practices which are compatible with economic growth.' and, WHEREAs. the Florida Water Wise Council has identified on additional opportunity ~o raise conservnfion n~r~n~s ond has designated April, ~picolly ~he Ios~ ~on~h of FtoH~ d~ s~bn When.water needs ore most acute, os Florida ~ ~aupural ~oter Conse~nt,~n.~on~h to educate consumeps abou~ ~he need ~or conservoHon and they con help save ~he $tnte~ p~evious WHEREAS, res~tidl,~ 've man~ ~ys to XeHscope /and~ca~[ng and conserve water,' and, ~ .'~ WHEREAS, to save water, water [onsePvi~ ~ems fop iP~o~o~,' com~ tO consenv[~ water, o n~ v/to/to /n Collz~r Coun~/'and Urge eV~jz cor~Umer to become more aware of the need to save our preciOus water supply and to take appropr/ate measures to conserve and protect thz~ v/ta/ natura/ resource. DONE AND ORDERED THIS 13th Day of April, 199~. gOARD OF COUNTY COA4A4ZSSZONERS COLLZER COUNTY, FLORZDA PAMELA S. MAC'KIE, CHAZr~WOMAN A rrE5 T.. AGENDA ITEM DWZ6HT E t~ROCK, CLERK No. ~Pt- / APR 13 1999 pg, / PROCLAA4A T_TON ... WHEREAS, Amer/ca~ eorl/est imm~ronts ploced preot faith ;~ the county form of government, which traces its roots to Englishsh;~e,' and, WHEREAS, county 9overnment is truly v/to/to the nafion~ citizenry, setvia9 os the most resonant and pure of local government voices,' and, WHEREAS, when the federal government was formed, the froreefs of the Constitution gave 9rent we;~hf to fhe imporfonce of county 9overnmenf and its dual value ~o bofh fhe sfofe and federal 9overnmenf; and, WHEREAS, county 9overnmenf ~ primary concern is ~o assure fhof counfy {eoders provide informoften and encournpemenf fhof foge fher fhey con build sfron9 susfoinobl~ communif;~ which nurfure fhe economiC, env~onmenfol and social well-b~;~9 of oH ~HEREA6, fhe qualify of fife for oH AmeriCans is dependent upon choices fhof occommodofe econom~ dcvelopmenf while preserving vital natural en w~onmen fol sy~s,' and, WHEREAS, nofurn~ scen~, cultural and hisfor;~ r~ourc~s ore ;~porfonf commuN~ asseft.' and, WHEREAS. fhe process of orrivin9 of o commun/fy vision should be open and inclusiw and reflect fh~ di~ers~ populofion of fh~ caromunify,' and, WHEREAS, safe, heolfhy, drug-free caromunifies ore nec~o~ ~o ensure o high q~lify of HIe for ifs cif;ie~s,' WHEREAS. caromunify sfnbih'fy and social well-being 9o hand-in-hand; and, WHEREAS. jO~mu,~ lenders and oH citizens should fok~ o step fo learn about resourc~ and programs ovaliable fhof con work fo ~prove fhe;~ communHy~ susfoinobilify. NO~ THEREFOR~ be if procloimed by the 8nard of Counfy CommissiOners of Colh~r Count, Florida, fhot April 18-24, I999 be designofed NA ~ONAL COUN~ 60VE~N~ENT WEEK bONE ANO ORbeReb THZ~ 13fh boy of April, ~OARO OF COUN~ COLLZER COUNt, FLORZOA PAMELA S. MAC'KIE, CHAIRWOMAN A TTE5' b 14/i'GHTE BROCK, CLERK ...... AGENDA ITEM APR 13 1999 t P_.ROCI~AMATION WIIEREAS, the week of April 18 - 24, 1999, has been designated as "National Vohmteer Week"; and WtIERE4S, the Sheriff of Collier County has designated this week as "Collier Counly Law E~forcement \,'ohmleer Week" in apprecialion of the dedicated law enforcement volunteers serving this commumty; and WIlERE.IS, over 70 vohm~cers of the Collier County Sheriff's Office unselfishly contributed approxmmlely 17.610 hours of sen'ice in 1998 for the bene~l of the comnmnily and the Collier Counly Sheriff's Office. WtlEREAS, the volunteers of the Collier Cotrely Sheriff's Office perform in an exemplary, dedicatetl and conscientiot~s manner in many capacities and environments; and WIlERE-IS, 14~w Enforcement ~olnnleer senices have saved Collier Cottory taxpayers an estimated $17t),~ 1 [); and WllEREAS, this proclamatinn recognizes tile tremendous colllribulion and experience our civilian vohmteers bring to'the Collier Cottory Sl~eriff's Office and the comnlunny: NOW 171EREFORE, be it proclaimed by the Board of ('t~unly Commissioners of Collier Cattory, Florida, that the week of April 18 - 24, 1999. be designated as "COLI.I[.ZR COUNTY I.A~V ENFORCEMENT VO1.UNTEER WEEK" u~ honor of lhose x~ho give so nloch of themselves to bene[]l olhgrs a~3d to serve the citl2ens of Collier CotHlty. DONE A.VI) ORDERED 77115 131h day of April, 1999. BOARD OF COUNTY COMMISSIONERS C{)IA.I I'.'I,t C()I. INTY, I"I.()RII)A DON !I"UN~.2..~}IIERIF!r PAMEI~A S. MAC'KIE. CIIAIRXVOMAN ' 13 1999 D%VIGHT E. BR()CK. CLIZRK I ... ,.. - .. EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JEFF BOLEN, NETWORK TECHNOLOGY PROFESSIONAL, INFORMATION TECHNOLOGY DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR APRIL 1999. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions that produce significant results for the County. CONSIDERATIONS: Jeff has been employed with the Information Technology Department since 1996. He is an outstanding employee who has been chosen many times for Outstanding Customer Service and Teamwork Awards by his fellow employees. Jeff has extended himself by working overtime on weekends and after hours without hesitation or complaint. He is always available to assist fellow Information Technology staff members, as well as other county employees. Jeff has proven to be an exemplary employee and without hesitation has been chosen as April'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's Budget Cost Center. RECOMMENDATION: That Jeff Bolen, Network Technology Professional, Information Technology Department, be recognized as the "Employee of the Month" for April 1999. Mary-Jo<- ar! Admmistra'~t~ve Seere_~aryl APPROVED BY: / / ~ " ' - ~Phil Ti0~l" ~' / Staff Liaison to the Employee Adviso~ Committee AGENDA ITEM No. --- APR 13 1999 ....... EXECUTIVE S DLI/IMAR Y TO PRESENT THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE BOARD OF COUNTY COMMISSIONERS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997 OBJECTIVE: To inform and present to the Board of County Commissioners the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended September 30, 1997. CONSIDERATIONS: The Clerk of the Circuit Court ser~dng in the capacity as Ex-Officio Clerk to the Board of County Commissioners is responsible for coordination of the annual independent audit along with the production of the comprehensive annual financial report. In this role, the Clerk participates in the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting program. This award program xvas established by the GFOA in 1945 to encourage government units to prepare and publish an easily readable and understandable comprehensive annual financial report covering all transactions of the government during the fiscal year. The GFOA, along ~vith the Clerk of the Circuit Court, believes that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. The comprehensive annual financial reports prepared by and for Collier County go beyond the requirements of generally accepted accounting principles by providing the many users of our "" financial statements a wide variety of information with which to evaluate the financial condition of this County. Collier County has received this prestigious award for eleven consecutive years, and it is with great pride that we inform and present to the Board the award for the twelfth consecutive year for the comprehensive annual financial report that was prepared for the year ended September 30, 1997. GROtFTH MA_~,MGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners accept the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the comprehensive annual financial report for the period ended September 30, 1997. //'James L. Mitchell, CIX, CFE, CBA Cler~:e Circuit Cou~ EXECUTIVE SUMMAR Y PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE COMPREHENSIVE AN~rUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998. OBJECTIVE: To present to the Board of County Commissioners the comprehensive annual financial report for the year ended September 30, 1998. CO~SIDERA TIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio Clerk to the Board of Count), Commissioners is responsible for the coordination of the annual independent audit along with the production of the comprehensive annual financial report. In this role, the Clerk is pleased to present to the Board the comprehensive annual financial report for the fiscal year ended September 30, 1998. The comprehensive annual financial report represents a significant investment of effort by the Finance and Accounting Department along with those involved County employees. We would like to express our appreciation to KPMG LLP, this Board, the other Constitutional Officers, the County Administrator, the Division Administrators and the Department Directors, not only for their assistance with the CAFR, but for their assistance throughout the year in matters pertaining to the financial affairs of Collier Count),. GROIVTH MANAGE~IIENT LIIIPACT: None. FISC4L IMPACT: None. RECOM~IENDATION: That the Collier County Board of County Commissioners accepts the comprehensive annual financial report for the period ended September 30, 1998. Prepared By: J~ames ~'~ Date: L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Court .,; COLLAR COLINTY ADMINISTRATOR'S OFFICE 3301 E. TAMIA~MI TRAIL NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 March 29, 1999 A CERTIFIED BLUE CHIP CO~LMUNITY Mr. Elhanon Combs Mar-Good Resort On-The-Water P. O. Box 248 321 Pear Tree Avenuue Goodland, Florida 34140 Re: Request for Public Petition - Zoning Interpretation Dear Mr. Elhanon: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 13, 1999 regarding the above referenced subject. Your petition to the Board of Count5., Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the govemment complex. Please arrange to be present at this meeting and to respond to inquiries bv Board members. If you require any further information or assistance, please do not hesitate to contact this office. Very. truly yours, Count>, Administrator RFF/bp cc: Counw Attorney Community Development Division APR 13 1999 "' 6 DATE , ;:"': - "" ~ ACTION: MAR-GOOD RESORT ON-THE %i'ER (The Best of Marco & Goodland' '" RESORT Heart of the 10,000 Islands ;~ ......... ~ .......... By Boat, Marker 7 March 22. 1999 Mr. Robert Femandez CounB' Administrator Courthouse Complex 3301 East Trail Naples. Fla. 34104 Dear Mr. Femandez: We have been xvorhng with Ms. Michellc Arnold_ Director Code Enforcement. regarding a interpetatlon of zoning on a piece of propert).' xve own in Collier Count).'. In order to get the zomng issue straightened out. she suggested that xve contact you in order to be able to get on the Board of Count,,' Commissioners in their capaciD' of Board of Zoning Appeals. Time is of the essence for all parties concerned. We ~vould appreciate )'our taking the time to see that we can get this straightened out as quicldy as possible. If you xvould like to talk to me at an)time. you can reach me at either 261 .-0031 of 394-6383. Thank you for )'our cooperation. Sincerely. Elhanon Combs A? l I 3 ES9 P.C). BOX .'248 · 3.'21 PEAR TREE AVE. · GOODLAND, FLORIDA 34140 . PHONE: 941-394-6383 · FAX: 941-39~a ~ ~ MAR-GOOD RESORT ON-THE-WATER (The Best of Marco & Goodland) R.V. PARK, COTTAGES, RESTAURANT, CONVENIENCE STORE &: MARINA Heart of the 10,000 Islands RE S 0 RT By Boat, Marker 7 March 22. 1999 Collier Count-,' Code Enforcement 3301 East Trail Naples. Fla. 34104 Dear Board Members: We received txvo letters from )'our office. One dated March 10. 1999 from planning and one from code enforcement. On March 5. 1999 Mr. Ross Gochenaur and Ms. Mjchelle Arnold were hear for a meeting on this subject. The tl~ree outlets were not in use then and the)' have not been in use since. It seems to us that there is a zomng issue here. One department says we are a legal non.conforming use and another says xvc arc single family. We feel thcsc outlets should be left on even though not in use until this .~--- "zoning" issue is resolved As for the Health Dcpartmcnt lcttcr. I have read the pamphlet provided 137,.' the Dept. of Health 10.0-26-140 and xvc do not find an',' wording that savs we arc m violation of sewer problems. Wc have nevcr had scx~cr problems however. x~c do havc the tanks pumped from time to time for our own protection As you -know xxc cannol correct the code violalions until thc zoning inlerprelalion of Mar-Good Resort is made lhc Collier County Commission actlng as zoning beard. Mar-Good Resort has been a permitted and designated use for over 50 years! Sincerely. ~--Q , Mr. & Mrs. Elhanon Combs c: Commissioncr Pamela C Mac'Kie Commissioner Timothy Constantine Commissioner Barbara Berry Commissioner John Norris Commissioner James Carter Robert F. Fernandez. Count).' Administrator Vincent A Cautero Robert J. Mulhere Michcllc E. Arnold Cathenne C. Case-Brad[~'.EnvironmentaJ Health Pg. -~ P.O. ~O× 248 · 3~ PEAR TREE AVE.. COODLAND, FLORIDA 34140 · PHONE: 941-394-6383 · FAX: 941-394-4845 /COLLIER COUNTY ADMINISTRATOR'S OFFICE 3301 E. TAMIA2viI TRAIL NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 April 2, 1999 A CERTIFIED BLUE CHIP COMMUNITY A. William Moss City Manager City of Marco Island 950 North Collier Boulevard Suite 308 Marco Island, FL 34145 Re: Request for Public Petition - Dredging of Collier Bay - Installation ofT-Groins Dear Mr. Moss: Please be advised that you are scheduled to appear before the Collier Count>' Board of Commissioners at the meeting of April 13, 1999 regarding the above referenced subject. Your petition to the Board of Counw Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on vour petition at this meeting. However, your petition may be placed on a future agcncla 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 bv the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. County Administrator ~ RFF/bp cc: County Attorney Public Works Administrator · 'NAO?!END~EM 7 / pg ....... / Michael McNees Assistant County Manager 3301 East Tamiami Trail Naples, FL 34112 Dear Mr, McNees: The City of Marco Island respectfully requests that Mr. Frank Blanchard, acting as Chairman of the Beach Advisory Committee, be offered 'the opportunity to address the Board of County Commissions under public petitions on April 13'~' Mr. Blanchard desires the opportunity to present '[he Board with the need for dredging Collier Bay and the installation of two T- groins along Big Marco Pass. Said presentation will be consistent with a resolution approved by City Council on February 1, 1999, which is attached for your reference. Mr. Blanchard will be seeking BCC support in directing County staff to expedite the permit process necessary for the dredging and installation of the two T-groins. By the resolution approved by City Council, the work desired should be completed in 1999. Should Mr. Blanchard not be able to appear before the Board at the April 13'h meetinc~ due to scheduling/agenda constraints, the City would appreciate your efforts to ensure prompt placement on the next Board of County Commissioner's agenda. Sincerely yours, A. William Moss City Manager ' AGEN'D T, M Attachment No,~ ! !999 950 .×orth Coili~r Boulcvard, Suite 308, X'larco Is~.and. FI, 3-1 145 (941] 3$9-5t)00 l'~X. (941) 389-4359 Pg ..... EXECUTIVE SUMMARY ACCEPT THE FIRST AMENDMENT TO THE 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY. OBJECTIVE: To have the Board of County Commissioners accept the first amendment to the 1998 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County. CONSIDERATIONS: On 7/27/98, the Tourism Alliance of Collier County (TAC) requested $1,400,000 in Tourism Development funding to pay tourism promotion and advertising expenses for FY 98-99. The TDC agreed in concept to fully fund the program, but, based on tourist tax receipts, only $1,195,429 was available at that time. TDC members suggested that the TAC return later in the fiscal year to request the remaining funds needed to complete their advertising and promotions campaign as proposed. On 9/1/98, the Board of County Commissioners approved TDC funding for the TAC in the amount of $1,195,429. Staff has determined that based on year-to-date tourist tax receipts, there is an additional $176,849 available for tourism promotion and advertising. On 1/25/99, the TAC presented a progress report and a request for additional funding to the TDC, as previously suggested. The TDC recommended increasing TAC funding by $176,849, bringing the total contracted amount for FY 98-99 to $1,372,278. At this level of funding, the program is still $27,722 short of the original request, but the TDC members agreed that the additional funding would have a positive impact on the County's tourism industry. This is an amendment to the standard 1998 tourism agreement. SUPPLEMENTAL MATERIAL: Copies of the amended tourism agreement are available for review in the Housing and Urban Improvement office and in the Office of Minutes and Records. FISCAL I~IPACT: $176,849 is available in the TDC Fund. A budget amendment will be required to transfer funds to the project from reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the first amendment to the 1998 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County, authorize the Chairwoman to sign the agreement, and approve the associated budget amendment. / i / J ,? Helene Caseltine Date Economic Development Mgr. APPROVED BY: ' 3 - , AICP, Administrator Date Community Dev. & Environmental Services APR 13 EXECUTIVE SUMMARY ACCEPT THE FIRST AMENDMENT TO THE 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY. OBJECTIVE: To have the Board of County Commissioners accept the first amendment to the 1998 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County. CONSIDERATIONS: On 7/27/98, the Tourism Alliance of Collier County (TAC) requested $1,400,000 in Tourism Development funding to pay tourism promotion and advertising expenses for FY 98-99. The TDC agreed in concept to fully fund the program, but, based on tourist tax receipts, only $1,195,429 was available at that time. TDC members suggested that the TAC return later in the fiscal year to request the remaining funds needed to complete their advertising and promotions campaign as proposed. On 9/1/98, the Board of County Commissioners approved TDC funding for the TAC in the amount of $1,195,429. Staff has determined that based on year-to-date tourist tax receipts, there is an additional $176,849 available for tourism promotion and advertising. On 1/25/99, the TAC presented a progress report and a request for additional funding to the TDC, as previously suggested. The TDC recommended increasing TAC funding by $176,849, bringing the total contracted amount for FY 98-99 to $1,372,278. At this level of funding, the program is still $27,722 short of the original request, but the TDC members agreed that the additional funkling would have a positive impact on the County's tourism industry. This is an amendment to the standard 1998 tourism agreement. SUPPLEMENTAL MATERIAL: Copies of the amended tourism agreement are available for review in the Housing and Urban Improvement office and in the Office of Minutes and Records. FISCAL IMPACT: $176,849 is available in the TDC Fund. A budget amendment will be required to transfer funds to the project from reserves. GROWTIt MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the first amendment to the 1998 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County, PREPARED BY: ~ J;//A_~ ~ _ . ,~ C~C~- ~ Helene Caseltine Date Economic Development Mgr. REVIEWED BY: ~ ~/~//~ ~/~' T~ APPROVED BY: Vincent A. Cautero, AICP, Administrator Date Community Dev. & Environmental Services FIRST AMENDMENT TO 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this day of ., 1999, by and between the Tourism Alliance of Collier County, composed of Visit NalS'les, Inc., and the Marco Island Chamber of Commerce, Inc. on behalf of the Marco Island and Everglades Convention and Visitors Bureau, hereinafler collectively referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY and the GRANTEE entered into a 1998 Tourism Agreement dated September 1, 1998 (the "Agreement") in the amount of One Million, One Hundred Ninety-five Thousand, Four Hundred and Twenty-nine Dollars ($1,195,429.00); and WHEREAS, GRANTEE has requested an increase in the amount funded; and WHEREAS, the COUNTY agrees to the requested increase in funding. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section 2 to the Agreement shall be deleted in its entirety and replaced with the following language: PAYMENT: The amount to be paid under this Agreement shall be One Million, Three Hundred Seventy-two Thousand', Two Hundred Seventy-eight Dollars ($1,372,278.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE 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". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 2. Exhibit "A" to the Agreement shall be deleted in its entirety and replaced with Exhibit "A" attached to this First Amendment to Agreement. 3. Except as set forth herein, all of the terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA :' :' :' :' ."~:.' :' :' :' :.:... 2.:.i.:.~ By: .'-:.'.'.'.'.'.'. PAMELA S. MAC'KIE, Chairwoman WITNESSES: GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY x~~FJ~'--~...__ By: Visit Naples, Inc. By: ~ Fdnted~ed Name .... fin e e ame Pdnt~d~d Name (corporate seal) NE ES: By: Marco am er o ommerce, Inc. / By: ~ _ l:/fi,~ ~ .~ . ,,..XbyE~TL~.. Printed/Typed Title P~ed/Typed Name / 3 Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney h:/hg/hfaJ99TDC/1 ~ Amend The Tourism Alliance of CC 4 EXECUTIVE SUMMARY ACCEPT THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES AREA CHAMBER OF COMMERCE. OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism Development agreement between Collier County and the Naples Area Chamber of Commerce thus creating a Collier County Film Office. CONSIDERATIONS: Beginning in 1996, Collier County had had an Interlocal Agreement with Lee County to fund and operate a Southwest Florida Film Office, which included $80,000 per year in TDC funding. This agreement was dissolved on 9/30/98. On 1/25/99, the Naples Area Chamber of Commerce requested $80,000 in TDC funding to operate a Collier County Film Office. On a 5-2 vote, the TDC recommended funding up to $50,000 to operate a Collier County Film Office housed within the Naples Area Chamber of Commerce through the end of the 1998-99 fiscal year. SUPPLEMENTAL MATERIAL: Copies of the tourism agreement are available for review in the Housing and Urban Improvement office and in the Office of Minutes and Records. FISCAL IMPACT: $50,000 is available in the TDC Fund 194. A budget amendment will be required to transfer funds to the project from reserves so remittances can be paid. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the 1999 Tourism Development agreement between Collier County and the Naples Area Chamber of Commerce, approve the associated budget amendment, and autho,Tze the Chairwoman to sign the agreement. ,-x fi~ne c~G~h~; " Date Economic Development M~. ~EWED .... ~ u~ , Director te Ho ~d U~ban Improvement APPRO~D BY ' ?'~' ~ Vincent A. Cautero, AICP, AdminisWator Date Communi~ Dev. & Environmental Services APR 13 1999 Pg. / EXECUTIVE SUMMARY ACCEPT THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES AREA CHAMBER OF COMMERCE. OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism Development agreement between Collier County and the Naples Area Chamber of Commerce thus creating a Collier County Film Office. CONSIDERATIONS: Beginning in 1996, Collier County had had an Interlocal Agreement with Lee County to fund and operate a Southwest Florida Film Office, which included $80,000 per year in TDC funding. This agreement was dissolved on 9/30/98. On 1/25/99, the Naples Area Chamber of Commerce requested $80,000 in TDC funding to operate a Collier County Film Office. On a 5-2 vote, the TDC recommended funding up to $50,000 to operate a Collier County Film Office housed within the Naples Area Chamber of Commerce through the end of the 1998-99 fiscal year. SUPPLEMENTAL MATERIAL: Copies of the tourism agreement are available for review in the Housing and Urban hnprovement office and in the Office of Minutes and Records. FISCAL IMPA('T: $50.000 is available in the TDC Fund 194. A budget anaendment will be required to transfer timds to the project from reserves so remittances can be paid. GROWTIt MANA(;EMENT IMPACT: None RECOMMENI)A'!'!ON S: That the Board of County (~omn~issioners accept the 1999 Tourism Development agreement between Collier County and the Naples Area Chamber of ('ommcrce, approve the associated budget amcndn3cnt, and authoTze the Chairwoman to sign the agreement. ' ene Caseltin " ~i'~ate 7 t~c{ mom ic I)evelopment M gr. ( ;rc~ihalic, Director 1 )ate lhmsing and Urban hnprovcmcnt 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES AREA CHAMBER OF COMMERCE, INC. REGARDING THE OPERATION OF A COLLIER COUNTY FILM OFFICE THIS AGREEMENT, is made and entered into this __ day of ., 1999, by and between the Naples Area Chamber of Commerce, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of Collier County nationally and internationally by the support and operation of a Collier County Film Office; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED LIPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall operate a Collier County Film Office. 2. PAYMENT: The amount to be paid under this Agreement shall be Fifty Thousand Dollars ($50,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been prope~y provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE 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." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ellie Krier, Executive Vice President Naples Area Chamber of Commerce 3620 Tamiami Trail North Naples, Florida 34103 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such tennination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 4 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. pROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on [date Board approves] and shall terminate on September 30, 1999. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agree- ment, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION Ot~' TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement. 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA · 2' By: PAMELA S. MAC' KIE, Chairwoman WITNESSES: GRANTEE Printed/Typed Name Ellie Krier Dawn D. Jantsch P~nted~yped Name Prinmd/T~ed Name President Printed/Typed Title (corporate seal) Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney h:/hg/hfa/99TDC/1999 Naples Area Chamber of Commerce, Inc. 6 COLLIER COUNTY F I L M OFFICE Locations That M~ke A Scene COLLIER COUNTY FILM OFFICE 1999 BUDGET EXHIBIT "A" BUDGET Membership Dues 1,000 Trade Shows 10, 100 Marketing 6,000 Subscriptions 300 Operating Expenses 32,600 TOTAL 50,000 COLLIER COUNTY FILM OFFICE 1999 BUDGET HEHBERSH, i'P AFC1 500 Annual membership dues Association of Film for professional association Commissioners of commissioners International worldwide Film Florida 300 Annual membership statewide organization of film commissioners and industry representatives FI4PTA 200 Local chapter dues Florida Motion Picture and Television Association SUBTOTAL 1000 TRADE ,~HOWS ShowBiz East 3000 September 16-18,1999 Registration fees Produced by Variety, held are determined by in NYC @3.3avitz Center. # of participants in Trade show for East coast Film Florida booth film/'rV/advertising AFC1 Cineposium 3000 Annual conference of Educational/training international organization conference- of film commissioners attendance Location: TBA mandatory to Costs: qualify for Conference fees membership Air fare Ground transportation Hotel Per diem ShowBiz West 3000 3une 25-27,1999 Registration fees Produced by Variety, held are determined by in LA @LA Convention # of participants in Center. Trade show for LA Film Florida booth film/TV/advertising Annual Film 900 May 23-25, 1999 Seminars, panel Florida Annual conference for Film discussions, Conference Florida in Miami. organizational and Costs: committee meeting Conference fees Ground transportation Hotel Per diem 2 Quarterly Film 200 August 1999 Florida meeting State commissioners host meetings in their county/city Costs: Ground transportation Hotel Per diem SUBTOTAL 10100 MARKE7'ZifG Advertising 1000 Within industry trade publications announcing the office opening/contact information Collateral photo 3500 Local Location guide There are no guide containing photos by existing materials regional photographers; that include location photographers have photographs of the donated their work; area and film office concept in place information for shared cost with Lee distribution to client County requests and to trade shows/sales missions Stationery 500 Set up fee and cost of Logo already printing created Letterhead In addition to Second sheets general use, Envelopes business cards are Business cards given out at trade shows and missions FEDEX 700 Based on average overnight Clients request 24- pak rate/wt. 48 hr. turnaround on location files and production information Postage 300 General mailing of Additional postage if requested information often required including production guide/collateral SUBTOTAL 6000 SI. IBSCIZ[P1ZONS Hollywood 250 Daily industry trade paper Basic subscription Reporter rate Premiere 25 Monthly industry trade Basic subscription magazine rate Entertainment 25 Weekly industry trade Basic subscription Weekly magazine rate SUBTOTAL 300 OPERA Telephone 1500 Long-distance and local service service. Most clients are out of the area, often different time zones; some international calling is required Cellular phone 500 Client service requires service accessibility Film processing :L300 Essential for the Including cost of maintenance of location 35ram film files and for responding to client requests. Professional quality processing account should be set-up to assure 60-minute turnaround Duplicates are always required for protection against lost files Office supplies 650 The creation and updating of location files is critical to the office. Manila folders, tape, glue, labels, etc. are used constantly to produce photo files for clients Personnel 25000 Salary for full-time Additional amount 8 month period (22000) professional film office includes benefit director package: health and life insurance Office Space 2000 One office;' use of meeting Located at 3620 N. rooms; support staff Tamiami Trail in Naples Local mileage 1500 Re: meetings, location Based on a shooting, general film office reimbursement of business .32 per mile Reference i50 Industry production guides As a reference for Materials and reference materials- the community and listing contacts, media lists, clients filmographies SUBTOTAL 32600 EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION ESTABLISHING AND APPOINTING MEMBERS TO A COMPREHENSIVE PLAN STANDARDS AD HOC COMMITTEE, TO REVIEW CjustERING AND NATURAL RESOURCE PROTECTION STANDARDS. OBJECTIVE: The objective is to create an ad hoc committee to review and make recommendations to the Board on cjustering and natural resource protection standards for the proposed Rural Fringe, Urban and Urban Fringe Areas, and to develop an interim policy to be included in the settlement agreement with respect to limiting land uses in the rural agricultural area pending completion of a comprehensive strategic plan for this area. CONSIDERATIONS: The creation of this committee is pursuant to the Board's discussion at the March 19, 1999 workshop on density reduction and cjustering and the proposed stipulated settlement agreement between the Board and the Florida Department of community Affairs (DCA). The recommendations of this ad hoe committee will be presented to the Board for consideration to be included in a settlement agreement with the Department of community Affairs as a response for consideration by the Govemor and Cabinet, sitting as the Administration Board, to the findings of non-compliance by Administrative Law Judge Robert E. Meale. Based on Board discussion at the workshop on March 19, 1999, the committee is expected to complete these tasks within a relatively short period of time given the release of Administrative Law Judge Robert E. Meale's Recommended Order dated March 19, 1999. That recommended order finds the County in noncompliance and provides for specific remedial action on the part of the County. It will be necessary for the County to have a response to the findings of noncompliance when the issue is heard by Governor and cabinet, sitting as the Administration Commission, in response to the recommended order from the Division of Administrative Hearings Administrative Law Judge. Currently, the administration Commission has requested that the DCA submit recommendations on remedial action and/or sanctions by April 7, 1999. The Administration Commission has scheduled a hearing on the matter for April 27, 1999. Staff in the County Attomey's office will prepare the Resolution after the Board establishes the committee. FISCAL IMPACT: This executive summary generates no fiscal impact. APR 18 1999 GROWTH MANAGEMENT IMPACT: The Committee's final work product will be presented to the Board and analyzed by various Advisory Boards including the Planning CQmmission, Environmental Advisory Council, and Development Services Advisory Committee. After each of these groups has presented recommendations to the BCC, the Board will conduct hearings to consider amendments to the Growth Management Plan. STAFF RECOMMENDATION'. That the Board establish and appoint members to an ad hoc committee for the above described purpose and authorize the County Attorney to prepare the required Resolution.. REVIEWED BY: ~ Date: / R~bert J. Mulhere, AICP Planning Services Director Vincent A. Cautero, AICP Community Development & Environmental Services Administrator /~._'_~ STATE OF FLORIDA THE ~ITOL T~SSEE, FLO~DA 32399-0001 JEB BUSH GO~gOg March 24, 1999 ~ ~ --r.. Secret~ Steven Seiben Dep~ment of Co~ty Affairs 2555 Shm~d O~ Boulev~d Tall~see, Florida 32399-2 ! 00 Dep~ment of Co~i~ ~airs ~d Collier Gouty AudubOn Socie~, Inc., ~d Florida Wildlife Federation vs. Collier Coyly ~d Collier Co~ School Bo~d (DO~ C~e No. 98-0324GM) De~ Secret~ Seibe~: On M~c~ 22, 1999, the Admi~s~ation Co~ission received a Reco~ended Order issued by · e Division of Adminis~ative He~ngs in ~e proceeding of Dep~ent of Co~~ Aff~s (Petitioner) ~d Collier County Audubon Socie~, Inc., ~d Florida Wildlife Federation (Inte~enors) vs. Collier Co~ (Respondent) ~d Collier Co~ School Bo~d (Inte~enor). A~inis~ation Co~ission C~e No. ACC-99-002 h~ been ~signed to ~e proceeding. P~su~t to section 163.3184( 11 ), Florida Statutes (F.S.), I m request~g yo~ Depment provide, by April 7, 1999, a reco~endation mendment to ~e Collier Co~ty comprehensive pl~ into compli~ce, ~d a reco~endation to ~e ~pe ~d extent of ids which may be wi~eld or o~er s~ctions p~su~t to section 163.3184(11), F.S. In addition, I m requesting ~at your Dep~ent provide estimates of ~e mo~t of tds ~at Collier Co~ may receive ~der ~e Florida Co~~ Development Block Grit Progrin au~o~zed by sections 290.0401 ~ough 290.049, F.S., for Fiscal Ye~s 1998-99 ~d 1999-2000. APR 18 1999 Secretary Steven Seibert March 24, 1999 Page Two Thank you for your assistance in this request. If you have any questions, please call Teresa Tinker at 488-7793. Sincerely, Donna Arduin, Secretary Administration Commission DA/brl cc: Parties of Record APR 13 ~999 OFFICE OF THE GOVERNOR OFFICE OF PLANNING AND BUDGETING GROWTH MANAGEMENT AND STRATEGIC PLANNING POLICY UNIT THE CAPITOL, ROOM 2105 TALLAHASSEE, FLORIDA 32399-0001 MEMORANDUM ~ ~ TO: Cabinet Aides ~ ~-r~ : Donna Arduin, Secretary, Administration Commission o~ -'< Administration Commission Proceeding - Department of Community Affaixs, Petitioner, and Collier County Audubon Society, Inc., and Florida Wildlife Federation, Intervenors, vs. Collier County, Respondent, and Collier County School Board, Intervenor (AC Case No. ACC-99-002) DATE: March 24, 1999 Attached fo.r your review is a copy of the Recommended Order issued by the Division of Administrative Hearings in the above referenced proceeding. This matter is tentatively scheduled for consideration by the Administration Commission on April 27, 1999. Please retain this document to include as back-up when this item is agendaed. If you have any questions, please call Barbara Leighty at 488-7793. DA/bl Attachment cc: Parties of Record (without attachment) APR 1~999~ , pg. . STATE OF FLORIDA ADMINISTRATION COMMISSION DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and COLLIER COUNTY AUDUBON SOCIETY, INC., and FLORIDA WILDLIFE FEDERATION, ',.~ Intervenors, AC CaseNo. ACC-99-002 t,o -<c-> DOAH Case No. 98-0324GM vs. c::, .~-..--,- · . COLLIER COUNTY, Respondent, and COLLIER COUNTY SCHOOL BOARD, Intervenor. NOTICE OF PROHIBITED PARTIES TO: Govemor Chiles and Members of the Cabinet Pursuant to Rule 42-2.010, Florida Administrative Code, you are hereby notified that the following persons are prohibited by section 120.66, Florida Statutes, from making or receiving ex parte communications to or from you regarding your consideration of the Division of Administrative Hearings' Recommended Order forwarded to the Administration I APR 13 1999 Commission in the above-styled matter: Steven M. Seibert, Secretary Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 James Robinson, General Counsel Shaw P. Stiller, Assistant General Counsel Colin M. Roopnarine, Assistant General Counsel Department of Conunity Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Thomas W. Reese, Esquire 2951 51st Avenue South Saint Petersburg, Florida 33712 Marjorie M. Student Kodney C. Wade Assistant County Attorneys 3301 East Tamiami Trail Naples, Florida 34112 Richard D. Yovanovich Roetzel & Andtess 850 Park Shore Drive Naples, Florida 34103 Honorable John C. Norris, Vice Chair Collier County Board of County Commissioners 3301 E. Tarniami Trail Naples, Florida 34112 Honorable Timothy L. Hancock Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Honorable Timothy J. Constantine Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 APR 13 '~999 Honorable Pamela S. MacPie Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Honorable Barbara B. Berry, Chair Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 DONNA ARDUIN, Secretary Administration Commission APR 18 1999 ~,~. ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Prohibited Parties was hand delivered to the designated representative of the Governor and Members of the Cabinet on this o~ay of March, 1999, and was mailed by regular U.S. mail to the above named individuals this ~,~ t~dday of March, 1999. ONNA ARDUIN, Secretary ~'~DAdministration Commission APR 18 't999 EXECUTIVE SUMMARY TO REVIEW THE RECOMMENDATION OF THE GREATER NAPLES CIVIC ASSOCIATION (GNCA) REGARDING THE CREATION OF A SELECT COMMITTEE TO OVERSEE THE DEVELOPMENT OF A COMPREHENSIVE URBAN/RURAL DESIGN MASTER PLAN FOR COLLIER COUNTY. OBJECTIVE: For the Board to appoint a "Select Committee" to oversee the development of a comprehensive urban/rural design master plan. CONSIDERATION: On March 9, 1999, Terri Tragesser, representing the Greater Naples Civic Association, requested, under public petition, that the Board consider the creation of a "Select Committee" to oversee the development of a comprehensive urban/rural design master plan. The Board directed staff to review the proposal and to remm with an executive summary for Board consideration on the regular agenda. The GNCA recommends that the Select Committee be charged with achieving six major objectives, culminating in the submission of a final report to the Board within one year. Listed below, are the elements proposed to be included in the GNCA scope of work and the staff recommendations relative to each: > GIS: Fund and procure a Geographic Information System (GIS), a planning tool that maps all aspects of current and future development, Staff Recommendation: The County Administrator has already initiated the process of developing a GIS. A GIS coordinator has been hired and costs and funding sources are currently being analyzed. Staff does not recommend that this be included as an element for consideration should the Board endorse the creation of a Select Committee. > Greenspace: Pursue acquisition of open space and historic sites in the next cycle of the P-2000 Florida Communities Trust program (Preservation 2000). Staff Recommendation: Should the Board endorse the creation of a Select Committee to oversee the development of a community design/appearance plan, staff recommends that the committee be charged with developing measurable goals for acquisition of urban greenspace which, optimally, is interconnected and accessible to the public. Furthermore, staff recommends that the Select Committee be charged with developing recommendations for options to generate revenue or other means of acquiring interconnected, accessible urban greenspace. > Transportation: Promote a roadway system that relieves congestion through development of collector roads and bike/pedestrian paths, and a study of a transit system. Staff Recommendation: Should the Board endorse the creation of a Select Committee to oversee the development of a community design/appearance plan, it would be appropriate to include a review of transportation needs. For example, if grade separat ~a ~,, ..... ,;~-~ APR 18 1999 (fly-overs) are necessary at some intersections, what can be done to enhance the appearance of these facilities? What other options are available to address our transportation needs and what are the community appearance implications of these options? Another example is the review of the County's "typical right-of-way cross sections" for various types of roadways. Do these designs result in road construction that comports with community appearance standards and the Streetscape Master Plan? In any case, what should these standards be? With regard to the development of a transit study, it should be noted that the University of South Florida Center for Urban Transportation Research, under contract with the Collier Count>' Metropolitan Planning Organization (MPO) is currently developing a transit study for Collier County. The notice to proceed on the Transit Development Plan was approved May 1, 1998 (by the MPO). CUTR is scheduled to complete their contract by May 31, 1999, and should be presenting the final version of the plan to the MPO for their review and adoption on May 28, 1999. The Public Transportation Development Plan, if adopted, would establish parameters for an operational or implementation plan. It is at point, when such a draft operational or implementation plan has been developed, that the "Select Committee" should have an opportunity for review and to provide input. ~.' Streetscape: Secure permanent funding for capital and maintenance costs of the Streetscape Master Plan. Staff Recommendation: A funding source for landscape maintenance (within the County's rights-of-way currently exists within the Transportation Services budget in the form of Road Maintenance MSTUs. Planting material and quality standards exist within the adopted Streetscape Master Plan. Determination of fiscal impacts related to improvements and maintenance, as well as adequacy of current and future funding levels for capital improvements, is a function of the County's annual budget approval process. Review of the standards contained in the Streetscape Master Plan and related codes (such as the Landscape Code) is an appropriate function of the Select Committee. 2} Community Design Master Plan: Design and implement an overall plan that integrates all community design elements, including green space, rural character, traditional neighborhoods, infill properties, redevelopment areas, traffic calming, pedestrian/bicycle movement, public spaces and commercial design. Staff Recommendation: Should the Board endorse the creation of a Select Committee to oversee the development of a community design/appearance plan, staff recommends the following: 1. Staff will be requesting, in the FY 2000 budget, one additional Principal Planner for the Comprehensive Planning Section in order to meet current workload requirements within prescribed time frames (see attached spreadsheet). Should the Board endorse the creation of the Select Committee to develop a Community Design/Appearance Plan, in order to provide a staff support function to such a committee, staff recommends hiring this additional principal planner in the current year, rather than in fiscal year 2000. Given the current workloads, staff cannot provide support to such a committee without an additional staff person, or without significant adju stmer~~ APR 18 1999 pg. :'~ projected completion dates of current work products. Examples of work products which might be delayed as a matter of priority include: the creating of an annual ..... demographic profile; development of the Interchange Activity Center Master Plan; development of Traditional Neighborhood Design (TND) Standards; and various redevelopment and overlay development plans including Gateway-Bayshore, Immokalee, and Santa Barbara. All other Comprehensive Planning work products are subject to date certain requirements. 2. The Development of a Rural/Urban Community Design/Appearance plan for Collier County is a substantial work product and as such, will require the use of a planning & design consulting firm with significant experience in the development of such plans. In order for staff to undertake and complete this task in a reasonable period of time (18 - 24 months), without the additional resources of such a consulting firm, would require reallocation of existing resources such that a large number of the current work products would need to be significantly delayed (for as much as two years). As previously stated, many of these work products are subject to time certain deadlines and have already had significant resources dedicated to their development and completion. Therefore, should the Board endorse the creation of a Select Committee to oversee the development of a community design/appearance plan, staff recommends the hiring of a consulting firm to work with the Committee and staff in the development of the plan. ADDITIONAL CONSIDERATIONS: Many of the current staff work products will impact, or may be impacted by the development of a comprehensive community appearance/design plan. Examples include the Immokalee Main Street Program, the Gateway Redevelopment Plan; ongoing efforts to revise and improve the sign code, the landscape code, the Streetsape Master Plan, the Architectural and Site Design Standards, and the development of a strategic plan for the rural area. It will be necessary, at varying points in time, for coordination and integration of these work products with the development of a community appearance/design plan. FISCAL IMPACT: As indicated above, during the upcoming fiscal year 1999-2000 budget adoption process staff will be requesting one additional Principal Planner will result in an ongoing fiscal impact of approximately $60,000 per year (salary, benefits, office space, equipment & supplies). The fiscal impact of filling that position now, through a budget amendment would be approximately $35,000 for this year. Staff estimates that the cost of hiring a consulting firm to develop a comprehensive community design and appearance plan at approximately $200, 000. Of course this amount will vary and could be reduced, depending upon the actual scope of the contract. STAFF RECOMMENDATIONS: Staff recommends the following: Issue # 1. GIS: Staff does not recommend that this be included as an element for consideration should the Board endorse the creation of a Select Committee. .._. measurable goals for acquisition of urban area greenspace including poten' . ... funding options for acquiring interconnected, accessible urban greenspace. APR 13 1999 Issue # 3 Transportation: Staff recommends that the Select Committee be charged with developing recommendations for appearance standards for transportation infrastructure, such as grade separated intersections, typical cross-sections, greenways, non-motorized transportation facilities, edge-treatments and the like. Item # 4. Streetscape: Since a source of funding for landscape median improvements and maintenance currently exists in the form of Road Maintenance MSTUs, staff does not recommend that the "Select Committee" be charged with developing alternative options for funding of median beatification. Staff does recommend that the committee be charged with reviewing and making recommendations on the standards contained in the Streetscape Master Plan and related codes (such as the Landscape Code). Item # 5. Community Desit~n Master Plan: a) Staff recommends that the Select Committee be charged with developing recommendations on design and implementation of an overall plan that integrates all community design elements, including green space, rural character, traditional neighborhoods, infill properties, redevelopment areas, traffic calming, pedestrian/bicycle movement, public spaces and commercial design. b) In order to accomplish this, staff recommends the hiring of one additional staff at this time. .... c) Staff recommends that, as a first order of business, the committee develop a specific scope of work which, after review and approval by the Board, can be developed into an RFP for consulting services for the creation of the Community Appearance/Design plan. d) Staff recommends that the Committee coordinate the development of this plan with ongoing efforts including, but not limited to: the Immokalee Main Street Program and the development of an Immokalee Zoning Overlay; the Gateway-Bayshore Redevelopment Plan; the implementation of TND standards, transportation improvements, traffic calming and bicycle and pedestrian pathway enhancements; comprehensive streetscape standards; and, ultimately, the strategic plan for the rural area. Given the size and diversity of communities in Collier County, development of this plan will require involvement from all of the communities throughout the County. SUBMITTED BY:~ ~.._~- Date: , AICP f Planning Services Department Director REVIEWED BY: ,....~_;7~7 ,. 'C~' / 'Vincent A. Cautero, AICP Community Development & Enviromental Se~ices Admit ....... 3301 E. TAMIA.MI TRAIL NAPLES, FL 34112 February 18, 1999 (941) 774-8383 FAX (941) 774-4010 Terri Tragesser A CERTIFIED BLUE CHIP COI~D, fUNITY Board of Directors Greater Naples Civic Association 328 Goodlette Road South Naples, Florida 34102 Re: Request for Public Petition - Select Committee - Urban/Rural Design Master Plan Dear Ms. Tragesser: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 9, 1999 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them ofyour concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this of Sce. Koben F. Fernandez County Administrator RFF/bp cc: County Attorney Development Services Division ~- ^~~-~ APR 13 1999 FROil: URZ-Aiq LAND INSTZTUTE FAX NO.: 941 59T 6188 Feb. 16 199,9/,1~1:~5AM FD1 Civic Association TRANSiMZITTED VIA FAX TOTAL 4 PAGES 328 Goodlette Road South February 16, 1999 Naples, Florida 34102 (941) 262-2424 Mr. Robert Femandez County Administrator Collier County Government 3301 East Tamiami Trail Naples, FL 34112-4977 Dear Mr. Femandez: SUBJECT: Request for Inclusion on the March 9* Agerids Board of County Commissioners' Meeting The Greater Naples Civic Association Board of Directors respectfully requests to be placed on the March 9~' t~9 agenda of the Board of County Commissioners Meeting for purposes of bringing forward under public petition a recommendation from our organization to the Commission. The subject of our petition is to ask that the Board consider the appointment of a Select Committee to undertake the development of an urban/rural design master plan for Collier County. This committee would assist in preparing an KFP for the necessary town planning/urban design consulting services. Mr. Coorues and I are scheduled to meet with you on February 1 ¢h tO discuss the GNCA recommendations in more detail. However we would like to place this request with you so that the necessary time is allotted on the March 9th Board of County Commissioners' agenda. Attached for your information is additional background material on our request. Should you have any questions concerning this matter, please do not hesitate to contact me (597- 7719) or Mr. Coorues (263-6123) Board of Directors Enclosure CC: Board of County Commissioners GNC A Board of Directors APR 18 1999 Pg. ~ FEOP:: UREQN LPND INSTITUTE F~X NO.: 941 597 E188 Feb. 16 199S 11:84AK F2 The Greater Naples Civic Association 323 Ooodlette Road South Naples, Florid 34102 January ls , 1999 (941) 262-242:- SELECT COMMITFEE ON COMMUNITY CHARACTER A Proposal from the Greater Naples Civic Association The Greater Naples Civic Association, building on the FoCuS Cogunity Visionlag projoe:, proposes to the Board of Count).' Cormnissioners that a Select Committee on Communib' Character be created. "No issue facing us toda5 is more pressing or dLff~cult than m~tintaining the current character of our area m the face of an ever-increasing population," reads the GNCA Board's appeal to Commissioners. "It is critical that the development of the remaining 12,000 available acres, as well as all redevelopmeat efforts, support and e~ance Collier Cou.n~"s u~ique chin'actor." GNCA recommends that d~e Select Committee take responsibili.ty for achieving slx major objectives, then submitting a final report witlxin one year. Included in its scope of work GIS: Fund and procure a Geographic Information System, a planning toot that maps all a,spe~ts of current and future development Greenspace: Pursue acquisition of open space and hisloric sites in the next ey. cle of the P-2000 Florida Communities Trust program. Transportation: Promote a roadway system that relieves congestion through development of callcctor rom:ls and bikc/pedes~an p-ths, and study of~ transit system. Streetscape: Sectare permanent funding for capital and maintenm'~ce costs of Streetscape Ma.s~er Plan. Community Design Master Plan: Design and implement an overall plan that integrates all communi.ty design elements, including greenspace, n~'at character, traditional neighborhoods, in~ll properties, redevelopmeat ~reas. traffic calming, pedestrian/bicycle movement, public spaces, and commercial design. Historical Landmarks: Enable landmark inventor' as first step toward a preservation program. GNCA further proposes that the Select Commit'tee be composed of not more than 12 persorts, half Urban Design or L,'md Use professionals, and half civic or eormnuni,t'y leaders, including one Co,rm~issiener. Su. fflcicnt funding for nec~SSar'y l~nel planning consultants is a.n integral pm-t of the proposal. Information on the Select Conu'e. irtee on Commtmib' Character irtitiative is available by calling the Greater Naples Civic Association offices ~t (c)41) 262-2424 ^G TE ,, APR 18 1999 EXECUTIVE SUMMARY UPDATE ON CODE ENFORCEMENT BOARD ACTION TO PURSUE FORECLOSURE OF OUTSTANDING LIENS. OBJECTIVE: To provide information to the Board of County Commissioners regarding plans to foreclose on properties with outstanding Code Enforcement Board imposed liens CONSIDERATION:The Code Enforcement Board has the authority, through Section 162.09(3), Florida Statutes, to impose liens on property forrod in violation of the one or more of the County Codes. The Florida Statutes also provides the Board the ability to foreclose on those properties for which the liens remain unpaid for more than three months after filing of that lien. The Code Enforcement Department has an inventory of eight properties that remain unpaid for periods well in excess of three months. In response to the Code Enforcement Board direction, staff has reviewed all outstanding cases, confirmed if violations still remain, determined the properties that are not homesteaded, and the amount of balance due for each case. The next step in initiating the foreclosure process is to obtain title information for each property that will include the names of those who hold an interest in each property. The information shall be obtained utilizing title insurance companies currently pre-approved by the Board of County Commissioners and shall be coordinated through the Real Property Management Department. After receipt of each title commitment, the County Attorney's Office will proceed with the required filings for foreclosure. When a property is acquired via foreclosure, it is staff's intent to offer the property to the various County Departments in the agency. Those properties not needed by a County Department will be offered for sale to the general public. Staff expects the need to utilize the foreclosure process in the future will be reduced, if not eliminated, upon approval of a revision to the Code Enforcement Board Ordinance which will elevate the position of Code Enforcement Board imposed liens to super priority status, co-equal with County taxes. FISCAL IMPACT: Initially, there will be a cost for services rendered to execute the foreclosures of approximately $5,000 per parcel. Funds are available in the Code Enforcement budget in the MSTD General Fund. When the properties are sold, the County will attempt to recover any and all costs associated with acquiring the properties and rectifying the violations. A conservative estimate of the dollars that could be recovered is $215,700 (based on the assessed value of the properties in question). Recovered funds in excess of the amount needed to cover the cost of acquisition will be used to increase the MSTD General Fund Reserves. AGE ' I M NO. ~ APR at 3 7999 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board support the Code Enforcement Board's direction to foreclose on outstanding liens. PREPARED BY: ~ t----t~S-'N~ Date: qt~r-..pp Michelle Edwards Arnold Code Enforcement Department Director REVIEWED BY: ~cx.,..,~X~ Date: ,.b- ~ ~ nt Director APPROVED BY: ' ~ Date: ~' ~ ' Vincent A. Cautero, AICP Community Development & Enviromental Se~ices Division AGEN APR 13 7999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "OLDE CYPRESS, UNIT ONE", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Olde Cypress, Unit One", a subdivision of lands located in Section 21, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Olde Cypress, Unit One". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance and escrow agreement. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Olde Cypress, Unit One" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1,094,732.24 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $649,624.00 b) Drainage, Paving, Grading - $445,108.24 The Security amount, equal to 110% of the project cost, is $1,204,205.70 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $22,864.32 Fees are based on a construction estimat~e .o~.~ $1,094,732.24 and were paid in February, 19~9. "' APR 13 1999 P~. / Executive Summary Olde Cypress, Unit One Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$2305.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) -$3248.12 Drainage, Paving, Grading (.425% const. est.)-$1891.71 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $9744.35 Drainage, Paving, Grading (1.275% const. est.) - $5675.14 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Olde Cypress, Unit One" with the following stipulations: 1. Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Olde Cypress, Unit One" 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. APR 13 1999 Executive Summary Olde Cypress, Unit One Page 3 PREPARED BY: John R H 1 · 6u dswofth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager lhere, AICP Date Planning Services Department Director APPLY: ICP/,~ Vincent A. Cautero, A ministrator Date' Comunity Development & Environmental Se~ices Comunity Dev. and Environmental Svcs. DIVISION El. TOWNSHIP '48 SOU'~~t :)LLI¢~~ COUNTY. FLORIDA LEE COUNTY , ' . ~ pROJECT~SITE ~- 7~ . I 19 20 r 24 RE~NCY L~E 22 ACRE$ CAPE M~T~ C~ PALM IMMOKALEE ~S ~ AD -25 ~ ~ 29 ~ 27 ~,T . .......... ' A'PR 13 1999 VICINITY MAP CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS · THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDM SION IMPROVEMENTS AGREEMENT entered into this __ day of ., 1999, by OLDE CYPRESS DEVELOPMENT, LTD., a Florida Limited Partnership, by OLDE CYPRESS DEVELOPMENT CORPORATION, its General Partner, (hereinafter "Developer"), the Board of County Commissioners of Collier County, Florida, (hereinafier the "Board") and QUARLES & BRADY, (hereinaf~er "Escrow Agent"). PREMISES A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of subdivision to be known as: "OLDE CYPRESS, UNIT ONE" B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by HOLE, MONTES AND ASSOCIATES, INC., a copy of which is attached hereto an8 incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Escrow Agent has entered into a construction and development Escrow Agreement with Developer dated 3/18/99 , (the "Escrowed Funds") in the amount of $1,204,205.70. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $1,204,205.70, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months ~'om the date of approval of said subdivision plat. APR 13 1999 2. Developer hereby authorizes Escrow Agent to hold $ 1,204,205.70 from the Escrowed Funds, in escrow, pursuant to the terms of this Agreement. 3. Escrow Agent agrees to hold in escrow S 1,204,205.70, from the Escrowed Funds to be disbursed only pursuant to this Agreement. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more that once a month to the Developer, in mounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ 109,473.25 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Escrow Agent, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Escrow Agent in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more that sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) the County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) the escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) the County will promptly repay to the Escrow Agent any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of the specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the APR 13 1999 IN WITNESS WHEREOF, the Board and Developer and the Escrow Agent have caused this Agreement to be executed by their duly authorized representatives this day of ,1999. DEVELOPER: Si ed, Sealed an Delivered OLDE CYPRESS DEVELOPMENT, ~ ~ LTD., a Florida Limited Partnership BY: OLDE CYI~I~SS D LOPMENT L---~t~ ~ CORPOP~A O.NAs~en/~ Partner e Name . . Attest: Board of County Conunissioners Dwight E. Brock, Clerk of Collier County, Florida BY: Deputy Clerk Pamela S. l. lae ' K~.e, Chairwoman Approved as to form and legal sufficiency: lier ~unt~ Attorney APR 1 ~) 1999 Exhibit 1 Olde Cypress Phase 1 Engineers Opinion of Probable Construction Cost Description Quantity Units Unit Cost Total Water 8" PVC W.M. (DR14) 37 LF $17.20 S636.40 8" PVC W.M. (D,R,18) 674 LF 513.40 $9,031.60 10" PVC W.M. (DR14) 185 LF $20.50 $3,792.50 10" PVC W.M. (DR18) 7825 LF $18:40 -_ $143,980.00 ..... 8" G.V. ' 1 EA $800.00 $800.00 10" G .V.' 19 EA $960.00 $18,240.00 Fire Hydrant 24 EA $2,000.00 $48,000.00 Air Release Valves 6 EA $1,600.00 $9,600.00 Tapping Sleeve &Valve 2 EA $3,200.00 $6,400.00 PVC W.S. CASING (3") 630 LF $5.00 $3,150.00 20 STL CASING 22 LF $75.00 $1,650.00 B.S.P. (TEMP) 4 EA $800.00 $3,200.00 B.S.P. (PERM) 4 EA $700.00 $2,800.00 Blow-off I EA $1,000.00 $1,000.00 Subtotal $252,280.50 Sewer (Cuts from N.G.) 8" PVC G.S. (0'-4') 1780 LF $15.50 $27,590.00 8" PVC G.S. (4'-6') 1550 LF $15.50 $24,025.00 8" PVC G.S. (6'-8') 951 LF $20.50 $19,495.50 8" PVC G.S. (8'-10') 747 LF $29.00 $21,663.00 Video Gravity Sewer 5,028 LF $1.00 S5 028.00 Video Sewer 1 yr post accept. 5,028 LF $1.00 $5 028.00 M.H. (0'-4') 2 EA $1,240.00 $2 480.00 M.H. (4'-6') 11 EA $1,240.00 $13 640.00 M.H. (6'-8') 6 EA $1,470.00 $8 820.00 M.H. (8'-10') 7 EA $1,820.00 $12.740.00 M.H. (10'-12') 1 EA $2,250.00 $2 250.00 Drop Connect 2 EA $500.00 $1 000.00 Cleanout 70 EA $79.00 $5,530.00 Service 1,435 LF $11.50 $16,502.50 4" PVC F.M. 1,758 LF $8.80 $15,470.40 6" PVC F.M. 1,937 LF $10.40 $20,144.80 8" PVC F.M. 1,860 LF $12.60 $23,436.00 Air Release Valve 10 EA $1,900.00 $19,000.00 4" Plug V 1 EA $1,900.00 $1,900.00 Tapping Sleeve &Valve I EA $3,000.00 $3,000.00 Pump Sta 2 EA $48,300.00 $96,600.00 Pump Sta I EA $52,000.00 $52,000.00 Subtotal $397,343.20 1996~1996080\ghh\Consttuct~onCosts81217 Page1 APR 13 1999 Pg, ~ ,..' 'Description Quantity Units Unit Cost Total ' Paving and Grading 11/2" Asphalt - Type S-111 26,108 SY $2.45 $63,964.60 · 6" LR Base 26,108 SY $4.00 $104,432.00 12" Subgrade 33,354 SY $1.90 $63,372.60 Type F Curb 3,749 LF $4.15 $15,558.35 24" Vat.Gut 15,312 LF $4.50 $68,9C: 5' Sidewalk 6,610 LF $8.75 $57,837.50 ._ . Sod - 1' strip 16,305 LF $0.30 $4,891.50 Seed &Mulch 6 AC $1,200.00 ' '$7,200.00 Stop Signs 3 EA $100.00 $300.00 Speed Limit Signs 4 EA $100.00 $400.00 Street Name Signs 2 EA $100.00 $200.00 24" Stop Bar 36 LF $2.75 $99.00 Directional Arrow 2 EA $75.00 $150.00 Street Lights 27 EA $1,200.00 $32,400.00 Subtotal $419,709.55 Drainage 15"RCP 239 EA $20.00 $4,780.00 18"RCP 28 EA $24.00 $672.00 15"PVC 67 EA $18.00 $1,206.00 18"PVC 207 EA $21.60 $4,471.20 24"PVC 182 EA $25.00 $4,550.00 15"M. E.S. 1 EA $200.00 $200.00 18"M.E.S. I EA $300.00 S300.00 24"M.E.S. I EA $420.00 $420.00 J.B. I EA $1,600.00 $1,600.00 Conflict Struct 4 EA $1,800.00 $7,200.00 Subtotal $25,399.20 Summary Water $252,280.50 Sewer $397,343.20 Paving & Grading $419,709.55 Drainage $25,399.20 Total $1,094,732.45 Fee Calculation Plat Review: $2,305.00 $425.00 + $4.00/ac x 470 Acres Subdivision Review & Inspection: 1.7% x 25,399.20 + 419,709.55 $7,566.85 Drainage Paving & Grading Water/Sewer Review and Inspection: 2.0% x 252,280.50 + 397,343.20 $12,992.47 199e,1,~J6080~hh~_,onstruc~onCosts81217 Page2 APR I 3 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PLAZA OF GALLERIA" OBJECTIVE: To approve for recording the final plat of Plaza of Galleria, a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Plaza of Galleria" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Plaza of Galleria" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Plaza of Galleria" with the following stipulations: 1. Authorize the recording of the Final Plat of "Pla:~a Galleria." 0. -7 .. 2. All outstanding plat issues shall be resolved pri< r recording of the final plat. Executive Summary Plaza of Galleria Page 2 J~in R. Houldsworth, Senior Engineer t Engineering Review REVIEWED BY: Thoma~ E. Kuck, P.E. " Date Engineering Review Manager bert Mulhere, AICP Date Planning Services Department Director AP~BY: ~ Vincent A. Cautero, AICP Administrator Date Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION APR 13 1999 _":'.z . ." ~. . . LV~' . .~r,j!'.. ! ' . ." . ' . ' ..__ . ' ; . . - . , ' ! .... ~'2~7' ' 7 ~ . 26. '-. ~ ' - -1. -. "I """ '...-.. -'- . .~ ' . .' . "C "' ; i~' ".'- EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "FORREST GLEN OF NAPLES", AND APPROVAL 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 "Forrest Glen of Naples", a subdivision of lands located in Section 2, Township 50 South, Range 26 East, Collier County, Florida, following the Alternate Procedure for Approval of Subdivision Plats; which is on today's Consent Agenda. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Forrest Glen of Naples". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the 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 "Forrest Glen of Naples" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $952,240.30 (estimated) to be borne by the developer. The Security amount, equal to 110% of the project cost, is $1,635,295.48 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $20,145.69 Fees are based on a construction estimate of $952,240.30and were paid in August, 1998. APR 13 1999 Pg. Executive Summary Forrest Glen of Naples Page 2 The breakdown of fees is reflected in the Executive Summary of January 26, 1999, when the Board originally approved the plat. GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Forrest Glen of Naples" for recording with the following stipulations: 1. Approve the amount of $1,635,295.48 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. APR 13 1999 Executive Summary Forrest Glen of Naples Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E."Kuck, P.E. ' Date Engineering Review Manager R e u I Date P e partment Director Vincent A. Cautero, AICP, A~ministrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh APR 13 1999 pg. ,~ PLAT BOOK PAGE , ,, SHEET 1 OF 10 '- ...... '~'~ ~ ' "E~T i; '" ~_L 7: --~ 3 I 1 d .sH,,,,,,,~oc~: COU~T~','CLUe SITE . ,o - ~~~' APR ]8 7999 EXECUTIVE SUMMARY APPROVE THE PURCHASE FOR 175+/- ACRES OF PROPERTY LOCATED ONE MILE SOUTH OF IMMOKALEE ROAD BETWEEN 1-75 AND THE FUTURE LIVINGSTON ROAD FOR A PROPOSED REGIONAL PARK. OBJECTIVE: To obtain for Collier County the property needed to construct a large regional park that can provide both active and passive recreational opportunities for its residents for years into the future. CONSIDERATION: On January 26, 1999, Item 8C1, the Board of County Commissioners directed staff to: 1. Obtain two (2) appraisals required by Florida Statute 125.355; 2. To obtain any necessary environmental reports and any other reports (including a survey) to ensure the property may be utilized for its intended purpose; 3. Proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property - only if the purchase price does not exceed the average of the two (2) appraisals and all other criteria proves satisfactory; and lastly, 4. Approve any and all necessary Budget Amendments to fund said purchase and related expenses. The Agreement for Sale and Purchase executed by the Board of County Commissioners reflected a purchase price of Five Million Two Hundred Fifty Thousand and No/100 Dollars ($5,250,000) or Thirty Thousand Dollars ($30,000) per acre. Real Property staff obtained the required appraisals and the results were as follows: Stewart and Company: $5,250,000 ($30,000 per acre) Accredited Appraisers, Inc.: $5,170,000 ($29,543 per acre) The average of the two (2) appraisals is $5,210,000. Pursuant to Florida Statute 125.355(b), if the agreed purchase price exceeds the average appraised price of the two (2) appraisals, the Board of County Commissioners is required to approve the purchase by extraordinary vote. Therefore, staff is returning to the Board of County Commissioners to obtain said approval. In addition to obtaining the required appraisals, staff obtained a Title Commitment, an Environmental Task l Report, prepared by the County's Pollution Control Department, and a Site Evaluation performed by the County's Natural Resources Department. In obtaining a title commitment for the property, certain "subject to" language was contained in prior deeds for portions of the subject property. The exact verbiage reads as follows: "subject to 'an easement for public road right-of-way". No existing public right-of-way exists within the easement area described, nor is it staff's understanding that an easement was to be provided for public use. The County Attorney's Office is of the opinion that the "subject to" language did not create any easement interests for road right-of-way but recommends that if the site is acquired, that staff pursue a vacation of these easements. This vacation process may only be pursued once the property has been acquired by the County. AGENDA ITEM APR 13 lSsS Pg. / The environmental report obtained by Pollution Control Department indicates no objections to the County's acquisition of the necessary lands required for the construction of the North Naples Regional Park. Based upon a report provided by the Natural Resources Department, the park design being presented (see attached layout) would not require any off-site mitigation. However, if additional land is to be developed for park facilities, some on-site and perhaps off- site mitigation would be required. The exact environmental impact is unknown. If on-site mitigation is permitted, costs may be minimal (utilizing a ratio of 1:1). However, if off-site mitigation is required, per acre costs may range from $1,000 per acre to $6,500 per acre. Mitigation ratios may range from 2:1 to 10:1. Mitigation costs therefore may range from $2,000 per acre to $65,000 per acre. It is important to note that the subject site is indicative of other large tracts of land in Collier County, in other words mitigation concerns are common to the majority of developments. To alleviate some mitigation concerns and to provide for future expansion needs of the regional park facility, staff will pursue the availability of adjacent property. Any and all agreements to purchase any adjacent site shall be brought back to the Board of County Commissioners for review and approval. The Agreement for Sale and Purchase executed by the Board of County Commissioners provided for a closing date of no later than April 30, 1999. In order to allow for ample time to secure necessary financing for this project, staff has requested, and the Seller has agreed to, an extension until May 28, 1999. A First Amendment to Agreement For Sale and Purchase is attached for your review and the Chairwoman's execution. FISCAL IMPACT: The cost of the property is $5,250,000 and closing costs which consist primarily of title insurance are anticipated to be $20,000. The Parks and Recreation Department had, according to the approved budget planned to have $2M in available impact fee funds for this purpose and to borrow the balance of $3,270,000. However, the department in addition to the $2M in budgeted funds, has $2,750,000 to put toward the purchase, primarily through higher carry forward than was budgeted. This leaves a balance of only $520,000 that needs to be borrowed for the property purchase. After looking at several options for this funding including the commercial paper program, a local bank line of credit it was recommended by the County's Finance Committee that the funding be borrowed from the County General Fund. This was recommended as the amount in relative financing terms is small, the cash flow will allow early pay back and this method eliminates any issuance costs. The General Fund will be paid back principal and interest at the current rate being earned in the County's investment portfolio. Based on impact fee revenues collections rate to date, it is anticipated that the loan for this property will be paid prior to the end of the fiscal year. Because of the need to borrow not only this small portion for the property purchase, but to generate advance funding for the anticipated $9M in park construction costs, an RFP was issued through the County's Financial Advisor to local banks. This was done in an effort to try do business locally and to compare fixed rate loans rather than the normally used variable rate Commercial Paper Program. The primary pledged revenue source would be impact fees with a secondary pledge of any and all eligible non general fund County revenues. VVhile done primarily for this park project the line of credit would be available for other non-ad valorem supported projects as well. There is no cost associated with the proposed line of credit unless and until funds are drawn down for use. Because this line of credit is not necessary for this ,---- land purchase. the agreement is anticipated to be presented at the CoL nty Cornrni~inn meeting of April 27. AGENDA ITEM APR 13 1999 GROWTH MANAGEMENT IMPACT: The 175 acre regional park site and all amenities built thereon would be added to the Collier County park inventory. As was indicated in a previous presentation the inventory of park land is unrealistically skewed due to the addition of the State Land into the County's inventory. An amendment to develop a more realistic park land level of service is being developed. However, under the existing plan this property, along with the existing inventory, will satisfy the LOS requirement for up to thirty years, depending on the growth rate. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1.) Approve the purchase of the subject site, by extraordinary vote as required by Florida Statute; 2.) Approve the First Amendment to Agreement for Sale and Purchase allowing for an extension to the closing date (on or before May 28, 1999) and authorize the Chairwoman to execute the amendment; and, 3.) Direct staff to pursue the acquisition of property located adjacent to the subject site for expansion and mitigation purposes and to return to the Board of County Commissioners with any and all purchase agreements secured, 4.) Approve the use of up to $520,000 from the general fund cash to allow the property closing contingent upon repayment through Park Impact fees. PREPARED BY: ~I. ,..:_......._ ~,-, .-.-~.: DATE:-!" :-~- '~, \ R R C~T SANDRA I. TAYLOR, EAL P OP'E~TY MANAGEMENT DIRE OR REVIEWED B~.' '.'~,:-~z~, C'7~! DATE: TH0~I~,~'~L~IFF PUB'LT.I~'S~R"'~"CES ADMINISTRATOR AGENDA ITEM No. APR 13 1999 FIRST AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE THIS FIRST AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE entered into this day of ,1999 by and between WILLIAM SCHWEIKHARDT, AS TRUSTEE, under Land Trust No. 5197, (hereinafter referred to a '"Seller"'), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser") WITNESSETH WHEREAS, the Purchaser and Seller have previously entered into an Agreement for Sale and Purchase dated january 26, 1999; and WHEREAS, the Seller and the Purchaser are desirous of amending said Agreement for Sale and Purchase; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement for Sale and Purchase dated January 26, 1999 and Ten Dollars ($10.00) and Other Valuable Consideration, the said Agreement for Sale and Purchase is hereby amended as foIIows: 1. Paragraph 3.01 of the Agreement for Sale and Purchase is hereby deleted in its entirety and the following provision is substituted in its place: III. (:::LOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held after January 31, 1999, following execution of this Agreement by the Purchaser but not later than May 28. 1999, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: Except as expressly provided herein, the said Agreement between the Purchaser and Seller remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the Seller and Purchaser have hereto executed this First Amendment to Agreement for Sale and Purchase the day and year first above written. AGENDA ITEM -"" No. ~' c L .t,) APR 13 1999 Pg. ~ IN WITNESS WHEREOF, the parties hereto set forth their hands seals. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney AS TO SELLER: ,4 ._-_. 'FIRST"~VITNESS (Signature) (Print Name) /"~ (Print Name) AGENDA ITEM """ No. ,i"' c..c APR 13 1999 pg. (,- EXECUTIVE SUMMARY A FOLLOW UP REPORT REGARDING AN EFFORT TO ESTABLISH A MUNICIPAL SERVICE TAXING UNIT (MSTU) FOR THE CONSTRUCTION AND MAINTENANCE OF A NEIGHBORHOOD PARK ON TRACT 179 LOCATED IN GOLDEN GATE OBJECTIVE: To report on the results of a survey taken to determine the interest in an MSTU supported neighborhood park and to receive follow up direction from the County Commission regarding the project. CONSIDERATION: On July 29, 1997, the Commission approved the purchase of the 4.55 acre property located in Golden Gate for use as a neighborhood park with the stipulation that a local MSTU would be created within eighteen (18) months of the land. The MSTU would then reimburse the general fund for the initial purchase and support the park's construction and maintenance costs. This direction is consistent with the Board's adopted neighborhood park policy. On September 2, 1997 the Board purchased the land from Avatar Properties, Inc. for the amount of $77,900 using general funds. As is typically done with an MSTU project, a survey of the residents living in proximity to the proposed project was conducted to gauge the level of support for the creation of an MSTU for the project. The survey boundary was determined by the Board. There were two different types of parks proposed in the survey question. One, which included more active facilities such as tennis and basketball courts, was estimated to have cost of $29 per average household in the proposed district. The second option was for a much more passive park with playground equipment, landscaping and benches. The estimated annual cost to the homeowner in the area for this park was $12. Over three thousand letters were sent to landowners, with five hundred nineteen (519) responses being received. While two hundred forty-one (241) responses (46%) were in favor of some type of park funded by a local MSTU, two hundred seventy-eight (278) of the responses (54%) were against the creation of a MSTU to fund the park. At this point there are three basic options for the Board to consider: 1. Accept the survey results and direct the staff to declare the property as surplus and market it for sale, or 2. Direct the staff to proceed with the creation of the MSTU, or 3. Direct the staff to revise the established policy for neighborhood parks and allow the funding for the construction of the park from impact fees. An increase in the park impact fees is being processed for final approval by the County. Commission. Implementation of this increase would be needed to support any neighborhood park construction. APR';I 3 1999 GROWTH MANAGEMENT: The parcel is inventoried and managed by the Parks and Recreation Department. Any improvements to the property would be eligible to be included in the park facilities inventory, which helps to meet the established level of service standard. FISCAL IMPACT: Should the Board decide to accept option three, the estimated construction cost for the active park is $443,000 and the passive park would be $143,000. Annual on-going maintenance would be anticipated to be $15,000. RECOMMENDATION: Staff recommends that the Board of County Commissioners direct the staff to re-examine the neighborhood park policy and submit necessary amendments to allow for the use of impact fees for the construction of neighborhood parks and some systematic method for their construction. Prepared by: Thonfa~ W.~i~ Public Services Administrator APR 13 1999 EXECUTIVE SUMMARY ..... RECOMMENDATION TO ACCEPT STAFF'S ANALYSIS OF SHORT TERM GENERAL OFFICE SPACE NEEDS. OBJECTIVE: To accept staffs analysis of short-term office space needs and to terminate P,.FP No. 99-2919 (Public Works Turn-Key Project). CONSIDERATIONS: On March 23, 1999, the Board instructed staff to compare the cost of current and projected short-term leases for general office space with the cost of financing the construction of a building to house these operations. Currently, the County leases about 15,788 square feet of general office space for both the Constitutional Officers and its own departments at a total rental cost of $166,569 per year and common area maintenance (CAM) charges of $13,781 for a total of $180,350. This inventory does not include recently executed leases for a portion of the Sheriff's Office Operations Division (Building "A" occupants). The anticipated (critical) need for additional leased office space for the next Wvo years is approximately 12,500 square feet. The Transportation Services Department has outgrown its current space in Building G and the Revenue Services Department has been asked to vacate the Development Services Center to provide space for expanded planning, building inspection ""' and code enforcement operations. Projected annual costs for existing and projected leases are itemized below. Current Annual Lease Occupant Sq. Ft. Lease Expires Rent/CAM Sheriffs SWAT 5,000 2001 $ 30,414/0 Utility Franchise 1,562 2001 17,963/5,451 Housing &Urban 1,666 2001 19,992/8,330 Finance 5,100 2000 66,300/0 Audit 2,460 2000 31,900/0 Revenue Services 7,500 * 105,000 Transportation Services 5,000 * 70,000 Totals 28,288 $ 355,350 · To be established at negotiations (estimated at $14.00/sq. ft.). The combined cost of existing leases and anticipated new leases for the next fiscal year is $355,350 with a combined square footage of 28,288. The estimated cost of constructing a building of comparable space is $3,875,456. If financed at commercial paper rates (5.0%), for 5 years, the debt service is approximately $954,000 per year. Executive Summary Page Two Based on this analysis, staff recommends leasing office space for the next twenty-four (24) to thirty (30) months, while proceeding with plans for the construction of facilities recommended in Phase 1 of the Facilities Master Plan. Proceeding in this manner would allow the Board to minimize the need for leased office space within the next three to four years. The leasing of space will continue to be a consideration for short-term space requirements until permanent space can be built. In order to implement this plan, some interim actions should be taken. The Board currently leases the parcel of land (1.65 acres) next to the Development Services Building for overflow parking at a cost of $12,000 per year. Staff recommends that this parcel be purchased to support future growth for this Division. The cost of this property is $378,000 or $5.25 per square foot. A purchase decision needs to be made relatively soon since this parcel is being actively marketed for sale. If approved, this acquisition would be funded from building permit fees. Additionally, consideration should also be given to securing a parcel of land in the general vicinity of the Development Services Building for a Public Works Facility. FISCAL IMPACT: The annual cost of the Transportation and Revenue Services Department ....... leases is estimated at $175,000 per year and would be proposed during the FY 2000 budget process. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board accept staffs report and recommendations and direct staff to terminate RFP No. 99-2919 (Public Works Turn-Key Project). Skip Camp, CFM, Director The Department of Facilities Management ~ . '--.~. ~. ,,, ~ .... Reviewed By: Sandra Taylor, ~'h, ector Date: Real Property'Department Approved By: ' "-': ~ '~- ~ - ~ ~ .... ~ Date: Leo E. Ochs, Jr., Administrator Support ServicesDivision COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA 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 FOR BOARD ACTION 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 AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH 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. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES 5. PRESENTATIONS AND AWARDS B. SERVICE AWA_,DS A 13 1999 pg.. 6, ADVERTISED PUBLIC HEARINGS A, COMPREHENSIVE PLAN AMENDMENTS, /~.~//~ B. ZONING AMENDMENTS C. OTHER ADVERTISED PUBLIC HEARINGS 7. BOARD OF ZONING APPEALS A. PUBLIC HEARINGS B. STAFF PRESENTATIONS 8. PUBLIC PETITION AND COMMENT 9. COUNTY ADMINISTRATOR A. OFFICE OF THE ADMINISTRATOR B. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES C. PUBLIC SERVICES D. PUBLIC WORKS E. SUPPORT SERVICES 10. COUNTY ATTORNEY 11. BOARD OF COUNTY COMMISSIONERS 12. OTHER AGENCIES A. OTHER CONSTITUTIONAL OFFICERS B. AIRPORT AUTHORITY 13. STAFF COMMUNICATIONS 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 15. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION OF APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. action will be taken by one motion without separate discussion of each item, If disc ussio desired by Member of the Board, that item(s) will be removed from the Consent Agenda and ...... considered separately. A. ADMINISTRATOR /, B. COMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES (~' C. PUBLIC SERVICES D. PUBLIC WORKS E. SUPPORT SERVICES F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE H. OTHER CONSTITUTIONAL OFFICERS L COUNTY ATTORNEY J. AIRPORT AUTHORITY 1'7. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. I999 April 7, 1999 Mr. David E. Brandt, Chairman Marco Island City County 950 North Collier Boulevard Suite 308 Marco Island FL 34145 Re: Quarterly Joint Meeting Proposal Dear Chairman Brandt: In the past regularly scheduled joint meetings were held at which the chief elected and appointed officials of each of the governmental jurisdictions in Collier County could discuss matters of mutual concern. I understand that these meetings were attended by the Superintendent of Schools, the School Board Chairman, The Mayor and City Manager of the City of Naples, and the County Commission Chair and County Manager. I am proposing to re-institute these meetings on a quarterly basis in an effort to promote effective communication among our respective agencies. I would also like to add to the list of attendees representatives of the City of Marco Island and Everglades City. Toward that end I would like to invite you to attend such a meeting to be held on (date and time to be determined ) in the Board of County Commissioners' conference room on the third floor of the Administration Building in the Collier County Government complex. I look forward to providing this forum for productive discussion among all of the participating agencies and thank you in advance for your participation. Very truly yours, Pamela S. Mac'Kie, Chairwoman Collier County Board of County Commissioners 1999 April 7, 1999 Mr. Nelson A. Faerber, Jr., Chairman Collier County District School Board 3710 Estey Avenue Naples FL 34104-4499 Re: Quarterly Joint Meeting Proposal Dear Chairman Faerber: In the past regularly scheduled joint meetings were held at which the chief elected and appointed .... officials of each of the governmental jurisdictions in Collier County could discuss matters of mutual concern. I understand that these meetings were attended by the Superintendent of Schools, the School Board Chairman, The Mayor and City Manager of the City of Naples, and the County Commission Chair and County Manager. I am proposing to re-institute these meetings on a quarterly basis in an effort to promote effective communication among our respective agencies. I would also like to add to the list of attendees representatives of the City of Marco Island and Everglades City. Toward that end I would like to invite you to attend such a meeting to be held on (date and time to be determined ) in the Board of County Commissioners' conference room on the third floor of the Administration Building in the Collier County Government complex. I look forward to providing this forum for productive discussion among all of the participating agencies and thank you in advance for your participation. Very truly yours, Pamela S. Mac'Kie, Chairwoman Collier County Board of County Commissioners 13 1999 April 7, 1999 Honorable Sammy Hamilton, Mayor City of Everglades P.O. Box 110 Everglades City FL 34139 Re: Quarterly Joint Meeting Proposal Dear Mayor Hamilton: In the past regularly scheduled joint meetings were held at which the chief elected and appointed officials of each of the governmental jurisdictions in CoJlier County could discuss matters of mutual concern. I understand that these meetings were attended by the Superintendent of Schools, the School Board Chairman, The Mayor and City Manager of the City of Naples, and the County Commission Chair and County Manager. I am proposing to re-institute these meetings on a quarterly basis in an effort to promote effective communication among our respective agencies. I would also like to add to the list of attendees representatives of the City of Marco Island and Everglades City. Toward that end I would like to invite you to attend such a meeting to be held on (date and time to be determined ) in the Board of County Commissioners' conference room on the third floor of the Administration Building in the Collier County Government complex. I look forward to providing this forum for productive discussion among all of the participating agencies and thank you in advance for your participation. Very truly yours, Pamela S. Mac'Kie, Chairwoman Collier County Board of County Commissioners ~GEN ~ 13 1999 Pg,~,-,__.,~~ April 7, 1999 Dr. Richard L. Woodruff, City Manager City of Naples 735 Eight Street South City Hall Naples FL 34102-6796 Re: Quarterly Joint Meeting Proposal Dear Dr. Woodruff: In the past regularly scheduled joint meetings were held at which the chief elected and appointed officials of each of the governmental jurisdictions in Collier County could discuss matters of mutual concern. I understand that these meetings were at'tended by the Superintendent of Schools, the School Board Chairman, The Mayor and City Manager of the City of Naples, and the County Commission Chair and County Manager. I am proposing to re-institute these meetings on a quarterly basis in an effort to promote effective communication among our respective agencies. I would also like to add to the list of attendees representatives of the City of Marco Island and Everglades City. Toward that end I would like to invite you to attend such a meeting to be held on (date and time to be determined ) in the Board of County Commissioners' conference room on the third floor of the Administration Building in the Collier County Government complex. I look forward to providing this forum for productive discussion among all of the participating agencies and thank you in advance for your participation. Very truly yours, Pamela S. Mac'Kie, Chairwoman Collier County Board of County Commissioners ~,GEN ~,,.I - A R 13 1999 April 7, 1999 Mr. A. William Moss, City Manager City of Marco Island 950 North Collier Boulevard Suite 308 Marco Island FL 34145 Re: Quarterly Joint Meeting Proposal Dear Mr. Moss: In the past regularly scheduled joint meetings were held at which the chief elected and appointed officials of each of the governmental jurisdictions in Collier County could discuss matters of mutual concern. I understand that these meetings were attended by the Superintendent of Schools, the School Board Chairman, The Mayor and City Manager of the City of Naples, and the County Commission Chair and County Manager. I am proposing to re-institute these meetings on a quarterly basis in an effort to promote effective communication among our respective agencies. I would also like to add to the list of attendees representatives of the City of Marco Island and Everglades City. Toward that end I would like to invite you to attend such a meeting to be held on (date and time to be determined ) in the Board of County Commissioners' conference room on the third floor of the Administration Building in the Collier County Government complex. I look forward to providing this forum for productive discussion among all of the participating agencies and thank you in advance for your participation. Very truly yours, Pamela S. Mac'Kie, Chairwoman Collier County Board of County Commissioners I999 Pg. April 7, 1999 Dr. Dan W. White Interim Superintendent Collier County District School Board 3710 Estey Avenue Naples FL 34104-4499 Re: Quarterly Joint Meeting Proposal Dear Dr. White: In the past regularly scheduled joint meetings were held at which the chief elected and appointed officials of each of the governmental jurisdictions in Collier County could discuss matters of mutual concern. I understand that these meetings were attended by the Superintendent of Schools, the School Board Chairman, The Mayor and City Manager of the City of Naples, and the County Commission Chair and County Manager. I am proposing to re-institute these meetings on a quarterly basis in an effort to promote effective communication among our respective agencies. I would also like to add to the list of attendees representatives of the City of Marco Island and Everglades City. Toward that end I would like to invite you to attend such a meeting to be held on (date and time to be determined ) in the Board of County Commissioners' conference room on the third floor of the Administration Building in the Collier County Government complex. I look forward to providing this forum for productive discussion among all of the participating agencies and thank you in advance for your participation. Very truly yours, Pamela S. Mac'Kie, Chairwoman Collier County Board of County Commissioners 1999 April 7, 1999 Mayor Bill Barnett City of Naples 735 Eight Street South City Hall Naples FL 34102-6796 Re: Quarterly Joint Meeting Proposal Dear Mayor Barnett: In the past regularly scheduled joint meetings were held at which the chief elected and appointed officials of each of the governmental jurisdictions in Collier County could discuss matters of mutual concern. I understand that these meetings were attended by the Superintendent of Schools, the School Board Chairman, The Mayor and City Manager of the City of Naples, and the County Commission Chair and County Manager. I am proposing to re-institute these meetings on a quarterly basis in an effort to promote effective communication among our respective agencies. I would also like to add to the list of attendees representatives of the City of Marco Island and Everglades City. Toward that end I would like to invite you to attend such a meeting to be held on (date and time to be determined ) in the Board of County Commissioners' conference room on the third floor of the Administration Building in the Collier County Government complex. I look forward to providing this forum for productive discussion among all of the participating agencies and thank you in advance for your participation. Very truly yours, Pamela S. Mac'Kie, Chairwoman Collier County Board of County Commissioners pg. ?'. OBJECTIVE: To appoint 9 members to serve staggered terms on the Environmental Advisor>., Council. CONSIDERATIONS: This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the cotmty covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 11 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. W. Terry Cole technical 3 yes none Milton Keen Cornell technical 2 yes none Marco Espinar technical 3 yes EAB Blair A. Foley technical 2 yes EAB Alfred F. Gal. Jr. technical 1 yes none William W. Hill technical 1 yes EAB Dr. Daniel Jackson technical 4 yes none Jerry C. Neal technical I yes none Monty D. Robinson technical 3 yes EPTAB Thomas W. Sansbury non-technical 4 yes none Michael Simonik technical 4 yes EPTAB (Chairman) Lake Trafford COMMITTEE RECOMMENDATION: New Council - no recommendations. The initial terms of office shall be as follows: Two members will serve for a term of one year, expiring on April 13, 2000. Two members will serve for a term of two years, expiring on April 13, 2001. APR 13 1999 Two members will serve for a term of three years, expiring on April 13, 2002 Three members will serve for a term of four years, expiring on April 13, 2003] P!~-~ _ FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 9 members to serve staggered terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 13, 1999 AGENDA BEM No./n APR13 Pg. ~ ~ ='~ ~= - , ~ ~ ~ ~.e "~' ~ -~ · ~, ~ '~ ~ ~ ~ ~ · ~ .- . .~ ~ ~ _ ._ : 1999 .~_ ] Community Development & Environmental Services Divisio~, Office of the Administrator , Memorandum Date: March 10, 1999 To: Sue Filson, Administrative Assistant Board of County Commissioners From: . , , Subject: Environmental Advisory Council (EAC) I have reviewed your memorandum regarding the vacancies on the Environmental Advisory Council. The attached chart contains an overview of each applicant's experience, professional deuces, and a notation as to whether they served on the EAB or EPTAB. Each applicant meets the minimum qualifications. Please contact me if you have any questions. API~ 13 1999 MEMORANDUM DATE: Febm~ 22, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistan,C~ Board of County Commissioners R_E: 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 appE .4, ,:sides. ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT W. Terry Cole 9062 Autumn Haze Drive Naples, FL 34109 Blair A. Foley 120 Edgemere Way South Naples, FL 34105 William W. Hill 3655 Amberly Circle A102 Naples, FL 34112 Michael Simonik 455 13th Avenue South Naples, FL 34102 Milton Keen Cornell 686 Lismore Lane Naples, FL 34108 Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 Monty D. Robinson 242 Tina Lane Naples, FL 34104 Jerry C. Neal 1450 Caxambas Court ~ / Marco Island, FL 34145 Alfred F. Gal, Jr. 82 North Barfield Drive ~,~ / Marco Island, FL 34145 Daniel F. Jackson 3323 Guilford Court Naples, FL 34112 Thomas W. Sansbury 840 River Point Drive, Unit 840 Naples, FL 34102 Thank you for your help. MEMORANDUM DATE: February 22, 1999 TO: Vince Cautero, Administrator Cogunity Development and Environmental Sen, ices FROM: Sue Filson, Administrative Assistan~5~ , Board of County Commissioners --,(._J' '- RE: Environmental Advisory Council As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: W. Terry Cole 9062 Autumn Haze Drive Naples, FL 34109 Blair A. Foley 120 Edgemere Way South Naples, FL 34105 William W. Hill 3655 Amberly Circle A102 Naples, FL 34112 Michael Simonik 455 13th Avenue South Naples, FL 34102 Milton Keen Cornell 686 Lismore Lane Naples, FL 34108 Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 Monty D. Robinson ............... 242 Tina Lane Naples, FL 34104 APR 13 1999 Jerry C. Neal 1450 Caxambas Court Pg ._~ Marco Island, FL 34145 Alfred F. Gal, Jr. 82 North Barfield Drive Marco Island, FL 34145 Daniel F. Jackson 3323 Guilford Court Naples, FL 34112 Thomas W. Sansbury 840 River Point Drive, Unit 840 Naples, FL 34102 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments APR 13 1999 02/18/99 THU 17:31 FAX 19412623074 HOLE MON'rES ~001 HM~.~ik PrsServ~ng and enhancing Florida~ quality of I~ since 1966 HOLF., MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS February 18, 1999 VIA FACSIlV!II,E 77te3602 Ms. Sue Filson Administrative Assistant Collier County BCC 3301 E. Tamiami Trail Naples, FL 34112 Dear Ms. Filson: I understand that the Environment Advisory Council CEAC) is being formed. Therefore, I would like to submit my name for consideration as a member. I have enclosed a copy of my resume listing my qualifications and experience. As a Professional Civil Engineer in Naples for the last 10 years, I have worked on many projects involving development, permitting, and environmental issues. Therefore, I feel that I have the experience necessary to serve as a technical member. Thank you for considering my request. Plesse call me if you have any additional questions or need additional information. Very truly yours, HOLE, MONTES & ASSOCIATES, INC, W.~e~ol~ St. Associate APR 13 1999 W:%8200\C-Office Administmtiot~\WTC'XsF)02lS.doc P ~ ' -// " 715 TEN'i"H STREET SOUTH POST OFFICE BOX 158~ NAPLES, FLORIDA 34106 o~41-262-4617 FAX 041-262-3074 02116/99 THU 17:31 FAX 19412623074 HOLE iOh"rgS ~002 W. TERRY COLE, P.E. Education: Texas A & M University Bachelor of Science in Civil Engineering, 1983 Professional Registration: Professional Engineer, Florida Professional Affiliations: American Society of Civil Engineers Professional Experience: Mr. Cole has experience as a Project Engineer and Project Manager on both civilian and military engineering projects. He has been involved in phnning, design, permitting and construction on a wide variety of facilities. At Hole, Montes& Associates, Inc. (HM&A), Mr. Cole has been project manager for many land development and municipal projects. He has managed projects ~'vm the design and permitting phases, through construction inspection and in~cture acceptance. Some of Mr. Cole's major projects include: drainage and roadway im~ovements in Pine Ridge Industrial Park ($6 million construction cost); Quail West, a 1,200-acre residential development includ~g a 36-hole golf course; Fiddler's Creek, a 2,380-acre residential golf course development; the master planning and design for First Baptist Church (I00 acre project); Longshore Lake, a residential community;, a~l several projects for Naples Community Hospital and Collier County Public Schools. In addition, Mr. Cole has designed facilities on many other commercial/residential sites including Radiaxion Therapy Center, Teddy Bear Museum, Sports Authority, Collier County Production Park, North Naples Medical Park, World Tennis Center, Briarwood, Safe Harbor and Seacrest School. He also serves as the District Engineer for the Fiddlcr's Creek Commtmity Development District. As Staff Civil Engineer and Head of Facilities Management CU.S. Navy), he was responsible for maintenance and construction of hospital facilities. Mr. Cole directecl a public works maintenance department and coordinated the design and construction of base facilities. He also managed a budget of $2 million per year for maintenance and utilities for base facilities. As Resident Officer in Charge of Cov. s~ction (U.S. Navy), Mr. Cole was a contracts administrator. He supervised coordination, planning, inspect[on, change order negotiation and project acceptance for a wide variety of projects (more than 100 projects) with a total construction value of $23 milh'on. Projects included runway and taxiway improvements; drainage and sanitary sewer _improvements for base facilities, and construction and renovation of new and existing bunclings. 13 1999 eb.18. 1999'~ 3:35PM. ho.1227 "'P. 1~ I I S,.,rve¥ & McODn~ CONSULTANTS J N C ~ Estate Ap~r~isci Mo~Gag~ 8taker ~Nlcas A CECI GROUP COMPANY ~nv~rcnmentaj A~e~smepf FACSIMILE MESSAGE COVER PAGE DATE: ~z~v 18, lgg9 TO: Sue Filson FAX#: _ _774,3602 FROM: Blair A. Foley PROJECT#: 99,999 KEM.~R~KS: Letter of In~re~t.arf] P~sunt~ in re We are transmitting 3 pages(s), including this cover page. If you do not receive all pages or have difflcult'y reading this document~ please call us Immediately. (941) 590-9900. FAX OPERATOR Eelly ORIGINAL TO BE MAILED Yes THIS OFFICE FACSIMILE NUMBER (941) 590-9909 Con~dendal3ty NoUce: This page Bad any :c:omptn~tnl documents contain confidentIra !nformattion intended for a ipedfic individual and putpus& Thle telecopied infomatlon Is prlvlta and protected by law. If you and not Ihe Intended redplent~ you ere hereby notified ~at liny dlerJo~ure, copeinS, dl:trlbution, or the taidn~ or any lotion based on the eontenb of t~dl Information, Is itrtctiy proklbtl~l, APR 13 1999 17~ S. TGmiaml T,'~li, Suite #102, F:crt Myers, Rorldo 339g6 NAPLES FORT MYERS $ARASOTA LAKELAND :eb.18. 199~ 3:35PM -% ENGINEERING S~,rvey & Map;Jng CONSULTANTS MO~gOGG Brexer eROUP COMPANY · Envrr~nmen,ai A~e~ment February lS, 1999 Ms. Sue F~on Administrative Assistant · Collier County Government Center 3301 E. Tamiami Trail Naples, FL 34112 RE: BlairA. Foley, P.E. En,dronmcnml Advisory Council Letter of Candidacy Dew Ms. Filson: This will serve as a formal letter of interest ~s a qualiSed candidate for the Environmental Advisory Council of Collier County, I have over fourteen (14) years of engineering experience with governmental agencies and private enterprise and currrntly serve as a Chair for the Collier Cotmty Envh'onmen~al Advisory Board. Pursuant to ~e guidelines of this committee, I have enclosed a copy of my resume for your consideration. My home address is 120 Edgemere Way South, Naples, Florida 34105. My home phone is (941) 262-1225. My bttsLaess phone is (941) 643- 2324 or (941) 590-9900. Thank you for your interest in review~g the enclosed information. I look forward to meed.ng with )'our review boaxd to discuss my qualifications and anticipated contributions to the Environmental Advisory Council wh.ieh serves the Collier County commumLy. Respecrf~ily, F,~closure APR 13 1999 ,; , , _ J 'i 75~5 S. Tomlomr TrQ'., Suite #]02, Fort Myers, Flor~clo 3~c)C8 , PhOne (~4]) 6QO-QgO0 Fox (g41) 5g~-~:~g ' www. coc:~'c~.e~g~neerlnO.com Feb.lB. 1999 3:35PM N0.1227 P. 3 'BLAIR A. FOLEY, P~E. · ' Prlncipa! Engineer COASTAL ENGINEERING CONSULTANTS, INC. RESPONSIBILITIES Mr. Foley has over fourteen (14) years of engineering experience with governmental. agencies and private enterprise. His eight (8) years experience with Coastal Engineering Consultants, Inc. (CEC) includes preparation of contracts, financial management, marketing and supervision of land development projects. Mr. Foley regularly provides presentations before numerous public hearings. He has been responsible for the design and construction of many multi~family developments and single family subdivisions. Mr. Foley l'ms extensive experience in site planning and engineering design of residentiaI, commercial, industrial and coastal projects. He is responsible for preparing traffic impact statements, civil design plans and environmental studies for submittal to the required governmental agmacies for final construction approval. Hc has also prepared enginet~ring plans with the use of AutoCad. PRIOR EXPERIENCE As a Design Engineer for Wilsom. Miller, Barton & Peek, Inc. in Naples, Florida, his d~tties included all phases of engineering design associated with land development including water management and wetland feasibility studies, permitting with emphasis on surface water resources and jurisdictional wetland issues, computer modeling of utility/roadway systems and mapping with AutoCad. As Chief Environmental Engineer for Hillsborough County Environmental Protection Commission,. duties included program development and implementation, County, rule derivation for mobile sources of air pollution,. quantitive source emission inventory, traffic impact statement preparation and supervision of environmental specialists. EDUCATION/PROFESSIONAL REGISTRATION B.S.E.S. Environmental Engine.~ng, University of South Florida (USF), 1985 Engineruing Management and Computer Modeling, USF, i 985-1985 Licensed Professional Engine:r, State of Florida Licensed Professional Engineer, State of Alabama PROFESSIONAL AFFILIATIONS/MEMBERSHIPS Collier County Environmental Advisory Board Florida Engineering Society American Society of Civil Engin~:rs Society Christian Design Professionals The National Society of Professional Engineers -- The American Heart Association, Heart, Ball Comm{tt¢¢ APR 13 199 17 February, 1999 Board of County Commissioners Collier County Naples, FL. Commissioners: Enclosed is a Professional Resume in support of my application for consideration as a member of the newly formed Environmental Advisory Council. If additional information is desired please contact me. Yours truly, William W. Hill ,,,_ NO APR 13 1999 Pg ._/Z._~L~ William W. Hill Professional Summary 3655 Amberly Circle A 102 Naples, F1. 34112 941/774-4412 EDUCATION B.S.M.E. Georgia Institute of Technology M.S.A.E. Purdue University Ph.D. Colorado State University ACADEMIC AND ADMINISTRATIVE EXPERIENCE Purdue University Instructor, School of Aeronautical Engineering and Engineering Sciences Tri-State University Chairman, Department of Aeronautical Engineering, 1961-63 Assistant Professor, Department of Mathematics and Engineering Mechanics, 1963-64 Associate Professor, Department of Civil Engineering, 1966-74 Dean of Engineering, 1974-78 Director, Engineering and Research Center, 1975-78 Senior Vice President, 1978-81 L.L. Dresser Professor of Engineering, 1981-84 Director, Tri-State University Energy Analysis and Diagnostic Center, 1983-85 Professor of Mechanical and Aeronautical Engineering, 1984-88 Chairman, Department of Mechanical and Aeronautical Engineering, 1988-93 Engineering Professor Emeritus, 1993 ENGINEERING EXPERIENCE Engineering Consultant to: Hydraulic Power Division of Eaton Corporation; Marshall, MI City of Angola, Indiana Henry B. Steeg Division of HNTB, Indianapolis Brads-Ko Engineering, Elkhart, Indiana Steuben County and Pigeon River Drainage Boards Indiana Department of Natural Resources, T x 2000 Lake Enhancement Program Member, Steuben County Solid Waste Study Committee Member, Maumee River Valley Erosion Control Study Committee Owner; William Hill & Associates, Angola, Indiana; 1992-96 Registered Professional Engineer; Indiana, Ohio, Michigan APR 13 1999 '2- William W. Hill ENGINEERING AND PROFESSIONAL SERVICE Member; ASME, ISPE, NSPE, Sigma Xi, Indiana Lake Management Society and NALMS. Past Regional Vice President, National SoCiety of Professional Engineers Past President, Indiana Society of Professional Engineers Past Member, 1985-1993, Indiana Registration Board for Professional Engineers and Land Surveyors, Chairman, 1987 and 1988 COMMUNITY SERVICE Kiwanis Club of Angola and Past President, 1970-96 Steuben County Lakes Council; Founder and Member of Board of Directors, 1972-93 Past member, Steuben County Red Cross Board Member, First Congregational Church; Past Treasurer Member, Kiwanis Club; Naples on the Gulf Member, The Conservancy of Southwest Florida Member, Collier County Environmental Advisory Board MILITARY SERVICE Flight Instructor, U.S. Navy, 1951-55 HONORS AND AWARDS Sigma Gamma Tau Pi Tau Sigma Tau Beta Pi Chi Epsilon "Citizen Engineer" Award ISPE Distinguished Service Award Pi Tau Sigma Outstanding Faculty Award Sears Roebuck Outstanding Faculty Award McKetta Outstanding Engineering Faculty Award APR 13 1999 Michael Simonik 455 13th Avenue South Naples, FL 34102 941-.434-9736 February 15, 1999 Collier County Board of County Commissioners Collier County Government Center 3301 Tamiami Trail East Naples, FL 34112 Attn: Sue Filson, Administrative Assistant Dear Ms. Filson: Please consider this letter my request to be a member of the new Environmental Advisory Council. As you know, I was a member and Chairman of the former Environmental Policy Technical Advisory Committee. I am a permanent resident and registered voter in Collier Count.','. Enclosed is a copy of my resume. Kindly advise me should you need any other information. Thank you. Michael Simonik Enc APF~ !3 1999 MICHAEL SIMONIK 455 13th Avenue South Naples, Florida 34102 (941 ) 434-9736 EDUCATION Masters of Public Affairs, 1993 Indiana University, Bloomington, Indiana School of Public and Environmental Affairs Concentrations: Environmental Policy and Natural Resource Management, and Public Financial Administration Bachelor of Science, 1987 The Ohio State University, Columbus, Ohio School of Natural Resources Major: Wildlife Management WORK EXPERIENCE DIRECTOR of ENVIRONMENTAL POLICY, January 1996- The Conservancy of Southwest Florida, Naples, Florida ~ir~ct Conservancy policy among staff, President, and Board of Directors Investigate current environmental issues and propose innovative policy solutions Develop position statements on environmental issues Address the public, press, and local governments regarding Conservancy policy Write "Eye on the Issues" newsletter and develop monthly "Issues" seminar -- Monitor city, county, and state governments regarding conservation issues Oversee Policy staff and Volunteer Public & Environmental Policy Corps ENVIRONMENTAL RESOURCES MANAGER/COMMUNITY AFFAIRS, 1994 -1995 Charlotte Harbor Environmental Center (CHEC), Punta Gorda, Florida Managed the development of CHEC sites newly-acquired by Charlotte County Recruited and trained volunteers for new sites Wrote habitat and recreational use management plans for future sites Assisted with the development of environmental education programs Co-coordinated Florida Yards & Neighborhoods Program Managed or assisted in the development and implementation of other programs: CHEC Internship Program, Water Resources Education Program, CHEC annual Volunteer Training Program, Habitat restoration projects with citizen/volunteer groups, Wildlife and vegetation monitoring program, and Grant writing for projects Spoke to the public and the County Commissioners on project related topics MARINE EDUCATOR, 1993 - 1994 Charlotte Harbor SWIM Project, Charlotte County Cooperative Extension Service, Adjunct faculty status-University of Florida, CHEC, Punta Gorda, Florida Coordinated Florida Yards & Neighborhoods Program for Extension Service Coordinated Marine Education Program for CHEC Developed and wrote Charlotte Harbor Ecology presentation Presented .public education programs on water quality issu ""' Developed program and trained Master Gardeners as Flor EI;~ Ya ' r~:~'E Developed original training program and trained CHEC Vo Ex-officio member of Natural Resources Advisory Council or SW Florida Wrote grants to continue funding for Florida Yards Prograr APFt t 3 1999 CONSULTING ECOLOGIST, 1993 Kevin L. Erwin Consulting Ecologist, Inc., Ft. Myers, Florida Performed threatened and endangered species surveys Delineated wetlands for government agency approval Mapped vegetation using FLUCCS codes Processed macro-invertebrate samples to check water quality MAYOR'S INTERN - Public Financial Administration, Summer 1992 City of Indianapolis, Indiana, Mayor Stephen Goldsmith Principle Researcher, Mayor's User Fee Committee Inventorled all licenses, permits, service charges, fees, fines and penalties Interviewed administrators of services as to the legitimacy of fees Prepared supporting documents for fee adjustments Made comparative analyses of major American cities' user fees Created a User Fee Manual to analyze historical trends Recommended an Annual User Fee Review by the Controller's Office WILDLIFE BIOLOGIST/ENVIRONMENTAL MONITORING CONSULTANT Collier Enterprises, Naples, Florida 1990-1991 Assessed habitat and land use using FLUCCS codes Surveyed wetland birds and mammals monthly Conducted forest inventory analyses and timber cruises Performed Phase I and II environmental audits Participated in Florida Game and Fish Commission's Deer Surveys and Panther Recovery Project Recorded water levels at citrus grove reservoirs weekly Investigated possible contamination sites for cleanup Collected and tested well water quality samples monthly Performed annual night spotlight surveys for deer, other wildlife Participated in environmental conferences and workshops Developed Lotus 1-2-3 program for deer survey analyses UNITED STATES PEACE CORPS VOLUNTEER, MOROCCO, 1988 -1990 Parks, Wildlife and Environmental Education Sector Environmental Education Center, National Park, Rabat Created and wrote conservation audiovisuals, programs, questionnaires, pamphlets and designed exhibits Obtained funding to fully equip the Education Center Lectured throughout Morocco on environmental protection Attended environmental conferences and workshops Spoke, in French, at the "Journee d'Etude sur I'Education Environnementale" (A Study Day on Environmental Education) Participated in Barbary Macaque (Macaca sylvana) census Created and motivated interest in Earth Day 1990 activities Trained and supervised education technician Communicated effectively in French and Moroccan Arabic NATURE CENTER INTERN, Winter 1988 NoA?~ The Conservancy, Inc., Naples, Florida Designed and presented educational tours and programs APe 13 1999 Treated injured native Florida wildlife Trained and supervised volunteers Recorded and reported data from the Naples weather sta ~n Pg ,. ~./_ Proficient at: Windows 95, Lotus 1-2-3, Word Perfect, and Harvard Graphics A FFIL IA TI 0 NS 1996-1999 Leadership Collier, Class of 1999 Big Brothers of Southwest Florida, Matched with Little Brother since 1993 National Association for the Advancement of Colored People, Elected Treasurer since 1996 Environmental Policy Technical Advisory Board, Chairman, BCC Appointed, since 1997 Collier County Lake Trafford Task Force since 1997 Environmental Confederation of Southwest Florida, Board of Directors, 1999 Naples Bay Project Committee, Vice-Chairman, City appointed 1997 Agency for Bay Management of Estero Bay, Regional Planning Council appointed 1997 EIS for SW FL, Army Corps of Engineers, Alternative Development Group, 1998 Lover's Key Management Plan Advisory Group, 1998 Environmental Advisory SWFL Committee, Vice-Chair, SF Water Management District, since 1996 Naples Area Chamber/EDC Coalition Environmental Policy Committee since 1996 Native Plant Society, Elected Treasurer, Naples Chapter, 1997 Everglades Coalition, Representative US 41 Scenic Highway Corridor Advocacy Group Naples Area Chamber of Commerce Bay Days/Bikefest Committee Collier County Council of Economic Advisors, BCC Appointed, 1997 Charlotte Harbor National Estuary Program (NEP) Technical Advisory Committee Friends of the Panther Refuge National Audubon Society World Wildlife Fund Wildlife Society, member since 1983 APR 13 1999 RECEIVED FiB ! 2 I~99 February 12, 1999 Boara of County Cc.q~issicnerS Fax to Sue Filson, Administrative ,~sis(ant, Board of County Commissioners at 774-3602 Dear Ms. Filson, Please consider this letter and resume as my application for a position on the Environmental Advisory Council. Thank you for reviewing this application. Please let me know if any additional information is needed. Sincerely, Milton Keen Cornell 686 Lismore Lane Naples, FL 34108 Phone: 592-7254 Fax: 594-8742 e-mail: mkcomell@aol.com -- Application of Milton Keen Cornell for position on the Environmental Advisory Council Faxed to Sue Filson, Administrative Assistant, BCC at 774-3602 on February 12, 1999 Milton Keen Cornell (a resident and elector of Collier County) 686 Lismore Lane Naples, FL 34108 General I believe that my conservation and business experience would be helpful in advising the board on the management of the county's natural resources. While I think that preserving our natural heritage and quality of life for future generations is our top priority, I under- stand the importance of economic development, having devoted my business career to our family building products company. Conservation Experience Mangrove Action Group (Pelican Bay): board n~ember Conservancy of SW FL: active men~ber of their policy corps, working on Sand Dollar Island, Mound Key, Lake Trafford, Everglades Restudy and various legislation. The Nature Conservancy, PA Chapter: trustee Tobyhanna Creek Watershed Association (PA): board member, Secretary, chair of sewage treatment plant monitoring activity, former chair of water testing activity. National Institute for Environmental Renewal (PA): board member Tobyhanna Township Sewer Commission (PA): former commissioner PA Environmental Council: regional advisory board Pocono Lake Preserve (our former residential community): board member, chair of environmental and external affairs activities Business Experience Cornell Iron Works, Inc., Mountaintop, PA: president from 1963 until retirement in 1997. Now board chair. This is a building products manufacturing and marketing company, selling nationally. We were honored in 1997 as the statewide Family Business of the Year in our size class by the Small Business Development Corporation. .Education Now enrolled in a conservation course at FGCU, for credit but not for a degree MBA, Wilkes University, Wilkes-Barre, PA, 1983 BS Enngineering, Harvard College, Cambridge, MA 1959 BA, Harvard College, 1958 Personal Age: 62 (bom 12-14-36) Wife: Georgia Slocum Cornell Children: 5 - _---- Phone: 592-7254 No~?5_~_~ , Fax: 594-8742 e-mail: mkcorncllc~.aol.com APfe 13 1999 RECE!VED Collier Environmental Consultants Inc. Telephone (94f~ 263'2747 3880 Estey Ave. ao~rd of C:ouat. v C~.,T~iSsion~n Naples, Florida 34104 February 10, 1998 Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Ms. Filson, I am writing to request consideration for an appo: ,~ :,ent to the Environmental Advisory Council. I strongly believe that my broad and diverse background would make me an excellent board member. I obtained my degree in Biology from the University of South Florida: in Tampa, Florida. I have been employed as a Biologist at South and Southwest Florida Water Management Districts, Collier County Development Services and currently as the owner of an environmental consulting firm. While at Collier County Development Services, Compliance Division, I gained an understanding and knowledge of Collier County Codes and Ordinances and even assisted in writing several environmental ordinances for the Collier County Land Development Code. I presently serve on the Environmental Advisory Board and have previously served on a professional board. I was elected for two terms to the Southwest Chapter of Florida Association of Environmental Professionals and also served on their By-Laws Committee. As previously mentioned, I currently own and operate Collier Environmental Consultants. This experience has made it necessary to understand and balance the Environmental Laws that govern my business along with my client's needs. My comprehension of this balance, having experience both as a regulator and a regulated party gives me an objective and unbiased viewpoint, which would be key to fulfilling responsibilities as a Board Member on the Environmental Advisory Council. I believe that my almost 15 years experience in south Florida, coupled with my objective standpoint will enable me to make a positive and forward - looking contribution to the EAC. I look forward to serving both the Council and all of Collier County. AP2 13 1999 pg. ,~-.~". Marco A. Espinar Bilingual: English &.Spanish 3880 Estey Avenue Office: 941-263-2747 Naples, F! 34104 EDUCATION Cardinal Mooney High School Diploma 1980 Sarasota, Florida Manatee Junior College AA Degree 1982 Bradenton, Florida Biology University of South Florida BS Degree 1990 Tampa, Florida Biology Completed USF Cooperative Education Program April 1988 USF Undergaduate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae ( Gracilaria tikvahiae, G. verrucosa, G. deblis ) Port Mariatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Owner &Environmental Naples, Horida Planner Environmental Permitting, Planning Exotic Plant Removal / Poisoning Vegetation Inventory Mitigation Plantings Mitigation & Monitoring Plans Jurisdictional Determination Threatened and Endangered Species Survey Environmental Impact Statements Turrell &Associates, Inc. Senior Environmental Planner Naples, Florida Environmental Permitting, Planning Supervision of Staff Threatened and Endangered Species Survey Review Staff Reports Environmental Impact Statements AP ' 13 1999 South Florida Water Management District Environmental Analyst Fort Myers, Florida Dredge & Fill Permit Review Surface Water Permit Review Collier County Government, Development Services Environmental Specialist II Naples, Florida Site Development Plan Compliance Landscape Inspections Planned Unit Development Compliance Environmental Enforcement Site Drainage Inspections Southwest Florida Water Management District Field Services Technician Tampa, Florida As-Built Inspections Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections PROFESSIONAL ASSOCIATIONS Florida Association of Environmental Professionals, Member Southwest Florida Association of Environmental Professionals, Member Elected to Governing Board for 2 terms', Bylaws Committee Exotic Pest Plant Council, Member Naples Area Chamber of Commerce, Member Appointed by the Board of County Commissioners to Serve on the Collier County Environmental Advisory Board REFERENCES UPON REQUEST APR 13 1999 Monty D. Robinson 242 Tina Lane Naples, Florida 34104 Home: (941) 643-6320 Work: (941) 649-1551 Febmary10,1999 RE: Environmental Advisory Council (EAC) Dear Sue Filson: I am interested in serving on the EAC. Please forward my resume appropriately. I recently served on EPTAB and I believe that my engineering background will be a benefit to the council. Sincerely, Monty D. Robinson APR 13 1999 MONTY D. ROBINSON 242Marie Lane, Naples, FL 34104 Home Phone: (941) 643-6320 Cell Phone: (941) 641-4160 Work Phone: (941) 649-1551 OBJECTIVE Obtain a position in Enfironmental, Cixil, or Wastewater Engineering SCHOLASTIC · Sanitary Sewer Design · Wastewater Treatment Design EMPHASIS · Hydraulic Systems Design * Wastewater Microbiology EDUCATION UNIVERSITY OF FLORIDA Gainesville, FL May,, 1995 BS, Environmental Engineering Ms,v, 1991 EDISON COLLEGE Naples, FL M, Pre-Engineedng ACTIVITIES · Member of Environmental Policy Technical Advisory Board · Member of Flodda Engineering Society, Calussa Chapter · Member of Society of Environmental Engineers, University of Flodda · Listed in Who's Who in Amedcan Junior Colleges, Edison College · Received Plummet Scholarship for Honor Students, Edison College · Vice President of PHi THETA KAPPA Honor Society, Edison College CERTIFICATIONS Engineer Intern, State of Florida Open Water II SCUBA, University of Flodda Advanced SCUBA, PADI, Gainesville, FI Scientific Diving, University of Flodda EXPERIENCE American Engineering Consultants, Inc., Naples, FL 10/96- Present (Engineers, Planners, Surveyors) · Project Manager over Development of Large Gated Communities · Draft & Design of Sanitary Sewer, Stormwater, & Roadways · Draft Site Development Plans using Autocad 12 with ADCADD · Inspect houses to be remodeled for Structural Analysis · Structural drafting of single family homes including the Site Plan, Foundation Plan, Framing Plan, and Detail Sheets 2/96 - 8196 Wi!son, M!!ler, Barton and. Peek, Inc., Naples, FL (Engineers, Planners, Surveyors & Environmental Consultants) · Performed drafting of Site Development Plans using Autocad 12 · Coordinated with County & FDEP officials dudng submittal · Corresponded the Dedication of Utilities from the Owner to the County · Attended County Inspections of Sites including tamping of gravity sewers and pressure testing of water pipes and force mains 8/91 - 2/96 HOliday Inn University.Center, Gainesville, FL - Office Manager 10/87 - 8/91 Holiday Inn, Naples, FL - Night Manager &Auditor WORD, WORD PERFECT, SURVEY & COCO. N . APR !3 1999 Pg RECEIVED -- use Associates, In . FEB I! 199S Jcny C. Neal P.E. L0 Bonita Oaks Square Unit 9 4450 Bonita Beach Road Bonita Springs, Florida 34134 February 11, 1999 Sue Filson Administrative Assistant Board Of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 RE: Environmental Advisory Council Dear Sue Filson: I am applying for the newly-created Environmental Advisory Council. My resume is provided below. Jerry C. Neal Born: 8-26-49 1450 Caxambas Court Versailles, Kentucky Marco Island, F1 34145 School: University of Kentucky Phone 394-7143 home Civil Engineering Phone 948-2100 work Licenses held: Kentucky Florida Professional Engineer Professional Engineer Land Surveyor Land Surveyor Building Contractor Brief History: Kentucky 1955-1967 Worked with my father building houses and commercial buildings (summer and weekends). 1967-1971 Full time student at college (18-21 semester hours) and worked with an engineering company (Patron, Ely & Hun) 30 hours per week. Plus worked full time with company during summer breaks ......... APR !3 1999 Jerry Neal Resume Page 2 of 3 1971-1982 Worked full time with said company, the size of the company was 60 employees and I was a Vice President. Type of work; (1) survey, rezone, site planning for about 1,500 lots per year, (2) design subdivisions, shopping centers, industrial parks, storm water management, potable water systems, sanitary collection systems, (3) design 8 county wide potable water systems, tanks, and pumps, (4) design water treatment plants, (5) design waste water treatment plants, (6) plan and design raw water reservoirs, (7) design for the Soil Conservation Service several principle spillways and emergency weirs for large lake dams, (8) plan, layout routes, selection of sites, and size volume generated for solid waste collection stations for 16 counties (Kentucky). (9) I represented the Home Builders Association in the review, public hearings, and adoption of the Lexington-Fayette County Growth Management and Comprehensive Plan. (10) Floodplain analysis. (11 ) Worked with Professor Don Wood at the University of Kentucky on the development of the "Kentu ..~; '!pe" hydraulic analysis program which is the first and start of the computer p': zns for pipe flow analysis in United States. (12) Designed the first critical ilow entrance calculations for pipes and box culverts which has been adopted by the Kentucky Department of Transportation as a design standard, other states have also adopted the design. Florida 1982-1986 Started Anchoring Engineering on Marco Island as branch office to the Kentucky office. Type of work; (1) storm water management, surveying, subdivision design, and shopping center design, (2) marina design and permitting, (3) survey and process submerged land leases from the State of Florida for most of the condominium and commercial marinas on Marco Island plus several in Naples, and (4) Environmental permitting, jurisdictional determination, impacts, mitigation plans, monitoring, and wildlife studies. 1986-1988 Started second Anchor Engineering office in Naples. Type of work; (1) subdivision design, associated water and sewer design, rezones, and storm water management, (2) shopping center design, and (3) marina design and permitting, (4) the largest subdivision I worked on was the Vineyards which is about 1,200 acres. 1988 Anchor Engineering was sold to American Engineering. 1988-1991 Started engineering firm with surveyor Lamar Evers. Type of work; design subdivisions and shopping centers. 1990-today Partner and Qualifier in Pinnacle Home Builders on Marco Island. Type of APR 3 1899 Pg .~__ Jerry Neal Resume Page 3 of 3 991-1995 Collier County Government Office of Capital Projects. Worked on special projects; (1) beach renourishment on Marco and Naples, (2) inlet management plans for Wiggins Pass, Clam Pass, Capfi/Marco Pass, and Caxambas Pass, (2) Clam Pass Park boardwalk and utilities, (3) MSTU, Municipal Service Taxing Districts, (4) Senior Design Engineer over all County Roads plus prepared annual budget for County road improvements, maintenance, design and right-of-way acquisition, and (5) project manager for county waterways which included speed zones, navigational signage, and dredging, (6) environmental permitting for County projects, (7) All of County Parks engineering design, permitting, and/or review. (8) Did 4 years of raising monkeys and exotic cats; breeding farms, zoos, and Fish & Wildlife Service sent us (wife and I) numerous sick animals or infants to treat until they were able to survive on their own. 1995-1997 Tun'ell & 3sSociates. Environmental permitting; (1) wetland jurisdictional determinations, applications, impacts, preserves, mitigation plans, vegetation planting and monitoring, (2) Marina design, water depths, applications, mitigation plans, vegetation planting, and monitoring, (3) prepared the Clam Pass Inlet Management Plan, (4) design and permitting for batch concrete plants, pollution control for (a) air quali.ty, (b) storm water management, (c) truck wash down runoff, and (d) material re-cycle. (5) Wildlife studies and management plans. 997-today Purse Associates. Environmental Permitting and floodplain encroachment analysis. (1) wetland jurisdictional determinations, applications, impacts, preserves, mitigation plans, vegetation planting and monitoring, (2) Marina design, water depths, applications, mitigation plans, vegetation planting, and monitoring, (3) subdivision and shopping center site layout (planning), (4) wildlife surveys and management plans. Summary - I have working experience in the following areas: Biology Pollution Control Coastal Process Solid Waste Esmarine Process Storm Water Management Hydrogeology Water Resources Hydrology Wildlife Management Hydraulics The Development Community Land Use Planning APE:( I '> 1999 Alfred F. Gal, Jr. 82 North Barfield Drive Marco Island, Florida 34145 (941) 389-0479 By First.ClasS Mail February 7, 1999 ziE ~ 0 ~9c~c Sue Filson 3oar~ ;:f ,,20unt~ Cc~i ss ioc, ir'; Administrative Assistant Board of County Commissioners 3301 Iamiami Trail East Naples, Florida 34112 Dear Ms. Filson: I would like to apply for a position on the Environmental Advisory Council. I am currently employed as an attorney with James Karl & Associates on Marco Island. A my resume indicates, I have a long-standing personal interest and a professional background in environmental policy. While in law school I clerked at Kopelman & Paige, a large firm in Boston · which specializes in local government law including environmental review issues. I was also President of a student organization, the Environmental Law Forum. While earning my Masters degree in Energy and Environmental Studies, I worked at the Boston City Council advising them on water and sewer issues affecting the City. After obtaining my degree, I worked as a consultant for the Environmental Protection Agency specializing in wetland law and policy. I am applying for this position because I have the skills and background needed to advise the Collier County Board of Commission on matters dealing with natural resources and land use issues in this County. I look forward to speaking with the Commissioners on this matter. Please call my home or office to schedule an interview. Very Truly Yours, Alfred F. Gal, Jr. Enclosure APR } 3 1999 Pg -~ Alfred F. Gal, Jr. 82 North Barfield Drive Marco Island, Florida 34145 (941) 389-0479 EDUCATION Northeastern University School of Law, Boston, MA J.D., May 1998 Research Assistant: Revised curriculum and reading materials for Toxic Torts class. (Fall 1997) Activities.' Pace University Environmental Moot Court Competition (February 1997) President, Environmental Law Forum (1995-96) Boston University, Boston, MA M.A. in Energy and Environmental Studies, January 1993 Boston University, Boston, MA B.A. in Archaeology, May 1989 LEGAL EXPERIENCE James Karl &Associates, Marco Island, FL September 1998 - Present Attorney: Perform all functions ofa litigator in a general practice firm. Research legal issues. Draf~ motions and argue same in court. Depose witnesses. Attend pretrial conferences. Review and draft contract and lease agreements. Areas of practice include bankruptcy, family law-, personal injury, and debt collection. Thornton, Early & Naumes, Boston, MA December 1997 - February 1998 Lcm' Clerk: Assisted attorneys litigating mass torts and employment discrimination actions. Researched and prepared legal memoranda on procedural and evidentiary isiues arising in complex litigation. Drafted complaints and motions in limine. Tobacco Products Liability Project, Boston, MA . June - August 1997 h~tern.' Reviewed and analyzed the proposed settlement between the tobacco industry and state Attorneys General. Wrote articles about the settlement for a tobacco control publication. Researched and drafted legal memoranda on issues concerning municipal regulation of tobacco products. Kopeiman and Paige, P.C., Boston, MA December 1996 - April 1997 Law Clerk.' Assisted attorneys in all aspects of municipal law. Researched and prepared legal memoranda on environmental, zoning, and contract issues. Prepared real estate licenses. Drafted motions, interrogatories and requests for production of documents. Researched procedural and evidentiary issues. United States District Court, District of New Hampshire, Concord, NH May - August 1996 Honorable James R. Muirhead dudicial Intern: Researched and drafted Orders and legal memoranda on various matters, including prisoner civil rights complaints, habeas corpus claims, and social security administrative decisions. .~ Observed trials, pre-trial motions, and settlement conferences. [ ' ' - ! AP.q 13 1999 Alfred F. Gal,. ge PROFESSIONAL EXPERIENCE Labat Anderson, Incorporated, Boston, MA November 1993 - August 19c. Technical hformation Specialist.' Managed the Wetlands Research Library for the Environmental Protection Agency, New England Region. Researched wetlands case law between 1988 and 1995. Conducted factual investigations for wetlands permit application reviews. Boston City Council, Boston, MA October 1991 - May 199 bttern: Advised the City Council on environmental issues concerning Boston Harbor. Wrote policy statements regarding the Massachusetts Water Resources Authority' s wastewater outfall tunnel and its possible effects on Massachusetts Bay. · ADDITIONAL EXPERIENCE Office of Public Archaeology, Boston, MA (1989-1991) Archaeologist PUBLICATIONS "The Road From Here: Potential Governmental Review of the Proposed Settlement", Tobacco Control Update-Settlement Supplement, Summer/Fall 1997, pp27-30. "Civil Liability Provisions of Settlement Raise Constitutional Issues", Tobacco Control Update- Settlement Supplement, Summer/Fall 1997, pp.58-60. "Taxpayers May be Asked to Subsidize the Settlement", Tobacco Control Update-Settlement Supplement, Summer/Fall 1997, pp.68-69. SPEAKING ENGAGEMENTS Presented speech at the 1995 New England Environmental Conference on wetlands legislation and property fights bills in the 104th Congress_ References available upon request RECEIVED 3323 Guilford Court ~E~ Naples, FL 34112 February 5, 1999 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail E Naples, FL 34112 This is an application for a position on the Environmental Advisory Council (EAC). I have lived in Collier County part-time 1978-1982 and from 1986 to present full time. From 1986 to September 1998 I was the sole Caregiver for my wife who is a Alzheimer's victim. She is now in the Alzheimer Nursing unit at Lely Palms and at last I have free time to volunteer my se~ices. As may be seen from the enclosed Reader~ Digest of my 50 years of environmental work (my complete resume fills 13 pages) I have had extensive experiences in most of the areas of concern to the new EAC. Although in the past I have been associated with many environmental groups and have been a consultant to many different agencies and businesses I currently have no association with any individuals or groups that may have any vested interests in the decisions or workings of the EAC. As Founder and Director of Florida International University (FIU) Drinking Water Quality Research Center, I was aware of the problems of water quality. My 10 years as a Full Professor in the Department of Civil Engineering, Syracuse University put me in the fore front of wastewater management. As Professor and Director of the Institute for Environmental Studies at Louisiana State University (LSU), Baton Rouge, Louisiana, I became knowledgeable in hazardous and solid waste disposal as well as in ecological planning. As Director of the Charles C. Adams Center for Ecological Study at Western Michigan University (WMU), Kalamazoo, Michigan I became aware of the interactions between the biotlc and abiotic ecosystems. I was an Assistant Professor of Biology and Wildlife Management at WMU. For the past 10 years I have been an ardent computer user and daily surf many scientific, environmental and technological sites on the Internet. I am 74 years old and have no political nor financial association with anyone or any business. I have never been a member of any Collier County Adviso~ Boards. Sincerely yours, Daniel F. Jackson, Ph.D Professor Emeritus Enc. (Resume synopsis) APV~ 13 1999 DR. DANIEL F. JACKSON 3323 GUILFORD COURT NAPLES, FL 34112 E-mail dan~_qulfaccess.net 941-775-0561 Dr. Daniel F. Jackson retired from Louisiana State University (LSU), Institute for Environmental Studies as Director and Professor in June, 1986. Prior to joining LSU, Dr. Jackson was Director and Professor of the Division of Environmental Technology and Urban Systems at Florida International University (FLU), Miami, FL as well as Founder and Director of the University's Drinking Water Quality Research Center (1973-78). At FlU he was responsible for four academic units, Environmental Planning, Water and Waste Management, Urban Systems, and Environmental Health. Dr. Jackson has been associated with Flodda's aquatic ecosystems for 25 years. For 10 years, Dr. Jackson was a Full Professo~' .~,~ "~e Environmental Engineering section of the Dept. of Civil Engin -ig, School of Engineering, Syracuse University (1963-1973). Some other positions held by Dr. Jackson include Hydrologist, U.S. Army Corps Engineers, (1950-53). Director, Charles C. Adams Center of Ecological Studies, Western Michigan University, Kalamazoo, MI, (1955-59), Associate Director, Potomological Institute, University of Louisville, Louisville, KY, (1959-1963) and Environmental Editor, Civil Engineering News 1990-1993. Dr. Jackson has received many awards for his teaching-research- community forte including the 1963 Rotary International award for the "Advancement of Science in the State of Kentucky"; the 1973 "Distinguished Service Award" from Syracuse University; the 1977 "Recognition Award" from FlU, and the 1984 "Leadership Award" from LSU. Dr. Jackson has been involved with numerous undergraduate and graduate courses and research concerning environmental issues. He has been the major professor for 39 M.S. degrees and 21 Ph.D. degrees. His Ph.D. degree is from the State University of New York, College of Environmental Sciences (1957) in limnology. Dr. Jackson has published over 100 scientific papers and reports including 15 books. One of his major studies, "Removing Potential Organic Carcinogens and Precursors from Drinking Water" was published by the U.S. Environmental Protection Agency. This publication was a result of an $890,000 EPA project Dr. Jackson designed and administered at FlU. Dr. Jackson organized and directed two International Conferences on Algae--a NATO sponsored program "Algae and Man"(1962) and a conference supported by NY STATE "Algae, Man and the Environment" (1968). Dr. Jackson was a charter member of the USFWS Manatee Recovery Team. Dr. Jackson has obtained and directed over $6,000,000 in research grants/contracts. Dr. Jackson and his wife, Dr. Bettina B. Jackson, hav~ N . . RECEIVED THOMAS W. SANSB UR Y 840 River Point Drive Unit 840 Naples, Florida 34102 941 41 7 2053 Home 941 403 6800 Office 941 403 6808 Ms. Sue Filson Administrative Assistant Board of County Commissioners Collier County 3301 Tamiami Trail Building F - 3rd Floor Naples, FL 34112 Re: Environmental Ad~:isory Council Dear Ms. Filson, 1 have great interest in serving on the newly formed Collier County Environmental Advisory Council. In accordance with our conversation, I have included a resume of my education and experience and a copy of a letter I sent to the Commissioners regarding the Council. If you required further information regarding this matter, please do not hesitate to contact me. V r U S, Thomas AP~? i3 ~999 January 7, 1999 Honorable Barbara B. Bern.'. Chairman Collier County.' Board of CounS' Commissioners Collier Count).' Courthouse 3301 Tamtaint Trail East Bldg. F, 3'd Hoot Naples. Florida 34112 Re: Env ronmental Advisory Committee Dear Commissioner Berry.: I read with interest the Commission's proposal for restructuring the Collier Counb' Environmental Advisory Committee. I am a native of Florida having spent my first 54 years in Pahn Beach County and my last 18 months as a resident of Collier County. I moved to Naples in July of 1997 to assume tile position of President and General Manager of file Grey Oaks Country Club. While a resident of Palm Beach Count).', I sen'ed as a member of the School Board for 8 years and in 1989 was appointed to the State of Florida. Environmental Regulations Commission by tim Governor. I served as Clmirman of this Commission from 1990 tlLm 1992. The Environmental Regulations Commission is the body that establishes all enviromnental roles and regulations for the Department of Environmental Protection and for the five Water Management Districts. It is the experience on rids commission and my 25 }'ears of working with local. state and federal agencies and environmental organlions on land developmeal mailers fitat has given me a thorough understanding of the regulator).' programs that affect our enviromnent. I am also a member of the Urban Land Institute. American Land Planning Association. Isaac Walton League and the National Audubon Society. I believe fills is a balance of interest that few individuals posses. I have great interest in serving the Count',, as a member of tile Environmental Advisory Committee and request dm Comission's consideration toward an appointment to this committee. I have included a resume of my education and experience for your review. Very.' truly yours. Grey Oaks Development Corporation Thomas W. Sansbury. President and General Manager Enclosure cc: Commissioner Jolm C. Norris, Vice Chairman Commissioner James D. Carter, Ph.D. Commissioner Timothy J. Constantine AGENO T ] Commissioner Pamela S. Mac'Kie No !999 THONIAS W. SANSBUllY 2640 Golden Gate Parkway Naples, Florida 34105 941 403 6800 Oftice 941 403 6808 Fax E Mail - TOMGATOR .'~' aol.com EDUCATION Um,iversitv of Florida Gaines,Alle FL Graduated with Bachelor of Science in Building Construction, College of Architecture - 1968 Florida Atlantic University Boca Raton, EL Graduated in xqth a Master of Business Administration -, Major - Management, Minor - Marketing and Finance - 1972 Wharton School of Business, University of Pennsvh'ania Philadelphia, PA Executive Extension Program in Real Estate Development Management and Real Estate Financing - 1994 San Diego State University San Diego, CA Executive Extension Program in the Application of the Computer to Real Estate Development and Construction - 1996 WORK EXPERIENCE 6-97 to Present BARRON COLLIER PARTNERSHIP GREY OAKS DEVELOPMENT CORPORATION 2640 Golden Gate Parkway Suite 111 Naples, Florida 34104 POSITION President & Ge~eral Manager Grey Oaks Country Club, Grey Oaks Development Corp. and Grey Oaks RealD' Corp., Broker of Record. Reports to Collier Board of Directors RESPONSIBILITIES Manage the operation of the 2000-Acre, 3000 Unit, 54 Hole, 200,000 square foot Commercial, 500,000 square tbot Retail. Grey Oaks luxun.' countD' club communip?' in Naples, Florida. Consultant to the Collier Partnership N APi- i3 1999 pr,..J 8/94 to 8/97 BUENA VISTA HOSPITALITY GROUP & BUENA VISTA GOLF PROPERTIES 101 East Kep_nedy BIrd, Ste. 3925 Tampa, FL 33602 POSITION: Director of Development Reported to Michael Frost, C.E.O. RESPONSIBILITIES: Golf Operations: Operation of the Steele Canyon Golf& Country Club, a 27 hole GaD' Player facility located in San Diego, California. The course will play 68,000 rounds for 1996 and net approximately $1,400,000. includes budget preparation and financial management. Sales & Marketing: The Southern California sales and marketing Operation of a 100 lot custom home communitS.', a 60 lot semi custom home commtmity and a 50 lot hillside home communir,,. Prices range from $300,000 to $1,000,000 plus. Sales and marketing budget for 1996 of $1,100.000. Land Planning & Governmental Approvals: Manage the processing of individual plats an site plans through the many layers of San Diego Count3.' government. Land Development: The development of an 18 hole Jack Nicklaus signature golf course in Rock'2,.' Gap, Maryland and a 18 hole Arthur t-Iills golf course for the LPGA in Da;-tona Beach, Florida and the 18 Hole Robert Trent Jones course at the Elkhorn Resort, Sun Valley, Idaho. Construction: The construction of a 250 room lodge, club and related commercial facilities in Rock'}.' Gap, Maryland, a 200 room hotel and club in Daytona Beach, Florida and the renovation of a 100 room historic hotel and construction of a 200,000 square foot mixed use residential/retail development in Lakeland, Florida. Home Owners Association: Established the Steele Canyon Golf Estates Home Owners Association and Architectural Committee. 6/92 to 8/94 OCEAN CLUB JUPITER, LTD. & OCEAN CLUB REALTY, INC. 2000 South A IA, Jupiter, FL POSITION: President and Broker Reported to European Investors RESPONSIBILITIES: Land Planning & Governmental Approvals: Supervised the site plan preparation and managed the Planned Unit Development approval process. Financing: Negotiated the $10,000,000 construction loan and administered its repa)Tnent. Construction: Managed the construction of a 6 story, 48 unit, luxury oceanfront condominium and a 50,000 square foot retail facility.. Project was delivered on time and in budget. Sales & Marketing: Managed the sales and marketing operation and acted as the real estate broker of record for the fastest selling condominiums in Palm Beach County in 1994 with over $15,000,000 in sales. Project sold out within six months of issuance of Certificate of Occupancy. Home Owners Association: AGENDA IT" Established and served as president of the homeowners association until it was turned over to res ]entsNo · ~ 13 I999 2 2/89 to 6/92 IBIS GOLF AND COUNTRY CLUB 8851 Ibis Boulevard West Palm Beach, FL 33412 POSITION: President Ibis Development Company Reported to E. Llx~3'd Ecclestone, Jr., C.EO. RESPONSIBILITIE S: Propert2,'' Acquisition: Managed the purchase of 1,800 acre tract and performed the required due diligence work Land Planning & Governmental Approvals: Supervised the planning and governmental approval process of the 2,500-unit communit).', which contains three Nicklaus golf courses, and 500,000 square feet of commercial. The process included Planned Unit Development approval and annexation into the City of West Palm Beach. Land Development: Managed the development of the first phase of the infrastructure, which included 1,100 lots, 3 Nicklaus golf courses, a sales and information center and a 15-acre club site. Construction: Managed the construction of a 40,000 square foot club and 12,000 square tbot golf maintenance facility. Sales & Marketing: Set up and managed a 100 lot custom home program with prices ranging from $500,000 to S 1.000.000 9/83 to 2/89 BREAKERS WEST DEVELOPMENT CORPORATION 9406 Okeechobee Blvd. West Palm Beach, FL 33411 POSITION: President, General Manager & Broker Reported to Stayton Addison, CE.O RESPONSIBILITIES: Land Planning & Governmental Approvals: Supervised the preparation of the land plan for the 750 unit Breaker's West community xvith Edxvard Durell Stone Jr. land planners and managed the governmental approval process through Palm Beach Count'. Sales & Marketing: Managed the sales and marketing operation and acted as broker of record tbr residential units ranging /i-ore $250,000 attached townhomes to $1,000,000 plus custom homes. Sales stall' consisted of six associates and had a volume of $12,000,000 in 1988. Construction: Managed the construction of an 18 hole Joe Lee golf course, custom homes priced l?om $300.000 to over $1,000,000 and a 35,000 square foot country club. Home Chvners Association: Established and managed the umbrella homeowners association and the indix,idual community home owners associations. 9/97 to 9/83 FIRST SOUTHERN HOLDINGS. INC. P.O. Box 2850 Stuart, FL POSITION: Vice President, Planning & Development Reported to Peter D. Cummins, RESPONSIBILITIES: Land Planning & Governmental Approvals: Superv sed the preparation of the site plan for the 2,400 acre, 5 ~000 unit Martin Downs development which contained three golf courses, fifteen tennis courts, a hotel, a 400,000 square tbot shopping center, 100,000 square foot office park and a 40,000 square foot club. The project required Development of Regional Impact and Florida Public Ser,,4ce Commission approvals, Land Development: Managed the installing of the infrastructure for the first 2,000 units and the construction of two 18 hole golf courses designed bv Chuck Ankrom. Construction: Managed the construction of residential units for attached townhouses to custom homes, a 400,000 square loot shopping center, 400,000 square foot club, a 200 s' rina and a 3,000,000 gallon per day mility plant. Sales & Marketing: Managed the sales and marketing operation for the Crane Creek and West Villages comrnunities~ Golf Operations: Managed the operation of the 36-hole golf facilit).' and related club functions including food and beverage. Home O~vners Association: Established and managed the umbrella homeowners association and the individual community home owners associations. 1/75 to 9/79 PGA NATIONAL VENTURE, INC. 1675 Palm Beach Lakes Blvd West Palm Beach, FL POSITION: Vice President, Land Development Reported to E. Llxx)'d Eeclestone Jr., C.E.O. RESPONSIBILITIES: Land Acquisition: W'orked ~vith the president in identitS.'ing sites in Palm Beach County, perlbrrned the due diligence on the site selected and managed the closing processor the 2400 acre site. Financing: Presented the project to several financing sources and negotiated the $20,000,000 loan with Manufacturers Hanover Trust. Land Planning & Governmental Approvals: Supervised the preparation of the land plan for the 2,400 acre, 6,000 unit PGA National communi~' which contained four golf courses. a 350 room hotel, 25,000 square foot club, 20,000 square loot head quarters building tOr the PGA of America, 200,000 square foot Office Park and 500,000 square toot retail center. Managed the government approval process, which included a Development of Regional Impact and annexation into the City' of Palm Gardens. Land Development: Managed the installation of the infrastructure for the first 3,000 units and the construction~ ~x mur~ND TF courses one designed each by Tom Fazio, George Fazio, Arnold Palmer, and Jack Ni< Construction: the ,,onstructio. of a 350- oom hotel a.d a 30,000 square root cl ,.t-,. APR 13 1999 4 PROFESSIONAL LICENSES Unlimited General Contractor, State of Florida Real Estate Broker, State of Florida Community Association Manager, State of Florida APPOINTED/ELECTED POSITIONS Chairman of the Environmental Regulation Commission, State of Florida, appointed by the Goverm~r Chairman of the Palm Beach County School Board. Elected at large in Palm Beach County Founding Member and Chairman of the Palm Beach Count)r Artificial Reef Committee, appointed by the Palm Beach Count), Commission Member and Chairman of the Palm Beach CountS.' Fire Rescue AdxSsorv Committee, appointed by the Palm Beach CounW Commission PROFESSIONAL. FRATERNAL & CIVIC ORGANIZATIONS *- Associated General Contractors National Association of Home Builders Urban Land Institute American Land Development Association Palm Beach CounD' Area Planning Board National Audubon Sotlevy Isaac W'alton League Honda Wildlife Federation Unix'ersiD,' of Florida Alumni Association Alpha Tan Omega Fraternity Member United States Golf Association Member National Golf Foundation Building Industn' Association of Southern CaliIbmia Collier Building Industry Association Naples Area Board of Realtors HONORS Outstanding Young Men in America 1977, Environmentall.,,' Conscientious Developer, 1980 bv Isaac Walton League Palm Beach Count)' HomeBuilders, Outstanding Country Club CommunitT,.', 1990, W'ho's Vv'ho in Executives and Protbssionals 1998. PUBLICATIONS The Approval Process, RecreatiOn and Resort Development Experience: PGA National - Urban Land Insutute, 1993 The Country Club Community Development Experience, Martin Downs: American Land Development Association, 1988. ADDITIONAL SKlLLS Full working 'knowledge of Windows 95 including Excel, CPM Scheduler, Auto Cad and various other computer applications. ~07~ N APR i3 1999 5 ._Pg "7~ REFERENCES Mr. Jacob M. Varn, Esq. Former Secretary Department of Environmental Regulations State of Florida Partner Fowler White, P.A. 215 S. Monroe St. Tallahassee, FL 32301 Phone: (850) 222-2300 Mr. Jack Nicklaus Chairman Golden Bear Enterprises Golden Bear Plaza 11780 U.S. Highway ~1 North Palm Beach, FL 33408 Phone: (561) 626-3900 Honorable Bruce W. Jacobus Judge of the Circuit Court Brevard County Brevard County Court House Melbourne Annex Melbourne, Florida 407 952 4691 Mr. Scott Price, Esq. Partner Kelly, Price, Passidomo, Sicket and Scalese, P.A. 2640 Golden Gate Parkway Naples, FL 34105 941 261 3453 Ms. Judy Collier Sproul Chairman Grey Oaks Development Corp. 2600 GoldenGate Parkway Naples, FL 34104 94 1 262 2600 MEMORANDUM DATE: March 2. 1999 TO: Pamela S. Mac'Kie. Chairwoman Commissioner, District FROM: James D. Garter. Ph.D. Commissioner. District 2 RE: Official Language of Government - Memorandun~ dated January 20. 1999 from Thomas Brachko of California who is requesting thai Collier County pass a resolution that supports English as the official language of government. I have no problem with this. Is this something that we need to JDC:tlm cc: Media File ,"' No. / _ APR 131~99 P~-- 16732 Cedarwood Circle cerritos, calif. ~5;~q January 20, 1999 Ccilier Count'y 5oard of Commissioners 3301 7=~.iami Trail East ~carG 0f C0u~t} Cc~ Naples, F!crida 33962-49C2 . ........... and su~_u ...... ra~her than institu:icna!ize :he differences that divide. ;l English reso!u:ion does zha~ by reaffirming the role of English as c. ne cf our nation's greaZesz unifying Drincip!es. Protoo:~-~ Enc!!sh opens ~ lines of ccr_munication and h=n~s to fcszer demccrazv. This ~revents t a slabion ccsts, yet does . r n m n ~ cf access ~o e._ . u.a_ services of hea!~~ .care, crime ~rzlezzicn, and emergency needs ~or everyone. Official Ensic..h is no~ meant te marginaiize i;ai~rants from saciet'.: ~ ..... = ...... a,~= c. ur oevermment -o h=n~ them En~!ish. !rs.i~ranzs came zs our country knowing ;_mericans s~eak · --~ ~=='<-~ ~.ev mu~t want to learn English to ~uc~d Ena!isn, =.~_ . Wizhout one cfflzia! lanTuage, we may end up with the divisive ~=c~n~n =e~arazicn a~ in Canada and Yusc=!avia A survev ~v Ll'zz =====r-~. CornEahies a=ked .~merican=, "Do vc think Enc!ish should be the Official Language of the US?" ~_n overwhe!minc r~a=ori~y, 86~- . _ _ _ o cf resmondenis said ye=, and 81% cf firsi cenerazicn irz~igrants also agreed· While it is czmzassionate to offer services in other languages, there are over 100 different languages s}oken in the U.S. How can goverr_ments afford to provide special treatment to all these speakers? Your supporE will encourage the federal government to do likewise. Enclosed is a sample resolution for your guidance and list of agencies in support. If you adopt a resolution, please send me a copy and any related newspaper articles. Thomas Brachkc 131S99 Pg. U.S. GOVERNMENTS SUPPORTING ENGLISH OFFICIal, LANGUAGE OF GOVENMENT As of January 1, 1999 List prepared by Thomas Brachko Cerritos, California 25 STATES WITE ENGLISE LAWS A~ =b~m= n~ ~=ka ~ ~ona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, indiana, Tn ~ ~nois, Kenlucky, Louisiana, Hississippi, Missouri, HonEaria, Nebraska, New Hamsshire, Norlh Carolina, Ncrih Dakoia, SouEh Carolina, SouLh ' Virc~ ~{ a, Wyoming Dakcia, Tennessee, _. .... . ~. 92 CO~T!ES SUPPORTING ENGLISh. AZ: Hohave. CA: G~ enn, m.ake Merced, can =~anc~ =co, S~ =kiyou, ~ehama, T~{R~Ey, Tuo!omne. GA: Ssa!ding. iS: Adams, Kootenai. iL: ~{cn. iA: Clayton, ida, Lyon, Mcnona, Shelby. ~1~: Elk, Osborne, Thomas. Mi: Waldo. ~L~: Norfolk. Mi: Char!evcix, Cheboggan, Clare, Em~.eE, Grand Traverse, iron, Lapset, Hartisles, Hissaukee, Saginaw, St. C!air. MN: ~ic Sicrio, Lake, Lincoln, Hower. MT: Treasure. NEt Dixs~n, GranE. NJ: Sussex. NY: Allegheny, CatEauraugus, Cayuga, Chauiauqua, =~{=, n=~=====, m~vznc=ton, ~on~oe, ~ acara Onia~io, Or!==~= cchuv!e~ c=~=ca, cLeube~' Wa~.~= v."'~m= ~ Ya:== OH' ChamDa!cF., DaI~.=, __~, r awrence D.~ ke Sen=~a, m'~=~--awa= OK' F,o~=r Y~ ~ ~ = OR' Curry, Gi~ ~ ~ am, ,~ .... ~ ........ , --- Whee!er. PAt Fayerie, juniata, Pike, Somerset. SD: Bennett. TX: Coke, Concho, Gray, Liberty, San Aucustine. UT: SanDere. WA: K!icki:at. WV: Berkeley. W!: Crawford, Harine:ee, Ocon:o, Sheboygan, Winnebago. 35 CITIES SUPPORTING ENGLISh. CA: Alameda, Cloverdale, Cypress, Dublin, Fillmore, Lake Forest, Live Oak, San Francisco, Saratoga, Vernon. FL: Crestview, Lake Park. iL: Crestwood, Evergreen Park, Harrisburg, Norridge, Spring Valley, Stickhey, Worth. HA: Holyoke, Lowell. H!: Boyne City, Oak Park, Tecumseh, Walled Lake. NE: South :Sioux City. NJ: Keni!worth. MY: Canandaigua. OH: Blue Ash, Brook Park, Findlay, Northwood, Wil!owick. PAt Allentown. T2: The Colony. No. 1/1/99 LOGLST RESOLUTION COUNTY OF , LANGUAGE OF GOVE~T WHERL:.S, we celebrate :he ccn:ribution of all :e.sz!e in the United States, inc!~.:dinc their languages; and WHERL':.S, in the course of our kis:ory, the E.-.~lisk lan.~uage has '~=cc..-.e t.he comncn bond ~hat h== .... ,-~- more than two centuries enabie~ ~-= citizens of the United States to cormsun!Gate with one another, =,~rminc a nation, regardless of national background; and WHER-'_~S Enc!~ =h ~ the most cors. on !ancuace s:oken in tB= Un~=s c-=.~=c ~ -. ~ ccc; ~.he use c~ coverr_ment dCC~aT~er. ZS and services in several !ancuaces E'rC~D~=c c=-a~=~n,n res _ - .,,~ ...... among ider. zs and ~ ~= '=' ' en use axpaye__ ' _~,~r~zcL ~ cft ~= money; and WHEREAS, as c.- danuary 1, !9r.~, 92 counties, !5 cities, and sEa:es endorse English as their official cr ccr_r. on !anc~-'.a.se cf ccverr_-.~ent; and WHEF. L:.S, aiczEinc an o.==~=~ counz~' ]a.~=.~= ~ a uni~vinc as:ion, ~"' !cca~!v and ~=.~.=~!v ~=~DCT.~Zi.~C ~' .... ~ ......... , ........ courage c f cur azcesEzrs who learned Enc!ish and i:micranEs who ccnZinue ts learn r-~=~ and maint=~= -~ ~chn c= individuals ~o dove!on their ~ ..... and ................................ u..e cf Ccrni==~oners of Cc. un:'.', , kereby adczE EnGlish as its c==~' =' lancuaze. ,"==~.-'=~ acts anc rescrds wi!f te c::duo:ed and mrin:el in EnGlish wki!e county emn!cvees will no: be ~rsvided hi!in~u~l say. We suEtorE ~.=~= reculrer. enz ~=_ = c-=~= f~ ~ - ~ ~ ..... a.~miszlcn as a ~ ..... = ==~= sh EngB ~ =h as zhe~ ~ one cf la2. cuase c f coverrl. ent. zr ~ FjF. THER F. ESOL:~D, that the County Clerk ~= B=~=~v d= '=~=~ ~ c co~ ion ~=scciaticn c= send .cotdes cf ~__ re_ _ut to the , Governor , U. S. P. elresentazive Speaker oF the House U. c Senator= and , Senate Ma]orztv Leader Lo::, Vice Presznent Gore, ProsiCon: Clinton, former Presidents Ford, CarEer, Reagan, and Bush, and former Vice Presidents Mcnda!e and Quayie. PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1999. · ~ Chair, 5cars of Co~2~issioners ,_--, Couniy, N~ Count'; ClerX !/t/99 RESCA APR 13 1999 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY OBJECTIVE: To appoint two members to serve four year terms expiring on April 13, 2003 on the Collier County Industrial Development Authority. CONSIDERATIONS: The Collier County Industrial Development Authority is a 5 member board created pursuant to State Statues with the power to issue Industrial Development Bonds to qualifying projects. The Authority meets several times a year at irregular intervals. Members must be residents of Collier County and qualified electors and are required to file a form 1 Statement of financial Interest each year with the Supervisor of Elections. Terms for are 4 years. There are currently two vacancies on the Authority. The two appointments are for full four year terms, created by the expiration of terms for J. R. Humphrey and Barbara Minch Rosenberg.- A list of the current membership is included in the backup. A press release was issued and resumes were received from the following three interested citizens: APPLICANT John R. Humphrey - requesting re-appointment Barbara Minch Rosenberg - requesting re-appointment Michael J. Dougherty AUTHORITY RECOMMENDATION: John R. Humphrey - re-appointment Barbara Minch Rosenberg - re-appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint two members to serve four year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 13, 1999 AGENDA ITEM APR 13 1999 03/31/99 WED 19:38 FAX 9415981161 DONALD A PICKWORTH PA ~ 003 MEMORANDUM Date: March 31, 1999 To: Sue Filson, Administrative Assistant Board of County Commissioners Re: Industrial Development Authority-Appointments You have received three resumes for thc two appointments. The Industrial Development Authority discussed the expiration of the terms of Mr. HLunphrey and Ms. Kosenberg, and ,,nanimously voted to recormnend their re-appoinUnent. .'Mr. Humphrey is the Chairman of the Industrial Developw.. ,:~; :_ahority and Ms. Koscnbcrg is thc Vice-chair. / ,PR 13 1999 Industrial Development Authority Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Tertn Alice J. Carlson 05/26/98 05/26/02 4 Years 2730 Leeward lane 435-3988 Naples, FL 34103 District: Category: J. R. Humphrey 643-2010 3963 Enterprise Avenue 11/7/95 02/28/99 4 Years Naples, FL 34104 District: Category: Barbara Minch Rosenberg 592-6199 2436 Orchid Bay Drive, #103 11/7/95 02/28/99 4 Years Naples, FL 34109 District: Category: John Agnelli 343-5888 2900 South Horseshoe Drive 6/10/97 02/28./00 4 Years Naples, FL 34103 District: Category: Ross P. Obley 263-6921 05/26/98 02/28'01 802 Slashpine Court 3 Years Naples. FL 34108 District: Category: Established on February 27, 1979, by Resolution No. 79-34 pursuant to FL STAT 159, Part III. This authority is composed of 5 members who serve staggered, 4-year terms, This authority has the power to sell industrial revenue bonds. Money generated from the bonds would be used to construct industrial plants, equipment and other facilities which would be leased or sold to private industry. Susan Pareigis, Executive Secretary Economic Development Council 3200 Bailey Lane, Suite 162 Naples, FL 34105 263-8989 FAX: 263-6021 FL STAT: 159, Part II1 Staff.' Don Pickworth, Attorney: 263-8060 Tuesday, March 30, 1999 Page ! of I A?R 13 1999 MEMORANDUM DATE: February 22, 1999 TO: Donald A. Pickworth 5811 Pelican Bay Blvd., Suite 210 Naples,, FL 34108 ~, i E: Industrial Development AuthoriW As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John R. Humphrey 2261 Trout Court Naples, FL 34102 Barbara Minch Rosenberg 11755 Quail Village Way Naples, FL 34119 Michael J. Dougherty 2761 Citrus Lake Drive, H204 Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments APR !3 iB99 3963 Enterprise Avenue - Naples, FL U.S.A. ,34104 800 -237-6496 - 941-643-2020 - Fax 941-643-2708 Tr, . Ms Sue Filson ' ' Fr~m~ J.R. HUMPHREY Fag .774:-3602 Pag:~: 2 Pboe~ DMe~ February 18, 1999 Rr. I~ustrial Development Authority CC: - Dear Sue. Please submit my resume as an apl~icatlon for m-appointment to the Collier County I~uslrial Development A~odty. My t.ee'n on this ~ard is currenthi-expinng. Thank you. z- ~-I~ 3:lSPf,~ FROM INT'L_PKG_MACH. 941+643+2708 P. 2 :Bto~-aphical john R, ['-'jack") Humphrey Born: Indianapolis, {ndiana 2261 Trout Court Naples. FL!I$II~ 3.4 I,O~ 1-775-0204' President & CEO lnternatjon.al Pack~.mg ,Machines, Inc. {IPM) _3963 Enterpnse-Av,enue, Naples. FL. 33942 813-.643-2020 Past Chairman -Economic DevelOpment Council of Collier Cty. Past Chairman Private Industry Council (4 counties). &Director Organized 'and first chairman of PIC which directs the 'JTPA program providing onethe-job and classroom train- .trig for economically disadvantaged and displaced workers. Past Director & VP 'Naples Area Chamber of Commerce, ~ Chairman 'Industrial Development Authon.ty. Laureate Junior Achievement Hall of Fame. Member National Advi. sory Council. NFIB. Director Sun:Bank/Naples, Tn~stee - World Trade Center, Tampa Bay. Trustee International College of Naples. Has served on committees and' task forces appointed by the Collier Count./Board of Commis- sioners, Humphrey has over40 years experience as an engineer, consultant and manufacturer in the fields of packaglngr.pnntlng, paper handling and converting and automated adhesive and plas- tic processes. He holds a number of patc~nts in these .fields as w. ell as in jLt engine blade manufacturing and co/~trollmg viscosimeters. Heattended Purdue University and is the author of articles and papers relating to various phases of automation technology. He ~s president and founder of IPM, a 30~year-91d finn which 'manufacturers packaging machinery and which moved to Naples in 1976 from Mentor, OhiO. 13 999 Feb.~6 ~99 ~0:~9 0000 KONICO FOX 1~0 P. i February ] 6, 1999 To: Board of County Commissioners Aim: Sue F/lson From: Barbara Minch Rosenberg Re: Resume for Industrial Development Authority Attached please find a resume for the above Authority of which I am currently a member. APh~ i3 1999 i:' g . 7 Barbara Minch Rosenberg 11755QuailVillagc Way Naplcs,FL 34 ! 19 592-6199 OBJECTIVE To join a successful and goal-oriented prol~ssional organization where I can contribute my skills and abilities to enhance productiviW and to expand my knowledge and grow with the company. PROFESSIONAL EXPERt ENCE 1999-presenL.. Broker-salesman at John R. Wood, Select One 1996-1998 Broker-salesman at Colusa Bay 1994-1996 Broker-salesman at The Crescent at Pelican Bay 1982--1994 President and General Manager of Operations for Hilton Grand Vacations Company, new management company for the e'Imrter Club. Alfred MeAipine Resorts sold the management company in/ I began my time share career with Alfred MeAlpine Resorts, a subsidiary of A/fred MeAlpine, Inc., as a salesperson and liaison to the real estate commumty 1984 - Promoted to Sales Manager 1985 - Promoted to Vice President & General Manager 1986 - Appointed I'residcnt and General Manager President and General Manager for developer, Alfred MeAlpine Resorts, Inc. President lbr the management company. M.E. Management Broker -- Charter Club Project Management Inc. Time Share hies and Rentals. Branch Office General Real Estate I was responsible for the total operation of the resort, including but not limited to: · supervising all pcrsomml tbr resorts and the condominium association, · budget preparation and implementation, (.approxilltately 30 employ~s and 15 sales people) · supervising all sales and rental activities · setting rates and prices · coordinating advertising schc, dules and promotions · bidding, conh'acts, design and implementation and ct~rdinating with un interior designer for the refurbishing of the 80 units In addition to my responsibility to the condominium association, t coordinated the administrative functions frBr the developer including: · managing a multi-million dollar mortgage ~..rtfolio · accounts receivable - · liaison with our attorney on t~rcciosurcs, liens, and collection F AF~i,.' 13 1999 .._~,__-~ I 'd DEI X~d,d ~E)INO)~ 0000 I~,:OI GG, 9I 'qaj P. 2 ~eb.18 ;5~ 10:4i 0000 KONICA FAX 120 I coordinated sales of mortgages with an outside financial institution and negotiated tetras ~nd rates lbr the developer, resulting in a continuing increase in cash flow, . Through eft~cti,ve management we substantially increased our reserves without special assessments and operated under budget in out general fund for the last three years. The "team concept" and Irantis-on management was hnplemented, resulting in loyal, long term employees. D~eloped positive and rewarding relationships with the public and private sector by being involved in community affairs. 1970-1982 Involved in various aspects of the real estate industry in Miami and Marco Island, Florida, ic: Project Sales, 50% stockholder i. two Century 21 Franchises, end a million dollar producer. PROFESSIONAL AFFILIATIONS AND LICENSES Marco Island Area Chamber of Commerce 195t5- ! 994 President Marco Island .Area Chamber of Commerce 1989-1990 Y.M.C.A. Board Mealher and Benefactor 1986-1991 Who's Who in U.S. Executives 1990 Collier Coumy Industrial Development Authority (vice chair) 1992-Present Rotary 1991 -Present Director Marco Association of Realtors 1992-1993 Florida R.E. License 1970~Present Florida Brokers License 1986 Present Commissioner Marco Island Fire Distrim 1991 1992 Womens Council of Realtors 1972-1994 Building Managers Institute 1990-1994 Leadership Co!lie~' Graduate 1989-Present EDUCATION Graduated Erasmus llall High School, Academic Studies Atmnded Miarni Dade Community College Consistently participate in continuing education courses to maintain the highest level of awareness and professionalism. References Upon Request " AGE~i3A ! ' ~M AP.~' iS i99S MICHAEL ,l. DOUGHERTY 2761 Citrus Lake Drive H204 Naples, Florida 34109 (941) 592-0369 Michael J. Dougherty, Senior Vice President of the Philadelphia Industrial Development Corporation, has been with the City's Development Agency for over 21 years. Most of his career has been in Marketing and Sales. He began with PIDC in 1960 as its sole sales representative; and, in 1962 he was named Director of Client Relations. In addition to his PIDC duties, in 1968, he was named Administrator of the $100 million Food Distribution Center. His responsibilities consisted of administering all phases of the 385-acre industrial park, such as sales, leases, maintenance, budget, cash investment, mortgage services, etc. In 1972 Mr. Dougherty was named Vice President-Administration of PIDC; and in 1979 he was named Senior Vice President of PIDC. He was responsible for locating many firms in the Philadelphia Industrial Park, State Road Industrial District and the Penrose III Industrial District (near the International Airport). Over the years Mr. Dougherty participated as an instructor in the National Association of Industrial Park's basic courses, as well as the basic industrial development courses at Rochester, New York's Institute of Technology. He has been a guest lecturer at the Wharton School and Temple University's real estate course. He has served as President of the Pennsylvania Economic Development Council, President of the Regional Chapter of National Industrial Development Association, Director of the Pennsylvania Utility, Railroad and Area Developers Association and a Member of the American Industrial Development Council. He also served as the Director of Goodwill Industries, Inc. and Director of LaSalle College President's Development Council. After retiring from PIDC, Mr. Dougherty was contracted by the City of Vineland and Millville, NJ to administer their joint city enterprise zone. Under his direction, the zone became one of the most successful in the State of New Jersey. Upon full retirement in 1993, Mr. Dougherty has lived in Collier County. PIDC administers special loan and grant PIDC accomplishes its financing programs programs to assist local businesses: the through its four affiliate organizations: PIDC-FC Inner-City Development Program. the PIDC ptu'ticipates in the l,~an City-Wide Land Development Program, progrant qfthe Penn.~yh'ania the Mortgage Loan Program and the lnduMrial Developfront ,4till. It- American Street Corridor Development ity ePIDA), through the PIDC- Loan Program. Financing Corporation Special Grant Programs Inner-City Developtheft Pro.k, rtltH These grants assist businesses in acquiring land and in the rehabilitation of existing buildings for projects that ~vill result in the retention of existing and the creation of ne~v employment opportunities for Io~ and mod- ~ 1)C . - erate income residents of the City. This pro- ~ i't::t -.., , gram is designed to generate employment ~ ' ,,~&~C'v PIDC provides opportunities by assistimz industrial and energy ' ' '~i~i~".~7':~;' tnana~.,ement commercial firms in certain eligible areas of : ~~ counseling to small Philadelphia. . '..s'L: businesses and ~nttnCial Citf=ZBidc Lttntl Dcvch~pmt'nt Prok, r.m ~ .N:~ assistanceJbr the ' togram is designed to assist industrial pment in Philadelphia by reducing the PIDC-LDC 7~ implementation sa,~ price of certain publicly-o~ ned indus- PII)C participatc.~ in the hum e,'. of enerey trial ground to as Iov. as 10% of market prt~.k, rtuns Of'the Ec<momic De- / consetn'ation value. The program provides funds v.'hich velopmcnt Administration . itnprorements can be used to reduce the cost of industrial t EDA ~and the Small Busint'ss throuk, h the PIDC- land for development projects that comply .4d,nini.~,'ration tSBA~ Ihrott.~.,h Ener.~,y with certain minimum developmen~ and thc PIDC-Local Development Development employment densities. (','rForttt[tnl Corporation Special Loan Programs ."~hH'tf,'tlttC LotIn PI't~.k'FtIIH This program enhances the financing of in- dustrial projects v;ithin Philadelphia by pro- riding an additional funding source at a rate of 4% as a long-term. second mortgage in- strument. The second mortgage portion of a transaction is limited to 20~ of the project cost. The principals are required to provide a minimum of 10% of the project costs. These funds may be used for the acquisition of real estate or capital improvements to property resulting in additional employment opportunities. Amcrie'tHt Street Corrid, n' Devch~pmcnt LtIall PI'fl,k~I'tIIH ~ The program is designed to assist firms in the designated American Street Corridor Board members of the Philadelphia Authorit3' area. generally bounded by Front Street. AGENDA ITEM f~r Industrial Development (PAID) review ,---Stree,. r,e Aven.e and Pop,ar S,reet. NO. ~ ain funds for long-term capital im- tp be financcd throttgh the tax-exempt mort- ~{age lottn program. F .:ments. The program can provide up to 60c~ of the project cost at below,, market in- terest rates and will assist firms having lim- ited access to financial markets. -"'. EDITORIALS ,;' .- .":!.':, . / ".. - . "::"' rpri '.:.: ~':,,. ', ".' tor pmis ' :'; It was a disappointment to :. ' ~ ~ 5en'ing JAMES W. HOPSON. Publis~r read in The Press and other lo- :' "~ · ca] newspape~ of the resigna- Southern Ne., Jersey " PAULMERKOSKI, Editor tion of Michael Doughe~ as ': ": :' "' since 1895 MARY JANE BRIANT, Managing Editor : STEPHEN M. WARREN, Depu~Ma~gingEditor the director of the Vineland- , Millville Urban Enterprise Zone ' CAR~ LINZ. Editonal Page Editor Corp, ~ '; ,. ' JIM PERSKIE, A~iate Editonal Page Editor Under Michael Dbughe~y's : ,' ~-.' - CHARLESA. BRYANT JR., Director of Fina~ tenure as director, the '~.:-.,:.,:,: -," VITO CICERO, Di~torofCimu~tion Vine]and-Millville UEZ has be- ' ...... KENN~H J. CINDER. Dir~tor of O~e~ons ROBERT E. MAWHINNEY, Dir. of Sale~Ma~ebhg come one of the most successful ~: ~' ' - ~THLEEN LEONARD, Pe~nel Manager jR the s~te of New Jersey. ':.. ~ .:: ::-, .,. ~though the UEZ program was never clearly understood by ~ ,z " many within the communities it OCEAN WATER QUAL!W it ce~inly has been a E- "- boon to Vineland and Millville, h ..." A clear provement ' ,o,, ,_ several millions of dolla~ of [-':: ., UEZ funds have been used to . ::::.' "- improve roads, sewerage, water, [" .'~'.:..~ .-" Visitors taking a dip off the New Jersey shore fire and police equipment, am- ~...L~, these days are seeing things they've never seen before bu]ance seaices, and to remove ~ ~ .... urban blighL ~-::..:'," in the water. Low-interest-rate economic ~ .... Like their feet. development loans have been Like exotic fish and other marine life, ,~ made available in both commu ~" These sighrings (mostly of the fish) are actually nities, thereby encouraging ~ ...... causing some alarm, Monmouth County health cootall- growth, ~ .: ,,-' nator Lester Jargows~ has fielded calls from swim- There is a long list of people , :'. mers surprised or scared at seeing such creatures, g- who have taken credit for the success of the Vineland-Mi]- :'-.. ,er all, a striped bass can weigh as much as 50 pounds, lville UEZ, and tops on the list '-: ..... Except for people who have a phobia of fish not of of those who should really re ~ ' ':~:' · , he grilled-with-lemon-buttervariety, this is good news, ceive the credit is Michae' ,~ :: .",:: It means the cloudy, murky ocean water has ~ Doughe~y, · leared up, This is one executive directo~ ~' ':'(' ~'' "' L~-: 2 "' "In the past, we never. had to worry about people ~ who aggressively encouraged ' eeing striped bass or squid because they couldn't see ~ new membership in the pro-; -: ' gram and worked hard each 7.' .... '.. here than six inches in the water," Jargows~ said, year rece~ifying members al- The ocean water hasn't been this clean and clear ready in the program. i~':.-"~: · n ages, You hear it from tourists, You hear it from De- In some cases a few membe~ ~' ~.:'- '~:..-' ~a~ment of Environmental Protection and Ener~ of~- had hardships meeting rece~ifi- fials who monitor the water from the air, ~ cation. But through appeals to And you bet your bass you'll hear it from politi- the New Jersey s~te UEZ ~.. '~Y,'f...':~. "'- board, Michael was able to oh- ~...,,..: .: fians who would take credit for the tides if they could ~in extensions of time for re- Set away with it, There is ce~ainly legitimacy to claims ce~i~cation. :hat state officials moved a~ressively to clean up the The Vine]and-MillviHe UEZ that spewed untreated waste into the sea when sum- [ ample how UEZ distric~ can · work and be successful. Unfor- ~". '.~er usage exceeded capacity i tunately, as with manv thing~ in ~rder to callously dispose of hypodermic needles t at! ~h ."'. ~ere washing ashore. worked until it ' gone. ' .... They banned sewage dumping off the New Jersey Michael, you will be missed b State prisoners pick trash 6ff the beaches, and U.S. with you. The bill ~rmy Corps of Engineers vessels skim "rioambles" ~ · ' ' ' 7rom the water These are unquestionably good moves that made ment in i~elr. ..~ ~.7.'.:.:=.. '. the water cleaner. And we don't mean to stir up the HARRY CUR~ muck. But to be fair, Mother Nature deserves some Vineland "/' ~ditor's note: Ha~ Curley ~ credit for the water's clarity. ...... ~ho r~o, ~ ..... · ~tv~.o,~,~ ~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO ~ HEALTH FACmlTIES AUTHORITY ! OBJECTIVE: To appoint two members to serve four year terms, expiring on April 13, 2003, on the Health Facilities Authority. CONSIDERATIONS: The Health Facilities Authority is a 5 member authority created by County Ordinance in 1979 pursuant to Chapter 154, Part III, Florida Statutes as a governmental bode authorized to issue bonds to finance qualifying health care projects. Members of the Authority must file Form 1 Financial Disclosure statements as required by law. Terms are for four years. A list of the current membership is included in the backup. There are currently two vacancies due to term resignations of Pamela M. Cox and Richard L. Klaas: A press release was issued and resumes were received from the following two interested citizens: APPLICANT Pamela M. Cox - requesting re-appointment Edward J. Oates, Jr. COMMITTEE RECOMMENDATION: Pamela M. Cox - re-appointment Edward J. Oates, Jr. - new appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint two members to serve four year terms and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 13, 1999 AGENDA ITEM "" NO .~- .. APR 13 1999 03/31/99 WED 19:38 FAX 9415981161 DONALD A PICi~'WORTH PA ~004 MEMORANDUM Date: March 31, 1999 To: Sue Filson, Administrative Assistant Board of County Commissioners Re: Health Facilities Auth ority-Appomtments You have received two resumes for the two appoh~tments. Ms Cox is a current member of the Autlm~ty and desires to be re-appointed. Mr. Oates has been a member of the Authority in the past and desires to be appointed. Mr. Klaas, whose temx has expired, does not wish to be re- appointed. I recommend the appointment of both of these individuals. APR 13 1999 Health Facilities Authority Work Phone Appt 'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2rid Term Robert V. Peacock 263-7721 06/16/98 06/15/02 4 Years 2149 Pinewoods Circle 261-4767 Naples, FL 34105 District: 2 Category: Pamela M. Cox 261-2554 09,/27/94 09/19/98 4 Years 3024 Round Table Court 774-1449 Naples. FL 34112 District: CategoO': Charles Konigsberg 774-8210 06/16/98 06/15/02 3301 E. Tamiami Trail 4 Years Naples. FL 34112 District: Categon.': Health Dept. Director Niike Davis 643-1777 06/'16/'98 06/15/'02 4 Years 6120 18th Avenue. S.%V. 455-2818 Naples, FL 34116 District: 3 Category: Richard L. Klaas 434-0002 09/27/94 09/19/98 4 Years 4380 Gulfshore Boulevard North Naples. FL 34103 District: Categon. ': This 5 member authority was created on November 20, 1979, by Ordinance No. 79-95 in accordance with Chapter 154 of the Florida Statutes. The purpose of the authority is to assist health facilities in the acquisition, construction, financing and refinancing of projects in any corporated or unincorporated area within the geographical limits of Collier County. Members are subject to filing a Financial Disclosure Form 1 annually with the Supervisor-of Elections. Qualifications: County Resident, 18 years of age. Terms are 4 years. FL STA T: Chapter 154 Staff.' Donald A. Pickworth, Attorney: 263-8060 APR 13 1999 Pg.. MEMORANDUM DATE: February. 22, 1999 TO: Donald A. Pickworth 5811 Pelican Bay Blvd., Suite 210 Naples,, FL 34108 anf · , ' 't 'v ' si RE: Health Facilities Authority As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Pare Cox 3024 Round Table Court Naples, FL 34112 Edward J. Oates, Jr. 2935 Bellflower Lane Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments APR 13 1999 FEB-19 99 16:02 FROM:MANORCARE NAPLES 420 941-775-5248 TO:?~4360a PAGE:O1 M.~ne FTaflth .~vitrs, hlc. ~ 360; 1.8~e~'~.~ ~lvd Naples, ~. 34112 (94i) 775-5248 F~ Health ~s Nar.q'n.q & Rt'hab February 19. lf~f) Board of County Commissioners ,-~ttn.: Sue Filson County Adminislrat ior~ Center 3301 East 'ram ia fni Trail Naples, FL 34112 Dear Ms. Filson: Please accepI this 'lelter a,~ mv request to be re-appointed to the Health Facilities .~.,I horil x. N! ~ currefit r. erm expired on September 19, 1998. My resume is attached for your review. ! ha x-e e r~.io.x ed rt~ v pard ci pation with the .-x.u thorit x', and bclievc I ha ve 'been a valuable mcmb,:r. My healthcare background is certainly an asset. let me kn,_,x,' if you have any que~tio, s, or need additional information. APR 13 1999 i FE[~- 19 99 16:02 FROM: MANORCARE NAPLES 420 841-775-5P48 TO: 7743602 PAGE: RESUME Pamela M. Cox 3024 Round Table court Naples, FL 34112 (.94 I) 774-1449 EDUCATION l. Jniversity of' Southwestern Louisiana, Lafayette. Louisiana Graduated: 1974 Degree: Bachelor of Arts. Social Work Nova University, Fort Lauderdale, Florida Graduated December 1994 Degree: Master of Science. Counseling Psychology WORK EXPERIENCE ManorCare Health Services - Naples December 1998 to Present Job Title' Administrator Harborside Healthcare - Naples April lc)85 to December 1998 .lob Title: Administrator COMMUNITY INVOLVEMENT Collier County .gchool Board Member I--:lectcd September t 994/Re-elected, September 1998 Leadership Collier Class of l q90 Zonta Club of Naples Member since log3 (Past President) East Naples Civic Association (Past Board Member) Member since I AWARDS Zonla Club of' Naples Woman Achiever of the Year- 1989 Harborside Healthcare Adtninistrator oflhc Year- 1900 Who's Who of American Business Leaders ~"~' ' ' ' Inducted in log1 Florida t lcalth Care Association APR 13 1999 Administrator of the Year - 1996 'lg,/iggg ld:~ gdiGdg22ig EDI.IA~D OATE~ EDWARD J. OATES, JR. 2935 Bellflower Lane Naples, FL 34105-3005 AGENDA No. APR 13 1999 ~941l 262-7~60 fhoma) t941J ~9-~19 ffax3 ~?;i::!,;. :! ~: ;~ EXECUTIVE SUMMARY TO THEHOUS1NGFINANCE AUTHORITY OBJECTIVE: To appoint two members to serve four year terms, expiring on April 13, 2003, on the Housing Finance Authority. CONSIDERATIONS: The Housing Finance Authority has two vacancies due to term expirations. This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, of the Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance or commerce. Members are subject to filing a Form 1 Financial Disclosure Statement annually with the Supervisor of Elections Office. Terms are 4 years. A list of the current membership is included in the backup. The terms have expired for Gary D. Lind and Dawn Litchfield. A press release was issued and resumes were received from the following two interested citizens: APPLICANT Gary D. Lind - requesting re-appointment Dawn P. Litch~eld - requesting re-appointment · COMMITTEE RECOMMENDATION: Gary D. Lind - re-appointment Dawn P. Litch~eld - re-appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint two members to serve four year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 13, 1999 AGENDA ITEM APR 13 1999 Pgo_ ..../ 03/31/99 WED 19:38 FAX 9115981161 DONALD A PICK'WORTH PA ~ 005 MEMORANDUM Date: March 31, 1999 To: Sue Filson, Administrative Assistant Board of County Commissioners Rc: Housing Finance Authority-Appointments 'You have received two resumes for the two appointments. Ms Litch~eld is a currcnt member of the Authority and its Vice-chair, and dcsircs to be re-appointed. Mr. Lind is currently a men~ber of the Authority and serves as Secretary. The Authority discussed the matter and unanimously recomme~ded thai these two individuals be rc-appointed- APR 13 1999 Pg.__ c:~ .... Housing Finance Authority Name Work Phone Appt'd Exp. Date TeHtt Hotne Phone ' DateRe-appt 2ndE.~,'pDate 2rid Tertn John T. Conroy, Jr. 26'1-3400 08/05/80 08/01/81 1 Year 3255 Noah Tamiami Trail 4,./24,/98 08/03/01 4 Years Naples, FL 34103 District: Category: Commerce Charles A. Dauray, Jr. 08/05/80 08/04/84 3 Years 2280 14th Street, North 649-0090 11/7/95 08/05/99 4 Years Naples, FL 34103 District: Category: Labor Thomas M. Palmer 566-2300 5811 Pelican Bay Blvd., Suite 102 3/31/98 08/03/01 4 Years Naples, FL 34108 District: Category: Finance Dawn Litch~eld 261-4800 02/05,791 12/02/94 4 Years 3033 Riviera Drive. Suite 104 3/14/95 12/02/98 4 Years Naples. FL 34103 District: Categon.': Finance Gary D. Lind 262-8800 03/21/95 03/21/99 4 Years 400~ Tamian~i Trail North Naples. FL 34103 District: Category: Finance This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance, or commerce. Members are subject to filing a Form I Financial Disclosure Statement annually with the Supervisor of Elections Office. Terms are 4 years. FL STAT: 159 Staff.' Attorney Don Pickworth: 263-8060 APR 13 1999 Pg.. MEMORANDUM DATE: February 22, 1999 TO: Donald A. Pickworth 5811 Pelican Bay Blvd., Suite 210 Naples,, FL 34108 ant~ FROM: . , . . · oA2girsst t RE: Housing Finance Authority As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving c :s committee to submit a resume for consideration. I have attached the resumes received for yot; "':; ew as follows: Gary D. Lind 4851 West Boulevard Naples, FL 34103 Dawn P. Litchfield 3033 Riviera Drive, #104 Naples, FL 34103 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Vitae Gary D- Lind BUSINESS ADDRESS: HOM~E AD DRESS: Northern Trust Ba.mk of Florida 485I West Blvd. 375 5d~ Ave S. Naples. FL 34103 Naples, FL 34102 941/6,19-6970 941/262-5560 E-mail: GDL3(t~NTRS.COM PROFESSIONAL WOP~ EXPERIENCE: 1991 - Present: Vice-President - Northern Trust Bank of Flcr2da - Portfolio Manager f~r farofly relardotk~tips worth $350,000,000. - Provide technical advice to trust admiz~tration ~d tax departmcmts for ~ducLaxT, legal arid tax matters. 1986 - 1990: Senior Vice-President - Tru~tcorp of Flordia - EstablLshed Florida Trust Subsidi,~'. - Involved with all facets of trust work/ncludmg investments. adminLstraLiom tax and t~ew business. - Corporate P&L. and balance sheet stateroom eversight plus compliance with Comprro tler of Currency rules, regulations and audits. 1976 - 1986: Vice President - Toled~ Trust Company - Head of Personal Trust Investmere DeFuh-tmenu - Portfolio Manager for selected family relar~onsk/ps. CUP,_KENT CIVIC I'NVOLVE.VEENTS: - Collier Cotmr}, Florida Housing Finance A'utho~ry Member and current Secre'tary - SW Florida Council, AIl. igator District, Boy Scouts of America -Chairman- Eagle Board of Review PAST CIVIC INVOLVEME"NTS: - American Lung Asm. of Florida - Executive Board Memkyc - Coramtm~t)' School of Naples ~ Board of Trustees and Finance Cornmince - Sunr/_se School - Secr~ary, - YMCA of Collier Courrty Florida - Treasurer and Execunve Board Member EDUCATIONAL AND PROFESSIONAL BACKGROUND: 1994 - LLM-Estate Platruing - University of M/and College of Law 1991 - Certified Trust and Financial Advisor (CrFA) 1987 - Florida Bar Passage - Good Standing 1986 - Chartered Financial Analyst (CFA) 1981 - Oh./o Bar Passage - Good Standing 1980 - J.D. - University of roled~ College of Law 1975 - M.B.A. - Finance: Bowling Green State University, Bowling Green, OH 1974 - B.S.B.A. - Finance and Economics: Bowling Gree- State University, Bowling Green, OH 1969 - Wauseon, Ok{o High School PERSONAL BACKGROUND: ~ Max'fled- 1975 (Melaaxle) FROM; LITCHFIELD,NELSON,gCO. PHONE NO.: 19412612085 Feb. 18 1999 04:55PM P1 FAX COVER PAGE ~ TOTAL PAGES (INCLUDING COVER PAGE) DATE: c~l l ~ ~ "' COMPANY: ~C~'~ CO~; ss.i~ CONTACT: SUC ~SL~q FROM: MESSAGE: ..... ,;,_ , .......... AGENDA ~""'~" 1999 Pg._ 1400 GULF SHORE BOULEVARD NORTH, SUITE 214 NAPLES, EL 34102 MAIN - (941) 261-4800 FAX- {941) 261-2085 TOLL FREE- (800) 226-4801 6MAIL ADDRESS - MONEYMANAGER@prodigy.net SECURITIES OFFERED THROUGH MUTUAL SERVICE CORPORA TION , MEMBER NASD lAND SIPC FROM: LITCHFIELD,NELSON,&CO, PHONE NO,: 19412612085 Feb, 18 1999 04:55PM P2 Private Financial ,Services February 18, 1999 Sue Filson Board of County Commissioners County Adminjstration Center 3301 East Tamiami Trail Naples, FL 34112 Dear Sue: I am Faxing you my Resume for re-appointment to the Housing Finance Authority. I hope the commissioners will find my work there to be fair, productive and professional. I would enjoy the opportunity to continue to serve on this Authority in order to provide affordable housing to the citizens of this county. To do so without any conflict of interest when awarding the inducements and tax credits to developers. Let me extend my gratitude to the board for considering me and for the opportunity to continue my community service. ~ej~ ' President C.C. Don Pickworth APR 13 Pc:j. "7__ Gulf Shore Square. Suite 214 · 1400 Gulf Shore Boulevard North · Naples, Florida 34102 I941) 261-4800 · Fax (941) 261-2085 · 1-800-226-4801 · e-mail: moneymanager@prodi~)y. net .~'tlI#TIE$ ~F'FBf..D TF/~OiK, H t. Rfil.14L SDVIC~ CO~POR411OiY , M~tMER flA.~ ANO 9,~' FROM: LITCHFIELD,NELSON,~CO. PHONE'NO. : 19412612085 Feb. 18 1999 04:56PM P3 i Dawn Litclffield rice 1987-presea~ Litehfielc[, Nelson & Co. Naples, Florida Pr~ident/ParIr~r Private Financial Services Firm 199f-present Litch~eld & Warklns Naples, Florida Partn~' Private Family Offices 1992, 1994, 1998 Mutual Service CotpoTation Naples, Florida Pre~ident's Club Member Top 5% 1984-1997 ' WNOG Radio Naples, Florida Talk Show Host of "Money Matters" 1993 - 1995 v~'llivU TV/ABC Naples, Florida F~nancial Editor Segments twice a week 1971-1975 Community College of Vermont Springfield, Vemzo.t . A.A. Liberal Arts Bo~d of Naples Alli~ce ~o~ Cllil~en (19g2-p~cscm) Board o~ Ho~ing Finance Au~orir/(2 terms) International College (1993-present) Advisory Board of Community Bank of Naples (1997-present) President of East Naples Civic Association (1998-1992) Republican Executive Committee of Collier County ( 1988-1994) Assembly Center New Building Committee (current) YMCA Project Graduation Board Past Boards Consist of: Collier County Economic Development Counsel, Consumer Credit Counseling Service and St. Matthew's House API 13 1999 RESOLUTION NO. 99- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REGARDING ANIMAL ABUSE AND CRUELTY CASES INVESTIGATED BY DOMESTIC ANIMAL SERVICES WHEREAS, The Humane Society of ~ollier County, Inc., C'Society") has informed the Board of County Commissioners ("Board") that Collier County Domestic Animal Services ("Domestic Animal Services") performs difficult tasks regarding cases of animal abuse and has improved its education efforts regarding laws against animal abuse and cruelty to animals; and WHEREAS, the Society believes that in animal cruelty and animal abuse cases there is a need for more extensive coordination and communication between Domestic Animal Services and the Collier County SherifUs Agency and the Society; and WHEREAS, The Board desires that in all animal abuse and cruelty cases that may constitute any criminal act, Domestic Animal Services utilize the services of the Collier County Sheriff's Agency and of the Society to the greatest extent possible. NOW, TI1EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. In each case of apparent animal abuse or cruelty to animals that may be a criminal act under any Florida Statute or Collier County Ordinance, the staff of Domestic Animal Services is encouraged to promptly notify tl~e Collier County Sheriff's Agency and to request whatever assistance may be available from that agency. 2. Domestic Animal Services is encouraged to utilize the volunteered services of the Society to the greatest extent possible, including its necropsy services, and to fully use the Society's biological storage facilities for preservation of potential evidence and storage of bodies of small animals. This Resolution adopted this day of , 1999 after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS ":- ATTEST: COLLIER COUNTY, FLORIDA, DWIGHT E. BROCK, CLERK By BY: Deputy Clerk PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficien~t~. ~ T ~o ~ AGENDk, E I mas C. Palmer Assistant County Attorney I~O. h:Icp/Res. 99 - Domestic Animal Sereices APR 3 19 9 EXECUTIVE SUMMARY PETITION SNR-98-13, DONNA DEVLIN, REQUESTING A STREET NAME CHANGE FROM 28TH AVENUE SW TO PAINTED LEAF LANE, LOCATED IN GOLDEN GATE ESTATES UNIT 30, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change from 28th Avenue SW to Painted Leaf Lane. CONSIDERATIONS: The Petitioner states that the reasons for the request are "street name duplications" and "distinguished in Golden Gate Estates and from Golden Gate City." The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 70 owners of property abutting the street in question, 37, or 53 percent, have granted their approval of the change. FISCAL IMPACT: None. The applicant has agreed to pay the cost of street sign replacement. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 98- 13, changing the name of 28th Avenue SW to Painted Leaf Lane. APR 13 1999 lg6 C]vO,~ AJ. NrlO:::) .( Z PREPARED BY: B(~,'~S (~GTRENA~UR, PLANNER II CURRENT PLANNING /,-Tr- Rdf, JACD F. NINO, AICP, DATE CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP, DATE PLANNING SERVICES DIRECTOR APPRI3'~/ED BY ~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-98-13 APR 13 1999 APPLICATION FOR STREET NAME CHANGE SNR9S-13 DATE: AGENT'S FIRM:"+-~ Fax No. - -.~ .'~" ~ ~ Ck C'e V% Telephone No. PETITIONER'S NAME: '~CX xN~_ N - ~ PETITIONER'S ADD~SS: 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 Master Association: Mailing Address City State Zip ... Name of Civic Association: Mailing Address City State __ Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34! 04 AGENDA ITEM TELEPHONE (941) 4034300, FAX (941) 6434968 APR 13 1999 Application for Street Name Change - 9/98 pa~P, tl nt_g ~7/ PROPOSED CHANGE: STREET IN QUESTION IS: [12/public. or [] private Reason for proposed change: Approximate length of street: t y'~q; t c Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: AGENC)A ITEM (approx. $100.00 ~r sign ) APR 13 1999 App~cation for Strut Name 5age - 9/98 7'-~ 5 u. z LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary.) A. Section: Township: Range: B. Subdivision: Unit No. Tract No. --- B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivision: Unit No. Tract No. D. Section: __ Township: Range: F. Subdivision: Unit No. Tract No. F. Section: ~ Township: Range: APR 13 1999 ' i~. Application for Street Name Change - 9/98 DATE: FROM: TO: Ross Gochenaur Current Planning RE: SNR SXRgS-]3 The Property Appraiser's Office indicates that there are 5 ~ erty owners abutting the streets in question. We have received signatures of ~ of these property owners approving the proposed change. This number constitutes ~ c/ percent of the total number of property owners, thereby exceeding the 50 percent plus one signatures required to apply for the street name change. AGENDA I~:.M No.~ APR 13 1999 ~ : RESOLUTION NO. 99- 2 4 5 RESOLUTION RENAMING 28TM AVENUE S.Vq. TO ~ "PAINTED LEAF LANE". WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES U,'NrlT 30 IN _~ SECTION 29. TO~LNSHIP 49 SOUTH, RANGE 26 9 EAST. COLLIER COUNTY, FLORIDA. 10 n WHEREAS, the Board of County Commissioners is authorized pursuant to authority of u Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; 13 and 14 VvT-tEREAS, the Board of County Commissioners has been requested to confirm the renaming 15 of 28tb Avenue S.%V. to Painted Leaf Lane. This street is located in Section 29, Township 49 South, 16 Range 26 East, Collier County, Florida. Go]den Gate Estates Unit 30. according to the plat thereof ~, recorded in Plat Book 7, Page 58. of[he Official Records of Collier County, Florida: :a WHEREAS. there appears to be no street in Collier County with this name or any similar ~s sounding name: and 2 ~ WHEREAS. it is necessar? for identification purposes to confirm the name of this street, :: NOW' THEREFORE. BE 1T RESOLVED BY THE BOARD OF COUNTY zz COMMISSIONERS OF COLLIER COU~'TY. FLORIDA: 23 The name of this street is hereby changed from 2Fh Avenue S.W. to Painted Leaf Lane and is 24 confirmed as such. 25 BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of 26 Collier County, Florida. and noted upon the maps of the street and zoning atlases of Collier County., 2v and notations made on the referenced Plat. z s This Resolution adopted after motion. second and majority vote. 29 Done this day of 1999. 3~ ATTEST: BOARD OF COUNTY COMMISSIONERS 32 COLLIER COUNTY, FLORIDA 33 34 35 BY: 3 ~ DWIGHT E. BROCK, Clerk Pamela S. MaeKie, Chairwoman 37 38 ~ Approved as to Form and Legal 40 Sufficiency: 41 43 M arj ori/M. Student ~,~F, NDA ITEM 44 Assistant County Attorney 45 46 SNR98-13 RESOLUTION, 47 1 S lSSS STREET NAME CHANGE PETITION INFORMATION APPLICANT NAME: The Property Appraiser's Office list dated indicates that there are ~ properties abutting the street for which renaming has been proposed. The attached petition contains the signatures of the owner(s) of ~'~ of these properties. This number constitutes ~ percent of the total number of properties, thereby meeting or exceeding the minimum number of 50 percent plus one required to apply for the street name change. This information is true and accurate to the best of my knowledge. SIGNED ~~-~ DATE EXECUTIVE SUMMARY PETITION SNR-98-10, DONNA DEVLIN, REQUESTING A STREET NAME CHANGE FROM 18TM AVENUE SW TO CEDAR TREE LANE, LOCATED IN GOLDEN GATE ESTATES UNIT 31, IN SECTION 20, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change from 18t" Avenue SW to Cedar Tree Lane. CONSIDERATIONS: The Petitioner states that the reasons for the request are "to enhance 911 emergency services" and "avoid street name duplication." The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 43 owners of property abutting the street in question, 37, or 86 percent, have granted their approval of the change. FISCAL IMPACT: None. The applicant has agreed to pay the cost of street sign replacement. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 98- 10, changing the name of 18t" Avenue SWto Cedar Tree Lane. 1999 PREPARED BY: RO~S'(~OChENAUR, PLANNER II -,{~atS '" ' CURRENT PLANNING RE: RO~A'E.D ~. NINO, AICP, DATE CURRENT PLANNING MANAGER .,., - ,:, ROBERT J. MULHERE, AICP, DATE PLANNING SERVICES DIRECTOR ../ APPROVED BY VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-98-10 AGE, NOA rT:EM No,~ APR 13 1999 APPLICATION FOR STREET NAME CHANGE Collier County Ordinance 97-9 states that County streets may be renamed by a petition of fifty percent plus one of the property owners abutting the street to be renas~N~ provided that the proposed name does not duplicate an existing name, Applicants must verify with the Addressing Section of the Collier County Planning Department (403-2482) that the proposed name is not a duplication prior to submitting the application. The application should be forwarded with a cover letter describing the proposed change to: Ronald F. Nino Current Planning Manager Community Development Services ,q N R 9 8 - '~ C' 2800 North Horseshoe Drive -' Naples, FL 34104 The application must include the following: 1. A petition of fifty percent plus one of the property owners abutting the street to be renamed 2. A site plan of the street to be renamed, showing the length of the street in tenths of miles, the location and number of street signs, and the zoning of abutting properties 3. The legal description of the abutting properties, including section, township, range, and subdivision (as applicable) 4. The reason for requesting the change 5. An administrative fee of $10 (ten) plus $1 (one} for each property owner requiring notification of the proposed name change (check to Board of County Commissioners) Agent's firm ~ ~ _ <" ,,. "' Petitioner's name ~ k"~-,'x~: C X .~L3 CIQ ,( Yx_'~F' Phone # Petitioner's address 7 e,_ to _ Street in question is 52/public, or [] private Applicant ' ~does, or _'~loes not agree to pay cost of street sign replacement for public street ($100 per sign) Number of abutting property owners4222~ Number of owners signing petition ~-" - Legal description (section, township, range, and/or subdivision, as applicable) of all abutting properties; add separate page if necessary) 4q - 2& - 2D_ AGa,'~A ITEM ' APR 13 1999 PETITION TO THE BOARD OF COUNTY COPIMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COL~;TY CO~DflSSIONERS TO CHANGE THE NAMJE OF THE FOLLOWING DESCRIBED FOR THE FOLLOWING REASON(S): SIGNATURE ~DRESS LEG~ DESC._ --' DATE t:~ 4. DATE;: FROM: TO: Ross Gochenaur Current RE: SNR %Np, 9,~-10 The Property Appraiser 's Office indicates that there are Z4 % property owners abutting the streets in question. We have received signatures of '~r7 of these property owners approving the proposed change. This number constitutes &o percent of the total number of property owners, thereby exceeding the 50 percent plus one signatures required to apply for the street name change. AP_~A IfEM ~R 13 1999 4 _= FE~CL'jT:,:;: FF;AXZ.~iG :~::': AVENUE s "7ZZA. F :FEE LANE", :';HZSH STREET iS LOCATED it; 5ELLEN 5ATE ESTATES UNiT an, iN SECTION , s 22, CCWtiSHi? 49 SOUTH, ~NGE 2e EAST, 9 COLLIE? COUNT'f, KLORiEA. l0 WHEREAS, the Board of County Co~issioners is authorized pursuant to 12 authority of Chapter 336.05, Florida Statutes, to name or rename streets 13 and roads, except for certain state roads; and WHEREAS, the Board of ,County Co~issioners has been requested to Is confirm the renaming of 18== Avenue S.W. no Cedar Tree Lane. This 16 szree~ is located in Sectton 2~, Township 49 South, Range 26 East, ~7 Collier County, ?izri=a, Szijen Gaze EstaZes, Unit 31 Subdivision, m~ accordin~ zc Eke Kiaz Ekeroof, rescrnea zn S!a~ ~ook 7, Page 59, cf the ~9 Official ReccrSs cf Coilten Ccuniy, Florida; ms, WHEREAS, znere a~pears ~s ~e ns screen zn Ccl!ier Count}, with this zi lame or any similar s2'iy;oixs nan. e; 22 WHEREAS, il is necessary for 2ienzificaiion purposes 23 name cf ibis szree_, 24 YCW THEREFiRE, ~E iT PESCL'/E2 Ff THE BOARD OF COUNTY COMMISSIONERS 2s iF COLLIES CCUl.cll, FLDRiZA: 2e The name ?f if. no street is kerecv chanted from 18~h Avenue S.W. ~c 2- logan Tree Lane ann 2s 2cnfzrr~eC as such. zs ~E 17 FURTHEN 7ESEL'.rEE tr.a~ ~nzs ~esoiutlon me recordeC in ~he 29 Public Records of is!lien SounEW, Florida, and noted upon the maps cf the 30 street and tonins atlases sf ,Collier County, and notations made on the 31 referenceO Plat. 32 This Resolution adopted after motion, second and majority vote. 33 Done this day of , 1999. 34 35 ATTEST: BOARD OF COUNTY CO~ISSIONERS 36 COLLIER COUNTY, FLORIDA 37 3s BY: 39 DWIGHT E. BROCK, Clerk Pamela S. HacKle, Chairwoman 40 41 Approve= as tc Farm and Local 42 Sufflclency: Aa'~A~ I 3 1999 47 f, SNR-98-!C, RESOLUTION/ P&.. ..... EXECUTIVE SUMMARY ,~,. PETITION SNR-98-12, DONNA DEVLIN, REQUESTING A STREET NAME CHANGE FROM 26TH AVENUE SW TO COPPER LEAF LANE, LOCATED IN GOLDEN GATE ESTATES UNIT 30, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change from 26th Avenue SW to Copper Leaf Lane. CONSIDERATIONS: The Petitioner states that the reasons for the request are "street name duplications" and "distinguished in Golden Gate Estates and from Golden Gate City." The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 68 owners of property abutting the street in question, 39, or 59 percent, have granted their approval of the change. FISCAL IMPACT: None. The applicant has agreed to pay the cost of street sign replacement. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 98- 12, changing the name of 26th Avenue SW to Copper Leaf Lane. AGENC)A ITEM AP2 I3 PREPARED BY: R~~I;I~NAUR, PLANNER II ~z/~'ATE/~/ f'~'//'~*/9 CURRENT PLANNING R E APPROVED BY ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-98-12 AGENDA IfEM .o._/,.~ Lc :~ APR I 3 1999 pg. ~'~' ,NSV 199 APPLICATION FOR STREET NAME CHANGE SN}~98-12 DATE: ( C ~ C~ ~L ~c:C ~' Telephone No. PETITIONER'S NAME: ~ L~ ~- ~ PETITIONER'S ADDESS: 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 Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip . COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANN~ AGENDA ITEM 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 3:04 TELEPHONE (941) 403-2300, FAX (941) 643-6968 AF2,, 13 1999 Application for Street Name Change - 9/98 PROPOSED CHANGE: CURRENT NAME OF STREET: 2 d-/24'~"'~ ~X)~ ~Lte_ --~ t S~ET ~ QUESTION IS: ~ublic. OF D ~ya[~ Reason for proposed ¢han~e: Approximate length of street: / ~xq '~/-C Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: AGENDA ITEM Applicant es, or ['] does not, agree to pay cost of street sign replacemen for (approx. $100.0o per sign ) APR 13 1999 Application for Street Name Change - 9/98 ri~g~ J olD LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary.) A. Section: Township: Range: B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivision: Unit No. Tract No. D. Section: __ Township: Range: F. Subdivision: Unit No. Tract No. F. Section: Township: Range: AGENDA ITEM ._.,,. No.~ APR 13 1999 Pg .,~_,b_~ AppUcatlon for Street Name Change - 9/98 Page 4 ~;f 5 DATE: FROM: TO: Ross Gochenaur Current Planning RE: SNR The Property Appraiser's Office indicates that there are 5 ~ prope_rty owners abutting the streets in question. We have received signatures of ~;~1 of these property owners approving the proposed change. This ~umber constitutes ~ ~-- percent of the total number of property owners, then, !:ceeding the 50 percent plus one signatures required to apply for the street name c "; ,e. Signed APR 13 1999 Pg .; ,~ ~ 1 2 RESOLUTION NO. 99- 4 s RESOLUTION RENAMING 26th AVEND'E S.W. TO 6 "COPPER LEAF LANE". WHICH STREET IS 7 LOCATED IN GOLDEN GATE ESTATES UNIT 30 IN B SECTION 2% TO~'NSHIP 49 SOUTH, RANGE 26 9 EAST, COLLIER COUNTY, FLORIDA. lo ~z WHEREAS, the Board of County Commissioners is authorized pursuant to authority of ~2 Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; ~3 and n WHEREAS, the Board of County Commissioners has been requested to confirm the renaming ~5 of 26'h Avenue S.W. to Copper Leaf Lane. This street is located in Section 29, Township 49 South, ~6 Range 26 East. Collier County. Florida. Golden Gate Estates Unit 30, according to the plat thereof. ~? recorded in Plat Book 7, Page 58. of the Official Records of Collier County, Florida; ~8 .~ :WHEREAS, there appears to be no street in Collier County with this name or any similar 19 sounding name; and 20 WHEREAS, it is necessary for identilicaUon purposes to confirm the name of this street, 2 ~. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COL,~TY. FLORIDA: 23 The name of this street is hereby changed from 26~il A. venue S.W. to Copper Leaf Lane and is 24 continned as such. 29 BE IT FURTHER RESOL\;ED that this Resolution be recorded in the Public Records of 26 Collier County. Florida. and noted upon the maps of the street and zoning atlases of Collier County, 27 and notations made on the referenced Plat. 2 B This Resolution adopted after motion. second and majority vote. 29 Done this day of ,1999. 30 3~ ATTEST: BOARD OF COUq',ITY COMMISSIONERS 32 COLLIER COUNTY, FLORIDA 33 34 3s BY: 36 DWIGHT E. BROCK, Clerk Pamela S. MacKie, Chainroman 37 38 39 Approved as to Form and Legal 40 Sufficiency: 41 43 Marj cn4e M. Student AGENOA ITEM 44 Assistant County Attomey No,~ 45 tJ'2 I 3 1999 4'7 STREET NAME CHANGE PETITION INFORMATION APPLICANT The Property Appraiser's Office list dated indicates that there are (a ~ properties abutting the street for which renaming has been proposed. The attached petition contains the signatures of the owner(s) of ~ c~ of these properties. This number constitutes 5q percent of the total number of properties, thereby meeting or exceeding the minimum number of 50 percent plus one required to apply for the street name change. This information is true and accurate to the best of my knowledge. APR 13 1999 /" EXECUTIVE SUMMARY PETITION SNR-98-9, DONNA DEVLIN, REQUESTING A STREET NAME CHANGE FROM 20u' AVENUE SW TO WESTPORT LANE, LOCATED IN GOLDEN GATE ESTATES UNIT 31, IN SECTION 20, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change from 20t" Avenue SW to Westport Lane. CONSIDERATIONS: The Petitioner states that the reasons for the request are "to enhance 911 emergency services" and "avoid street name duplication." The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 60 owners of property abutting the street in question, 32, or 53 percent, have granted their approval of the change. FISCAL IMPACT: None. The applicant has agreed to pay the cost of street sign replacement. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ~ RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 98-9, changing the name of 20t~ Avenue SW to Westport Lane. APR 13 1999 ),. COUNTY ROAD 951 PREPARED BY: RO F'. N[r~O, AICP, DATE CURRENT PLANNING MANAGER / ROBERT j."MULHERE, AICP, DATE PLANNING SERVICES DIRECTOR VIN(~ENT A.}CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-98-9 AGENDA rTr~,~ APR 13 1999 APPLICATION FOR STREET NAME CHANGE AGENT'S NAME: k ~ -- "". x '~'~ ~'~"' '~ "'~ ~ Telephone No. -~' ' ~ ':t--; ' = .... ' PETITIONER'S NAME: '%C x'x x ~ (-'~ ~ C kC:3~' ~'~ Telephone No. PETITIONER'S ADD~SS: COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. ( Provide additional sheets if necessary.) Name of Homeo~vner 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 Ci~4c Association: Mailing Address City State __ Zip .... COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 3410 "AGF. MDA ITEM TELEPHONE (941) 403-2300, FAX (941) 643-6968 APR 13 1999 PROPOSED CHANGE: CURRENT NAME OF STREET: PROPOSED STREET NAME: "" T"" STREET IN QUESTION IS: [~ublic. or [] private Reason for proposed change: Approximate length of street: X r-,,: X L Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: (,,9 Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: ~ 5 k~?C- AGENO A ITEM Applicant es, or ["] does not, agree to pay cost of street sign replacemen' for (approx. $100.00 per sign ) APR 13 Application for Street Name Change - 9/98 ~,_, LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages ff necessary.) A. Section: Township: Range: B. Subdivision: Unit No. Tract No. --- B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivision: Unit No. Tract No. D. Section: __ Township: Range: F. Subdivision: Unit No. Tract No. F. Section: __ Township: Range: ~,. /~(c_~ q AT?, I 3 ~99 AppUcatlon for Street Name ~ge - 9~ ?age ~5 ~ F)ECEeVED OCT FROM: TO: Ross Gochenaur Current Planning RE: SNR The Property Appraiser's Office indicates that there are (_C' ~ pro erty owners abutting the streets in question. We have received signatures of -~ ~ of these property owners approving the proposed change. This number constitutes percent of the total number of property owners, thereby exceeding the 50 percent plus one signatures required to apply for the street name change. Signed Ac, rd,eA :~ APR 13 1999 -~ z F.ESSLUTZS:N NO. 4 FESCLUiZCN RENAMING ~U"' AVENUE S.W. s "WESTPORT LANE", WHICH STREET iS LOCATED iN { iC. LiE:i 5ATE ESTATES, UNIT =i, 'x: SECTlOT: - iT, iC, WNSHiP 47 SOUTH, RANGE 26 EAST, e 'COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Cormmissioners is authorized pursuant to n authority of Chapter 336.05, Florida Statutes, to name or rename streets 12 and roads, except for certain state roads; and 13 WHEREAS, the Board of County Commissioners has been requested to 14 confirm the renaming of 20=h Avenue S.W. to Westport Lane. This street 15 is located in Sec:isn 20, Township 49 South, Range 26 East, Collier ie :dun:y, Florida, Solden Sane Estates, Unit 31 Subdivision, according ~o i? Ins slat :hereof, recorded in Plat nook 7, Page 59, of the ifficiai 2s Pecsris cf 'Collier 2cuntl/, F!criia; 19 WHEREAS, :here appears Is be no s%reet in Collier County with Ibis so name cr any slmzlar scundlng n&me; and 2m WHEREAS, ii is ~,=c=q~rlr for identlIlsa~l~ ourposes tc confirI~ 22 name sf :his slreel, Z2 NOW iHEREFORE, ~E ii RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 24 ':ST COLLIER COUNTY, FiCRiDA: 25 The name cf thls sirset is hereby changed from 20:h Avenue S.W. 26 Wes:morI Lane anC is ccnflrmed as such. 2- iE iT FURTHEB FESCLVED ihan :h~s Resolution ze recordeC zn zs PuSilc Yescrcs cf CElllet Counlv, Florida, ana noted upon the maps of ire 29 street and zcninc atlases of Collier County, and notations made cn the 30 referenced Plat. 31 This Resoiuticn adopted after motion, second and malority vo~e. 32 Done this day of , 1999. 33 34 ATTEST: BOARD OF COUNTY CONLMISSIONERS 3s COLLIER COUNTY, FLORIDA 36 37 BY: 38 DWIGHT E. BROCK, =Clerk Pamela S. MacKie, Chairwoman 39 40 Apprsved as tc Form and Legal 41 Sufficiency: 42 e4 Marjorie M. Student 45 Assistant 'l~unzv Attorney 46 fSNR-ge-9 PESOLU/ION/ APR 13 1999 EXECUTIVE SUMMARY PETITION SNR-98-7, DONNA DEVLIN, REQUESTING A STREET NAME CHANGE FROM 24T" AVENUE SW TO STAR GRASS LANE, LOCATED IN GOLDEN GATE ESTATES UNIT 31, IN SECTION 20, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change from 24'rH Avenue SW to Star Grass Lane. CONSIDERATIONS: The Petitioner states that the reasons for the request are to "enhance 911 emergency services" and "avoid street name duplication." The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 66 owners of property abutting the street in question, 39, or 60 percent, have granted their approval of the change. FISCAL IMPACT: None. The applicant has agreed to pay the cost of street sign replacement. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 98-7, changing the name of 24th Avenue SW to Star Grass Lane. AGENDA il~r.M APR 13 1999 Z r'- COUNTY ROAD 951 PREPARED BY: ROS~ G'~HI~NAUR, PLANNER ii D~TE ' / CURRENT PLANNING REVI'E~/ED BY: '~IGP, DATE OURRENT PLANNING MANAGER OB~T J.~O~H~RE, AICP, PRLANNING SERVICES DIRECTOR DATE A~B Y: ~_ ,..? --- ,), VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-98-7 APR 13 1999 Pl. ,,~ w~ANNiN8 StwRVICE~ APPLICATION FOR STREET NAME CHANGE 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 Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State .... Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 3410.~ N~~ TELEPHONE (941) 403-2300, FAX (941) 643-6968 APR 13 1999 PROPOSED CHANGE: STREET IN QUESTION IS: [~S~blic. or [] private Reason for proposed change: Total Number of property owners abutting street to be renamed: ~,~-, 0 Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: Applicant [X~dbes, or ['] does not, agree to pay cost of street sign replacemen (approx. $I00.00 ~r sign ) App~cation for St~t N~e ~ge - 9/98 LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) A. Section: Township: Range: B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivision: Unit No. Tract No. D. Section: __ Township: Range: F. Subdivision: Unit No. Tract No. F. Section: __ Township: Range: AGENDAITEM APF 13 1999 AppLication rot Street Name Change - 9~ ~a~ ~ m ~" I. ECE VED DATE: OCT 2 2 1998 FROM: pLANNtN~ SffRVICE~; TO: Ross Gochenaur Current Planning RE: SNR SNR98-07 The Property Appraiser's Office indicates that there are CO C"') property owners abutting the streets in question. We have received signatures of ,_Z~---- of these property owners approving the proposed change. This number constitutes ,_~X~ percent of the total number of property owners, thereby exceeding the 50 percent plus one signatures required to apply for the street name change. APR 13 1999 I 1 z RESOLUTi3N t:O. s RESC, LUTiCN RENAMING 24TM AVENUE S.W. TO ,,e~ GRASS LANE", WHICH S~DEET 6 __~ ...... iS LOCATED 7 !N GOLDEN GATE ESTATES, UNiT ~i, iN SECTION ~ 20, TOWt~SHIP 49 SOUTH, .RANGE 26 EAST, ~ COLLIER COUNTY, FLORIDA. 10 11 WHEREAS, the Board of County Commissioners is authorized pursuant to 12 authority of Chapter 336.05, Florida Statutes, to name or rename streets 13 and roads, except for certain state roads; and 14 WHEREAS, the Board of County Commissioners has been requested to 15 confirm the renaming of 24~ Avenue S.W. to Star Grass Lane. This street 16 is located in Section 20, Township 49 South, Range 26 East, Collier 17 County, Florida, Golden Ga~e Estates, Unit 31 Subdivision, according to 18 the plat thereof, redoreed in ?fat Book 7, Fage 59, of the Official 19 Records of Collier County, F!orLda; 20 WHEREAS, Ehere appears Eo be no s~reet in Collier County with this 21 name or any similar sounding name; and 22 WHEREAS, it is necessary for identification purposes to confirm the 23 name of this street, 24 NOW THEREFORE, BE iT RESOLVED BY THE BC, ARD CF COUNTY COMMISSIONERS 25 OF COLLIER COUNTY, FLORIDA: 26 The name of this street is hereby changed from 24~n Avenue S.W. to 27 Star Grass Lane and is confirmeG as such. ~E IT FURTHER RESC. LVED than Ehis Resoluzlon be recorded in the 29 Public Records of Collier Counzy, Florida, and no~ed upon the maps of the 3o stree~ and zoning aElases of Collier County, and notations made on the 31 referenced Plat. 32 This Resolution adopted after motion, second and majority vote. 33 Done this day of , 1999. 34 35 ATTEST: BOARD OF COUNTY COMMISSIONERS 36 COLLIER COUNTY, FLORIDA 37 38 BY: 39 DWIGHT E. BROCK, Clerk Pamela S. MacKie, Chairwoman 40 41 Approved as to Form and Legal AGF3~A]~,M 42 Sufficiency: 4~ 45 Margo~ie M. Student Assistant County Attorney APR 13 1999 ~? ~/s~-98-? ~so~g~zo~/ i Pg' ST E CHANGE PETITION INFORMATION APPLICANT The Property Appraiser's Office list dated 2__/I Z ] cl q indicates that there are (11 [o properties abutting the street for which renaming has been proposed. The attached'petition contains the signatures of the owner(s) of ,,~c~ of these properties. This number constitutes (0 [9 percent of the total number of properties, thereby meeting or exceeding the minimum number of 50 percent plus one required to apply for the street name change. This information is true and accurate to the best of my knowledge. APR 13 1999 EXECUTIVE SUMMARY PETITION SNR-98-8, DONNA DEVLIN, REQUESTING A STREET NAME CHANGE FROM 22ND AVENUE SW TO SEA GRASS LANE, LOCATED IN GOLDEN GATE ESTATES UNIT 31, IN SECTION 20, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street 'name change from 22"d Avenue SW to Sea Grass Lane. CONSIDERATIONS: The Petitioner states that the reasons for the request are "to enhance 911 emergency services" and "avoid street name duplication." The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 65 owners of property abutting the street in question, 37, or 56 percent, have granted their approval of the change. FISCAL IMPACT: None. The applicant has agreed' to pay the cost of street sign replacement. - GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ' RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 98-8, changing the name of 24t" Avenue SW to Sea Grass Lane. AGFJ, IDA ITEM No.~ 13 lg 9 C) c~ Z COUNTY ROAD 951 ROSS GO~-4ENAUR, PLANNER II DATE " CURRENT PLANNING . l,,~i.'r~r P, DATE CURRENT PLANNING MANAGER / /; .~-. RbB~RT J. MULHERE, AICP, -,ATE PLANNING SERVICES DIRECTOR BY VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-98-8 AGE!~A I'fEM I APR 13 1999 APPLICATION FOR STREET NA1ME CHANGE PETITIONER'S NAME: ~k~ CX ~ 6[5C. N '~ Telephone No. PETITIONER'S ADDRESS: 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 Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City __ State __ Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 ~.~ TELEPHONE (941) 403-2300, FAX (941) 643-6968 APR I 3 1999 Application for Street Namne Change - 9/98 Page ,f5 Pg' ~ PROPOSED CHANGE: STREET IN QUESTION IS: [~public, or [] private Reason for proposed change: ' Total Number of property owners abutting street to be renamed: Total Number of property owners signing petition to change street name: ~ FV Percentage of property owners signing petition: 5/,9 E? ~ AGENDA ITEM Applicant ~does, or ["1 does not, agree to pay cost of street sign replacement for pul ic s},~8~t,13 1995 (approx. $100.00 per sign ) Application for Street Name Change - 9/98 Page 3 of 5 LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) A. Section: Township: Range: B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivision: Unit No. Tract No. D. Section: __ Township: Range: F. Subdivision: Unit No. Tract No. F. Section: ~ Township: Range: APR 13 1999 Application for Street Name Change - 9/98 PaRe4 r5 '.=CEIVED DATE;: 13CT 23 1~9G FROM: t~,AHN~ SBRV1CE,~ TO: Ross Gochenaur Current Planning RE: SNR 8NR98-08 The Property Appraiser's Office indicates that there are ~' ~ property owners abutting the streets in question. We have received signatures of' L'~r7 of these property owners approving the proposed change. This number constitutes percent of the total number of property owners, thereby exceeding the 50 percent plus one signatures required to apply for the street name change. AGF_NOA I1T. M APR 13 1999 Z RESOLSTZCN NO. 3 s RESOLUTION RENAMING 'Znd AVENUE S W 6 ~.~ LANE", ]';Hi:~u cTPmE' iS ~CATED ? iN GOLDEN GATE ESTATES, UNIT 31, iN SECTION s 2C, TOWNSHIP 49 SOUTH, RANGE 26 EAST, 9 COLLIER COUNTY, FLORIDA. 10 11 WHEREAS, the Board of County Commissioners is authorized pursuant t6 12 authority of Chapter 336.05, Florida Statutes, to name or rename streets 13 and roads, except for certain state roads; and 14 WHEREAS, the Board of County Commissioners has been requested to 15 confirm the renaming of 22nd Avenue S.W. to Sea Grass Lane. This street 16 is located in Secnion 20, Township 49 Souzh, Range 26 East, Collier 17 County, Florida, ,Golden Gate EsZanes, Unin 31 Subdivision, according to is the oian thereof, recorded in :~an Book , Pace 59 of the Official 19 Records of Collier County, Florida; 20 WHEREAS, there appears to be ~o szreet in Collier County with this 21 name or any similar sounding name; and 22 WHEREAS, iz ms necessary for lmentiflcazicn purposes to confirm the 23 name of this snreen, 24 NOW THEREFORE, BE iT RESOLVED ~Y THE BOARD OF ,COUNTY COMMISSIONERS 25 OF COLLIER COUNTY, FLORIDA: 26 The name of nhis street is hereby changed from 22nd Avenue S.W. to 27 Sea Grass Lane and is confirmed as such. 2s 5E IT FURTHER RESOLVED that nkis Resolution be recorded in the 29 Public Records of .Collier County, Florida, and noted upon the maps of the 30 street and zoning aniases of Collier County, and notations made on the 31 referenced Plat. 32 This Resolution adopted after motion, second and majority vote. 33 Done this day of , 1999. 34 35 ATTEST: BOARD OF COUNTY COMMISSIONERS 36 COLLIER COUNTY, FLORIDA 37 38 BY: 39 DWIGHT E. BROCK, Clerk Pamela S. MacKie, Chairwoman 40 41 Approved as to Form and Legal 42 Sufficiency: AC~A[TFG~ 4S Mar~o6~ie M. Studenu APR 13 1999 47 f/SNR-98-8 R~SOLUT~ON/ EXECUTIVE. SUMMARY AMENDMENT TO THE CODE ENFORCEMENT BOARD ORDINANCE PROVIDING THE ABILITY TO ESTABLISH MORE THAN ONE BOARD AND INCREASING THE STATUS OF LIENS FILES BY THE BOARD. OBJECTIVE: To provide for the ability to establish more than one Code Enforcement Board as deemed necessary by the Board of County Commissioners, to place liens imposed by the Code Enforcement Board with super priority status, co-equal with County taxes, and grant the Code Enforcement Board the authority to recommend foreclosure of liens after three months if the liens are unpaid. CONSIDERATIONS: The Code Enforcement Board Ordinance was previously amended to give the Board of County Commissioners the ability to create two Code Enforcement Boards. The previous amendment specifically provided for the establishment of two Boards. The proposed amendment gives the Board of County Commissioners the ability to establish as many Code Enforcement Boards as deemed necessary and contains new language pertaining to absences. The proposed amendment granting the Code Enforcement Board the authority to recommend foreclosure of liens that remain unpaid for more than three months is authorized pursuant to Section 162.09(3), Florida Statutes. This amendment will align the County's Ordinance with the State Statutes. Additionally, liens imposed by the Code Enforcement Board are being recommended for super priority status, co-equal with County taxes. This is being recommended in order to receive prompt payment for liens. With the Code Board liens co-equal to County taxes, the payment of liens are likely to occur because satisfaction of Code Board liens would rank superior to other liens, such as mortgage, construction, and personal liens. The amendment will ensure prompt satisfaction of Code Board liens before funds obtained by foreclosure would be distributed to other debtors leaving the Code Board lien amounts unsatisfied. There is an estimated $1.3 million of accumulated, uncollected Code Enforcement Board imposed liens. Many of these liens have existed for more than five years and are accruing on a daily basis. The Code Enforcement Board has directed staff to pursue foreclosures on those outstanding liens. SUPPLEMENTAL MATERIAL: Copies of the proposed Ordinance are available for review in the Code Enforcement Department and in the office of Minutes and Records, Clerk of the Courts. FISCAL IMPACT: In the event the Board of County Commissioners determined there is a need for additional Code Enforcement Boards, legal counsel will be retained to represent the Board. This cost would be approximately $16,000 to $20,000 per year and would be ~ome~'latt~ APR 18 1999 Code Enforcement budget in the MSTD General Fund. The increased possibilities to receive payment for liens will create additional revenue for the County up to the $1.3 million figure referred to above. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Adopt the changes as identified in the proposed Ordinance. PREPARED BY: (,~~/~ ~ DATE: t/. APPROVED BY: ~""~ O//' DATE: ~i;/" Vincent A. Cautero, AICP, Administrator CommUnity Development & Enviromental Se~ices Division APR 18 1999 I ORDINANCE NO. 99- 2 ~ AN ORDINANCE AMENDING ORDINANCE NO. 4 92-80, AS AMENDED, PROVIDING FOR THE 5 ABILITY TO ESTABLISH MORE THAN ONE 6 CODE ENFORCEMENT BOARD ON AN AS 7 NEEDED BASIS; PROVIDING FOR THE 8 FORECLOSURE OF LIENS AFTER THREE 9 MONTHS IF THOSE LIENS REMMN UNPAID; 10 PROVIDING FOR SUPER PRIORITY STATUS 11 FOR LIENS FILED BY THE CODE 12 ENFORCEMENT BOARD AS LIENS CO-EQUAL 13 WITH COUNTY TAXES; PROVIDING FOR 14 CONFLICT AND SEVERABILITY; PROVIDING 15 FOR INCLUSION IN THE CODE OF LAWS AND 16 ORDINANCES; PROVIDING FOR AN 17 EFFECTIVE DATE. 18 19 WHEREAS, on October 20 1992, the Board of County Commissioners of Collier County 20 adopted Ordinance No. 92-80, known and cited as the "Collier County Code Enforcement Boards 21 Ordinance"; and 22 WHEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties 23 to exercise broad home rule powers; and 24 WHEREAS, Section 125.01(3)(a) and (b), Florida Statutes, recognizes that the enumeration of 25 powers in Section 125.01(1), Florida Statutes, shall be deemed to incorporate all implied powers 26 necessary or incident to carry out such powers enumerated and that Section 125.01, Florida Statutes, 27 shall be liberally construed in order to effectively carry out the purpose of the Section and to secure for 28 the counties the broad exercise of home rule powers authorized by the State Constitution; and 29 WHEREAS, pursuant to Section 162.09(3), Florida Statutes, the Code Enforcement Board may 30 authorize the County Attorney to foreclose on unpaid liens after three (3) months from the filing of such 31 liens; and 32 WHEREAS, THE BOARD OF County Commissioners recognizes the need for Code 33 Enforcement liens to have super priority status co-equal with those liens filed for failure to pay County 34 taxes. 35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 37 SECTION ONE: Amendment to Section Five of Collier County Ordinance No. 92-80, ,s ampnded_ Words un~lerlined are added; words sW-'-ck tbzcugh are deleted. 1 Section Five of Collier County Ordinance No. 92-80, as amended, is amended to read as follows: 2 SECTION FIVE: Composition; Appointment and Terms of Members. 3 1. The Commission may appoint one or more seven (7) member Boards with two (2) 4 alternate members. One (1) Collier County Code Enforcement Board is hereby established and 5 ~hall consist of seven (7) members with two (2) alternate membersL who shall be appointed by 6 the Commission. A second or additional Boards. with the same composition as the first Board. 7 may be established by the Commission by Resolution as deemed necessary_ to carry_ out the 8 duties of the Code Enforcement Board. T"'e (2) Ccllier Ceu::t)' Cede Enferce_~:e::t beards are 10 ,,,h,, oh,,1T k ..... ;.+~.~ ~,.. +~.~ P~;oo;~_ All members of the Code Enforcement Boards shah ] 1 be perl~aanent residents and electors of Co]lier County and shah serve without compensation. 12 ~v{embers may be reimbuTsed for such travel, mileage and per diem expenses as may be 13 authorized, in advance, by the Commission. 14 2. Prior to making appointments to a Code Enforcement Board, the Commissioner's 15 staff shall provide the Commission with a list outlining the qualifications and demographic ~16 background of each candidate for Board membership, along with a list detailing the 7 qualifications, demographic backgrounds and term expiration of present members of a Code 18 Enforcement Board. 19 3. The appointment of members to a Code Enforcement Board shall be made on the 20 basis of experience or interest in the fields of zoning and building control, or.other areas as are 21 relevant to the codes of the County which are to be enforced. The membership of the Code 22 Enforcement Boards shall, whenever possible, include, but not be limited to, an architect, a 23 businessman, an engineer, a general contractor, a subcontractor and a Realtor. 24 4. The initial terms of appointment of members shall be as follows: 25 (a) Two (2) members appointed for a term of one (1) year. 26 (b) Three (3) members appointed for a term of two (2) years. 27 (c) Two (2) members appointed for a term of three (3) years. 28 (d). One (1) alternate member for a term of two (2) years and the other altemate 29 member for a term of three (3) years. 30 5. In the event any member's term, including that of any alternate member's term, 31 expires during the pendency of a case(s) which has not reached conclusion by a final vote, such """2 member's expired term shall be extended for the limited time and for the limited purpose of .,3 presiding over such particular case(s) until conclusion and final vote and the time ~or rePi~r?:~jJ~x~c-~ r 2 APR 18 1999 Words underlined are added; words a~,:cl~ *.krcugh are deleted. 1 has passed. In the event a reheating is granted, such member's term shall continue for the limited 2 time and limited purpose to rehear the matter and reach conclusion by final vote. 3 6. After initial appointments, all appointments shall be made for a term of three (3) 4 years. A member may be reappointed by the Commission for one (1) successive term, provided, 5 however, that nothing herein shall prohibit any individual from being reappointed to a Board 6 after a hiatus of two (2) years. An appointment to fill a vacancy on a Code Enforcement Board 7 shall be for the remainder of the unexpired term of office. All absences. vacancies and 8 resignations shall be governed by County. Ordinance No. 86-41. as amended. or its successor 9 ordinance. If an:, .... ~.~. ~n;,~ ,~ ~**.~A ,. ....c ,u ...........;..~ u~,~ _~,; ...... ;*~-~"* a lO ~n,;o,en~, ............ ,-! ,,~.;,h,--,,~ _.,..4 .......... 1 ,,,.f +1.,~ F"l.,~.;~_ ,h~ C'~,-l~ 'E'_4~ ....... , ........... ., vacancy. ........................................................... 1-' 1-' 12 Vacancies occurring on a Code Enforcement Board shall be publicized, but need not be 13 advertised, in a publication of general circulation within the County, and vacancy notices are to 14 be posted in the County libraries and County Courthouse. Members of a Code Enforcement 15 Board may be suspended or removed for cause by the Commission. 16 17 SECTION TWO: Amendments to Section Eleven of Collier County Ordinance No. 92-80, as 18 amended. 19 Section Eleven of Collier County Ordinance No.92-80, as amended, is amended to read as 20 follows: 21 SECTION ELEVEN: Penalties. 22 1. A Code Enforcement Board, upon notification by the Code Enforcement Official 23 that a previous order of a Board for a first violation has not been complied with by the specified 24 time, may order the violator to pay a fine which shall not exceed two hundred fifty dollars 25 ($250.00) per day for each day the first violation continues past the date set for compliance; or in 26 the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed 27 five hundred dollars ($500.00) per day for each day the repeat violation continues, and a heating 28 shall not be necessary for the issuance of the order. If a Code Enforcement Board finds a 29 violation to be irreparable or irreversible in nature it may impose a fine not to exceed five 30 thousand dollars ($5,000 00) per violation. 31 2. In determining the amount of the fine, if any, a Code Enforcement Board shall 32 consider the following factors: ~o~~7 Words underlined are added; words .... ~ .h .....u are deleted. 1 (a) The gravity of the violation; 2 (b) Any actions taken by the violator to correct the violation; and 3 (c) Any previous violations committed by the violator. 4 3. A certified copy of an order imposing a fine may be recorded in the public records 5 and thereafter constitute a lien against the land in which the violation occurred or exists and shall 6 be superior to the interest on such parcel or property_ of any owner. lessee. tenant mortgagee or 7 other person except the lien of County_ taxes, and shall be coequal with County. taxes and upsn 8 ..... ,u .....~ ......... ~ .....--,- ......,~ ~,,, ~h~ ~,;^~,~. and it may be enforced in the same 9 manner as a court judgment by the sheriffs of this State, inc!uaing !evy against perse::a! FreFe, ~"~', 10 but shall not be deemed to be a court judgment except for enforcement purposes. After aix 11 ~ months from the filing of any such lien which remains unpaid, the Code Enforcement 12 Board may authorize the County Attorney to foreclose on the lien. No lien created pursuant to 13 this Ordinance may be foreclosed on real property which is a homestead under Section 4, Article 14 X of the Florida Constitution. 15 No lien provided under this Ordinance shall continue for a period longer than twenty 16 (20) years after the certified copy of an order imposing a fine has been recorded, unless within 7 that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. 18 The continuation of the lien effected by the commencement of this action shall not be good 19 against creditors or subsequent purchasers for a valuable consideration without notice, unless a 20 Notice of Lis Pendens is recorded. 21 SECTION THREE: Conflict And Severability. 22 The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes 23 in the interest of public health, safety, welfare and convenience. If any Section, phrase, sentence or 24 portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 25 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such 26 holding shall not affect the validity of the remaining portion. 27 28 SECTION FOUR: Inclusion in the Code of Laws and Ordinances. 29 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 30 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to 31 accomplish such, and the word "Ordinance" may be changed to "Section," "Article" or any other 2 appropriate word. 4 Words ~nderlined are added; words a~,:ck ~,reug~ are deleted. 1 2 SECTION FIVE: Effective Date. 3 This Ordinance shall become effective upon filing this Ordinance with the Secretary of State. 4 5 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, 6 Florida, this __ day of ,1999. 7 8 ATTEST: BOARD OF COUNTY COMMISSIONERS 9 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 10 11 BY: BY: 12 PAMELA S. MAC'KIE, CHAIRWOMAN 13 14 15 Approved as to form and legal sufficiency: 16 17 18 "'~--_.,..A: ,.-~.,.~,, ~ ~ ,: 19 David C. Weigel, /,; "" 20 County Attorney AGEN~T, No. /~ ~_C~M~ 5 APR 13 1999 Words underlined are added; words :~,:'ck '3krcugh ~e deleted. Pg. ~ ...... ~ EXECUTIVE SUMMARY AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY PROVIDING FOR THE SUBSEQUENT ISSUANCE OF PD ZONING AND DRI DEVELOPMENT ORDERS BY THE CITY OF NAPLES FOR THE ENTIRE PROJECT CONSISTING OF A MARINA WITH 450 DRY STORAGE BAY CAPACITY AND 36 WET SLIPS; MARINA AND RELATED SALES, RESTAURANTS, MARINE CONSTRUCTION STAGING, AND BOAT AND MARINE SALES AND RENTALS, KNOWN AS HAMILTON HARBOR LOCATED OFF OF BAY, FERN AND DANFORD STREETS IN SECTIONS 22, 23 AND 2'7, TOWNSHIP 50 SOUTH, RANGE 25 EAST WITHIN THE CITY OF NAPLES, COLLIER COUNTY, FLORIDA CONSISTING OF 103+ ACRES AND ALSO LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST WITHIN UNINCORPORATED COLLIER COUNTY, FLORIDA, CONSISTING OF 21+ ACRES. OBJECTIVE: To approve an interlocal government agreement with the City, and Naples having the effect of granting the City of Naples jurisdiction to review and approve a land use development order for a certain portion of land area lying within Collier County. CONSIDERATIONS: Collier Enterprises, a Florida corporation ("Developer"), proposes to develop "Hamilton Harbor", a Planned Development (PD) containing both wet slips and dry storage for boats, landing facility for marine related construction, boat fueling facility, small restaurant, and ancillary facilities, such as marina office and store, (hereinafter referred to as the "Project" or "Hamilton Harbor"), which qualifies as a development of regional impact (DRI) pursuant to Section 380.06, Florida Statutes. Approximately 103 acres of the proposed Hamilton Harbor are located within the jurisdiction of the City of Naples and approximately 21 acres are located within the jurisdiction of Collier County, Florida. The portion of land lying in Collier County lies south of Bay Street and west of Fern Street. A properly location map is included on the following page. The conceptual development plan advises that the county portion of the development will provide the principal location for dry boat storage and parking facilities. The property is pan of the land which makes up the Sabal Bay Project approved by the Collier County Board of Commissioners a November 10, 1986 as a "PUD" Planned Unit Development (Oral. 86.77) and DR1 Development of regional Impact (DO 86-2). Collier County's CDC DRI Development Order No. 86-2 approved a marina village center on County land east and adjacent to the boundary with the City of Naples. The marina village center was approved to consist of two 300-room hotels, 600 wet boat slips, 200 dry storage boat slips, a yacht club, harbor master facili. ty and a marina specialty retail center. The portion of the proposed Hamilton Harbor DRI located in Collier County will be developed with ,--'- dry storage, parking and right-of-way. It is apparent that this represents a dramatically reduced level of development and therefore impacts to Collier County area property owners should be sl APR 13 1999 than the currently authorized level of development. There is precedent for this type of Interlocal agreement when projects straddle municipal boundary lines. When the Grey Oak development order was approved Collier County was authorized to approve the portion in the City. This matter will be heard by the CCPC at its meeting of April 1 sT. Their recommendation will be orally presented to the board. Additional, the County Anomey's staff is still in the process of reviewing the Agreement and will present an oral report to the BCC on April 13% FISCAL IMPACT: Approval of the inter Local Government agreement will have no fiscal impact. GROWTH MANAGEMENT IMPACT: Approval of the uses proposed by the appendix to the interlocal government agreement 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 subdistrict of Collier Count, land may be used by water dependent and water related uses. These principal uses may include water-related parks, marinas (public or private), yacht clubs, and related accessoD' 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 and/or other innovative approaches to conserve environmentall.-,' sensitive features and to assure compatibility with surrounding land uses. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. RECOMMENDATION: That the Collier County Board of County Commissioner approve of an Interlocal Government Agreement bet~'een the City of Naples and Collier County authorizing the City of Naples to approve a subsequent Development Order having the offer approve a certain uses of land in Collier of County or described by the terms of the Interlocal Governmental agreement and exhibits thereof. APR 18 1999 Pb, EPA~Rt~ BY I~L'D'~'.NINO, AICP D~TE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APP~/~ VIN~/~NT A. CAI~TERO, AIC~,,ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. lmerlocaL;EX SUMMARY/ts APR 13 1999 AGENDA ITEM 7-A MEMORANDUM TO: COLLIER COUN'FY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 18, 1999 RE: PETITION NO: PETITION FOR APPROVAL OF I/,aTERLOCAL GOVERNMENT AGREEMENT BY AND BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY AUTHORIZING THE CITY OF NAPLES TO REVIEW AND APPROVE THE USE OF CERTAIN LANDS LYING IN COLLIER COUNTY FOR A MARINA AND RELATED USES. OWNER/AGENT: Agent: George L. Varnadoe Young, vanAssenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Owner: Collier Enterprises Jeff Birr, President, Real Estate Division 3003 Tamiami Trail North Naples, Florida 34103 REOUESTED ACTION; This petition is intended to authorize the City of Naples to review and approve certain land uses within the County but which are a pan of a much larger development that lies in the City of Naples for a marina and marina related uses. This will be accomplished by a interlocal government agreement. GEOGRAPHIC LOCATION: The property is located offof 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, Florkt ~ CC~:-~T~ 21 acres more or les~ contiguous to the Corporate limits of the City of Naples (see r,.atid~ matr/-~C~)~ following page). I APR 13 1999 MEXIC~ APR 3 1999 oF GULF PURPOSE/DESCRIPTION OF PROJECT: 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 benhing 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 pnncipal location of automobile parking and dry storage boating facilities. The subject property is part of an existing approved DRI and PUD Development Order known as Collier DRYSabal Bay. The Sabal Bay Development Order will subsequently be amended to account for the changes herein proposed. SURROLrNDING 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 RIVIF-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 the appendix to the interlocal government agreement 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 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 wa_t~-related uses. These principal use~ may include water- related parks, marinas (public or private), yacht clubs, and related ~ry and recreationaL uses, such as boat storage, launching facilities, fueling facilities, restatwants, health clubs. Any water- 18 1999 uses of land resulting from approval of this intergovernmental agreement then said action will be consistent with the FLUE to the GMP. Staff review advises that other applicable elements of the GMP will be consistent with those elements, particularly in light of the fact the impacts from the entire Sabal Bay approval are vested by virtue of its DRI status, nevertheless, this determination will be more formally reviewed with a subsequent application to amend the Sabal Bay PUD and DRI. This application has a narrow scope in that what is herein requested is approval of an interlocal government agreement by and between the City of Naples and Collier County which authorizes the City of Naples to take jurisdiction of the approval process leading to adoption of a plan of development for 21 acres of land lying in Collier County. This arrangement is not unusual and in fact in a similar case involving the Grey Oaks PUD, Collier County assumed the approval role in dealing _ with over 600 acres of land lying in the City of Naples. The action to delegate approval authority to the City of Naples in order to achieve a unified plan of development without regard to political boundaries, nevertheless, subsequently will still require an amendment to the Sabal Bay/Collier DRI development orders through the normal procedure provided for that process. Our function .here is to acknowledge that certain land uses that are now going to fall within the purview of the City of Naples for development approval are nonetheless consistent with the requirements of Collier County relative to uses of the land and development standards to be used in regulating that development. The development strategy for Hamilton Harbor as this development relates to land in Collier County is as follows: I. Permitted Princinal Uses: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Part of boat basin in conjunction with dry boat storage facility. B. Dry boat storage facility for a maximum of 450 boats, in conjunction with the marina facility on adjoining land within the City of Naples. C. Marine equipment and boat sales and display. D. Boat docking facilities. E. Marina r~lated offices. F. Repair and servicing ofbo~x, boating act, e~___,~e~ and me equipment. G. Marina r~lated r~tail sale~. · N~o~s~_._~-~ APR 13 1999 3 _ II. Permitted Accessory_ Uses: Accessory uses and structures which are incidental and customarily associated with the above permitted use as follows: A. Incidental loading and unloading of marine supplies. B. Ponds/water management facilities. C. Parking lots. D. Landscape buffers. E. Yacht or sailing clubs. F. Signage, including internal directional signage. G. Sewage pump-out facilities. H. Fuel storage facilities. I. Accessory uses and structures which are incidental to and customarily associated with the permitted uses listed above. III. Minimum Lot Area: 10,000 SF ' IV. Maximum Lot coverage By Buildings: 50 percent V. Minimum Setbacks 50 feet from project perimeter boundary, as .--~ Principle and Accessory_ Buildings: depicted Exhibit C General Site Plan, except For water where the setback is 0 feet. Building Hei~mht; Dry storage facility 48 feet from 8' NGVD to the caves of the Building. VII. ~ Off-Street Parking: Dry storage facility- 1 space/lO dry slips. P~rking spaces noted are minimums and may Increase based on marina industry standards. VIII. Architectural Sttnchrds: Dry stom~ facility The building side facing the residential units to the north and the side facing the harbor ---- basin shall have the appearance of a block, b~c,k, lilt up conerie par~l~ tm:~o on lae~e.~ez. APR 13 1999 4 IX. Wetlands/Conservation: Areas designated WC (Wetland Conservation shall be protected by Developer granting a conservation easement or dedicating the same to the Naples Land Preservation Trust or other acceptable conservation oriented entity. X. Water Management; Water management will be conducted according to engineering best management practices and the requirements of the South Florida Water Management DistricL XI. Landscape buffers: A 40' landscape buffer will be provided along the northern side of entry road, buffering the adjoining residents to the north. An average - of 25' buffer area will be provided around the wetlands to the south. of the project. XII. Access: Primary access will be ~'om an entry located at a southern extension of Fern Street. It should be noted that the use of the land is not significantly different than that which was proposed in the Collier DRUSabal Bay Plan in that the land was extended by that plan to be used largely as a wet slip marina which would have been created by altering (i.e. excavating) ihe !and to form a waterway and marine harbor. In lieu of the wet slips, and excavation activity, the land will be used for dry. storage of boats in conjunction with a greatly reduced wet slip marine facility (i.e. 36 wet slips). Accessory and supporting uses remain essentially the same and include provisions for restaurants, marine repairs and sales and attendant required parking facilities. Therefore, it is the opinion of staff that the development strategy is similar although less intensive than that already approved. Under this scenario, authorizing the City to approve the development strategy described above will not significantly change the way the land is alreMy approved for uses. STAFF RECOMMENDATIOn: That the Collier County Planning Commission r~c~mmend approval to a Interlocal Gov~nment Agreement by and between the City of Naple~ and Collier County authorizing th~ City of Naples to approve a development plan for ~ lsmth lying in Collier County as de~ribed by tht Interlocal Government Agreement and Exhibits thereto. I ,~ --- RON D F. NIN ,' ~' ' DATE CURRENT PLANNING MANAGER REVIEWED BY: R/OB'~T J. MIYLITERE, AICP bATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number Staff Report for the April 1, 1999 CCPC meeting. 'OLLIER COUNTY PLANNING COMMISSION: MICHAEL J. BRUET, CHAIR_MAN CITY OF NAPLES INTER AGREEMENT STAFF REPORT/rod APR 13 1999 ~,~.// You:~o, vA~ zXSSE~E~P & VA~ADOE, P.A. ~ 19 ATTORNEYS ~T ~W ~ .... ~, B~UCE ANDERSON GALL~E'S HALL DANIEL H. COx POST Orr~C[ BOX 1833 DAVID P. HOPSTUTTEr* TAL~HASS[S, FLORIDA 3~302' 1833 C. ~URENCE KE~S(Y TELEPHONE (850)2~-7206 K~NZA VAN ~SEND[R~ TEL[COPIER 1850} 561-6834 GEORGE L. VARNADOE SUNTRUST BUILDING ~OY C. YOUNG · so-.= c~.,,,,~= ~.~ E.,.,~ ~,. M~ch 17, 1999 eo~ ~u.~ o.. O..~c, Su,rz 3~ POST OfFiCE Box 7907 NiPLtS, FLORIOl 34101-7907 D~ViD B. ERw~N T[LS~HON~ 19411 597-a814 Or COUNSEL TELCCOPI(R 1941) 597-1060 Ron Nino, Manager Current Planning Development Services Building 2800 North Horseshoe Drive Naples, Florida 34104 Re: Hamilton Harbor DRI/Interlocal Agreement Dear Ron: On November 10, 1986, the Collier County Board of County Commissioners approved the PUD rezoning for the portion of the Sabal Bay project located in Collier County (Ordinance No. 86-77: the CDC Planned Unit Development). The PUD master plan, Map "H," attached as an exhibit to the PUD document is identical to the DRI master plan approved by Collier County in its DRI Development Order (DO 86-2) approving Sabal Bay, issued on that same date. As you are aware, Collier Enterprises is proposing development of a much reduced marina and dry- storage facility, to be known as Hamilton Harbor, on 124 acres, most of which is within the City of Naples. Hamilton Harbor will have approximately 21 located acres located in Collier County and this acreage is also located within the CDC PUD and DRI approved by the County in 1986. The majority of the County 's portion of Hamilton Harbor will either be preserved or designated for water management/open space/buffer. Collier County's CDC DRI Development Order No. 86-2 approved a marina village center on County land east and adjacent to the boundary with the City of Naples. The marina village center was approved to consist of two 300-room hotels, 600 wet boat slips, 200 dry storage boat slips, a yacht club, harbor master facility and a marina speciality retail center. The portion of the proposed Hamilton Harbor DRI located in Collier County will be developed with dry storage, parking and right-of-way. This portion is located immediately south of Bay Street- between Fern Street on the east and the Collier County/City of Naples boundary on tll'i APR 18 1999 Ron Nino. Current Planning Manager March 17.1999 Page 2 CDC PUD master plan designated this parcel "R," for residential use. north of the north loop of the horseshoe-shaped marina access channel that was originally proposed as pan of the marina development plan. The north-loop of the channel to the marina depicted on the 1986 PUD plan, but never dredged, also comprises pan of the proposed Hamilton Harbor site. Immediately to the south of this "channel," there is a small parcel adjacent to the City of Naples boundary designated "MP," for marina parking, on the PUD master plan. The remainder of the proposed Hamilton Harbor parcel located within Collier County (generally that portion south of the northern marina access channel and east of both the marina parking parcel and City/County boundary) was designated "RO," recreational/open space I am enclosing a copy of the approved PUD master plan for your review: If you have any questions conceming Hamilton Harbor or the land uses depicted on the approved CDC master plan attached to Collier County's PUD Ordinance No. 86-77, please do not hesitate to contact me. Sincerely, Georg~e APR 18 1999 .1 t ,~ .,.,,-~-. · . .. : .,.. .- ,., "-..I ' 1..I;.I- ""' .,,,-~; .... .... r'f- .' -,.. · --"" ..."'~l i, ~.',.... '-- ~' :": ':2 INTERLOCAL GO~R.NlVI'~qT AGREEMENT This Agreement, is made and entered into this __ day of ,1999, by and between the City of Naples, Florida, a municipal corporation ("City"), and Collier County, a political subdivision of the State of Florida ("County"), pursuant to the authority set forth in Sections 125.01,163.01 and 163.3171(3), Florida Statutes, 1997. A. Collier Enterprises, a Florida corporation ("Developer"), proposes to develop "Hamilton Harbor", a Planned Development (PD) containing both wet slips and dry storage for boats, landing facility for marine related construction, boat fueling facility, mall restaurant, and ancillary facilities, such as marina office and store, (hereinafter referred to as the "Project" or "Hamilton Harbor"), which qualifies as a developmere of regional impact (DRID pursuant to Section 380.06, Florida Statutes. B. Approximately 103 acres of the proposed Hamilton Harbor a~ located within the jurisdiction of the City of Naples and approximately 21 acres are located within the jurisdiction of Collier County, Florida~ C. The City and the County recogniz~ that the water access and shoreline of the Project and the majority of the land comprising this Project are within the jurisdiction of the City of Naples, and that most of the resources that may be impacted by the Project are located within the City of Naples. D. The City and County reco!l;niz~ that implemtmtation of the Master Development Plan for the Project win requi~ the Developer to obtain f~m the City and/or County certain governmental approvals of the Project (herelna{~ "Project Approvals") which are defined to include the following: (1) Co~v~ plan amendme~ in the City. (2) Rezonin~ to Planned Development by the City. (3) Plarmed Unit Development zoning amendment by the County. (4) DRI dtwelolxne~ orders issued pursuant to S~'don 380.06, Florida Statut~ (1998), by both the City and Coup. (5) SiUs d~l~ plan s~xuvala, builal-~. permits and otber orders or at~pmvals from lt~ Cily axxi Gouttry pursuant to their r~pective Laul E. Collier Couaty has ~-,vi~'w~d tbe ~ l~j~ct, including the 1 nd us~~ 1999 4. Building and development permits for vertical/structure construction for the Project shall be subject to processing, review and approval by the local government within whose jurisdiction the property is located on which such building or development permit is requested, utilizing the applicable standards set forth in the PD Zoning Ordinance. 5. The City of Naples shall have sole jurisdiction to process any proposed amendments to the Hamilton Harbor PD Zoning Ordinance and DRI Development Order, including changes that constitute substantial deviations pursuant to Section 380.06(19), Florida Statutes, whether or not property within the County is affected and such changes shall be effective within the County, provided that the proposed changes do not exceed the development standards set forth in the attached Exhibit 3. In the event that changes are proposed to the PD Zoning Ordinance or DRI Development Order on land located within Collier County, and the proposed changes exceed the development standards set forth in Exhibit 3, then the County shall have authority to review and approve proposed amendments to its development order and/or the PUD Zoning Ordinance applicable to portions of the project within the County' s jurisdiction. 6. This Agreement shall be effective for a period often (10) years from the day and year first above written. ATTEST: BOAKID OF COMMISSIONERS COLLIER COUNTY, FLOKIDA By: DWIGHT BROCK, Clerk PAMELA S. MAC'KIE, Chairwoman Approv~d as to form and legal sufficiency: DAVID C. WEIGEL, County Atlomey ATTEST: CITY OF NAPLES, FLORIDA By: , Clerk WILLIAM BARNETT, Mayor KENNEI'H B. CUYLER, City Attomey ~ ,PR 1 1999 3 PI.ANNERS. }-NVIRt3NMENTAL CONSULTANTS, ENGINEERS, SURVE~tM~S, L-~NI~>CZAPE ARCi4ITECTS, CONSTRUCTION MANAGERS Description of pa~ of S~tions 22, 23 ~d 27, Toehip 50 Sou~, ~ge 25 ~ Collier Ce~, Florida (for Collier gnt~ns~) All d~t pa~ of S~tions 22, 13 ~d 27, Toeship 50 So~ ~ge 25 ~ Collier Count, Flen~ ~ing mo~ pamcularly d~efi~ ~ follo~: B~ing g ~c sou~ ~mcr of ~d S~ion 22; · cn~ ~ong ~e ~ line of ~d S~ 27, Sou~ 00~25'29' W~ 2328.66 f~ ~ l~ng ~d ~ion I~e Sou~ 89~32'18" W~ 1288.58 f~; ~cn~ No~ 00027'34" W~ 331.71 ~; · ~ no~terly 846.91 f~ ~ong ~ a~ of a mgenti~ circular cu~c ~n~vc to ~e ~u~ ~ng a ~ius of 800.00 f~t ~mugh a ~t~ ~gic of 60~39'19" ~d being subtcnd~ by a cho~ ~ b~ No~ 29%2'06" ~t 80791 f~ to a ~int of ~venc cu~amg; ~cn~ no~erly I011.26 f~ along ~c arc of a mgcntial circular cu~c ~n~vc to ~c no~ ~mg a radius of 750.73 f~t thmu~ a ~tml ~gle of 770 1 0 '46" ~d being sub~nd~ by a chord ~ich No~ 21°36'21" ~t 936.52 · cn~ No~ 16~59'02'' W~ 450.59 f~; ~cn~ No~ 50000'29'' ~ 226.72 ~; · ~ no~crly 113.41 ~ along ~c agofa mg~ti~ circular cu~e ~n~vc m ~ no~ ~mg a ~ius of 150.00 f~ ~r~ a ~t~ ~glc of 43~!9'08' ~d ~ing sub~d~ by a c~ ~ich ' b~n No~ 28026'43" ~ 110.73 f~ to a ~int of~m~und curator; · cn~ no~crly 320.89 f~ along ~e arc of a ~gcntial circui~ cu~c ~n~vc to ~c ~ ~ng a ~ius of 480.00 f~t ~rough a ~ntml ~gle of 38~ 18'I 3" ~d being sub~nd~ by a cho~ ~ich ~ No~ 12°21 '57' W~t 314.95 f~ to a ~int of revc~ cubaram; ~cn~ no~crly 109.67 f~ along ~e arc ofa mgcntial circular ~e ~n~vc to St ~ ~mg a ~ius of 100.00 f~t ~rough a ~ntml ~glc of 62~50'20'' ~d being subtcnd~ by a chord w~ch ~ No~ ~., 00°05 '54" W~ 104.26 f~ to a ~int of ~c~ cu~amm; $en~ no~erly 17 1.22 f~t ~ong ~e arc of a mgenti~ circul= ~ ~n~ve to ~e ~ ~mg a radius of 180.00 f~t throu~ a ~t~ ~gle o[54°30'00" ~d being subtend~ by a chord ~ch No~ 04°04'16'' ~ 1~.83 ~ · en~ North 23010'44'' W~ 123.01 ~; thcn~ no~hw~erly and ~terly 197.05 f~ along the arc of a mgential circular cu~e ~n~ve to sought having a radius of 100.00 f~t ~rou~ a ~ntml ~gle of 112%4'00" ~d ~ing subt~d~ by a chord which b~rs Noah 33~16' 16" ~ 16668 · ~ No~ 8904Y16'' ~ 110.00 ~ · ~ ~erly ad no~dy 2 13.10 f~ ~g no~ ha~ng a ~ius of 1~.00 f~ ~gh a ~nt~ ~gle of 122006'~'' ~d ~mg ~b~ by a cho~ which ~ No~ 28040' 16" ~ 175.01 f~t to a ~mt of ~e~ cu~m~; ~ No~ 12e42'26" ~ 70.82 i ~ No~ 5?47'36" ~ 67.46 ~ th~ ~cdy ~d ~~y 194.01 ~ ~g ~ ~mg a ~us of?5.~ i ~ a ~ ~gle of 148012'45" ~ ~m No~ 16e18'46" W~ 1~.27 t · ~ S~ 8~34 '~ 1" W~ 30.~ t th~ ~erly ~d s~edy 157.08 f~ al~g $e g of a ~d~ cir~!g ~ ~ ~ ~e cho~ ~ ~ S~ ~4'51" W~ 141.42 · ~ Sou~ ~5'09"~ 169.~ ~ S~ 35~40'05" W~ 58.~ ~ ~ ~ ~°10'~'~ 1~.01 ~ PI.,\NNEI.~'.-, E"J\/II{~'~NMENT.%i. CON.":,t.;I.T2NTS, ENGINEERS, ~en~ sou~erty ~d sou~westerly 10 1 .05 f~t along ~e arc ofa ~gential circular cu~e con~vc no~w~ having a radius of 50.00 f~t through a ~ntml ~glc of 115"47 '41 ' ~d being sub~ by a chord ~ich b~ Sou~h 34"43' 14' W~ 84.71 f~t to a point of ~m~und cu~amre: · en~ no~rly 256.0g f~t along ~e ~c ofa ~genti~ ci~ular cu~e ~n~ve to ~e no~ ~ng a radius of 220.00 f~ ~rough a ~nnl ~gle of 66~41 '32" ~d ~ing subt~nd~ by a cho~ whi~ b~5 No~ 5~°02' 10" W~ 24 l.g7 f~t; · en~ No~ 20~41'24"W~ 195.01 f~t; · ~ no~rly 3 12.33 f~t along ~e ~c of a ~gen~ circul~ cu~e ~n~ve W ~e ~ ~g a ~ius of 280.00 f~ ~ a ~n~ ~gle of 63~54'40'' ~d ~mg subt~ by a cho~ No~ 11015 '56" ~ 296.39 f~t to a point of reverie cu~a~; · ~ no~erly, no~erly ~d nobody 516.02 f~ along ~e arc of a ~genti~ ci~ ~n~ve to ~e ~ ~ving a radius of 300.00 f~ through a ~nt~l ~gle of 98'33'08" ~d subtend~ by a cho~ ~ich ~5 No~ 06~03' 18" W~ 454.72 · en~ North 55* 19'52" W~ 528.65 · en~ No~ 02*23' 16' ~ 275.02 f~; then~ nonh~terly 77.62 f~t along ~e ~c ofa ~gential circular cu~e ~n~ve to ~e s~ a ~dius of 50.00 f~ ~rough a ~nt~l ~gle of 88'57'~" ~d ~ing sub~d~ by a cho~ No~ 46*51 '48" ~ 70.06 f~ to a ~int of ~e~ cunm~; · en~ no~teriy 731.46 f~t along ~e ~ of a ~g~tial cir~lar cu~e ~n~ve to ~e no~ ~g a m~us of 1200.00 f~t ~wugh a ~t~ ~gie of 34'55 '29'' ~d being subtend~ by a cho~ ~i~ - No~ 73*52'36" ~ 720.19 ~t to a ~int of~e curator; then~ no~terly, northerly ~d no~teriy 134.88 f~t along the arc of a ~gential cir~[~ cu~e conuve w ~e ~ ~ng a radius orS0.00 f~t ~rough a ~ntm] ~gie of 154033'46' subtend~ by a chord ~i~ ~n No~ 20'52'02'' W~ 97.55 f~t to a point of reverse cu~; ~en~ ~erly ~d no~eriy 71.31 f~ ~ong ~e a~ ofa ~gentia] circul~ cu~e no~ ha~ng a ~ius of 35.00 f~ ~rou~ a ~tm[ ~gle of 116044, 18" ~d being sub~ by a cho~ ~ich ~ No~ 39~46'46'' W~ 59.60 f~t; · en~ No~ 18'35'23" ~ 68.45 f~; · cn~ No~ t3e49'59' ~ 340.07 ~t; · cn~ No~ 07e00'50' ~ t6t.59 ~; · cn~ No~ 82059'10'' W~t 35.00 · cn~ Noah 07e00'50'' ~t 14 .~4 · cn~ No~ 89~18'5~'' ~ 52~.45 thcn~ South 00© 13' 12" ~ 335.51 ~cn~ No~ 89e24'52'' ~ 1333.23 f~t; · cn~ No~ 00e32'30'' W~ 30.00 ~ No~ 8~4'52" ~ 50.00 ~; · ~ Sou~ 00e32'30' ~ 53~.45 ~; · ~ ~u~ 89~9'24' W~ 916.48 ~ ~ S~ 00e~'~~ ~ 453.~ ~ ~ ~ 89~9'24~ W~ 470.0 1 ~ · ~ S~ ~e~,~- ~ 2039.29 f~ ~ ~ Point orating of~c p~l hc~in d~ Subj~ to ~U ~ ~i~ of ~. ~n~mg 124.29 ~ ~ or i~. ~ a~ b~ ~ ~ Cemfi~ of au~ ~LB~3. ~ON, MILLE~ BARTON & PEE~ ~C. t - ~/~ .... 50 Ref. 4D-94 Not valid unless emlx~__t.~_ with the Pmfessional's seal. ._ F..XHIBIT "2" F'L.,~NNER,~, ENVIRONMENTAL CONS, tjLTA'NTS, ENGINEERS, I~VE~t~R~, L~NI~%(~APE ARCHITECTS, CONSTRL]CT1ON ~ANAGERS Description of pa~ of Se~ion 23, To~s~p 50 South, Range 25 ~t, Collier Count, .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: I) North 00°06'04" West 653,01 feet; 2) North 00°13'12" West 305.62 feet; thence leaving said section line North 89024'52'' East 1333.23 feet; thence North 00°32'30" West 30.00 feet; thence North 89°24'52'' East 50.00 feet; thence South 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 89029'24'' 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 00°06'04' West. Certificate of authorization #LB-43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, P.S,M. ~-4650 Rcf. 4D-99 Not valid unless embossed with the Professional's seal. '~X/II..~ON, MILLER, BARTON 6t PSEK, INC. ~z.o ..,,~ ,.,.. s,.,,. 200. ~ ~ ~.,.~. ~ .,~.~ ~ -'~ ,.,,,~PR 13 1999 EXHIBIT 3 DEVELOPMENT CRITERIA AND STANDARDS FOR HAMILTON HARBOR (within Collier County jurisdiction) I. Permitted Principal Uses: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Part oft>oat basin in conjunction with dry boat storage facility. B. Dry boat storage facility for a maximum of 450 boats, in conjunction with the marina facility on adjoining land within the City of Naples. C. Marine equipment and boat sales and display. D. Boat docking facilities. E. Marina related offices. F. Repair and servicing of boats, boating accessories and marine equipment. G. Marina related retail sales. II. Permitted Accessory Uses: Accessory uses and structures which are incidental and customarily associated with the above permitted use as follows: A. Incidental loading and unloading of marine supplies. B. Ponds/water management facilities. C. Parking lots. D. Landscape buffers. E. Yacht or sailing clubs. F. Signage, including internal directional signage. G. Sewage pump-out facilities. H. Fuel storage facilities. I. Accessory uses and strum which are incidental to and customarily associated with the permitted uses listed above. HI. Minimum Lot Area: 10,000 SF IV. Maximum Lot Coverage By Buildings: 50 percent V. Minimum Set.b~eks 50 feet fxom project perimeter boundary, as Principle and Accessory Buildings depicted Exhibit C General Site Plan, except for w~__t~ where the setback is 0 feet. VI. Maximum Buildin_~ Heiv.~t N~E7~A [L/.f~ - APR 18 1999 ~nr,.,m-s4r~/v.-: oil-,ueiam pg. ~D NIiIIi~i,I,41IO, iiiNJD,211~r] - , _ Dry storage facility 48 feet from 8' NGVD to the caves of the building. VII. Minimum Off-Street Parking Dry storage facility - 1 space/10 dry slips. Parking spaces noted are minimums and may increase based on marina industry standards. VIII. Architectural Standards Dry storage facility Due to the placement of the dry boat storage facility, existing mangrove trees and large ~cus trees in Bayview Park substantially hide the building from public view. The dry boat _ storage building facades will be a natural color to further blend in with the surrounding environment. IX. Wetlands/Conservation Areas designated WC (Weftand Conservation '-- shall be protected by Developer granting a conservation easemere or dedicating the same to the City of Naples Land Conservation Trust Fund or other acceptable conservation oriented entity. X. Water Management Water management will be conducted according to engineering best management practices and the requirements of the South Florida Water Management District. XI Landscape buffers A 40' landscape buffer will be pwvided along the northern side of entry mad, buffering the adjoining residents to the north. An average of 25' buffer area will be provided around the weftands to the south of the project. XIrl Access Primary access will be from an entry located at a southern extension of Fern Street APR 13 1999 -; EXECUTIVE SUMMARY >"' APPROVE THE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUSIANCE RESOLUTION 98-413 OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 98-413 for a public nuisance. CONSIDERATION: On October 6, 1998 the Board of County Commissioners adopted Resolution No. 98-413 assessing a lien for a public nuisance in the principal amount of $650.00 on the property described as commencing at the East one-half (E-l/2) of the Southwest one- quarter (SW- 1/4) of the Southwest one-quarter (S W- 1/4) of the Northeast one-quarter (NE- 1/4) and the West one-half (W- 1/2) of the Southeast one-quarter (SE- 1/4) of the Southwest one- quarter (SW-1/4) of the Northeast one quarter (NE-1/4) of Section 23, Township 49 South, Range 25 East, all lying and being in Collier County Florida and filed and recorded in the Public Records of Collier County, Florida Plat Book 2478, Page 3100, which is now owned by Palm Foundation. On December 31, 1998 the new property owner (Palm Foundation) paid the principal amount of $45~00. Staff recommends the remaining $206.62 in interest be waived because the current property owner was not the initial violator. Upon waiver of the interest this lien should be considered paid in full. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account 111 138911. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board waive the interest and approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on November 9, 1998 by Resolution No.98-413 recorded in OR Book 2478, Page 3100 of the Official Records of Collier County, Florida. AGENDA ITEM "" / APR 13 1999 PREPARED BY: , _~iA~,> I~2~_L~e,~:~;_~. DATE: ~//'7/c~ c~ ~l~~;~er Seaice Agent ~ REVIEWED BY: ~/LC_~.' c,~--~ DATE: 3 '/7- ~/~ Michelle Edwards Arnold, Director / Code Enforcement · .~: ~ --z ~ _ ~ ~ vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. BOARD OF COUNTY COMMISSIONERS 6R4a'. COLLIER COUNTY , FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: 0C] 0 6 Bina Properties Corp. 3615 Aquia Dr. Stafford, VA 22554-2704 REFERENCE 80310-064, 80310-065 & 80310-066 ~00265120000 LIEN NUFJBER: LEGAL DESCRIPTION: The East one-half (E-VI) of the Southwest one-quarter (SW-I/,)of the Southwest one-quarter (SW-'/,) of the Northeast one-quarter and the West one-half (W-'/,) of the Southeast one-quarter (SE-I/%) of the Southwest one-quarter (SW-'/%) of the Northeast one-quarter (NE'/,) of Section 23, Township 49 South, Range 25 East, all lying and being in COllier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the,office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 3/11/98 order the , o abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. .. Dead tree limbs & branches, boards, cardboard boxes, paper, plastic, ~-~ aluminum etc. You failed to abat~ such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 450.00 and administrative cost of $ 200.00 for a total of $ 650.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on OC] O 5 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. AC~_NDAIT[~ CSce 9-1/93 APR 13 1999 -- EsoLuTIoN .0.98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days afEer the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after' due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA~TE ~ LEGA~ DESCRIPTION ~ COST Bi~a ~rop.rt~os Co=p. ~ho Z,.t o,o-ha~Lt_z.:'/:~[..e~' $650.00 3615 Aquia Dr. the SOa~w~:'~ne-cfuarter Stafford, VA 22554-2704 '~W~s/,)~f the Southwest'~ ~on.e-quarter°.(SW-'A) ~Northeast o~e'-~nrt~r~ (NE;JA) / &n~ the West one-half [mf~th'~' '~h~ast one-quarter~ REFERENCE: 80310-064, 80310-065 & 80310-066 ~00265120000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described proper~y, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according ~o law, unless such directiqn in stayed by this Board upon appeal of she assessment of the owner. ATTEST: BOARD OF CO~TY COMMISSIONERS DWIGHT E. BhOCK, CLERK COLLIER COUNTY, FLORIDA ~ove~ ~s ~o ~o.M 2393398 0R: 2478 PG: 3 UU AG~A LEGAL SUFFICIENCY: RICCIDID co,z, z' PR 13 1999 f~CO~TY ATTORNEY ietn: CLllI ~O THI BO~D CSce 11 - 1/98 IN~!R0~JIC! This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00265120000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 98-413 against: Bina Properties Corp. 3615 Aquia Dr. Stafford, VA. 22554-2704 The lien was recorded on November 09, 1998 Official Record Book 2478, Page 3100, in the 'Official Records Office of the Clerk of the Circuit Court of Co: ' ' ~unty, State of Flodda. The lien secures the principal sum of Six Hundred Fifty (65(: , ~, As accrued interest and penalties, if any, and imposes certain obligation against real ~: ~rty situated in Collier County, Florida, which property is described as follows: The East one-half (E-1/2) of the Southwest one-quarter (SW-1/4) of the Southwest one-quarter (SW-1/4) of the. Northeast one-quarter (NE-1/4) and the West one-half (W-1/2) of the Southeast one-quarter (SE-1/4) of the Southwest one-quarter (SW-1/4) of the Northeast one quarter (NE-1/4) of Section 23, Township 49 South, Range 25 East, all lying and being in Collier County Flodda. 80310-064, 80310-065,80310-066 Folio~00265120000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Pamela S. Mac'kie Chairwoman Approved as to form AGENDA ITEM and legal sufficiency No._ r/~'/',/7)/' APR 13 1999 Pg. -, ~ EXECUTIVE SUMMARY ACCEPT SECOND AMENDMENT TO THE 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND VISIT NAPLES, INC. OBJECTIVE: To have the Board of County Commissioners accept a second amendment to the 1997 Tourism Development agreement between Collier County and Visit Naples, Inc. CONSIDERATIONS: In August of 1998, the Tourism Agreement between the County and the Naples Area Chamber of Commerce expired, which included funds budgeted for fulfillment requests (i.e., responding to information requests via packaged mailings, etc.). Visit Naples, Inc. then assumed responsibility for these requests the remainder of FY 1997-98. However, the Visit Naples Tourism Agreement for FY 1997-98 did not reflect this expense as a line item. Visit Naples, Inc. has realigned their program budget to make funding available to include fulfillment expenses in the amount of $15,948.15. On 1/25/99, the TDC recommended paying the fulfillment expenses incurred by Visit Naples for the period covering August 5-September 30, 1998. This agreement is an amendment to the standard 1997 tourism agreement. SUPPLEMENTAL MATERIAL: Copies of the amended tourism agreement are available for review in the Housing and Urban Improvement office and in the office of Minutes and Records· FISCAL IMPACT: There is no fiscal impact on the Tourism Development fund budget. Visit Naples, Inc. has realigned their program budget in order to absorb this expense. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the amendment to the 1997 Tourism Development agreement between Collier County and Visit Naples, Inc., and authorize the Cha~rwo. n to ~gn the ~; PREPARED sv: i · ' ~lelene Caseltine Economic Development Mgr. REVIEWED BY"' G~ , ihalic, Director ~te APPROVED B Vincent A. Cautero, AICP, Administrator Dab N Community Dev. & Environmental Seaices APR 13 t999 EXECUTIVE SUMMARY ACCEPT SECOND AMENDMENT TO THE 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND VISIT NAPLES, INC. OBJECTIVE: To have the Board of County Commissioners accept a second amendment to the 1997 Tourism Development agreement between Collier County and Visit Naples, Inc. CONSIDERATIONS: In August of 1998, the Tourism Agreement between the County and the Naples Area Chamber of Commerce expired, which included funds budgeted for fulfillment requests (i.e., responding to information requests via packaged mailings, etc.). Visit Naples, Inc. then assumed responsibility for these requests the remainder of FY 1997-98. However, the Visit Naples Tourism Agreement for FY 1997-98 did not reflect this expense as a line item. Visit Naples, Inc. has realigned their program budget to make funding available to include fulfillment expenses in the amount of $15,948.15. On 1/25/99, the TDC recommended paying the fulfillment expenses incurred by Visit Naples for the period covering August 5-September 30, 1998. This agreement is an amendment to the standard 1997 tourism agreement. SUPPLEMENTAL MATERIAL: Copies of the amended tourism agreement are available for review in the Housing and Urban Improvement office and in the office of Minutes and Records. FISCAL IMPACT: There is no fiscal impact on the Tourism Development fund budget. Visit Naples, Inc. has realigned their program budget in order to absorb this expense. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the amendment to the 1997 Tourism Develop ent agreement between Collier County and Visit Naples, Inc., and authorize the Chairwo n to ign the ~~ [ ~I,~j,.,.j/LL eemen PREPARED BY: (' ~.~ r'~ ~ ( q ~ · ' Helene Caseltine I i)~te I Economic Development Mgr. _ REVIEWED ~ ihalic, Director D~te n Improvement APPROVED BY: Vincent A. Cautero, AICP, Administrator Date Community Dev. & Environmental Services SECOND AMENDMENT TO 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND VISIT NAPLES, INC. REGARDING ADVERTISING AND PROMOTION THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into this __ day of ., 1999, by and between Visit Naples, Inc., hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the GRANTEE and the COUNTY entered into a 1997 Tourism Agreement dated August 5, 1997 (the "Tourism Agreement") in the amount of $580,200.00; and WHEREAS, the GRANTEE desires to amend the line item budget attached as Exhibit "A" to the Tourism Agreement; and WHEREAS, the GRANTEE and the COUNTY desire to amend the Tourism Agreement. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Exhibit "A" to the Tourism Agreement shall be deleted in its entirety and replaced with the new Exhibit "A" attached to this amendment. 2. Except as set forth herein, all of the terms and provisions of the Tourism Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Ch~ WITNESSES: GRANTEE Visit Naples, Inc. Printed/Typed Name .... By: ~ Printed/Typed Name Print/Name and Title (corporate seal) Approved as to form and Heidi F. Asht~n Assistant County Attorney h:hWhfaJ99 tdc agreement/2nd Amendment Visit Naples, Inc. 2 a~i~ Uy; nu~ ~lo~ooool UZ/ZZi~ 1U:I~AM doD ~Z~ ~age ~/4 EXHIBIT "A" - revised 2/15/99 1998 PROGRAM BUDGET 1998 BED TAX ALLOCATION $580,200.00 PROMOTION Advertising 229,835.8(I media placement Pro[~ssionai Pubic Relations Services 82,847 32 includes strategic planning, facilitating marketing plans, designing promotional materials and programs, and media liaison services Production 24,060.61 includes graphic design and layout services, slide reproductions, text translation and photography Collateral Materials I 17,229. I 0 includes the printing of the destination guides, newsletters and other pieces Media Relations 37,927.36 includes photocopies, mileage, news release production and distribution and press excursion expenses Travel Agent Relations Expenses 7,525.90 includes communications, mileage, postage and on-site familiarization expenses Trade Show Expenses 24,58024 includes booth registration, supplies and travel expenses Collaborative Efforts w/Marco Island & The Everglades CVB includes familiarization trips, trade shows and joint advertising PROGRAM EVALUATION Market Research 5,418 27 includes collecting and assembling occupancy and visitor data Clipping Service 1,817 ~5 bent Dy: HUi 94~U4~U~31 02/22/99 10:19AM Job 923 Page 4/4 ADMINISTRATION Accounting Services 7,676.25 Insurance 9,333.15 Administrative Costs 16,000.00 includes postage, telephone expenses, mileage, subscriptions, and other office costs FULFILLMENT Fulfillment Services includes 800 service calls, brochure mailing, faxes, postage and other fulfillment services 15,948.15 TOTAL $580,200.00 j Mr. Grog Mihalic TDC Coordinator/Housing and Urban Improvement 2800 North Horseshoe D~vc Naples, FL 34104 Dear Oreg, As you know, the Naples Area Chamber of Commerce held the contract for fulfillment. This contract expired in August of I99'1 and Visit Naples, Inc. assumed fulfillment responsibilities for the rest of that fiscal year. We did not have a line item for fulfillment in our contract under PO a800 l 01 but incurred $15.948.15 of fulfillment charges for the p.criod August S-September 3 0 of 1998. We respectfully request that the following line items be adjusted ax.~rdin~y adding fulfillment to our contract. Line Item Current Contract In~a~e/ Revised Budgeted Amoum Decrease Budget Amount Advertising 230,000.00 (164.20) 229,835.80 Public Relations "' 83,000.00 (152.68) 82,847.32 Production 24,200.00 (139.39) 24,060.61 Collal. eral 120,000.00 (2,770.90) 117,229.10 Media Relations 38,000.00 ( 72.64) 37,927.36 Clipping Service 2,500.00 (682.15) 1,817.85 Travel Agem Relations 10,000.00 (2,474.10) 7,525.90 Trade Shows 30,000.00 (5,419.76) 24,580.24 Co!laborative with Marco 0.00 NIA 0.00 Market Research 9,000.00 (3,581.73) 5,418.27 Accounting 8,000.00 (323.75) 7,676.25 Insurance 9,500.00 (166.85) 9,333.15 Administrative Costs 16,000.00' 'N/A 16,000.00 Fulfillment 0.00 15,948.15 15,948.15 TOTAL 580,200.00 0.00 580,200.00 Thank you for your consideration of this request. , ..interely,, ~'~m"i~itthews 1409 GULF SHONE BOOL~VAR9 NOHTH, SUITE 218, NAPL!~$, FkOlimi. 24102 -U.S.k Mmmging Director rao~ 941-403-2015 A wopK~fiw offerr tumf~ ~y tl# C#lli#r ~ounlF T#ud#t llev~lal~ment T#x EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF VILLAS AT GREENWOOD LAKE AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Villas at Greenwood Lake. CONSIDERATIONS: The Board of County Commissioners on February 23, 1999 approved the final plat of Villas at Greenwood Lake with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $483,754.50, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $814,688.05, which includes the required Excavation Permit Security. The developer has provided a Construction, Maintenance and escrow Agreement as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $9437.59 Fees are based on a construction estimate of $483,754.50 and were paid in October, 1998 and are reflected in the Executive Summary of February 23, 1999. AG :ND^ rmM APR 13 1999 Executive Summary Villas at Greenwood Lake Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Villas at Greenwood Lake", with the following stipulations: 1) Accept the Construction, M=?=.intenance and Escrow Agreement as security to guarantee c::mplet!on of the Subdivision impro\'ements. 2) Authorize the recording of the final plat of "Villas at Greenwood Lake". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas~. Kuck, P.E. Date Engineering Review Manager .. , Robert Mulhere, AICP Date Planning Services Department Director APPROVED.~Y: z~ Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION APR 13 1999 I!j 7 -P6 .. 08-50-P6 09-50-~6 13- ,~.- ~,, ~ SITE ~ 17-50-86 16-50-86 [ [ -- 19-50-86 N ' - ' · " .... :. ~. r,-~-7, ' ...... ~~~~, -'~~~~~_~..~~ ..:-~'- _~_ ..... FROM: AGNOLI BARBER BRUNDAGE PHONE NO.: MAR. 11 1999 03:47PM P2 CONSTRUCTION', MAINTENANCE AND ESCROW AGREE.MENT FOR SUBDIVISION IM. PROVEME~'fS THIS CONSTRUCTION, MArN'TENANCE AND ESCROW AGREEMENT FOR SUBDYv'ISION EMPROVE.MENTS AGREElvENT entered into rids day of 1999 by A.R.M. DEVELOPNENT CORP. OF NAPLES, INC., A FLORIDA CORPORATION, (hereinafter "Developer"), THE BOARD OF COUNTY CO1VL'MISSION~ERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and ATLANTIC STATES BANK, (hereina~er 'L ender"). PREMISES A. Developer has, simultaneously with the delivery. of this A~eement, applied for the approval by the Board. ,of a certain plat of a subdivision to be knovm as: Villas at Greenwood Lake. B. The subdivision will include certain improvements which are required by Collk'r CoLor)' ordinances, as set forth in a site corkstruction cost e~imate ("Estimate") prepared by Agnoli, Barber and Brundage, Inc., a copy of which is at'cached hereto and incc~orated herein as Exhibit 1. For pu~oses of this A~eement, the "Required Improvements" are limited to those described in the E.ccimate- C. Sections 3.2.6.5.6 and 3.2.9.1 of~c Collier County Subdivision Code Di~sion of the Unified L~md Development Code requires ihe Developer to provide appropriate guarantees for the consu'ucfion and maintenance ':f the Required Improvements. D. Lender has entered into a construction loan ag'reement with Developer dated f~/>~/~ ? (the "Construction Loan") to fund the cost of the Required Improvements. / E. Developer and the Board b2ve acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is .$..814.688.05, and this amount represents 110% of ttxe Developer's en.mneefs estimate of the construction costs for the Required Improvements. AGE..NDA ITEM APR 13 1999 pE. 1'/ ] .... FRdM: AGNOLI EARSER BRUbIDAGE PHONE NO.: MAR. 11 1999 05:47PM P3 NOW, THEREFOE, in consideration of the foregoing .l?rern~se and mutual covenants herein'after set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer w~ll cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $814.688.05 from the Construction Los. n, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $814,688.05, from the Construction Loan, to bc disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not con~imte a draw again~ the Conmet'ion Loan fund, but that only such funds as are aztually disbursed, whether pursuant to this A~eemem or a provision of~e Construction Loan, sh~ accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more t.h~n once a month 1o the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and fi2rther, that upon completion of the work, the Development Services Director shall approve the release of any remainder 8f escrowed funds except to the event of S74.062.55 which shall remain in escrow as a Developer guar,-mry of maintenance of the Required improvements for a minimum period of one (t) year ptz~_uant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply v, ith the requirements of ~fis Agreement, then the Lender agrees to pay to the CotroD' mm~ediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the CounD', the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Service Director to the effect that: ~N~A ITEh~ · 2 Pg..~C~ _ FROi~: AGNOLI BARBER BRUNDAGE PHONE NO.: MAR. 11 1999 03:4~PM P4 t~il~e ~ failed to comply wi~ ~e requiremen~ of ~s ~reemen~; The Co~', or im au~ofi~d ~en~ ~I1 complete ~c wo~ ~led for ~der · e toms of ~e above-mentioned con~t or ~11 complem such ~on of such work ~ ~e Co~ty, in its sole discretion shah deem neces~ in public ~tcre~ to ~c cx~en~ of~e ~& ~en held in escrow; (c) ~e escrow ~ds &a~ do~ by ~e Co~ty sh~l be ~ed for com~c~on of ~e Keq~ed Improvements, en~ee~ng, legal ~d coffingent cosm ~d expemes, ~d to offset my ~ag~, cider d~ or ~m~nfiL wMch ~e Co~' may s~t~n on accost of ~he fail~e of ffit Dcvelopcr ~o c~ out ~d execute ~e abeve-mem~oncd development work; ~d, __ (d) ~e Co~ ~11 promp~y repay ~o ~e L~der ~y po~on of~e ~ds do~ ~d not expended in completion of the s~d development work. 5. Wrinen notice to the Lender by the Count, s~ci~'ing wh~ ~o~ ~c to be p~d to ie Developer shall constitute authofi~fion by the Co~ to the Lender for reIe~e of sp~cd ~mds to ~e Deve]o~r. Pa~ent by the l,ender m ~e Developer of~e ~o~t~ ~ecified ~ a lc~r of au~ori~tion by ~e Co~ty to ~e Lender shall ~mfimte a rele~e by ~e Co~' ~d Developer of ~e Lender for ~e ~ds dlsbu~d in accor~ce ~ ~e le~er of au~ho~ntion ~om ~e Co~D'. 6. 'Ile Requ~ed hnprovemen~ sb:~i not be co~idered complete ~l a statement of subs~ti~ completion by De' :~oper's engim~ along ~ the fin~ project recor~ have been ~ished to be reviewed ~d approved by ~e Development Se~ces Diretot for ~mpH~ce wi~ ~e Collier Co~ Subdivision Regulations. FRO~: AGNGLI BARBER SRUNDAGE PHONE NO,: MAR. 1! 1999 03{49PM P5 7. The Development Sen'ices Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer, in writing ofkis preliminary,' approval of the improvements; or b) nodfy the Developer in writing of his refusal to approve' the improvements, therewith specifying those cond/tions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements, However, in no event shall the Development Services Director refuse preliminaO.' approval of the improvements if they arc in fact constructed and submitted for approval in accordance with the requirements of this Agr~ment. 8. Should the fu~nds held in escrow be insufficient to complete the Required lmprovemens, the Board, after duly considering the public interest, may at its option complete the Required Improvemenus and resort to any and all legal remedies against the Developer. Nothing in tkis Agreement shall make the Lender liable for any funds other thsn those placed in deposit by the Developer in accordance with the foregoing pro~-ision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrew Agreement. 10. The Developer shall maintain all Required Improvements for one year a.,-~er preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board. the Lender's responsibility to the Board under this Agcement is terminated. Yhe Developer's responsibility for maintenance of the required improvements shall continue unless or urltil the Board accepts maintenance responsibility for and by the Count'. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. AGENDA I"E, Id No,~ APR 13 1999 I>&o_ /'/ 4 FROM: AGNOLI BARBER BRUNDAGE PHONE NO.: MAR. 11 1999 03:58PM P6 IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement to be executed by their duly authorized representatives this clay of · 1999. A~R.M. DEVELOP CORP. OF NAPLES, INC., " E OF: A FLOP, IDA CORP TION " By: Printed name Printed nam:e ATLANTIC STATES B.4aNK Printed name Printed name ',t ~e.~ ~ ~,,~ ~ ~. ~'~ P~inted name ATTEST: BOr'uRD OF COUNTY COMM2SSIONERS D~'iGHT E. BROCK, ~.ERK OF COLLIER COUNTY, FLORIDA By: .... Deputy Clerk PAMtiLA S. MAC'K/E, CHAiRWOM.&N FROrl: AGNOLI BARBER BRUNDAGE PHONE NO.: MAR. 11 1999 03%51PM P8 FR~.1: AGNOLI ~ARSER ~RUNDAGE PHONE NO.: MAR. 11 1999 03:51PM P9 EXECUTIVE SUMMARY APPROVAL OF SITE ALTERATIONS EXCEEDING 25 ACRES FOR CLEARING AND FILLING IN THE CEDAR HAMMOCK GOLF COURSE DEVELOPMENT OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to permit site alterations exceeding 25 acres for clearing and filling in the Cedar Hammock Golf Course development. CONSIDERATIONS: U.S. Home Corporation, the developer of Cedar Hammock, has requested permission to clear and grade the entire site of this project during the construction of the golf course, lake excavations, the water management system and perimeter herruing. A copy of their request is attached. The project is comprised of the following: 1. Total Project 417 Acres 2. Golf Course Area 97 Acres 3. Lakes 72 Acres 4. Preserved Area 132 Acres 5. Residential Area 116 Acres The request to clear and fill the residential areas outside Phase I (97 single family lots) is based on the need to "properly utilize" the fill that will be generated from the on-site lake excavation. The construction of the golf course together with the entire lake excavation creates the need to provide an area for placement of the excess fill on the future residential sites. The Land Development Code, Section 3.2.8.3.6, Paragraph 3 states: "Site alterations requiring more than 25 acres to properly utilize fill generated on site will require approval of the B.C.C." In accordance with this Section of the LDC, we recommend the Board's approval to clear and fill the entire site in compliance with the approved overall development plan. FISCAL IMPACT: There will not be a financial impact on the County based on the approval of this request. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: None. Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. RECOMMENDATION: That the Board approve the request to approve site alterations exceeding 25 acres and authorize staff to process the permits to clear and fill the entire site in accordance with the development plan approval PREPARED BY G. THOMAS KUCK, P.E. DATE ENGIEERING REVIEW MANAGER/COUNTY ENGINEER REVIEWED BY: R/OBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVE~BY: ~_ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. TK/den/H:?Marie's EX SUMMARIES AGENDA IT~dVl APR I 3 1999 2 Prolessional Engineers, Planr~ers & Land Surveyors March 22, 1999 Mr. Tom Kuck Collier County Development Services 2800 Horseshoe Drive N. Naples, Florida 34104 Reference: CEDAR HAMMOCK Dear Tom: Cedar Hammock is a proposed golf course community to be developed by US Home Corp. The project is located near the comer of Davis Boulevard and CR 951. We previously submitted a Clearing Permit Application for the Phase I Subdivision Infrastructure Improvements for the Cedar Hammock property. The Phase I Subdivision Improvements will include the construction of the main boulevard, the exc~(~'ation of all lakes, the construction of the golf course, development of 97 single family and duplex lots, and the completion of the Surface Water Management System. In order to complete the Surface Water Management System in the first construction phase, all lake excavation, perimeter berming, and site filling will need to occur as part of Phase I. This will require site clearing of more than 25 acres. These site clearing activities are required to "properly utilize" fill generated from onsite excavation. In our meeting, you indicated that you had no objection to our proposal, but that this request would require Board of County Commission approval. Please accept this letter as our formal request for "site alterations exceeding 25 acres to properly utilize fill generated from onsite excavation". Please schedule this request for review by the Board of County Commission. We appreciate your assistance with this matter. If you have any questions or require additional infonnation, please give me a call in our Naples office. Sincerely, BANKS ENGINEERING, INC. Vice President Lee Count: 10501-104 Six Mile C~ress P~kway, Fo~ Myers, Florida 33912' (941)939-5490. F~ (9, 939-~ 23 Collier County: 2150-701 Goodle~e Road, Naples, Florida 34102 ' (941~03-8866 · Fn (941~03. ' EXECUTIVE SUMMARY REQUEST FOR AUTHORIZATION TO PAY FOR A TRANSPORTATION ANALYSIS PREPARED BY URS GREINER WOODWARD-CLYDE RELATED TO THE COMPREHENSIVE PLAN AMENDMENTS FOR DENSITY REDUCTION. OBJECTIVE: To authorize payment to the consulting firm URS Greiner Woodward Clyde for a transportation analysis of build out conditions for the Comprehensive Plan Amendments regarding density reduction. BACKGROUND: On June 2, 1998 the Board of County Commissioners directed staff to prepare comprehensive plan amendments for density reduction in both the urban and rural areas. In order to prepare those amendments, an analysis of the traffic impacts based on the current buildout conditions was necessary along with an analysis of the impact of the proposed density reductions. Staff contracted with URS Greiner Woodward Clyde, who prepared the original modeling efforts for the 2020 needs assessment for the Metropolitan Planning Organization, to prepare the transportation ,..,.,.... analysis. CONSIDERATIONS: URS Greiner prepared a buildout analysis of existing conditions under the current Comprehensive Plan and with the proposed density reductions modeled on the 2020 needs assessment transportation network. Four scenarios were developed including the Immokalee Urban Area at 50% and 100% buildout conditions. That analysis was presented to the Board Workshop on Density Reduction on March 19, 1999. The total cost for that transportation analysis was $24,500. Staff has attached the information on the work products prepared by URS Greiner and requests Board approval of a budget amendment to facilitate payment. GROWTH MANAGEMENT IMPACT: The proposed amendments to the Comprehensive Plan to reduce density will need to be prepared in order to withstand a challenge under the Private Property Rights Act and to place the County in the best possible position for potential litigation. FISCAL IMPACT: A budget amendment, in the amount of $24,500 from Community Development Fund Reserves, will be needed. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the amount of $24,500 from Community Development Fund Reserves for the transportation analysis prepared by URS Greiner Woodward Clyde. ~_.~5 APR i 3 1999 Barbara A. Cacchione, AICP, Manager Comprehensive Planning Section B: ,,,-~ , ~ ~_ Reviewed y ,,4.,- .,/~./. Z-- Date: R~be.~';.I. ulh. ere, AICP, Director' Approved Vinc'~fit A. ~a~tero, ~,l"~,~'~iiSr Date: Community Development & Environmental Services Division 1999 ~002 0_3/_1.81.9.9 TI~' 16:4T FAX ................. t,, DRAFT OUTLI~E - BUrt-rsOUT CONDITIONS ANALYSIS rev. 12/22 PURPOSE: The purposa r.fthis effort is to investigate the effect on assi;nm=ut volumes on the 2020 N~d~ Assessment network of four ]and ~ scenarios. DURATION OF ~ PROJECT: The Corxaultant a~rees to oornple~e the analysis witlxin fifteen working clays of the ]azer of: r~ceipt of t Notire t~ Proceed; or r~ceipt of liibles of TA. Z content changu 5e=essNy to model the different scenarios. The TAZ context chang=s, in digital form, ere to b= providecl by Collier County Planning SCOPE OF WORK: The C 0nsultznt will i~-rurm the Model Two_Land Us~ .Scenarios on the 202Q Needs Asse.ssment Network The ~r~ scenario will include buildout of ill TAZs, exr~l~ for lands ur~der public o~nerslxip, for the Coutal and Immoka/cc Urban ~'ela. ~orth Goldtn Oite Es'mles. and the Rural area. A slr. ond run afthis scenario would be completed to incluch,. a 50e/. buffdour condit/on for tbc Immak~e~ Urban Aria. A. Mocli~ the ?_~taxa ser. s t~sed to l~oda=e the 2020 Neeis Assessment network based on TAZ cou~ent changes provided by Collier County. B. Run ~e FSUTMS mo~ el onr.= ~ the revise~ zilata sets on ~e 2020 Needs Assessment network to proc[ur-~ ssstgixment vclurnes. C. Provide, for each Jc~nlrio, a table of~he Collier County li/x~ in the network, their usj_~a~elzt volumes, rnirtimum standard sen,ice vohun=s, and ~e ritio of the two, Ix~th on paper anti on diskett~ as spreadah~t file. D. Provide on diskette, fo; each scenario, a set of FSLrIJ~ Files, including tbc Ioadr.,d ]2jghway networJL 2. Model on ~e 202Q N~eds Ass~..sm.e. llt Ne.twork ..T~o Land .U.~e Scec[rio. s That Luclgde.Prooosat Densi~ Reductions Complete items A throuBh [3 aFtore for a second pair ofs~cnarios. This scenario will ~nclucle buiJdout condit/ons based on the z~tuctions in densit)' djre~ctcc[ by the ]JCC forthe Urban Area, the P~ural Area and Conserv~oo areu. T'nLs would also include buildnut for North Golden Gate and ~c LmmokaJee Urban Area. A second run oftM~ scenario would be completed to include a SO% buildout condition for ~e trnrnokalee Urban Ares. Note: Tbcrc is no nccd at this ti tile to go Throug~ the itsrat/re process of making needed lane ~ cha~ges and re-~unning the model for any s~l:narlo. That task may be roq~ired at a later d~te once the decisions are made reg~Lrding density re~lmtiorts. TLere is no need for~-~een in this task for meetings or presentations in CoJJier County. PRCUI:CT COSTS Costs associate. d ~ this t,~sk ~ ~e stipulated sum amounts. The stiptllsrai sums ere summarized Model run cn th~ :~020 ~ree~ls A ;sessment Network and d~iivery ofproducr~ desert'bed above (four) · o.~ Mc~d=i'runs revised /~p~ 13 ~999 03/18/99 THIj 16:47 FAX ~ 00 ATTACHMENT B URS GREINER WOODWARD-CLYDE Buildout Conditions Analysis for Collier County . Pf~e~ SinVat CADD/Qi9 r$c?/tm:~r,/ A C TIVITY Drebnaen !Task '1A - Modify 2020 reeds data, lets '12! 24 38 '= {Tesk 1C - A.sNgnment $pteadshNt= 2 ~ 12 ; 't6 ~ 6 { 52 Tm qD - MNtings/Detl~rel~s.I, 8r 12 16 4 4 ~ Ta. sk 2A - Modl.fy 2020 needs oe.~ let,s 2 { 18 26 :Tam 2B - Mode4 Aa~gr~mentm 2i 16 ~k 20 - Meet~n(~i~)eiivarabl~ 8I ! 18 [ . 401 Salary ~te pet I-.~.jm $37.69 i $33.491 $27.75 i $26.04 1 $q9.7'2 ~ $q 2.64 i hlryC. oets; $1,060,9'2; $2,679.20j $3.7'74.0Qi $0.00~ $0,00! UU.80j S8,36g.72 (Man) Pert,/ Days X $ __ Excer~ Travel Time X $ TOTAL HOURLY SALARY cOrr$ Factor for ore?heed, fringe benefits & oDerating margin X 2,8864 SuMoil = $24~15&38 Dir'e~t Reirnbursal:}le! = $341.80 Sub-conlult, e, nt - == 14:).00 TOTAL $24e500.16 o,,=,,~ co~,mw~ APR 13 1999 03/18/99 Tt:K7 16:48 FAX ~ 00 URS GREINER WOODWARD-CLYDE Buildout Conditions Analysis for Collier County AERIAL PHOTOGRAPHY Roadway -- Sheets x $ = $ 0 Right of Way Maps = Sheets x $ = $ 0 $0.00 MATERIAL/PRINTING (B~PrLAR) 0 Shests x 0 ~ 0 $0.00 !Reproduct/on i Blueline L Sepia ~Xerox ;Roadway I ~BridSte i J ~Utilities [ ~ J ~Miscellaneous Z I ~-. . Total TOTAL SHEETS Costs: Sepia - Sheets (~ 1/Sheet - $0 Blueline -- Sheets @ 0.72/Sheet ~ $0 Color Xerox'- 120 Sheets ~ 1.00/Sheet = $120 $120.00 Xerox -- 500 Sheets @ 0.1/Sheet - $50 $170.00 TRAVEL (From Tampa) To Project: (Collier County) (Per Diem) tdps x people x day/tnp x par diem ~ $0.00 (Corn) trips x people x per thp = $0.00 (POV) 0 ~rips x 360 miles x 0.31 5 per mile =, $0.OO (Rental) trips x ( day/tdp x dally rate ~- miles x rate) = $0.00 To District: (Per Diem) trips x people x day/trip x per diem = $0-00 (Corn) trips x people x per trip = $0.00 (POV) trips x miles x 0.315 per mile r. $0.00 (Rental) trips x ( day/trip x daily rate + miles x rate) = $0.00 To Ft- Myers (Per Diem) tdps x leoDie x day/trip x per diem - $0.00 (Corn } tdps x people x per trip -- $0. (POV) tdps x 0 miles x 0.315 per mile -- $0.00 (Rental) trips x ( day/trip x daily rate + miles x rate) =, $0.00 SHIPPING AND TELEPHONE 4 packages 12.95 ldel~very $5'i.80 OTHER (iTEMIZED) CADDICOMPUTER hours x 17.00/hour = OTHER $O.OO TOTAL F_J APR EXECUTIVE SUMMARY ./-- REQUEST FOR ADDITIONAL FUNDING TO PREPARE WORK PRODUCTS RELATED TO THE COMPREHENSIVE PLAN AMENDMENTS FOR DENSITY REDUCTION. OBJECTIVE: To provide additional funding for the contract with Robinson & Cole LLP to prepare work products for Comprehensive Plan Amendments regarding density reduction. BACKGROUND: On June 23, 1998 the Board of County Commissioners approved funding to retain the legal services of Robinson & Cole LLP to assist in the preparation of Comprehensive Plan Amendments regarding density reduction. At the Density Reduction Workshop on March 19, 1999 the Board directed revisions to the proposal to mitigate density reduction in the Urban Area through development of an interim process. CONSIDERATIONS: In order to prepare these modifications to the proposal, staff is requesting $30,000 to fund the completion of the additional work products. The time frame for completion is expected to be within the 45 to 60 day period specified by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: The proposed amendments to the Comprehensive Plan to reduce density will need to be prepared in order to withstand a challenge under the Private Property Rights Act and to place the County in the best possible position for potential litigation. FISCAL IMPACT: A budget amendment, in the amount of $30,000 from Community Development Fund Reserves, will be needed. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment, in the amount of $30,000 from Community Development Fund Reserves, in order to complete the work products necessary for the Comprehensive Plan amendments for density reduction. Barbara A. Cacchione, AICP, Manager Comprehensive Planning Section Reviewed By: ~ -- ~ Date: i~ob~'.rt J. ulh. ere, AICP, Director l/~/~e~ Date: Approved B ~ncen~ A. Ca~ero, AICP"7'Administrator Community Development & Environmental Services Division 1999 EXECUTIVE SUMMARY APPROVE THE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUSIANCE RESOLUTION 94-496 OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 94-496 for a public nuisance. CONSIDERATION: On July 19, 1994 the Board of County Commissioners adopted Resolution No. 94-496 assessing a lien for a public nuisance in the principal amount of $245.00 on the property described as commencing at Lot 10, Block 6, Naples Manor Extension according to the amended plat thereof, on file and recorded in the Public Records of Collier County, Florida Plat Book 3, Page 101, which is owned by Paul L. Riddleberger Jr. On October 24, 1995 the property owner paid $279.22 which also included accrued interest. Satisfaction of Lien was never filed. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account 111 138911. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on August 18, 1994 by Resolution No. 94-496 recorded in OR Book 1977, Page 1746 of the Official Records of Collier County, Florida. PREPARED BY: DATE Julie Belanger - senior customer Service Agent REVIEWED BY: ~4~ C-- '~'~-~-~ DATE: Michelle Edwards Arnold, Director Code Enforcement APPROVE]) BY: Vincent A. Cautero, AICP, Administrator Community Dev. & Enviromental Svcs. pg. · RESOLUTION NO. 94-496 A RESOLUTION OF T!{E BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF pj THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. DOC ~T~ H REAS, as provided in Ordinance 91-47, the direct costs of WE abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each=parcel sh~li be calculated and reported to the Board of County Commissioners, together with a description of said parcel; end ~EREAS, such assessment shall be a Iegal, valid and binding' obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice o~ Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY CO~ISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described . as follows, and having been abated of a public nuisance after due'.and proper notice thereof to the owner of said property, is hereby ass~sse~ the following costs of such abatement, to wit: N~E: LEGAL DESCRIPTION: COST: Paul L Riddleberger Jr Lot 10, Block 6, NAPLES ~NOR $245.00 EXTENSION, according to the plat thereof, recorded.in Plat Book 3, Page 101, of the Public Records of Collier County, Florida. 'R~FERENCE: 31130-055 ~62204480008 The Clerk of the ~osrd sha'll mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County. Florida, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owne~. This .Resolution adopted after motion, second and.majority vote. DATED: "' A~ED~ ~ITO] FO~ · ' R~TH}' B~ ~ ~UY LER CSce 11 - 1/94 pg, COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Paul L Riddleberger JR DATE,' FEB i ~ 1995 652 94th Ave N Naples, FL 33963 REFERENCE 20916-095 #62204480008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Block 6, NAPLES MANOR EXTENSION, according to the plat thereof, recorded in Plat Book 3, Page 101, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/17/92, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: ~ Prohibited accumulation of non-protected mowable ~ vegetation in excess of 18" in height in a subdivision ~ other than Golden Gate Estates. ~r~ You failed to abate such nuisance; whereupon, it was abated -' by the expenditure of public funds at a direct cost of ~ $45.00 and administrative cost of $200.00 for a total of ~ $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed FEB I 4 1995 against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- APR 13 1999 pg, 3 This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62204480008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 94-496 against: Paul L. Riddleberger Jr. 652 94th Ave N. Naples, Florida 33963 The lien was recorded on August 18, 1994 Official Record Book 1977, Page 1746, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five ($245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 10, Block 6, Naples Manor Extension, according to the plat thereof, recorded in Plat Book 3, Page 101, of the Public Records of Collier County, Florida. REFERENCE: Folio #62204480008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of ...... 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Pamela S. Mac'kie Chairwoman AFt~oved u t3 form ~ leCal sufficiency ~s~t~t County APR i 3 1999 EXECUTIVE SUMMARY AUTHORIZATION OF A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY TIMOTHY M. RINGER AND MOLLY A. RINGER IN GOLDEN GATE ESTATES, COLLIER COUNTY. OBJECTIVE: The Board of County Commissioners authorize the payment of 50% waiver/50% deferral of Collier County Impact Fees and appropriate the funds for waiver/deferral of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Timothy M. Ringer and Molly A. Ringer, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Timothy M. Ringer and Molly A. Ringer have submitted an application for a 50% waiver/50% deferral of impact fees for one house to be built by Timothy M. Ringer and Molly A. Ringer at 4225 56"' Avenue N. E. in Golden Gate Estates, Collier County, as a low income, first time home buyer and qualify for an impact fee waiver/deferral under the provisions of Impact Fee Waiver Ordinances. SUPPLEMENTAL MATERIAL: Copies of the Agreement are available for review in the Housing and Urban Improvement Department and in the office of Minutes and Records. FISCAL IMPACT: Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $3,979.52. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778,00 Total Impact Fees to be Waived/Deferred $3,929.52 GROWTH MANAGEMENT IMPACT: The impact fee waiver/deferral will bring relief for a low income family in cor; ~liaff~e with Policy 1.5.2 of the Housing Element of the Growth Management Ply. APR 13 1999 Executive Summary Ringer Impact Fees /"' Page Two RECOMMENDATION: The Board of County Commissioners authorize the waiver/deferral of impact fees for a home to be built 4225 56th Avenue N. E., Golden Gate Estates in Collier County, by Timothy M. Ringer and Molly A. Ringer, a low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. aM/jd 3/25/99 Prepared by: Date :/~//-, ? Housing and Urban h'nprovement Approved by: Date Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services jd/c/execsurn/ringer AC, ENI)A ITEM APR 13 lSS9 AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Timothy M. Ringer and Molly A. Ringer, hereinafter referred to as "OWNER." WITN.E S S E TH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-7I, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinm~ce, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable t:ousing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 99- __ at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the 50%waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien . may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this .~greement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNEK shall remain liable for the impact fees waived~deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this A~greement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. KECOP~_DING. This A~greement shall be recorded by OWNEP,~ at the expense of OWNt~K in the Official Kecords of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNEK shall be in default of this Agreement ( 1 ) where OWN~i~ fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non~compliance, or (2) where OWNEK violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12,. I~EMt~DII~S. Should the OWNEP~ of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNI~P~ violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNI~P~ within 30 days of said non-compliance. OWNEI~ agrees that the impact fees waiveclfdeferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this A~greement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. · : . OWNER: Pn~5~e c..,,..~-~ '1~,- ~,~..~cj,.t~:~. ifiGthyM. I(inger "',] ,,, STATE OF ~-r~,z4 4 ,-/7- ) COUNTY OF _/'f_~Z-Z-/Q ~ ) The foregoing instrument was ac~mwledged before me this ..Z d. day of /~r-t--'2z4_. , 1999, by Timothy M. Ringer. He is personally krtown to me or produced ~. ~',g--.S':2-d.-- ~r'l:3 -C-~.- -(type of identification) as identification. ~c/-B .-o [NOTARIAL SEAL] ~ of Person Taking Ack~o~edgment ~ ~, ~r MY COMMISSION ~ CC 739612 't"t O~ t~.~S~ EXPIRES: 05r34~F2002 5 . -.0o-~-,~oTA~v F,, ~o~ s~,,:____._:__:_____::._¢~ ~ ?:Ji.. Witnesses: OWNER: ~fi~t Name C7~,,o~r/4~ ,L~/_~ ~ STATE OF ~~ O~ ) CO~TY OF ~/e ~ ) The foregoing instrument was acknowledged before me this fi.2q~ day of _./~~ ,1999, by Molly A. Ringer. She is personally known to me or produced 52~.~f¢l- t~ -84l -,~' (type of identification) as identification. [NOTARIAL SEAL] ' nature of Person Taking Ac~n.oa,~iedmneut ~~ COMMI~Si..ON # CC T~9612 D A T E D: BOARD OF COUNTY COMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and Heidi F. Ashton Assistant County Attorney jd/c/agreements/ringer EXHIBIT 'A' LEGAL DISCRIPTION TIMOTHY M. RINGER AND MOLLY A. RINGER RESIDENCE THE WEST 180 FT. OF TRACT 66, UNIT 40, IN GOLDEN GATE ESTATES ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 7, PAGE 26, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. : ~ ~ ~ WAY ...... ~ .5~ A~ N.~ eND ~ D~I~ ~VIC~ 1 D~IGN INC. ~ I'-~ UN~ ~ ~ ~ ~ ~TA~ EXECUTIVE SUMMARY AUTHORIZATION OF A 50% WAIVER/50% DEFERRAL ~OF IMPACT FEES FOR ONE HOUSE. TO BE BUILT BY SUSAN J. FREDERICK IN GOLDEN GATE ESTATES, COLLIER COUNTY. OBJECTIVE: The Board of County Commissioners authorize the payment of 50% waiver/50% deferral of Collier County Impact Fees and appropriate the funds for waiver/deferral of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Susan J. Frederick, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Susan J. Frederick has submitted an application for a 50% waiver/50% deferral of impact fees for one house to be built by Susan J. Frederick at 2440 8t" Street N. E. in Golden Gate Estates, Collier County, as a low income, first time home buyer and qualifies for an impact fee waiver/deferral under the provisions of Impact Fee Waiver Ordinances. SUPPLEMENTAL MATERIAL: Copies of the Agreement are available for review in the Housing and Urban Improvement Department and in the office of Minutes and Records. FISCAL IMPACT: Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $3,979.52. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 Total Impact Fees to be Waived/Deferred $3,929.52 GROWTH MANAGEMENT IMPACT; The impact fee waiver/deferral will bring relief for a low income family in com' ~lianee with Policy 1.5.2 of the Housing Element of the Growth Management Plan. .t.~.~~ ~ APR 13 1999 Executive Summary Frederick Impact Fees Page Two RECOMMENDATION: The Board of County Commissioners authorize the waiver/deferral of impact fees for a home to be built 2440 8th Street N. E., Golden Gate Estates in Collier County, by Susan J. Frederick, a low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. GM/jd 3/22/99 Prepared by: Approved by: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services jd/c/execsum/frederick APR 13 1999 AGREEMENT FOR 50%WAIVERJ50% DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Susan J. Frederick, hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral shall be prescnled in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the hnpact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and WHEREAS, the-COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 99-.__ at its regular meeting of ~ ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEEFOE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the hnpact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the'appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the 50%waiver/50% deferral of the impact fees owed by' OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF L1EN. Upon satislhclory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the hnpact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in filll by O\VNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 4 Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. ~"~nt Name (_~ f,d-c ~'i(/-~,o ~'usan I. Fr~cl~ Print Name ~'~,9~,9e-. STATE OF,_ '~,,,._ ) COUNTY oF'~ ) The foregoing instrument was acknowledged before me this o2 5 day of :~v~.--z-c.--?/---' , 1999, by Susan J. Frederick. She is personally known to me or produced ~/']gZ/~ '- 7 ~ -~ c;--(lypc of identification) as identification. [NOTARIAL SEAL] ~re of PerSon Taking M 12 ' DATED: BOARD OF COUNTY COMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: PAMELA S. MAC'K/E, CHAIRWOMAN Approved as to form and e a su mien~y,54~4 Heidi F. Ashton Assistant County Attorney jd/c/agreements/frederick EXHIBIT 'A' LEGAL DISCRIPTION SUSAN J. FREDERICK "' THE NORTH 75' OF THE NORTH 150' OF TRACK 15, UNIT 24, 2440 8TM STREET N. E., GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXECUTIVE SUMMARY AUTHORIZATION OF A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY JULIO C. CISNEROS AND YADIRA CISNEROS ON LOT 10, BLOCK 3 IN NAPLES MANOR ADDITION, COLLIER COUNTY. OBJECTIVE: The Board of County Commissioners authorize the payment of 50% waiver/50% deferral of Collier County Impact Fees and appropriate the funds for waiver/deferral of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, Educational Facilities System Impact Fees and Water and/or Sewer System Impact Fees for one house to be built by Julio C. Cisneros and Yadira Cisneros, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: <{, Julio C. Cisneros and Yadira Cisneros have submitted an application for a 50% waiver/50% deferral of impact fees for one house to be built by Julio C. Cisneros and Yadiro Cisneros on lot 10, block 3 in Naples Manor Addition, Collier County, as a low income, first time home buyer and qualify for an impact fee waiver/deferral under the provisions of Impact Fee Waiver '/" Ordinances. SUPPLEMENTAL MATERIAL: Copies of the Agreement are available for review in the Housing and Urban Improvement Department and in the office of Minutes and Records. FISCAL IMPACT: Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $6,779.52. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Regional Parks 179.00 Community Parks 399.00 d) .EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f) Water System Impact Fees 1,575.00 g) Sewer System Impact Fees 1,275,00 Total Impact Fees to be Waived/Deferred $6,779.52 A P a 13 1999 Executive Summary Cisneros Impact Fees Page Two GROWTH MANAGEMENT IMPACT: The impact fee waiver/deferral will bring relief for a low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners authorize the waiver/deferral of impact fees for a home to be built on lot 10, block 3 in Naples Manor Addition, Collier County, by Julio C. Cisneros and Yadira Cisneros, a low income family, and to pay for these impact fees with State Housing Incentive Partnership (S .H;LP.) program revenue funds. GM/jd 3/19/99 Prepared by: f.. '~re~MillaSlic, Director Housin~ind Urban hnprovement Approved by: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services jd/c/execsurn/cisneros AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this ~ day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Julio C. Cisneros and Yadira Cisneros, hereinafier referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 98-69, the Regional Water and/or Sewer Systems Impact Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 99-_ at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the ~Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee Ordinance; In return for the 50%waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact 3 fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: OWNE~giR Print Name, r"'_,~ c-~' ,c ,,- C~ ,'/..c'.~ ~ Cisneros ~4Srint Name j.~q~ STATE OF -~7/_fi4~)~-~. ) COUNTY OF ) The foregoing instrument was acknowledged before me this _c~9__d~ day of .,~,~2-~.~.~._//---~ , 1999, by Julio C. Cisneros. He is personally known to me or producecl · '(type of identification'F:~XTdm'itifieation. [NOT ARIAL SEAL] ~___r~oi' '~~edgment Witnesses: OWNER: Print Namtr~'_..~-c~a~ C~' ,'~ i? z~adira Cisne~ STATE OF ,~--g46Z- ) COUNTY OP ~-/ce~ ) The foregoing instrument was acknowledged before me this -.~.. day of /flf'~4~v~/,~ ,1999, by Yadira Cisneros. She is personally known to me ~ -- -.. (t,~,p~-id'eT/fflication) as identiffi~n. ~ ,~ MY : o~ ,~, ~ COMMISSION # CC739612 DATED: BOARD OF COUNTY COMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal suffi.ciency Heidi F. Ashton Assistant County Attorney jd/c/agreements/cisneroso 6 EXHIBIT 'A' LEGAL DISCRIPTION JULIO C. CISNEROS AND YADIRA CISNEROS RESIDENCE LOT 10, BLOCK 3, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. C) C) .~..., ., LOT 10, BLFICK 3 --,:d',., NA..PLES MANOR ADDITIDN · ' '-~'.'~--. ., .,. -.25~ Y-eo.r' se'l; bo.c:k- z?....,..:.'~-.-· ~' ":,~'~':,..~ ~ I." PROPOSER RESII)ENCE PRESTIGE SPEC. - r-- 39'8~ 'X 42' 1422 S(~ FT PRE]PDSEI) ELEV +8.2' EXECUTIVE SUMMARY REQUEST TO APPROVE THE FINAL PLAT OF "PEBBLEBROOKE LAKES PHASE 2" OBJECTIVE: To approve the final plat of "Pebblebrooke Lakes Phase 2", a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pebblebrooke Lakes Phase 2" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. ~ngineering Review Section recommends that the final plat of "Pebblebrooke Lakes Phase 2" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $549,727.00, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $227,190.00 b) Drainage, Paving & Grading - $322,537.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: /.--, Total: $10,543.53 Fees are based on a construction estimate of $549,727.00 and were paid in October, 1998. APR 18 1999 Executive Summary Pebblebrooke Lakes Phase 2 Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 516.60 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1135.95 Drainage, Paving, Grading (.425% const. est.)- $1370.78 c) ~.onstruction Inspection Fee Water & Sewer (1.5% const. est.) - $4112.35 Drainage, 2~;aving & Grading (1.275% const. est- $3407.85 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Pebblebrooke Lakes Phase 2" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. Executive Summary Pebblebrooke Lakes Phase 2 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review ck, P.E. Date Engineering Review Manager Rob~ AICP Date Planning Services Department Director APPROV~D BY: Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh APR 13 '1999 '-,...':.'.'..:-' ',"-.:'-.: '.;..".: :-;-.'.,..,~ j,:'.- -' C"."7':" '... r'; :'- "' ~ C ".':-".';-"~--'~,"':~:-:- "'-," %;'~;,i.;'. ',:"~ , ;_'. ',: :- ". ;.', C~; ,-;...- -"-?..- "'-'-;,'."':'- -. "."'-'';.:~.;: .....;. ;-,--"" C"." , ""-'-" '--.-- % ";-,, , '" ":""r "' :"' "' ...... , .',-";:'~"'?-'?""' ' - ."' :"="- ' ' "' , ; '" ' ' , ,m, ....... ' ....~'~ .,' ~'-* - - - ' ' ' · '.~ ~ "' ~-' '..2- '", '~. ~ '~'~. · ~' .' ';- p -;. " ~:~:.' ': ',." -';:'-~,', ',.:" ~' ' . '..L-:.' .;_."..7:.:"-"- ' ....:.",:~"?';'- ""~' ?'. LAT" ~' ' ' .......~ ..:- :...,:..:: :... :.- >... · .::, ,,_: .:,.1 .~, :.,:. -.. ' ' "'" ";' ' ' ;' '.-'. '-:' '-: ": ~' ::' Z':' "':"'; ......' :'"-- -" _-,. .... , , , - ., ...... ..,, - , '- SHEET" 1 "' : .... " · . . .- :- :..-- - _ .., . .,,-~ .' .," . - - _ , . ,- -,. ,, ~ ' ', ' "','f .- - . ., ."- ' , -. ., L~LJREL' OAK .- .ELENEN'[AF-'Y-SCHOOL · Z/ . .- . ', ,- · .. . . . LES-I~NOKALREI~D (C.R.-846) SITE ' LAKES P.~, 30 ///~/ I 26 ~ ~, 27 H~:DTJLE SCHEIF!I .. -- 34 z L0C ATI0 N MAR 33 D a N.T.S. APR '1 1999 - CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT , THIS CONSTRUCTION MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT entered into this day of , 19 between Pebblebrooke Lakes Limited Partnership hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafier referred to as the "Board." RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Pebblebrooke Lakes Phase 2. 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: the Required Improvements within 12 months from the date of approval of said subdivision plat, said improvements (water, sewer, drainage and roadway) hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County, Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $24,465.65 which represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminar?' approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Ageement. 6. The Developer shall maintain all required improvements for a minimum period of one year at%r preliminary approval by the Development Services Director. At~er the one >'ear maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County. Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. APR 13 1999 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, . shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of ,19 Witnesses to k.~ }a.~'r 14 ~Atlkt t~.i>.~ ,., ~ ~-. Pebblebrooke Lakes Ltd., a Florida Limited -.- Parin , ( U By Sau d &~, |Is ten r~ Kenneth P. Saundry _s-~s to }4,J;"~':,L,'~-"'T~ ~-'11,~.4t3~'f/~ . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Pamela S. Mac'Kie, Chairwoman APR 13 1999 EXECUTIVE SUMMARY AUTHORIZATION OF A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY RENE TREJO IN NAPLES MANOR ANNEX, COLLIER COUNTY. OBJECTIVE: The Board of County Commissioners authorize the payment of 50% waiver/50% deferral of Collier County Impact Fees and appropriate the funds for waiver/deferral of Water and/or Sewer Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Rene Trejo, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Rene Trejo has submitted an application for a 50% waiver/50% deferral of impact fees for one house to be built by Rene Trejo at 5222 Caldwell Street in Naples Manor Annex, Collier County, as a low income, first time home buyer and qualifies for an impact fee waiver/deferral under the provisions of Impact Fee Waiver Ordinances. SUPPLEMENTAL MATERIAL: Copies of the Agreement are available for review in the Housing and Urban Improvement Department and in the office of Minutes and Records. FISCAL IMPACT: Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $6,779.52. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f) Water Impact Fees 1,275.00 g) Sewer Impact Fees 1,575.00 Total Impact Fees to be Waived/Deferred $6,779.52 APR 13 1999 Pg. / AGREEMENT FOR 50%WAIVERJ50% DEFERRAL OF 100% OF '. , COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this .. day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Rene Trejo, hereinafter referred to as WITNE S SETH: WHEREAS, Collier County Ordinance No. 98-69, Collier County Regional V~ater and/or Sewer Systems Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier 'County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", · provide for waivers of imp'act fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER haS' applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 99- __ at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to th~ Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; 2 c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee Ordinance. In retum for the 50%waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the 'Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of tlne deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non~compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNI!R violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 4 Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other fight or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 1N WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: OWNER: '-' ReneTre3o STATE OF fi27ZL~,Z_,, ~ ,,~ ) COUNTY OF d_~z'-r;,,, ~,,¢. ) The foregoing instrument was acknowledged before me this ,~Z ~' day of ?,7').3toe-.~___h/. , 1999, by Rene Trejo. He is personally known to me or produced ~)L_ .,~' 'T'(o::z~ -2o~"(type of identification) as identification. [NOTARIAL SEAL] ~nature of Person Taki'fig Ack~6owledgment DATED: BOARD OF COUNTY COMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By; PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency · .. I4eidi F.~A'sftton ".' Assistant County Attorney jd/c/agreements/trejo 6 EXHIBIT 'A' LEGAL DISCRIPTION RENE TREJO LOT 6, BLOCK 6, NAPLES MANOR ANNEX, (AKA 5222 CALDWELL STREET) ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXECUTIVE SUMMARY APPROVE THE ATTACHED SATISFACTION OF LIENS FOR PUBLIC NUSIANCE RESOLLYHONS 91-675, 91-4 10, 91-409, 90-551, 90-46 OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Liens previously assessed by the Board of County Commissioners by Resolution No.'s 91-675, 91-410, 91-409, 90-551, and 90-46 for a public nuisance. CONSIDERATION: The liens listed below were imposed against the Community Corporations for failure to pay the cost incurred by the County for abating the Code violations which existed on the subject property. The property was foreclosed upon by the Immokalee Water and Sewer District in 1996 for failure to pay the districts assessment when connections were made. As part of the foreclosure proceedings the Immokalee Water and Sewer District agreed to maintain the liens imposed by the County and upon sale of the property attempt to recover the County costs. In January 1999 the Immokalee Water and Sewer District transferred the property to Ms. Rommy Smith at the value of the District's assessments. Ms. Smith is the mother of the Immokalee High School football player that became paralyzed during school competition. The family qualifies as a very low income household and in February 1999 acquired an impact fee waiver from the County. In order to minimize the cost for developing a new home for her son and other children, Ms. Smith requests that the Board waive the principal and interest on all five liens imposed on the subject property. Lien Information Lien Amount (as of 1131198) Resolution Legal Description Interest Totai Lien Date Res Adopted Date Res Recorded Principal Accrued Amount 91-675 Mainline BIk 5 Lot 7 October 1, 1991 November 26, 1991 $245,00 $212.94 $457.94 OR 318 PG 941 OR 1666 PG 962 91-410 Mainline BIk 5 Lots May 28, 1991 March 6, 1990 $665.00 $606.05 $1,271.05 6&7 OR 1510 PG 889 OR 318 PG 941 91-409 Mainline BIk 5 Lots May 28, 1991 June 28, 1991 $245.00 $227.62 $472.62 6&7 OR 1628 PG 695 OR 318 PG 941 90-551 Mainline BIk 5 Lots November 20, December 21, 1990 $265.00 $254.28 $519.28 6&7 1990 OR 1580 PG 1714 OR 318 PG 941 90-46 Mainline BIk 5 Lots January 30, June 28, 1991 $635.00 $673.24 $1,308.24 6&7 1990 OR 1628 PG 693 OR 318 PG 941 NA°~-~ I ~ Total Amounts $2,055.00 $1,974.13 $4,029.13 APR 13 1999 FISCAL IMPACT: The cost to be incurred by the County is for the principal of the lien which was the cost to correct the violation and the administrative cost to execute the abatement plus the cost of recording the satisfaction of liens. The i'ecording fees are estimated to be approximately $35.00 and can be paid from the Code Enforcement account. The principal and interest will be a reduction to the estimated revenue to be received by the Unincorporated MST fund. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board waive the fees and approve the attached Satisfaction of Liens. PREPARED BY: REVIEWED BY: Michelle Edwards ~nold, Director Code EnBrcement APPROVED BY: Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. APR 13 1999 ~ pq, (!!, 1666 iJUU::/Gz 0 I 5 3 5 8,!2 eov 2s 4.. on COL'L E~HTY 'RECORDED OR 1300K :PAGE RESOLUTION NO. 91- 675 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF [)OC----- THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE INl-----'~ WITH ORDINANCE 85-33, AS AMENDED. IND_----- WHEREAS, as provided in Ordinance 85-33, as amended by Ordinance 89-66, the cost of abatement of certain nuisances, including prescribed administrative costs incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY T!{E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, aBd~having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME~. LEGAL DESCRIPTION: COST~ The Community Corporation Lot 7, Block 5, MAIN LINE $245.00 c/o Ernest Freeman, Sr. SUBDIVISION, according to plat in Plat Book 1, Page 98, Public Records of Collier County, Florida. REFERENCEI (INv#91-o6-o7584) The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: Oc[ober 1, 1991 ATTEST: BOARD OF COUNTY COMMISSIONERS ".~h~sp JAMES C. CLERK COLLIER COUNTY, FLORIDA ~" .'~[../" '* PATRICIA ANNE GOODNIGHt, CIIAIRMAN ApPR6VEO AS AND'LES~i'SU~I~E'NCY: '., .~ ASSISTANT COUNTY AT'I'O~EY csce lI/s~ ~PR 13 ?999 BOARD OF COUNTY COHHISSlONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN The Community Corporation DATEI October 1. 1991 c/o Ernest Freeman, 8r. P. O. Box 212 Immokalee, FL 33943 {REF INV f91-06~07584 ] LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block 5, MAIN LINE SUBDIVISION, according to plat in Plat Book 1, Page 98, Public Records of Collier County, Florida. You, as the owner of the property above described, are hereby advised that Collier County, Florida, did on 6/03/91, order the abatement of a certain nuisance existing on the above 'o. cD property, sending you notice thereof, such nuisance being: An unattended growth of weeds and vegetation over 18 inches in height as defined by Ordinance 85-33, as alnended by Ordinance 89-66. A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by Collier County at a direct cost of $45.00 and Administration Cost of $200.00 for a total of $245.00. Such cost, by resolution of the Board of County Commissioners of Collier County, Florida, has been assessed against the above property on October 1, 1991 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges Incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of assessment. CLERK, BOARD OF COUNTY COMMISSIONERS AGEN [ CSce 9-11/89 , .........;:13 1999 This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56404240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 91-675 against: The Community Corporation C/0 Ernest Freeman, Sr. P.O. Box 212 Immokalee, FI. 33943 The lien was recorded on November 26, 1991 Official Record Book 1666, Page 962, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 7, Block 5, Main Line Subdivision, according to Plat in Plat Book 1, Page 98, Public Records Of Collier County, Florida. REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Pamela S. Mac'kie Chairwoman A:I~ u 13 term & leg,,! ~~a~ty Alpine APR i 1999 Pg. q'lk,~3.gS8 eJ~zs ~,3k I]0~6Z8 000693 ~ - COLt~R COUNTY RECOrDeD OR BOOK PAGE ~C~ A ~~ OF ~ m Or ~ ~ZSSZON~ m, u ~vid~ in 0~ 85-33, as m~ ~ ~nce 89-66, ~e ~t ot a~t ot ~ ~im$, i~l~ ~i~ a d~iption o~ ~ld ~1~ ~ obligat$~ ~n ~e ~ S~s~t ~i~ ~de ~til ~$d; s~ ~, ~ a~t ~11 ~ due ~ ~s~le ~ ()0) bye af~ ~ mil~ of Iotl~ of bisect mf~ ~1~ Interfit ~id ~t~ ~. p~ ~i. ~f ~ ~m ~ cf ~ld p~y, lm hmrm~ atoMram ~ foll~ ~U o~ m~ ~t, ~ ~/~ ~t ~, $~. ~$1~, a~d~ ~ plat b Cl~ o~ ~ ~ ~I1 ~il a ~tl~ at $smmnt o~ ~ ~ ~ tails ~ ~y $~ $s~t vl~ln ~l~y (30) ~ ~ ~l~tl~ ~ s~ ~ti~, ~ $~ uJori~ ~x ~y 2~. 199~ ·., · .~ · ~ . , . ~ 1X/1~ APR i 8 ]999 .. ~: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Community Corporation DATE: May 28. 1991 c/o Ernest Freeman, St. P. O. Box 2 12 Immokalee, FL 33934 (REF INV.../91-01-0Qg25 ] LIEN NUMBER: LEGAL DESCRIPTION: Lots 6, Block 5, MAIN LINE SUBDIVISION, according to plat in Plat Book 1, Page 98, Public Records of Collier County, Florida. You, as the owner of the property above described, are hereby advised that Collier County, Florida, did on 1/29/91, order the abatement of a certain nuisance existing on the above property, sending you notice thereof, such nuisance being: An unattended growth of weeds and vegetation over 18 inches in height and an unattended accumulation of trash and/or garbage, as defined in Ordinance 85-33, as amended by Ordinance 89-66. A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by Collier County at a direct cost of $465.00 and Administration Cost of $200.00 rot a total of $665.00. Such cost, by resolution of the Board of County Commissioners of Collier County, Florida, has been assessed against the above property on May 28, lggl and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of assessment. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9-11/89 % APR 13 999 This instrument prepared by: FOR CLERK'S USE ONLY '--- Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 56404240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA is the owner and holder of a certain Lien by Resolution No. 91-410 against: Community Corporation C/O Ernest Freeman.. Sr. P.O. Box 212 Immokalee. FI. 33934 The lien was recorded on June 28, 1991 Official Record Be:;' 1628, Page 693, in the Official Records Office of the Clerk of the Circuit Court of Collier ,/, State of Florida. The lien secures the principal sum of Six Hundred Sixty Five Do!' ....... 6500). plus accrued interest and penalties, if any, and imposes certain obligation again,.., ;,;al property situated in Collier County, Florida, which properly is described as follows: according to Lot 6, Block 5, Main Line Subdivision. according To Plat in Plat Book 1, Page 98. Public Records Of Collier County. Florida. REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA By: Pamela S Mac'kie Chairwoman .'..: ..- ~ -.: .:.: ,. : ..: :, .. APR i 1999 .~,,~ .O 3 r3 C, 9 ~ge~ Jun 28 P;l ~2: 3~,II [I I 6 2 8 0 0 0 6 9 5 · r_.nnF~j~:n OR BOOK PAGE COI.I.IER COUNTY R~OL TZON NO. 9'1- 409 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS .,L,~ PROVIDING FOR ASSESSMENT OF LIEN, FOR TIlE COST OF ~3~ Tile ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE ~C_---- WITH ORDINANCE 85-33, AS AMENDED. WHEREAS, as provided in Ordinance 85-33, as amended by Ordinance 89-66, the cost of abatement of certain nuisances, including prescribed administrative costs incurred by the County, shall be assessed against such property; and W!IEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a descriptiQn of said parcel; and ~IEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property ~escribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME~ LEGAL DESCRIPTTON: COST~ Community Corp. Lot 7, Block 5, MAINLINE $245.00 c/o Ernest Freeman, St. SUBDIVISION, according to plat in Plat Book 1, Page 98, Public Records of Collier County, Florida. REFERENCE: (1NV/91-01-00903) The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: May 28. 1991 ATTEST: .... ";" BOARD OF COUNTY COMMISSIONERS JAMES C. GILES'; CLERK COLLIER COUNTY, FLORIDA "/~/2x ....~ PATRICXA AN~E GOOD,~I~, .. · C!IAIRMAN 'APeROVE'D ~S TO FORM AND LEGAL SUFFICIENCY: ~bENNIS P. 'CRONIN N~EN ASSISTANT COUNTY ATTORNEY CSco 11/89 APR 13 ~999 ' ~l) lG28 U00696 OR BOOIt PAGE BOARD OF COUNTY COHHISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Community Corp. DATE: May 28, 1991 c/o Ernest Freeman, St. P. O. Bo~ 212 Immokaleet FL 33914 {REFINV/91-01-00903 ) LIEN N~4B~R: LEGAL DESCRIPTION: Lot 7, Block 5, MAINLINE SUBDIVISION, according to plat ., in Plat Book 1, Page 98, Public Records of Collier County, Florida. You, as the owner of the property above described, are hereby advised that Collier County, Florida, did on 1/29/91, order the abatement of a certain nuisance existing on the above property, sending you notice thereof, such nuisance being: An unattended growth of weeds and vegetation over 18 'inches in height as defined by Ordinance 85~33, as amended by Ordinance 89-66, A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abeted by Collier County at a direct cost of $45.00 and Administration Cost of $200.00 for a total of $245.00. Such cost, by resolution of the Board of County Commissioners of Collier County, Florida, has been assessed against the above property on May 28. 1991 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses ehould not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board o[ County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) , days from the date of assessment. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9-11/89 APR 13 1999 This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 56404240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a cedain Lien by Resolution No. 91-409 against: Community Corporation C/O Ernest Freeman, Sr. P.O. Box 212 Immokalee, FI. 33914 The lien was recorded on June 28, 1991 Official Record Book 1628, Page 695, in the Official Records Office of the Clerk of the Circuit Coud of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 7, Block 5, Main Line Subdivision, according to Plat in Plat Book 1, Page 98, Public Records Of Collier County, Florida. REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida, by execution of this Satis.faction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Pamela S. Mac'kie Chairwoman COLLIER COUNTY nSSr O R t O. 9o-55 DR BOOK PAGE DOC_ ,- PROVIDING FOR ASSESSMENT INT__ THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE [MD - WITH ORDI|]ANCE 85-33, AS AMENDED. WHEREAS, as provided in Ordinance 85-33, as amended by Ordinance 89-66, the cost of abatement of certain nuisances, including prescribed administrative costs incurred by the County, shall be assessed against such property; and WHerEAS; {he cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHERE~S~. ~uch 'assessment shall be legal, valid and binding obligations upon the property against which made until pa~d; and .' WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (~2.0%) per annum on any unpaid portion thereof. NOW,'THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF. COLLIER COUNTY, FLORIDA, that the property described~-,, as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: HAME~. LEGAL DESCRIPTION': COST: The Community Corporation Lot 7, Block S, MAIN LINE $265.00 C/O Ernest Freeman, St. SUBDIVISION, according to plat in Plat Book 1, Page gB, Public Records Of Collier County, Florida. REFERENCE: (INV#Wg0-3131) The Clerk of the Board shall-mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier Codnty, Florida, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: NoVember 20, 1990 A~EST: BOARD OF COU[ITY CO[~ISSIONERS JAMES C.'~'i~, CLERK COLLIER COUNTY, FLORIDA [ ' ~' ' ;i; "'~ ' A[iD LEGAL]SUFFICIENCY: ,;~ ASSISTANT COUNTY A~ORNEY ....... APR 13 1999 BOnn. OF COUNTY PAGE' COLLIER COUNTY, FLORID~ : ..... 'LEGRL NOTICE OF ASSESSMENT OF LIEN The Community Corporation DATE: November 20. 1990 C/O Ernest Freeman, St. Po O. Box 212 Immokalee, FL 33934 JREF INV ~W~0-3131 ) LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block 5, HAIN LINE BUDDIVISION, according to plat ..... in Plat Book 1, Page 98, Public Records of Collie[ · County, Florida. r .' ..f. .f You,-as the owner of the property above described, a~e hereby advised that Collier County, ~lorlda, did on 3/16/90, order the abatement of a certain nuisance existing on the above ~ i p~bperty, senaing ~oU 'notice thereof, such nuisance being: '~;~.~ - - ~ · r-.": .:~'Li _~.' ..... an unattended' growth 'of reeds and vegetation over 18 " inches in height as defined by Ordinance 85-33, as A copy of such notice has been heretofore sent you. You failed to abate such nutsance~ whereupon, it was abated by Co~l_t.~r County at a mowing cost of $65.00 and Admin~istration Cost of $200.00 for a total of $265.00. SUch COst, by resolution of the Board of County Commissioners of Collier county, Florida, has been assessed against the above property on November 20,1990 and shall become a lien on the property thirty (30) days after such assessment. You may requesta hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses ~hould not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 33962 In writing within thirty (30) days from the date of assessment. CLERK, BOARD OF.COUNTY COMMISSIONERS N PU. Z3 This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56404240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 90-551 against: The Community Corporation C/O Ernest Freeman, Sr. P.O. Box 212 Immokalee. FI. 33934 The lien was recorded on December 21, 1990 Official Record Br,~,k 1580, Page 1714. in the Official Records Office of the Clerk of the Circuit Court of Co~: unty. State of Florida. The lien secures the principal sum of Two Hundred Sixty Fly '~" :s ($265.00), plus accrued interest and penalties. if any, and imposes certain oh, on against real property situated in Collier County. Florida. which property is described as follows: Lot 7. Block 5. Main Line Subdivision. according to Plat in Plat Book 1. Page 98. Public Records Of Collier County, Florida, REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida. by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman. directs execution and recording of the Satisfaction of Lien, by action of the Board this day of 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA By: Pamela S. Mac'kie Chairwoman ~ Approv~d. tm t.:~ form & le~ Sufficiency A'-si.:ta,~t Coanty Af. tn,'ney NAoG~ I APR 1_ 3 1999 A R~SOl~rlON OF ~E ~ OF ~ ~lO~ ~E ~T~ OF ~MC c b~ a ~ ~de ~ '= ~1~ ~t (121J ~ Ga on ~ ~d ~o~ ~. nul~ af~ due ~ pr~r ~ ~ ~~ ~ratton ~ 6 ~ 7, Sl~ S, S635.00 __ ~ ~ I, Ya~e It, ~llc ~ of ',, ,:~:.* ~ · ~ ~ zo - s/e9 APR 13 1999 BOARD OF COUNTY COMMISSIONER8 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ABBEBBMENT OF LIEN community Corporation DATE: January 30, 1990 C/O Ernest Freeman, St. P. O. BOX 212 Immokalee, FL 33934 REF #WS9-6506/INV#09997 LIEN NUMBER: LEGAL DESCRIPTION: Lots 6 and 7, Block 5, MAIN LINE SUBDIVISION,. according to plat in Plat Book 1, Page 98, Public Records of Collier County, Florida. You, as the owner of the property above des&ribed, a~e hereby advised that Collier County, Florida, did on 3/20/89, order the abatement of a certain nuisance existing on the above property, sending you notice thereof, such nuisance being: An unattended accumlation of trash and/or garbage, as defined in Ordinance 85-33. A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by Collier County at a cleaning cos. t of $560.00 and Administration Cost of $75.00 for a total of $635.00. Such cost, by resolution of the Board of County Commissioners of Collier County, Florida, has been assessed against the above property on January 30, 1990 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of assessment. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9 - 5/89 APR 1'3 1999 This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56404240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 90-46 against: Community Corporation C/O Ernest Freeman, Sr. P.O. Box 212 Immokalee, FI. 33934 The lien was recorded on March 6, 1990 Official Record Book 1510, Page 889, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Six Hundred Thirty Five Dollars ($635.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 6 & 7, Block 5, Main Line Subdivision, according to Plat in Plat Book 1, Page 98, Public Records Of Collier County, Florida. REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Pamela S. Mac'kie Chairwoman form & legal sufficioucy ~t ~ty At~el APR 13 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "RIVERCHASE COMMONS" AND APPROVAL OF THE PERFORMANCE SECURITY , OBJECTIVE: To approve for recording the final plat of "Riverchase Commons", a subdivision of lands located in Section 22, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Riverchase Commons" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and an Irrevocable Letter of Credit. This would be in conformance with the ,~'County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Riverchase Commons" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $227,277.14 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 42,654.00 b) Drainage, Paving, Grading - $184,623.14 The Security amount, equal to 110% of the project cost, is $250,004.85 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4569.68 Fees are based on a construction estima~te ~ ' , . I $227 277 14 and were paid in December, 1998. APR 13 1999 Executive Summary Riverchase Commons Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $9./ac) -$ 578.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) -$ 213.27 Drainage, Paving, Grading (.425% const. est.)-$ 784.65 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 639.81 Drainage, Paving, Grading (1.275% const. est.) - $2353.95 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Riverchase Commons" with the following stipulations: 1. Accept the Letter of Credit as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Riverchase Commons" 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 5. That the pla~ not be recorded until the Construction and Maintenance Agre=ment and Letter of Credit are approved by the County Attorney'~ office for legal sufficiency. APR 13 1999 Executive Summary Riverchase Commons Page 2 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: ~....."' . APR 13 1999 -... :-. . . , · ' ...;.,, . . z_., 'COELIER COUNTY · ., h:". : ., : . · .. - z ,... : ' r ,- PROJEC. T' ' "' · .. _ ."- ' '7' ~ ' '" · ' "'- · ' ~ ' ' :':'SI T~ "' '. .' - ' .. ,' '. '-' -"-""""-Z---- ':"i' .,,, " "' ' ~ |idi,iOKAi.,LrE RO~,.D . - . ._ .. ' ~ . ' . , .... NTY. ROAD -~~;).. . ~..., ~;' ..-' ""y~. .iX. - -.- ,-, . ' - - . . ..~ . ' ;~ ' .i~ ' , N~,pAi~5 rq'-' ';-- ~ · ' '- .." - ' ~ · ' · ' .- ~';.:. '.:: Z-,! ' ;; i' :' :=' "': ": ' "";' ::' ""' ' ' "' ~. ~.: ..-.' .; .._ ' .' -:...,...,:,..--'..- . . . FROM: Panasonic FAX SYSTEM PHONE NO. : 9415662203 Mar. 22 1999 02:45PM P2 CONSTRUCTION AND MAINTENANCE AGR EE~r,_ENT OF SUBDIVISION ]MPRO~ME.'N'fS THIS CONSTRUCTION AND MAINTENANCE AGREE~'vlENT FOR SUBDM SION IMPROVEMENTS entered into this day of ,199~ be~'een CROSSPOINTE DEVELOP~MENT, INC., a Florida Corporation, heroinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, heroinafter referred to as "The Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: RIVERCHASE COMMONS. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of ~e improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants heroinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: water distribution system, sanita~' sewer collection system, roadway and drainage within 36 months from the date of approval of said subdivision plat, said improvements heroinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security, (attached hereto as Exhibit "A' and by reference made a part hereof) in the amount of $250,004.85 which amount represents 10% of the total contract cost to complete construction plus 100% of the entire cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to knsure satisfactory completion of the required improvements. 4. The required improveroosts shall not be considered complete u~til a statement of substantial completion by Developer's engineer along with final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. " APR I 1999 5. The Development Services Director shall, within sixty days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of its preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developers responsibility for .... maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every, six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substa2~Li al completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvemores. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required heroin. The Developer, as principal under the subdivision performance security, shall be liable to pay "' and to indemnify the Board, upon completion of such construction, the fmal total cos[ to the Board thereof, including, but not limited to, el ~,,~~ APR 13 1999 legal and contingent costs, together with any darnages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of November, 1998. SIGNED, SEALED AND DELIVERED CROSSPOINTE DEVELOPMENT, INC. IN THE PRESENCE OF: Printed Name: ATTEST: BOARD OF COUNTY COMMISSIONERS D\VIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Pamela S. Mac 'Kie , Chairman Approved as to form and legal sufficiency: e~..-Davfd C. Weigel County AtDmey l l-235jg.doc APR 1 1999 i dfionsBank IRREVOCABLE STANDBY LETTER OF.CREDI.T NO. 973695 IXL~.RCH 2, 1999 ISSUER: NATIONSBANK, N.A. 901 MAIN ST. 9TM FLOOR DALLAS, TE_I~S 75202 PLACE OF EXPIRY: NATIONSBANK, N.A. DALLAS, TELLS AMOUNT: $250,004.85 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA 2800 NORTH HORSESHOE DRIVE NAPLES, FL. 34104 ATTN: RIR. JOHN BOULDS~:ORTH APPLICANT: COLLIER. DEVELOPMENT CORPORATION 3003 TA_MI~u\II TRAIL NORTH, SUITE 40(~ NAPLES, FLORIDA 34103 CREDIT AVAILABLE WITH: NATIONSBANK, N.A. DALLAS, TE~S BY: PAI~IENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS DRA~VN AT SIGHT ON NATIONSBANI(, X.A DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRA~VN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY ~NAGER, CERTIFYING T~T: "COLLIER DEVELOPMENT CORPORATION E~S FAILED TO CONSTRUCT AND/OR Rfi4INTAIN THE IMPROVEMENTS ASSOCIATED WITH TE~T CERTAIN PLOT OF A SUBDIX~SION KNO~VN AS (N.~iE OF SUBDIVISION TO BE INSERTED) OR A FINAL INSPECTION SATISFACTORY IN COLLIER COUNTY ~S NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATE' PERFOR~.L~NCE SECURITY ~S NOT ~ APR 18 1999 BEEN PROHDED TO AND FORI~.La~LLY ACCEPTED BY THE BENEFICIARY." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER NATIONSBANK, N.A. LETTER OF CREDIT NO. 973695 DATED R.La. RCH 2, 1999." THE ORIGINAL LETTER OF CREDIT AND ALL .~MENDMENTS~ IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SI-L~LL NOT IN AR']' WAY BE MODIFIED, _~\/IENDED, OR AMPLIFIED BY REFERENCE TO AR']' DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT REM~TES AND AR]~ SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE Al~']' DOCUMENT, INSTRUMENT OR AGREEMENT. DATE OF EXPIRY: THIS CREDIT SI-La~LL BE VALID UNTIL FEBRUARY 19, 2000. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SI-L~LL BE AUTOMATICALLY EXTENDED WITHOUT .4J~IENDMENT FOR AN ADDITIONAL PERIOD OF ONE YEAR FROM THE PRESENT OR AN']' FUTURE EXPIRATION DATE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO SUCH DATE, WE SHALL NOTIFY YOU IN WRITING AT THE ABO\~ ADDRESS BY REGISTERED RL~IL OR COURIER SERVICE TI-L~kT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRA\VN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 1993 REVISION INTERNATIONAL CI-LaJ~IBER OF COMMERCE PUBLICATION NO. 500. APR 13 1999 NationsBank 90: Main Sweet P. O. Box 831000 Dallas, TX 75283-1000 Te", 2!4 508-6262 hafionsBank M.~,CH 3, 1999 THE BO:LRD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 ATTN: MR. JOHN BOULDSx,\;ORTH RE: LC NO. 973695 DATED MARCH 2, 1999 \VE HEREBY CORRECT THE ABOVE MENTIONED LETTER OF CREDIT AS FOLLO\VS: APPLICANT: COLLIER DEVELOPMENT FOR THE ACCOL.~T OF CROSSPQ]NTE DEVELOPMENT, INC. 3003 TA_MIAMI TRAIL NORTH, SUITE 400 NAPLES, FLORIDA 34t 03 ALL OTHER TER3,IS AND CONDITIONS REMAIN UNCHANGED. AUT'Tq'C)~IZ~DSiGX~FOE nawaonsuanK L/C L:O' °'~°~!c'r:, AM. ENDXENT !':!'O: 02 AMSNDMEXi i~ATE: 25MARg.2 BENEFI C I ARY: APPLiCANT: THE BOARD OF COUNTY COh:i!SSiONERS, COLLIER DEVELOPMENT CORPORATION COLLi~'=. COr~:'nv FLORIDA FOR THE ACCOUNT OF 8'b0 NCr'/<TH u:,D'zESHOZ DRIVE ...l ~. J:NTE DEVELOPMENT, ,-, , ...... C=': SSDF - iNC',. NAPLES, EL 34 1 ',j i ~ D,~ o NORi'iq ,._, TAMIAXi T?~.iT CrZTmC' ....... '~ ~ ~ 400 ~,~. HERESY AXE~:D THZ AP:0%.'2Z E:EFEZ~ETCED STAtCDBY LE%TE~i CREDIT AS F:>LLOWS: .... "'~ I?:D:ZU:<ENTS ',TO .... ~ ....... BE:';~ CiARY ' c: , ~ ~' = :,~ , zn= n= z ~, STATEMENT i .~RRECTED TO READ: :";'r'b'~S:'~r~'~"~= DEVELOi'>ZEijU i>,'r' ~ae FAILED TO CO2,iSTiUCT AND/OR ;'iAii<TAiX Ti!E iXPROVEZ<EiiTS ASSOCIATED WiTH THAT CEATAiX PLAT OZ' A ZU/CiViS!OX EX:T:'.WE: ALl EiVEii:HA:EE CC'>2'3i~iUS OR A FINAL SATi'SFACT._:R'Z lE.l COiL'LEE C<)UXTY HAS NOT BEEN PSiFOR>lED PRiOi TO THi< DACE CrY E;'i?iR'f, AETD SAi'!Si-'ACT,:L~DZ',Z ALTE}D!ATE Cl:2j';]DT~'-,' L'.' 2 bT('~"' DT, :2" i~Z,"X7'~ l"'~ '?r', A',,'v T~Z'V~' ' 'F Z,'i'''TT'~'Z''~ SEX l',Z~: 7:2, i-._E/CE l VS>L l l.: EC~k-LA/'i C'::2<: - 'l{'e q'<"" ........ ":<22LACZS "22~V1,:;~7S AC'iiC:ii:2'ZZ:'ll' SO. :; DATE;,, 'c;"c9 & ...LL ~u== ~:w.? =,';,~'~ .......... ,~ TS T;z= ~ ...... SHO..;l,;: E.E A i':i'A ';HEL~ Ti-<ET:EC:?. T(':, A,_',S.2211',;.17C2- TLEASZ :TAL. L CUSTC?2>/EZRViCE AT NATIONSBA:';K, N.A, BENEFICIARY: APPLIC, m- ~V=: THE BOARD OF COUNTY CO.YXiSSiO[qERS, COLLI b~. ~. ..... CORPO-~a. TiON COLLiER COU:TY, FLORiDA FOR ACCOU:T OF 280(~ b~OEUiq H:U>RSESHC~2. DRIVE CP,9 NTE L'EVELOPb~EbiT~ iNC. ~GAPLE;7.~ FL S4!04 $0 TA>~iAb'.i TRAIL NORTH, SUITE 400 ATi'N: biB.. ,:OHi'i 2.;'j:.IL/~SW3RTH }; FL 34103 _. nz .... r,: A2-122:2} THE AEOVE/.'E=ERFb;,CE' STANDBY LETTER OF GREY;iT AS L,'_~, .... 'CR.::S.r]P,L~Er':U: '.Aib:TA::: THE .:b::-']~:<:,/EXE:':':~3 A~h: iATE:, WiTH THAT CERTAIN PLAT O: A SUI. 2.:ViS!:"' F::%<:': A:i: RiVE:~CHI C.O:<>:O:':S OR A FI:AL INSPECT::'v "'~:2 :.FA<:Uq<<': 2: :,:':2~:22~.R ":.':.~U:: :.iAS .': BEE: PiRE<:E:'::D :R<)PS:-. TO {::1 DATE ,:,E::~::;/.Z'ZY HA~ ~:::;':E ~: C: A::iY." ,T,E:::"E2< ' :/PLACES - r ,TfH=~, TE?..:d2 ~' .... ~'~ IS OPE~.Ti iNSTRUMENT A~ ._ "=' ';N ,H. ,5',;t=,. THiS TEE VE u'zT/:i-: W~=''77 ~'l :':TEG%~M PARE' O1' ITTTr~ OF CREDIT NO 973695 ANY TM SHii':JL.]: YO>: A:SiSTA::.:: if, EASe/CALL CUSTC~:':ER SERVICE AT 214-506-0555 1 / ; ,- S I GNATURE NATIONSBA:K ~ N.A. APR 13 1999 IEREVOCABLE STANE:7. LETTER OF CREDRt~Irgt. 973695, PAGE 1 ~ScUING BA.XK: NATiOi';SBA.',ZK, 2.:. A. L/C b".O: 973695 Ab'.'E.',:D.'.TEbi? buO: 02 AHENDXEb:T z'~ATE: O~;~XARC~9 BENEF i C i ARY: APPLI CANT: THE BOASall OF COUNTY CO.'-I'41SSiO:,:ERS, COLLIER DEVELOP?-IENT CORPORATION COLLIER COUNTY, FLORIDA FOR THE ACnOU.',',T OF 28C.,Ci biOl;.'.lH H;D/,cSESHOE Di-:IVE CROSSPOiN~E i-~EVELOPI<EXT, NAPLEj, i;'LORZDA ~;410-1 ':-~rxl3 mArT ',"' mR~TT ATTX: Xi(. ,Z. OH,'.~ BOULDSL';'.Di::YH ~qAPLES, ZLORiDA 34103 WE HEREBY AXE}iD THE AEOVi REi:ERE}:CEi,' STAND-Y LETTER OF CREDIT AS FOLLOWS: Ub~ij:ER DOCU:'~EXTS P, Er~;iiRED~ THE RENrz=iCiA Y'S S~,4. T~}zPb:T ':i:2Z,:'TAZ:,: 2LA? C!!; A SU~i,'iViSiO:.,; }l:'i'b;,.;~; ;.Z RiVERCHASE CO":i'.-:O:;S OR A 'El I',:AL i ~.; S. 7-'ZCT i (!':.; SAT l S. _:'ACTCI:j~' 'l :'1 C0' _ '..i ER COUNTY HAS f~:~j-.:.'.:d!bii';E;2, :-"ikZC!f< 'iC', T}:.'_~: LLq'i'E ,,.tZ f.'i'~:'Z.j:f', A."iZ~ SATiS*=AC, TORY ALSiERZ:P""'E Z-Z-}.:Z:'?;-/A::'.::-Z SEZ:.:F,:~"f HA:::, ,"':~ ::-'," :',.:':'1'7" ~:'(., ~.'.'-, :,',-':,v~--'v* A'.::'..:.:.';P'_'.2_:., ::;: '222 'd.':'Z."TS::;Z,"jiA:~":':' ~ ALL OTHE}.:, 'Z'Zk;-;S U:':CHA::,';-:E;~. 2HZS iS THE OPERAT.T. VE :'.":STRUXEb:T WZEiCH FOR.":S Ai'C iN:'EGRAL :-'A:-:'2' O! LETTER OF CREDIT XO. 973695 AXD c~U ~_1 A .~ 2p T ,_,i !" UL~'. BE T ....,,:.'2. i-".X~' i--:ERE~'''. FOR Ai',S:',-::'.t-.::,_"'E PLEASE CALl, CUSTC:}:EE SERVZCE AT 2L4-508-0685. NATiONSBAZqK, b;. A. APR 18 1999 IRP, EVOCABLE STA,';DBY LETTER OF u~,t ~X , 'z ' ~O. 973695, PAGE 1 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND ACME TOWERS, INC. OBJECTIVE: Approval of a Lease Agreement with Acme Towers, Inc. for the construction and operation of a monopole communications tower within the Vineyards Community Park. CONSIDERATIONS: Staff has negotiated a lease with Acme Towers, Inc. for the use of 1,000 square feet of vacant County-owned property within the Vineyards Community Park, for the installation and operation of a 150 foot monopole communications tower. The tower will be equipped to handle three separate communication systems which Acme Towers, Inc. will sublease to communication carriers. In addition, Acme Towers, Inc. will reserve a 30 foot band from 80 feet to 110 feet for future County use. The term of the lease is for 10 years with one option to renew for 10 years. The annual rent is $24,000 due in full upon commencement of construction and on the anniversary ,._.. date of each ensuing year of the initial term. Every five years of the lease, the rent will be increased by 20%. Acme Towers, Inc. will provide the County with a one-time contribution of $10,000 for improvements, at the County's discretion, to benefit Vineyards Community Park. Acme Towers Inc. is also required to provide the County with a refundable security deposit of $20,000, which will be interest bearing. Collier County will be entitled to all interest accrued from deposits, upon the termination of the Lease. The terms of the Lease Agreement and proposed use of subject property have been advertised pursuant to Florida Statute 125.35. A copy of the advertisement and Affidavit of Publication are filed with the Real Property Management Department for inspection. A copy of the Lease Agreement and site plan are on file with Sue Filson and the Department of Utility and Franchise Regulation. FISCAL IMPACT: The annual rents will be deposited in the following accounts: 20 % into MSTD General Fund (Franchise Administration) and 80 % into General Fund (Vineyards Community Park). In addition, the one time contribution of $10,000.00 dollars will be deposited into the General Fund (Vineyards Community Park). Any deposits, including interest bearing deposits, will be deposited into the MSTD General Fund (Franchise Administration). GROWTH MANAGEMENT IMPACT: None APR 13 1999 RECOMMENDATION: That the Board of County Commissioners approve a Lease Agreement with Acme Towers, Inc. and authorize the "" Date: ~F/' S"f'~7 D.E. "Bleu" Wallace, Director APPROVED BY:~~-FrancZ~TZn Vincent A. Cautero, AICP, Administrator, Community Development and Environmental Services Division APR 13 '1999 EXECUTIVE SUMMARY APPROVAL TO RENEW CONTRACT #95-2430 FOR ENGINEERING SERVICES, BRIDGE AND STRUCTURE REPAIRS. OBJECTIVE: Obtain Board approval to renew the current Contract for engineering services, bridge and structure repairs with Kissinger, Campo and Associates Corporation (KCA). CONSIDERATIONS: The Board of County Commissioners awarded the above referenced Contract on May 28, 1998 (Agenda Item 16(B)5). The Contract is effective for a two-year period with an option to renew for an additional one-year period for three consecutive years. The renewal option is subject to approval by the Board of County Commissioners, The vendor, KCA, has agreed to the second one-year renewal option (Attachment No. 1 ). During the past three years, KCA has provided services for repairs to the Big Horse Pass and Chokoloskee Bridges and condition reports on several other bridges. KCA has been very responsive to the County's needs. FISCAL IMPACT: Funds are budgeted in Fund 313 (Project 66066) in the amount of $250,000 for FY 99. It is anticipated that there will be a similar budget item in the FY 2000 budget. Funds are assigned and encumbered on an as-needed basis throughout the year. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Approve renewal of Contract #95-2430 with Kissinger Campo and Associates Corp. for Engineering Services, Bridge and Structure Repairs for the renewal period of one yea SUBMITTED BY: DATE: E w rdJ ' ' REVIEWED BY:_ _~j~--'~'/~ C'; ' 'L.j2,-',~-"-' '; DATE: ''~' Stepheft Y. Ca~rr~ell, Director, Purchasing/General Services APPROVED BY:~~~~~¢=~.¢~~ DATE: --~"/ Ed Ilschner, Public Works Administrator Attachment: No. 1 - Renewal Letter COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 8301 EAST TAM1AMI TRAIL P~'U"P'P'GR'I SERVI'~ DIVISION GENERAL SERVICES BUILDING NAPLES, FLORIDA 84112 (941) 774-8425 FAX (941) 732--0844 A CERTIFIED BLUE CHIP COMMUNITY February 10, 1999 Mr. Joaquin Campo, President Kisinger Campo & Associates Corp ~ 2203 N. Lois Avenue, Suite 44,8/~oo Tampa FL 33607 RE: Contract #95-2430 --'"Engineering Services-Bridge & Structure Repairs" Dear Mr. Campo: Collier County has been under Contract with your company for the referenced service for the past three (3) years. The County would like to renew this contract for one additional year in accordance with the renewal clause in the agreement. If you are agreeable to renewing the referenced contract, please indicate your intentions by providing the appropriate information as requested below: I am agreeable to renewing the present contract under the same terms and conditions as the existing contract. I am not agreeable to renewal of this contract. !f you are agreeable to renewing the contract, this letter (upon your signing and return) will suffice as the contract and will be consummated upon receipt of a County Purchase Order for this renewal period, commencing May 28, 1999 and ending May 27, 2000. Also, ptease provide an updated certificate of insurance for our files. 03/11/1999 11:48 9417320844 PURCHASING PAGE RENEWAL LE'FrER PAGE TWO BID NO. 95-2430 Your prompt attention is urgently requested. Please retum this letter to the Purchasing Department with your response by March 1, 1999- Stephen Carnell Purchasing/General Services Director Acceptance: e~~CIATE~, CORP. JO.aquin M. Camp.or P.E., President Typed Name and Title Date: FabTuar_~ 18.19~.~ cc: Edward Kant, Transportation Services Director EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO REPLACE A GENERATOR AND RENOVATE THE ELECTRICAL SYSTEM AT THE NAPLES LANDFILL SCALEHOUSE OBJECTIVE: To gain Board of County Commissioners approval for a budget amendment to use reserve funds. CONSIDERATION: The emergency generator at the Naples Landfill Scalehouse must be replaced and the electrical system must be upgraded to a 200-Amp. system. Solid Waste Department reserve funds are available for this use. FISCAL IMPACT: $19,500. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve this Budget Amendment. S. B~e~enharn, Sohd Waste Coordinator REVIEWED BY: v Date: 3 David W. Russell, Director, Solfd Waste Management Department APPROVED BY~ Date: Ed Ilschner, Public Works Administrator EXECUTIVE SUMMARY APPROVE A ROAD IMPACT FEE DETERMINATION FOR ST. KATHERINE'S GREEK ORTHODOX CHURCH OBJECTIVE: To present to the Board of County Commissioners an opinion by the Transportation Services Department that the proposed new sanctuary for the St. Katherine's Greek Orthodox Church will not require the imposition of additional road impact fees and a request that the Board approve this determination. CONSIDERATIONS: In March, 1993, St. Katherine's Greek Orthodox Church was granted approval of a Site Development Plan (SDP 93-110). That SDP included both the initial construction of a fellowship hall and a proposed sanctuary. The fellowship hall was erected as the initial phase of construction and has been serving as both the sanctuary and the locus for social events by the members of the church. The church is now ready to construct the sanctuary as approved in the SDP process. The new sanctuary will contain 7,975 SF. The church representatives have requested that the Transportation Services Department review the approved SDP and determine if there are any additional road impact fees due in securing a building permit for the sanctuary building (Attachment No. 1). The Transportation Services Department has responded by letter dated March 18, 1999 (Attachment No. 2). In that response, staff has opined that there are no additional road impact fees due. That opinion is based on a reading of the definitions of a church in the Collier County Land Development Code (LDC), the ITE publication Trip Generation, Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance (the Ordinance), and information supplied by the church. Staff is requesting that the Board of County Commissioners approve that finding. FISCAL IMPACT: St. Katherine's paid $10,802.30 when the permit for the existing sanctuary/fellowship hall was obtained. The new sanctuary would generate $10,156.89 in road impact fees if the Board does not uphold the staff determination. The applicable account is Fund 331 (Road Impact fee Trust Fund No. 1 ). The balance in Fund 331, Reserves, as of March 18, 1999, was $209,071.00. GROWTH MANAGEMENT IMPACT: None Executive Summary Approve a Road Impact fee Determination for St. Katherine's Church Page 2 of 2 RECOMMENDATION: That the Board review the accompanying attachments to this executive summary; approve the staff finding of no additional road impact fee due, and; authorize staff to process the necessary docu ntation to Carry out the Board 's direction. PREPARED BY:~/~-~(//: r/~{~ , /'" DATE: >~ i~,ard i~; ran ation Services Director REVIEWED BY:/ 7' ~ DATE: A V cen,~/.. '~ , ,"/ . . and Env. Svc. Administra~ PPRO ED BYk":2~cen"Y'A'~ tre o,~ DATE:.~',,~-~"~ Ed llschne~'lS'ublic Works Administrator Attachments: No. 1 - Letter dated February 19, 1999 from St. Katherine's Greek Orthodox Church No. 2 - Letter dated March 11, 1999, from the Transportation Services Department ,,, ,t ST. KATHERINE GREEK ORTHODOX CHURCH o - o .7. 7100 Airport Rd. N. Naples, Florida 34109 ® >. (941) 591-3430 Fax- (941) 591-3271 922 ""~:-:,'!i":::; .' ' "" ACTION: February 19, 1999 INFO: Mr. Edward Kant Collier County Government FILF' :,-: Transportation Department :--v ' 3301 East Tamiami Trail X-RE.F: :,~ . · Naples, FI 34112 Re: Road Impact Fee St. Katherine Greek Orthodox Church 7100 Airport Rd. N. ...~3 ~.- Dear Mr. Kant: We will be submitting to Collier County to amend the existing SDP for the St. Katherine Greek Orthodox Church. It is proposed to construct a 7,975 SF. Sanctuary addition. This addition was considered and approved as part of the original SDP review' process. In constructing the new sanctuary there will be no change to the number of people attending services, however, services will be located in the new sanctuary. As part of our submittal, we are required to submit for Certificate of Adequate Public Facilities (COA), that a road impact fee is part of this submittal. We would like to ask you to please review this road impact fee for this addition. There will be no increase to the load on the roads, water or sewer services over the existing. Enclosed is the proposed site plan and floor plan for the addition. Thank you for taking the time to review and consider our request. Sincerely, ~ Andrew' J. Eliopoulos PAGE . [ OF / [ Pc. ,J COLLIFR COUNTY GOVERNMENT TRANSPORTATION DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (94 1) 774-8494 FAX: (94 1) 774-5375 A CERTIHED BLUE CHIP COMMUNITY March 18, 1999 Mr. Andrew J. Eliopoulis St. Katherine Greek Orthodox Church 7100 North Airport Road Naples, FL 34109 Re: Road Impact Fee Determination for New Church Sanctuary Dear Mr. Eliopoulis: Thank you for your letter of February 19, 1999. In that letter you requested a determination as to whether there will be any additional road impact fee due to the construction of a new church sanctuary.. You stated in your letter that there would be no change to the number of people served by the church as a consequence of this proposed addition. The imposition of road impact fees is governed by Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance (the Ordinance). Section 3.01 of the Ordinance provides for certain exemptions to the imposition of new or additional road impact fees. The allowable exemptions include: A. Alterations, expansion or replacement of existing dwelling units which will not increase the number of families accommodated. B. Alteration or expansion of a building if the building use upon completion does not generate greater external trips under the applicable road impact fee rate category. C. Replacement of a building, or construction of an accessory building, if no additional trips on the external road network will result. D. Mobile home lots or spaces where the fee has already been paid. E. Construction of certain defined medical facilities. F. Construction of publicly-owned govenm~ent buildings. Based on your letter and the information you have provided, it is our opinion that this ""' proposed new sanctuary construction'could be exempt from additional road impact fees under Section B, above. ATTACHMENT NO.- /"" ' PAGE. / Mr. Andrew J. Eliopoulis March 18, 1999 Page 2 The Ordinance contains a fee rate category for Churches (Category 16: $1,303.00/1000 SF). When the present church was constructed, a road impact fee in the amount of $10,802.30 was paid (Permit No. 930002077, March 5, 1993). That fee was based on a building of 10,801 SF. For a church building that size, the fee should have been $14,073.70. Therefore, the fee was underpaid by $3,271.00. The proposed new sanctuary will be 7,795 SF. This space would require $10,156.89 in road impact fees. This amount is consistent with the fee already paid. A church is defined in the Collier County Land Development Code (LDC), the ITE publication Trip Generation, and the Ordinance. In all of those definitions, it appears that the primary use for such a structure is for the profession of faith and the practice of religion. Assembly halls, fellowship halls, offices, meeting rooms and other, similar uses are incidental and ancillary to the main use and purpose as a place of worship. A school, hoxvever, would be considered a separate and distinct use requiring additional computation for road impact fee purposes. The conversion of the existing sanctuary to a fellowship hall appears to be consistent with the definitions and could be considered an ancillary or incidental use to the church complex. We will prepare an Executive Summary to the Board for inclusion on the next available Board Agenda, in the Consent portion of the Agenda, requesting they approve our interpretation of the Ordinance in this specific case. We will notify you as to the date and approximate time of the Board 's consideration of the item. You may wish to be present in the event there are any questions from members of the Board if the item is removed from the Consent Agenda and placed on the Regular Agenda. If there are any questions or if you seek additional information, please contact me at 774- 8494. Very truly yours, cc: Robert F. Fernandez, County Administrator Ed Ilschner, Public Works Administrator Vincent A. Cautero, AICP, Community Development Administrator File: St. Katherine's Greek Orthodox Church RIF ATTACHMENT NO. PAGE 2..--. OF EXECUTIVE SUMMARY AWARD A CONTRACT TO NATIVE TECHNOLOGIES, INC. FOR PHASE VII, COLrNTY-WIDE DITCH BANK CLEARING PROJECT, BID NO. 99-2914. OBJECTIVE: To receive Board approval and award of a contract for Phase VII, County- wide Ditch Bank Clearing, to Native Technologies, Inc. of Ft. Lauderdale, Florida for $49,345 in accordance with Bid No. 99-2914. CONSIDERATIONS: This project involves the clearing of undesirable vegetation, primarily Brazilian Pepper, that has the potential to severely restrict stormwater flow and maintenance access from ditch cross-sections and adjacent established maintenance travelways. The rapid spread of Brazilian Pepper and other exotic vegetation in the County's Secondary Drainage system continues to be an on-going problem. Bid notices were sent to approximately 95 land clearing contractors. On February 25, 1999, a pre- bid conference was conducted for several contractors. On March 10, 1999, bids were received from 5 firms. Native Technologies, Inc., submitted a bid of $49,345 for all 8 work sites. Staffs estimate for the same work was approximately $54,365. Staff contacted several references who highly recommended Native Technologies, Inc. as a competent company who performs work in a timely and responsible manner. FISCAL IMPACT: Funds in the Stormwater Management Department budget are sufficient to cover the $49,345 bid for this 7th phase of the County's ongoing ditch bank clearing program. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Award Bid #99- 2914 for Phase VII, County-wide Ditch Bank Clearing Project to Native Technologies, Inc. for all 8 Work Sites and (2) authorize the Board Chairwoman to sign the construction contract. PREPARED BY: Bruce W. McNall Date Stormwater Management Coordinator REvIEwED Jo3m H. Boldt, P.E., P.S.M. Date Stormwater Management Director REVIEWED BY: Stephen Y. Cam~ll Date Purchasing Depa~ment Director APPROVED BY: Ed Ilschner Date Public Works Ad~strator EXECUTIVE SUMMARY REJECT RFP #98-2866 FOR FIXED TERM PROFESSIONAL CONSTRUCTION ENGINEERING INSPECTION SERVICES OBJECTIVE: That the Board of County Commissioners reject the Request For Proposal for the Fixed Term Professional Construction Engineering Inspection Services (FTPCEIS). CONSIDERATION: The RFP General Conditions and Instructions to Proposers contains a clause titled "Principals/Collusions" which states that the proposal is made without connection with any person, company or parties making a proposal and that it is in all respects fair and in good faith without collusion or fraud. While reviewing the RFP for FTPCEIS it was found that two of the proposal firms were used as subs in some other proposals. A Legal interpretation was requested from the County Attorney's Office and they concluded that in this case there was collusion and therefore recommended that the two firms be disqualified. The two firms were contacted and they stated that they did not know that other proposers were using them as subs. A second request for legal services was submitted explaining the above, but the original interpretation stood. The Selection Committee met to discuss the situation and unanimously decided that to make the process fair for every one, the entire process be started all over again. The Purchasing Department will be making changes to the RFP process. As for the FTPCEIS, the Purchasing Department will be resoliciting requests in the near future. Accordingly staff recommends that the Board reject all proposals received. FISCAL IMPACT: There is no Fiscal Impact with this request. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That The Board of County Commissioners, Pursuant to the Purchasing Policy of Collier County, Section VI.D.1 reject RFP #98- 2866 for Fixed Term Professional Construction Engineering Inspection Services. Executive Summary Reject RFP #98-2866 Page 2 SUBMITTED BY: .... ~ ~ ~ Date: J~T~'~~. Adarmes Minor, P.E., Senior Project Manager Public Works Engineering Department "~""- "' REVIEWED BY: ,2-?ieff Bibby, P.E., Director Public Works Engineering Department REVIEWED BY: - L,'i *.~,7' C'-4~"' - Date: Steve Camell, Director Purchasing Department APPROVED BY~ Date: Ed Ilschner, Administrator Public Works ExSum.lh. RejectRFP P G. ~ 7~ EXECUTIVE SUMMARY APPROVE WORK ORDER ABB-FT-99-1 TO AGNOLI, BARBER AND BRUNDAGE, INC. FOR ENGINEERING SERVICES RELATED TO A PROPOSED 16-INCH WATER MAIN ALONG RAD10 ROAD, PROJECT 70029. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing BOard of the Collier County Water Sewer District, approve and authorize the Public Works Engineering Department (PWED) Director to sign a Work Order to Agnoli, Barber and Brundage, Inc. (ABB) for engineering services related to a proposed 16-inch water main along Radio Road between Santa Barbara Boulevard and County Road 951. CONSIDERATIONS: The Water Master Plan calls for construction of a 16-inch water main along Radio Road from Santa Barbara Blvd. to CR 951 in Fiscal Year 1999. ABB has previously designed a 12-inch water main from Santa Barbara Blvd. to Davis Blvd. that was intended to be constructed along with the four-laning of Radio Road. This Work Order will provide for the upsizing of that main and extending it to connect to an existing 48-inch main near CR 951 as called for in the current Water Master Plan. Staff has negotiated the proposed scope and compensation as provided in Work Order ABB-FT-99-1, copies of which are available for viewing at the Clerk's Office of Minutes and Records, the Board of County Commissioners' Office, and the County Administrator's Office. --.~', FISCAL IMPACT: Funds for engineering services in the amount of $49,943.00 are available from Water Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District approve a Work Order to Agnoli, Barber and Brundage, Inc. and authorize the PWED Director to execute Work Order ABB-FT-99-1 in the amount of $49,943.00 for the Radio Road 16" Water Main. SUBMITTED BY:~ DATE: Ronald F. Dillard, P.E., Project Manager Office of Capital Projects Management Executive Summary Approve Work Order ..... Page 2 eft i~ibby, P.~.~ Directo7 c Works Engineering Department REVIEWED BY: /'~'~vq/~~ DATE: Piml E. Mattausch, Water Director APPROVED BY:~DATE'B~,,,n~7~'Jii~ Ed Ilschner, Administrator Public Works Division RFD:rfd X%'ORK ORDER #' ABB-FT-99-1 Agreement for Fixed Term Professional Engineering Services Dated December 8; 1998 (Contract #98-2835) TEis Work Order is for professtonal e-'gize:ring setvines for ~'ork known as (Ti:]~l Radio Road 16' Water Main from Santa Barbara BIrd :o CR 95! ~Reason for Proi~ctl ~Va~r M~s~r Plan calls for :ons:ruz:ien in FY 99 to incr~as~ Th~ '~ork is sFecifi~d i: the proposal da:~d Febr-aarv 3. lq0~ . ~'hich is attached h~re:o and mad~ a par: of th:s %Vork Ord:r. In accorda::: ~'ith :~: Terms and Cond~:iozs Agre~m:nt r:f~r~nced above, %Vork Ord:r = ~BB-FT-9~-I is assigz~d to A~noli. Barber & Brund~e. [::. : Firm Sco~ o5 Work' Task A.: D:~ elop Plan Base MaFs. Task A.2 D~v~lop Cozs:r;::ion Pla: Task A.3 ?r::are FDEP P:rm:: AFF!::z:iezs Task A.z D~v~lop Co=tra:t Docum=z:s Task A.5 A:t=nd Prc-bid Meetings Task A-6 Co=str;c:ion Emgine~riag S~B'ices Task A.7 Coastrue:ion Observation Task A.S Cozs:r=;:ion C=r:if:catio=s &Record Dra~'izgs Task B. 1 Her:zozt~l & V~rtical Con:rc] Task B.2 D~sigz Szrv=y Sch:dui~ of Work: CcmF:::~ d:sxgn :hro;gh Task A.I, ~-::k:: ~0 days from r:c:iFt of :k: N'o:::~ to Proc::d au:hor:z:zg star: of ~ ork. :omp::sat~ th~ Firm :: accordant: ~'tth th= =:g~tia:~d i;mp sum amouzt indt:at~d schedule b:lo~- (~f a :ask ts z:m~ a=d mat:rial, so l~dtcz:e and us: :h~ ~stabIish~d hourIy rare(s) as chum:rated i~ Sch:d;l= 'A' of xh: Agr=:m==t). Tasks A.1 S ~,943.00 (lump sum) A.2 S 6,500.00 (lump sum) A.3 S 650.00 (lump sum) A_4 S ~,200.00 (lump sum) A.5 S 460.00 (tim: &material) A 6 S ~,660.00 (tim: &material) A.' 521,300.00 (txm~ &material) A-S S 2,199.00 (lump sum) B.1 5 ~,14!.00 (lump sum) B_2 S 5,235.00 (lump sum) Reimbursables S 595.00 (time & material) TOTAL FEE 549,943.00 '&'o:-k Order ABB-FT-99- I ?ag_- 2 .Any :hang,- '~'ithin mon::zry zu:hority cf this Work O:--i:r rnad_-' subsequ:~-x to d.-par:m:zt appreva] ~-i]l b: :onsid:r:d zn a~d:Uonal s:r~'i:: and charged a:cordi:~ xo Sch,-dule 'A' of :he Agr,-:men:_ Rc, nald F. Dillard, P.E.. Project Manager Da;c APPROVED BY: Jeff Bibby. P.E..P~VED Di:~'c:or Daze Approved as ;o Fo:m ~,yf_Z'iz::zzy:/7' ""-- . .,~ ~ / Ass,,s:a:: Cou::y A::orzey ~ ACCEPTED Atnoli. B~rb~r & Brund~. Inc. Nam: of Firm By: ~ -~ ' · By: Daziel W u ~ , P-E . President T)'p~ Nam: and Ti:Z: Te_--,p:a:,-SN ~'O F:ted T,*:_-: ?:'o E:_~ Set%' 2 · mamaam ~ ~,"'N])~ E :~c lielima ~, , G . Napl=s, Flo~da 34 ! 12 Radio Road 16" %Voter ~lain Construction from Santa Barbara gh'd. to C.~ 951 .~3 PN 7533 A~ >-o'~- req~=s~ A~o~i, B~ & 3~ndag=, ~c., is Di=~ to ~;bmit C~s propo~l to =:o~ssional s=aqc=s 5:.r d~v=b=m~t of cor~z~om pl~, p=~it applicz:iozs, con~:t d~z'=m:nts, =~d consu~:t~an s:3iz:s for fine cor~z~c~oz of~ i6" water m~n along Za!~o Rzz~ 5ore Santa Ba~z~ Bird. :~ C.t 951. A nr~' s:: of:Im~ ~!ll b: develop~ on m>'Ia- c=pf:s of~n: rozjway :=raTa:iron =Irons for ~s s:~:z: of Radio Road. New Lnfomation rand plan she=z '~qll b: dgvelop~ for ~: Da~s Blvd. s~tion 5ore Radio Road to C.I 951. Co=n~' Public Wor~ and lz~n~ng, he~fna~= ref=rj t~ ~ Ciien~ ~: following prof=ssional s=n'iccs: 1. SCOPE OF SER~qCES A.I. D:vclop plm ~nd p~fil= b~e i~i~. MyI: s~fa copi~ ~11 of fi: hio Road pB= ~'o ~r~zfion plm-s for in: segezt ~m b: d~'=Iop~ for fie ~cfion ~=ng D~s Bh'd. ~m Radio Ro~d to ~qckf~' of ~= McDon~ R~m~t lo~t~ w=st of C.I 95 I. D:v=iop a co~m:fion plm ~ for ~: 16' water m~n co~:fiom p!m ~t ~H ~:lud= but not be li~j:~ to ~: follo~=mg sh~ * Tifi~ Sheet , ~'~1 M~t=r PI~ & S~t b~on Map , PI~ ~d ~file * ~Vat~ N.~ Cog~on ~1 Sh~t OI-C.21Yg.PRO 1 A.3. Pr~--,,~ar~ Florida Dep z.'--_~enz of appi]catiop~ for ~ ~p~z~on ors po~]~ wa~gr main. A.=. D~velop Connzt D~l~:n~. u~n ~e Collier Co~n~' S~d~-d ~s~bl: in: ~cifi~on b~DE~t m~:~ ~py for p~ndng by Co]ii:r :g'in~'. J~B ~t] pm~d: Colif:r co~n~' *~ a r~or_~=ndafion for awL-~ of A.6. ?:e~dg c.~T~ztion ~-~-= sz3~c=s to inz!uf: az~njing cn~ Dre- A. 7, P:fo~ C, DP~CtiOn obs:3'a~oy3 r~-~ by ~Lm~. it ~s ~Imtd C-2: obs~-a~on ~ll be r~u~r~ 4 hD~ a day fDr a 3 mon~ co~az~on A.S. Pro~d: c:~dScatioe~ ofcop~ztion ~d r~ord d~-~-ings to Cne Co~p:' ~d DL~ ~ ~~ by ~e ~o~' p~. l~e r~rd d~'~ngs ~II bs b~ u~n ~s con~zt ~ ~~ p~--~ by Ens Connzlor. B.I. Hof~n~ ~ Vwj~ Con~L Re-w~Hsh m~'ey b~etin: for ~adio 'Z~e ~=w~' b~eEn: a~ 1 ~' ~t~'~. pmj~t ~dor at appmxLm~eb' 1 ~' ~te~'~s. B.2. D~ Smwey. ~: n~' to?~M: fea~ ~ong Cne no~ierly side of Radio RoM (no~ ~g: of~vm~t to ~: ~pm~e no~ ~t~f- way I~e) bm S~m B~ Btv~ to~~c f~ ~ ob~ n~=Z~}' side ofDa~ Blv~ n~=Z~ ~t~f-way Hne) bm ~o RoM to ~: ~:X~' of fine McDon~'s te Co~ ~ ~e fie ~ ~ on ~ch ~d of~e p~j~t 01-021Yg.PRO 2 2. .-~DDFrlO.Y.-~L SERVICES .-LN'D EX'TR_-~ ~x,'ORK S~-ices no~ sp..~ci~zatly izzluded in Section !. Sc~ope ofSe~-ices ~iI1 be peffo,-rn~r~ as 2ddition~ servizes on a.n hourly basis, plus reimb':--:,.zb!e expenses Ln azcordzn:.e ~ith .'Z":e .Rate Schedule enzlosed wi:.h this A_m'eemenL Se.-,'ices and fe~ provid~_d in th~s A_~f~-,~_.em~I z.oe bas~ upDn govermmen:zl pal_-s, r~.H2Hons and polizies in ~frect az fne :ime of~cu:ion of'dn2s A_-~z~ment. ShouId changes :zke effect d":-ing ~ine pe:iod s_~n'ices a:e b~ng p_-. ;c..-.~ed and resu:". in add.;.:ion~_I A_BB wo.i- r_'~c.u!re.--..ents, :his A_~=-.g~.~n::_~_.: :vH1 be rn..od2fi~d by zpprova! ofthe ?_-des. Ln addition, .-~BB will pe:-7o.,"ra addi:!onzI s:~"Z:~s beyend 'Z'-.~ woTk described wi"'~i': au~hor:.z~d by .'Z-.e Ci~en'- Wh_~n such ';-'srk c~n be idzn. t2~ed in adv2_'~ce, ABB will provide a reasozzble _~-.j.'r.~_ze for such wof,: a_'~d ';~zen au.tlnorZza:,Zon ob:~ned. 3. FEES .-L\'D CO.~IPENSATION Com.~er:~a:jon for wo.-k pe.~o.,-ned trader Sec~Zons A fotto:vs: A. 1. DeveIop PI~_n Bzse .~,',aps S 1,9-:3 FF A.2. Develop Co=sruzdon Plzn Se: 6,5~ FF A.3. ~-e DE? P~Ht App!i~ar~ 650 A.Z. Develo3 Con~t d~z~menB 3,260 A. 5. An~nd Pre-bid M~t~gs 460 T~l .~6. c~z~on ~n~ng Se3~:~ 4,6~ A.S. Cor~z:ion c~]~:io~s ~ R~ord D~ 2,199 FF B.I. HoSzon~ ~ V~Hz~ Conrol S3,I~l B.2. ~s~ S'~'ey 5,235 FF ~im2:e Expe~ 5595 T&~ TOT.~ ~9,9~3 We hope Chat ~s p~ ~fazto~ly ~nds to >'o~- _~quest. If you have ~n>' pi~e do not h~ze to c~l. Shnz~Iv, ~D/ ~I W. B~ag~' ~id~t t 0: ~21Yg.PRO 3 IIili~ ,:L-XTE SCHEDULE - E~FECTI\'E APRnL 30, 199~ R~is:_~r~ En=ineCr:?Hn:?p,_! S] 15.00 St. Re~is:er~ E~£neer ~ 95.09 .Hr. R~___-is:~r~ Engin_~ar S S0.O9 .:-:r. St. Design Engineer S 70.00 .Hr. D~sign Engineer S 60_00 .'-at. TezhnE:izn S 38.00 .Hr. Pi'_-nni.-.g Dire:::r S: 03.00 Z--it. A,~minis::"'_:i~ e Piazn.~r 5: 05.0,3 Hr. Ce.-:ified Planner 5 80.0'3 Pr~.iec: Pi-_nner Ijrb-_n Des~2_ner S 65.00 Hr. Pr.-:~-' Mana£er ~ 75.03 Ft. Pr~',iec: .X,*anager (?.L.S.) S 95.00 .Hr. Pr.:iez: .'%*.3na_.e: (P.E.i S 95.09 -e-L-. Sr Pre:e:: N:znzzer i? E.} 51¢5 09 .'-.'r_ St. Regir, ere~ Su,-xe.xor S 83.03 R_~gis:ere~ Surxe:.c.r S 7003 Hr. Te:hni:izn ! S '2.03 .'-at. Te:hni:i-_n II S 50.03 .Hr_ Te:hni:izn I11 S 58.00 .'-:r. Te:hniri-_n IV S 65.00 Hr. T,, a .X'.~_n Sun-ey Cre,~ S 80_09 Hr. rr. ree Man Su,'-.'ey Crew S 90_00 F~-'.'r Man Sun e>' Crew S ] 00.00 Hr. Fix e N*.~_n Sun'ey Cre~ S i 10.00 Hr. Cc::reller S 65.00 Hr. Desi~'a D~f:.sm?~n S '5.0'3 .'-.':. ,D..~._sm~.n S 35 00 .Hr. C~urier S 20.00 Mr. Cie.-ic21 i S 35.00 '-it. C[eri:al II S 40.00 H.'. B[uep.-ints "· _-, x 36 S 1.50 Biuep.-ints 36 x 48 S 2.50 ~ .M~i-_- Sepia 24 x _::3 S 15.00 Ea. .',:? ia: Sepia 36 x-'S S 20.00 Copi.~ 8-I.2 x i I S .05 Ez. Copies 8-12 x !4 S .07 ~ Copi_--s 11 x 17 S .10 ~ .:.e:4.'-i T~Te: 6' S 7.C)C., ~ A_'xi.'--I Target 12' Gro"-n:t S 14.00 A_~ri.'-I Target 12' Road S 21.00 .%lil-.2.ge S .31 Mi. 4-%~,~e-el Mileage S .50 Mi. Regis:.e.%ed Engine-=rixper:_. Wimess 5200.00 Hr. Ce.-.i~e:l Pt-,-.nner'Expert x, Vimess 5203.00 Hr. R.-g=istered Sun eyor'lxpe-': '6,'itness 5209.00 Hr. N*.a_qagerixpe.-I '~%'itn.-ss S200.00 Hr. .\:.xi:~o:'~i:r..'- ~i, 2.~:::...::: 2-.~:7 -~-,.::~: 2,>7. \::,: !. -..:z :-'::,,- !,.~1 zu- _:::: . .: '.T,. ~-i: : ': -' ( ";:::-"-' .' -':': '-" -" ' " ' : ..... ,:' :' : ,".:. : :": ' '~-; 2 5 :-;: i'.: - .; ".". ~-.: . .:34: i '.:, EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN THE COUNTY AND U.S. HOME CORPORATION (USHC) FOR. MEDIAN LANDSCAPE IMPROVEMENTS ON CR 951 ADJACENT TO NAPLES HERITAGE GOLF AND COUNTRY CLUB (NHGCC) OBJECTIVE: To obtain Board approval for an agreement with USHC for cost-sharing for existing landscape improvements to the median fronting the NHGCC on CR 951 in the amount of $51,200.00 CONSIDERATIONS: About one and one-half years ago (Jan. 7, 1997, Agenda Item 7C, Attachment No. 1), the Board directed staff to work with USHC to develop a cost-sharing agreement for the then proposed landscape improvements for the medians fronting the NHGCC along CR 951. Since that time, the improvements have been installed and USHC has been maintaining them. In addition, both staff and USHC have been working to produce a cost-sharing agreement document acceptable to both parties. The original intent of USHC's application to the Board was to have an agreement in place prior to the installation of the improvements; however, because of the Board's desire to have the agreement fully documented as to costs and responsibilities, staff was unable to provide the attached Agreement before this time. The Agreement (Attachment No. 2) sets forth the responsibilities of the parties and makes provision for the county to pay an amount equal to one-half of the-total cost of the landscaping improvements and permitting costs. FISCAL IMPACT: The total project cost was $57,210.00 (Attachment No. 3). The Agreement calls for an even split of the capital costs; therefore, the county's share of the costs are $28,605.00. Funds are available in Fund 104 Reserves. The Transportation Services Department Landscape Operations Section estimates that approximately 20 hours per month (120 hours annually, or 0.125 FTE) will be required for ongoing maintenance activities at a cost of about $650 per year (1998 dollars) after the expiration of the developer's obligation. Funds for the maintenance activity will be budgeted in Fund 104 annually. GROWTH MANAGEMENT IMPACT: None Executive Summary Approve a cost-sharing Agreement for landscape improvements March 18, 1999 ,.-. Page 2 of 2 RECOMMENDATION: That the Board: 1) Authorize the Chairman to sign the Agreement on behalf of the Board; 2) Authorize staff to process documentation to the Clerk's Finance Department for payment of the county's share of the funding; 3) Authorize staff to implement the maintenance obligatio, ps for the project. 4) Approve the necessary budget amendments. PREPARED BY: . ~ DATE:-~-/f- ff , . 5 ation Services Director Ed Ilschner, Public Works Administrator ~// Attachments: No. 1 - Agenda Item 12C, January 7, 1997 No. 2 - Cost-sharing Agreement No. 3 - Certified cost breakdown . APR 13 1999 :COIl IER COUNTY MANAGER'S OFFICE :---,, ..... - =. · -' '~ (941)'774-8383 '- "':< ' ' , ' . ' "' '1 ',' " ....': ' " ' A CERTIFIED BLUE'CHIP COMMUNI~ Ken Carlyle, ~ ~ - .- -, ~- -%_ -~.~Mc~iy ~..En~ineerin~ & Design, .-Inc. :5-':-{' ~Z =-? :. ~. - ~?~ptZ,~.b; ~ ..... 5101 Tamiami Trail E~st :' ' " Suite 202 · " -', , '~- ~, . - Naples, Florida 34113 ..Re: Re~est .Z for P~lic:- Petition - Naples HeritageL Golf . & 'Countr ',Club -.-Median Landsca nS ....... .. Dear Mr ~: Carlyle: .,.., :...- ; :~ --~ ~' :.Please~'-g~b::::advi~ed tha~:/:~'~ou are': scheduled to appear:before the ' ' Collier. -:county Board of Commissioners at the meetins of '~..-' .... January. 7;'L~997 re~ardin0 the above referenced'subject.9,- : t .Your petitionS>to the-'Board of County Commissioners'~:~will be -."': .'~. , limited to ten minutes L "Please be advised that the Board will L .... take n&~'a~tion-.:on 'your/petition at this meeting. .-'However, - · your p~.ti'tion'..': may be' placed on a future agenda for '.: :consideration --at the ~LBoard' s -discretion. Therefore, your -'--: ' ,petition to-the Board should be to advise them of you~ 'concern ' and the need for action by the Board at a future meeting. -?'. ":: ' :The meet'kng will begin'~'at-9:007a.m. in'-the Board's ChaSers:on the Third Floor of 'Building' "F" of the government 'complex. -- : Please arrange to be present at this meeting and to respond to inquiries by Board meters. If you' require any further informal ion or assistance., please do not hesitate to contact this office. - g '~ .,./1 , .-. ..... : ....-, ': ,': :-,-:i"; " -, ~ - Z.'t: ',7' :' -- cc: County AttOrney'=''~: ...... ', .- . Public Works Administrator .Ji:i:.j t t · PAGE / O~ McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE Dcccmbcr IS, 1996 ,, Mr. Nci] Dorrii], Count)' Managcr · ,. . _ _ .. =, 3301 East Tamtaint Trail ..._ Administration Building 2rid Floor Naples, Florida 34112 RE:Naples Heritage Golf and Countr2,.' Club / C.R. 951 median landscaping located in section 10, Townshi,~ 5;0 Soulh. R.qngc 26 East: Collier Counly Florida Dear Mr. Dotrill: The pu~ose of this letter is to rcqucsl on behalf of m~ client, U.S Home Coloration, a public petition - i~cm for the upcoming JanmaD' 7. 1997 Board of County Comn~issioncrs Meeting. We are seeking a private/public panncrship for landscaping in the 951 medians adjacent to Naples Heritage Golf and Count~' Club. We will ask the Board to authorize counD' staff to review plans and a draft agreement for matched ~nding and report back to the Board their recommendations. We have been working with George Archibald and Val Prince of your staff to coordinam these efforts. The cost estimate for the lotal landscape and irrigation project is $93,316.a0. U S. Home Coloration has agreed lo maintain and irrigate the landscaping at its own cos~. Collier Count>'s contribulion xvould only bc 5;46,658 due a~cr project completion and it~spcction. The landscape plans will be consistent with the recently approvcd strcctscapc master plan for Collier cotrely and xvill bca positive addition to the Collier County Strcctscapc network lfx'ou hitvc any qucslions or require addilion:~l informalion, please do not hcsilittc to contact n~c Carlyle. ASLA DKC/Ikm CIIUIOSL1TCS ,.,: - AIIACHMENI N0 ..... : =- 510] TAMIAMI TRAIL EAST, SUITE 202 ~APLES FLO~IDA3~113 ~ FAX (941) 775-923E ~ COST-SHARING AGREEMENT # 99- For Matched-Funding For Existing Landscape Improvements Within County Road 951 Roadway Median This Cost-Sharing Agreement entered into this day of , 1999, by and between the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as "the BOARD"), and U.S. Home Corporation, a Delaware Corporation, (hereinafter referred to as "the DEVELOPER") concerning construction work ("Work" specifically limited to "Construction Work") completed by DEVELOPER in connection with the adoption of the Collier County Streetscape Master Plan for County Road 951 ("Project"). Said Construction Work is set forth in the landscape plans and specifications and other contract documents hereinafter specified prepared by the DEVELOPER. Witnesseth: WHEREAS, the DEVELOPER has chosen to landscape designated roadway medians on County Road 951, fronting and adjacent to Naples Heritage Golf and Country Club, in order to benefit its development; and WHEREAS, the BOARD supports Median Beautification Improvements within the public road rights-of-way in Collier County; and WHEREAS, the BOARD'S Staff has reviewed the DEVELOPER'S installation for approximately 52,000 square feet of medians within County Road 951 road right-of-way. NOW, THEREFORE, based upon the mutual covenants contained herein and other valuable consideration, the BOARD and the DEVELOPER, for the consideration herein set forth, agree as follows: Section 1. Cost-Sharin~ Am'cement A. The Cost-Sharing Agreement and the Exhibits described in Section 5 hereof and amendments relating thereto are incorporated by reference and made a part of this Cost-Sharing Agreement. Section 2. Scope of Work A. The DEVELOPER or its successor agrees to maintain the medians as provided in this Cost- Shang Agreement at its sole cost and expense, for a period often (10) years from the commencement date described in Section 4 or until such time as the government agencies of Collier County, Florida, assme the maintenance responsibilities for same. B. The DEVELOPER has furnished and paid for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to fully perform and complete the Work required in the landscape plans and specifications. ATTACHMENT NiX ~ '~':-' I PAGE / OF Z Z-_~_L. NO.~~ Page 1 of 4 APR I 3 1S99 PG. ,5' Section 3. Construction Cost Amount The roadway medians have been landscaped in accordance with the permitted plans. The actual construction cost amount has been certified by a landscape architect, licensed in the State of Florida. Based on that certification, the BOARD agrees to pay to the DEVELOPER a lump sum payment equal to one-half (~) of the certified actual costs of said construction, being TWENTY-EIGHT THOUSAND SIX HUNDRED FIVE DOLLARS ($28,605.00) within sixty (60) days after the execution of this Cost- Sharing Agreement date. Section 4. Time A. The roadway median work is completed and has been reviewed for final acceptance by the BOARD'S Transportation Services Department Landscape Operations Section Staff. B. DEVELOPER represents, warrants and agrees to indemnity, reimburse, defend and hold County harmless from any and all costs (including attomey's fees and costs) asserted against, imposed on or incurred by County, directly or indirectly, arising from DEVELOPER'S performance of the median beautification and maintenance activities, and pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the protection of the environment which shall be accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Action of 1980, 42 U.S.C. Section 9601, et seq., CCERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986, ("SARA"), including any amendments or successor in function to these acts. DEVELOPER'S indemnification of County shall include, but not be limited to, environmental claims concerning the median area as well as claims by neighboring property owners or the traveling public. C. When any period of time is referenced by days here. in, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laxv of the applicable jurisdiction, such day shall be omitted from the computation and the last day shall become the next succeediug day which is not a Saturday, Sunday or legal holiday. - D. In the event that the DEVELOPER fails to maintain the median as provided in Exhibit "C", the County may perform or contract out all or a portion of the maintenance services required by the Cost-Sharing Agreement and bill the DEVELOPER or its successor for such expenses. The County shall provide five (5) days written notice to DEVELOPER or its successor of the County's intent to perform the maintenance services. The County shall invoice for the maintenance services provided. The DEVELOPER or its successor shall provide payment to County within twenty (20) days of invoice submittal. ,~-- IA'!'I'ACHMENI NO. ~o. APR I 3 1999 Page 2 of 4 PG.J Section 5. Exhibits Incorporated The following documents are expressly agreed to be incorporated by reference and made a part of this Cost-Sharing Agreement: Exhibit A: Insurance Requirements Exhibit B: Minimum Maintenance Services Specifications Exhibit C: Landscape Plans and Specifications Section 6. Notices A. All notices required or made pursuant to this Cost-Sharing Agreement by the DEVELOPER to the BOARD shall be made in writing and shall be delivered by hand or by United States Postal Service, first class mail, postage prepaid, return receipt requested, addressed to the following: Collier County Board of County Commissioners c/o Transportation Services Director 3301 Tamiami Trail East Naples, Florida 34112 B. All notices required or made pursuant to this Cost-Sharing Agreement by the BOARD to DEVELOPER shall be made in writing and shall be delivered by hand or by United States Postal Service, first class mail, postage prepaid, return receipt requested, addressed to the following: Peter Comeau,DVice President / Land Division U.S. Home Corporation 10491 Six Mile Cypress Parkway, Suite 101 Fort Myers, Florida 33912 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 7. Modification No modification or change to this Cost-Sharing Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 8. Successors and Assitms Subject to other provisions hereof, the Cost-Sharing Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Cost-Sharing Agreement. Section 9. Governin~ Law This Cost-Sharing Agreement shall be interpreted under, and its performance governed by, the laws of the State of Florida. ATTACHMENT NO. PAGE -~ OF Pa e 3 of Pc. 7 Section 10. No Waiver The failure of the BOARD to enforce at any time or for any period of time any one or more of the provisions of this Cost-Sharing Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its fight thereafter to enforce each and every such provision. Section 11. Entire A~eement Each of the parties hereto agrees and represents that this Cost-Sharing Agreement comprises the full and entire Cost-Sharing Agreement between the parties affecting the Work contemplated, and no other agreement or understanding or any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Cost-Sharing Agreement. Section 12. Severability Should any provision of the Cost-Sharing Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other Section or part thereof. .. IN WITNESS WHEREOF, the parties have executed this Cost-Sharing Agreement on the date(s) indicated below. : DEVELOPE U.S. HO ON, 2T'~,~,,:, T L. ~, r;,,,e,' . Print Name, f2z Peter Comeau ~ ~ .Z~ &Vice President / Land Division L,,~,/z,_ ~ Z~,~-r,-- (Con, orate Seal) Print Name ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk By: By: Pamela S. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency; A ~ttorney Ap~HME~ N0.Z oF 2.2, Page 4 or4 APR I 3 1999 EXHIBIT A INSURANCE REQUIREMENTS (I) The CONTRACTOR shall obtain and maintain such insurance as will protect if from: (1) claims under worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss of use resulting therefrom - any or all of which claims may arise out of, or result from the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the CONTRACTOR, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. (2) This insurance shall be obtained and writ .r not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. (3) The CO~CTOR shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others. (4) The CONTRACTOR shall obtain, have and maintain during the entire period of the Agreement insurance policies which contain the following information and provisions: (A) The name and type of policy and coverages provided; (B) The amount or limit applicable to each coverage provided; (C) The date of expiration of coverage; (D) The designation of the Collier County Board of County Commissioners (the "Board") as an additional insured and as certificate holder. (This requirement may be excerpted for Worker's Compensation and professional liability insurance.); The following clause must appear on the Certificate of Insurance: Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mall 30 days written notice to the ATTACHMEN'I' NO. Z APRI 3 1S99 PAGE ·-PC .- Board as certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurance company, its agents or representatives. (5) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the CONTRACTOR to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. (6) CONTRACTOR shall include the Board, the Board's agents, officers and employees in the CONTRACTOR's General Liability and Automobile Liability policies as additional insureds. (7) If the Board has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with the requirements of the Contract Documents on the basis of its not complying with the Contract Documents, Board shall notify CONTRACTOR in writing thereof within thirty (30) days of the delivery of such certificates to Board. CONTRACTOR shall provide to the Board such additional information with respect to is insurance as may be requested. (8) The CONTRACTOR shall obtain and maintain the following insurance coverages as provided for hereinabove, and in the types and amounts, and in conformance with, the following minimum requirements: (9) The CONTRACTOR shall, throughout the term of the Agreement, be obligated to provide to the Board, on an annual basis, a copy of the current certificate of insurance which shall reflect the types and levels of insurance required under the Agreement. WORKERS COMPENSATION State: Statutory Applicable Federal: (e.g. Longshoremen's) StatutoD' Employer's Liability: $100,000 COMPREHENSIVE GENERAL LIABILITY Bodily Injury: $1,000,000 Each Occurrence Property Damage: $ !,000,000 Each Occurrence Comprehensive General Liability Insurance shall include Contractual Liability, Explosion, Collapse, and Underground Coverages and Products and Completed ,---~ Operations coverages. ATTACHMENT NO. ~-- A~R. 13 PAGE G OF 7,2- Pc.__=/6 COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury: : $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence Comprehensive Automobile Liability shall include coverage for any owned auto, non-owned autos and hired autos. EXHIBIT B MINIMUM LEVEL OF MAINTENANCE SERVICES SPECIFICATIONS These specifications (the "Specifications") are intended to provide the information by which CONTRACTOR may understand the requirements of Collier County (sometimes herein, the "County") relative to furnishing Maintenance Services of medians consreacted on County Road 951 as described in the Agreement and Exhibits attached thereto (the "Contract Documents" or the "Contract"). LOCATION AND DESCRIPTION OF WORK AREAS. The areas of work included in these Specifications are located as described below and as shown on the plans attached to these specifications: 1. Those median islands where landscaping, and irrigation systems have been installed in accordance with the Agreement being located as shown on the Plans. 2. All areas within the Right-of-Way Lines of C.R. 951 to the North and South limit of work lines. ' SCOPE OF WORK The work covered by these Specifications requires a weekly servicing of all median islands and consists of furnishing all labor, equipment, materials and .services necessary to satisfactorily perform the following items: A. EDGING Mechanical edging shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, trees and any other turf areas. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging v-ill also be required within the median and other Right-of-Way areas where isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, miter ends, inlet structures, etc. exist. All debris on meets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. B. MOWING All tuff areas shall be mowed with mulching type mower equipment to eliminate the need to bag and transport off-site the grass clippings. Should bagging be necessary, the bagged clippings shall be collected and placed as directed by the Contract Manager, at no additional cost. All grass shall be cut at a height of three and one-half(3.5') inches. ~ITACHMENT NO., ~ '~ -APR I 3 PAGE. ~' -_ OF 'ZZ- ' :1 pc.~ Zo?,, The turf areas shall be mowed at a fourteen (14) day interval during the winter months of December 1st through and including April 30th and once per week during the peak growing season of May 1st through and including November 30th. The mowing and edging service quantifies required for this Contract is forty-two (42). Four (4) additional services have been incorporated for unfores_een seasonal conditions that may occur requiring the areas to be mowed beyond the above specified schedule. These intervals of mowing may be modified by the Contract Manager pending weather occurrences. Any areas of turf that become water soaked during the period of this Contract shall be mowed with 21" (+/-) alia. hand pushed type mowers to prevent wheel mrs in the tuff caused by heavier type self propelled rider mowers. Contractor shall be responsible for repairing any ruts caused by its mowers at no additional cost to the County. All sidewalks, guardrail base, curbing and/or gutters including a four foot (4D area from the face of the curb, shall be cleaned after each service. All sidewalks shall be blown clean but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on Right-of-Way areas. Furtherly described as all presently unmaintained turf areas along the East and West roadway shoulders, from the back side of the existing curb to the Right-of-Way line or a minimum distance often (10) feet whichever is greater. C. STREET CLEANING A four foot (4') area measured from the rice of the curb and/or gutters shall be cleaned at least once per month to remove any accumulation of debris or objectionable growth and to maintain a neat and safe condition. All curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalk/curb joints shall be kept weed-free and the sidewalks blown clean with each service. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. D. TRASH REMOVAL A weekly servicing of all median islands and adjacent Right-of Way are required to clean- up and remove all debris, paper, bottles, cans, other trash, fronds and horticultural debris. It is suggested that this pick-up also be done prior to mowing in all tuff areas. E TRIMMTNG AND PRUNING All shrubs, groundcover, and lrees other than Palms shall be inspected, trimmed, and pruned on a weekly basis or as often as necessary to maintain the desired ATTACHMENT NO. ~- AP.R:I 3 PAGE ~ OF Z- z--- " 'Pc. the landscape material as determined by the Collier County Contract Administrator. Ornamental grasses (White Fountain Grass, Fakahatchee Crrass) shall be pnmed in a tear drop shape to a ten (10) to twelve (12) inch height the first week of October and April. This item of work shall also include removal of suckers, poison ivy or any other objectionable growth which may fix itself to the shrubs, groundcover, grasses and trees. Privately owned plant material which may encroach into the roadway Right-of-Way shall be trimmed and pruned as directed by the Conimct Manager. F. WEEDING OF PLANT BEDS AND OTHER MULCHED AREAS Weeding of plant beds, sidewalk/curb joints, guardrails and mulched areas by spot spraying and hand pulling will be performed weekly or as necessary to provide a weed fi:ee and well maintained area as determined by the Collier County Contract Administrator. Herbicide used for spot spraying shall be a non-selective herbicide. G. FERTILIZATION. SHRUBS. GROUNDCOVER AND TREES Granular fertilization of shrubs, groundcover and trees other than Pine Trees, Saw Palmettos shall be applied by hand in a ringed radius of twelve inches (12") ~'om the base of the plants and twenty-four inches (24") around the trees. The fertilizer shall be placed at a rate set forth in the following schedule. The Collier County Contract Administrator reserves the fight to change the fertilization schedule as needed to meet special turg. or plant needs. JUNE 1997 REVISED ROADWAY LANDSCAPING FERTILIZATION PROGRAM Month Jan Feb Mar 'ADr Mav Jun Plant Beds g-10-10 0-0-22 SPM 8-10-10 12,5#II0005.E 10~/lCKtO s.f. 12.5#/1000 s.E Turf: St Augustine i'SR~ 15-5-15 0-0-22SPM (SR) 15-5-15 6.5#/1000 s.f 10~/1000 s.E 6.5#/1000 s.f. Month Jul Au~ Sept Oct No~/. Dec Plant Beds 8-10-10 04-2 SPM g-10-10 12.5#/1000 s,f. 10~/1000 s.f. 12.5#/1000 s.f. Turf: St Augustine (SR)13-3-13 0-0-225PM (SR) 15-5-15 21-0-0 7#/1000 s,[ 1~/10~0 s.f. 6.5#/1000 s.[ 4.5#/1000 s.f. NOTE: Singie Canopy lree~ located within turf areas shall not be additionally fertilized. Groups of three or more trees shall be fertilized per the plant bed schedule. ATTACHMENT NO. Z APR I 3 IB~ { PAGE /o ~ OF ZZ- - .pc__.~, / "tL' ,..,,J H. MULCHING OF PLANT BEDS Remulching of all plant beds and tree rings shall be performed twice annually during the months of November and May. Before remulching, any remaining existing mulch shall be turned and mixed into the existing soil. Mulch shall not be placed over valves or valve boxes which are located within bed areas. Mulch material shall consist of shredded Eucalyptus Mulch Grade "A". The' mulch shall be placed to a depth of two (2) inches of "fluffed mulch" measured from the existing soil grade. All weeds shall be removed prior to placement of the new mulch. I. TREE TRIMMING (Palms) All Palms shall be trimmed once dining June of each year. The work shall be done in a professional manner in accordance with accepted trade standards. Tops of the Palms shall have all brown/dead and lower fi-onds removed from the tree. The trees shall not be climbed to remove the fronds. Access to the tree fronds shall be by ladder, boom mack or lift. All debris from the trimming shall be removed and work site shall be left in a clean and neat manner. When this work is being performed, ' .:y be required to close one (1) lane of traffic using traffic control devices placed a surf ~ distance in advance of and beyond the work area to maintain a safe and continuous flow ox' traffic. J. ORN,g, IENTAL & TURF SPRAYING Overall Ornamental Spraying of plants and shrubs is included in these Specifications. 1. It is required that if a subcontractor will be performing these services said subcontractor shall possess and the CONTRACTOR shall provide the following to the Collier County Contract Administrator: a. Valid State of Florida Pesticide License that complies to all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience as approved by the BOARD. c. Current contractors occupational license for pest control services. d. Before commencing work of any kind, the Pest Control Subcontractor shall procure the following insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with the Collier County Contract Administrator. All Certificates of Insurance shall include Collier County as an Additional Insured on both the Comprehensive Liability and Business Auto Liability Policies: J ATTACHMENT NO. -z. PAGE / / OF 'Z- Z-. - [_ (1) Workers Compensation - Coverage in compliance with Florida Law. The Policy must also include Employer's Liability with the limit of ..__ $100,000.00 each accident. (2) Comprehensive General Liability (Includin~ Contractual Liabiliw) - Minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. (3) Automobile Liability Minimum limits of $100,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 2. A licensed spray company shall submit, and the CONTRACTOR shall provide to the Collier County Contract Administrator, a written spray program that shall incorporate the following minLmum standards: a Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. 3. The CONTRACTOR and Subcontractor, if these services are provided by a Subcontractor, shall make on-site inspections and provide written reports to the Collier County Contract Adwfinjstrator once per month. 4. Methods of Application: One Hundred Percent (100%) coverage and penetration shall be provided. Chemicals shall be manually applied by walking with hand held applicators, spray equipment or fertilizer spreader. a. Insecticides and Fungicides shall be applied at a minimum pressure of 150 pounds. Chinchbug l~eatments shall be applied at the recommended spray mix per 1000 square feet of treatment area. b. Herbicicles used in tuff areas shall be applied at a pressure of 50 pounds, herbicide shall not be applied when the temperature exceeds 85°. c. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Tuff, Groundcover, Shrubs and Tuff Areas. ATTACHMENT NO. PAGE /7_, OF d. Spray applications shall be applied during times of "no-wind" conditions. e. No trucks/tractors will be allowed within the median areas. f. Provide and place, at a time of application, traffic control meeting Florida Department of Transportation. g. All spray applications shall contain a wetting agent within the mix. h. Fungicides shall be alternated in order to reduce resistance. 5. Rate of Application: a. All chemicals shall be applied at the rates recommended on the manufacturer's labels. 6. Materials List: a. All insecticides, fungicides and herbicides chemicals to be used on turf areas and on plat materials shall be submitted in writing to the Collier County Contract Administrator for review and approval. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on-site inspection reports. K. SERVICING THE IRRIGATION SYSTEMS 1. Weekly Reouirements. a. Within each median, each zone shall be manually turned on and a thorough inspection conducted to ascertain proper operation of the system, and to ensure that no sprinkler heads/nozzles are spraying into the roadway. b. Check entire system and repair system for any blown heads, broken lines and leaks around heads and valves. c. Check rain sensing devices for property operation and setting. d. The CONTRACTOR shall further adjust all sprinkler heads to ensure 100% irrigation coverage. e. Within the irrigated area, the CONTRACTOR shall review the .I:.~, ~.-"i~'?B)2~ ATTACHMENT NO. Z- AP'R' 1'3 ISB9 PAGE ,'~ OF ZZ, _ ,, 17 tuff for dry conditions and if found, advise the Contract Manager and correct the problem immediately. 2. Monthly Requirements. a. Twice a month CON'IL~CTOR will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. A copy of the results shall be supplied to the Collier County Contract Administrator. b. Once every two months or as needed, CONTRACTOR will clean the way strainer filters and inspect them for wear. Should excessive wear be found the Collier County Contract Administrator shall be notified. c. Manually run the system to ensure that no sprinkler heads/nozzles are spraying onto the roadway. Clean and adjust for proper coverage. General Service Requirements 1. Should South 'Florida Water Management District or other Governing Agency establish water restrictions, the sprinkler system shall be inspected and all timers set _ as stated during the mandated hours of operation set by the District. 2. Replace defective heads/nozzles, installation or replacement of risers and repair of minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes. 4. Inspect, clean and replace if necessary, screen/filters within the spr~zdder heads. 5. Use only County approved replacements parts, and use only matched precipitation head replacements. 6. Under the direction of the CONTRACTOK, or its authorized representative, the main irrigation lines and quick couples shall be flushed once a year. 7. Upon issuance of a "Notice to Proceed" the CONTRACTOR shall review the entire Lrrigation system and notify the Collier County Contract Administrator of any existing problems. The CONTRACTOR shall further adjust all sprinkler heads to ensure that all landscaped areas receive total (100%) irrigation coverage. 8. Total (100%) irrigation coverage shall e maintained within all landscaped areas .__ while this Contract is in effect. ~,TTACHMENT N0. ' Z PAGE / 4 OF 9. Notification to the Collier County Contract Administrator is required when acts of vandalism or accidents has occurred to the irrigation system. 10. Keep all grass and mulch out of value boxes. The inside of valve boxes shall be kept clean and the valves shall be kept 100% accessible. 11. Should the temperaturK be forecast to be below 34°, the CONTRACTOR shall be responsible for taming the irrigation system off in order to protect plants fi:om possible freeze damage. L. MAINTENANCE LOGS The CONTRACTOR shall complete and submit, for Board records, log sheets on a monthly basis and may be required to conduct on-site inspections with the Collier County Contract Administrator on a weekly basis to verify satisfactory completion of Contract requirements. The original forms for the log sheets will be provided to the CONTRACTOR for his reproductio:t purposes. M. TRAFFIC CONTROL At all times while performing work required by these Specifications, the CONTRACTOR shall provide and erect any traffic control devices and use procedures conforming with the FDOT Manual on Traffic Control and Safe Practices. The CONTRACTOR will b__e responsible to obtain a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility, approved bright day-glow red/orange colored safety vests shall be wom by employees when servicing the area. N. MISCELLANEOUS GENERAL MAINTENANCE RESPONSIBILITIES. 1. If plants, shrubs, trees or foliage die due to neglect or damage by the CONTRACTOR, CONTRACTOR'S employees or a Subcontractor as determined by the Contract Administrator, they shall be replaced at the CONTRACTOR'S expense. 2. It shall be the CONTRACTOR'S responsibility to notify the Collier County Contract Administrator of any maintenance problems or additional maintenance needs. 3. The CONTRACTOR shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation. The CONTRACTOR shall immediately notify the Collier County Contract Administrator should a disease or infestation be found. ATTACHMENT NO. PAGE.. 7-<' O. MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES. 1. It shall be the CONTRACTOR'S responsibility to notify the Collier County, Contract Administrator of any irrigation problems or additional irrigation maintenance needs. 2. The irrigation service personnel shall provide on-site 2-way hand-held communications during all services and/or inspections. 3. The irrigation service personnel must troubleshoot time clocks, i.e., power-in 110 volt and 24 volt fuses, 24 volt output when necessary. 4. The irrigation service personnel must troubleshoot any pump start relay, main fuses and capacitors when necessary. 5. It shall be the responsibility of the CONTRACTOR to provide legal access to pumps, time clocks, controllers, etc. at such time as Collier County assumes the maintenance responsibility for the medians. P. ACCIDENTS OR THEFTS. The CONTRACTOR shall be responsible to contact the Collier County Contract Administrator of any accident or thefts involving the areas within this Maintenance Contract. Q. RESPONSE TIMES. On a dally_basis, the CONTRACTOR, or a representative of the CONTRACTOR, may be required to travel to the site immediately to meet with the Collier County Contract Administrator or Sheriffs Department personnel to resolve an emergency and should the Contract Administrator contact the CONrrRACTOR by telephone, beeper or radio. R. CONTRACTOR'S EMPLOYEES. Employees of the CONTRACTOR shall be properly uniformed and provide a neat appearance. All employees of the CONTRACTOR shall be considered to be at all times the sole employees of the CONTRACTOR under his sole direction and not an employee or agent of Collier County. The CONTRACTOR shall supply competent and physically capable employees and Collier County requires the CONTRACTOR to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment is not in the best interest of the County. I I I ATTACHMENT NO. ] ~ PAGE /~ OF ,//-z,.- I i[ATTACHMENT NO. .-.- P,".,GE 'Z-,~ OF ¢.-"Z-- ~,TTACHMENT NO. ~ PAGE 7_/ OF "z-'~ _~ ] ~. A)r~JAL/~ AI'~ID DESIGN I~IC. ~ ~ ~,~ MAINTENANCE SITE ENTRY Z m ,.o Z ~m ~'~ NAPES I-~RITAGE ENTRANCE m 14TH. NAPLES NATIONAL " ~ kTTACHMENT N0. "q} ~ ~:~ P/~GE ,z,,'7-- OF ~'_-~-~ J ~ M~ I ENGINEERING AND DESIGN INC. McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE Oaober 9, 1998 Mr. FAward Kant Transportation Dire~or - ~ Transportation Services Center ~ Collier County Ooverrmxent Cerlter ...... ~I 3301 East Tatrtiami Trail Naples, Florida 34112 RE: Naples' Heritage Golf & Country Club C.R. 951 Median Landscape and Irrigation Dear Mr. Kant: The purpose of this letter is to certify that I have checked and verified the attached application for payment and that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material supplied by the Contractor. The purchase order in the mount of $3,057.75 is also true and cortex. In accordance ~ the terms and conditions ofthe Contract, I have approved payment to the Contracer in the amourrc of $57,210.00. h addkion, this letter is to certify that the professional landscape architectural services/costs in the mount of $8,901.48 have been paid in full for the project mentioned above. ffy~ ha~ aiiy queitie~ or require additional infommion please do not hefttare to ~ntact me. WRh Best Regards n 'n rin si , n Kmt Carlyle, ASLA DKC/Imd enclosure ~o :'~ ~--' : ATTACHMENT NO. 3 ' ':" PAGE / OF ,,,C ------~ NO. 13 5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113 .~7 ' -" ~TPu~CTOR"S APPLIC~IUm~ r~ r~, .... " '~-=-"' ,~ny ~*rOve LandsOaO~ ng, ~c. ,ste*r~. F1 ~28- To :U.S. HOme '~1~992-181S Fax :941-992-~56~ 10491 Six Mile OyDress Pk Fort Myers, FI Pro~mct :Naples Heritage gS1 Medians Job Payment RequeS~ NO- I For Period :10/15/97 To:11/06/97 Landscaping Irriga~lon 1. O~igtnal Contract Amount-- 50,167.25 ~,gBS.O0 $ ~4.1S2,25 2. Approved Change Orders 0,00 ., 0,00 $ 0.00 ~. Current Contract AmOunt .......... 50,~67.25 ~,985.00 $. 54,~52.25 4. Value of ~ork Gompleted to Date (£00,00~) $ 54,152.25 5, Less Amount Retained ............. (0,00~) --- $ 0.00 6. Ni~ Amount Earne~ ~o Da~e .................. $ 54,152,25 7. Retainage Earned to Date ( 0.00~) $ 0.00 8, Net Amount Earned to Date .............. $ S~,152.25 g. Less Amount of Previous P~ymen~s --- $ 0.00 Balance Due This Payment ........ . ! ¢ $ 54,~52.25 I, ,I72 ........ AcCOrding ~o the ~SC of my knowledge ~ ~llef, ~ cer~ify that all and amounts shown on t~e face of this Request for ~aymen~ are cocrect: tha~ ~ork ~ ~en ~rforme~ & ms~erial supplied in full accordance Hith the terms and conditions of the Contract, I further certify that payments, less able re~enCton, have ~en made through the ~riod covered by previous payments received from the O~ne~ Co all 6u~ontrec~ors an~ for all materials and lair use~ in or in connection -iLn one ~rformance of this Contract. I also ~ have complied ~ith Fsderal, State & local tax laH~, including Social Security La~ & Unemployment Compensation LaH~ & ~orkmen's Compensation La~s & Mechanics Lien Le~s insolaf as applicable to the ~rfoPmance of this Contractor: _ .... _ bate: By ~ Title: ( ~presen~ative) " Subscr{~d and S thi's day of :, lg~.,'.__ Notary Public · State of Florida At Large My Commission Excites CERTIPICATION OF ARCHITECT/ENGINEER ~ certify that ~ have checked & Verified this application for Payment & that to :the ~st Of my knowledge & ~lief it is · true and correct statement of work ~rfOrmed and/or mater{aI supplied by the Contractor. In ~ccordance ~ith the terms and coliCions of the COntract, the undersigned ~p~rove5 Daymerit to Contractor of Balance Due This Payment a~ sho~n a~ve, By Titie: } ~I~~ ~<~t~LT. ~ tSt7 ATTACHMENT NO O~ ~ ~~3 PAGE ~ ' .. Sunny Grove Landscaping, inc. Con~ractor's A~ication ~or Payment 11/06/97 ~b .~4C173 Naples Heritage 95~ Medians Ora~ NO: [' Div; c~de : I rree~ [~em QuaniEy Name Size Price Each To~a~ Price ~ 50.00 S~a~h Pine 25 gal. 120.00 5,000.00 2 50. O0 S .[ a~h P i ne t 5 ga 1.. 65. O0 Z, 250. O0 $ [5.00 Liv~ Oak 9-~0' O~ [[0.00 ~,650.00 4 20.00 ~ax ~Nyrtle, Nu~ti Trunk 8-10' O~ ~20.00 2,400.00 5 20.00 Oah~on Holly ~-'.[0' OA ~20.00 2,~00.00 . O~vjs~on Totals : 15,700.00 D~ code : 2 Shru~s [~em ~uani~y Name Size" Price Each To~a~ Price o 150.00 Zamia [0 gal. 45.00 6,750.00 7 300.00 Fak~hatchee Grass S gal. 7.00 2,100.00 8 400.00 Sa~ :Palmetto 3 gal. '20.00 8,000.00 9 185.00 Ilex Vomi~oFia 3 9al. 7.15 1';~22.75 10 132.00 8ougai~villea 3 gal. 7.75 1,02~.00 Division IotaIs: 19,195 Div code :5 Ground Cover [te:m ~uamity Name Size Price Eac~ [Oral ~rice El 050.00 Lan~ana I ga.L. ~.25 2,047.50 12 630.00 Lantana [3 370.00 ~zLec Grass l. gal. 5.00 1,1iO.O0 O~vision Totals : 5,047.50 Div code :5 Non Plant Material Item Quani~y Name Si~e Price Each Iota[ Price 14 4&O.O0 Pine Stra~ Bales 0.90 3,i74.00 15 1.00 Site Prep/SQray Weeds Lump Sum 300.00 300.00 i6 1.00 Traffic Control Sign Ren Lump Sum 2,250.00 2,250-00 17 599.00 Duckbills 0.00 0.00 Division Totals : 5,724.00 ~ EXTRA ~rr.~av~ WORK ORDER PA~ OF ~ ~ ~ ~T BE ~ ~UED ~ A W~ ~ ~D ~ ~ ~E ~ ~ HIS L~ e'?-se-~.Fji~"a.3::L:,,:JPff"" ATTACHMENT NO. '.~ PAGE zT' OF -f APR 13 IS3g PC-. ___.~ ,=,,,-,=-,- Sunny Grove L~ands~_aDLn~. Tnc'. .m~"~)- Broadway ~asc C,J~ton,er No. OOL5 Estero. F1 Bill TO.. ShiP. T9. 'U,$,.Home v~..,. " U,S, Home ~orporataion 10491 SiX Nil~ Cypress Pk 10491 Six Nile Cypress Fort MyerS, Fil $3912- Fore Myers, F1 , Date .. Ship Via F.O.B. Terms Ll/06/97 " Purc. Order Order Gate Sales Code Our Order Number 1l/p6/97' 004 Quanity DeScription Unit Price Extended Pri~e 0,00 . N~PLE9 HERITAGE: 0,00 '= .0,00' 0.00 ~5~ MEDIANS EXTR~S/CREDZTS 0.00 0.00 5.00 ,'Credit Slash Pine, 25 gel. -120.00 -6~0.00 ~5.00 C~edit Dwarf Bougainvillea -7,75 -2,71,25 9.00 Credit Palmetto, · gel- -20,00 30.00 Credit Pine SCraM Bales -6,90 -207.00 800;00 ,~dd ~nnualS, 4" 1.65 l,S20,O0 ~6C00-: "Potting So~l, C.Y. $2,00 1.00 Extended Traffic Control ~,500.00 L,SdO,O0 O.OO Extra Grading: O.O0 0.00 15.00 ~iSull Noses, Man Hours 20,00 500.00 24.00 ~t. Hed~ans, Hln Hours 20.00 .: 480,00 68.00 .Oo~Uts for Rotors 3.00 204.00 / PurchaSes "~ ,g51'. 75 Sales Tax 0.00 Freight 0.00 Sub~o~al $,057.75 ~mount Due 3,057.75 87-3~-1888 e3:25Ptl [ NO. *~~ ATTACHMENT NO. ~ ~ PAGE ,,5' OF ,5" ' APi~ 13 IZ~3 EXECUTIVE SUMMARY CHANGE ORDER NO. 1 TO ADDENDUM NO. 3 OF THE AGREEMENT WITH LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. FOR ENGINEERING AND PERMITTING WORK ON THE LELY AREA STORMWATER IMPROVEMENT PROJECT (PROJECT NO. 31101) OBJECTIVE: Obtain Board approval of Change Order No. 1 to provide additional fees to the consultant firm of Law Engineering and Environmental Services, Inc. (Law) for completion of the engineering and permitting work on the Lely Area Stormwater Improvement Project (LASIP). CONSIDERATIONS: On September 25, 1990 the County entered into an Agreement with Law Environmental, Inc. for the development of an engineering and environmental analysis report and the necessary environmental permitting applications for the proposed stormwater management improvements in the East Naples area known the Lely and Lely Manor Basins of Water Management District No. 6. This large regional stormwater management improvement project in East Naples covers an area from Radio Road to south of US-41 and CR-951 to near the intersection of US-41 and Rattlesnake-Hammock Road. The initial amount of the contract was $144,919.00. In the following years of effort, the name of the consultant has changed to Law Engineering and Environmental Services, Inc. and the Agreement has been amended as noted below. 6-30-92 Addendum No. 1 - Agreement was increased by $39,840.00 to fund additional work needed to respond to questions raised by the South Florida Water Management District (SFWMD) and the Florida Department of Environmental Regulation (FDER). 1-12-93 Addendum No. 2 - Agreement was increased by $12,698.00 to re-format the application drawings and provide additional clarification documentation at the request of the SFWMD and the FDER. 9-27-94 Change Order No. 3 - Agreement was increased by $2,089.43 to redraw the application drawings for the Florida Department of Environmental Protection (FDEP) which was formerly the FDER. 11-1-94 Change Order No. 4 - Agreement was increased by $6,428.79 to modify the drawings and provide additional evaluations and explanations, to the FDEP and the U.S. Army Corps of Engineers (ACOE), of both positive and negative potential environmental impacts. ~-- 3-6-95 Change Order No. 5 - Agreement was reduced by $1,607.15 for work tasks that were not necessary to complete by the consultant. , Executive Summary Change Order for Lely Area Stormwater Improvement Project Page 2 2-6-96 Change Order No. 6 - Agreement was increased by $43,417.00 to respond to more extensive questions and permit drawing revisions requested by the FDEP and the ACOE. (NOTE OF CLARIFICATION: The previous use of the terms "Addendum" and "Change Order" were interchangeable and all represent modifications to the original Agreement.) 11-4-97 Addendum No. 3 Agreement was increased by $95,975.00 to respond to the changes in the environmental regulatory review agencies and prepare a completely new application under the Environmental Resource Permit (ERP) process. At this point, the project was renamed the Lely Area Stormwater Improvement Project. The cost estimate of $95,975.00 submitted with Addendum No. 3 reflected the anticipated effort to meet the requirements of the regulatory agency staff at that time. During the past year, there have been numerous discussions and meetings with the state and federal agencies, and the technical requirements for the ERP application have greatly multiplied. On February 12, 1999 Law submitted a cost estimate to the County for additional fees in the mount of $60,686.30 to allow completion of the work. Staff has reviewed this cost proposal and is in agreement with it. A copy of the Change Order request from Law Engineering and Environmental Services, Inc. is located in the Office of the Clerk of Courts/Minutes and Records Office for review by interested parties. FISCAL IMPACT: · The original Agreement with Law was in the amount of $144,919.00 (P.O. No. 100081) · The sum of the previous four Change Orders and Addenda 1,2 and 3 equals $198,841.07. · This proposed Change Order No. 1 to Addendum No. 3 to the Agreement is for $60,686.30 and ad valorera funding is available in the current 1981 Water Management CIP fund budget. · The proposed new total Agreement amount with Law is $404,446.37. GROWTH MANAGEMENT IMPACT: None Executive Summary Change Order for Lely Area Stormwater Improvement Project Page 3 RECOMMENDATION: That the Board of County Commissioners: 1. Approve Change Order No. 1 to Addendum No. 3 to the Agreement with Law in the amount of $60,686.30, and 2. Approve the corresponding increase to Purchase Order No. 100081. .,]~S~MITTEDBY: ~ . Date: Ro~be~G'~.W~lil~.E. P.W.E.D. Project Manager III REVIEWED BY: ~ V --~ [ ? Date: ~ .~effBibby, P.E. P.W.E.D. Director REVIEWED BY: · Boldt, P.E., P.S.1V~ Stormwater Management Director APPROVED BY: ~ Date: ~ Ed Ilschner Public Works Administrator 1~/ CHANGE ORDER TO: Law Eng. & Env. Services, Inc. FROM: Collier County Government 4919 West Laurel Street 3301 East Tamiami Trail, PWED Bldg. Tampa, FL 33607 Naples, Florida 34112 Project Name: Lely Area Stormwater Improvement Project (a.k.a. WMD #6) Professional SeB, ices Agreement Dated: 9-25-90 Bid No.: 89-1515 Change Order No.: 1 (to Addendum No. 3) Date: 3-29-99 Change Order Description: (Attach justification and supporting documentation for this change.) See attached documentation dated 2-12-99 from Law Engineering and Environmental Services, Inc. Original agreement amount ...............................................................$ 144,919.00 Sum of previous change orders amount ............................................$ 198,841.07 This Change Order Amount [add] [delete] ........................................$ 60.686.30 Revised Agreement Amount ...............................................................$ 404,446.37 Substantial Final Original contract time in calendar days ..................................................N/A Adjusted number of calendar days due to previous change orders ......... N/A This change order adjusted time is ..........................................................N/A Revised ContT'act Time in calendar days .................................................N/A Original Notice to Proceed date .................................................. Completion date based on original contract time ........................ Revised completion date ..............................................................N/A Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this A~eement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ' Date: 23 '3} ~ ~ ley,RobertP.E., PWED Project Manager III Richard E. Mayer, P.E., ~rincipal Engineer Law Engineering and Envirgnmental Services, Inc. Authorized by: ~ Date: B' B [ ' Jo~.Boldt, P.E., P.S.M. Stormwater Management Dep~.~ c~ 7 (For Use by Owner: Fund: 325 Cost Center: 172977 Object Code: Project No.: 31101 ) CO No 1 to Addendum No 3 .doe LAW LAWGIBB Group Member~li February 12, 1999 Mr. Robert C. Wiley, P.E. Project Manager II Collier County Manager's Office Office of Capital Project Management 3301 East Tamiami Trail Naples, Florida 33962 Subject: WMD #6 ERP Request for Change Order LAW Project 40141-7-0310 Dear Mr. Wiley: This letter is to request that Collier County increase the current upper limit of the budget allocated for Law Engineering and Environmental Services, Inc. (LAW), to obtain an Environmental Resource Permit for constructing the Lely and Lely Manor storm-~vater management system. A detailed description of the status of each task is given below. Also refer to the attached table for fees used through the submittal of the application. Alternatives The amount of fees used during preparation of the application was less than the budgeted amount. For the most part, the effort to complete this task was either completed in the earlier assignment by the County, or, in the case of the drafting, it is in the Drafting Task. Based upon conversations ~vith Skip Bergman of the Corps of Engineers, they may ~vant additional modeling and other data for this task. We only used a small portion of this budget, but we recommend keeping the original amount to address the Corps comments: · Original Budget $4,795.00 · Proposed Budget 4,795.00 LAW Engineering and Environmental Services, Inc 4919 West Laurel Street Tampa, FL 33607 813-289-0750 · Fax: 813-289-5474 W.~,ID 06 ERP February 12. 1999 LIt W Prr~ect 40141-7-0310 Request for Change Order Modeling The budget amount for modeling was exceeded by approximately $23,900.00 during preparation for submittal of the application. The modeling budget in the proposal was developed based upon the options of either using a local firm as a subcontractor, or using someone from our Atlanta office. The person from Atlanta visited the site and would have assisted, but later he resigned from the company. We decided not to use a subcontractor, based on previous experience with this project. The scope and budget for the project have changed as different agencies have commented on submittals and each agency staff person has a somewhat unique data set they want to see in the application. Because of this uncertainty, adding another company to modify scope and budget with did not seem efficient. In addition, ~ve had Tom Bates in the Naples office of LAW with a hydraulics and hydrology background and a local presence. The only down side to this choice was that Tom did not have experience with the SWMM model. It is not our intention to charge the County for training Tom Bates to use the SWMM model. In our opinion, $12,000.00 (or approximately one-half of the overrun) is an appropriate amount to deduct from the total overrun for this task. With regard to the remainder of the overrun, approximately $12,000.00, this amount is due primarily to the extra time needed for modeling the area bounded by Cope Lane, Whitaker, County Barn Road, and the canal north of Royal Wood. The design options were limited because the lower portion of the improvements planned for County Barn Road have been installed. Therefore, it took evaluation of several designs to arrive at a design that would keep flood levels below desired elevations. The other areas that required more time to model than was anticipated were the lower Lely Canal and the area in the northeast comer of Section 16. Various designs were evaluated for these areas in order to select the best one. In early January, an application was submitted to the Water Management District for the Lely Lakes Development, and the plan for the District #6 system had been modified. LAW is revising the model to reflect these changes. }Y.I, ID ii6 ERP February 12. 1999 Lrl W Project 40141-7-0310 Request for Change Order In conclusion, we are requesting an increase in the modeling budget of $14,500.00: · Original Budget $53,452.00 · Proposed Amount 67,952.00 Wetlands The County provided the land use data for the submittal. None of the budget has been used: · Original Budget $550.00 · Proposed Amount 550.00 Drawings The actual and budgeted amounts for this task are within less than $3,000.00 of each other. The engineering time was less than anticipated but drafting time was more. Most of the engineering time associated with the drawings was charged to the application task. An explanation of the engineering time used to develop the drawings is given in the discussion about application preparation. · Original Budget $10,880.00 · Proposed Amount 13,521.00 Application Preparation The overrun on this task was due to extra time needed to complete the drawings for the lower Lely Canal Main and to revise the other nearly 200 drawings. We anticipated that some revisions to the earlier dra~vings ~vould be needed but the actual magnitude of the changes was under estimated. We used Richard Mayer, whose billing rate is higher ($87.10) than the staff engineer ($70.00) who was planned into developing costs for the proposal. However, the experience that Mr. Mayer brings to this project makes the additional rate a non-issue. We had listed a staff engineer for this task, but when the project was underway, it became obvious that educating a staff engineer in all the background for the project was not efficient. Tom Bates could [V.~[D #6 ERP February 12./999 LA li* Preblect 40/4/- 7-03/0 Request for Change Order not do this portion because he was at capacity modeling the system. Incidentally, Richard Mayer worked many weekends and after-hours without charge to the County to keep these costs to the minimum possible. In conclusion, we are requesting an increase in the budget for preparing the application in the amount of $19,377.30: · Original Budget $ 4,970.00 · Proposed Amount 24347.30 Response Based on the comments by South Florida Water Management District in a letter dated September 24, 1998, and meetings with the Corps of Engineers, we propose the following revised estimate of fees: Original Budget S16376.00 Proposed Amount 40,096.00 A detailed breakdown of the fees is given below. Staff: Original Proposal Revised Estimate Labor Hours Rate Amount Hours Rate Amount Principal 16 $115.00 Sl,840.00 235 $8100 519,975.00 Engineer 24 85.00 2,040.00 0 0. 00 0. 00 Staff Eng. 160 70.'00 11,200.00 185 60.00 11,000. O0 Drafting 20 55.00 I, 100.00 156 45. O0 7, 020. O0 Word Pro. 4 40.00 160.00 45 40. O0 1,800. O0 Expenses: 36.00 201. O0 Totals: 224 $16,376.00 364 $40,096 The changes we are proposing in this task reflect: · More hours for Richard Mayer to respond to the comments; · A reduction in the number of hours allocated for more junior grade engineers; W.~ID it6 ERP b~bruary I2. 1999 LAW ProJ'ect 40141- 7-03 IO RequestJ~r Change Order · A significant increase in drafting hours needed to complete revisions to the drawings to change figure numbers and to allow for determining areas of land use and providing an identification number for each. The area of the various land use designations was available for the Lely Canal south of U.S. 41 but not for the Lely Lakes Development or for the land use matrix in Sections 8, 9, 17, and 16. In Sections 8, 9, 17, and 16, there are 300 wetland areas that had to be planimetered and an identification number for each one added. · LAW had to redraft the drawings for the system in Sections 30 and 31 to reflect the changes in the Lely Lakes Application. · The application had to be completely re-organized to satisfy the Corps of Engineers' need for a "non-technical document". The format of the application was substantially the same format we have used in the past, and the former Corps person was able to put it out for public notice and did not have objections to the format from the other agencies that the Corps of Engineers coordinates with. Furthermore, LAW has been asked to send the revised application in seven different stand alone chapters. This involves repeating some information seven times and more quality assurance to make sure all seven chapters agree. Then the original application text will have to be revised to incorporate the "technical data" that the engineers at the Water Management District are requiring. · Revise the format for the wetland impact and preservation tables for the Water Management District. They gave LAW the format at the start of the project. In summary, this is a very complex project and the County and LAW are working together obtain a conceptual permit for this project. It always comes to satisfying specific requests from personalities. On smaller projects it is easy to predict what the agency person will require, but on a complex project the agency staff is overwhelmed at the amount of information they must review and it takes an extra and often unpredictable effort to help them feel comfortable with issuing the permit. Meetings The proposed expenditures and expenditures to date are within approximately $200.00. We anticipate at least three more meetings with the agencies, so we are requesting additional budget to cover these. IKt, ID ~16 ERP February 12. 1999 LA IV Project 40141-7-03 I0 Request for Change Order Only the costs for inileage and car rental for future meetings are included in the proposed budget increase: · Original Budget $4,952.00 · Proposed Amount 5,400.00 SUM~VL~LRY Below is a summary. of the budget status: Task Original Amount Proposed Amount Increase Alternatives $ 4,795.00 $ 4,795.00 $ 0.00 Modelling 53,452.00 67,952.00 14,500.00 Wetlands 550.00 550. O0 O. O0 Drawings 10,880.00 13,521. O0 2,641. O0 Application 4,970.00 24,347.30 19,377.30 Response 16,376.00 40, 096. O0 23, 720. O0 Meetings 4.952.00 5,400. O0 448. O0 Totals $95,975.00 $156,661.30 $60,686.30 We trust that this data will allow you to favorably consider our request for additional budget. Thank you for the opportunity to work on this interesting project. If you have any questions please call at (813) 289-0750. Sincerely, LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. Principal Engineer Florida Registration 41759 REM:cjs\G:\ENVIRO\COMMONPxlNVOICES\40141703 10rev I.co.doc EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GREELEY AND HANSEN FOR DESIGN AND IMPLEMENTATION OF 30-1NCH PARALLEL SEWER FORCE MAIN ON IMMOKALEE ROAD, CONTRACT #98-2790, PROJECT NO. 73943. OBJECTIVE: That the Board of County Commissioners, as the Ex-Of~cio Governing Board of the Collier County Water-Sewer District, approve Amendment No. 1 to the Professional Services Agreement with Greeley and Hansen, to perform additional professional engineering design and construction services pursuant to changes in the design effort and concept of the original design of the 30-inch Parallel Sewer Force Main on Immokalee Road. CONSIDERATIONS: On July 281h, 1998 as Agenda Item 16(B)(4), the Board approved the final ranking of consultants and entered into an agreement with Greeley & Hansen for design and construction services for the proposed new 30- inch Parallel Sewer Force Main located on the Immokalee Road segment between U.S. 41 and Goodlette-Frank Road. During the design, additional engineering services for work not included in the original Professional Services Agreement were identified. The additional engineering services are required for design coordination with several adjacent planned construction projects, including the widening of U.S. 41, the Grenada Shoppes and Creekside Park West developments south of Immokalee Road, and two proposed raw/reuse water pipelines along Goodlette-Frank Road. Staff has a negotiated fee increase $24,936 as documented in the February 24, 1999 revised letter proposal from Greeley & Hansen. The following summarizes the breakdown of costs associated with Amendment No. 1: Original Contract #98-2790 $168,541 Amendment No. l(Proposed) $ 24,936 TOTAL (Proposed) $193,477 Copies of the letter proposal from Greeley & Hansen dated February 24th, 1999 and Amendment No. 1 to Professional Service Agreement #98-2790 are available for viewing at the Clerk's Office of Minutes and Records. FISCAL IMPACT: Funds in the amount of $24,936.00 are available in County Wastewater Capital Projects. The source of funds is the Sewer System Development Fee. J 13 15 9 Executive Summary Approve Amendment No. 1 for Design of 30" Sewer Force Main Page 2 GROV~'TH MANAGEMENT IMPACT: This 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). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve and authorize Chairwoman to execute Amendment No. 1 to professional Services Agreement with Greeley & Hansen related to the additional engineering services required for the design of the 30-inch Parallel Sewer Force Main on Immokalee Road. PREPARED BY: "';;.~: , ~ ~ ' DATE: .. Mohan V. Thampi, P.E., Project Manager Public Works Engineering Department REVIE~'ED BY~ff Bibby, P.E., Director DATE: Public Works Engin epartment Public Works Division REVIE~'ED BY:~ DATE:~G Ed llschner, Administrator Public Works Division MVT:mvt APR I 3 DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated July 28, 1998 (hereinafter "AGREEMENT") is made and entered into this day of ,1999, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereina~er referred to as the "County" or "OWNER") and Greeley and Hartsen, an Illinois partnership, authorized to do business in the State of Florida, whose business address is 13180 North Cleveland Avenue, North Fort Myers, FL 33903 (hereina~er referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the Design and Implementation of 30" Parallel Sewer Force Main project (hereinafter referred to as the "PROJECT"), said services being more fully described in the said AGREEMENT; and _ WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are -.. necessary in light of changes in the design effort and concept of the force main; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies, 1.2. As a result in the changes in the design effort and concept of the force main affecting the original design of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B - Attachments A and C, and Schedule C, as attached hereto. Additionally, CONSULTANT'S compensation for basic services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this AMENDMENT. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for Design and Implementation of 30" Parallel Sewer Force Main the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT By:, Date: By: Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: As~istar?t Cd'Gn~y Attorney GREELEY AND HANSEN WitneSs c.p P.E., Partner Witness (CORPORATE SEAL) SCHEDULE B - ATTACHMENT a SHEDULE OF FEES FOR BASIC SERVICES Greeley and Hansen FEE PREVIOUS AMENDMENT REVISED TASK NO. TASK DESCRIP'I:ION IN CONTRACT AMENDMENTS NO. 1 FEE A. 2 DESIGN REPORT 23,948.00 0.00 5,682.00 29,630.00 A.3 PRELIMINARY DESIGN 33,26600 0.00 8,233.00 41,499.00 A.4 FINAL DESIGN 13,020.00 0.00 0.00 13.020.00 A. 5 CONSTRUCTION BID SERVICES 6.876.00 0.00 0.00 6.876.00 A.6 CONSTRUCTION CONTRACT ADMINISTRATION 19,354.00 0.00 0.00 19,354.00 SUBTOTAL BASIC SERVICES TASKS A.2 -A.6 96,484.00! 0.00 13.915.001 110.379.00 SCHEDULE B - ATTACHMENT C SHEDULE OF FEES FOR ADDITIONAL SERVICES A.7 OBSERVATION OF CONSTRUCTION ~ $37,435.C0 50.00 ,154,950.00 8.42.385.00 A.8 ADDITIONAL SERVICES PERMITS $5,210.00 $0.00 $1,688.00 S6,898.00 SURVEY $20,910.00 $0.00 S0.00 S20,910.00 SOILS INVESTIGATIONS $8,522.00 S0.00' 80.00 88,522.00 EASEMENTS S0.C0 S0.C0! $4,383.00 S.4,383.00 SUBTOTAL ADD'L SERVICES TASKS A.7 AND A..8 $72,077.00 $0.00! $11,021.00 $83.098.00 TOTAL ENGINEERING SERVICES $168,541.00 S0.00 $24,936.00 8193,477.00 SCHEDULE C REVISED PROJECT SCHEDULE Greeley and Hansen TIME FOR CUMULATIVE TIME TASK DESCRIPTION COMPLETION FOR COMPLETION A.2 DESIGN REPORT 36 weeks 36 weeks A.3 PRELIMINARY DESIGN 10 weeks 46 weeks A.4 FINAL DESIGN 16 weeks 62 weeks A.5 CONSTRUCTION BID SERVICES 6 weeks 68 weeks A.6 CONSTRUCTION CONTRACT ADMINISTRATION 26 weeks A.7 DETAILED OBSERVATION OF CONSTRUCTION 26 weeks 94 weeks Notes: 1. Times for completion are from the Notice to Proceed, dated August 5, 1998. The project shedule has been revised to reflect additional engineering tasks not in the original scope of services, including force main alignment and design coordination associated with the Creekside Commerce Park West and Grenada Shoppes developments, easement acquisition, U.S. 41 widening project and the proposed raw water pipelines along Goodlette-Frank Road. Since a portion of this force main will be constructed as part of the U.S. 41 project, construction of the force main cannot start until the U.S. 41 construction is undervjay. The U.S. 41 construction is currently scheduled to start in about September of 1999, which matches with the revised force main schedule shown above. 2. Tasks A.6 and A.7 are concurrent. Consultant does not have control of the actual completion of construction date. Estimates of engineering time and costs for these services are based on an estimated 6-month construction schedule. GREELEY AND HANSEN ENGINEERS ARTHUR H. ADAMS wAL..cE A. AMBROSE 22D' CA.TU ;O" 17 RONALDE..,'ZARR, ' THOMAS J. SULLIVAN JERRY C. BISH ROGER J. CRONIN JOHN M. S~CH February 24, 1999 JOHN C. VOGEL TERRY L. WALSH RONALD F. MARTIN KEN~-v. JOHNSO. Mr. Mohan V. Thampi, P.E., REM CARL M KOCH. PH.D. EDWARD M. GERU~T. a.. PrOj oct Manager CLYDE WtLBER .RAN~ a. TANTO.t Coil ier County STEPHEN H. PALAC ANDR~,w..,C.ARDSON Public Works Engineering $TEVEN A. GYORY ~sEpH R. poPEcK County Government Center PAUL S. HAGLUND ,EDsR,coE. MA,sc. 3301 E. Tamiami Trail R,C,ARD p. M,L,E Naples, Florida 34112 HAROLD O. GILMAN JOSEPH M. CERVONE T,. GRE,~ Subject: Design and Implementation of 30-Inch Parallel Sewer Force Main CLIFFORD M. POMERANTZ ROVERS-o,~ELL Public Works Engineering Project No. 73943 SCOTT T. GIRMAN ~ .,.~eYA. B.ODSKY Contract Amendment No. 1 DA',qO C HAGA~ CAV~O V HOBfiB NICHOLAS J. HOUMIS .uRvoN s ~N Dear Mr. Thampi: JAY H. kOVEtj, SS MIKE pEKKALA RENSO GASPAROTTO pAuLJ. ~O~EL Enclosed are descriptions and costs for additional engineering services which we ~,%~.E~."~.ER have been requested to provide for the subject project. These services were not included EDWIN M, PHILLIPS ,. S~MS,,,~USS.~. in the original scope of services. Additional costs are for engineering services related to ."~"[;'~L~%R design coordination ~vith several adjacent planned construction projects, including the STANLEY S. D~AMONO JOHNR eRAraY. PH.D. ~videning of U.S. 41, the Grenada Shoppes and Creekside Commerce Park West WILLIAM L JUDY JOSEPH M GORGAN developments south of Immo'kalee Road and two proposed raw water pipelines along GASTANo GAR,RALO, Goodlette-Frank Road. THOMAS E POEHLS O BRETT BARBER Yours very truly, GREELEY AND I-L~.NSEN Roger S. Howell, P.E. Enci. E:\COLLIER\THAM224ARSH FOUNDED IN I 9 I 4 COLLIER COUNTY GOVERNMENT :' PUBLIC WORKS ENGINEERING i CONTRACT NO. 73943 Design and Implementation of 30-Inch Parallel Sewer Force Main Contract )Mnendment No. 1 Greeley and Hansen February 24, 1999 The following are descriptions and estimated engineering costs for additional tasks not included in the Scope of Services: Estimated Task No. Ta~k Description Engineering Cost A.2.2.c. 1 Force main alignment coordination associated with the proposed Grenada Shoppes development south of Immokalee Road, including meetings and preparation of e.'xhibits $1,072.00 A.2.2.c.2 Force main alignment coordination associated with the proposed Creekside Commerce Park West development, including meetings and preparation of ex.hibits $2,891.00 A.2.2.e. 1 Force main alignment coordination associated with the U.S. 41 widening project, including meetings and preparation of exhibits $1,720.00 A.3.1.1 Preparation of early output design for force main crossing U.S. 41, including conversion to metric design and preparation of design and specifications on FDOT drawings provided by Tampa Bay Engineering $1,462.00 A.3.1.2 Force main design coordination for design in Grenada Shoppes easement $2,788.00 A.3.1.3 Force main design coordination for design in Creekside Commerce Park easement $2,891.00 Page 1 of 2 Estimated Task No. Task Description Engineering Cost A.3. i .4 Force main design coordination for two proposed 12-inch raw water pipelines in Goodlette-Frank Road $1,092.00 A.7.1.1 Additional time for fuIl-time construction observer for construction tltrough easements in developments and wetland areas $4,950.00 A.8.D.1 Services for preparation of legal descriptions and sketches for Grenada Shoppes easement $2,300.00 A.8.D.2 Services for preparation of legal descriptions and sketches for Creekside Commerce Park easement $2,082.00 A.8.D.3 Services for coordination and preparation of FDEP Noticed General Permit $1,688.00 TOTAL FOR CONTRACT AY, IENDMENT NO. 1 $24,936.00 E:\COLLIER\COLL_SOS.WPD Page 2 of 2 ~O00000 O00OO O00000 O0000 000000 ~00000 000 0 300000 300000 000 0 DO0000 0~o~ ~ ~ 0 ~ ., ' OZ ZZ - > zO~ ~Q ZZO~ O~ZOOZ~ ~<~ < DD<Z ~OOm~ ~<0 _ 000000 U ~0000 OOOO00 OOO ~ ~O000OO 000 0 OOOOOO OOO ~ ........ ~ ~o ~ 5 z ~wz~< D O 5>Oz > O ~O Z ~ ~ ~ O~D ~ 0 ~ ~D ZZO~ w D~ZOOZ~ O DD~z ~ ~ ~ZW~>O 0 EXECUTIVE SUMMARY APPROVE REVISED SETTLEMENT AGREEMENT AND FINAL CHANGE ORDER RELATED TO THE SOUTH COUNTY RECLAIi~IED WATER STORAGE PONDS, PROJECT 74011 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a change order and a separate, related settlement agreement to resolve outstanding issues related to the South County Reclaimed Water Storage Ponds, Project 74011. CONSIDERATIONS: The Board entered into a Construction Agreement with The Glades, Inc., (Contractor) as part of a Settlement Agreement (herein referred to as the 1995 Settlement Agreement) on October 24, 1995, agenda item 8(B)(2). The proposed revised settlement agreement and final change order will reconcile contract time and resolve all outstanding claims as needed to close the CQnStruction Agreement. A summary of approved and proposed contract change orders are tabulated below: Contract Change Contract Funding Source Changes Amount Time. days Wastewater Parks Description Original 1,681,177.95 545 1,403,677.95 277,500.00 1 104,600.00 0 0 104,600.00 Compact all fill, add fill 2 20,312.00 0 20,312.00 0 Bonds 3 145,833.32 0 145,833.32 0 Extend main; change valve type 4 137,250.00 60 0 137,250.00 45,000 CY of fill to Sugden Park 5 21,217.36 3___0 (352.24) 21,569.60 7,072 CY of fill to Sugden Park; resolve utility conflicts; merge existing cypress into wetland plan Total $2,110,390.63 635 $1,569,471.03 $540,919.60 Current Contract 6 _0 325 _0 0 Proposed final change order Total $2,110,390.63 960 $1,569,471.03 $540,919,60 Proposed final contract amount Reconcile Contract Time The Contractor did not complete the Work within the contract allotted time. The following chart compares the contract allotted time with the actual time to achieve substantial completion of three separate tasks and final completion of the entire project. 95 ~ 1996 1997 1998 ID Task Name Qtr 3 I Qtr 4 tr 1 I Qtr 2 ~ Qtr 2 ] Qtr 3 ] Qtr 4 Qtr 1 I Qtr 2 I Qtr 3 I Final Completion 11/15 [---- ~ ~ 7/2 2 Pond C 11/15 I I I 12/24 3 Ponds A & B 4/15 I I ...... 12/24 4 Offsite Piping 11/21 ~ 8/11 E ~i I 3 Executive Summary Final Change Order, Project 74011 Page 2 The original contract time to achieve final completion of 545 calendar days (18 months) was increased by previous authorizations to 657 days. The Contractor achieved final completion in 960 days on July 2, 1998, which is 303 days past due. The proposed final change order will add 22 days to the contract time for the substantial completion of the segment of the project identified as "Pond C". This additional time was previously granted by letter to the Contractor dated August 19, 1997. By contract, the County is entitled to assess liquidated damages in the amount of $250 per day for each day the Contractor fails to complete the Work beyond the contract substantial completion date. Section 5. B. of the Construction Agreement applies and reads as follows: "Should the Contractor fail to complete the Work within the time period noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, $250.00 for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Design Professional issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquished any fight which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner.". The Construction Agreement specifies durations for achieving substantial completion of three separate portions of the work as identified in Exhibit I to the Construction Agreement. Contract start dates for each portion of the work represent actual events which released the Contractor to begin work on each respective portion of the work, summarized as follows: Work Portion Start Date Event Pond C November 15, 1995 Closing date for Parcel 1 Ponds A & B April 15, 1996 Contractor issued the last of the necessary permits Offsite Piping November 21, 1996 County records the last of the necessary easements Actual completion dates for the various portions of the Work vary. It is acknowledged that the Contractor achieved substantial completion of the Off-Site Piping on August 11, 1997. The Contractor claims to have achieved substantial completion of the remaining portions of the work on December 24, 1997. The Contractor's Engineer issued a certificate of substantial completion; however, it was not dated in accordance with the Construction Agreement. Without a dated certificate of completion, staff contends that substantial completion was March "' 3, 1999, which is the date the Florida Department of Environmental Protection granted permission to place the reclaimed water transmission and storage system into servic.e~and thus, made the system available for beneficial use by the County. ~ hci. ~"i~"~[iro) i c. o2 Executive Summary Final Change Order, Project 74011 Page 3 A summary of the contract and actual dates for substantial and final completion is provided in the following table. Contract Contract Actual Substantial Final Days Work Completion Completion Completion Past Portion Date Date Date Due Offsite Piping 01/20/97 --- 08/11/97 203 Pond C 05/25/96 --- 12/24/97 578 Ponds A & B 01/10/97 --- 12/24/97 348 Final --- 09/02/97 07/02/98 303 Liquidated damages are calculated as the difference in days between the latest contract and actual substantial completion dates multiplied times $250 per day. Using the substantial completion date claimed by the Contractor, liquidated damages are calculated to be $84,500 as provided in the following table. The amount of liquidated damages would be greater if calculations were based on the substantial completion date supported by staff. Latest Contract Latest Actual Days Liquidated Substantial Substantial Past Damages ~ $250 Completion Date Completion Date Due per day 01/20/97 12/24/97 338 $ 84,500 The status of payments to the Contractor to date are as follows: Contract Amount $2,110,390.63 Amount Paid less Retainage $1,961,364.93 Remaining Balance $ 149,025.70 In the interest of closing out the conditions of the 1995 Settlement Agreement, no liquidated damages will be assessed. The proposed final change order will add all the additional time needed, which is 325 days, to reconcile contract allotted time with the actual time to complete the Work, and thereby, waive the County's fights under the contract to assess liquidated damages. A copy of the proposed Final Change Order is attached. Reconcile Contract Quantities Final actual quantities are the same as the current contract quantities. No changes to contract quantities are proposed. Executive Summary Final Change Order, Project 74011 Page 4 Resolve Claims There are unresolved claims on this project. Some originated from the Contractor and others originated from County staff. All claims are proposed to be resolved as part of this final change order and are tabulated in summary form as follows: Contractor's Staffs Item Claim Claim Explanation 1. Add 6 acres ofwetland plantings 30,408 Considered part of the Work. 2. Raise motors on electric actuated valves 13,500 Considered part of the Work. 3. Provide landscaped buffer 16,500 Considered part of the Work. 4. Resolve utility conflicts ~ Lely HS 3,000 Staff concurs. 5. Interest on amounts due 15,000 Merits of this claim not evaluated. 6. Planted wetlands are defective 100,000 Estimate for alternate offsite mitigation 7. Exotic vegetation removal is defective 45,000 See asterisk * below. 8. Prepare/record Conservation Easement 7,500 Estimated staff time and expenses 9 Liquidated damages 84,500 Sum of LDs for 3 missed completion dates Total $78,408 $237,000 Difference is $158,592 · Remove and/or herbicide recurring exotic vegetation @ $15,000 per year for minimum of 3 years. The Contractor and staff have reached agreement on conditions leading to resolution of all claims as follows: 1. Staff will negotiate a revised agreement with the Contractor to provide extended warranties with liquidated damages relating to the successful performance of the planted wetlands and exotic vegetation removal (Items 5 and 6 in the table above). Processing of the Contractor's application for final payment under the 1995 Settlement Agreement will not begin until a new agreement is fully executed. 2. Owner waives its fight to assess liquidated damages under the 1995 Settlement Agreement. 3. Both parties shall waive any and all fights to future claims pursuant to the 1995 Settlement Agreement. Lease Overpayments Because of an oversight, the County continued to make, and The Glades, Inc., continued to accept, lease payments on the use of the Davis Boulevard effluent ponds after the lease was terminated. In a letter from Mr. Samuel Hubschman dated March 21, 1997, the Contractor stated that the County was no longer obligated to pay rent for use of the Davis Boulevard Ponds beginning May 15, 1997. The County continued to make payments for rent through October 22, 1997. The County Wastewater Department also paid $12,095 in non-ad valorum taxes for the calendar year 1997 on the leased property. The Contractor agrees to reimburse the County, as a deduct from the final contract payment, the total amount of $32,322.88. This equates to 161 days of lease overpayments at the lease rate of $56,000 per year plus 230 days of 1997 non- Executive Summary Final Change Order, Project 74011 Page 5 ad valorem taxes paid for the use of the Davis Boulevard effluent ponds beyond the date that lease payments were suspended. FISCAL IMPACT: This project was funded by user fees. No additional funds are needed. Unused portions of the existing purchase order will be returned to Wastewater Capital Project Fund. The amount of $32,169.45 for lease and tax overpayments will be returned from the Wastewater Capital Project Fund to the Wastewater Department Operating Fund 408-210120 by budget amendment. Final payment under the 1995 Settlement Agreement will not be released until a new agreement is fully executed. GROWTH MANAGEMENT IMPACT: None. RECOI~IMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer Di~.:"~ct, take the following action to close-out the 1995 Settlement Agreement with The Glades, . 1. Approve, and authorize the County Attorney to prepare, a negotiated agreement to provide extended warranties as described herein, and authorize Chairwoman to execute same; 2. Approve and authorize the Public Works Engineering Director to execute the final change order for the South County Reclaimed Water Storage Ponds, Project 74011, pursuant to the Construction Agreement, and the 1995 Settlement Agreement, with The Glades, Inc.; 3. Deduct from the final payment, the total amount of $32,322.88, as compensation for lease overpayments; and 4. Approve the necessary budget amendment. Karl W. Boyer, P.E., Senior Project Manager Office of Capital Projects Management Public Works Engineering Department APPROVED B DATE: Ed Ilschner, Pubclic Works Administrator KWB/kwb Attachment: Proposed Change Order 6 (Final) CHANGE ORDER 6 (FINAL) TO CONTRACTOR: The Glades, Inc. DATE OF ISSUANCE: 7200 Davis Boulevard Naples, Florida 34104 PROJECT: South County Regional Reclaimed Water Storage Ponds OWNER: Collier County Water-Sewer District OWNER'S Project No. 74011 3301 Tamiami Trail East Naples, Florida 34112 Under our Construction Agreement as part of Settlement Agreement dated October 24, 1995, You are hereby directed to make the following changes in accordance with the terms and conditions of our agreement: Description: This change Order will reconcile actual time with contract time, and also, resolve any and all outstanding or future claims related to the Construction Agreement. This change order will be valid upon the execution of a separate, related settlement agreement to provide extended warranties related to the successful performance of the planted wetlands and exotic vegetation removal. Contract Amount Contract Time to Final Completion Original Agreement $1,681,177.95 545 days Sum of Previous Changes $ 429,212.68 90 days This Change Order $ 0.00 325 days Present Agreement $2,110,390.63 960 days Accordingly, the final completion date is now the actual final completion date of July 2, 1998. All of the substantial completion dates are now the same as the actual substantial completion dates. Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. ACCEPTED: ,19 CONTRACTOR: ENGINEER: OWNER: By: By: By: Samuel Hubschman J. Gary Butler, P.E. Jeff Bibby, P.E. President, The Glades, Inc. Butler Engineering, Inc. PWED Director KWB:kwb cc: Purchasing Director EXECUTIVE SUMMARY REJECT BID NO. 98-2834 FOR ORTHOPHOSPHATE/POLYPHOSPHATE OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, reject bid proposals received for Bid No. 98-2834, Orthophosphate/Polyphosphate. CONSIDERATIONS: On July 7, 1998 the Purchasing Department published and distributed bid packages to 79 vendors for the purchase and delivery of orthophosphate/polyphosphate. The bid opening was held on July 29, 1998 with six bids received. A requirement of the lowest responding bidder was to establish the effectiveness of their product, by the water insertion process (coupon testing) and the use of corrosion monitoring instrumentation to determine the scaling or corrosion in the water mains prior to bid award. Sweetwater Technology was the lowest bidder and the Water Department began the test phase on their product. During the test phase, several major problems with the product received and the customer service relationship with Sweetwater Technology became apparent. Examples of the problems experienced are as follows: · Delays in shipment, that at one point required an emergency delivery of phosphate in order for the South Water Plant to continue treating water. · The method of shipment was different than as called for in the bid specifications. · The invoices submitted for payment showed a larger amount of chemical delivered than was actually received. · Test results for the coupon analysis testing took substantially longer than is the industry noITn. After reviewing the above, the Water Department requests that Board of County Commissioners to reject Sweetwater Technology's bid at this time. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners reject all bids received for Bid No. 98-2834 and authorize staff to rebid. Batty Eriekson~ Chief Operator Paul Martausch, Water Director ' ~eve C~arnell, l~rchasing ~)irector APPROVED BY:, Ed Ilschner, Public Works Administrator . : .- : ::.:. : : : : -.....-.:. :.:: · : ::.:..:::-:: ===================== :.:::::: ======================= :.:::::: . .~ . .: : ............... .......... ............... ~::::::: :::~: .::. ::. :. :....-::.:::========================================================== . . ... .......::.:.. ............ : . .:.:::. :. ::::: ::: ::::: :::.:'::: ::::: ::::: ::: ::::::: ::::.: :::::: ::::::: ::::::::: :::: ::::: : :.. :::::.: '::::: : :.:...:.: ::::::::::::::::::::::::::::::::: :::: :.:::: :::::::::::::::::::::: :: :::::: ::: ~::. :::: :::::.:::::.: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .: ::: ::::::::::::::::::::: . . ... .... . .. :: :.:.:: :: :: ::. . ............................... ...... ....... . . .. . . :: : -. :: ::.: :::: ::: :: ::..:: :.::: ':::::: ::::::: . .'.::::: :: ::.: ::.::.:-:.::: · .. · . .: ... . .......... . · ... :::.- : ''i:::: :::: :: ::~: :::::: :~..:. ,: .... . .. · . -,.:.- EXECUTIVE SUMMARY INCREASE DOLLAR AMOUNT FOR SOLE SOURCE PURCHASE ORDER #913339 TO ROBICON FOR VARIABLE FREQUENCY DRIVE REPAIRS OBJECTIVE: To gain approval from the Board of County Commissioners, Ex-Offi~io of the Govei'ning Board of the Collier County Water-Sewer District for an increase of Purchase Order #913339 for Robicon, a sole source vendor, from its initial amount of $24,999.00 to the new total dollar amount of $57,000.00. CONSIDERATION: In the first 4 months of this fiscal year, our Department has found it necessary to use this contracted vendor, Robicon, for various repair services related to variable frequency drives, motors, and pumps. As the manufacturer of these drives Robicon is uniquely qualified for these repairs. In this first four months almost all of the initial funds have been used. For this reason it has become necessary to increase this purchase order over the $25,000 limit so that repair services may be continued through the completion of this budget year. FISCAL IMPACT: The fiscal impact of this Executive Summary is for a total of $32,001.00 which will be added to the existing purchase order. Funds for this increase are available in County Water Operating Fund - Maintenance - Other Contractual Services (408-253215-634999). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the increase of Purchase Order #913339 to the sole source vendor, Robicon from the existing amount of $24,999.00 to the adjusted amount of $57,000.00. - ' ' ' s Superintendent/Water REVIEWED BY: , . _ Date: Paul Mattausch - Director/Water Ste,fe Camell- Director/PurchasWn; APPROVED BY~~.e Date: 2- ~ Works EXECUTIVE SUMMARY AWARD BID 99-2918 FOR WATER METERS OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No.99-2918 for water meters to ABB Water Meters Incorporated as the low bidder. CONSIDERATIONS: 1. The Collier County Water Department installs water meters at all County water service connections. The meters purchased through this bid will be utilized on all new service installations and the replacement of meters as required due to age. 2. Bid 99-2918 was posted on March 24, 1999, twenty-six inquires were sent to vendors and five bidders responded. 3. Staff has reviewed the bids received and award is recommended to the low bidder, ABB Water Meters Incorporated. FISCAL IMPACT: Estimated award expenditures for water meters under Bid 99-2918 is anticipated to be $200,000. The actual cost is dependent upon the number of new services installations and the number of existing meters requiring replacement. Funds are budgeted in the Water Distribution Cost Center. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid # 99-2918 for water meters to ABB Water Meters Incorporated as the low bidder. SUBMITTED BY: Pamela Libby, Field SuperviSor' nEV WED BY: ,"/ Paul Mattausch, Water Director Steve Carnell, Purchasing Director APPROVED BY~~ Ed Ilschner',, Public Works A'~ministrator / EXECUTIVE SUMMARY APPROVE AN AGREEMENT PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE VILLAGES OF MONTEREY SUBDIVISION (VM) OBJECTIVE: To gain Board of County Commissioners approval of an Agreement among the VM Master Association, the Collier County Sheriffs Office (CCSO) and the Board of County Commissioners for traffic control on non-publicly maintained roadways within the VM community. CONSIDERATIONS: On December 15, 1998, the Board of County Commissioners directed staff (Item 7A1) to work with the VM Master Association and the CCSO to develop an Agreement for traffic control within the VM community. The streets within the community are not maintained by Collier County, although they have been constructed to meet county standards. The Transportation Services Department performed an inspection of the traffic control devices and other signs and pavement markings within the community and opines that they are in general conformance to and are consistent with the Manual On Uniform Traffic Control Devices (MUTCD). A letter has been provided to the management company for the community indicating those items that require maintenance (Exhibit "C" to the Agreement attached) or are necessary for complete conformance to the MUTCD. The CCSO has also indicated that it is willing and able to participate as a party to the Agreement (Exhibit "B" to the Agreement attached). After review of the proposed Agreement and the pertinent exhibits (Attachment No. 1), staff recommends that the Board of County Commissioners become a party to the Agreement and recognize jurisdiction over the streets within the VM community. Staff further opines that the assertion of such jurisdiction does not carry any liability or responsibility for maintenance or operation of the streets or roadway drainage. The Agreement merely empowers the CSSO to provide patrol and motor vehicle enforcement capability within the VM community. FISCAL IMPACT: None. The Sheriff, by becoming a party to the Agreement will include the additional patrols as part of the normal and routine duties of his staff (Paragraph 4 of the Agreement). GROWTH MANAGEMENT IMPACT: None Executive Summary Approve an Agreement for Traffic Control Page 2 of 2 RECOMMENDATION: That the Board of County Commissioners: 1) Approve the Agreement and authorize the Chairwoman to execute it on behalf of the Board; 2) Authorize staff to provide a copy of the Agreement to the CCSO and request that the CCSO add the VM conmaunity to its patrol pattern; and 3) Authorize staff to provide any additional documentation or site reviews necessary to carry out the intent of the Board's direction. PREPARED BY~~ ~ DATE: _~'/5C'' ~f y--~.~_~d ! ~, Transportation Services Director REVIEWED B :::7' D~,T~_~ ier County Sheriff .'~~~~~~ DATE: 3-o.q,5"'~' ~' APPROVED BY Ed ~lsc}i'~er]gli~ Works Administrator Attachments: No. 1 - Proposed Agreement i APR I 3 1S'~9 ! AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITIIIN VILLAGES OF MONTEREY SUBDIVISION THIS AGREEMENT made and entered into this ~ day of , 1999, by and among; the Villages of Monterey Master Association, Inc., a Florida not-for-profit corporation, with office c/o Southwest Property Management Corporation, 1044 Castello Drive, Suite 206, Naples, Florida 34103; the Collier County Sheriff, and; the Board of County Commissioners of Collier County, Florida. WITNESSETH: WHEREAS, all streets and roads within the Villages of Monterey Phases 1, 2, 3, 4, 5 and 6 are private roads, not owned or maintained by Collier County; and WHEREAS, the Villages of Monterey Master Association, Inc., a cooperative organization composed of representatives from each of the developments within the Monterey community charged with maintaining and controlling the private streets within the subdivision, has tendered a letter request dated January 15, 1999, attached hereto as Exhibit "A", for the Collier County Sheriff to patrol said private roadxvays and exercise jurisdiction in the enforcement of state and county laws; and ~qqEREAS, Section 316.006 (3) (b), Florida Statutes, provides that a county may exercise jurisdiction over any private road or roads located wilhin the unincorporaled area within its boundaries if the county and party or parties owning or controlling such road or roads provides, by written agreement approved by the governing body of the county for county traffic control jurisdiction over the road or roads encompassed by snch agreement; add WHEREAS, lhe Collier County Sheriff has monitored traffic on and along the private streets within the Villages of Monterey Subdivision and confirmed an enforcement need and has agreed to provide traffic conlrol enforcement in the areas requested (see Exhibit "B"); and WHEREAS, Collier County, through its Transportation Department, has reviewed and communicated with the Villages of Monterey Master Association, Inc., regarding signage and a required subdivision sign maintenance plan (see Exhibit "C' attached hereto); and WHEREAS, lhe Board of County Commissioners has reviewed these requests and determines that it is in the interest of the pnblic health, safety and welfare to enter into an agreement pursuant to Section 316.006 (3) (b), Florida Statutes. NOW THEREFORE, in consideration of tile premises and the terms and conditions provided herein, the panics hereto agree as follows: 1. TIle recitals and Exhibits stated and referenced hereinabove are restated hereby anti are made a pan of this Agreement. 2. Collier County, by its Board of County Commissioners, has hereby determined and henceforth does exercise jurisdiction over all private roads located within the Villages of Monterey Subdivision, Phases 1, 2, 3, 4, 5 and 6, pursuant to this Agreement entered into pursuant to Section 316.006 (3) (b), Florida Statutes. 3. Pursuant to Section 316.006 (3) (b) (2), Florida Statutes, lhe Collier County Sheriff hereby expressly waives the statutory requirement concerning the effective date of this agreement relating to the beginning of the next county fiscal year and agrees lo lhe effective dalel~~~ of this Agreement as provided herein. PG ' 'C'9 ~ 4. The Collier County Sheriff shall include as part of its normal duties patrol and enforcement of all county and slate traffic control regulations and laws on and over all private streets and roads in existence or that shall come into existence within the Villages of Monterey Subdivision Phase 1,2, 3, 4, 5 and 6. 5. The parties recognize that the roads within the Villages of Monterey Subdivision are not public (County) roads, are norCounty-owned, and the responsibilities for construction, maintenance and repair, including signaFe ::!ong the roads do not legally exist with and are not hereby contra';ally imposed upon Collier County or the Collier County Sherii: 6. Signage maintenance, repair and adeqnacy on and along lhe roads within the Villages of Monterey Subdivision, Phases 1,2, 3, 4, 5 and 6 is recognized as the responsibility of the homeowner association and/or other private property inleresl(s) wilhin said Subdivision, and a maintenance program shall be developed and adhered to by the Villages of Monterey Master Association, lnc., pursuant lo Exhibit "C", attached. 7. For the purposes of identification and geographic specificity, Villages of Monterey Subdivision is composed of: The Villages of Monterey at Woodbridge Unit 1, depicted and described in Plat Book 15, pages I0- 15 of the Public Records of Collier County, Florida; The Villages of Monterey at Woodbridge Unit 2, depicted and described in Plat Book 15, pages 69-70 of the Public Records of Collier County, Florida; The --- Villages of Monterey at Woodbridge Unit 3, depicted and described in Plat Book 19, pages 8-11 of the Public Records of Collier County, Florida; The Villages of Monterey at Woodbridge Unit 4, depicted and described in Plat Book 17, pages 77-79 of the Public Records of Collier County, Florida; The Villages of Monterey at Woodbridge Unit 5, depicted and described in Plat Book 17, pages 104-106 of the Public Records of Collier County, Florida; The Villages of Monterey at Woodbridge Unit 6, depicted and described in Plat Book 23, pages 21- 22 of the Public Records of Collier County, Florida. 8. The Villages of Monterey Masler Association, Inc., hereby indemnifies and holds Collier County harmless and indemnifies and holds the Collier County Sheriff harmless for its non-negligent acts, errors or omissions in providing the exercise of traffic control jurisdiction hereunder. Collier County shall be included as "additional instired" on the liability insurance policies of the Villages of Monterey Master Association, Inc. 9. This Agreement may only be modified through a written document executed with the same formality as this Agreement. However, this Agreement may be terminated by the County by lhe adoption of a resolution providing for terminalion at public meeting of the Board of County Commis~xoners. APR I 3 1599 ! IN WITNESS \VHEREOF, the parties hereto have executed this Agreement, the Board of County Commissioners having approved this Agreement the __ day of ,1999. \x, qTNESSES: VILLAGES OF MONEE.Rf/'~ ,INC.. im Bentin Joe Gennaro / q'VPED ': gon~nter C~he~ff ATTEST: BOARD OF CO~TY COMN/ISS]ONERS DBrlGHT E. BROCK, Clerk OF COLLIER COgTY, FLORIDA By: By: Pamela S. Mac'Kie, Chairwoman Approved as to form and l 1 i c': County Attorney ~ APR ~ 3 ~5 i Exhibit "A" SOUTHWEST PROPERTY MANAGEMENT CORPORATION 1C~4 CAS~ELLO DRIVE, SUITE #206 N,~:~I-ES, R.O~IDA 34103-1900 941/2~1-3440 , FAX: 941/2~1-2013 EMAjL: SWPTapMgtCaol,com January 15, 1999 Mr. Don Hunter, Sheriff Collier County Govemrr.~nt Complex Sheriffs Department 3301 Tamiami Trail East Naples, Fbrida 34! 12 RE: Villages of Monterey Civil Infraction in Gated Community Dear Sheriff Hunter, This correspondence ~ to request an agreement between the Villages of Monterey, a Gated Community in Norr. h NapJes, and the Collier Couni",J Sheriff's Department which would albw the Department to police the community for traffic control, i.e. speeding, stop sign violations and other civil infractions. This agreement would be similar in nature to the existing agreement between the County and Imperial Golf Estates. At this point I have already been in contact with the County Attorney, the County Administrator and I have appeared before the County Commission. As part of the final package, I need a letter from you indicating that this agreement would be acceptable to your Department. Your assistance in this matter would be greatly appreciated. If you have any questions or need additional information, please conm, ct me at (9,~i)261-,,M40. Both the Board of Directors and I would like to thank you in advance for your prompt attention. Sincerely, ~nn~ro Manager APR 13 lg, g Exhibit "B" Collier County Coot, Complex BldCl. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 February 25, 1999 joe Germam, Ma.nagcr Southwest Property Management Corp. 1044 Castclio Drive, Suite #205 Naples, FL 34 103-1900 RE: village of Monterey Dear Mr. C-ennaro: I have }~ur lcttcr of january 15, 1999 r~garding the captioned matter. On bch~f of the Shcri~'s OSce, please understand that this ABrncy supports your traffic control efforts and will jekn in the statutorfly provided arrangement. Please f~l free to forward or have forwarded the final package .and we will be pl,~sksecl to join. S' cerely, r, Sheriff # DH:jab cc: Fiie 3 APR 1 7_,______' THE FLORIDA 5HF'RI~'FS YOUIH RANCHES W E S U P P O R T A home foe needy 8n¢1 wO~'thy bolft Irtci girl& COLLIER COUNTY JR DEPUTY LEAGUE INC. WE SPONSOR COLLIER COUNTY EXPLORER POST Exhibit "C" COILlEER COUNTY GOVERNMENT TRANSPORTATION DEPARTMENT 330 1 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8494 FAX (941) 774-5375 A CERTIHED BLUE CHIP COMMUNITY March 3, 1999 Joe Germaro, Vice President Southwest Property Management Corporation 1044 Casteli.'., Drive, Suite 206 Naples, FL 34103 Re: \rillages of Monterey Traffic Control Devices Dear Mr. Gennaro: Thank you for providing a copy of SheriffHunter's letter ageeing to participate in the villages of Monterey traffic control effort. Per our discussion, I have made a site reconnaissance of the streets within the subdivision and I offer the following comments: I. There are STOP sig-ns at all street intersection. They appear to be placed in substantial conformance to the Manual On Uniform Traffic Control Devices (MUTCD). There are also several multi-way STOP sig'n installations. Warrants for multi-way stops are also detailed in the .MUTCD; however, since we have no data with which to determine the need for these multi-way stops and since they are in place in a community with non-publicly maintained roads, we offer no objection to their continued use. 2. We observed several intersections that also have painted crosswalks. There are no advance warning (W1 i-2) or crosswalk (W11A-2) signs in evidence. We suggest they be installed as a potential liability preventative measure. 3. There are numerous speed limit sig-ns throughout the community. On several streets (e.g., Vera Cruz Way, Las Palmas Way, San Miguel Way) they indicate a speed of fifteen or twenty miles per hour (MPH). The statutory (F.S. 316.189(2)(a)) speed in Florida on residential streets is 30 MPH. This speed may be lowered to 25 MPH by the Board of County Commissioners. Based on the acceptance of the subdivision plans and plat by the Board, it is reasonable to conclude that the Board of County Commissioners supports the 25 MPH posted speed. The fifteen and twenty MPH posted speeds are, most likely, unenforceable. 4. There is a speed limit sig-n on Vera Cruz Way southbound that is completely obscured by vegetation. Joe Geru:aro, Vice President March 3, 1999 Page 2 5. There is a STOP bar painted in the street on Cordoba way (directly in front of lot 1) that should be removed and, ifrepainted, placed at the STOP sign rather uhan in front of the residence driveway. 6. There is a hedge located along the north side of San Vista Circle (north entry) that obscures the sight line for drivers exiting San Vista Circle. It is impossible to see oncoming traffic from the north on Mission Drive. This hedge should be trimmed back. The foregoing comments are meant as guidance. In general, variations from the guidelines in the M'UTCD are minor and should not create a heard. The area is residential; the majority of the motorists are residents and are quite familiar with the area; conditions are such that a favorable environment exists for adequate driver notice and enforcement, except where noted in Item 3 above. Thank you for the opportunity to comment on your traffic control plan. We suggest that a regular schedule of sig-n and pavement mar'king maintenance be continued. If there are any questions or if you seek additional information, please contact me at 774-8494. /'e ' %. r , ,' our cc: Dale Bathon, P.E., Senior Engineer and Acting Traffic Operations Supervisor File: Villages of Monterey Traffic Control A~eement APR I 3 1,2-59 PC,. ~ ,~ EXECUTIVE SUMMARY APPROVE A RESOLUTION APPOINTING OFFICERS .TO COLLIER COUNTY AGRICULTURE FA1R AND EXPOSITION, INC. BOARD OF DIRECTORS OBJECTIVE: To appoint officers for the Collier County Agricultural Fair & Exposition, Inc. for 1999-00 as voted on by the Fair Board of Directors. CONSIDERATIONS: The Board of County Commissioners adopted Resolution No. 88-52 on March 15, 1988, setting forth a procedure for making recommendations to the Board of County Commissioners for appointments to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors. A nominating committee of five members of the corporation was appointed and canvassed the membership of the corporation to determine who was willing and able to serve on the Board of Directors for 1999-00. The nominating committee submitted its list of recommended nominees, specifying recommended persons for particular positions to the Board of Directors for approval by majority vote of those present and voting. The following slate was approved by a majority vote: Terry Wolfson President Jim Mansberger Vice-President and Security Pat Cookson Secretary John Yonkosky Treasurer Taylor Baker Education Duane Wheeler Civic Toni Horne Attorney Jo Selvia Agriculture FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: THAT THE BOARD OF COUNTY COMMISSIONERS approve the attached Resolution No. 99-_ appointing the 1999-00 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors as approved by a majority vote of those members present and voting at the March, 1999 Board of Directors meeting. Prepared by: ~x~"""C~/} RESOLUTION NO. 99-__ /--- A RESOLUTION APPOINTING OFFICERS FOR THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. FOR 1999-2000 WHEREAS, on July 20, 1976 the Charter and Articles of Incorporation of the Collier County Agricultural Fair and Exposition, Inc. were filed with the Secretary of State; and WHEREAS, the Charter and Articles of Incorporation of the Collier County Agricultural Fair and Exposition, Inc. provide that the officers of the Board of Directors, with the exception of the Immediate Past President, shall be appointed annually by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners on March 15, 1988 adopted Resolution No. 88-52 setting forth the procedures for appointments to the Collier County Fair Board; and WHEREAS. pursuant to Resolution No. 88-52, the Nominating Committee has submitted its list of recommended nominees, specifying recommended persons for particular positions to the Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ""'- COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following individuals are hereby appointed as the 1999-2000 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors: Terry Wolfson President Jim Mansberger Vice-President &Security Pat Cookson Secretary John Yonkosky Treasurer Taylor Baker Education Duane Wheeler Civic Toni Home Attorney Jo Selvia Agriculture This Resoiution adopted this __day of , 1999, after motion. second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and ,~. David C. Weigel ~ County Attorney APR I 3 1999 EXECUTIVE SUMMARY APPROVE AGREEMENTS WITH PERFORMERS FOR JAZZ FESTIVAL. Objective: That the Board of County Commissioners approve the agreements with Tom Scott and Warren Hill for a performance at the second annual Royal Palm Jazz & Arts Festival. Consideration: Tom Scott and Warren Hill will headline the second annual Royal Palm Jazz & Arts Festival on Saturday, May 8,1999. The County will provide the standard arrangements of the music industry while the performers are in town. These terms include living arrangements and meals as well as staff will help with the construction and tear down of the stage. In addition, staff will provide the technical details as outlined in the agreement including such requests as a dressing area and special lighting arrangements. Many area businesses will provide fl~ese amenities through in-kind donations as a saving to the taxpayers. The Board of County Commissioners previously approvcd $25,000 for a Jazz & Arts Festival to be held at Sugden Regional Park. The event will also feature local and regional jazz performers, food and beverages through out the day. Growth Management: None Fiscal Impact: Funds are budgeted in the General Fund in the amount of $25,000. These agreements will cost the County $16,500 due the night of the performance. The remaining funds will be utilized for the technical necessities (stage, lights etc.) totaling approximately $8,500. Recommendation: That the Board of County Commissioners authorize the Chairman to execute said agreements upon final revie~v by the County Attorney. These agreements are available for review at the Parks and Recreation Administrative office, 3300 Santa Barbara Boulevard. Prepared by: (X~C- ~r-~/.//~~~/ Date: 7 /'ohn Dunnuck, Operations Coordinator Department of Parks ~d Recreation Approved by: ~,_ Date: Marla Ramsey, Direct~ Depaament of Parks and Recreation Reviewed %~~~,~ Date: Approved Thomas ~ Olliff, dd~istrator Division of Public Se~ices A~~end .,( APR . ........ EXECUTIVE SUMMARY AUTHORIZE THE COUNTY ATTORNEYS OFFICE TO DRAFT AN ORDINANCE AMENDMENT TO INCREASE THE TOURIST TAX ALLOCATION FOR THE COLLIER COUNTY MUSEUM OBJECTIVE: To provide sufficient funding for the operations of the Collier Count), Museum and the expanded facilities in Everglades City and Immokalee. CONSIDERATIONS: Although final decisions regarding projects such as the Robert's Ranch have yet to be made, the timing for preparing and advertising Ordinance Amendments and the County's Budget schedule dictates that an amendment be prepared now. By directing the Attorney's Office to prepare an amendment, the ordinance can be prepared and advertised and be in a position to be decided as part of the County budget development process. The final ordinance will be presented after decisions regarding the Robert's Ranch proiect. GROXY~TH MANAGEMENT IMPACT: There is no gro~vth management impact associated with this issue as Museums are not included with any of the elements of the plan. FISCAL IMPACT STATEMENT: The current Museum budget is supported through a dedicated 7% of the two cent allocation of the tourist tax, which this year is expected to generate $360,000 of a total $444,000 Museum budget. Additionally, required funding for the Everglades City Museum project for small needed operating capital such as paving of a drivexvay, and exhibit development; grant preparation for $1.2M estimated Robert's Ranch restoration, and the operational funding for the Robert's Ranch property to secure the site, inventor), the equipment and maintain the property and buildings, along with some additional funding for the main Museum to provide better Facility maintenance and finalize the main exhibit hall can all be accomplished through an increased allocation of $150,000 or an increase in the allocation from 7% to 9.9%. All of the funding supplied toward the- Robert's Ranch project will be counted toward local contributions and xvill be eligible for matching State grant funding. Recommendation that the Board of Collier County Commissioners direct the County Attorney's Office to prepare an ordinance amendment increasing the percentage of funding dedicated for the Collier County Museum from 7% to 9.9%. Prepared by: ~h;.~m~.~s..~.~Ci~ Services Administrator APR 13 1999 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT BETWEEN RICCARDO B. RIVAS, Ph.D., P.A. AND COLLIER COUNTY FOR THE MAINTENANCE OF A CRISIS RESPONSE TEAM IN THE EVENT OF A DISASTER OBJECTIVE: That the Board of County Commissioners approve the attached Agreement between Riccardo B. Rivas, Ph.D., P.A. and Collier County for the maintenance of a Crisis Response Team that would provide mental health counseling to the citizens of Collier County following a disaster. CONSIDERATION: Dr. Rivas is the mental health officer who provides training to the Critical Incident Stress Debriefing team members from fire, law enforcement and emergency medical personnel. He has also developed a team of professional mental health counselors that would provide mental health counseling to our citizens after a disaster. The State Department of Community Affairs, in reviewing the current contract, requires indemnification language in the Agreement since costs for his services are paid from a state-funded grant. The current Agreement ,""" expires on September 30, 1999. The attached Agreement was written to become effective on April 1, 1999 and would supersede any previous Agreements. The County has the option to renew this Agreement for an additional three years on a year-to-year basis. FISCAL IMPACT: The cost of this program is $150. per month / $1,800. per year and is budgeted through the Emergency Management Preparedness and Enhancement Trust Fund. The costs will remain at $1,800. per year for as long as the Agreement remains in effect. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement between Riccardo B. Rivas, Ph.D., P.A. and Collier County for the maintenance of a Crisis Response Team for the citizens off~/r County. SUBMITT Date: ,fi' ,v/~/~ ?~ I~n~p~NF. l:/ineau, Emergency Managem/ent Director REVIEWED BY: '~ /a~e~ Date: .: . :. , "" Chief Di lagg, Emergency Services Director APPROVED BY: - 4--~-:-,-' J / z" r l, , ~. ...., r, Date: --' 4 ' Leo Ochs, Jr., Supporl/Services Administrator APR 13 1999 Collier County Government Crisis Response Team Agreement This Agreement made in Naples, Florida by and between Riccardo B. Rivas, Ph.D., P.A. ("Contractor"), and the Board of County Commissioners, on behalf of the Department of Emergency Management, ("County") and supersedes any previous Agreement. 1. The Contractor agrees to provide educational services related to the development, implementation and operation of the Crisis Response team as follows: A. To train and maintain a cadre of mental health professionals who are on call to provide post-disaster services to persons affected by such disaster. B. All services to persons affected by a natural or man-made disaster are to be provided pro-bono. Travel expenses and per diem expenses are usually provided by the requesting agency through FEMA. C. The Contractor will meet monthly with the Community Response Team. Continuing in-service training will be provided. Minutes of these meetings will be sent to the Director of Emergency Management. D. The Contractor is not providing clinical services nor is he responsible for evaluating suitability of any mental health professionals providing services in this program. 2. Cost of Service. A. For above services the County shall pay the Contractor $150.00 per month. B. Additional services beyond the scope of this contract must be pre-authorized in writing by the Director of Emergency Management. 3. Responsibility of Collier County. A. Adapt a policy supporting the Community Response Team. B. To offer our services to communities within Collier County affected by disaster. C. The Community Response Team will take direction from the Director of ~- Emergency Management. The Director shall call the Contractor if the Contractor's services are needed. - 4. Duration and Renewal of Agreement. The Agreement shall prevail for a period from April 1, 1999 through March 31, 2000. The County shall have the option to renew the Agreement for an additional three (3) years on a year-to -year basis provided the Contractor will maintain the same terms and conditions as in the current one-year Agreement. Continuation of the Agreement beyond the initial period is a County prerogative and not a right of the Contractor. This prerogative will be exercised only when such continuation is determined by the Emergency Management Department to be in the best interest of the County. The Emergency Management Director shall notify the Contractor thirty (30) days prior to its expiration date to insure continuity of services. 5. Implementation. April 1, 1999 through March 31, 2000 is the inclusive period of this Agreement. 6. Insurance. Riccardo B. Rivas, Ph.D., P.A. agrees to take and maintain, during the total term of the Agreement (including extensions), professional liability (Psychological Malpractice) insurance coverage in an amount not less than $1,000,000.00 combined single units. Certificates of insurance meeting this requirement shall be forwarded to Collier County Risk Management Department. Renewal certificates shall be sent to Collier County 30 days prior to any expiration date. There shall also be a 30 day notification to Collier County Risk Management Department in the event of cancellation or modification of coverage. 7. Indemnification. Riccardo B. Rivas, Ph.D., P.A., his officers, his agents and his employees through the signing of this Agreement shall indemnify, hold harmless and defend the Florida Department of Community Affairs and Collier County, their agents and employees from all suits and actions, liability, losses, attorney's fees, including appellate attorney's fees, and all costs of litigation and judgments arising out of any act, omission or negligence incidental to performance of the Agreement. 8. This Agreement shall be administered on behalf of the County by the Emergency Management Department. 9. This Agreement is subject to annual budgetary appropriations by the Board of County Commissioners. e R 13 1999 pg. ~'~ IN WITNESS WHEREOF, the Contractor and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year noted below. DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pamela S. Mac'Kie, Chairwoman Date 'cc o . 'vas .... Date ,/ First ~itness Date / . . l x~ Second Witness ~' Date Type / print witness name DWIGHT E. BROCK, CLERK By: (Deputy Clerk) ~" " L;homas Palmet - Assistant County Attorney [ ~._'~/LT?3 ] [ EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULl, FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid xvaste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached resolution list the 1 account that has paid in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: Recording the satisfaction of lien and resolution is approximately $12.00 and will be charged to Department of Revenue - Special Assessments Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENI)ATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the 1991 Solid Waste Collection and Disposal Services Special Assessments. SUBMITTED BY: ' ~*.. ., ~ Date: \ Pa~ Callis~ Revenue Supervisor Depa~ment of Revenue REVIEWED BY: .,//~ {: [~d :~;,.- /" Date: Teresa A. Riesen, Revenue Manager Depamnent of Revenue EVIEWED BY:~:_N~) ': aA~ "' i ~r Date: , APPROVED BY: ~ ' (C"-j)'~':*''C~ZT~ ~'~ Date: Leo Ochs, Jr., Administra~O~ Support Se~ices Djvis~m~ APR I 3 1999 Pg. 2 RESOLUTION NO. 99 - ~ 3 4 ..... ~ A RESOLUTION APPROVING SATISFACTION OF LIEN ,L~ FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL 7 THE 1991 SOUD WASTE COLLECTION AND DISPOSAL s SERVi~CES SPECIAL ASSESSMENTS lo WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board II Of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing 12 the recording of notices of liens for the delinquent solid waste collection and disposal 13 services special assessments for 1991; and t4 WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official 15 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, 16 Florida, which placed a lien on certain properties for the delinquent solid waste collection ~7 and disposal services special assessments for 1991; and Is WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to ~9 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 2o accounts that have been paid in full. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 23 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 24 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the 25 following account numbered below, subsequent to the adoption of Resolution No. 93-29, 26 whereupon a lien had been recorded on real property pertaining to the account identified 27 herein. The Satisfaction of Lien attached hereto referencing the account identified herein 28 are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the 29 Board of County. Commissioners, and the Clerk is directed to record this Resolution and 30 this Satisfaction of Lien individually in the official records of Collier County: 31 32 Account No. 023304 33 34 35 This Resolution adopted this __ day of ., 1999 after motion, 36 second and majority vote. 37 38 ATTEST: BOARD OF COUNTY COMMISSIONERS 39 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 40 41 BY: 42 PAMELA S. MAC'KIE, CHAIRWOMAN 43 44 Approved as to form and 45 legal sufficiency: 49 APR 13 1999 EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1994 SOI-JD WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisf~ :~fLiens shall be approved by Resolution of the Board of County Commissioners. The attached resolution list the 6 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $ 42.00 and will be charged to Department of Revenue - Special Assessments Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 6 Satisfactions of Liens for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Pare Cal!.is~'Revenue Supervisor Dep~.rmient of Revenue Date: 'Tereia A. Riesen, Revenue Manager Department of Revenue B j'6h~,~. 'Y onk;sky,' Cire~: ~ '~Depa~mt APPROVED BY:' ~.-,:'*L .... ~" Date: Leo Ochs, Jr., Administrator Support Se~ices DiVision no I RESOLUTION NO. 99- 2 3 4 A RESOLUTION APPROVING SATISFACTION OF LIENS 5 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 6 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES ? SPECIAL ASSESSMENTS. 8 9 WHEREAS. pursuant to Collier County Ordinance No. 90-30, as amended, the Board of 10 County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the ]1 recording of notices of liens for the delinquent solid waste collection and disposal services special ]2 assessments for 1994; and ]3 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 14 approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that 15 have been paid in full. 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS l? OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as 18 amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste ]9 Collection and Disposal Special Assessment for the following accounts numbered below, 20 subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real 21 property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto ..---. 22 referencing the accounts identified herein are hereby approved and the Chairwoman is hereby 23 authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to 24 record this Resolution and these Satisfactions of Lien individually in the official records of COllier 25 County: 26 27 Account No. 1203 28 Account No. 1216 29 Account No, 4174 30 Account No. 5924 31 Account No. 12344 32 Account No. 17161 33 34 This Resolution adopted this day of , 1999 after motion, second and 35 majority vote. 36 37 38 ATTEST: BOARD OF COUNTY COMMISSIONERS 39 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 40 41 42 BY: 43 PAMELA S. MAC'KIE, CHAIRWOMAN 44 Approved as to form and 45 ~%y: 46 48 ' ' t/' ' :---- ~ , APR 13 1999 EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOL~NTS ~'HEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached resolution list the 3 accounts that have paid in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $24.00 and will be charged to Department of Revenue - Special Assessments Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Lien for the 1993 Solid Waste Collection and Disposal Services Special Assessments. pam'~all!~;Revenu~upervisor ' REVIEWED T~sa A. Riesen, Revenue Manager Date: Department of Revenue ~ep~ent o~~' " Leo Ochs, Jr,, Administrator Support Se~ices Di~.~iOn ] .~~ } APR 13 199S , 1 RESOLUTION NO. 99- 2 3 4 ,5 A RESOLUTION APPROVING SATISFACTION OF LIENS 6 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL ? THE ~993 SOLID WASTE COLLECTION AND DISPOSAL 8 SERVICES SPECIAL ASSESSMENTS 9 lO l~ WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of 12 County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the ].3 recording of notices of liens for the delinquent solid waste collection and disposal services special 14 assessments for 1993; and 15 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 16 approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that 17 have been paid in full. 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 19 OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No, 90-30, as 2o amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste 2! Collection and Disposal Special Assessment for the following accounts numbered below, 22 subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real 23 property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto 24 referencing the accounts identified herein are hereby approved and the Chairwoman is hereby 25 authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to 26 record this Resolution and these Satisfactions of Lien individually in the official records of Collier 27 County: 28 29 Account No. 1054 30 Account No. 10977 ' 31 Account No. 21458 32 33 34 35 This Resolution adopted this __ day of , 1999 after motion, second and 36 majority vote. 31 38 ATTEST: BOARD OF COUNTY COMMISSIONERS 39 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 40 41 42 BY: 43 PAMELA S. MAC'KIE, CHAIRWOMAN 44 45 Approved as to form and 46 legal sufficiency: 4, 49 APR 13 1999 p,. EXECUTIVE SUMMARY LOCAL MITIGATION STRATEGY CONTRACT MODIFICATION BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY OBJECTIVE: That the Board of County Commissioners approve and sign the attached contract modification #2 for Agreement #98-LM-44-0921-01-011. CONSIDERATION: On April 28, 1998, the Board of County Commissioners entered into an agreement with the Department of Community Affairs for the development of a unified local mitigation strategy for Collier County and its three municipalities. On July 28, 1998, the Board signed Modification #1 of the Agreement that allowed Collier County to extend the first deliverable due date to October 31, 1998. Collier County has satisfied this requirement. The attached Modification #2 to the Agreement combines the third and fourth deliverable due "" dates as August 31, 1999. This modification is necessary because of software problems encountered by the Department of Community Affairs. FISCAL I1MPACT: None GROWTH MANAGEMENT IMPACT: None RECOM~IENDATION: That the Board of County Commissioners approve the attached Modification #2 to the Agreement extending the date for the third contract deliverables to August ~u, Emergency Managemen~fDirector ~PRO~D BY: .... / ..... ~ ~.. Date: ~ :~Z,..,/' ~ Leo Ochs, Jr., Suppph Se~ices Administrator APR 1 1999 Agreement #: 98-LM-4H-0921-01-011 MODIFICATION # 2 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, Collier County (hereinafter "the Contractor") and the Department of Community Affairs (hereinafter "the Department") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of Local Mitigation Strategies and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard M~:igation Strategy; and WHEREAS, based upon the delay in the Depamnent's provision of The Arbiter of Storms (TAOS) computer modeling data to the Contractor, the parties desire to modify said Agreement to revise the third period deliverable due dates. NOW, THEREFORE, the above-referenced agreement is modified as follows: In Attachment A, all references to Third Contract Period deliverable due dates are hereby amended to reflect that the terms of the Third Contract Period commence on the date of execution and terminate August 31, 1999. In Attachment A, Items A.1 .a and A.1 .b of the Third Contract Period are amended to reflect that the Department will provide these items to the Contractor by April 30, 1999. All other provisions of the Agreement not inconsistent with this Modification #2 remain in full force and effect. APR 1 1999 IN WITNESS WHEREOF, the parties hereto have caused this Modification #2 to be executed by their duly authorized officials as of the date below. FOR THE DEPARTMENT: FOR THE COUNTY: STATE OF FLORIDA DEPARTMENT OF COLLIER COUNTY COMMUNITY AFFAIRS: BY: BY: Authorized County Official Authorized Department Official Pamela S. Mac'Kie, Chairwoman Douglas P. Buck, Division Director Board of County Commissioners Housing & Community Development Name/Title Name/Title Date: Date: __59~6000558 Catalog of Federal Domestic Assistance Federal Employer ID Number Number: 83,516 DWIGHT E. BROCK, CLERK BY: (Deputy Clerk) Thomas C. Palmer Assistant County Attorney APR 13 1999 Pg... ~ ~---, EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR HANDICAP IMPROVENIENTS AT THE MAIN COURTHOUSE. OBJECTIVE: To approve a budget amendment for handicap improvements at the Main Courthouse. CONSIDERATIONS: Court Administration has requested special handicap improvements at the Main Courthouse for one of the County judges. The request is for a wheelchair lift and handrails as follows: Wheelchair Lift (includes chair lift Concord Model 48, removing existing concrete wall, pour new wall. provide electric, repair stucco, paint.) ($17,302) Handrails (FI 2) (handrail 108 lineal feet) ($3,205) FISCAL IMPACT: Handicap improvements are budgeted in Misc. Florida States ,..._,, Americans with Disabilities Act Improvements, Fund 190. The necessary funding for this project is $20,507 and is available by recognizing and appropriating $9,426 in carry forward revenue. The balance of $11,081 will come from reducing the projects reserve for capital outlay. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the installation of a wheelchair lift and handrail at the Main Courthouse as described and the associated budget amendment. Prepared By:.. ~F¢'?~'.~'72 27 Date: Skip Camp, CFM, Director The Department of Facilities Management Approved By: -~ ~" Date: .,~-.; -~*,~', Leo E. Ochs, Jr., Adinihistrator Support Services Diyision EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Authorization to execute satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the satisfaction of lien is approximately $84.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count3, Commissioners authorize the Chairwoman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Pa~ Callis, Revenue Supe~isor Dep~am nt of Revenue REVIEWrED BY: /,7 ~'.( ,~ {i~ Date: , fl/~ ~ t/''7~ ~ Depa!ent of Rev~ ................. ) APPROVED BY: X Date: Leo Ochs, Administrator Support Seaices PR I 3 1999 g EXHIBIT "A" 1. Maria Luisa Lutteroth, c/o Salvador Lutteroth, Folio #56879360006, Lot 26, Block 109 of Marco Beach Unit Three, a Subdivision 2. Maria Luisa Lutteroth, c/o Salvador Lutteroth, Folio #56879360006, Lot 26, Block 109 of Marco Beach, Unit Three, A Subdivision 3. Leonard J. Bubri & Nicholas Karalis, Folio//57740520000, Lot 15, Block 283 of Marco Beach Unit Eight, a Subdivision 4. Leonard J. Bubri & Nicholas Karalis, Folio #57740520000, Lot 15, Block 283 of Marco Beach Unit Eight, a Subdivision 5. Chester Augustine ET UX, Folio #57646080000, Lot 9 Block 178 of Marco Beach Unit Seven, a Subdivision 6. Dalanda McAuley, Folio #56937000004, Lot !, Block 121, Marco Beach Unit Four, a Subdivision 7. Leonard J. Bubri & Nicholas Karalis, Folio #57740520000, Lot 15, Block 283 of Marco Beach Unit Eight, a Subdivision 8. Vane EST, Irene P. Sockalowski, Folio #64261720000, Lot 18 and the West One-Half(W1/2) of Lot 19, Block E, North Naples Highlands, with all improvements thereon including a 40 foot TV Tower, Gas Space Heater, Hot Water Heater and Electric Range. 9.Gary L. & Nancy C. Seward, Folio//56792000003, Lot 17, Block 50, Marco Beach, Unit Two, a Subdivision 10. David A. Eldridge, Folio #36306040000, Lots 25, Block 189, Unit 6 Part - Golden Gate 11. David A. Eldridge, Folio #36306040000, Lots 25, Block 189 Unit 6 Part - - Golden Gate 12.Leonard Wisniewski, Folio #36306040000, Golden Gate Unit 6, Blk 189, Lot 25 Collier County, Florida 13. Guy J Iarussi ET UX, Folio #55700080003, All of Linda Park, Except Lots 38, 39, 40, 42, 43 and 44, a Subdivision of Lot 51 of Naples Grove and Truck Co's Little Farms No. 2, Less State Road Right-of-Way 14. Andi Pearson and Carol Irving, Folio #57648760001, Lot 6, Block 184 of Marco Beach Unit Seven, a Subdivision APR 13 1999 PO..... :- - EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A CERTAIN RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIEN IS SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Lien for a certain residential account where the County has received payment in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90~30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached resolution list the 1 account that has paid in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens, FISCAL IMPACT: Recording the satisfaction of lien and resolution is approximately $12,00 and will be charged to Department of Revenue - Special Assessments Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Pam Callis, Revenue Supervisor Department of Revenue REVIEWED BY: ///(;X ,~ ," Date: T A. Riese Revenue Manager REVIEWED BY: ~ , , 'D ,' Date: _~) ( John A. YOnkosky, D~ector Department of R~ffU'6'- APPROVED BY: "~ :' ': "~ Date: ~ , . Leo 'Ochs,'~r.", Administrator Suppo~ Services Division APR 13 1999 ' ] 2 s RESOLUTION NO, 99 - 4 5 A RESOLUTION APPROVING SATISFACTION OF LIEN 6 FOR A CERTAIN ACCOUNT THAT HAS PAID IN .FULL THE 7 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES s SPECIAL ASSESSMENT lo WHEREAS, pursuant to Collier County Ordinance NO. 90-30, as amended, the 11 Board of County Commissioners on September 19, 1994 adopted Resolution No. 12 94-668 authorizing the recording of notices of liens for the delinquent solid waste 13 collection and disposal services special assessments for 1992; and 14 WHEREAS, Collier County Ordinance NO. 90-30, as amended, requires the Board 15 to approve by Resolution and record in the Official Records a Satisfaction of Lien on ~6 all accounts that have been paid in full. t7 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 18 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as 19 amended, the Board recognizes full payment and receipt of the 1992 Service Year 20 Solid Waste Collection and Disposal Special Assessment for the following account 21 numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon 22 a lien had been recorded on real property pertaining to the account identified "' 23 herein. The Satisfaction of Lien attached hereto referencing the account identified 24 herein is hereby approved and the Chairwoman is hereby authorized to sign on 25 behalf of the Board of County Commissioners, and the Clerk is directed to record 26 this Resolution and this Satisfaction of Lien individually in the official records of 27 Collier County: 28 29 ACCOUnt NO. 107259 30 3] 32 This Resolution adopted this day of , 1999 33 after motion, second and majority vote. 34 35 ATTEST: BOARD OF COUNTY COMMISSIONERS 36 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 37 38 39 BY: 4O PAMELA S. MAC'KIE, CHAIRWOMAN 4~ 42 43 Approved as to form and 44 legal surf' iency: APR 13 1999 Pg' ~7,," EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February I, 1993 in Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached resolution list the 3 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. ~" FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $ 24.00 and will be charged ~o Department of Revenue - Special Assessments Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfactions of Liens for the 1994 Solid Waste Collection and Disposal Services Special Assessments. SUBMITTED BY: '~3' Date: am Calli,s,,Revenff~ Supervisor Departm6nt of Revenue /// / : /-' REVIEWED BY: , "~ t/~, :~-~ Date: Teresa A. Riesen, Revenue Manager ~ ,-- Date: ~3 Z.-% ' ' ) "'/ APPROV~D BY: ~::"~: ~" ' ~ ': '- Date: ~- .... Leo Ochs, Jr., Adm ini'strator Suppo~ Se~ices Division ........ / ] RESOLUTION NO. 99- 2 3 ...... 4 A RESOLUTION APPROVING SATISFACTION OF LIENS 5 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 6 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES ? SPECIAL ASSESSMENTS. 9 WHEREAS, pursuant to Collier County Ordinance No. 90-30. as amended, the Board of ]0 County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the !. ] recording of notices of liens for the delinquent solid waste collection and disposal services special ]2 assessments for 1994; and ~.3 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to ]4 approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that ]5 have been paid in full. ]6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS ]? OF COLLIER COUNTY, FLORIDA, that pursuant to Collier C .... v Ordinance No. 90-30, as 18 amended, the Board recognizes full payment and receipt of t,~ Service Year Solid Waste ]9 Collection and Disposal. Special Assessment for the following accounts numbered below, 20 subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real 2] property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto _-_ 22 referencing the accounts identified herein are hereby approved and the Chairwoman is hereby 23 authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to 24 record this Resolution and these Satisfactions of Lien individually in the official records of Collier 25 County: 26 27 Account No. 9548 28 Account No. 20365 29 Account No. 21115 30 31 32 This Resolution adopted this day of , 1999 after motion, second and 33 majority vote. 34 35 36 ATTEST: BOARD OF COUNTY COMMISSIONERS 37 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 38 39 40 BY: 4] PAMELA S. MAC'KIE, CHAIRWOMAN 42 Approved as to form and 43 '~~y: 46 ~" 47 r-- A~ENOA ITECI~z APR 13 1999 po EXECUTIVE SUMMARY AWARD QUOTES TO THREE (3) VENDORS FOR TELEMETRY SERVICE IN EXCESS OF THE $25,000 BID LIMIT. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District award quotes to three (3) vendors in excess of $25,000 during interim RFP process. CONSIDERATIONS: The contract for telemetry services expired on December 18, 1998. On October 26, 1998 the Purchasing Department published and distributed bid packages to 50 vendors for Telemetry Repairs and Services (Bid #98-2881 ). The bid opening was held on November 18, 1998, with five (5) bidders submitting. Bids for #98- 2881 were rejected by the Board on January 12, 1999, due to confusion regarding a requirement for the vendor to be responsive to emergency calls. On February 3, 1999 the Purchasing Department published and distributed Request for Proposal packages to 26 vendors for an Annual Contract for Telemetry Services (RFP #99-2209). The proposals were due on March 5, 1999 with three (3) bidders submitting proposals. The selection committee is currently evaluating the proposals received and checking references. The selection committee will reach a decision regarding recommendation for award within two weeks. After award by the Board, contracts will need to be processed; this takes approximately three (3) to four (4) weeks. During the time between January 12, 1999 to present, the Water and Wastewater Departments have been using vendors after obtaining written quotes. These departments have now reached the $25,000 maximum for using quotes. Quotes received were: Wilkins, Malcolm & Associates, Inc. Consolidated Power Services, Inc. Data Flow Systems, Inc. Staff recommends award of quotes to the three (3) vendors listed above in excess of $25,000 during interim RFP process. FISCAL IMPACT: Funding for telemetry services are appropriated within the Water and Wastewater Department budgets. GROWTH MANAGEMENT IMPACT: None. APR 13 1999 EXECUTIVE SUMMARY PAGE TWO RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District award quotes to Consolidated Power Services, Inc., WiIkins, Malcolm & Associates, Inc. and Data Flow Systems, Inc. in excess of $25,000 dur,ng interim RFP process. SUBMITTED BY::'", ,- ~ '~-' '-{~': '!' . ;.. c. ~..., DATE: Rhonda L. Snell, Buyer l REVIEWED BY: . ~- ~.;? "-~,':- ' / DATE: ~ ~ Stephen Y. Carnell, Purchasing/General Seaices Director '/~ ~/~~ '~' DATE: REVIEWED BY: ' ~ 7~: ' Paul Mattausch, Water Director / DATE:~ REVIEWED BY: " / Edward'N. Fi~lnterim Wastewater Director REVIEWED BY: ~ - d '~' {:,. - , DATE: ~/' Leo E. Ochs, Suppo~ ~es Administrator //' APR 13 1999 pg. ~, --.::-}: :.-,::: :. .... - - '- ' W1ZL~S, YaALCOLM: & ASSOCIATES, I~c. 6el Te,m~ S~r~e~ ~.~. · } s.-.-_ CONTROLS - TELEMETRY - INSTRLrMENTATION Naples, H. 34120 :.' ..........SALES &SERVICE Phone 941-353-119I --. Fax 941-353--0994 January 19, 1999 Mr. Jim Foster Collier County Public Works 3301 East TaEiami Trail, Bldg. H Naples, Florida 34112 Subject: Pricing for Totemerry Repairs & Services. Dear Mr. Foster; A~ per Robb's requesT, the following is a list cf our bid (#98-2881] prices for Telemetry Repairs & Services. RATES: Per hour .................................................................. Time and half over 8 hours ................................................. Travel expenses ......... $.40 per m~!e x 30mi. tl~ical per visit ccsz ............................................... S12.00 Parts percentage over invoice ................................................. In lieu cf a contract we will continue tc hcnor these prices for the nexz 45 days. APR 13 1999 10:59 FAX 9417753310 [a]02 CONSOHDATED PO~R SER~CES, INC. :.:~::~'~-"': 5~11 TIMU~U~A RD. SUrFE ~JACKSO~~ FL 322 10 facsimile TRANSMITTAL h~: ~ [ ], indu~ni ~s cover ~ APR 1 ? 1999 Mr. Jim Foster Collier County Government 3301 East Tarniami Trail Naples, FL 34112 Re: Quotation for Tslemetry Repairs and Maintenance Dear Mr. Foster: Data Flow Systems, inc. (DFS) is pleased to offer Collier County Gove.mment a quotation for Telernetry Repairs and Maintenance. DFS is currently Florida's leader in successfully implementing telemetry based water and wastewater monitor-control systems. A substantial portion of this record is attributable to over a decade of experience providing and servicing telem,-Lry systems to both pub~ and private water utilities. At the present time, thee are over sixty (60) DFS TAC II Telemetry Systems in Florida that DFS has or cun'ently en~gages in service and repair. In addilion, DFS possesses a highly qualified end knowledgeable staff of management and techntcal resources, with an operational awareness cf the technical and administrative issues associated with water production and wastewater collections management. We believe that this experience offers your utility a superior service opportunity. Should you have any questions or comments, please feel free to give me a cell. Sincerely, g~ (tIc. David S. Walker Jr. Sales Manager ~ro~iI~r~tue~9012t dec one page to follow s AGE I TEN Dam FIov, S)ste,~s, Zcc. ¢ 6S9 Eros Oalle Blvd · Mr, lboan',c, Florida 3:Z93~ · rd.-(4o'r) 2~9-:r~39 · FA.X(40?'I2.cg Ol)6No. ~ APR 13 1999 EXECUTIVE SUMMARY CONTRACT BETWEEN COLLIER COUNTY AND THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL FOR HAZARDS VULNERABILITY AND CRITICAL FACILITIES MAPPING OBJECTIVE: That the Board of County Commissioners approve the attached contract between Collier County and the Southwest Florida Regional Planning Council (SWFRPC) for Geographic Information System (GIS) mapping of Collier County's critical facilities and areas of hazards vulnerability. The project is pan of the Local Mitigation Strategy development. CONSIDERATION: On April 28, 1998, Collier County entered into an agreement with the Florida Department of Community Affairs for the development of a Local Mitigation Strategy for Collier County and its municipalities. A vital task in the Scope of Work is the mapping of critical facilities within the county. All work must be completed prior to August 31, 1999. Since Collier County does not at this time have the GIS mapping ,-"'- capability to meet the due date, the SWFRPC has agreed to provide this service under the attached contract. FISCAL IMPACT: $7,500. Fund are budgeted and are available as part of the Local Mitigation Strategy Grant Agreement. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached contract between Collier County and the Southwest Florida Regional Planning Council. SUBMITTED ~ Date: K~nl.p. gh F. Pineau, Emergency ManagemZ tt~Director ~PRO~D BY: . 'S Leo O~hs, ~ Semi dmis~a~ ; / CONTRACT BETWEEN COLLIER COUNTY AND SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL FOR LOCAL MITIGATION STRATEGY (LMS) HAZARD VULNERABILITY AND CRITICAL ~ ACILITIES MAPPING I. Purpose On April 28, 1998, Collier County entered into an agreement with the Florida Department of Community Affairs for the development of a Local Mitigation Strategy for Collier County and its municipalities. A vital task in the Scope of Work is the mapping of critical facilities within Collier County and the identification of areas of vulnerability. This work must be completed prior to July 31, 1999 in order to submit all work products to the Department of Community Affairs by August 31, 1999. This contract between Collier County and the Southwest Florida Regional Planning Council authorizes the Council staff to assist Collier County in its responsibilities for the development and completion of hazard vulnerability and critical facilities mapping necessary to met the County's Local Mitigation Strategy (LMS) contract requirements between the County and the Department of Community Affairs (DCA). II. Council Responsibilities Complete the following tasks. 1. Locate all critical facilities in GIS format (including latitude and longitude coordinates). 2. Provide the following back and white maps by Collier County Planning Zones: a. maps showing the 100-year floodplain, b. maps showing the Tropical Storm through Category 3 Hurricane Storm Surge Zones, c. maps showing the Coastal Construction Control'Line (CCCL), d. maps showing all critical facilities using appropriate symbols to identify theses facilities. III. County Responsibilities 1. Make available all pertinent data, resources, and other necessary information and personnel to Council Staff for completion of this project. 2. Respond in a timely manner to Council staff request for review and comment on draft maps, and other items. IX. Expiration This agreement will expire after the subject tasks are completed and the Southwest Florida Regional Planning Council has received payment from the County. In witness whereof, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. By: Date: Wayne A. Daltry, Executive Director Southwest Florida Regional Planning Council By: Date: Pamela S. Mac'Kie, Chairwoman Collier County Board of County Commissioners ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved as to Form and Legal Sufficiency: Thomasl(5 Palmer, Assistant County Attorney APR 13 1999 pg., '~ EXECUTIVE SUMMARY APPROVE THE PURCHASE OF AN E-ONE 1998 NAVISTAR CLASS "A" PUMPER OBJECTIVE: Request approval by the Board of County Commissioners to authorize the Chairman to sign the Lease Purchase Agreement with E-One leasing for the acquisition of a 1997 Navistar 4900 4 door Class "A" Pumper in the amount of $145,470.00. CONSIDERATION: The purchase of this Class "A" Pumper is to replace a 1974 Ford Pumper sold at auction March 1998 as unsalvageable. This pumper is needed to maintain the current ISO Rating recently achieved by the Ochopee Fire Control District. The ISO Rating resulted in substantial decreases in homeowner and commercial insurance rates for the Ochopee Fire Control District. The cost of this equipment is $145,470.00. This will be purchased through an eight year lease purchase at an interest rate of 5.09% to be paid on a monthly basis. The total of all payments including interest will be $177,396.48. FISCAL IMPACT: To enter into a Lease Purchase agreement in the amount of $145,470.00 at 5.09% to be made in monthly payments of $1,847.68 for 8 years. The annual cost to enter this lease purchase is $22,174.56 which will be paid out of the Ochopee Fire Control Distfict's operating budget. Monthly payments will begin 30 days ""' after the delivery of the vehicle. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners authorize the Chairman to sign the Lease Purchase Agreement with E-One Leasing for the acquisition PREPARED BY: ~'(L~ ~J~- DATE: PaulWilson, F~re Di~agg, Chief Emergency Se~ices Depa~ment 7 ~ Steve C~ell, Director Purchasing Department ~VIE~ BY: ,, . ~i:~?/~ '~ ~-77:,57'f Suppoa Se~ices Division APR 13 1999 Pg.-~ For Completion By Lessor Lease No. 3115-001 Lessor: Emergency One, Inc. 1415 West 22~d Street Suite 1100 Oak Brook, IL 60523 Lessee: Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact: Paul Wilson, Commander Phone: (941) 695-4114 QUANTI"I~' EQUIPMENT DESCRIPTION (Include Make, Model Serial No and a~l Attachments) 1 One (1) Emergency One American Eagle Pureper Fire Apparatus Mounted on a 1998 International Chassis Lease Term .~Total Equipment Cos~ Rent Due (Period) ~ No./Amount of Rental Payments Eight (8) Years $ 145,470.00 Monthly in arrears see pavmen~ schedule attached herera and made a pan hereof {" Payment Schedule") ACCEPTANCE CERTIFICATE The undersigned, as Lessee under the Municipal Lease and Option Agreement (the "Agreement") referred to above, acknowledges receipt in good condition of all of the Equipment above described as of the date set forth below (the "Commencement Date") and certifies that Lessor has fully and satisfactorily performed all of its covenants and obligations required under the Agreement. Lessee hereby certifies that the description of the personal property set forth above constitutes an accurate description of the "Equipment" and further certifies that the location of the Equipment is as stated above unless otherwise indicated below. Lessee unconditionally accepts the Equipment for all purposes of the Agreement as of the Commencement Date and agees that it will commence payments in accordance with Article V of the Agreement. Al~eove~. ~ t'~ fc;:'m & Iog~.L s ..... ,.' Comencement Date ~sh~ea~ eount~ At~ e~ Board of Coun~ Co~ssioners (Lessee) A~EST: ~I~HT E. BROW, CL[P~ By: ] .... ~ , ~ Title: LESSEE: PLEASE ~TA~ THIS PAGE, ~ NECESSARY, FOR EECU~ON ~ON A EQU~ A~ THEN E~ S~E TO LESSOR. QCOLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Heidi F. Ashton Naples, Florida 34112-4902 Rarniro Maaalich Telephone: (941)774-8400 Thomas C. Palmer FAX: (941) 774-0225 Michael W. Peltit Email: attorney@naples.net Marjorie M. Student Melissa A. Vasquez Rodhey C, Wade Robed N. Zachary February 4, 1999 Emergency One, Inc. c/o Federal Signal Leasing 115 W. 22nd St., Suite 1100 Oak Brook, IL 60523 Re: Municipal Lease and Option Agreement//M-3115 (the "Agreement") Gentlemen: As counsel for the Ochopee Fire Control District (Lessee), I have examined the above- referenced original Agreement between Lessee and Emergency One, Inc. (Lessor), and the proceedings taken by Lessee to authorize and execute the Agreement. Based upon such examination of law and fact as I have deemed necessary or appropriate, I am of the opinion that: 1. Lessee is a public body, corporate and politic, duly organized, legally existing under the laws of the State of Florida. 2. The Agreement has been duly authorized, executed and delivered by Lessee pursuant to constitutional, statutory and/or home rule provision which authorized this transaction in accordance with its terms and conditions. 3. The Agreement is a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms. In the event the Lessor obtains judgment against Lessee in money damages, as a result of an event of default under the Agreement, Lessee will be obligated to pay such judgment. ' APR 13 t999 pg. Emergency One, Inc. February 4, 1999 Page Two 4. No litigation is pending or, to the best of my knowledge, threatened in any court or other tribunal, state or federal, in any way questioning or affecting the validity of the resolution or the Agreement. Sincerely, Robert N. Zachary Assistant County Attorney RNZ/cc cc: David C. Weigel, County Attorney h:public/Robert/Agreements/Emergency One APR 13 1999 ]~]5 Y, 22ad S~eeE~ Su~e it00 Rental Commencement Date: Oak Brook~ IL 60521 ESSEE: , -- ' VENDOR: .,:, ' .., ;ity ~ _3ou~¥y :" SI,Ie__FL' Zlp~t~ CIty LSlate. Zip ;onlact and Title: . - , Contact and TItle; 'slaphone No. Telephone No.'. ' ....... '" ......... ITEM QUANTITY"' EQUIPMENT DESCRIPTION {Include Make. Model. Serial No. and all Attachmenta) . .OCATION OF EQUIPMENT IE OTHER THAN ABOVE ADDRESS OF LESSEE. ~ddress: CRy County 8late LEASE TERM i TOTAL EQUIPMENT COST I RENT DUE IPedod) . · -[; NOJAMOUNT OF RENTAL PAYMENTS _ ~ ~uarlerly : : ~ ...... amen c e DIe". :. , FLORIDA MUNICIPAL LEASE AND OPTION AGREEMENT, .:.' - . Lessor hereby leases to Lessee the bqulmment for the purposes and ~pon ~he ~ollowin9 ierms and conditions: under lhe Constitution end laws ol the Stale end under Ilia letins and .provisions olIhen In ellecl of Lessee'~ Intention I0 terminate Ibis Agreemeal purluanl Io Adicle V procedures have occurraG m order to ensHro the enforcoablhly of this Agreolnont ' ' ' ' Lessee consistent wllh [he permis~ibie scope of Leaseo's atdhonty and w~ll no~'~oARTICLE V; RENT PAYMENTS. O. Dudng ~e pedod this Agreemeal Is In force, L~ will annuahy provide LessorLessee understand and Intend thai Ihe obligation of Lessee to p~y Real Paymeals wllh curreal financial slatemeals, budgall, proot of approprlallon for Ihe en~ulng, he~eunder shell conslltnte a current expense of Lessee end shall not lllcal year end such other Ilnanclal inlormellon relalln9 to~tlm ability of Lo3soo Ioconslruod Io boa dobl of Los~e~ In conl~avenllo~'oVany'appllceble conslilutlonal conllnue Ibis Agreement as may be reasonably requesled by Les3or:' ~t~lulo~ Itmllellons"or re~ulrgmenls conc~;nlng Ihe' creelion ol Indeble~nes3 E. The Equipmeal Is, end shall remain during the period Ibis Agroement IS In larea.Lo3seo, nor ~hall an~lhln~ :contained .here'l9' constitute ~ pledge of Ihe general personal property and when sublec~ to use by Lessca under this Agfe9mo~l. will natrevonuaE. lunds or monies ol Lessee:lNellher the L~ssee, the llate of Florida, nor an; be or become fixlures.'. political s,bdivielon Ihqr~al shall be obligated to pay ~ny sums due to Lessor here , under IrO~ AD VALOREM taxer ARTICLE Ih DEFINITIONS. The lollowing lotre9 will ha~e Ibo monalaDs IndicalDd, Section 5.02.Poyme~n~ 'ol Rent PuymBnll. ,LeeCoo shall pay Rent Payment3, e~clusivol, '"Leiso~ means the enllly deslgnaled on Iho lace ol Ibis Aereomonl as LEsSor horo-or Rm lllghosl tale pu~mltlod by law. w~iJ~heve/ 13 le~., No w hs andjag any olhc under. provision ol Ibis agreempnt and. under any and'all ~lrcumslances, Lpssee is oblige "Purchase Price" means Ihe amount which Lessee may, al lie option, pay Io Lessor InIo pay inleresl Io Lessor on Ih~ p~[Fl~ase price {remaining balance) a~ Ihe per order Io purchase Ihe Equipmeal, as sol forth ln'lhe Paymoat Schedule atlachod Io'rate s~ecihed In Ibis agreement for each ~ay Ihis agreemenl remains in ellect. All sucl Ihis Agreement, subJecl Io Iho terms ol Arli~le Ix. ' '" ' unp~(d. Into'roar 'shall.be duo Im'modlat~ly upon' lerml~allon Of lhl~ lease.. "Renewa~ T~m(s)" means the aulomslic renewal periods ol. I~ls Agreomenl. eachSe~l~~ b~ Un~~b~inn having a duration of on~ (D y~a{ c~-termjnou5 with Lessee'S fisq~l'.yea'r except theti~e~,i ......~ ~f Den % -.~. . Commencement Date. The terms and condi.~ioq~ during any,~onewal Term shall boJz~h ;~.ma~s ..;,c,. ~= .n~l~ any s,ch ~RymPmt, the same as the terms and conditions durln9 tho odainal Torm. except thai the Ront~l~,,l~t Rr~O~QE~~fiyt~or nr =~ha~ THIS AGREEMEN ERMS AND C~NDITION'.~ I'HIN I'IEI] AB()VI~ AHI) ~-:l~[~l~ '~IB~'fi~F~'X~'~AWE A P~r4'r HEREOl Title: Title: TERMS AND CONDITIONS Section 5. g4 Continualion of Lease Term by Lessee. Lessee intends to continue theARTICLE X: ASSIGNMENT; SUBLEASING; AND' INDEMNIFICATION.. Lease Term through the Odglnal Term and all el the Renewal Terms and Io pay IheSection 10.01 Assignment by Leal~or Ths Agreementrend the ob ga one o Lessee Rent Paymania hereunder. Lessee reasonably believes tha~t i~gelly available funds ofto make payments hereunder. are not assignable, ~alable, or IrOnsfeeble by Le~or, an amount sufficlenl to make all Rent Payments during the Original Term and each-In whole or in pa~ Any tranaler, asia:,: ~r'~sslgnm~ el this ~gmemenl Io any other Renewal Te~ can be obtained. Lessee ~er intends to do all Ihlngs lawfully withinpa~y witl render Ihll contracl void. I~luding making pmvldon for such Nymenls to the exlenl nece~W In each biannualthe Interest el Lessee In the Equipment ma~ot be lo~d..us~gne~ or encumMred of stale law, to have Such peRIon of ~e budgel approved, and to oxhausl all availableSm~n ~.~.,,..;;;~:;.,. lot the payment of,the Real Payments required to ~ paid In Ihe 'ne~t occdtdng R~. - other sources. Ihon Lessee may terrainale Ihl8 Agr~monl al the end Of Iho OriginalARTICLE lit' EVENT9 OF Term or Ih.n curroni, poneWa Term, .~ L.ss~ shall ,el be abllgaled Io m.ke p,y- ~leull Dellned The log wIp~ ,!h~l ~pnlt~ menl at Ihe Rent Payments provided ~ In this Agreemeal beyond Ih8 Original Term notice to Lesso(.o~ qU~hter~ q~ ,Ion-at le~s 'n ~e~y.XgO) ~ays prior, to ~e end of the'Bj Failure' by E~'ss'e~ l0 'obsess ~nd ~edorm any other o~vanant, condition or Original Term or the then current Renewal Term. II lhi$ Agreement is terminated under this Section 5.05, Leash agrees, at Lessee'a cost and expense, peaCeable'and~greemenl on'ltw pid to ~'obse~ed or pe~o~ad,. other than for i period of thirty tmm~lately Io Voluntarily deliver the Equipment to Lessor at the location apecllled(30) gays after WdRen nogce to Lessee, .~cl~lng puch f~ilure and requesting that meat, Lesso~ may lue lot the unpaid balance and compensato~ damages and can~~ithln Ihe applicable perlo~ and dlllge~tl~ ~u~ued ~'ntll Ihe default is correcled; or In Lessee, sub act to the rights of ~ssot ~ndor thii Agreemen. n the ~ent o( de au tcentoiling Ihq p~erlal a!l~gatlons ~1 a .petl~o~ filed ~g~tr~essee iR any such is sst Iodh in Section 11.01 o( nonappropriation as'ie~ Iodhln Secgon 5.05; lig~ I~"proceedlng;0r quest, reasonably surrender po.esslon ot the Equipment to LessO'S. Lessee, Irre~oc-,~r~ptcy,'lns~l~n~' ~ ~'lh~r '~l~l~;_lq~shall be tile, and not withdrawn or dismissed ARTICLE Vii: MAINTENANCE; MODIFICATION; TAXES; INSURANCE.' , o[hBr Ihan Section 5.05. than Lessor has the right to seek 8pacific pe~ormance liability ,and propqdy damage insurance to be carried and maintained, or 51~alJ ' wilh respect Io the Equtpmeql, suHl~ienl to protect the Full insurebig Value tmoamn9ARTICLE XIh MISCELLANEOUS. Price, whichever Is g~ealer)..rid .Ie prote~t Lg~s~r Irom liab~lily,in an avonis. Lessee5ulficmnlty glv6n a~~~~~" The equipment ~ ~overed ,b~ .the regula~'print'~d war , ~f '~ny. o'f Ihe Sellor. perm~llea by law. whichever Is I.st. · . 13 1999 FROM: FAX NO. : 941 403 6269 Apt. 02 1999 10:58AM ~ ~-~2-!Sgg I(~:14 FSC 1 638 954 ~g4~ ~.g2 Pa~e~t ~cheduls L~ ~e: ~ of G~n~ ~mm~oners ~ u~: ~qsn~ O~ ~n ~ Pum~r Le~ N~ 311 ~ 1 ~ ~mb~ e~ ~ ~ p~: P~nt P~ent apptl~ to (~emaining ~ ~ln ~ 0.~ 14~,4T0.~ ~ ~ ~mem 0,~ 145,470.~ F ~nt 2 1 .~7.88 611,81 1~6,07 143,003.09 F ~ent 3 1.~7,88 ~6.57 1,241,31 14!,761.78 P ~ent 4 1,~7.88 ~1,31 ~6.~ 140.515.21 P ~t 5 1.~?.~ 596.02 .~. 86 139,2~.35 P ~t 8 1 .~7.88 ~80,02 1 ~67.&6 135,47S.82 P ~ment 9 1 .~7.88 574.~ 1 ~7S.24 1~.58 P ~ent 10 1.~7,~ ~9.24 1~78.~ 132,9~.~ F ~ent 11 1 ,~7.88 5~.82 1284-0~ 13t ,~9.88 F ~ment ~2 1.~7,88 558.~7 1~89~1 130,3B.37 P ~ment 13 1 ,~7.88 652.~ 12~ 129,055.39 F ;ent t4 I~7.88 ~1.~1 I,S~.47 127,7~.92 F ty~N 15 I ,~7.86 ~1.89 1,305.~ 125,~ 93 P ~t 16 1 ,~7.~ ~6.~ 1,311 .~ 125,137.~ P ~yment ~ 7 ~ ~7.51 530.~ 1.317.~ 123,~0.31 F ~ym~t 18 I .~7.88 525.~ 1,3~.~ 122,~S7.8S P t;ent 19 1,~7.~ 51~.~ 1,325.~ 121.1~9,~ F ;~ 20 1 ,~7.~ 513.~ ~,~.92 ~ 19.835.42 F ~ment 21 1,~7.~ ~e.~ 1,~.~ 118,495.~ F ~e~ 22 1 ,~7.~ ~2.~ t ,~.26 111,150.~ F ~R ~ t,~1.~ 4~.91 1.3~.97 ~ 15.799.61 F ~m~ 24 1 ,~7.~ ~1.18 1,3~.70 114.~2.91 ; t~ent 25 l ,~7.88 ~.4~ 1 ,~.45 1 ; ~ym~t 26 1,~7-98 4~9.65 ~ .3~3 111.712~3 F ~t 21 1 ,~7 .~ 47a .85 1,374.03 11 F ~t 28 1 ,~7.~ ~.02 1,379~ 1 F ~t 29 1 ,~7.88 4~.I 6 t .385.72 107,572.62 F ~t ~O 1 ,~7.88 ~]9 1.39~ .59 t ~6.181,03 F ,ymmt 32 1 ,~7~8 ~6 1 .~3.42 1 ~0.11 F ~ym~t 33 1 .~7-88 4~ 1 ,~.3$ 101 ; tyrant ~ 1.~7.88 4~.~ 1,415.35 1~0,555.~ APR 13 1999 FROM: FAX NO. : 941 40~ 6269 Apt. 02 1999 10:58AM Pe~n~ 8~edule L ~: ~M~ Of ~ ~ommiss~ne~ E ~ui~: E~n~ One ~edmn ~agle Pum~r L~ NO: ~1 Pumh~ Pa~t P~y~nt eppl~ ~ (~m~ning ~oun~ Interes~ P,n~al ba~) F ~t 3~ t,~7,88 4~.~ 1,~7~9 97.7~.~ F ~m~t 3T 1,~7.88 414.~ 1,4~ ~7S. le F ~t 38 1 ,~7.88 ~8.~ ~,~9,62 ~,833.67 F ~m~t 3g i,~7.~ 4~225 1,~.63 F aym~t 40 1.~7,88 a~,12 1,~!.76 F aye! 42 1 ,~T.88 ~.78 1,~.10 89 014.26 F a~t 43 1.~7.88 ~77,57 1,470.3I 87 F ~mnt ~ ..: f.~7.88 371.33 1,476.55 ~ ~7,~ F a)nt ~ 1 ,N7,88 ~5,07 1,4~.81 ~ ~ s~t ~ 1,~7.~ 3~.78 1,~9.10 83 0~.49 F/y~nt 47 1.~7.88 3~.46 1,495.~ 8t 6~.07 ; t~nt ~ 1,~7,88 ~6,12 1.B1.75 80 0~.31 F ~t ~ 1,~7.~ 339.75 1,~08.13 78 5~.18 ~ F ~nt 50 I ,~7.88 3~.35 ~ ,~ 77 015.65 ~ ~nt ~1 1,B47.88 326.93 1~20.~5 75 F ~ent ~ 1 ,NT.~ ~0.48 1 ~7.4D 74 ~7 .~ ; ~e~ ~ 1.~7.88 314.00 1,5~.88 72 49342 F WineRr ~ 1,~7,8s ~7.~9 1,~0.~ ~0 953.03 F ~nt 65 1 ,N7.88 ~0.~ 1 .~8.~ 89 ~8.11 F ~ 51 1 ,~7.88 ~8?.81 ! ,~O.O7 68 ~2.~ ' ~ ~ment 58 1,N7.88 281.19 1,5B.~ ~ ~5.87 ~ ~t S9 1 ~7.88 274.~ 1,573.~ 63 t~.~ ~ aym~ 60 1,N7.~ 287.87 I ,~0.01 61 572.53 ~ ~m~t 61 1.~7.~ 261.17 t,~.71 5g ~5.92 I sy~nt ~ ~ .~7.~ 2~-~ t ,5~.~ 5B 392.~ ) ~y~m 63 !,~7.~ 247.~ 1.~.20 ~ 792.18 ; a~ent ~ 1 .~1.~ 2~.89 1 ,~.99 ~. 185. t 9 F/ymem 66 I ,~7.~ 2~.~ 1,6~.65 ~1,9~.74 F ~t 68 1 ,~7.88 213.~ 1,6~,43 F a~t 69 t,~7. B 2~.52 1.~1.~ 47.~7,43 F ~t 70 ~ ,NT.~ ~ ~,~ 1 ,~6~ 46,399.11 ~ ~t 72 t ,~7.98 185,$$ 1,662,~ 42,081.47 ~ ~t 73 1,N7.~ 17S.~ 1,~g.38 ~,412.~ F ff~t 74 1 .~7.~ 17ff .~1 1 ,~6.47 ~,735.~ APR 1 1999 Pg. FROM: FAX NO.: 941 4(]3 6269 Apr. 02 1999 10:57AM P2 Paym~nl Sch~ul~ h j~ and ffequen~ ~e~at ~m~J~ ~.~ % per ~num Pa~ent P~t appU~ ~ (~mlnin~ F ~t 77 I ,~7 ~ ~ 49.~ 1 ,~7.89 33,863.~ F ~;~t 80 1,~7~8 128.29 1,719,~ 28,528.43 F t~nt ~ 1 .~7.88 ~.06 1,763.82 ~ 8,0~.~ F !ymnt 8g 1,~7.88 6~.52 1,786.36 12.1~8.17 F ~nt ~ 1 ,~T.88 53.95 1293.93 10.9~24 F ~nt G1 1,~T.88 46.~ ~,801.~ 9,122.70 ; W~t 93 1 ,~7.SB 3t .02 ~ .8~ 6,~ 5.4B.66 F ~ment ~ 1 ~7.88 8.09 ~ ,~9.79 0.00 Bs~ ~ Hid wh~ due ghalt ~ su~j~ ~ past due in~t at ~e ~ M 18% per year or ~e ~gffiest ~ ~ by law, whi~ever is i~. In~ olndlng prlndpj b~an~ (fi,~ in "~m~ prl~" ~umn), 8 L~e e ,: ...... By: Tie: TRle: EXECUTIVE SUMMARY TO AUTHORIZE CHAIRWOMAN TO SIGN STATE OF FLORIDA EMS MATCHING GRANT APPLICATION OBJECTIVE: Request Board to authorize the chairwoman to sign seven (7) EMS matching grants applications for submittal to the State Bureau of Emergency Medical Services. CONSIDERATION: The State of Florida established the EMS matching grant program to assist organizations in the improvement and expansion of EMS services. If the grant projects are approved, the State Bureau of Emergency Medical Services will provide seventy - five percent (75%) funding of the total project cost. The grant recipients would provide tile remaining twenty - five percent (25%) of the project cost. Submission of a matching grant application in no way obligates the county to budget the twenty - five percent (25%) grant contribution. If the County chooses not to fund the grant, the county's sole obligation would be to return the State rnonies in addition to any accrued interest. ---- Matching grant applications have been written for: Purchase of automatic multi - parameter vital signs equipment, implementation of Emergency Services Department fitness program, education program for cardiovascular accidents (CVA's), Automatic External Defibrillator Program, helicopter on board weather radar, helicopter vital signs monitor and a helicopter water rescue hoist. FISCAL IMPACT: Funding source for tile EMS grant match if selected and approved by the State, would be requested tinrough the FY 99/2000 budget cycle. The matching funds would be as follows: Grant Title 25% County 75% State Total Cost Multi Parameters Vital Signs 74,250 222,750 297,000 Emergency Fitness Program 8,867 26,601 35,468 Automatic External Defibrillator Program ** 58,922 176,765.00 235,687 Helicopter on Board Weather Radar 13,199 35,595 52,794 Helicopter Vital Signs Monitor 2,646 7938 10,584 Helicopter Rescue Hoist 63,375 190,125 253,500 Education Program for Cardiovascular Accident 6,652 19,687.50 26,250 *' The Automatic External Defibrillator Program grant if awarded includes the first year funding for an AED coordinator. Future funding for this position would be budgeted through the (FY 2000/2001) budget process. APR 13 1999 GROYVTH MANAGE~/ENT IMPACT: None RECOIMMENDATION: That the Board authorizes the Chairwoman to sign the matching grant applications. Copies of the Matching Grants applications are on file in the Emergency Services Department. ~EV,~V,'ED B I Dia,~ ~. F,ag,2;.,. c,,iS~ .'~Ut O~t~: Emergency SerMces Department ~ C"",') / APPROVED BY: <.i - .,~ --~ Date: Leo Ochs.,Jr, Ad~dinistrator Supl~on Services' APR 13 1999 Po. APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 4/13/99 Solid Waste (Fund 472) Budget Amendment No. 99-212 Non-Grant Funds hnprovements - General $5,500 Reserves Reserve for Contingencies (5,500) Total -0- Explanation: Funds are needed to install additional concrete pads for sorting and processing recycling materials at the Naples Transfer Station. Lely Estates Beauti~cation MSTU (Fund No. 152) Budget Amendment No. 99-216 Operating Other Contractual Services $9,950 Reserves Contingencies ( 1,750) Capital Outlay (8,200) Total Explanation: Funds are needed for increased mowing service, additional irrigation repairs, and the repair of the entrance wall and sign. AGENDA ITEM ._,. No.//,,. ,~C~') APR 13 1999 Pg. I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE APRIL 13, 1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06( 1 ), the disbursements for the Board of County Conu-nissioners for the period: A. March 8 - 12, 1999 B. March 15 - 19, 1999 3. Districts: A. Big Cypress Basin Board of the South Florida Water Management District - Minutes of February 4, 1999 meeting B. Fiddler's Creek Community Development District - Minutes of November 25, .--- 1998 meeting; General Purpose Financial Statements September 30, 1998; Local Government Annual Financial Report; Description of Outstanding Bonds; Audit for 1998; Budget for 1998; Management Letter and Management Letter Comments; and Minutes of January 27, 1999 meeting including Budget for 1999 C. Golden Gate Fire Control and Rescue District - Agenda of March 10, 1999; Special District Facilities Report; Audited Financial Report for Year Ending 1998; Financial Report for Year Ending 1998; Management Letter; Budget for Year End 98 included in Financial Report and Description of Outstanding Bonds D. Key Marco Community Development District - Minutes of January 14, 1999 meeting E. Naples Heritage Community Development District - General Purpose Financial Statements September 30, 1998; Local Government Annual Financial Report; Description of Outstanding Bonds; Audit for 1998 and Budget for 1998 F. Pelican Marsh Community Development District - General Purpose Financial Statements September 30, 1998; Management Letter; Local Government Annual Financial Report; Description of Outstanding Bonds, Audit for 1998 and Budget for 1998 G. Port of the Islands Community Improvement District - N, ,tice of meetings held July 16, 1998 and March 19, 1999 APR 13 1999 Pg. / 4. Minutes: A. Airport Authority - Minutes of February 8, 1999 meeting and agenda of March 8, 1999 B. Bayshore Avalon Beauti~cation Advisory Committee - Minutes of March 3, 1999 meeting and agenda of February 3, 1999 C. City/County Beach Renourishment Advisory Committee - Agenda of March 4, 1999 D. Collier County Planning Commission - Minutes of February 4, 1999 and February 18, 1999 meetings and agenda of March 18, 1999 E. Emergency Medical Services Advisory Council - Cancellation Notice for February, 1999 F. Golden Gate Estates Land Trust Committee - Minutes of December 14, 1998 meeting G. Hispanic Affairs Advisory Board - Minutes of January 21, 1999 meeting -~ H. Historical/Archaeological Preservation Board - Minutes of February 19, 1999 meeting and agenda of March 12, 1999 I. Immokalee Enterprise Zone Development Agency - Minutes of November 12, 1998 meeting J. Lake Trafford Restoration Task Force - Minutes of February 12, 1999 meeting and agenda of February 26, 1999 K. Lely Golf Estates Beauti~cation Advisory Committee - Minutes of February 12, 1999 meeting and agenda of March 12, 1999 L. Library Advisory Board - Minutes of January 27, 1999 meeting M. Pelican Bay MSTBU Advisory Committee - Minutes of February 3, 1999 and February 19, 1999 meetings and agenda of March 3, 1999 APR 13 1999 EXECUTIVE SUMMARY RECOMATION TO THE BOARD OF COUNTY COMMISSIONERS TO SUPPORT THE COPSUNIVERSAL HIRING PROGRAM SUPPLEMENTAL GRANT AWARD #95CCWX0265. OBJECTIVE: To gain Board support of the three year COPS UNIVERSAL Hiring Program supplemental grant award. CONSIDERATION: On November 8, 1994, the Board of County Commissioners agreed to act as the coordinating unit of government for the United States Department of Justice, Office of Community Oriented Policing Services (COPS) Accelerated Hiring, Education, and Deployment Program (COPS AHEAD). The COPS Universal Hiring Program (UHP) is a "supplement" of additional funding to the COPS AHEAD award. On February 14 and August 15, 1995 the County Commissioners approved application for the COPS AHEAD and COPS Universal Hiring Program (UHP) supplements and authorized an increase in the number of budgeted Sheriff's Office law enforcement officer positions to support community policing programs. On February 1, 1999 the United States Department of Justice issued a COPS '99 UHP supplemental award in the amount of $1,425,000 to the Collier County Sheriff's Office. This COPS '99 UHP three year supplemental award will fund $75,000 of costs for each of nineteen new officers. County Commission support is needed to officially increase the number of budgeted positions by nineteen and to execute grant award documents. FISCAL IMPACT: Upon Board support the nineteen COPS '99 UHP positions will be added to the F/Y 1999 Sheriff's Office budget. The 1999 portion of the COPS '99 UHP supplemental grant award will be $389,340 with no local match, GROWTH IMPACT: Subsequent Federal Share funding: FEDERAL LOCA~ FISCAL YEAR GRANT MATCH 1999/00 $813,500 $ 0 2000/01 $222,160 $612,280 2001/02 $ 0 $867,830 All subsequent year funding will be included as a part of the Sheriff's Office annual budget submissions. AGENDA ITEM A R I 3 1999 pg.,. i RECOMMENDATION: That the Board of County Commissioners support the COPS Universal Hiring Program supplemental award #95CCWX0265, increase the number of budgeted positions by nineteen, and execute the grant award documents. Pat M~flen, Acting Captain, UniformPatrol Division Don Hunter, Sheriff DATE: March 12, 1999 ,--- AGENDA IT M A~'~ 13 1999 a: xs. uhp99 DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: March 12, 1999 To: Office of the County Attorney, Attention: Thomas Palmer, Esq. From: Crystal K. Kinzel ~L[, , Finance Director (Name) (Title} Sheriff ' s Office Finance Division (Division) (Department) Re: COPS Universal Hiring Supplement Award ( Subj e c t ) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). On February 1, 1999 the Sheriff' s Office was awarded a United Star Department of Justice COPS Universal Hiring Program supplemental grant. Board approval is being requested to increase the number of budgeted positions and to execute grant award documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Award documents are attached. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) C ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of documents to be executed by the Board. OTHER COMMENTS: AGENDA ITEM i No. It \ C: Don Hunter, Sheriff AFR I 3 1999 All requests must be copied Office of Co!ttHtuni0, Oriented Policing Services COPS Universal Hiring Supplemental Award Application Organization's Name: Collier County Sherift's Department Grant #: 95CCWX0265 OR1 #: FL01100 l/endo..r #: 596000561 Law Enforcement Ex'ecutive Name: Sheri'ffDbn Hunter Address: Government Complex, Building J 3301 Tamiami Trail East Ci.n; State, Zip Code: Naples, FL 34112 Telephone: (941 ) 793-9203 Fax'.' (941) 793-9333 Government Executive Name: Chairman Barbara B. Berry Address: 3301 Tamianfi Trail East CiO', State, Zip Code: Naples, FL 34112 Telephone: (941) 774-8391 Fax.' (941) 774-3602 ~. Award Start Date: April 1, 1995 Previous Award End Date: July 31, 2000 piemental Award Start Date: December 1, 1998 Revised Award End Date: November 30, 2001 Previous Award Amount: $2,025,000 Previdus Number of Officers: FuLl Time: 27 Supplemental Award Amount: $1,425,000 Part Time: 0 Total Award Amount: $3,450,000 Supplement to Number of Officers: Full Time: 19 Part Time: 0 Total Number of Officers: Full Time: 46 Part Time: 0 Jo~ph' E. Brann Director ~ , Date By signi fig fl~i s award. ~e s ignato~' o ffici als ~e a ~reei ng to abide by ~e Co nditi ons of Grant Award found on the rev er~ si de o' ' ~ ' ~ ' Signatonement Executive with fl~e Typed N~e ~d Title of Law Date authority to accept ~is grant awed. Enforcement Executive. ' ' AGENDA I~EM Pamela S. aamre of Government Executive wi~ the authority to Typed Name ~d Title of Government Date acGept ~is grit awed. Executive. Revised Budget SummaD' - Important Notice Z'h~ring the revies~, of )vur COPS Universal Hiring Program budget i~fo~v27ation, the O_[../ice Qf the Comptroller. Office qf dustice Programs or the COPS .Office ame~wted the budget information submitted with .~vur application. These adjustments q/feet 3,out' budget summary. The COPS OJrice mod~tied )'our budget summan., to reflect these changes and to meet legislative requirements. Please examine the Revised Bu{~et SummaD,' below. COPS Office stq/f have changed the Federal Share, the local share or both shares. If you have a~D' questions, please contact your grant advisor at the COPS Office. Thank you for your attention to this matter. ORI: FL01100 Organization: Collier County Sheriffs Department The total three year cost for salaries and benefits Id~rTFdll-time o.fficer requested $128,080.00 The total amount of federal funds per'fulj-'time officer requested is:' $75,000.00 The total three year cost for salaries and benefits per part-time officer requested $0.00 The total amount of federal funds per pan-time officer requested is: $0.00 Under COPS grants. the Federal share of total salaries and benefits must decrease each year leading to full local funding by the fourth year of officers, employment. At the same time your local share must increase each year. Furthermore, Federal funds per officer cannot exceed 75% of three years salary and benefits. or $75.000, whichever is less. We have prepared the following table for your review. If these amounts do not meet your needs. please provide revised figures in the blank table below. Thank you. Full Time Year 1: Year 2: Year 3: Totals: Federal Share (must decrease): $33,076 $27,830 $14,094 $75,000.00 Local Share (must increase): $8,270 $14,986 $29,824 $53,080.00 Total Salaries/Benefits: $41.346.00 $42,816.00 S43,918.00 $128,080.00 Federal Share (must decrease): ~37,719 $36,065 $1 t216 $75r000-00 Local Share (must increase): 0 $7 ~ 314 $45 ~ 766 $53 r 06)0.00 TotalSalaries/Benefits: ~37,719 $43,379 $46,982 $128,080.00 Part Time Federal Share (must decrease): $0 $0 $0 $0.00 Local Share (must increase): S0 $0 $0 $0.00 Total Salaries/Benefits: $0.00 $0.00 $0.00 $0.00 Federal Share (must decrease): Local Share (must increase): Total Salaries/Benefits: The undersigned agrees to adhere to the financial corn mitments outlined above. Name (typed) of Authorized Official: Pamela S. Mac ' Kie Title: Board Chairwoman Signature: Date: 4/6/99 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE STATE OF FLORIDA'S DEPARTMENT OF COMITY AFFAIRS' ~NTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM. OBJECTIVE: TO seek appointment of the Collier County Commission as the coordinating unit for local application for anti-drug abuse grants. CONSIDERATION: 1. The Collier County Commission has participated in the Department of Community Affairs' Anti-Drug Abuse grant program for ten years. 2. The Collier County Program, now under tenth year funding, has proven to be a valuable project. 3. The Department of Community Affairs, Bureau of Community Assistance, has allocated $210,311 for State Fiscal Year 2000 funding in Collier County. 4. The Sheriff's Office anticipates applying for eleventh year funding for this local program. 5. The Department of Community Affairs requests that the Collier County Commission continue in the capacity of local coordinator. FISCAL IMPACT: This grant period is for October 1, 1999 to September 30, ,~q000. Funds are available annually through the Florida Department of fommunity Affairs from the Drug Control and System Improvement Program (Edward Byrne Memorial State & Local Law Enforcement Assistance) grant fund appropriations. Allocations to Collier County have increased each year for the past ten years proportionately based on the enacted United States Department of Justice anti-crime budget. Twenty five (25%) percent local matching funds, ($70,103) drawn proportionate to share of Eunding received, will be from Confiscated Trust Fund Reserves (602-919010-991000). GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government and authorizes the Chairperson to execute the Certification of Participation for eleventh year funding. Certification of Confiscated Trust Fund Request This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4)(a) Florida Statutes to provide matching funds to obtain federal grants. Crystal K. Kinzel~ Finance: Director /'/'i !i,,1 APPROVED '. ;' :'' 13 1999 Don-B~nter!, ~er~ DATE: March 22, 1999 ITEM NO: 5~ ;" Cede3 ~-~1 DATE RECEIVED: FILE NO,: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type Or print) Date: March 22, 1999 To: Office of the County Attorney Attention: Thomas Palmer, Esq. From: Crystal K. Kinzel ~0~----_ , Finance Director (Name) "--- (Title) Sheriff ' s Office Finance Division (Di vis ion ) (Department) Re: Anti-Drug Act Formula Grant Program (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, cgnc. ise, and articulate). _. Byrne Grant funding has been allocated by the Department of Community !airs to Collier County, The Board of County Commissioners is the local ordinating unit of government for this grant program, The Sheriff's Office requests that the Board agree to continue to be the local coordinating unit of government and execute the Certification of Participation for the eleventh year of Byrne grants to the Collier County Sheriff's Office, (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Certification of Participation THIS ITEM BAS/.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 attached documents. OTHER COMMENTS: C: ._Don Hunter, Sheriff - ~11 requeste must be copied to your appropriate Division Head AGENDA ITEM or Constitutional Officer. ) ""' No. I (, V{ ~ APR 13 1999 3301 East ~miami ~ail · Naples. Florida 34112-4977 John C. Noms (941) 774-8097 ° Fax (941) 774-3602 '~ Distdct 1 James D. Ca~er, Ph.D, Dis~ct 2 Timoffiy J. Cons~n~ne Distact 3 Pamela S. Mac'Kie Distdct 4 CERTIFICATION OF PARTICIPATION 8amara 8. 8e~ Distdct 5 April 6, 1999 Mr. Clayton H. Wilder Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners accepts the invitation to serve as the coordinating unit of government in the Department of Community Affairs' Drug Control and System Improvement Program (Edward Byrne). For purposes of coordinating the preparation of our application(s) for grant funds with the Bureau of Community Assistance, we have designated the following person: Name: Joyce Houran Title: Grant Coordinator Agency: Collier County Sheriff's Office Address: 3301 Tamiami Trail East Building J - Finance Division Naples, Florida 34112 Telephone: 941-793-9346 Sincerely, ~GENDA ITEM Pamela S, Mac'Kie No, Chai~oman, Board of .,~,~o~-~<: ~,:. ~o t,~:.:~,, ~ ~.~:;-~,~ :~::':AP'R I 3 1999 County Comissioners EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION ESTABLISHING AN ALTERNATIVE PROCEDURE FOR THE APPROVAL OF SUBDIVISION PLATS. 12B. JF,.C,I]3~ That the Board of County Commissioners develop a more expeditious process of approving subdivision plats by delegating authority to the Planning Services Director to reduce the amount of the performance security and by delegating authority to the Chairman to sign form agreements relating to performance security for subdivision improvements. CONSIDERATIONS: On March 9, 1999, the Board of County Commissioners directed staff to prepare a resolution establishing and approving an altemative procedure for the approval of subdivision plats. Sections 3.2.6.3.3, 3.2.6.3.4 and 3.2.9.1.2 of the Land Development Code require the Board of County Commissioners to approve the final plat and construction maintenance agreement. Currently, the final plat and an executed construction maintenance agreement are placed on the Board's consent agenda for approval. The County Attorney's Office has determined that the process could be expedited by creating an alternative procedure for the approval of subdivision plats. The Board will continue to approve the final plat, the amount of the performance security, and an unexecuted form construction maintenance agreement. But, through the attached resolution, the Board of County Commissioners will delegate to the Planning Services Director or designee the authority to reduce the amount for the performance security for the required improvements. The Board of County Commissioners will also delegate the authority to the Chairman of the Board to sign the executed construction maintenance agreement relating to performance security for the required improvements after approval by the County Attomey's Office and the Planning Services Director. FISCAL IMPACT: None. ' GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution. Prepared by: fieidi ~ ishion ' Date Assistant County Attorney Approved by: AGENDA ITE , ISividC. Weigel, e'c;~t~d~omey '/' ' 13 1999 Executive Summary Page 2 Reviewed by: John 1~. Houldsworth, Senior Engineer Dat~ Development Services, Engineering Review Reviewed by: Planning Services Director Reviewed by: Vincent A. Cautero, Administrator Date Community Development & Environmental Services h:/hg/ex summary/Subdivision Plats-3 ~ r~ 8 13 1899 1 RESOLUTION 99- 2 3 A RESOLUTION OF THE BOARD OF COUNTY CO/~{MISSIONERS OF 4 COLLIER COUNTY, FLORIDA ESTABLISHING AND APPROVING AN 5 ALTERNATIVE PROCEDURE TO APPROVE SUBDIVISION PLATS ON 6 THE BOARD AGENDA, BY DELEGATING TO THE PLANNING SERVICES 7 DIRECTOR OR HIS DESIGNEE TIlE AUTHORITY TO REDUCE THE 8 AMOUNT OF THE PERFORMANCE SECURITY FOR THE REQUIRED 9 IMPROVEMENTS, AND BY DELEGATING TO THE CHAIRMAN THE 10 AUTHORITY TO SIGN AGREEMENTS RELATING TO PERFORMANCE 11 SECURITY FOR SUBDIVISION I~{PROVEMENTS. 12 13 14 WHEREAS, the Board of County Commissioners generally meets on the second and fourth 15 Tuesday of each month for its regular public meeting; and 16 WHEREAS, subdivision plats may be approved at meetings of the Board of County 17 Commissioners; and 18 WHEREAS, the development community and the Board ,nty Commissioners desire to 19 provide for a more expeditious processing of subdivision plats; a~. 20 WHEREAS, the Board of County Commissioners desires to approve subdivision plats 21 pursuant to Section 177.071, Florida Statutes; and 22 WHEREAS, as part of the approval process, the County and the developer enter into a 23 construction maintenance agreement with a bond or a letter of credit or escrowed funds to ensure 24 that certain required improvements are constructed within each subdivision; and 25 WHEREAS, standard forms for the construction maintenance agreements, the letter of credit 26 and bond are attached in the Appendices to the Land Development Code; and 27 WHEREAS, the Board of County Commissioners desires to administratively process the 28 construction maintenance agreement, the bond and letter of credit by delegating the authority to 29 reduce the amount of the required performance security and by delegating the authority to execute 30 agreements relating to performance security for subdivision improvements. 31 NO~7, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 32 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 33 1. Staff is directed to continue to process subdivision plats by placing them on the Board 34 agenda for approval by the Board of County Commissioners. The agenda item shall, at a minimum, 35 specify the estimated construction costs of the required improvements and the amount of the 36 performance security. If the performance security and agreement have been approved by staff and ,AGENDA ITE. A P R 13 i999 1 the County Attorney's Office, then the performance security shall be included in the agenda item. If ~ 2 the performance security has not been approved, then it shall be administratively approved as 3 follows: 4 a. The Planning Services Director or his designee is delegated the authority to 5 reduce the amount of the performance security required in construction maintenance 6 agreements after approval of the subdivision plat by the Board if a portion of the required 7 improvements are completed and approved by County Staff after an inspection of the 8 infrastructure by the County. The performance security shall equal 100% of the engineer's 9 estimate of costs to complete the remaining required improvements and 10% of the 10 engineer's original estimate of costs to complete all of the required improvements. 11 b. The chairman of the Board of County Commissioners is hereby delegated the 12 authority to sign construction maintenance agreements on behalf of the Board after the plat is 13 approved by th~ Board of County Commissioners and after approval by the Planning 14 Services Director, or his designee, and the County Attomey's Office. 15 3. No plats shall be recorded without execution of a construction maintenance 16 agreement and receipt of an acceptable performance guarantee. The fully executed construction 17 maintenance agreement shall be filed with the Clerk to the Board. 18 4. This Resolution shall take effect immediately upon adoption. 19 This Resolution adopted after motion, second and majority vote favoring same. 20 21 Dated: 22 23 ATTEST BOARD OF COUNTY COMMISSIONERS 24 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 25 26 27 28 By:_ By: 29 PAMELA S. MAC'KIE, Chairwoman 30 31 Approved As To Form and Legal 32 Sufficiency: 34 . 35 . , 36 Heidi F. Ashton v ,-.--- 37 Assistant County Attorney k_ 38 /~GENDA ITEM 39 40 h:hg/hfa/g9Resolulions/Pefformance Security Agreements-Revised NO. ~ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT THAT WILL RECOGNIZE IN-KIND SERVICES OF $16,000 TO BE PROVIDED BY THE FLORIDA DEPARTMENT OF CORRECTIONS. OBJECTIVE: For the Board of County Commissioners to approve a budget amendment that will recognize in-kind services of $16,000 to be provided by the Florida Department of Corrections (FDOC). CONSIDERATIONS: The runway at the Everglades Airpark is obstructed by mangroves. The Airport Authority developed two alternatives for removing these mangroves. Alternative A was to hire an independent contractor to cut, clear and chip the mangroves at an estimated cost of $42,700. Alternative B was to use prison inmates through the FDOC at an estimated cost of $8,500. This amount would be used to acquire work tools and safety equipment, provide transportation of the prisoners from the prison to the work site and train Authority staff to manage the labor force. The arrangement under Alternative B is similar to the arrangement between the Florida Department of Transportation and the Hendry Correctional Institute for the maintenance of roads in Collier County. Alternative B was selected since it saves the Airport Authority approximately $34,200. Although the Authority will not have to pay the FDOC for the prison labor used, the value of these services can be quantified and used as in-kind services to match the Florida Department of Transportation grants for this project. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The budget amendment will recognize the maximum amount of in-kind services eligible to match the FDOT's grant and increase the project budget by said amount. The following accounts will be affected: 496-192342-480110-33381 In-kind Services $ 6,000 increase 496-192342-480110-33362 In-kind Services $10,000 increase 496-192342-763100-33381 Improvements $ 6,000 increase 496-192342-763100-3336;Z Improvements $10,000 increase RECOMMENDATION: Staff recommends that the Board of County Commissioners approve a budget amendment that will recognize in-kind services of $16,000 to be provided by the FDOC. PREPARED BY: (~r'~ ' L~V~dL,- I~_L~ DATE: ~/o~"/c/~ en , ' OhQ~.Drui~ iie~utlve~Dih,~eC~/ ,q P .P,, ,3 1999 Pg... \ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT THAT WILL INCREASE THE MANGROVE CLEA..~NG PROJECT BUDGET BY $36,667.00, OBJECTIVE: For the Board of County Commissioners to approve a budget amendment that increase the _mangrove clearing project budget by $36,667.00 ~ CONSIDERATIONS: The Airport Authority received a $540,000.00 grant from the Florida Departmeht of Transportation to clear the mangroves that obstruct the runway at the Marco Island Executive Airport which was matched by $60,000.00 local dollars. Additional work needs to be done to complete this project so FDOT has issued the Airport Authority a supplemental grant of $33,000.00. This additional money requires an additional 10% match of $3,667.00. This will increase the total project budget from $600,000.00 to $636,667.00 and will allow the airport to become compliant with FAR Part 77 safe approaches. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The budget amendment will increase the mangrove clearing project budget by $36,667.00 from $600,000.00 to $636,667.00, will increase the grant proceeds to be received by $33,000.00 from $540,000.00 to $573,000.00 and decrease reserves by $3,667.00 from $59,500.00 to $55,833. The following accounts will be changed: 496-192371-334492-33371 Grant Proceeds $ 33,000.00 increase 496-192371-763100-33371 Improvements $ 33,367.00 increase 496-919010-991000- Reserves $ 3,367.00 decrease RECOMMENDATION: Staff recommends that the Board of County Commissioners approve a budget amendment that will increase the mangrove clearing budget by $36,667.00, AGENDA ITEM No, I/~, ,D ~ ,fF, k3 1999 pg. EXECUTIVE SUMMARY PETITION CU-99-1, BLAIR FOLEY, OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING ALEXANDER SALEM, REQUESTING CONDITIONAL USE "7" OF THE AGRICULTURE ZONING DISTRICT TO ALLOW A CHLYRCH AND RELATED FACILITIES FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF IMMOKALEE ROAD (CR- 846) AND RIVERS ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The applicant is seeking to obtain a conditional use to allow for the operation of a 30 seat church and related facilities on a 5 acre parcel. CONSIDERATIONS: The petitioner proposes to develop a 30 seat church on a site that previously received conditional use approval in 1991 for a radio controlled model race track. The current property owner wishes to convert the existing two story residential structure into a church sanctuary and fellowship hall. The proposed church facility contains a 1,856 square foot two story residential building, a 330 square foot wood flame shed, a 23 foot by 100 foot pole bam, and a parking lot. The petitioner indicates that no changes ~-, to the site or additions to any of the existing structures are planned at this time. The submitted site plan indicates that the property is only accessed from Rivers Road which is constructed of limerock while the access point is approximately 350 feet south of Immokalee Road. In addition, the two story church sanctuary is set back over 205 feet from the Immokalee Road fight-of-way. The required parking area is located behind the existing two story structure and provides 33 parking spaces. The church site is buffered to the south by vacant wooded land. The traffic impact review indicates that the proposed 30 seat church will generate approximately 73 trips on a Sunday and 18 trips per weekday versus 45 weekday trips for the model race track. Because of the low trip rate for proposed church, the difference in site generated trips will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Immokalee Road (CR-846) fronting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any roadway segment within the project's radius of development influence. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). CR-851 is classified as a 2 lane road fronting the project. The current traffic count for this segment is 12,087 AADT which results in LOS "D" operation. This road segment will not fall below it's adopted LOS by the build-out of the church use. Based on this data, this petition is consistent with the Policy 1.3 of the TCE. PRO/CONS: The list below contains a summary of the evaluation of the criteria which are sp P Section 2.7.4.4 of the Land Development Code requiring staff evaluation and coP; .~ndu_..d~~' · [nenho.and u the basis for a recommendation for approval or denial by the Collier County Plannin Commasstun and the Board of County Commissioners. APR I 3 1999 PROS · The subject site has adequate frontage on Immokalee Road and will not adversely impact traffic flow. · The ingress/egress on Rivers Road is considered to be an optimal location in terms of traffic flow and safety. · The proposed church does not provide outdoor activity area, therefore, it is unlikely that glare or odor will be produced at a level that exceeds the impacts could be created by the race track facility. · The front yard setback for the existing building is over 206 feet while the minimum in the Agriculture District is 50 feet. · A church for the most part represents a passive use of land, and is therefore compatible with adjacent land uses. · The existing structure is architecturally designed as a two story building. CONS: · Intensifying the traffic condition on Immokalee Road resulting from this project may at times give rise to inconveniencing neighborhood residents. · The proposed church use will generate a period of time where Immokalee Road will experience short periods of high intensity traffic flow which inherently creates potential for traffic accidents. The Collier County Planning Commission reviewed this petition on March 18, 1999 during their public heating and voted 6 to 0 to recommend approval of this petition. The recommendation for approval was based on their findings that this conditional use petition is consistent with the Growth Management Plan, the ingress/egress is safe and the project is compatible with the adjacent land uses. In addition, no one spoke against this petition during the public heating and staff has not received any calls or correspondence in opposition to this request. As a result, this petition has been placed on the summary. agenda. FISCAL IMPACT: Prior to the commencement of the use authorized by the approval of this conditional use petition, the following revenue stream is estimated as follows: Park Impact Fee: $578.00 ,.-, Libraries Impact Fee: $180.52 Fire Impact Fee: $0.15 per square foot unde ~t_AC.,E~A ~re~ Road Impact Fee: ,1,303.00 per 1,000 squar~ roo~~tk'/,~,~ Radon Impact Fee: $0.05 per squ~e foot unde 2 APR 13 1999 B.C.A.I. Impact Fee: $0.05 per square foot under roof EMS Impact Fee: $43.00 per 1.000 square feet TOTAL IMPACT FEES = $3,720.69 These impact fees are based on the total square footage of the existing 1,856 square foot structure. Since this existing structure was constructed prior to the implementation of the impact fee ordinance, the proposed church use is not eligible for impact fee credits. As a result, the change in use will result in the impact fees as estimated above. In addition to impact fees described there are typically building permit review fees and utility fees associated with connecting to the County sewer and water system. 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 system. Since the structure is served by well and septic and is only proposed for internal remodeling, these additional fees will be minimal. Impact Fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impact of a particular development on County provided services. Lastly, additional revenue is generated by the ad valorum tax dependents on the value of the improvements. At this point in time staff has not developed a method by which to estimate the cost of a particular land use development project. Such a model in our opinion would be misleading because there is no certain way to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below the developed standard, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property lies within the Agricultural/Rural and Agricultural Residential Sub-district designated area on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This land use classification provides for those areas that are remote from the existing development pattern, lack public facilities and services or are in agriculture production. The maximum density in this area is 1 dwelling unit per 5 acres. The district also permits non-residential uses such as agricultural uses, schools, essential services, day care and churches. Therefore, this proposed use is consistent w'ith the GMP. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition CU-99-1 for Conditional Use "7"of the "A" Agriculture zoning district subject to the stipulations that are AG'END~'IT~ attached Resolution of Adoption and Exhibits thereto which includes the conceptual p] ~n. APR 13 19S9 3 Pg. PREPARED BY: V EwED R I CURRENT PLANNING SECTION 1~ B J. MULHERE, AICP, DIRECTOR DATE O ERT PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ~ X SUMMARY/CU-99-1/RVB/rb APR 13 1999 AGENDA ITEM 7-F MEMORANDU]Vl TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES 'DATE: FEBRUARY 10, 1999 RE: PETITION NO: CU-99-1, ST. PAUL ANTIOCHIAN ORTHODOX CHURCH OWNER/AGENT: Agent: Mr. Blair A. Foley Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, Florida 34104 Owner: Mr. Alexander Salem St. Paul Antiochjan Orthodox Church 8867 Lely Island Circle Naples, Florida 34113 REQUESTED ACTION: To obtain conditional use "7" of the "A" Rural Agricultural zoning district to allow for a church and related facilities. GEOGRAPHIC LOCATION: The site is located on the southwest corner of the intersection of Immokalee Road and Rivers Road in Section 30, Township 48 South, Range 27 East. (See iljustration on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks conditional use approval for a church and related facilities on a five acre site that previously received conditional use approval in 1991 (CU-91-13) for a radio controlled model race track. The approved model race track facility contains a 1,856 square foot two story residential building, a 330 square foot wood frame shed, a 23 foot by 100 foot pole barn, a parking lot, and race track. The current property owner wishes to convert the existing two story residential structure into a church sanctuary and fellowship hall providing no more the 30 seats. There will be no daycare or school use on the subject site. The petitioner indicates that no changes to the site or additions to any of the existing structures are planned at this time. The submitted site plan indicates that the property is only accessed from Rivers Road which is cons~-ucted of limerock. It should be noted that the access point is approximately 350 feet south of Immokalee Road. In addition, the two story church sanctuary is set back over 205 feet from the Immokalee Road ri,, required parking area is located behind the e~isting two story structure and provides 33 park ng sp~ '.~/~'~ church site is buffered to the south by vacant wooded land. APR 13 1999 APR 1 1999 SURROUNDING LAND USE AND ZONING: Existing Conditions: The site is currently developed with a model race track facility. The undeveloped portions of the site are densely vegetated and contains some exotic vegetation. The property is also zoned Agriculture. Surrounding: North - Immokalee Road and vacant land zoned A-MHO. East Rivers Road and vacant land zoned Agriculture, South - Vacant land zoned Agriculture. West - Vacant land zoned Agriculture. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management ~lan (GMP). The Land Development Code establishes a procedure which may result in approving a development order for churches in agriculture and residential zoning districts. Consistency relationships with applicable elements of the Comprehensive Plan are as follows: Future Land Use Element: The subject property lies within the Agricultural/Rural and Agricultural Residential Sub-district designated area on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This land use classification provides for those areas that are remote from the existing development pattern, lack public facilities and services or are in agriculture production. The maximum density in this area is 1 dwelling unit per 5 acres. The district also permits non-residential uses such as agricultural uses, schools, essential services, day care and churches. Therefore, this proposed use is consistent with the GMP. Traffic Circulation Element: The traffic impact review indicates that the proposed church facility will generate approximately 18.64 trips per weekday and 73.2 trips on a Sunday. The model race track generated approximately 45 trips per weekday and 77 trips on the weekends. Based on this information, the difference in site generated trips between the proposed church and the model race track facility will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Immokalee Road (CR846) fronting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any roadway segment within the project's radius of development influence. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE also classi~es this segment of CR-846 as a 2 lane road fronting the project. The current traffic count for this segment is 12,087 AADT which results in LOS "D" operation. This road segment will not fall below it's adopted LOS by the build-out of the church use. Based on this data, this petition is consistent with the Policy 1.3 of the TCE. Other Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under f"" the provisions of Section 3.15 of the Collier County Land Development Code, Ade Facilities, at the earliest or the next to occur of either final SDP approval, final plat approw or ~.i~lding permit applicable to this development. Therefore, this petition is consistent with th goals and 2 APR 13 1999 policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a pan of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. As a result, no Historical/Archaeological Survey and Assessment is required. In addition, Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. The Transportation Division staff has recommended approval of the facility subject to the developer providing an eastbound right turn lane on Immokalee Road. This work shall also include all necessary signing and marking required for the turn lanes together with pavement markings and a stop sign on Rivers Road at Immokalee Road. The Community Development Services environmental staff stipulated that an appropriate portion of native vegetation be retained on-site. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). 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 below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either "pro" or "con" as the case may be, in the professional opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. AC~hlDA ITEI~" pg. a. Consistency with this code and Growth Management Plan. Pro: The requested church use is consistent with the applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary. Conclusion (Findings): This petition is consistent with the FLUE to the Collier County GMP. The proposed use is authorized in the Agriculture/Residential Sub-district designated areas and is permitted in the Agriculture district as a conditional use. b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: (i) The project's existing ingress and egress is from Rivers Road. Since the site has adequate frontage for the required turn lanes, this access will not adversely impact traffic flow and is considered to be an optimal location in terms of traffic flow and safety. (ii) Due to the low traffic volumes generated by the project and the clear site distance on Rivers Road, the location of the access should continue to operate adequately. Con: The proposed church use will generate a period of time where the driveway connections to Rivers Road and Rivers Road connection with Immokalee Road will experience short periods of high intensity traffic flow which inherently creates potential for traffic accidents. Summary_ Conclusion: The layout of the site plan from a planning and traffic safety standpoint and the condition of low traffic volumes and clear site distance from the access point, the ingress/egress should produce optimum operating conditions. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: (i) As noted above, the subject site is approved for a model race track facility. The difference in tIaf~c impacts in relation to noise, glare, economic or odor effects between the 30 seat church versus the approved race track facility is not significant. (ii) The north and east sides of the property are separated from the adjacent agriculture lands by Immokalee Road and Rivers Road. In addition, a landscape buffer is required along the entire property line to screen the proposed use from the neighboring properties. (iii) The required 50 foot front yard setback in the Agriculture district has been increased to 206 feet from the subject property line to the proposed church sanctuary. 4 APR 13 1999 Con: The proposed church may generate during a typical Sunday service or during a special event, a short period of time where high intensity traffic flow and people may create noise and/or odor that could impact the neighboring properties. Summary_ Conclusion (Findings): The orientation of the existing buildings are such that they are buffered from adjacent property by the required landscape buffer. The layout of the facility as it presently exists will essentially remain the same. In the opinion of staff, the proposed church will have limited negative effects on neighboring properties in relation to noise, glare, economic or odor effects. d. Compatibility with adjacent properties and other property, in the district. Pro: (i) A church for the most pan represents a passive use of land, and is therefore compatible with adjacent land uses. (ii) The proposed church is no more intensive than the model race track facility has been operating on the subject site since 1991. In addition, churches are generally considered compatible with residential land uses, and may serve residents of the surrounding neighborhood. (iii) The existing structure to be used as the church sanctuary is architecturally designed as a two story residential building. This structure is compatible with other structures in the district. Con: The proposed church use will generate a period of time where Immokalee Road will experience short periods of high intensity traffic flow which inherently creates potential for traffic accidents. Summ~_ Conclusion (Findings): The proposed use is compatible with the neighboring properties since a church is essentially a passive use of the land. The existing structures are architecturally designed as a two story residential building to improve compatibility. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of Petition CUo99-1 for conditional use (7) of the Agriculture zoning district as otherwise conditioned in the Resolution of Adoption. A~A I'IT.M I'~R~.~ s APR 13 1999 PREPARED BY: "' ~ ~'~ I I ~ ~ I '~' ~{ RAY BELLOWS, PRINCIPAL PLANNER DATE CURIENT PLANNING SECTION ~.~7~:~ ~Cr~o, ~cv, M~AGER DATE CURRENT PLANNING SECTION R7OB HERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for March 18, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: STAFF REPORT/CU-99-1/RVB/rb 6 APR 13 1999 CEC 9~. 2~3 COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION RECEIVED DATE OF APPLICATION: JAN 5_ 1989 COMMISSION DISTRICT: PLANNtlG,~,RVK~S PLANNER ASSIGNED: ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE !. General Information: {D U 9 9 1' 'lJ I.I 'I Name of Applicant (s ) St. paul ~ntiochian Orthodox Church, Alexander ~alem Applicant' s Mailing Address 8R67 Telv Island Circle City Naples State ~lorida Zip 34113-2609 Applicant's Telephone ~: (94!) 732-1537 Fax ~: (941) 732-0753 Name of Agent Blair A. Foley Firm Coastal Engineering Consultants, Inc. Agents Mailing Address 3106 S. Horseshoe Drive City :laDles State Florida Zip 34104 Agent's Telephone #: (941) 643-2324 Fax t: (941) 643-1143 ~ AGF,,.NDA APR 13 pi C3E.~C 9B. 293 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Alexander N. Salem 100% b T~ the property is owned by a 'CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name an~ Address, and Office Percentage of Stock N/A C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percon=age of In=crest ~ AGENDA AP~LICATIC~ FOR PUBLIC BEARING FOR COND~TICMAL 2 APR 13 1999 CE~C 9:9.293 _ d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership M/A e. If there is a CONTRACT FOR PURCHASE, with an individual cr 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 Percon=age of Ownership N/A Date of Contract: ^~._n ~rrJ~ APR 13 1999 pg./~' .... CEC 9~. 293 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired (X) leased ( ): July 31, 1998 Term of lease yrs./mos. if, Petitioner has option to b~y, indicate date of option: and date option terminates: , 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 responsibiiity of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. D~tailed legal description of the property covered by t, he 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 !" to 400' scale) if required to do so at the pro-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal ~--, AGENDA / ACEm 4 CEC 9R.293 description, an engineer's certification or sealed survey may be required. Section: 30 Township: 48 South Range: 27 East Lot: N/A Block: N/A Subdivision: N/A Pla~ Book 122__5 Page #: 1767 Property I.D. #: Metes & Bounds Description: -F of st one of :]~ ~ '~ east ~t~ o.,'_ ~,= ncrt~.h .... ~ .?.,~r~ !e=~_the 4. Size of property: 312 ft. X 669 ft. Total Sq. Ft. !74~240 Acres 5 5. Address/general location of subject property: South west comer of the intersection of ~kalee .~Dad and Rivers }bad. 6. Adjacent zoning and land use: Zoning Land use N A-MHO/CU vacant S GC vacant E A-T~O Limerock Poad (Pivers) W A vacant 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). APPLICATIC~ FOR P~BLIC ~ ~ ~ITI~ ~ APR 13 1999 5 CE~C 9q.293 Section: - Township: - Range: ' Lot: - Block: - Subdivision: - Plat Book - Page #: - Property I.D. #: - Metes & Bounds Description: ' 7. Type of Conditional Use: This application is requesting conditicnai use # 1 of the A district for ITYPE CF a church Present Use cf the Property: ginqle family home and vacant orooertv. (An existing DU-91-13 is in place on a portion of thej prooertv. We wish to remove this provisional use for this property. ) 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commissicn'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 ~hat further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach acklitional pages as may be necessary). 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 ~7 use element): This request is for provisional use }~ in t 6 CE~C 98. 293 - 8 a,~ricultural zoninq district, and is in accordance with the C1Dllier County Land Deve!onment Code and Future Land Use element. b.. Describe the existing cr pianed means cf 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: There is anexistirr3roadoermittinqin~ressand eqress. ~ere is also an existinq structure and existing oarkin~ lot on the property. -~b changes are to be made. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: No sicnificant i~DaCt will be made upon neighboring vacant prooerties. Services will be held at the church only one day per week resulting in .m/_nimal noise, glare, economic and odor effect on the surrounding areas. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The project site is isolated with no significant develounent surrounding the property. No changes are orooosed to the existing facilities. AGENOAITE~ CEC 9~. 293 - e. Please provide any additional information which you may feel is relevant tc this request. ~bne 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic ,~ or property owners association in the area for which this use is being requested in order to ascertain whether cr not the request is affected by existing deed restrictions. I0. 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 hear!ng? i!. Additional Submittal recXuirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless o~herwise waived during the proapplication meeting. a. A copy of the pre-application meeting notes; b. Ten (I0) copies of a 24" x 36" conceptual site plan [and one reduced 8~" x 11" copy of site plan], drawn to a maximum scale of i inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to AGENDA I'IT,.M i /7,,~ AP~LICATIOM FOR PUBLIC ~EARING FOR CO~DITICMAL USE Leg. J0 CE~C 98.293 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF APPLICANT: Alexander Salem 2. MAILING ADDRESS: 8867 Lelv Island Circle Naples CITY Florida ZIP 34113-2609 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 30 Township: 48 South Range: 27 Fast Lot: N/A Block: N/A Subdivision: N/A Plat Book 1225 Page #: 1767 Property ' I. D. #: Metes & Bounds Description: The west 100-feet of the east one-half of the north east quarter of the north ~st cuarter, less the north 100-feet right-of-~ay. 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM ~. 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PRIVATE SYSTEM (WELL) 15 Pg._ ,~./. CEC 9B. 293 7. TOTAL POPULATION TO BE SERVED: 30 oeople 8. PEAK AND AVERAGE DAILY DEMANDS: 10. SEWER-PEAK /O C~ AVERAGE DAILY 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process zo be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are go be used, then perco!ation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services bbundaries 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. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pro- 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. AGENDA ITEM ~PLI~TI~ ~R P~ILIC E~&RING ~i CONDZTIC!~L Un 16 APR 13 1999 ~ CEC 98. 293 We/I, ~-/XfJ~%pF~ ~'-~/Lf/~/being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. We/I further permit the undersigned to act as my/our representative in any matters regarding this Petition. NAME OF OWNER (Print or type) SIG~F~NE~~ NAME OF AGENT (Print or type) SIGNKTURE OF A~E NAME OF AGENT (Print or type) SIGNATURE OF AGENT State of Florida County of Collier The foregoing Application was acknowledged before me this who~,~~ersonall~/kno~6~ to me~or who has produced as identification and who did (did not) take an oath. , ~ ~N FOX ~YP~UC~ATEOF~R~A (Print Name of Notary Public) Serial/Comission f~ My Co~ission Expires: ~f~t 10/29/97/rJm ., APR 13 1999 17 ' " RESOLUTION 99-__ A RESOLUTION PROVIDING FOR THE ESTABLISI'-LMENT OF A ... CHURCH AND RELATED FACILITIES CONDITIONAL USE "7" IN THE AGRICULTLrRE ZONING DISTRICT PLq~SUANT TO - SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND ~-~ DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER - COUNTY, FLORIDA. ~-: WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter ""- 125, Honda Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning ~-~ and such business regulations as are necessary for the protection of the public; and X~q-IEKEAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations 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 heanng after notice as in said regulations made ~ and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.2.3. in an Agriculture " Zone for a church and related facilities 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 opportunity 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 Ms. Blair Foley of Coastal engineering consultants, Inc. representing Alexander ~ Salem with respect to the property hereinafter described as: --- Exhibit "B" which is attached hereto and incorporated by reference herein 'T~ be and the same is hereby approved for Conditional Use "7" of Section 2.2.2.3. of the Agriculture Zoning District for a church and related facilities in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: a. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Land Development Code (LDC). ~.-~, b. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the .: site, with emphasis on areas of retained native vegetation, shall be submitted to Current .-,a Planning Environmental Staff for review and approval prior to final site ~ ~ plan/consla'uction plan approval. ~ -- AGENDA ITEM APF 13 18g8 c. At time of SDP submittal the site plan shall show sidewalks extending from handicapped spaces to the building entrance. 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. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Mar3or~ M. Student Assistant County Attorney IYCU-90-1 RESOLUTION .z,~, FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-1 The following facts are found: 1.Section 2.2.2.3.7, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pl an: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ing~s & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects "~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi~in district Yes No Based on the above findings, this conditional use should, with stipulations (copy attached) (should not) be recommended for approval ,, , EXHIBIT "A" f/FINDING OF FACT C}{AIRMAN/ AGENDA ITEM APR 13 lggg FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-1 The fci!owing facts are found: _. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management ~n: Yes · No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ress Yes '/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w//-thin district Yes (/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) enot) be recommended for approval f/FINDING OF FACT MEMBER/ AGENOAI"F/~ APR 13 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-1 The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ress Yes ~' No C. Affects neighboring properties in relation to noise, glare, conomic or odor effects: i/~oNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /No Based on the above findings, thi onditional use should, with stipulations, (copy attached) ~no~ be recommended for approval DATE: 3 -, ~-~ MEMBER: f/FI~ING OF FA~ ME~ER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-1 The following facts are found: i. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pi~: Yes No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes t,/ No C. Affects neighboring properties in relation to noise, glare economic or odor effects: U/No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible useJ~NN~n district Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) ~cb,'~'~ ~ e recommen r DATE: ~,~/~ MEM f/FINDING OF FACT MEMBER/ APR 13 1999 FINDING %F FACT BY COLLIER C%UNTY PLANNING COMMISSION A C%NDITIONAL USE PETITION FSR Petition No.CU-99-1 The fo!lowzng facts are found: I. Section 2.2.2.3.7. of the Land Development Code authorized =he conditional use. 2. Granting the conditional use will not adversely affect the mubiic interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.:onsisEency with zhe Land Development Code and Growth Management P~n Yes :No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~r ~% Adequate ingress & e Yes C. Affe ts neighboring properties in relation to noise, gla e, economic or odor effects: fa~t'No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distr'ct: Compatible us~tDgn district Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) ('sl~~ be reco endedFfor approval E.J~ be~ f/FINDING OF FACT MEMBER/ , AGENDA ~TTc..M APR 13 1 99 p,._ ..3'0 _ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No.CU-99-t The following facts are found: _.Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~% Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~/~N~o affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval f/FI~ING OF FA~ ME~ER/ A~A APR I 3 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-1 The following facts are found: 1. Section 2.2.2.3.7,.. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" f/FINDING OF FACT CHAIRMAN/ AF'R 13 1999 LEGAL DESCRIPTION ACCORDING TO OFFICIAL RECORD BOOK 1225, PAGE 1767 (FURNISHED BY CLIENT) 'THE WEST 100' FEET OF THE EAST ONE HALF OF THE NORTH. EAST QUARTER OF THE NORTH EAST QUARTER OF THE NORTH WlEST QUARTER, LESS THE NORTH 1OO' FEET RIGHT OF WAY. SECTION 30, TOWNSHIP 48 SOUTH RANGE 27 EAST, COLLIER COUNTY, FLORIDA, And PROPE;RTY DESCRIPTtON.: (REF: OFFICIAL RECORDS BOOK 42t, PACES 436-4,37) THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4. OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP .4-8 SOUTH. RANGE 27 EAST, COLUER COUNTY, FLORIDA, LESS THE WEST 100 FEET AND LESS THE NORTH 100 FEET AND LESS THE EAST 10 FEET THEREOF. .~. /7/Z... APR 13 19~9 ! EXECUTIVE SUMMARY PETITION NO. V-99-2, STANLEY V. RICHARDS REPRESENTING WILLIAM AND TARA SPARACIO REQUESTING A 1.44 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 30 FOOT SIDE YARD TO 28.56 FEET FOR A SINGLE FAMILY RESIDENCE UNDER CONSTRUCTION. THE SUBJECT PROPERTY IS LOCATED ON 17TH STREET S.W. AND IS FURTHER DESCRIBED AS THE SOUTH 180 FEET OF TRACT 106, GOLDEN GATE ESTATES, UNIT 194. OBJECTIVE: The petitioner is requesting the above described variance for a single family home under construction. CONSIDERATIONS: The petitioner submitted an application for a building permit indicating a side setback of 30 feet on the south side. The Building Permit (1998111726) was issued on December 31, 1998. The County requires a 10-day spot survey, so that setback errors may be brought to the attention of the property owner at an early stage, without extensive reconstruction. In the 10 days prior to submittal of the spot survey, inspections may be scheduled at the property owner's risk, but may not be approved until submission and approval of the spot survey. The property owner apparently continued with construction until the spot survey was submitted on January 21, 1999, at which time the encroachment was identified. The Building Review & Permitting Director determined that no further work should be done on the house, pending the approval of a variance petition. The survey submitted with this variance request indicates a side setback of 28.56 feet which is 1.44 feet less than the required 30 feet. The Collier County Planning Commission reviewed this petition on March 18, 1999 and by a vote of 6-0 recommended approval of the variance. Staff has not received any letters in opposition to the granting of this request. This petition does qualify to be placed on the Summary Agenda. FISCAL IMPACT: None. ~. GROWTH MANAGEMENT IMPACT: . None. AGEI'I)A ITTr, M" APR 13 1999 PI. /, HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION; That the Board of Zoning Appeals approve V-99-2, A~NOA rrEM AP~ 13 1999 P~. ~ PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY:, RO~ALD F. NINO,'AiGP, MANAGER DATE OURRENT PLANNING SEGTION ; ~,~~ R MuLHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ' AGENDA ITEM .~, /~ B 3 APR 13 1999 AGENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: FEBRUARY 23, 1999 RE: PETITION V-99-2 AGENT/APPLICANT: Owner: William & Tara Sparacio 1400 Pompei Lane # 3 Naples, FL. 34103 AGENT: Stanley V. Richards Apple Construction Company, Inc./Orchid Homes, Inc. 2033 Trade Center Way Naples, FL. 34109 REQUESTED ACTION: The petitioner requests a 1.44 foot after-the-fact variance from the required 30 foot side yard setback for a principal structure to 28.56 feet, along the south property line to allow the completion of the structure. GEOGRAPHIC LOCATION: The subject property is located on 17th Street S.W. and is further described as the South 180 feet of Tract 106, Golden Gate Estates, Unit No. 194, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner submitted an application for a building permit indicating a side setback of 30 feet on the south side. The Building Permit (1998111726) was issued on December 31, 1998. The County requires a 10-day spot survey, so that setback errors may be brought to the attention of the property owner at an eady stage, without extensive reconstruction. In the 10 days pdor to submittal of the spot survey, inspections may be scheduled at the property owner's dsk, but may not be approved until submission and approval of the spot survey. The property owner apparently continued with ~jo"~{~ ~TEM until the spot survey was submitted on January 21, 1999, at whicl~ ti~ ~ /,.F~'~, 13 ~E)99 APR 13 encroachment was identified. The Building Review & Permitting Director determined that no further work should be done on the house, pending the approval of a vadance petition. The survey submitted with this variance request indicates a side setback of 28.56 feet which is 1.44 feet less than the required 30 feet. SURROUNDING LAND USE AND ZONING: Subject property: Single family house under construction; zoned Estates Surrounding: North - Vacant; zoned Estates East - ROW/single family residence; zoned Estates South - Vacant; zoned Estates West- Vacant; zoned Estates HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, 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. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Ptanning 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: a. 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 subject improvements could have been configured to fit on the property... with the required setbacks and the site plan submitted with the apptffirdllt~tTEM indicated that the proposed structure would meet required setbacks. APR I 3 I~99 2 b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No, a field error by the contractor is the cause of this encroachment. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is no land-related hardship. Denial of this vadance would cause financial hardship to the Petitioner. 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? Yes, the structure is existing and therefore would be the minimum variance required. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller side yard than would be permitted for a similar lot in the Estates zoning district. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this vadance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with the Growth Management Plan? th Approval of this vadance will not affect or change the requirements o' eNo r~o~ ~TEM Management Plan. ~ APR 13 15~9 3 GENERAL COMMENT: When dealing with side yard requirements in the Estates district, one must recognize that the thirty foot requirement is not uniform throughout all of the Estates zoning district. In fact a side yard may be as small as seven and one half (7.5) feet in the Estates district for non-conforming lots. The point staff is attempting to make is that as a result of historical land sales the pudty of the thirty foot side yard is abridged in a great number of places because of the large number of lots throughout the Estates district that have frontages of less than 150 feet. STAFF RECOMMENDATION: Due to the minimal impact this minor encroachment will have on the adjacent properties (currently vacant) staff recommends that the CCPC forward Petition V- 99-2 to the BZA with a recommendation for approval. APR I 3 1999 PREPARED BY: Chahram Badamtchian, Ph.D., AICP bATE Principal Planner WED BY' CURRENT PLANNING MANAGER HERE, AICP DATE PLANNING SERVICES DIRECTOR APP ED BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: V-99-2 Staff report for the March 18,1999 CCPC meeting. This Petition has been scheduled for the April 13, 1999 BZA Public Hearing. Collier County Planning Commission: ~E'F, CHAIRMAN APR 13 1999 5 RESOLUTION NO. 99- RELATING TO PETITION NL~'MBER v-99-2. FOR A V,~tlANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COL.rNTY. 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 W'HEREAS. 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 Wq-IEREAS, 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 1.44-foot ;,arianee from the required side yard setback of 30 feet to 28.56 feet as shown on the attached plot plan. Exhibit "A", in an "Estates" Zone for the property hereina~er described, and has found as a matter of fact that satisfactory. provision and arrangement have been made concermng 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 umncorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity. to be heard by this 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-99-2 filed by Stanley \:. Richards of Apple Construction, Inc., representing William & Tara Sparacio, with respect to the property hereinaf~er described as: The south 180 feet of Tract 106. Golden Gate Estates. Unit No. 194 as recorded in Plat Book 7, page 101 of the Public Records of Collier County, Florida. be and the same hereby is approved for a 1.44-foot variance from the required side yard setback of 30 feet to 28.56 feet as shown on the attached plot plan, Exhibit "A", of the Estates Zoning District wherein said property is located, subject to the following conditions: This variance shall only apply to the structures identified on the attached plot plan (Exhibit "A"). APR I 3 1859 ~ BE ]T RESOLVED that this Resolution relating to Petition Num0er V-99-2 be z recorded in the minutes of this Board. s This Resolution adopted after toonon. second and majority vote. 4 Done this day of . 1999. ~ ATTEST: BOARD OF ZONq'NG A.PPEALS - DV~qGHT E. BROCK. Clerk COLLIER COU,nqTY. FLORDA :: PAMELA S. MAC'KIE, Chairwoman L2 :s Approved as to Form and Legal Sufficiency: 14 25 :- Ma~.one M. Student ~ s Assistant Count' Attorney 7 ~ g \ -09-2 RESOLUTION APR I 3 3S99 Pg. // .... , · Z c=A:~, ', 00'19'~0" E ~80.00' ..~ "..~-~=,, ~ 'E~-- ~ ~ .... ~ , ' I 9~2' J ~: - . , DE TAIL I ~ ~I ,~n~..~ ......... ' ~ , ___ i N O0'19'10" E 180,~' E~- ~' (~SS~D) ~ ~= .~ ~ 17~. S~[ET S.W.. 50' ROAD EASEMENT =, ~ ~ ~) ~ ~,~,~t~t-~.,~.~,~~~t~. "~ 99-02 VARIANCE PETITION (VAj~dANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. ; V 9 9 - O 2 ' ' Date Petition Received: ABOVE TO BE COMt'LETED BY STAFF GENERAL INFOR3IATION: · Petitioner's Name: William and Tara Sparacio Petitioner's Address: 1400 Pompei Lane #3 Naples, FlOrida 34103 Telephone: 435 - 4537 Agent's Name: Stanley V. Richards Agent's Address: Apple Construction Company,. Inc./Orchard Homes, Inc_ 2033 Trade Center Way Naples, Florida Telephone: 598-1274 COLLIER COUNTY COMMUNITY DEVELOPMENT PL.adWNING SERVICES/CURRENT PLANNING AC.,E3~D,~ rt'EM 2800 N. HORSESHOE DRIVE- NAPLES, FL 34104 I~ ),~d PHONE (941) 403~2400/FAX (941) 643-6968 - · APR 13 1999 Application for Variance Petition - 8/98 Page of Spg.F /~ _ 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: Golden Gate Estateif,lnit..194 Lot (s) Block (s) Section Twp, Range Property I,D. # 459'11200006 Metes & Bounds Description: APR 13 1999 Application for Variance Petition - 8/98 Page of 8 Address of Subject Property: 991 17th Street Southwest (If different from Pe~tioner's address) Current Zoning and Land use of Subject Parcel: r~_~ i d~nf i a 1 Adjacent Zoning & Land Use: ZONING LAND USE N residential S residential ~V residential E residential Minimum Yard Requirements for Subject Property: Front: 7 5' Comer Lot: Yes [] No [] Side: 3 0' Waterfront Lot: Yes [] No [] Rear: 75 ' AGENDA No._~ APR 13 1999 Application for Variance Petition - 8198 Page: of 8 /~' Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount 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 is) if possible); why encroachment is necessary; how existing encroachment came to be; etc. As the owner/qualifier of Or~har~ NOmeS, Inc. and agent for William and Tara Sparacio, I am respectfully requestinq a one foot six inch side set b~k variance for the home currently under construction on the above mentioned owners' lot. As the General Contractors for William and Tara, we obtained their permit #1998111762 on December 31, 1998. Unfortunately a field error resulted in an encroachment on their South property line of approximately eighteen inches leaving 28.56' instead of the required 30' side set back. By the time we received the spot survey the construction had progressed through the trusses being set and the roof decked. Construction has now stopped. The Sparacios' purchased the lot on August 21, 1996 and entered into a contract with Orchard Homes, Inc. to build a single family home with a two car attached.garage on September 23, 1998. A~A f1T, M . No.~ AP! 13 1999 Application for Variance Petition - 8/98 Page 4 f8 pg._/~ Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Aretherespecia~c~ndi~~nsandcircumsmncesexistingwhicharepecu~iart~theI~cati~n~sizeand characteristicsoftheland, stmcmre, orbuildinginvolved. This property is located in Golden Gate Estatest 2.72 acres in size, and has larger set back requirements than are normally required on subdivision lots. 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. No 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, if this variance is not qranted, we will have to tear down the house and start over. The economic cost as well as the delay would create the above mentioned hardship. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or sWucture and which promote standards of health, safety or welfare. Yes, we are only 1.44' too close to ~h~ ]~ft prnp~r~y line, an encroachment of only .048%. AGENI)A I'T'[ I 3 1999 Application for Variance Petition - 8/98 Page 5 o 8 pg. /7' 5. Will granting the variance requested coffer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures m the same zoning district. No 6. Willgrantingthevariancebemharmonywiththemtentandpurposeofthiszonmgcode, andnotbe mjunoustotheneighborhood, orotherwisedetrimentaltothepublicwelhre. Yes, as the neiqhborinq properties are estate Size lots, and set backs are ample. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. Not applicable EXECUTIVE SUMMARY '~""' PETITION NO. PUD-98-19 ROBERT L. DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC. REPRESENTING BOYNE SOUTH U.S.A., REQUESTING A REZONE FROM RSF-3, GC, C-3 AND "A" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS BOYNE SOUTH FOR A MAXIMUM OF 154 SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS, A 64-UNIT MOTEL, A GOLF COLYRSE, CLUB HOUSE AND DRIVING RANGE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 EAST, APPROXIMATELY 5 MILES EAST OF C.R. 951, IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONTAINING 242.35 +/- ACRES. OBJECTIVE: The petitioner seeks to have the subject property rezoned from its current zoning designation of GC, C-3, RSF-3 and "A", to PUD, Planned Unit Development (PUD) for the purposes of integrating properties currently zoned to allow for commercial uses, golf course uses, and residential development into one (1) unified development. A maximum of one hundred twenty-seven (! 27) single family dwelling units will be permitted on the subject property until such time as Ordinance 9' the Collier County Growth Management Plan, becomes effective. At that time, a maximum ~ ; e hundred fifty-four (154) single family and multiple family dwelling units will permitted. The rezomng action to PUD will also permit the exclusive development of a hotel/motel on 4.0 acres of 6.63 acres of Tract B, which is currently zoned C- 3. The petitioner proposes to transfer 10 dwelling units per acre, or 27 units from the remaining 2.69 acres of Tract B, to other portions of the PUD. The remaining lands, left after the transfer of residential density "" from Tract B, will be used for open space or developed with recreational facilities to serve the motel, or the needs of residentially zoned land in the remaining portions of the PUD. The total number of dwelling units for the entire project, after the density transfer, will be 154 units or a gross density of 1.57 dwelling units per acre. CONSIDERATIONS: This petition if approved would in fact rezone an aggregation of lands currently zoned GC, C-3, "A" and RSF-3, to PUD, Planned Unit Development creating a unified development comprised of a mixture of single family and multiple family residential land uses, a hotel/motel, and a golf course and driving range with related facilities. The petitioner wishes to permit 4.0 acres of 6.69 acres of property, currently zoned C-3, to be developed for a 64-unit hotel or motel. The remaining 2.69 acres could be eligible for a density of up to 10 units per acre, or 27 units, which may be transferred to other portions of the Planned Unit Development. Remaining lands, left after the transfer of residential density, will be used for open space or recreational facilities to serve the motel or the needs of residentially zoned land in the PUD. Access to the project will be from the existing driveway located off of U. S. 41, between the existing golf driving range and the proposed commercial tract. An additional access point will be provided from U.S. 41 leading to Tract E, which is shown as single family residential on the PUD Master Plan. In summary, this 242.3 acre development proposal includes a maximum of 154 dwelling units at a gross density of 1.57 dwelling units per acre, an existing Golf Course and driving range, and a 4.0 acre hotel or motel site with 64 rooms adjacent to a 2.69 acre recreation area. The PUD Master Plan indicates that residential development tracts are primarily located along the eastern and southern boundaries of the development. The golf cqur..s,e an_d_ .---, driving range are existing. The golf course is centrally located, and the driving range and com}t~=bt:ltt lllf~ uses are located adjacent to U.S. 41, along the northern property boundary. Ingress and res~i~dT_~ APR 13 199~ provided via two (2) driveway entrances offofU. S. 41. The mad linking these two entrances will provide the primary access through the site to the residential development tracts and golf course on the north and ;outh sides of the main road. Development Standards - The proposed development standards for the project are similar to the C-4 zoning district standards which most closely characterizes the uses authorized by this district. However, building heights are limited to 35 feet. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. Assuming 10,000 square feet of commercial space per acre, based on the current zoning classification, at buildout, a residential or commercial project will generate the following amount of impact fees: Residential Analysis Current GC*, RSF-3, "A" Zoning District Proposed PUD District l~'urrent zoning/plat allows maximum 127 Proposed PUD will allow 154 sf/mf single family (sf) dwelling units dwelling units 127 s.f. x $578.00 (parks) = $73,406.00 154 s.f. x $578.00 (parks) = $89,012.00 'i~ s'~.i~ 154 s.f. x $180.52 (library) = $27,800.00 27 s.f. x .15 x 1000 sq. ft (fire) = 154 s.f. x .15 x 1000 sq. ft (fire) = 9,050.00 $23,100.00 127 s.f. x $1,778 (schools) = $225,806.00 154 s.f. x $1,778 (schools) = $273,812.00 127 s.f. x $1,379 (roads) = $175,133.00 154 s.f. x $1,379 (roads) = $212,366.00 127 s.f. x .005 x 1,000 (radon) = $635.00 154 s.f. x .005 x 1,000 (radon) = $770.00 127 s.f. x .005 x 1,000 (bldg code) = 154 s.f. x .005 x 1,000 (bldg code) = $635.00 $770.00 127 s.f. x $1.50 (microfilm) = $190.50 154 s.f. x $1.50 (microfilm) = $231.00 127 s.f. x 14.00 (EMS) = $1,778.00 154 s.f. x 14.00 (EMS) = $2,156.00 Total 127 s.f. du generate = $519,559.50 **Total 154 s.f. du generate = $630,017.00 * The Golf Course and Driving range are existing. ** This analysis assumes all 154 permitted dwelling units are single family and are undeveloped. AGEN . 'rrtM APR 13 1999 P~ .~ Current C-3 Zoning District Proposed PUD District Current zoning allows C~3 uses on 6.67 Proposed PUD will allow 64 unit hotel on acres (assume 10,000 sq. ft/acre) 4.0 acres (assume 10,000 sq. ft/acre) F.A./1,000 x $5,000 (road) = $333,500.00 F.A./1,000 x $5,000 (road) = $200,000.00 F.A. x 0.30 (fire) = $20,010.00 F.A. x 0.30 (fire) = $12,000.00 F.A. x 0.005 (radon gas) = $333.50 F.A. x 0.005 (radon gas) -- $200.00 F.A. x 0.005 (bldg code) = $333.50 F.A. x 0.005 (bldg code) = $200.00 F.A./1,000 x $250.00 (EMS) = $16,675.00 F.A./1,000 x $250.00 (EMS) = $10,000.00 Total 66,700 sq. ft. commercial = Total 40,000 sq. ft commercial = $370,852.00 $222,400.00 The proposed rezoning will decrease the impact fees received for commercial development by $148,452.00. The proposed rezoning will increase the impact fees received for residential development by $110,457.50, for a net total decrease in impact fees of approximately $37,994.50. 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: StafFs analysis indicates that the petitioner' s property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability M~tp. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Planning Commission's public hearing is set for April 1, 1999. Therefore, at the time of the writing of this executive summary, the public hearing before the Planning Commission had not been held. Staff anticipates a unanimous recommendation of approval from the Planning Commission. The PUD document reflects all of staff's concerns, which have been addressed through the review phase. Should the petition fail to qualify for the Summary Agenda, staff shall request in writing, that it be removed and placed on the Board's regular agenda. AGENDA 'I'T~..M ~./~'C..- APR 13 1999 ~ Pg. -.~ PREPARED BY: --""'SUSAN MURRAY, AICP ./4-/J- DATE CHIEF PLANNER REVIEWED BY: RONALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION ERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: NT A~ CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-98-19 Boyne South PUD This petition has been tentatively scheduled for the April 13, 1999 Board of County Commissioners Public Hearing. AGENDA ITEM APR 13 1999 F'g. /7/ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: MARCH 1, 1999 lIE: PETITION NO: PUD-98-19 BOYNE SOUTH OWNER/AGENT: Agent: Robert Duane Hole, Montes & Associates 715 Tenth Street South Naples, FL 34102 Owner: Boyne South, U.S.A. 108100 Royal Tree Parkway Naples, FL 34114 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of GC, C- 3, RSF-3 and "A", to PUD, Planned Unit Development (PUD) for the purposes of integrating properties currently zoned to allow for commercial uses, golf course uses, and residential development into one (1) unified development. The petitioner wishes to allow a maximum of one hundred twenty-seven (I27) single family dwelling units to be developed on the subject property until such time as Ordinance 97-67, the Collier County Growth Management Plan, becomes effective. At that time, a maximum of one hundred fifty-four (154) single family and multiple family dwelling units will permitted. The rezoning action to PUD will also permit the exclusive development of a hotel/motel on 4.0 acres of 6.63 acres of Tract B, which is currently zoned C-3. The petitioner proposes to transfer 10 dwelling units per acre, or 27 units from the remaining 2.69 acres of Tract B, to other portions of the PUD. The remaining lands, left after the transfer of residential density from Tract B, will be used for open space or developed with recreational facilities to serve the motel, or the needs ofresidentially zoned land in the remaining portions of the PUD. The total number of dwelling units for the entire project, after the density transfer, will be 154 units or a gross density of 1.57 dwelling units per acre. " AGENDA ;li, M i APR 13 1999 ~ ..... GEOGRAPHIC LOCATION: The 242.35 +/- acre subject site is located in Section 20, Township 51 South, Range 27 East. The irregularly shaped parcel abuts U.S. 41 to the northeast. Portions of the property are developed with a golf course and driving range. PURPOSE/DESCRIPTION OF PROJECT: This petition ifapproved would in fact rezone an aggregation of lands currently zoned GC, C-3, "A" and RSF-3, to PUD, Planned Unit Development. This action will create a unified development comprised of a mixture of single family and multiple family residential land uses, a hotel/motel, and a golf course and driving range with related facilities. Through the requested rezoning the petitioner wishes to permit 4.0 acres of 6.69 acres of property, currently zoned C-3, to be developed for a 64-unit hotel or motel. The remaining 2.69 acres could be eligible for a density of up to 10 units per acre, or 27 units, which may be transferred to other portions of the Planned Unit Development. Remaining lands, left after the transfer of residential density, will be used for open space or recreational facilities to serve the motel or the needs of residentially zoned land in the PUD. Access to the project will be from the existing driveway located off ofU. S. 41, between the existing golf driving range and the propc ommercial tract. The PUD Master Plan indicates an additional access point from U.S. 41 leading tc :.: E, which is shown as single family residential on the PUD Master Plan. In summary, this 242.3 acre development proposal includes a maximum of 154 dwelling units at a gross density of 1.57 dwelling units per acre, an existing Golf Course and driving range, and a 4.0 acre hotel or motel site with 64 rooms adjacent to a 2.69 acre recreation area. The overall development scheme as iljustrated by the PUD Master Plan indicates that residential development tracts are primarily located along the eastern and southem boundaries of the development. The golf course is centrally located, and the driving range and commercial land uses are located adjacent to U.S. 41, along the northern property boundary. Ingress and egress will be provided via two (2) driveway entrances off of U.S. 41. The road linking these two entrances will provide the primary access through the site to the residential development tracts and golf course on the north and south sides of the main road. SURROUNDING LAND USE AND ZONING: Existing: Portions of the subject property are vacant and portions are developed with a golf course and driving range. The site presently has an Agriculture (A), RSF-3, C-3 and GC zoning designation. Zoning Land Use Surrounding: North - A; U.S. 41 Vacant Agricultural; U.S. 41 R.O.W. South - A Vacant Agricultural East - A Vacant Agricultural --- West- A; MH Agricultural; Mobile Home _.. n,j. 2 GROWTH MANAGEMENT PLAN CONSISTENCY: The Boyne South Development was originally platted in 1975. The land which is the subject of this petition is designated Rural Agricultural on the Future Land Use Map of the Growth Management Plan. Previously, the site's RSF-3 and GC zoning districts were determined to be consistent with the County's Zoning Re-evaluation Program and Policy 3.1 K of the Future Land Use Element. The commercially zoned, C-3 tract, was recently granted an exemption based on the provision of the Zoning Re-evaluation Ordinance in 1998, therefore it is also consistent with the Future Land Use Element. The Agriculture zoning on which the golf driving range is located is also consistent with the Future Land Use Element because recreational facilities are permitted in both the Urban and Rural Area. Changes to the existing zoning previously found to be consistent with the Collier County Zoning Re-evaluation Ordinance, are governed by Policy 5.1 of the Future Land Use Element. Policy 5.1 of the 1989 Growth Management Plan only permits prior vested zoning to be changed if the current zoning is in the form of a Planned Unit Development (PUD). Since this is not the case with the subject property, the uses allowed by the zoning in effect at the time of the application for a rezoning to PUD shall remain in effect until the new Growth Management Plan is legally effective. The revised Policy 5.1, when legally effective, will allow changes to be made to prior zoning other than PUD provided the current zoning on the site is consistent with the Growth Management Plan. The proposed Policy 5.1 will permit zoning changes to these properties provided they are deemed cons. iStent with the Future Land Use Element via Policies 5.9 through 5.12, and provided the amount of commercial land use, industrial land use, permitted number of dwelling units and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11, are not increased. Although the density rating system does not apply to this site, there is a provision in the density rating system that allows for a density bonus of up to 16 dwelling units per acre of commercial zoning which is converted. The petitioner proposes to convert the current 6.69 acre, C-3 zoned portion of the site, reduce the commercial area to 4 acres, and develop the remaining portions (2.69) acres for recreational use. Because the Growth Management Plan (GMP) fails to provide guidance regarding the conversion of commercial zoning to properties for which the density rating system is not applicable, the petitioner purports that the only section of GMP which describes such a scenario is found in the Density Rating System and should apply. This section will allow a density bonus of up to 16 dwelling units per acre. The petitioner is requesting 10 dwelling units per acre for the 2.69 acres. Additionally, the petitioner presents a trip generation analysis comparing development of the site prior to the PUD rezoning, with the subsequent development after the rezoning, including the density bonus. This analysis indicates specifically, that the overall intensity of development allowed by the new zoning district is not increased as a result of the zoning change, thus could be considered consistent with the proposed Policy 5.1. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The projected density of 1.57 dwelling units per acre would be consistent with the density rating system contained in the FLUE provided the density rating system was applicable in this case. Since the site is located within the Agricultural/Rural designation of the Future Land Use Map and the D ncit,a 1~ .fino ~ AGENDKFrtI,,4 No./'.7C_., APR 13 1999 3 Pg- '7" System is only applicable to areas designated Urban and Urban Mixed Use, the density rating system is .-~ not applicable. Traffic Circulation Element - The ITE Trip Generation Manual indicates that the proposed petition will generate approximately 1,119 AADT. This represents a reduction of approximately 2,371 trips per day from the amount of site generated trips than can be generated under the existing zoning. Peak hour volumes were estimated using the growth rate established by the FSUTMS model which includes the existing/committed road and intersection improvements. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41 after trip assignments are made. In addition, this petition will not lower the level of service below the LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists US-41 as a 2-lane arterial road. The current traffic count for the segment fronting the project is 4,412 PSDT and is operating at LOS "B". The Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's Transportation Planning Database. It should be noted that this road segment is not projected to be deficient within the next 5 years. The planned and proposed improvements within the project's RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Access to the site is from the existing entrance offofU.S. 41. A second entrance point is proposed along the eastern point of the site. Policy 7.3 of the TCE requires the provision of safe and convenient on-site traffic flow and the need for adequate parking. Staff has reviewed the layout of the PUD Master Plan and finds the following: Since there is clear sight distance at this existing access point, the ingress/egress into the project should operate adequately. The Master Plan indicates that no interconnection points are provided to the property to the south, west or east. Therefore, this petition is deemed not consistent with Policy 7.2 of the TCE, however the BCC may find that an interconnection is not necessary and therefore this petition would be consistent with Policy 7.2. The final traffic circulation system design is subject to the Access Management Plan. Access will also be reviewed at the time of site development plant review (SDP) or preliminary subdivision plat review (whichever is required). Other Applicable Element (.s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if necessary. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map.. Therefore, no Historical/Archaeological Survey and Assessment is required. Aamo^ t~.u 4 APR 13 1999 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above referenced areas of critical concern has reviewed the subject petition. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. Jurisdictional reviews have resulted in the formulation of development commitments necessary to ensure compliance with the development regulations of Collier County. These development commitments have all been included in the PUD document and/or have been reflected on the PUD Master Plan. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition' s relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. AGENDA ITEM no. APR 13 1999 The subject property is located with the Agricultural/Rural Mixed Use future land use classification as .--- depicted on the Future Land Use Map of the Collier County Growth Management Plan. The site is located along U.S. 41, significantly east of the Urban Residential boundary. The property was originally subdivided in 1975. The PUD document indicates the proposed development plan for the 242 acre site is a mixed use residential development comprised of single family and multifamily residential land uses integrated with an existing golf course and golf driving range. The proposed master plan layout minimizes the location of residential land uses adjacent to U.S. 41. The PUD Master Plan shows the proposed location of future dwelling units concentrated on the external portions of the site; adjacent to lands zoned Agricultural, surrounding the existing golf course and an internal loop roadway. Portions of land abutting the golf course are not a part of this rezoning petition, although they are internal to the development. The site contains a developed, 17.86 acre existing golf course driving range and an undeveloped 6.69 acre piece of property zoned C-3, both adjacent to U.S. 41. Surrounding properties consist of undeveloped agriculturally zoned land. There is a small portion of property on the southwest side of the site zoned MH (Mobile Home) which is developed with mobile homes. A rezoning of the 6.69 acre portion of property currently zoned C-3, to PUD, with a limitation on development of four (4) acres to hotel/motel use should not be detrimental to surrounding properties. Although the original C-3 zoning district does not permit hotel/motel uses, the reduction in the amount of C-3 area by 2.69 acres, its subsequent conversion to recreation area, and the subsequent reduction in traffic through the limitation of uses, will result in a reduction in development intensity as it relates to traffic by approximately 2,321 trips per day. Open space, ingress/egress, landscape buffers, and other applicable development standards comply with the requirements of the Collier County Land Development Code. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other surrounding properties within the area. The proposed layout of the residential areas internal to the site, away from U.S. 41, the existing golf course and driving range, the proposed hotel location, and the required yards and landscape buffering, will serve to buffer the proposed residential development from future uses surrounding the site, as well as U.S. 41 to the north. Traffic: The ITE Trip Generation Manual indicates that the proposed petition will generate approximately 1,119 AADT. This represents a reduction of approximately 2,371 trips per day from the amount of site generated trips than can be generated under the existing zoning. Peak hour volumes were estimated using the growth rate established by the FSUTMS model, which includes the existing/committed road and intersection improvements. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41 after trip assigmnents are made. In addition, this petition will not lower the level of service below the LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists US-41 as a 2-lane arterial road. The current traffic count for the segment fronting the project is 4,412 PSDT and is operating at LOS "B". The Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's Transportation Planning Database. It should be noted that this road segment is not projected to be deficient within the next 5 years. The planned and proposed improvements within the project's RDI will ensure that the ado ~ted LOS ,--- standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of th: TCF~GElqDA rI'EM APR 13 1999 6 ~ P~-~/~ ~ Access to the site is from the existing entrance off of U.S. 41. A second entrance point is proposed adjacent to the eastern boundary of the site. Policy 7.3 of the TCE requires the provision of safe and convenient on-site traffic flow and the need for adequate parking. Staff has reviewed the layout of the PUD Master Plan and finds the following: Since there is clear sight distance at this existing access point, the ingress/egress into the project should operate adequately. The Master Plan indicates that no interconnection points are provided to the property to the south, west or east. Therefore, this petition is deemed not consistent with Policy 7.2 unless determined to be unnecessary which is otherwise recommended. The final traffic circulation system design is subject to the Access Management Plan. Access will also be reviewed at the time of site development plan review (SDP) or preliminary subdivision plat review (whichever is required). Utili_ty Infrastructure: Both a public sanitary sewer and municipal water supply is available to the property. All development must comply with surface water management requirements invoked at the time of site development plan approval. Summary: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from the current zoning designation of Agriculture (A), RSF-3, C-3, and GC to Planned Unit Development (PUD) and the PUD development strategy for mixed use residential single family and multifamily development surrounded by a golf course and driving range is consistent with the FLUE of the GMP by policy. 2. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with adjacent land uses at a density of 1.57 dwelling units per acre for a maximum of 154 dwelling units. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission forward a recommendation for approval of Petition PUD-98-19, Boyne South PUD to the Board of County Commissioners, pursuant to the Ordinance of Adoption and Exhibits attached thereto. AGENDA ITEM AP; 13 1999 7 --- REZONE FINDINGS FOR PETITION PUD # 98-19 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County. The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Agricultural/Rural on the FLUE to the GMP, but has been found ~..istent through the County's Zoning Re-evaluation program, Policy 3.1 K, the revised Policy 5.1 of ti i ure Land Use Element, and the Zoning Re-evaluation Ordinance in 1998.The Agriculture zoning on which the golf driving range is located, is also consistent with the Future Land Use Element because recreational facilities are permitted in both the Urban and Rural Area. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Summary_ Findings: Existing: The subject property is developed with a golf course and golf driving range and presently has an Agriculture (A), RSF-3, C-3 and GC zoning designation. North - A; U.S. 41 Vacant Agricultural; U.S. 41 R.O.W. South - A Vacant Agricultural East - A Vacant Agricultural West- A; MH Agricultural; Mobile Home 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The site is partially developed and has been subdivided for residential uses and a golf course since 1975. To the north, south and east properties are zoned for agricultural d~x;e'T~ AFR 13 1999 ,1 the west, properties are zoned for agricultural uses and mobile homes. The availability of adequate infrastructure and the partial development of the site justifies a rezoning action to PUD. 4. Whether existing district boundaries are i!logically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. The site is similar in area and shape to what was originally platted in 1975. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro/Con: Evaluation not applicable. Summary Findings: The proposed zoning amendment will not adversely affect living conditions in the neighborhood because the recommended development standards and other conditions for approval have been developed and designed to ensure the least amount of adverse impact on adjacent developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro/Con: Evaluation not applicable. 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. The reduction in area for Commercial land uses from 6.69 acres to 4 acres, coupled with the restriction on development for a hotel/motel use only, will result in a decrease in traffic equating to 2,321 trips per day. 8. Whether the proposed change will create a drainage problem; Pro: Required water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification always poses a threat for area-wide flooding under the mos 'ievet~~ event, unless countywide drainage improvements are made commensurate with urban in ensi~aticm. lo APR 13 1999 P(. Summa~ Findings: Every project approved in Collier County involving the utilization of land for some ',and use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area-wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary, Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro; Urban intensification typically increases the value of adjacent vacant or underutilized land. Con: None. Summa~ Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by many factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to a,~ owner as contrasting with the public welfare; AGEIIOA ITEM APR 13 1999 11 Pro/Con: Evaluation not applicable. Summary Findines: Since consistency with the Future Land Use Element of the County's Growth Management Plan is deemed to be in the public' s interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summa~ Findings: The subject property is not undevelopable under its current zoning designation. The petitioner's request is consistent with the Future Land Use Map in that the site is located in the Agricultural/Rural area, but was rezoned for urban type of development prior to the adoption of the Collier County Growth Management Plan. Portions of the subject site are already developed. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summa~ Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: This is a special purpose petition which involves establishing a development not otherwise available under the existing zoning scenarios. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation'not applicable. Summary Findings: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. The Golf Course and the driving range are already developed. Properties outside of the proposed PUD zoning classification, but physically within the project itself, arc currently subdivided and zoned to al,low residential land uses. Sewer and water service is available to the site. AGEN/~A ITEM /Tc 12 APR J 3 i999 17. The impact of development on the availability of adequate public facilities and services ~onsistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate. Public Facilities Ordinance, as amended. Pro/Con: Application not applicable. Summary Findings: Sanitary sewers and municipal water utilities are available to serve the development. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency. AGENDA ITEM ' No.~ 13 APF 13 1999 FINDINGS FOR PUD PUD-98-19 Section 2.7.3.2.5. of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro/Con: Evaluation not applicable. Finding: Past zoning actions as well as jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of Common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Agricultural/Rural on the FLUE to the GMP, but has been found consistent through the County's Zoning Re-evaluation program, Policy 3.1 K, the revised policy 5.1 of the Future Land Use Element, and the Rezoning Evaluation Ordinance in 1998.The Agriculture zoning on which the golf driving range is located, is also consistent with the Future Land Use Element because recreational f_a.cilities are permitted in both the Urban and Rural Area. 14 .--- 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. · Finding: The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e., golf course, preserves, lakes, etc.). External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by thi. .iect is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available A improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Development of the subject property is timely, because supporting infrastructure is available and deemed to be adequate. AGE~Ii::~A ITTr. M i] AF'R 13 1999 15 · ! 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. AGENOA ITEM APR 13 1999 PREPARED BY: HERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR xN'CENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. Petition Number: PUD-98-19, Boyne South PUD Staff Report for April 1, 1999 CCPC Meeting NOTE: This Petition has been tentatively advertised for the April 13, 1999 BCC meeting. COLLIER COUNTY PLANNIZNG COMMISSION: MICHAEL J. BRUET, CHAIRPERSON iA:3ENDA I't'EM '3 H~-~ Preserving and enhancing Flon'da's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC, ENGINEERS PLANNERS SURVEYORS October 2(5, 1998 Ms. Susan Murray Collier County Planning Services Current Planning Department 2800 North Horseshoe Drive Naples, Florida 34104 SUBJECT: Boyne South Rezone HMA File No. 98.32 Dear Ms. Murray: Attached are seventeen (17) copies of an Application for a Rezoning petition for a Planned Unit Development to be known as the Boyne South PUD, which includes 242.3 acres, and is located in Section 20, Township 51 South, Range 27 East, Collier 'County, Florida. (See attached location map.) Also included in the application is a check in the amount of $8,557.50, made out to the Collier County Board of Commissioners, to process the petition, which do~s uot include an Environmental Impact Statement. 1. EXISTING CONDITIONS The subject property was platted in 1975 and improvements, including sewer and water, have been in place for some time. Access to the subject property is provided from U.S. 41 through an existing entrance, which will continue to service the proposed development. A second access point is proposed along the eastern edge of the development, which has not been constructed, but FDOT is presently reviewing a permit request for this additional access point onto U.S. 41. AGENDA I'~ Ms. Susan Murray Boyne South Rezone HMA File No. 98.32 October 26, 1998 Page 2 The surrounding land use and zoning patterns are predominately vacant lands at the present time, however, lands immediately to the west of the subject property are partially developed with mobile homes and zoned MH. (See attached aerial photo.) Lands to the west of lands zoned MH and zoned agriculture in Sections 18 and 19 are proposed for the expansion of Fiddler's Creek, which is also known as Marco Shores, and will be developed with urban type uses. Lands to the south of the subject property are also part of the Marco Shores PUD and are limited to passive recreational uses. Lands to the east of the subject property are vacant and zoned for agricultural use. The subject property is presently zoned for four zoning districis, which include RSF-3, GC, (Golf Course), C-3, and Agriculture, for which a Conditional Use was previously approved for a golf driving range. 2. GROWTH MANAGEMENT PLAN The subject property is located in the Rural Area, as designated on the Future Land Use Map. The subject properties (RSF-3) Residential and Golf Course (GC) zoning was determined to be consistent with the County's Zoning Re-evaluation Program and Policy 3.1K of the Future Land Use Element. This is because the property with RSF-3 and GC zoning was improved at the time of rezoning evaluation. The commercial C-3 tract, presently existing on U.S. 41, was recently granted an Exemption, based on provisions of the Rezoning Evaluation Ordinance in 1998, and is, therefore, also consistent with the Future Land Use Element. The Agriculture zoning, for which the golf driving range is located on, is also consistent with the Future Land Use Element because such recreational facilities are permitted in both the Urban and Rural Area. In summary, the existing zoning can be found to be consistent with the Future Land Use Element of the Collier County Growth Management Plan. AGFJ'~A ITEM APe 13 1999 W :\ 19gB\9S03:\RLD\I STPUD\S~ ] 026d~c Ms. Susan Murray Boyne South Rezone HMA File No. 98.32 October 26, 1998 Page 3 Changes to existing zoning previously found to be consistent with the Collier County Rezoning Evaluation Program are governed by Policy 5.1 of the Future Land Use Element. Policy 5.1 of the 1989 Growth Management Plan only permits prior vested zoning to be changed if it is in the form of a Planned Unit Development, which is not the case with the existing zoning on the subject property. Therefore, the uses allowed by the zoning in effect at the time of this application for PUD zoning will remain in effect until the new Growth Management Plan is in place (Ordinance 97-67) and it's policy 5.1 that does allow changes to be made to prior zoning, in this case changes proposed to C-3, G-C and RSF-3 uses. The proposed Policy 5.1 is noted as follows: "All rezonings must be consistent with Growth Management Plan. Property zoned prior to the adoption of this plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties consistent by policy. Zoning changes to these properties will be permitted to these properties and to others deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11, are not increased." 3. PUD MASTER PLAN The PUD Master Plan includes 242.3 acres of the 338.3 acres presently contained in the Royal Palm Estates subdivision plat. The acreage omitted from the PUD Master Plan, and to remain zoned RSF-3 is either presently developed with single family homes or presently not under the ownership of Boyne South USA, and comprises about 96 acres of the 338.3 acres contained in the original subdivision plat. (See attached legal description.) The PUD Master Plan, therefore, has been structured in such a way that the golf course, residential tracts, and !4 AP2 13 1999 W:\I998\gg032\RLD\ISTPUD\SMSI026doc i ~'~ Ms. Susan Murray Boyne South Rezone HMA File No. 98.32 October 26, 1998 Page 4 commercial tracts are as contiguous to One another to the greatest extent practical so as to establish a cohesive a zoning district boundary. 4. THE REQUEST The request is to integrate commercial uses, the golf course driving range, residential development, and the golf' course, as noted, into one r' ',.ned Unit Development. More specifically, the request is to: 1) Allow a broader range of single family use types along the eastern edge of the Planned --- Unit Development than permitted by the RSF-3 District, and depicted as Tract "E" on the PUD Master Plan. (See Section 5.5 of the PUD Ordinance for proposed development standards.) 2) Permit 6.69 acres of property, proposed for C-3 uses on Tract "B", to be deleted from the Planned Unit Development after the new Growth Management Plan becomes effective in favor of more limited uses. The replacement uses for Tract "B" will include only one commercial use, which will be a 66-unit motel on 4.0 acres of the 6.69-acre commercial tract. The remaining 2.69 acres of Tract "B" will be eligible for a density of up to 10 units per acre or 27 units, and can be transferred to other portions of the Planned Unit Development. Remaining lands left, after the transfer of residential density from Tract "B", will be for open space or recreational facilities to serve the motel or the needs of residentially zoned land in the PUD. 3) The multi-family Tract "D", depicted on the PUD Master Plan, currently is permitted 43 .._. single family units, based on current RSF-3 zoning and the number of platted lots, and .PR 1999 W :X 1998',98032XRI, Dx. I S'FPU DXSM 81026 doc Ms. Susan Murray Boyne South Rezone HMA File No. 98.32 October 26, 1998 Page 5 will be the receiving zone for up to 27 multi-family units to be transferred from the commercial Tract "B". In summary, 127 dwelling units/platted single family lots are contained in portions of the subject property to be rezoned to PUD. These lots/units are depicted on Exhibit A, attached to this narrative and replicates the present subdivision plat. The total number of units resulting after the density transfer will be 154 units or a gross density of 1.7 dwelling units per acre. The following analysis demonstrates how incorporating the C-3, commercial and RSF~3, single family zoning presently existing on the subject property into the PUD can be found to be in compliance with the proposed Policy 5.1 of the Future Land Use Element, because it will result in a lessening of development intensity based on the following analysis. 5. MULTI-FAMILY USES TRIP GENERATION For the purpose of demonstrating compliance with Policy 5.1 of the proposed Future Land Use Element, 43 single family units are permitted by the present RSF-3 zoning on Tract "D" and are compared with 70 multi-family units proposed after the transfer of 27 units from the commercial Tract "B" to the multi-family Tract "D". The Sixth Edition of Trip Generation, published by the Institute of Traffic Engineers, notes that the Average Daily Traffic generated from a single family home is 9.57 average daily trips per unit. Therefore, the 43 single-family lots under the present RSF-3 zoning xvould generate 412 trips on Tract "D". APR 13 1999 W:\I998\gg032\RLD\ISTPUD\SM81026.doc Ms. Susan Murray "" Boyne South Rezone HMA File No. 98.32 October 26, 1998 Page 6 Under the proposed density transfer, a total of 70 multi-family dwelling units would generate 410 trips, based on a trip generation rate of 5.86 average daily trips per unit for a condominium or townhouse. Therefore, with the conversion of 43 single family units to 70 multi-family units, there is actually a small reduction in development intensity as it pertains to traffic when changes are made to RSF-3 zoning on Tract "D" by incorporating it into the PUD and allowing for multi-family use. Therefore, this change in use for Tract "D" from single family to multi-family use may be found to be consistent with the proposed Policy 5.1 of the Future Land Use Element. 6. COMMERCIAL TRIP GENERATION For the purpose of demonstrating a reduction in density on the commercial Tract "B", it is assumed that a 50,000 S.F. strip center or 10,000 S.F. per acre can easily be developed on five acres, permitted for commercial use. It is further assumed that a convenience store with 12 gas pumps can be accommodated on the remaining 1.69 acres. To demonstrate compliance with the proposed Policy 5.1 for changes in commercial uses on Tract "B", the strip commercial center and convenience store is compared with the trip generation from a 66 unit motel and the 27 multi-family uses to be transferred to Tract "D", as proposed by the PUD Ordinance. /?c,,, . 13 1999 W:x, I998,,g8032\RLD\i STpUD\SM81026.doc I pg. Ms. Susan Murray Boyne South Rezone HMA File No. 98.32 October 26, 1998 Page 7 COMMERCIAL TRIP GENERATION USE INTENSITY TRIPS I PASS-BY NEW TRIPS I. Strip Center 50,000 43* .25** 1,613 2. Convenience 12 pumps 163'** .25** 1,467 3,080 *43 AbT per 1,000 S.F. * *25 percent pass-by **'163 ADT per pump MOTEL/MULTI-FAMILY TRIP GENERATION USE INTENSITY TRIPS PASS-BY 'NEW TRIPS 1. Motel 66 units 9.11 * .25 451 2. M.F. 27 5.86** N.A. 158 709 '9.1'1 ADT per unit · *5.86 ADT per unit · **25 percent pass-by In summary, the conversion of assumed C-3 type uses to motel and multi-family use as proposed by the PUD will result in a substantial reduction in development intensity as it relates to traffic in the magnitude of 2,371 trips per day. Furthermore, internalizing the access to the motel on Tract "B" from within the project will result in a reduction of some impacts onto U.S. 41. Therefore, compliance with Policy 5.1 of the new Growth Management Plan may be established. AGENDA I'1T, M LPR 13 1999 W:\ 1998\98032\RLD\I STPUD\SM8 1026.doc Ms. Susan Murray Boyne South Rezone HMA File No. 98.32 October 26, 1998 Page 8 7. TRAFFIC IMPACT STATEMENT Because the PUD proposes a reduction in traffic and development intensity, a request for a waiver to prepare a more formalized Traffic Impact Study is requested as part of this rezoning petition, based on the information provided. 8. ENVIRONMENTAL CONDITIONS Because the ~ubject property has been previously filled and cleared and substantially developed with the placement of roads, infrastructure, and development of the golf course clubhouse and some single-family homes, a waiver from the requirement to prepare an Environmental Impact Statement is requested as part of this petition in accordance with the requirements of Section Division 3.8 of the LDC. In summary, the proposed commercial uses that will revert to motel use, upon adoption of the new Growth Management Plan, will result in a more compatible use of the property than unrestricted C-3 uses with adjacent uses in Boyne South in addition to reducing traffic impacts onto U.S. 41. Furthermore, the motel, which will be owned and operated by the developer of Boyne South USA and made an integral part of resort, will be complimentary to other planned uses in the PUD, including the golf course club houses and golf driving range. In addition, development standards proposed for commercial and residential uses in the PUD may also be found compatible with standards proposed for uses, both internal and external, to the project, based on conditions surrounding the property. Therefore, for the foregoing reasons, I trust you AGE. NI:)A ITEM No. APR 13 1999 W:\ ] ':)9~\98032\RLD\ I STPU D',S~ 8 ! 026.doc Ms. Susan Murray Boyne South Rezone HMA File No. 98.32 October 26, 1998 Page 9 will find the proposed PUD zoning appropriate for the subject property and in compliance with the existing and pending Collier County Growth Management Plan soon to be effective. If you require any additional information, please don't hesitate to contact me. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. Robert L. Duane, A.I.C.P. Planning Director P, LD/dj Enclosures cc: Amy Prange .. [] a' i' DEVEOPMENT AREA ~,.~ _--- LOTS )o __, .:~. . BOYNE USA SOUTH ~'~"'/~'~'~'~"'~ "~ '~ '~" '-...~... ~ ~-. - .~-.., <e.,> =.,-..,?Development Areas PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING .FOR REZONE AND CONDITIONAL USE REQUESTS PLANNED UNIT DEVELOPMENT REQUESTS COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING 1. Name of Applicant(s) Boyne South U.S.A. Applicant's!Ma!ling Address 18100 Royal Tree Parkway City Nap~les i~ State Florida Zip 34114 Applicant's Telephone Number: Res.: (941)352'6717Bus-: (941) 732-0034 Is the applicant the owner of the subject property? X = Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockho!de~s below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. bel6w. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actua~ owners if not indicated on the lease. (f) If appiica~t.is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Amy Kirchner Prange Stephen M. Kirchner, Everett F. Kirchner (If space is inadequate, attach on separate page.) 2. Name of Agent Rober~ Duane Firm Hole, Montes &Associates Agents Mailing Address 715 Tenth St. South Florida 34102 City Naples State Zip Telephone Number~ ReS.: Bus.: (941) 262-461~~ ,. '~' ~. 1 -- 10: REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): See cover letter. 11- IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? Yes X .No IF YES, PROVIDE COPY OF THE DEED RESTICTIONS. 12. IS THIS REQUEST A RESULT OF A VIOLATION? NO IF SO, TO WHOM WAS THE NOTICE SERVED? 13.HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, INr WHOSE NAME? No 14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY? Yes TYPE: CBS__, FRAME X , MOBILE HOME , OTHER Clubhouse and commercial driving range. AFFIDAVIT ,We', ~r/~q~A ~{. ;~,rc~'l/Tr~ being first duly sworn, depose and say/ that I ~m 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, and all sketches, data, and other Supplementary matter attached to and made a part of this application, are honest and true to the best of--our knowledge and belief. I understand this application must ;ompleted and accurate ~efore a hearing can be advertised~ I ~ _ther permit the undersigned to act our ?resentative in any ~,'~ matters regarding this-Peti..tion. ~, - t~~,, SIGNATURE OF AGENT C State of Florida County of Collier The foregoing Application was acknowledged before me this Q day of ~ID~f/~Z~L ' , 19928by ~nqc~ ~. ~K~lZ~ , who i personally kno~ to me or who has prodLfced as; identification and who did (did not) take an oath. (Signature of ~otary Public) SD~L C!ff~%'Ff~ A . rq~tcy~P,~,vcH (Print Name of Notary Public) ; ,' NOTARY PUBLIC AGENDA ITEM · Serial/Commission f# ~,~ ~9 C.,HRISTA L MAttCAR :" ,~,,,,,~,~.,~ R 13 1999 REZONg/CU A~LICA~iON/md/?/27/g2 MY ,. "' !.'3 o~ ~.o . ~, ~'~. ~ . 3 .. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequa..te, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit copies of. survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 20 TOWNSHIP 51 South ~RANGE 27 East 4. Size of property irregular ft. X irregular' ft. Acres 242 5. Address or location of subject property .south of US 41, 18100 Royal Tree Parkway, Naples, FL 34114/Tract B Royal Palm Golf Estates 6. Existing land elevation County F~ood Criteria Elevation 7 ~ 7. a. Date subject property acquired ( ) or leased ( ): day of , 19 95- i Term of lease .yrs./mos. b. If, Petitioner has option to buy, indicate date ~ option: N.A. and date option terminates: , 8. Does property owner own contiguous property to the subject property? If so, give complete legal~desGription of entire ~ contiguous property. (If space is inadeqdate, attach on separate page). Yes - Five Acres Adjacent to Royal Palm Golf Estates along west property line. See attached legal description. .: 9. THIS APPLICATION IS INTENDED TO COVER: (Ch'eck which type of petition' your are requesting): = A. REZONING: PRESENT ZONING ~'F~33 REQUESTED ZONING PUD FOR Eolf course, commercial use, A'~ and sinEle and mnlt~-~am~]y ~,se. B. CONDITIONAL USE OF ZONING- FOR · " ;' AGENDA ITTr_..M APR 13 1999 1 ORDINANCE NO. 99- 2 3 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER 5 COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE 6 COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED 7 AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL 8 ZONING ATLAS MAPS NUMBERED 1720N and 1720S; BY CHANGING THE .~ ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY lo FROM RSF-3, GC, C-3 AND "A" TO "PUD" PLANNED Lq',JIT DEVELOPMENT 3.3. KNOWN AS BOYNE SOUTH FOR A MAXLMUM OF 154 SINGLE FAMILY AND 3.2 MULTI-FAMILY DWELLING UNITS, A 66 UNIT MOTEL, GOLF COURSE, CLUB- 3.3 HOUSE AND DRIVING RANGE, LOCATED ON THE SOUTH SIDE OF U.S. 41 14 EAST, APPROXIMATELY 5 MILES EAST OF C.R. 951, IN SECTION 20, 3.5 TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, 3. 6 CONSISTING OF 242.35+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole, Montes and Associates, Inc., representing Boyne South U.S.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described 2 0 real property; 21. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, 22 Florida: 23 SECTION ONE: 24 The zoning classification of the herein described real property located in Section 20, Township 51 South, 25 Range 27 East, Collier County, Florida, is changed from RSF-3, GC, C-3 and "A" to "PUD" Planned Unit Development in accordance with the Boyne South PUD Document, attached hereto as Exhibit "A" and incorporated 27 by reference herein. The Official Zoning Atlas Maps numbered 1720N and 1720S, as described in Ch'dinance 28 Number 91- 102, the Collier County Land Development Code, are hereby amended accordingly. 29 SECTION TXVO: 30 This Ordinance shall become effective upon filing with the Department of State. 31 32 PASSED AND DULY ADOPTED by the Board of County Comrmssioners of Collier County, Florida, this 33 day of 1999. 34 35 BOARD OF COUNTY COMMISSIONERS 36 COLLIER COUNTY, FLORIDA 37 38 39 ATTEST: 40 BY: 41 PAMELA S. MAC'K/E, CHAIRWOMAN 42 DWIGHT E. BROCK, Clerk 43 44 45 46 Approved as to Form 47 and Legal Sufficiency 48 49 51 Marine M. St:uaent --- 52 Assistant County Attorney 53 54 g/PUD-gS-19 ORDn~ANC~, I AGENDA ITEM ' ~ APR 13 1999 -1- THE BOYNE SOUTH PLANNED UNIT DEVELOPMENT Exhibit A Prepared by: Hole, Montes and Associates, Inc. 715 Tenth Street South Naples, Florida 34102 ~ i C~ HE ~ XVJ ~ E2~) (941) 262 4617 ~AR ~ 2 ~999 HMA File No. 98.32 PUD98.. 19 "':',, March 1999 i t,PR 13 1999 Pg ~,~ TABLE OF CONTENTS PAGE SECTION 1 Statement of Compliance 1 SECTION 2 Project Ownership, Legal Description, Short Title 3 and Statement of Unified Control SECTION 3 Statement of Intent 4 SECTION 4 General Development Regulations 5 SECTION 5 Permitted Uses & Dimensional Standard: .... .'_esidential Development 9 SECTION 6 Permitted Uses and Dimensional Standards for Commercial Development 12 SECTION 7 Permitted Uses and Dimensional Requirements for Golf Course and --- Golf Driving Range 14 SECTION 8 Environmental Requirements 16 SECTION 9 Transportation Requirements 17 SECTION 10 Utility and Engineering Requirements 18 EXHIBITS Exhibit A Conceptual PUD Master Plan Exhibit B Legal Description SECTION 1 STATEMENT OF COMPLIANCE The development of approximately 242.35 acres of property in Collier County, as a Planned Unit Development, to be known as Boyne South, will be in compliance with the goals, objectives, and policies of Collier County, as set forth in the Growth Management Plan. The residential and commercial facilities of Boyne South will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is within the Agriculture/Rural Area Land Use Designation as identified on the Future Land Use Map as required in Objective 1, and Policy 5.1 of the Future Land Use Element. 2. The residential zoning on the subject property at the time of application for rezoning has been found to be consistent with the County' s Rezoning Evaluation Program and Policy 3.1K of the Collier Count9 Growth Management Plan, based on improvements in place to the property, at that time. 3. The C-3 Commercial zoning on the subject property at the time of this application for rezoning was granted an exemption in 1998 from the County's Rezoning Evaluation Program based on off-site improvements conveyed to Collier County. Therefore, commercial uses proposed at the time of rezoning may be found consistent with the Future Land Use Element. 4. The proposed conversion of commercial zoning to residential multi-family and the transfer of multi-family land uses to previously zoned RSF-3 uses in the proposed PUD may be found consistent with the FLUE EAR Amendments but not yet legally effective at the time of adoption of this Ordinance. This is because proposed changes to Policy 5.1 of the Future Land Use Element allow changes to existing zoning not in the form of PUDs, provided they result in a reduction of development intensity. Therefore, changes to the existing zoning as proposed that reduce development intensity may be found consistent with the proposed (FLUE EAR Amendments). 5. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 6. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. t.,9 13 1999 \\Hmanaples\W~1998\I9980321LD\lSTPUDXPUD.doc 1 :i Pg. ~-_~7 _. 8. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. 1 .H and L of the Future Land Use Element. 9. The project is compatible with adjacent land uses through the internal arrangements of structures, the placement of land use buffers and the proposed development standards contained herein. 10. All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. (Division 3.15 of the LDC). i3 i999 \\Hma naples\WF',1998\1998032\RLP\ l STPUDXPUD.doc ') ~ - , ,~ SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 Property Ownership The subject property is under the ownership of Boyne South, U.S.A. 2.2 Legal Description See Exhibit "B". 2.3 Short Title This ordinance shall be known and cited as the "Boyne South Planned Unit Development Ordinance". 2.4 General Description of Property . The property is located approximately three miles east of County' Road 951 and south of U.S. 41. The zoning of the property prior to the rezoning to PUD was "A", Rural Agriculture with a Conditional use for a Golf Course driving range; RSF-3, Single Family; G.C., Golf Course and C-3, Commercial Intermediate District. The project is developed with a series of stormwater retention lakes with interconnecting swales and pipes. Stormwater flows from north to south where stormwater finally discharges from the two southernmost lakes through two water control structures into a spreader waterway along the south side of the project. The project's water management system also intercepts waters that drain from U.S. 41 and lands to the north. These waters flow through the project's water management system. 2.5 Statement of Unified Control It is the intent of Boyne South U.S.A. to establish a Planned Unit Development on 242.35 acres in Section 20, Township 51 South, Range 27 East, Collier County, Florida. The subject property, as depicted on the PUD Master Plan, is under unified control and ownership for the purpose of obtaining PUD zoning. AGENDA No.~ APR 13 1999 \XHma_naples\WFXI998\1998032XRLD\ISTPUDXPUD.doc 3 pg.__ .~ ? SECTION Ill STATEMENT OF INTENT 3.1 Introduction It is the intent of the developer to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project is comprised of 242.35 acres and is located on the south side of the East Tamiami Trail (U.S. 41) in Section 20, Township 51 South, Range 27 East. The Planned Unit Development will include a golf driving range that is existing on the west side of the entrance into the project and a motel that is proposed to be developed on the east side of the entrance into the project. The project further includes an existing golf course, a water management system comprised of a series of lakes, a club house, and residential tracts, which will include both single and multi-family land uses, as depicted on Exhibit A, the PUD Master Plan. Because of the pattern of ownership existing at the time of the application for this Planned Unit Development, some existing single family lots fronting on the golf course and on adjacent properties are not contained within this Planned Unit Development and will retain their existing RSF-3 zoning designation as iljustrated on the PUD Master Plan. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains a total of six (6) development tracts consisting of the golf course, and development areas for single, multi- family and commercial use, including road right-of-way. The Master Plan is designed to be flexible with the placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, the LDC and local, state and federal permitting requirements. Tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. Final lot configurations will be determined during the Preliminary Subdivision Plat review process. B. The anticipated time of build-out of the project is approximately six (6) years from the time of issuance of the first building permit. AGEND A ITEM APR 13 1999 \\Hma_naples\WP\I998\Igg8032\RLD\ISTPUD\PUD.doc 4 pg. SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations to be applied to the development and use of the Boyne South Planned Unit Development and Master Plan. 4.1 General A. Regulations for development of the Boyne South PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Boyne South PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. i', kPR 13 1999 \\Hma_naples\WP\1998\1998032\RED\ISTPUD\PUD.doc 5 ~ --- 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC. 4.5 Project Plan Approval Requirements Attachment "A", PUD Master Plan, constitutes the r: ,' ::d PUD Development Plan. All division of property and the development of the la~ .,hall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the Final Subdivision Plat when required by the subdivision --- regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans of the LDC, shall be applied to all platted parcels, where applicable. 4.6 Provision for Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. AGEND A ITEM No, /~'~__-- 13 1999 '~\Hma_napIes\WPXI998\1998032XRLD\ISTPUD\PUD.doc 6 pg. ,/7Z~2 B. A schedule to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said schedule shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset and Monitoring Provisions The Boyne South PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans, and Section 2.7.3.6, Monitoring Requirements. 4.8 Polling Places Any community recreation/public building/public room or similar common facility located within the Boyne South PUD may be used for a polling place, if determined necessary by the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. 4.9 Native Vegetation Retention Requirements Pursuant to Section 3.9.5.5.3 of the LDC, twenty-five (25) percent of the native vegetation shall be preserved where applicable. 4.10 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the homeowners' association, together with any applicable permits and conditions from applicable local, state, or federal permitting agencies. 4.11 Landscaping Requirements All landscaping requirements, buffers, walls, and berms, shall be developed in conformance with the requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering. 4.12 Open Space and Common Areas Open spaces shall be provided as required by Section 2.6.32 of the LDC. 4.13 Signs As provided for within Section 2.5 and 2.8 of the Collier County LDC. ~ AGENDA ITEM "L'Llma-naPlCs\WI~I998\lggS032\I~LD\lSTPUD\PUD.d°c 7 i pg. ,__ 4.14 Architectural and Site Design Standards All commercial structures on Tract "B" shall be developed in conforrnance with the requirements of Division 2.8 of the LDC. 4.15 Archaeol.ogical Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. 4.16 Parking All parking shall be in conformance with Division 2.3, Off-street Parking and Loading, of the LDC. AGENDA ITEM ,, APR 13 1999 \\Hma naples\WP%IggS\I998032\RLD\ISTPUD\PUD.doc g SECTION V PERMITTED USES & DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT, TRACTS D AND E 5.1 Purpose The purpose of this section is to identify the permitted uses and development standards for areas within Boyne South designated for residential development on the PUD Master Plan. 5.2 Residential Development Intensity currently consistent with the 1989 Growth Management Plan A maximum of one hundred twenty-seven (127) single-family dwelling units are permitted to be developed on the subject property. 5.3 Residential Development Intensity consistent with the Proposed 97-67 (FLUE EAR Amendments) At the time or after the FLUE EAR Amendments become legally effective, twenty-seven (27) dwelling units shall be transferred from Tract "B" (the commercial area) from 2.69 acres at a density of ten (10) dv,:elling units per acre onto Tract "D", which is the area designated for multi-family development on the PUD Master Plan, Exhibit A. A total; therefore, of one-hundred fifty-four (154) dwelling units, at least twenty-seven (27) of which shall be multi-family, will be permitted for the subject property upon the legal effectiveness of the FLUE EAR Amendments. (See also Section VI of this PUD ordinance). 5.4 General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT USE ACRES A Driving Range 17.86 B Commercial*' 6.69 C Golf Course 155.80 D Multi-Family 24.77 E Single Family 25.83 R Right-of-Way 11.40 242.35 *See also Section VI of this ordinance for permitted commercial uses, which will require 2.69 acres of the commercial area to remain in open space after density transfer. APR 13 1999 \\Hma_naples\WPX 1998\1998032\RLD\I STPUD\PUD. doc 9 .... The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. 5.5 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Principal Uses: (a) Single Family Detached Dwellings (b) Zero-Lot Line Dwellings (c) Two-family and Duplex Dwellings (d) Townhouse Dwellings (e) Multi-family Dwellings (f) Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be ,--- compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities, maintenance facilities and clubhouse. 5.6 Development Standards 1. The following Table 1 sets forth the development standards for residential areas at such time as Ordinance 97-67 (FLUE EAR Amendments) becomes legally effective. Prior to the legal efti:ctiveness of the FLUE EAR Amendments, the standards of the RSF-3 Zoning District set forth in Section 2.2.4 of the LDC shall apply to single-family residential, which shall be the only type of residential structure permitted. TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS TRACTS D AND E PERMITI'ED USES SINGLE FAMILY ZERO LOT LINE TWO FAMILY & TO~NHOUSE MULTI-FAMILY AND STANDARDS DETACHED DUPLEX DWELLING Minimum Lot Areas 6,000 S.F. ~ 5.000 S.F. 3,500 S.F.u~ 3,000 S.F. per du. I AC Minimum Lot WidthI~ 60 50 35 30 150 Front Ym-d 25 20 20 20 25 Side YardI' 7.5 '~ 0 or 10 0 or 7.5 0 or .5 BH' 0 or .5 BH Rear Yard Principal 20 I 0 20 20 BH Rear Yard Accessory. 10 5 10 10 10 Maximum Building 35 35 35 35 35' Height Distance Between 15 10 15 .5 SBH" .5 SBH Structures Floor Area Min. (SF) 1200 1200 1200 1000 600 i, ~Each half of a duplex unit requires a lot area allocation of 3,500 S .F. for a total minimum lot area of 7,000 S.F. i"~Minimum lot width may be reduced by 20 percent for cul-de-sac lots provided minimum lot area requirement is still maintained. I'lAccessory. uses such as pool enclosures may be attached to principal uses. I~lWhere the zero (0) feet yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (0) feet yards may be used on either side of a structure provided that the opposite ten (10) foot side yard is provided. 'BH - Building Height "SBH - Sum of Building Heights 2. Zero-Lot Line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying the development standards under Table 1. Zero-Lot Line dwelling shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, which conforms to the requirements of Collier County Land Development Code, Article 2, Division 2.6.27. The first dwelling unit constructed in a series of zero lot line developments shall establish the zero lot line side for that tract or series of zero lot line dwellings. 3. Only one residential dwelling unit type shall be permitted on any tract designated for residential use. Where different dwelling unit types are planned on adjoining tracts, they shall be separated by recreational facilities, common areas, or landscape buffers. 4. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-of-way. ~?" 'AGaNDA i~ /-,P2 13 1999 \XHma_naples\WPXI998\I998032\RLD\lSTPUDXPUD.doc 11 Pg. SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT AND OPEN SPACE/RECREATION DEVELOPMENT FOR TRACT B The purpose of this Section is to set forth the permitted uses and development standards for Tract "B", the area within the Boyne South PUD designated for commercial use and open space/recreation use which comprises 6.69 acres. Upon or after the legal effectiveness of the FLUE EAR Amendments, 2.69 acres of Tract B shall be converted to residential use at ten (10) dwelling units per acre, with the ability to transfer residential units to Tract "D" designated for multi-family use on the PUD Master Plan. After the transfer, the remaining 2.69 acres shall only be permitted to be developed with open space and recreational uses. 6.1 Permitted Principal Uses and Structures and Development Intensity currently consistent with the 1989 Collier County Growth Management P! No building or structure or part thereof, shall be erec'. altered, or used, or land or water used, in whole or part, other than the following: 1. All of the permitted uses in the C-3 Zoning District of the LDC that are in effect on .---- the date of approval of this PUD, are permitted for Tract "B" until such time as Ordinance 97-67 (FLUE EAR Amendments) become legally effective. 6.2 Permitted Principal Uses and Structures and Development Intensity Permitted upon legal effectiveness of FLUE EAR Amendments 1. The only permitted commercial use for Tract "B" is for hotel or motel use on four (4.0) acres with a maximum density of sixteen (16) units per acre or sixty-four (64) motel or hotel units upon the legal effectiveness of the FLUE EAR Amendments. 2. The balance of Tract "B" remaining after the development of the hotel or motel use on four (4) acres and after the transfer of residential density from 2.69 acres, shall be permitted to be developed with open space and recreational uses, such as tennis courts, swimming pools, and other recreational amenities to serve the motel or hotel and other planned residential uses. 6.3 Permitted Accessory Uses and Structures Uses and structures that are accessory and incidental to C-3 uses pursuant to Section 6.1 above, or the permitted hotel or motel use pursuant to Section 6.2 above, including open space and recreational amenities, such as pools, tennis courts, and play areas are permitted. [ "'~'~'~GENDA rmcM N,'>. /,? i 13 1999 \~Ima_naplcs\W'P\I998\]998032~_LD\ISTPUD\PUD.doc ]2 i Pt~, , 6.4 Dimensional Standards for Permitted Uses The following requirements set forth the development standards for the commercial area at such time as Ordinance 97-67 (FLUE EAR Amendments) becomes legally effective. Prior to the legal effectiveness of the FLUE EAR Amendments, the standards of the C-3 Zoning district, set forth in Section 2.2.14 of the LDC, in effect as of the date of adoption of this PUD, shall apply. 1. Minimum lot area: One-half(I/2) acre. 2. Minimum lot width: One hundred (100) feet. 3. Minimum yard requirements: a. Front yard: twenty-five (25) feet. b. Side yard: fifteen (15) feet. c. Rear yard: twenty-five (25) feet. d. Any yard abutting a residential parcel: twenty-five (25) feet. 4. Maximum height: Thirty-five (35) feet. 6.5 Dimensional Stani~ards for Accessory Uses shall be as required in Section 2.6.2, of the LDC. SECTION VII PERMITTED USES AND DIMENSIONAL REQUIREMENTS FOR GOLF COURSE AND GOLF DRIVING RANGE, TRACTS A AND C 7.1 Purpose The purpose of this Section is to set forth the regulations for the areas designated as Golf Course, Tract C, and comprising 155.80 acres, and for the Golf Driving Range, Tract A, comprising 17.86 acres, both of which are designated on the PUD Master Plan, Exhibit A. 7.2 Permitted Uses and Structures No building or structure, or pan thereof, shall be erected, altered, or used, or land or water used, in whole or in pan, for other than the following: A. Permitted Principal Uses and Structures ----- Golf Course, Tract C Golf Driving Range, Tract A B. Permitted Accessory, Uses and Structures 1. Pro shops with equipment sales up to 1,000 square feet in size; restaurants with a seating capacity of 150 seats or less and shall serve patrons no later than 10:00 P.M. intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 2. Recreational facilities that serve as an integral pan of the permitted use, including but not limited to clubhouse community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms. 3.Multiple tennis courts, shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation common to a country club. 4. Roads, pathways, accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures, water management facilities, maintenance shops and equipment storage facilities and non-commercial plant nurseries. AGENDA ITEM - APR 13 1999 \\Hma_naples\WPN 1998\ 1998032\RLD\ 1STPUDXPUD.doc 14 ~ 7.3 Property Development Regulations A. General Requirements a) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buf/~r areas. b) Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. B.Maximum Height of Structures Two (2) stories, or thirty-five feet. C.Hours of Operation The driving range shall be operated during da,vtime hours only. AGEN~A ITEM .o, APR 13 3999 \\Hrna_napIes\WP\I998\I998032\RLD\lSTPUD~PUD.doc 15 i Pg- SECTION VIII ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. 8.1 The developer shall be subject to all environmental ordinances in effect at the time of site development plan or subdivision approval. 8.2 Native vegetation preservation shall be subject to the requirements of Section 3.9.5.5.3 of the LDC, and all other pertinent requirements of Division 3.9, Vegetation Removal, Protection and Preservation, of the LDC. 8.3 The developer shall obtain and submit documentation of all necessary local, state, and federal permits at the time development orders are requested. 8.4 The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to historical and archaeological resources in the event they are contained on the property. SECTION IX TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project developer. 9.1 The developer shall provide arterial street lighting at the project entrance. Said improvement shall be in place prior to the issuance of any Certificate of Occupancy. 9.2 The road impact fee shall be as set forth in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of County Commissioners. 9.3 Internal access improvements shall not be subject to impact fee credits. 9.4 All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 9.5 Access to the commercial Tract B shall be from the internal access road into the project only as depicted on the PUD Master Plan. 9.6 Two access points shall be permitted onto U.S. 41 as depicted on the PUD Master Plan, one of which is presently existing and serves as the main project entrance and the other is proposed to be located along the east property line subject to FDOT approval. P APR 13 1999 \\Hma-naPles\WP\1998\Ig98032xRLD\ISTPUDx'PUD-doc 17 ! Pg- SECTION X UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 10. 1 Utilities A. Sewer and water service shall be provided by Collier County. All pertinent requirements pertaining to the extension and construction of water distribution and sewage collection facilities shall be met. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordar,; with Collier County Ordinance No. 88-76, as amended, and other applicable ~ .... :y rules and regulations. C. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not ,_. be in a position to provide water and/or sewer service, customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. D. Appropriate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County Water-Sewer District. E. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 98-53 or amendments made thereto and shall be approved prior to the issuance of development construction approval. 10.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. AGENDA ITEM so. APR { 3 1999 C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer, its successions and assigns, shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary, Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final development order. E. The Developer, its successors and/or assigns agrees to provide for water management review and approval as agreed upon between County staff and South Florida Water Management District staff. APR 13 1999 \~.-na_naples\WP\I998\I998032\RLD\ISTPUD\PUD.doc 19 pg._ ' AGENDA ITTc. M · , No. APR ! 3 199! 03,'11/99 11:13 FAX 9416436968 COLLIER CO CO~FL,~ITY DEV ~013 Exhi~i~ B HMA PROJECT ~rf98.32 HOLE, MO~ & ~I~T~, INC. ~1 1199 ENGIN~RS ~N~S PROPERTY DESCRIPTION A PORTION OF ROYAL PALM GOIJ= ESTATES UNIT ONE A_CCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGES I~,'THROUGH 18, AND A PORTION OF REPLAT OF PORTION:~ OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF REC. DRDED IN PLAT BOOK 12 AT PAGE 72, ALL OF THE PUBLIC RECORDS OF COLLIER C, DUNTY', FLORIDA. BEING MORE PARTICULARLY DESCRIBED '- AS FOLLOWS: ALL OF TRACT A OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT RECORDS OF'COLLIER C~UNTY, FLORIDA; ESTATES UNIT ONE LES,!; PARCELS C; D, E, F, G, H, K AND L OF REPLAT OF PORTIONS OF ROYAL PALM GOLF E,';TATES UNIT ONE ACCORDING TOTHE PLAT. THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF THE PUBLIC RECORDS OF COLLIER COUNI'Y, FLORIDA; LOTS 31 THROUGH 38. BLOCK E, OF ,SAID ROYAL PALM GOLF ESTATES UNIT ONE UESS', PARCELS C, D, E, F, G AND H OF SAID REPLAT OF PORTIONS OF ROYAL PALM GOLF-E,3TATES UNIT ONE; LOTS 6O THROUGH 132. BLOCK A, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE: LOTS 1 THROUGH 52, BLOCK G, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL HAMMOCK BOULEVARD LYING NOR~I--IEASTERLY OF THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF LOT 1, BLOCK B, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL TREE PARKWAY LYING ' "' SOt3THEASTERLY OF THE NORTHEASTERLY PROLONGATION.OF THE NORTHWESTERLY BOUNDARY OF LOT 23, BLOCK C, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF THE 1O0.O0' DRAINAGE RIGHT-OF-WAY LOCATED ADJACENT TO'THE SOUTHERLY BOUNDARY OF BLOCK A OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL HAMMOCK BOULEVARD OF SAID ROYAL PALM GOLF ESTATES UNIT ONE LYING NORTHERLY OF THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF PARCEL N OF SAID FEEPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF MAIN DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF LAJ~ HAMMOCK DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF IRENE DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; AND ALL OF ENSENADA DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT CNE. AND PARCELS A, B, J, P, AND ',;~ OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO) THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF THE PUBLIC RECOF~DS OF COLLIER COUNTY, FLORIDA. HOLE, MONTES & ASSOCIATES, INC. · CERTIFICATE OF AUTHORIZATION LB ~f1772 THOMAS J. ~A. ftR)S STATE OF FLORIDA AGENDA ITEM APR 13 1999 105,~) ABERN.,e,."rH'r Sll=lfEET BONITA 51a'~ING$, FLORI(~m, 34135 gil-g~.-O)'95 FIX. 9&l o991Z.-Z~Z7 Pg. , 5'7