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Agenda 04/11/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 11, 2000 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 MANAGER 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 LOBBY1NG ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO !:00 P.M. 1. INVOCATION - Reverend Donna Bartleson, Golden Gate United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVALOFCONSENTAGENDA. B. APPROVALOFSUMMARYAGENDA. C. APPROVAL OFREGULARAGENDA. 1 April 11, 2000 APPROVAL OF MINUTES A. March 14, 2000- Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the month of April as Water Conservation Month. To be accepted by Mr. Michael R. Ramsey, Chair, Collier Soil and Water Conservation District. 2) Proclamation proclaiming the month of April as Conservancy Volunteer Month. To be accepted by Mr. David Guggenheim, President/CEO and Ms. Sharon Truluck, Human Resources Director, The Conservancy of Southwest Florida. 3) Proclamation proclaiming the week of April 9-15, 2000 as National Crime Victims' Rights Week. To be accepted by Sgt. Bill Rule, Supervisor of Victim Assistance Section/Collier County Sheriff's Office; Ms. Liza Williams, Project Help, Ms. Janet Weisberg, Shelter for Abused Women of Collier County; and Sheriff Don Hunter, Sheriff/Collier County, FL. 4) Proclamation proclaiming the week of April 9 - 15, 2000 as National Volunteer Week. To be accepted by Barbara Plaag, Volunteer Coordinator for the Shelter for Abused Women and Sharon L. Downey, RSVP Director for Collier County. B. SERVICE AWARDS 1) 2) 3) 4) 5) 6) 7) 8) 9) Shawn Luedtke, Code Enforcement - 5 years Steve Rasmussen, Wastewater Dept. - 10 years James Raymond, Marco Airport- I0 years Chahram Badamtchian, Planning Services - 10 years Kenneth Pineau, Emergency Management - 15 years Jeffrey Kucko, Building Review and Permitting- 15 years Steven Donovan, EMS- 15 years Allen Madsen, PWED - 20 years Lowell Raines, Facilities Management - 25 years C. PRESENTATIONS 2 April 1 l, 2000 I) Recommendation to recognize Jason Valinsky, Craftsman, Facilities Management Department, as Employee of the Month for April 2000. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of a budget amendment appropriating funds for expansion of the Collier County Development Services Center. 2) Authorize filing a petition for Collier County to intervene in Florida Public Service Commission Dockets 990696-WS and 992040-WS. 3) Authorization to evaluate the feasibility of reconnecting the Vanderbilt Lagoon and Clam Bay Systems. B. PUBLIC WORKS 1) This item has been deleted. 2) This item has been deleted. 3) Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of fee simple title interest for construction of the Immokalee Road/Randall Boulevard Intersection Improvement Project, CIE No. 72. 4) Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of fee simple title interests and/or perpetual, non-exclusive, temporary construction interests by easement for the construction of Livingston Road from Station 373+75 to the Lee-Collier County Line, CIE Project No. 21 (ultimate six-lane roadway). s) Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of utility and temporary construction easements for the construction of the thirty (30") inch parallel sewer force main along immokalee Road and within Creekside Commerce Center, Project 73943. 3 April 11, 2000 C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY MANAGER I) This item has been deleted. 2) Presentation of Pay Plan Study and Recommendations. 3) Discussion and Approval of FY 2001 Budget Policy. 4) Request from the Hispanic Affairs Advisory Board regarding facilitation of communication between the lmmokalee Farmworkers and the Growers. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT 4 April I 1, 2000 Ao For the Board of County Commissioners to make a determination, pursuant to Collier County Resolution No. 95-632, regarding providing a legal defense to County employees. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council. B. Appointment of members to the Black Affairs Advisory Board. C. Appointment of member to the Golden Gate Estates Land Trust Committee. D. Appointment of member to the Forest Lakes Roadway and Drainage Advisory Committee. E. Public Announcement pursuant to FL ST 259.032(10)(b) of public hearing held by Florida Fish and Wildlife Conservation Commission, Division of Wildlife in coordination with the Okaloacoochee Slough Wildlife Management Area Management Advisory Group on Tuesday, April 25, 2000 at 7:00 p.m. ~ Dallas B. Townsend Agricultural Bldg, 1085 Pratt Blvd., LaBelle, FL 33935 to present public management priorities and intent for the Okaloacoochee Slough Wildlife Management Area, located in Hendry and Collier Counties near LaBelle. F. Appointment of members to the Citizens Advisory Task Force. G. Discussion regarding a regional approach to solid waste disposal (Commissioner Berry). H. Appointment of member to the Collier County Health Facilities Authority. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS April 11, 2000 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition R-99-13, Michael R. Fernandez, AICP, of Planning Development Incorporated representing Caruso Corp. and Brian Jones, Trustee, requesting to change the zoning classification of a property from "RSF-3' Residential Single Family to "C-2' Convenience Commercial District. The subject property is located on the north side of Piper Boulevard directly north of lmmokalee Road at the terminus of Airport Road in Section 24, Township 48 South, Range 25 East, Collier County, Florida. This site consists of 7.61 acres. 2) Petition PUD-99-29, D. Wayne Arnold of Q. Grady Minor & Associates, P.A., and Richard D. Yovanovich, Esq. of Goodlette, Coleman & Johnson, P.A., representing Raymond James Smela, requesting a rezone from its current zoning classification of"MH' Mobile Home and "RSF-I' Residential Single Family to "PUD" Planned Unit Development to be known as Champion Lake RV Resort PUD. The subject property is an undeveloped 101.15 acre parcel located on the east side of Silver Lakes RV Resort and Pelican Lake RV Resort, immediately north of Fiddler's Creek in Section 11, 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. C. OTHER i) Recommendation that the Board of County Commissioners consider adopting an Ordinance amending Collier County Ordinance No. 90-111, as amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit; amending Section Seven, creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee, to provide for the reduction of the size of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee; Amending Section Eleven, Officers; Quorum, Rules of Procedure, to provide for a reduction in the number of members required for a quorum to conduct business and to take action; providing for conflict; providing for severability; and providing for an effective date. 2) Authorization to adopt an ordinance amending Ordinance No. 89-69, as amended, regarding inoculation of Coconut Palm trees against Lethal Yellowing disease; shortening certain response times from thirty (30) days to fifteen (15) days; providing for additional means of notice; authorizing the County to abate these nuisances at its costs if deemed to be cost- justified by in-house costs benefits analysis; providing that this ordinance is not applicable 6 April 1 I, 2000 3) within any municipality that has then adopted its own Lethal Yellowing Ordinance; removing incarceration as a possible penalty; providing that certain hearings are to be held by a Code Enforcement Board rather than the Board of County Commissioners; updating provisions of notice forms; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. To consider adoption of an Ordinance to amend Collier County's Noise Ordinance, No. 90- 17, as amended; Lowers table I Noise Levels Applicable to Residential, Tourist Residential and Commercial Property; adds Table II - Maximum Noise Levels to be Tested by Octave Band Analysis; adds vibration standards applicable to residential and tourist residential sites and units; reduces by five decibels allowable sounds within multi-family units in residential use; amends parts of Section F related to regulated music and other noise within certain units in residential use; repeals the grandfathering provision; provides for conflict and severability; provides for inclusion into the Code of Laws and Ordinances; provides for a delayed effective date 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS I) THIS ITEM WAS CONTINUED FROM THE MARCH 14~ 2000 MEETING. Petition A-99- 04, Richard D. Yovanovich of Goodlette, Coleman and Johnson, PA., representing Kensington Park Master Association and the Yorktown Neighborhood Association, requesting an appeal of the determination of the Collier County Planning Commission on November 21, 1999 that the changes to the Carillon PUD Master Plan by adding new commercial building footprints were insubstantial. 2) Petition V-2000-01, Mastercraft Homes, Inc. requesting an after-the-fact variance of 0.6-foot from the required 7.5-foot side yard setback to 6.9 feet for property located at 3871 15th Avenue SW, further described as the west 75 feet of the east 150 feet of Tract 142, Golden Gate Estates Unit 27, in Section 14, Township 49 South, Range 26 East, Collier County, Florida. 3) Petition V-2000-04, Faith Cagran, representing Faith Fuel Corporation requesting an 8-foot variance to 42 feet for new fuel pumps and a 46-foot variance to 4 feet to replace an existing canopy, from the required 50-foot setback for service stations, for property located at 2068 Davis Boulevard, further described as lots 16-18, Triangle Lake, in Section 1 !, Township 50 South, Range 25 East, Collier County, Florida. 7 April I I, 2000 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 Interlocal Agreement with Florida Governmental Utility Authority regarding Collier County's oversight of rates, fees and charges of the Golden Gate Utility System. 2) Resolution to extend the Ad Hoc Select Committee on Community Character and Design through April 13, 2001, and reappoint members. 3) Final acceptance of water and sewer facilities for Creekside Commerce Park West, Unit One. 4) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Crcekside Commerce Park West" - Unit One. 5) Request to approve for recording the final plat of "Bridgewater Bay, Unit One", and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. 8 April 11, 2000 B. PUBLIC WORKS 1) Request for speed limit reduction from 30 miles per hour (30 MPH) to twenty-five miles per hour (25 MPH) in Golden Gate City. 2) Approve Work Order No. PHA-FT-00-03 with Pitman-Hartenstein & Associates, Inc. to provide engineering services for the proposed six lane improvements of Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road, Project No. 62031. 3) Reappropriation of Tourist Development tax funding for the Clam Pass Inlet Management Project. 4) This item has been deleted. 5) Approve Change Order No. I to Contract No. 00-3033, Hideaway Beach T-Groin Construction. 6) Execute a Joint Project Agreement between the State of Florida Department of Transportation and Collier County for improvements to the S.R. 84 and Collier Boulevard intersection. 7) Approve Supplemental Agreement No. 8 with CH2M Hill for the Pine Ridge Road Improvement, Project No. 60111; CIE 41. 8) This item has been deleted. 9) Approve Work Order No. WMBP-FT-00-04 with Wilson Miller for an evaluation of the requirements for vehicular accessibility of Miller Boulevard Extension, Project No. 69143. 10) Approve Work Order No. WMBP-FT-00-05 with Wilson Miller for project management services to secure a Maintenance Agreement between Collier County and the Vanderbilt Beach Beautification Trust, Project No. 69081. Co PUBLIC SERVICES 1) Approve a resolution appointing officers to Collier County Agriculture Fair and Exposition, Inc. Board of Directors. 2) Approve Summer Food Service Program Grant for Immokalee and Naples summer recreation participants. 9 April 1 I, 2000 3) Approve an Interlocal Agreement with the City of Naples for the Naples Beach Access Improvements Project and the Naples Landing Improvements. 4) Request by Paul Harvey representing the Silver Slam Tournament for a waiver of parking fees. 5) Report and request to the Board of County Commissioners to authorize the extension of the duration of the Collier Community Health Care Committee. 6) Approval of a concession agreement amendment with the Association of Unit Owners of the Registry Hotel at Pelican Bay, Inc. (The Registry). 7) Approval of an agreement with the Collier County School Board. D. SUPPORT SERVICES I) 2) 3) 4) 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 1993 Solid Waste Collection and Disposal Services Special Assessments. Approve Contract for Construction Manager at Risk for the Proposed North Naples Library, RFP #00-3037. Authorization to Execute 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 Assessment. Report to the Board of County Commissioners Concerning the Sale and Transfer of items Associated with the County Surplus Auction of February 19, 2000 and Authorize Refund and Disposal of March 1999 Surplus Mobile Home. COUNTY MANAGER I) Approval of Budget Amendment Report - Budget Amendments #00-181; #00-182; #00-186; #00-185; #00-I07. Options regarding the Holocaust Museum. Funding options regarding the Everglades Restudy. Recommendation relating to Public Services and Emergency Services Administrator positions. 10 April I t, 2000 2) 3) 4) Fm BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case No.: 96~97-CJA 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED OTHER CONSTITUTIONAL OFFICERS 1) Request that the BCC authorize an extension of the due date for the Sheriff's Office Budget Submission for Fiscal Year 2001 until June 1, 2000. J. COUNTY ATTORNEY 1) Recommendation to approve a Legal Services Agreement with Fixel & Maguire as legal counsel to represent county relating to county's property acquisition interests including eminent domain proceedings, for the Livingston Road Improvement Project from Golden Gate Parkway to Immokalee Road (Project Nos. 60071, 62071 and 62061). 2) Recommendation that the Board of County Commissioners approve the Stipulated Final 3udgment relative to the easement acquisition on Parcel Nos. 137 and 937 in the lawsuit entitled Collier Courtly v. ]l. lc Alpine Briarwood, Inc., et aL, Case No. 98-1635-CA (Livingston Road Extension - Golden Gate Parkway to Radio Road) project. 3) Recommendation that the Board of County Commissioners approve an eminent domain attorney position and legal assistant position in the Office of the County Attorney and approve the necessary budget amendments. K. AIRPORT AUTHORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER 11 April I I, 2000 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. Petition SNR-2000-01, Maureen S. Bonness, representing Shady Hollow Land Trust, requesting a street name change from a portion of 43rd Avenue NE to Shady Hollow Boulevard East and 43rd Avenue NW to Shady Hollow Boulevard West, located in the Golden Gate Estates subdivision, in Sections 8, 9, and 10, Township 48 South, Range 27 East. Petition V-2000-02, James H. Siesky of Siesky, Pilon & Wood, representing Albert Hubschman, requesting a fence height variance of 6 feet from the required 6-foot maximum to 12 feet (7-foot fence atop a 5-foot berm) for property located in Golden Gate Estates Unit 35, Tract ll5, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. Petition V-2000-05, Michel Saadeh of Vineyards Development Corporation, requesting a variance to a rear-yard setback requirement often (10) feet to zero (0) feet for an accessory structure for property located at 434 Terracina Court, further described as Lot 45, Tract L-22, Unit 3A, Vineyards PUD, in Section 8, Township 49 South, Range 26 East, Collier County, Florida. Petition V-2000-06, Montalvo, Inc., and RH Enterprises of Collier County, Inc., requesting a variance of 2.5 feet from the required fifteen (15) feet applicable to each side of a lot line to be established by platting in conjunction with the fee simple separation of the Checker's Restaurant and Valvoline Oil Change previously developed under a unified plan located at the north side of Pine Ridge Road at the Home Depot project site. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 April 11, 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING APRIL 11~ 2000 CONTINUE: ITEM 8(A)(3}: AUTHORIZATION TO EVALUATE THE FEASIBILITY OF RECONNECTING THE VANDERBILT LAGOON AND CLAM BAY SYSTEMS. (STAFF'S REQUEST). CONTINUE: ITEM 13(A}(1} TO MAY 9, 2000: PETITION A~99-04, KENSINGTON PARK MASTER ASSOCIATION AND THE YORKTOWN NEIGHBORHOOD ASSOCIATION, REQUESTING AN APPEAL OF THE DETERMINATION OF THE COLLIER COUNTY PLANNING COMMISSION THAT THE CHANGES TO THE CARILLON PUD MASTER PLAN BY ADDING NEW COMMERCIAL BUILDING FOOTPRINTS WERE INSUBSTANTIAL. (PETITIONER'S REQUEST). MOVE: ITEM 16(E}(4} TO 8(E}(5} - RECOMMENDATION RELATING TO PUBLIC SERVICES AND EMERGENCY SERVICES ADMINISTRATOR POSITIONS (STAFF'S REQUEST). NOTE: REQUEST ITEM 12(C)(3) TO HEARD PRIOR TO LUNCH: ADOPTION OF AN ORDINANCE TO AMEND ORDINANCE NO. 90-17, AS AMENDED (NOISE ORDINANCE). PROCLAMATION WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Ro~da Water Wise Council, Inc. and ~e Coffer Soft and Water Conservation District encourages all aspects of water conservation among producers and users and to promote and achieve sound water management practices Which will protect the enidronment; and, with over 100 volunteer members re resenting Industries, o~anlzations end overnment e enclee, the Florida ~ater Wise Council and Collier Soil & Water . ~oneervation ~s~trlct strive to foster cooperation among diverse water. use indusb'y, utilities, developers, environmentallsts, manufacturers, contractors, and educators, as wall as governmental and rsgulatory agencies; and, the Collier Soil & Water Conservation Dlsrrlct'a CSWCD) Mobile Irrigation Lab (MIL) saved over 27.6 bffion allone of watar duHn !~ lifetime, amon agricultural, residential govemmen~l and Institutional ~r~ators, through ei~ient application of water; the Council and CSWCD consistently promote water conservation by establishing educational networks, s .upp.o. rting research for water use efficiency, devdoping water wise guidelines, dlssernlnatin water conservation Information, servln aa a resource for the development ofstete~/d~ partnersh!ps working one on one in ~e field, and advocating water management practices wiilc~ are compatible with economic growth; and, ,,. when ~ ~oHda s Water ConservatiOn Month to and the ways In which they can educate consumers help live the ate residential, live of lawn to have many ways to ~dscaping and the htlse use Id to water conserving WHEREAS, WHEREAS, i: when it comes to NOW Com. issic; 'i: : i,C lller Cou.ty, RoTida, . .;~.~ , .'. ..,., ;.. ....~,: ....... . ,.,:: .. ~ in ~ e~e consumer ~ becoml id~'~am of ffis need to save our " in~?o ike IppmpfiaN meatb~l 'to consewe and protect ., -: .., .:. ..,. '... · . DONE AND ORDERED THIS .: . ~.~. ..: A~EST: ITEM DWIGHT E. BROCK; CLERK PR OCLAMA TION WHEREAS, The Conservancy of Southwest Florida is the region's leading non-profit environmental organization; and, WHEREAS, The Conservancy has helped protect nearly 800,000 acres of environmentally sensitive land since 1964, including Fakahatchee Strand, Belle Meade, South Golden Gate Estates, Rookery Bay, and Big Cypress Preserve; and, The Conservancy actively assists with state and federal land acquisitions and restoration programs in the Greater Everglades Ecosystem and more than 5,500 members support The Conservancy of Southwest Hotida; and more than 700 volunteers generously donate their time and expertise to The Conservancy of South west Florida; and, WHERF.~S, The Conservancy helps shape environmental policy in South Florida by participating in and monitoring more than 125 Southwest Florida environmental issues annually; and, WHEREAS, in addition to playing a key role in environmental advocacy and protection, The Conservancy operates, i~.~Upport of its mission, the Naples Nature Center, the Briggs Natu. rt 'Cent.et~ the Wildlife Rehabilitation (:enter, and the Sea Turtle Mon'ttOrll!~ tttld:ProteCtlon P~'oj~ct; and, WHEREAS, The Cqt~ervanCy pt~vld~S environmental eitU~ation progrants' reaching thou]gnds.Of adU[ts and students every.year; ~nd, ~. WHEREAS oveik ~O0 .~!Unteers ~t~slst in th daily fu tct~oning af The Conservancy, as mideUtii d~cents, infornmtiOn des~ volunteers, store ~ti .h~ personnel, wildlife ~at)q ~lV~s, .~ecial events ~dunteers', dochmasters, 'boat captains, mailers, V.O.! '.t~.'.t~r coordinators, office he!j~ers', couriers', carpe.nt~rs, attd horticultural .~sistaltts; and, WHEREAS, Idcai ~u~iness profi,~sionals including veterinarians, m~dical staff and l~ttsbtm.leadevs also donate their time and service; at!.d, WHEREAS, in"j~cai ~tar 1999, v~dunteers donated ntore than 50,000 hoars to The (;oni'ervl~niy of South west Horida. NOW THEREFORE, bt it'proclaimed by the Board of County Commissioners of Collier Count),, Florida, that the month of April, 2000, be designated as CONSER VA NCY VOL t:NTEER .YON 1'tl DONE AND ORDERED THIS 11th Day of April, 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A T TES T: DWIGHT E. BROCK, CLERK TIMOTHY J. CONSTANTINE, CHAIRNIAN PROCLAMATION WHEREAS, year 2000 marks the twentieth anniversary of the commemoration of National Crime Victims' Rights Week; and, WHEREAS, the vicUms' rights discipline in America has, for nearly three decades, dared to dream of a nation that is free from violence and an America where crime victims are consistently provided supportive services to help them cope with the trauma of crime and victimization; and, WHEREAS, while the rate of meat crimes continues to decrease, U.S. residents sdll experience nearly 31 million criminal victimization, Including nearly 8.1 million violent crimes; and, WHEREAS, over 30,000 federal and state laws have been passed that define and protect the rights of crime victims; 32 states have passed constitutional amendments that afford victims important participatory rights throughout the criminal and Juvanlis Justice systems; and, a federal constitutional amendment Is currently pending in U.S. Congress; and, WHEREAS, important partnerships have been formed among criminal and juvenile Justice agencies, allied professionals, and victim services to ensure that crime victims ere treated with dignity and respect; and, WHEREAS, our nation's commitment to victim assistance, crime prevention, and public safety has resulted in countless Individuals and collaborative Inltistivns that truly do our community justice; Including but not exclusively the Collier County Sheriff's office, Shelter for Abused Women, and Project Help; and, WHEREAS, citizens of Collier County are encouraged to pause and consider the plight of our local vicUms of crime, and consider giving of themselves to help victim service agencies provide much needed comfort and support; and, WHEREAS, the new millennium affords us the opportunity to continue to dare to dream of a nation where liberty and Justlce for all Includes each and every person who has been touched by crime. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 9-15, 2000, be deslgnatsd as NATIONAL CRIME VICTIMS' RIGHTS WEEK and that our individual and collective efforts reflect the dreams we dare to have of a nation where no crime victim goes unserved, and every crime victim is afforded rights and services, and fair treatment by the justice system and by society. DONE AND ORDERED THIS 11~ Day of April, 2000. DWIGHT E. BROCK, CLERK AGENDA ITEM No.___~ PROCLAMATION WHEREAS, the entire community can effect positive change with any volunteer action no matter how big or small; and, WHEREAS, volunteers can connect with local community service opportunities through hundreds of community service organizations like RSVP and the Shelter for Abused Women of Collier County; and, WHEREAS, more than 109 million volunteers working in their communities utilize their time and talent daily to make a real difference in the lives of children, adults and the elderly; and, WHEREAS, during this week volunteers will continue to perform their services in Collier County and should be recognized for their commitment; and, WHEREAS, volunteers have the power to fight the pervasive feeling of social disconnection experienced by and, WHEREAS, NOW DONE AND volunteers Co that the at~d'.bompassion. 2000. ~roductive community. of Collier those who discon n ection ATTEST: rY J. CONS NTINE, CHAIRMAN DWIGHT E. BROCK, CLERK EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JASON VALINSKY, CRAFTSMAN, FACILITIES MANAGEMENT DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR APRIL 2000. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: As a Craftsman in the Building Maintenance section for the Facilities Management Department, Jason Valinsky continually goes beyond his job duties to satisfy the needs and concerns of County staff. Jason performs more than routine maintenance of our County buildings and assets. He takes ownership and responsibility for the County's 300 plus facilities. His constant initiative allows Jason to consistently complete more work orders than any other Craftsman. Jason was instrumental in handling the United Way campaign for the Facilities Management Department. Additionally, he actively participates on committees and staff meetings, providing input and suggestions on ways to operate more effectively and improve the working environment for fellow employees. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Jason Valinsky, Craftsman, Facilities Management Department, be recognized as the "Employee of the Month" for April 2000. ~)'?~ (- DATE: '~.) t , ~- MaryL. jo 8r~)ck, Administrative Secretary to the Assistant County Manager DATE: Thomas W. Olliff, County Manager APPROVED BY: AGENDA ITEM IN O. ~ - ,: t ...... EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT APPROPRIATING FUNDS FOR EXPANSION OF THE COLLIER COUNTY DEVELOPMENT SERVICES CENTER OBJECTIVE: To obtain Board approval of a budget amendment appropriating a total of $9.5 million for the expansion of the Collier County Development Services Center, adoption by the Board of a resolution authorizing staffto obtain the necessary financing through the pooled commercial paper loan program in an amount not to exceed $4.5 million, and Board approval for staffto release a construction management at risk request for proposals. CONSIDERATION: In February 2000, at the direction of the County Manager, the Facilities Management Department acquired the services of the architectural firm of Alfred French and Associates,~ Inc. to prepare a feasibility study for the expansion of the Collier County Development Services Center, 2800 North Horseshoe Drive, and to make recommendations on the best use of the adjacent Lot Nine (9) of the Collier Park of Commerce. On March 14, 2000, French and Associates delivered the feasibility study, which calls for the construction of a 40,800 square foot, two-story addition to the existing structure and an adjacent parking garage with the capacity to accomodate approximately 340 vehicles. Additional space is needed to appropriately house expanded positions approved by the Board of County Commissioners in the FY00 Budget. Also, it is senior management's desire to house all of the Departments in the Community Development and Environmental Services Division in one building. Over the past five years, the number of staff in the Community Development and Environmental Services Division housed in the Development Services Center has increased by 38.5 percent (from 156 to 216). This increase, coupled with occupancy of the Department of Revenue, has caused significant space problems. Joined with this is an increase in the average number of building permits issued each year. For example, the number of permits issued in 1994-95 was 16,524 compared to the 23,740 in 1999-2000. This represents an increase of 43.5 percent. This has caused a substantial increase in the number of yearly building inspections. Staff conducted 131,004 building inspections in 1998-99 compared to 72,590 in 1993-94, which represents an 80 percent increase. Thus, the amount of space needed for storage has increased. We have been unable to meet this demand due to the need for additional office space for new staff. Even with the departure of DOR in mid-May 2000, projections indicate a need for additional office space in the building. Also, senior management rcommends that all seven departments in the Division be housed in the same location. On March 23, 2000, the Collier County Finance Committee recommended funding for the project, consisting of cash in the amount of $5 million and commercial paper financing in an amount not to exceed $4.5 million for a term of five years with the opti AGEi~b I~.EM -- APR 1 1 2000 of early payment of the principal without penalty. The Finance Committee has deemed this to be the most cost-effective means of financing the project. The resolution referred to in the recommendation below is the legal instrument by which the Board approves Loan No. A- 15~ 1 pursuant to the terms of the loan agreement between the County and the Florida Local Government Finance Commission. The Facilities Management Department is prepared to release a construction management at risk request for proposals upon Board approval to proceed with the project. FISCAL IMPACT: A budget amendment is needed to appropriate $9.5 million for this capital project. The budget amendment would reduce Community Development Fund Reserves by $5 million and recoginze $4.5 million in loan proceeds from the commercial paper program. Funds are available in the Community Development Fund Reserve for Capital Outlay (113-919010-993000). The main source of revenue for the Community Development Fund is building permits. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Approve a budget amendment in the amount of $9.5 million appropriating funds for expansion of the Collier County Development Services Center, 2800 Noah Horseshoe Drive, and the construction of an adjacent parking garage. (2) Authorize staff to proceed with the project and to release a construction management at risk request for proposals. (3) Adopt a resolution authorizing staff to obtain financing through the pooled commercial paper loan program, in an amount not to exceed $4.5 million, pursuant to the terms of the loan agreement between the County and the Florida Local Government Finance Commission. PREPARED BY: Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services APPROVED BY: Thomas \V. ()I lilT, C!3~llt[¥., . ~vq[iFla~el'~ EXECUTIVE SUMMARY AUTttORIZE FILING A PETITION FOR COLLIER COUNTY TO INTERVENE IN FLORIDA PUBLIC SERVICE COMMISSION DOCKETS 990696-WS AND 992040-~VS OBJECTIVE: Obtain attthorization from the Board of County Commissioners to file a Petition to Intervene in Florida Public Service Commission Dockets 990696-WS and 992040-WS. CONSIDERATIONS: Utility and Franchise Regulation staffhas just learned of the subject dockets be£ore the Florida Public Service Commission (FPSC) have the potential to establish jurisdictional precedent that would adversely impact Collier County's regulatory attthority over investor-owned water and wastewater utilities. The dockets relate to applications for original service territory certificates filed by Nocatee Utility Corporation and Intercoastal Utilities, Inc. for service territories in St. Johns County, which is self-regulating, and neighboring Duval County, which is regulated by the FPSC. FPSC staffhas subnlitted its xvritten recommendation expressing the FPSC's clear authority to grant tile requested FPSC certificated service areas within tile FPSC non jurisdictional county of St. Johns. The purpose of Collier County's imervention will be to argue that the FPSC has no subject matter jurisdiction to grant any certificated service area to any water or wastewater utility in any FPSC nonjurisdictional county, including Collier County, or as relates to these dockets, St. Johns County. With tile County Attorney's concurrence, staff recommends the utilization o£ Tallahassee Special Counsel, Michael Twomey, under an existing legal services retention agreement. Collier County should intervene in these dockets prior to tile FPSC agenda conference scheduled for April 18, 2000. FISCAL IMPACT: Funds in the amount of $30,000.00 are currently budgeted in Fund 669 for Other Professional Fees. Use of Special Counsel for this engagement is estimated not to exceed $6,500. GROWTIt MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board attthorize filing a Petition to Intervene in Florida Public Service Commission Dockets 990696-WS and 992040-WS.' APR 1 1 2000 PREPARED BY: REVIEWED BY: APPROVED BY: -(~ -:; ~ z/~/;~ DATE: D. E. "BLEU" WALLACE, DIRECTOR UTILITY AND FRANCHISE REGULATION T n J~,S/~C.C ._ p AL~ M~EVR~ DATE: ~'Z/'("'.~ ASSISTANT COUNTY ATTORNEY VINGENT A. CAUTERO, AICP, ADMINIST~TOR, COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION TO: FROM: DATE: RE: MICHAEL B. TWOMEY ATFORNF¥ Al' [.,AW ~ OFVICE I~OX $256 TAL~H~EE. FLOR~A ~14~2~ Tel. (g~) 411-~ FaL (8~) ~21A~ e-malt: mi~omey~r.com MEMORANDUM BLEU WALLACE AND TOM PALMER, ESQUIRE MIKE TWOMEY MARCH 31, 2000 PSC THREAT TO COUNTV REGULATORY JURISDICTION I want to make you aware of a case at thc Florida Public Sen, ice Commission ("PSC") having thc potential to establish a precedent dramatically and adversely affecting Collier Cotlnty's (and all counties self-rcgulating water and wisXcwater utilities) ability to control the service territory of regulated water and wastewater utilities and related compliance with the County's comprehensive plan. I suggest Out mi appropriate response to this situation would be for Collier Count)', with as m~y other self-regulating or non-jurisdictional counties participating, to seek permission to file an gmicus Curiae brief supporting a motion to dismiss two pending dockets (now consolidated) for lack of subject matter jurisdiction. It would be help/El to tirst read the attached PSC staff recommendation to get a chronology of the filings in these cases and the vaxious parties involved. My comments will assume you have read the recommendation. As you will have seen, thc pending, consolidated cases before the PSC involve two separate utility applications for predominantly the same 23,900 acre tract of land, 8 percent of which is located in Dural County (a "jurisdictional" or PSC-regulated county), while the remaining 92 percent (21.900 acres) is found across the count}, line within St. Johns County (a "non-jurisdictional" or self-regulating county). The property, which is to be developed under the name "Nocatee," is owned by the Davis Family of Winn-Dixie Groceries, which might suggest some eventual political strength on that side versus the Intercoastal folks. Chronologically, lntercoastal is first on the scene, at least in St. Johns County, where it has served the Sawgrass and surrounding communities for a number of years. Its current certificated service territory is solely within St. Job. ns Count}' and, thus, it is within the sole and exclusive jurisdiction of St. Johns County and the St. Johns County Water and Sewer Authority. In March, 1999, lntercoastal filed an application with the St. Johns Count}, Water and Sewer Authority seeking to extend its St. Johns County water and sewer certificates by some 25,000 acres. The expansion request included the Nocate~ project land located solely within St. Johns County. Numerous parties, including the county's Utility Department, objected to the Intercoastal expansion, a hearing was held, and the application was denied by both the Authority and thc Board of County Commissioners, the latter taking place September 7, 1999. There is gpa 1 1 2000 nothing in this failed filing that presented any danger to self-regulating counties, in general, that I can ascertain. While the County action was proceeding, Nocatee Utility Corporation, the subsidiary utility intended to self-serve the Nocatee development, on June 1, 1999, filed an application with the PSC for ~ certificates to provide ~,ater and wastewater service to Nocatee in ~ Duval and St. Johns Counties. This application, if grained, would have the PSC awarding what is presently a non-functioning and non-existent utility an original certificate to serve a rel~tiv¢ly small section of land in Dural County. which is clearly its jurisdictional right, and a huge (~dmost 22.000 acres) section of land in St. Johns County, which is not within its prerogatives because it should be ,;iewed as the exclusive right of the St. Johns County Board of County Commissioners, or its designee, to assign. As can be seen in their recommendation, the PSC staffhave no qualms in concluding that the PSC has the right to dispose of this much service territory within a self- regulating county, One should ask whether, under this theory, the PSC would have the figh! to award such an applicant all. service territory not otherwise granted to an existing utility within a non-jurisdictional ar self-regulating county. In any event, no party to the PSC eases, including St. Johns County, has challenged the PSC's statutory jurisdiction to consider and grant thc Nocatee Utility application. The threat this case represents to any ~elf-regulating county bounding a jurisdictional count3: (arguably the PSC could extent the theory' supporting Nocatee even to a case wherein a large development crosses the common boundary of two sell:regulating counties) should he apparent. Following its denial at the hands of St. Johns County, Imercoastal filed with the PSC, on December 30, 1999, an application for service territory that is a linle mom bizarre than Nocatee's, but evcz3: bit, if not more, threatening to the jurisdiction of self-regulating counties. Actually, lntercoastal's filing was really two applications: The first asked the PSC to grant lntercoastal an original certificate for the area it is currently serving solely within St. Johns County and for which it has certificates issued from St. Johns County. Ill understand the chronology correctly. Intercoastal is asking that the PSC first issue it a certificate for its operation tbund solely within St. Johns Count..'. How anyone can legally entertain this proposition is beyond me and it should not be comforting to find that the PSC staff doesn't even attempt to justi[v what is requested by Intercoastal, but, instead, merely leaps ahead to a more global .iustillcation for what they propose as the P SC's jurisdiction. Secondly, Interco~tstal's next application asks that the PSC, once it presumably has established itself within St. Johns County, then grant service area extensions to the existing operations to include some 22,000 acres in Johns County and about 2,000 acres in Dural County. In a sort of"bootstrap" mentality, the PSC, clearly after-the-fact, would have created a "utility whose service transverses county boundaries," which it would arguably (I would not be prepared to concede this, of course) have complete jurisdiction over pursuant to Section 367.171 (7), F.S. .qt. Johns County has challenged the lntcrcoastal application by virtue of a motion to dismiss based on both lack of subject matter jurisdiction and res judicata based on the earlier denial of the service area amendment sought at the county. St. Johns County's motion (atte, che~) is excellent as far as it goes, but falls short, in my opinion~ in two respects: (1) First, St. Johns County does not challenge the PSC's jurisdiction to proceed as requested by Intercoastal's filing, namely, to grant Intercoastal a PSC certificate for an operation solely within a self-regulating county. Rather, St. Johns County, at least as I read the motion, objects to the authority of the PSC lo expand service territory within a self-regulating county, while apparently conceding jurisdiction over the existing operation, which is solely within the jurisdiction of the county. While not a huge point. I would argue, of course, that the PSC h~-s no authority to subvert exclusive county jurisdiction over a single-county utility so as to get its regulatory nose in the county as a basis from which to then expand. Secondly, and more importantly, in my view, St. Johns County does not object at all to Nocatec's application on jurisdictional grounds despite the fact that its application asks the PSC to straightfortvardly grant it some 22,000 acres within the political boundaries of a self-regulating county. Even if you accept that the PSC should have jurisdiction over existing utilities whose actual lines cross or transverse county boundaries (I helped draft the statute in question for jttst such a physically connected utility system to avoid inter-jurisdictional fights over allocations of plant and costs), it does not follow that the PSC, as opposed to the counties, should have jurisdiction to decide what areas within a county should be served. The goal of avoiding allocation fights over commonly shared physical plant can be attained by' sale rate making jurisdiction without accompanying ser¥ice territot}, author:ry. I am told that St. Johns County intentionally did not challenge the Nocatee application for a combination of political/tactical rea.~ns. It appears th,at St. Johns County thinks its desire to have its own govermnental water ~d se~'er utility serve the disputed territories is covered by application of its various planning or service territo~ ordinances. Even if St. Johns County is cortec~ in this view, the approval by the PSC of either the lntercoastal or Nocatee applications ~,'ill serve as a horrible precedent for the remaining self-regulating counties in ~nuch the same manner as did St. Johns County's loss in the ~ case during the early t990's. Both of you me familiar with thc failed, single-handed defense St. Johns Count5' made to the utility industry over the "service transvcrsing county boundaries" statute in that case and the heartache it has caused ~d continues to cause the other counties to this day. The same mistake should not be marie in this case. I think it is critically important each and all of the self-regulating counties attempt to stop this new assault on their regutatoD' jurisdiction. I would recommend that you consider seeking permission to intervene in these cases for the sole purpose of filing a motion to dismiss for lock of subject matter jurisdiction. Furthermore, I would recommend that you seek to have as many at'the other self-regulating counties intervene for the same purpose. My view is that approval of either application will result in a precedent that ~411 allow the PSC the potential of awarding service territor), expansions virtually anywhere within your count.,,' boundaries. Such a result would effectively kill the reasons many counties undertook regulation in the first place. Time is of the essence in this matter because the PSC staff recommendation has mire. oily been scheduled for agenda conference but deferred most recently so that a third commissioner could be assigned to the panel. The current expectation is that the issue will be rescheduled for April 18, 2000. Please give me )'our response and any questions at your earliest possible convenience. EO AGENDA LTEM APR '1 i 2000 pg. ~" for Item 51 on Ag~:nAa t~..,f the {:lorida Public Service Commiss, ion htep:ib, vww2,~ri, nettl~.C/~md~)O~32851 ,html WARNING: Cln~nges in appearance and in display of Jbrmulas. tables, and text ma9;. have occurred during trani'tattion cj'this doclimenl into an electronic medium. This tfT~IL document ma3, not he an accurate version oj~the o, fficial document and should not be relied or~ For an o~ficial paper cop3', contact the Florida Public ServiceCommission at contactt~_~sc, st. ate. fl. us or call (850) 413- 6770. There may be a charge for the copy. st~%e of Florida -M-g -M-O-I~-A-N-D-~J-M- DATE: FEBRUARY 17, 2000 TO: DIRECTOR, DIVISION OF RECORDS AND REPORTING (BAY6) FROM: DtVIStON OF LEGAL SERVICES (CIBULA, VAN LEUVEN) DtVISION OF WATER AND WASTEWATER (REHW[NKEL, REDEMANN) RE: DOCKET NO. 9_90696-WS - APPLICATION FOR ORIGiNAl, CERTIFICATES TO OPERATE WATER AND WASTEWATER UTILITY IN DUVAL AND SI. JOHNS COUNTIES BY NOCATEE UTILITY CORPORATION. DOCKET NO. 99204(_~-WS - APPLICATION FOR CERTIFICATES TO OPERATE A WATER AND WASTEWA'YER UTILITY IN DUVAL AND ST. JOHNS COUNTIES BY INTERCOASTAL UTILITIES, INC. AGENDA: 02/29/2000 - REGULAR AGENDA - INTERESTED PERSONS MAY PARTICIPATE CRITICAL DATES: NONE SPECIAL iNSTRUCTIONS: NONE FILE NAME AND LOCATION: S::,PSC\LEG\WP\990696R2.RCM I 017 CASE BACKGR, O,UND On June l, 1999, Nocatee Utility Corlx~ration (NUC) filed an application for original ¢~)rnrnendation fO: hem 51 on Agenda fa.. f Ibc I"'lor[da Puht{c Service Comm[~ion http l/v,~"w3.sct4.nct/p~..Ya~ta~dOO032t~ 1 .html provide water and wastewater service to a development located in Dural and St. Johns Counties known as Nocatee. Docket No. 990696.-WS was assigned to that application. On June 30, 1999, Intercoaatal Utilities, Inc. (lntercoastal or utility) timely filed a protest to NUC"s application and requested a formal hearing. On December 30, 1990, lntercoastaI filed an application requesting an amendment of certificates to provide water and wastewater service to the Nocatee development; to extend its service territory in St. Johns Count)'; and for an original certiticate for its existing service area. Docket No. 99r~040-W$ was assigned to that application. On January 24, 2000, NUC $,nd its parent company, DDI, Inc. (DE)I), timely filed separate objection~ to Intercoastal's application alad requests for hearing. On January 26, 2000, St. Johns County (County) filed a Petition to Intervene in this matter. On January 31, 2000, JEA (formerly knov~n as Jacksonville Electric Authority) and Sawgrass Association, Inc. (Sawgrass) timely filed separate objections to Intercoastal's application and requests for hearing. On January. I 1,2000. Intcrcoastal filed a Motion to Consolidate Dockets Nos. 992040-WS and 990696-WS. By Order No. PSC-00-0210-PCO-WS, issued February 2, 2000, the Motion to Consolidate was granted and Order No. PSC-09-1764-PCO-WS, issued September 9, 1999, which established the procedure and Order No. PgC-0O-242g-PCO-WS, issued December 13, 1999, which set the controlling dates for Docket No. 090606-WS, were ordered to govern Docket No. 902040-WS. Accordingly, these matters are scheduled for an administrative hearing on August 9 and 10, 2000. On January 24, 2000. NUC and DDI filed a Joint Motion to Dismiss Intercoastal's Application or, in the Alternative, to Preclude Re-Litigation of Issues_ On January 26, 2000, the County filed a Motion to Dismiss [ntercoastal's application. On January 27, 2000, the Count>' filed a Request for Oral Argument. This recommendation addresses whether the Commission should grant the County's Request for Oral Argument and whether NUC and DDI's joint Motion to Dismiss or, in the Alternative, to Preclude Re-Litigation of Issues and the County's Motion to Dismiss should be granted. mscuss 0N oF SSUES 2o1'7 ISSUE I: Should the Commission grant St. Johns County's Request for Oral Argument.'? RECOMMENDATION: No. The Commission should deny St. Johns County's Request for Oral Argument because it is not in compliance with Rule 25-22.058, Florida Administrative Code. However, the County should be permitted to address the Commission during the course of discussion on this item at the agenda conference since the matter has not yet been to hearing. (CIBULA, VAN LEUVEN) STAFF ANALYSIS: Rule 25-22.058, Florida Administrative Code, states that the Commission may grant oral argument upon request of any party to a Section 120.57, Flor ida Stavates, hearing. The rule states that "a request for oral argument shall be contained in a separate document and must accompany the pleading upon which the argument is requested." Further, Rule 25-22.058, Florida Administrative (.'~Me, smte~ ttmt "failure to file a timely request for oral argument shall constitute waiver thereof." ]'he County's Motion to Dismiss Intercoastal's application was filed on January 26, 2000; however, its request for'oral argument on the Motion to Dismiss was not filed until January 27, 2000. As 'J~ ')~ r~5° bTorida Administrative Code, specifically states that a request for oral argument APR 1 1 2000 3131100 ll:4l AM accompany thc pleading upon which it is requemed and failure to timely file the request shall constitute a waiver, staff recommends that the County's Request for Oral Argument should be denied. However, the County should be permitted to address the Commission during the course of discussion on this item m the agenda conference since the matter has not yet been to hearing. ISSUE 2: Should DDI, Inc. and Nocatee Utility Corporation's Joint Motion to Dismiss or, in the Alternative, to Preclude Re-Litigation of Issues be granted? RECOMMENDATION: No. Staff recommends that DDI and NUC's Joint Motion to Dismiss be denied_ In addition, staff recommends th. at DDI and NUC's alternative request that the Commission issue 'an Order precluding the re-litigation of issues be denied. (VAN LEUVEN, CIBULA) SI'AFF ANALYSIS: Under Florida law the purpose ufa motion to dismiss is to raise as a question of law the sufficiency of the facts alleged to state a cause of action. Vames v. Da&'k_ins, 624 So. 2d 349, 350 (Fla. 1st DCA 1993). In order to sustain a motion to dismiss, the moving party must demonstrate that, accepting all allegations in the petition as facially correct, the petition still fails to state a cause of action for which relief can be granted. In re Application for Amendmen! of Certificates Nos. 359:W and gg0-s to Add Territory. itl gr0ward County by .South Broward Utility, Inc., 95 FPSC 5:339 (1995); Varne_q, 624 So. 2d at 350. When "deternfining the sufficiency of the complaint, the trial court may not look beyond the four comers of the complaint, consider any affimmtive defenses raised by the defendant, nor consider any evidence likely to be produced by either side." Id.~. DDI, l. nc. And Nocatcc Utility Corporation'.s.Joint Motio.n to Dismiss, or in the Alternative, to Preclude Re-Litigation of Issues As stated in thc case background, on JanuaD' 24, 2000, DDI and NUC filed a Joint Motion to Dismiss. or in the Alternative, to Preclude Re-Litigation of Issues. The basis of the Joint Motion is barred by the doctrines of res judicata and collater',d estoppel. In the alternative, DDI and NUC move to preclude thc re-litigation of issues already litigated before the County's Board of Commissioners when considering lntcrcoastal's application. IntercoastaI filed a timely response on January 31, 2000. 3 ol7 Next, DDI and NUC argue that Intercoastars application should be dismissed because DDI and N UC first argue that the doctrines of res judicata and collateral estoppel may be applied in this case because 'lilt i~ well settled that res judicata and collateral estoppel may be applied in administrative proceedings." Thompson v. Department of Environmental Regulation., 51 t So. 2d 989. 991 (Fla. 1987). Under res judicata, a final judgement precludes a subsequent suit on the same cause of action because it is conclusive on all mauers germane thereto that were or could have been raised in the first action. Co[Imcral estoppel appties when there me two different causes of action in order to prevent common issues from being re,litigated. Res judicata applies to proceedings unless there has been 'a substantial change in circumstances relating to the subject matter with which the ruling was concerned, sufficient to prompt a diftkrent or contrary, detem~ination." Miller v. B___o~th, 702 So. 2d 290 (Fla. 3d DCA 1997). Additionally, DDI and NUC cite to cases v.,hieh hold that res judicam only applies if the second application is not supported by new facts, changed conditions, or additional submissions by the appl icant. Thompson. 511 So. 2d at 99 I. The determination of the applicability of res judicata and whether or not a substantial change in circumstances has occurred lies primarily with the administrative body. Miller, 702 So. 2d at 291; .Coral Reef Nurseries,.lnc. v. Babcock.~C_Company, 410 So. 2d 648, 655 (Fla. 3d DCA 1982). Therefore, DDI and NUC contend that it is proper to apply the doctrines of res judicata and collateral estoppel in this situation. crco~men 'dation l~'~r Item S I on .~,~'-.,:nda lb. £ thc Ftorid~. P,~bIic Scrvw.4 Commi',mion ht~:/P#.,w,,v2.s4m.~,~md~i~O,IlO328S I.hlml there has been no substantial change since June 1990 in the need for service in the St. Johns County expansion territory, in the landow"ners service preference, or in Intercoastal's abilily to serve the ~erritory, all of which issues were fully and fairly litigated in thc hem'tings before the Authorit3, in June 1999. Additionally, the DDI and NUC argue that the only substantial c 'hange is the addition of the Dural expansion territory. Furthermore, the petitioners claim that without the Dural expansion territory St. Johns would have jurisdiction and the doctrine of res judicata would clearly prevent any re-litigation. Therefore, the petitioners argue that the Dural expansion territory was added in an attempt to forum shop by triggering the jurisdiction of the PSC. Another argument is that unless the Commission applies the principles of res judicata or collateral estoppel it will be forcing the parties to engage in expensive and time-consuming re-litigation of issues already resolved. Also, the Commission would be sending a signal that forum shopping will be tolerated. Furthermore, DDI and NUC argue that the Commission can discharge its duD' to consider multi-county issues by dismissing or precluding the re-litigation of the St. Johns expansion territory and allowing the case to go forward on the Dural expansion territory. In a footnote, DDI and NUC make reference to Brov,,n v. Dept. Of Professional Regulation, 602 So. 2d 1337 (Fla. 1st DCA 1992), in which the Court applied the principle of collateral estoppel to dismiss a complaint without requiring an evidentiary hearing. However, the same footnote also makes references to several cases in which the First District Court of Appeal has held that collateral estoppel cannot be resolved on a motion to dismiss because mixed issues of law and fact must be resolved in an evidentiary hearing. See Llniversits/,,.l:{ospital. L~[d. v: _Agency tbr Health Care Administration. 697 So. 2d 909 (Fla. 1st DCA 1997); University_ Communi _ty Hospital v. Dept. Of Heath and Rehabilitative SeN'ices. 610 So. 2d 1342 (Fla. Ist DCA 1992). Intereoastal Utilities, Inc.'s Response in Opposition to DDI, Inc. and Nocatee Utility Corporafio¢'s Joint Motion to Dismiss, or in the Alternative, to Preclude Re-Litigation of Issues In response to thc Petitioner's motion, lntercoastal states that the "Joint Motion... essentially re. quests this Commission to determine that based upon a pattern of facts and circumstances, which ~tc unknown to the Commission except for the fac~ that they arc alleged by the applicant's opponents, IntercomS, ti does not have the right.., to file its application." Next. Intercoastal asserts that the law is clem' that a Motion to Dismiss is an inappropriate procedure for raising the defenses of res judicam and collateral estoppel by citing to Bess v. Eagle Capital.[, Inc., 704 So. 2d 621 (Fla. 4th DCA 1997) mad ~ City of Tampa, 707 So. 2d 765,766 (Fla. 4th DCA 1998). Intercoastal argues that it would be an error for'the Commission to consider res judicata because the Swinney Court held that "the trial court err~l by considering an affirmative detknse that does not appear on the face of the prior pleading." Id. In support of this argument, Intercoastai states that no prior pleadings disclose a factual basis upon which to ~sert res j udicata or collateral estoppel, and that an evidentiary hearing is necessary to determine if the elements have been met. '['herelbre, Intercoastal asserts that the petitioners can raise these points in their preheating statements for litigation at the final hearing. Another argument of Intercoastal is that several of the elements common to both res judic.4~ ~ collateral estoppel have not been met. These elements are that issues be identical n~d the relief ~ought be the same. United States Fidelity & Guaranty Co. ~,'. Odom__~s, 444 So. 2d 78 (Fla. 5th DCA 19§4); D~niel v. Dept. Of. Transportation, 259 So. 2d 771 (Fla 1st DCA 1972). Intercoastal states that there nfo "dozens of factual matters that differ between the instant application and the prior application of lntercoastnl in St..lohns County which are unknown to the Commission at this mint in time." In further support of this argumenk lntcrcoastal argues that the issues are not the same her~'_because in artier for the, issu~ to be thc same before the authority, the applicable substantive law mm be i~r~-~l°~e Flo.ri~ta ~ v, APRIl2000 I 3/31/00 11:41 AM Clcmem, 662 So. 2d 690, 697 (Fla. 1995). Therefore, lntercoastal contends that thc clements ofre~ judicata and collateral estoppel have not been met because of the factual and substantive differences. Stories Analysis in filing its motion to dismiss, DDI and NUC have raised thc affirmative defenses of res judic~la &nd collateral estoppel as grounds for dismissing Intercoastal's application. Additionally, DDI and NUC raised collateral estoppel as a ground for issuing an Order precluding the re-litigation of issue8 pertaining to the St. John's expansion territory. However, staff agrees with Intercoastai and the applicable ~ law which states that a morton to dismisx is not the appropriate avenue to address the issues ofresjudic~t~ .and collateral estoppel. See Bess v. Eagle. Capital, Inc, 704 So. 2d 621 (Fla. 4th DCA 1997); S.winne~ v. ~i.!y of Tam¢~, 707 $o. 2d 765, 766 (Fla. 4th DCA 1998). Furthermore, staff agrees with intercostal that in order to dismiss or preclude thc re-litigation of issues, it is necessary for the Commission to be fully aware of the issues litigated before the County. Currently, staff is unaware ofali the issues litigated before the County. One reason for this is that under the above noted standards set forth for reviewing a motion to dismiss, it is improper to look beyond Intercoastal's apphcation to the Commission at this time. Moreover, in order to evakmte whether the doctrines of res judtcata and collateral estoppel should apply, staff believes that a comparison would need to be made of the County's and the Commission's rules and substantive taws. For the foregoing reasons, staffrecommends that the motion be denied. In addition, the law is well established that. before the res judicata can apply, the following conditions must be present: 1 ) identity in the thing sued for; 2) identity of the cause of action; 3) identity of persons and parties to the action; and 4) identity of the quali~y of the person for or against whom the claim is made. Daniel, 259 So. 2d at 771. The elements of collateral estoppel are "(1) that the parties and issues be identical. ~'2) that the particular matter be fully litigated and de~ermJned in a contest, (3) which reaults in a final dectsion, (4) in a court of competent jurisdktion." United States Fidelity & Guaranty Co.. v_: Odored, 444 So. 2d 78 (Fla. 5th DCA 1984). Thc principle difference between res judicata trod collateral estoppel is that the cause ofactio~ docs not need to be the saJne to apply collateral estoppel. Had these doctrines been properly asserted, staff believes that neither the elementsof resjudicata norcolla~ml estoppel wouldhave been met atthis time. Based ul~,n the foregoing, saffrecommends that DDI and NUC's Motion to Dismiss and altemmive request that the Commission issue an Order precluding the re-litigation of issues should be denied. ISSUE 3: Should lhe Commission grant St. Johns County's Motion to Dismiss Intercoastal Utilities, Inc.'s application? RECOMMEND4TION: No. The Commission should deny St. Johns County's Motion to Dismiss Intercoastal Utilities, Inc.'s application. (CIBULA, VAN LEUVEN'~ 5ol7 STAFF ANALYSIS: A motion to dismiss raises as a question of law the sufficiency of the fac'ts alleged in a petition to state a cause of action. Vames v. Dawkins, 624 So. 2d 349, 350 (Fla. 1st DCA 1993). The standard to be applied in disposing of a motion to dismiss is whether, with ali the allegations in petition assumed to be true, the petition states a cause of action upon which relief can be gnma. Id. When making this determinatior~, only the petition can be reviewed, and all reasonable inferences dram from the petition must be made in favor of the petitioner. St. Johns County's Motion to Dismiss As stated in the case background, thc County timely filed a Motion to Dismiss Interce AqNQMJ_ [t 93~HS, IN sud's at~lication APR 1 1 2000 11;41 ~c~mn~dation lbr hem ~ I on A~e'~d~ tb...fthc Florid- Pubhc Servic, c CommJssio~ htt~.//ww,w2 ~cri.~et/l:~,./~321J5 I.html on January 26, 2000. The CounD' sets forth two grounds upon which Intercoastal's application should be dismissed: 1 ) lack of subject matter jurisdiction, and 2) res judicata/collateral estoppel. First, the County argues it is not within the Commission'sjuriscliction to award service territory to an existing utility when the utility and the territory requested is located in a nonjurisdictional county. The County states that the plain meaning of Section 367,171 (1), Flor ida Statutes, which grants counties the right to regulate water and wastewater utilities within count3, boundaries, combined with the legislative intent behind Section 367.171 (7), F.~pr ida Statute& which gives the Commission jurisdiction over utilities that transverse county boundaries, does not support the notion that the Commission can assign territory in nonjurisdictionai counties to intercounty utilities. Moreover, the County contends that if the 'Commission asserts jurisdiction and grants the tcrrito~ requested by Intercoastal in its application, all available water and wastewater service territory in the County will be usurped, which would be contrary to the express right of the County, under Section 367.171, l:7or ida Statutes, to assert its own regulstory jurisdiction and to reject Commission jurisdiction over its water and wastewater utilities. Citing _City of Mount Dom v. JJ's Mobile ! lomes, linc., 579 So. 2d 219, 255 (Fla. 5th DCA 1991) and Lake Utility Serxices, Inc. v. City of Clermon_t, 727 So. 2d 984, 988 (Fla. 5th DCA 1999), the County asserts that in jurisdictional counties, the franchise rights awarded by the Commission are "equal to, not superior to, that of local governments under the regulatory scheme of Chapters 180, 125, and 367, Flor ida Statutes," implying that the Commission's jurisdiction would not trump the County's jurisdiction in nonjurisdictional counties as ss:ell. Thus, the County contends that the only way Sections 367.171(1) and 367.17 l (7), Flor itlt't .~t;ttutex, can be harmonized is to limit the jurisdiction of the Commission to sward additional service territory to intercounty utilities to service areas located ~4thin juri~ictional counties. In suppcm of its second argument, the County states that Intcrcoastal had an application before thc Board of County Commissioners of St. Jotms Count)' (Board) in which Intercoastal requested to serve the s~rne territory that Intercoastal has applied for in this case. The County asserts that after extensive hearings in St. Johns Count)', thc Board ultimatety denied Intercoastal% application to serve this territory. The order of thc Board denying Intercoasml's application is currently on appeal in Circuit Court. The County contends that thc only change to Intercoastal's application before the Commission is the addition of service area in Dural County. Thus, the County argues that the principles of collateral estoppel and res judicata "are appropriate m~d shoutd be applied in this instance to prevent Intercoastal from profiting from blatant forum shopping and mi attempt to re-litigate a cause it has already litigated and lostP Intercoastal's Response In its response to the County's contention that the Commission lacks subject matter jurisdiction to consider Intercoastal's application, Intercoaqtal states that, contrary to the County's analysis of the statute, the express wording of Section 367.171(7), Flor ida Statue. es., gives the Commission exclusive jurisdiction over all utility systems whose service traru~verses county boundaries, whether the counties involved are jurisdictional or non-jurisdictional Further, Intercoastal asserts that if the Legislature had meant Section 367.171, Flor id~t Statutes, to read the way the County suggests it reads, the Legislature could have easily worded the statute accordingly. Intercoastal also asserts that the County is incorrect when it argues that its application should be dismissed on the grounds of res judicala or collateral estoppel. Intercoastal asserts thai, ly~lr$1J~nl to University Hospital~Ltd v. Agency f_or Health Care Administration_., 697 So. 2d 909 (Fla. 1st DCA i997) and Bess v. Eagle f;apital, Inc., 704 So. 2d 621 (Fla. 4th DCA 1997), a motion to dismiss is an i rmppropriate procedure to raise the defenses of rcs judicata and collateral estoppel. Moreover, Intercoastal contends tha~ the doctrines of resjudicata and collateral estoppe issues to be Iiligated in this docket are not identical and thc relief sought fro:1 the ~~no~t~_~(R) ~),, ! he APR 1 1 2000 3;~1/00 I 1:41 AM J, t' 8 f:,,'g ~/I8:~I ¢comnacr~dalion k:r I:cm .51 ~i ^gcnda Ib,..fthc Flor~d~ Public Service Cornm;ision hrqa://wwwZ.~criJ~t/~t~ntll,~OO32951.½trnl same as thal sought from the Board. Further, thc utility ~gues that the applicable substantive law for this docket, Chapter 367, bYor ida .q'ta~ute.~, is not the ~ame law under which the Board's decision was based; therefore, the issues would not be identical. Additionally, Intercoastal states tlmt the Commission has not yet established the issues to be litigated in this docket, so the Commission cannot yet tell if the issues before the Commission are the same as the issues that were before the Board. Staffs ,Analysis The applicability of Section 367.171(7), Flor ida Statute5, to an original certificate application is an issue of first impression before thc Commission. Staff agrees with Intercoastal that the Commission has subject matter jurisdiction under this section to consider the utility's application. Section 367.171(7), 'Flor id~t :%.'tattaex, specifically states lhat "the [C]ommission shall have exclusive jurisdiction over all utility systems whose service transverses county boundaries, whether the counties involved are jurisdictional or nonjurisdictional." Although the utility filed an application for an original in existence certificate and for an amendment of its rotatory, the application is actually viewed by staff as an application for an original certificate in which the requested territory transverses county boundaries. Even though the utility does not yet have any exisung lines, facilities, etc., which transverse county boundaries, the definition of utility in Section 367.021(12), Flor ida Stan4te,, includes every person, except those exempted under Section 367,022, l"lor ida .~uau~e.~'., "owning, operating, managing, or controlling a system, or proposing construction of a system, who is providing, or proposes to provide, water or wastewatcr service to the public for compensation." Assuming all of the allegations in the application are true and ,Acwing all reasonable inferences in favor of intercoastal, as required by Vmm.e.,s, the application falts within the Commission's subject matter jurisdiction. Rcs judicata and collateral estoppel were also raised by the Count>, as grounds for dismissing Intercoastal's application. Staff agrees with the cases set forth by the utility which state that a motion to dismiss is not the appropriate avenue to address the issues of res judicata and collateral estoppel. As stated in _Varnes, when making a determination as to whether the petition daould be dismissed, the reviewer may not go beyond the four corners of the petition. See Id. at 350. Because the Board's decision denying lntercoastal's application to serve in St. Johns County is not found within the four comers of lntercoasml's application before this Commission, one must look beyond the application, which is contrary to Vames, to make a determir~ation as to whether the application should be dismissed based on rcs judicata or collateral estoppel. Therefore, it would be error to dismiss the application on the grounds of res judicata or collateral estoppel. Based uixm thc lbregoing, staff recommends that the Count~"s Motion to Dismiss [ntercoastal's application should be denied. ISSU E_.,_.._~4: Should these dockets be closed? RECOMMI3NDATION_': No. lfthe Commission approves staff's recommendations on Issues 2 and 3, these dockets should remain open to allow these matters to proceed to hearing. (CIBULA, VAN LEUVEN) 7 of 7 STAFF ANALYSIS: If the Commission approves staffs recommendations on Issues 2 and 3, these dockets should remain open to allow these mallets to proceed to hearing. you have any questions or comments regarding this c~m,ersion. ~ott can ~~~mmerx . . ' . . . ' ~o. , [ ..{llls, m f )ran~e and ( ll~p ( )ran.~. ~ ~ ~ ~ ~131/~ t!:41 EXECUTIVE SUMMARY AUTHORIZATION TO EVALUATE THE FEASIBILITY OF RECONNECTING THE VANDERBILT LAGOON AND CLAM BAY SYSTEMS OBJECTIVE: To have the County Commission provide staff with direction to proceed with a feasibility study to determine the impacts of reconnecting the Vanderbilt Lagoon system with the Clam Bay System. CONSIDERATION: There has been a great deal of public interest in trying to improve the water quality of Vanderbilt Lagoon. It has been suggested that reconnecting Vanderbilt Lagoon with the Clam Bay system would provide additional flushing for both systems. However, research is needed to determine if in fact there would be a sufficient increase in flow to warrant the project, and what impact such a connection would have on water quality. Should the Board wish to pursue such a project, direction is needed to authorize staff to hire a consultant to proceed with the research. The cost of a feasibility study would be $150,000 - $200,000 requiring a budget amendment from the MSTD General Fund. FISCAL IMPACT: None at this time. Authorization to proceed would require staff to process a budget amendment in the amount of $200,000 from the MSTD General Fund (Fund 111) in order to begin an RFP process. The final cost would be determined after consultant selection and contract negotiations. GROWTH MANAGEMENT IMPACT: The effort would assist the County in meeting Objective 2.3 of the Conservation and Coastal Management Element. RECOMMENDATION: That the Board of County Commissioners provide staff with direction to hire a consultant to prepare a feasibility study to evaluate the impacts of reconnecting the Vanderbilt Lagoon System with the Clam Bay System, and authorize the necessary budget amendments as outlined above. SUBMITTED BY: ,~jtliam..D. Lo~ector DARE: .~t..~, ~c~-C efources Department Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services APPROVED BY: No. APR ! 1 ZOOO EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTEREST FOR THE CONSTRUCTION OF THE IMMOKALEE ROAD/RANDALL BOULEVARD INTERSECTION IMPROVEMENT PROJECT, CIE NO. 72. OBJECTIVE: To adopt a Resolution to acquire by gift, purchase or condemnation of fee simple title interest required to complete the Immokalee Road/Randall Boulevard Intersection Improvement Project, CIE No. 72, (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #72. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the intersection improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: The intersection improvement cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at $202,217.00, and includes all land, improvements, and severance damage pay-outs as well as all overhead' costs and expenses which may be incurred through condenmation and final judgment for that non-exclusive, perpetual fee interest referenced in Exhibit "A", required to complete the Immokalee Road/Randall Boulevard Intersection Improvement Project. Funds in the amount of $202,217.00 are available in the Gas Tax Road Construction Fund and expenses shall be shared by Multi Project Transportation Program-Design and Turn Lane Construction. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #72. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation the fee simple title interest required to complete the Immokalee Road/Randall Boulevard Intersection Improvement Project; (2) Authorize the Chairman to execute the attached Resolution; SUBMITTED BY: :~;~,i s , . . Toni Mort, Senior Specialist Read Property Management Department ~o(' Kant, P.E., Director Edward J. Traps tion Serviee. s DePhrtm t APPROVED BY~/l~dwa~Finn,q~nt~im Ad~nistrator ~.Publgc Works Division RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTEREST FOR THE CONSTRUCTION OF THE IMMOKALEE ROAD/RANDALL BOULEVARD INTERSECTION IMPROVEMENT PROJECT, CIE NO. 72. 7 8 9 WHEREAS, the Board of County Cormmssioners t~Board), on February 23, 1999, adopted Ordinance No. 10 99-14 t. herein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the 11 Growth Management Plan in order to estabhsh priorities for the design, acquisition and construction of the various 12 capital m~provement projects. The Transportation Element of the County's Comprehensive Plan was adopted in 13 Ordinance No. 99-13; and I4 WHEREAS, the Immokalee Road/Randall Boulevard Intersection Improvement ~s one of the capital 15 improvement projects required under the Transportation Element of the County's Comprehensive Plan; and t6 WHEREAS, the location lbr construction of the proposed improvement has been £Lxed by survey and is 17 collectively represented by the legal description compr/sing Exhibit "A" attached hereto and incorporated herem. I8 WHEREAS, after consideration of the availability of alternate routes and locanons, the comparative costs of 19 project alternatives, various U'npacts upon the environment, long range plarmmg options, and public safety 20 considerations, the Board desires to exercise its right to condemn property for public purposes. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU~NWY COI~MISSIONERS OF 22 COLLIER COL~Nq'Y, FLORIDA, that it has been deternUned by the Board that the consm~ction of the Immokalee 23 Road~q~ndall Boulevard Intersection Improvement, (hereinafter referred to as "the Project") is necessary and in the 24 public's best interest tn order to protect the health, safety, and welfare of the cittZens of Collier County. 25 AND IT IS FURTHER RESOLVED that conslxuction of the Project is part of the County's long range 26 planning effort, and is included in the Transportatton Element of the County's Comprehensive Plan for Growth 27 Management, as approved by the Florida Department of CommUmty Affmrs. 28 AND IT IS FURTHER RESOLVED that the County Staff has reviewed altemative locations for the project, 29 various impacts to the environmental, public safety and welfare considerations associated with the design and 30 construction of the project, and the costs associated with the design, property rights acquisition, and construction of the 31 project; and the Board finds that after consideration of these issues, the most feasible location for consu-uction of the 32 proposed improvement are represented by the legal description comprising Exhibit "A" attached hereto and 33 incorporated herein. 34 AND IT IS FURTHER RESOLVED that in order to construct the prOJect as designed, it is necessary for the 35 Board to acqurre the various real property interest described Exhibit "A" to wit: fee stmple title interest. 36 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 37 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to mm~ediately acquire by gift, 38 purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above- 39 referenced real property interest more pamcularly described m Exhibit "A", attached hereto and incorporated herein. Pa~e 1 AND IT IS FL~RTHER RESOLVED that no mobile homes are located on the property, sought to be acquired 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 no.' be necessary to remove any mobile homes from the property to be acquired. Ttus Resolution adopted on this day of , 2000, after mot/on, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form aad legal sufi-~cienc¥: Assistant County Attorney BOARD OF COL'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, CHAIRMAN Page 2 wIIS(]ill¥1111ur Fee Simple PROJECT: PARCEL: FOLIO: 60171 101 Description of pan of Section 22, Township 48 South, Range 27 East Collier County, Florida (Right of Way Taking) All that pan of Section 22, Township 48 South, Range 27 East, Collier County, Florida being more particularly described as follows: Commencing at the southeast comer of Section 22, Township 48 South, Range 27 Eas!; thence along the east line of said Section 22, South 00°00'02'' West, 11.83 feet to a point 50 feet north of and parallel to the north linc of Golden Gate Estates, Unit 23 as recorded in Plat book 7, Page 9, Collier County Public Records and a point on the north line of Randall Boulevard; thence along the north line of Randall Boulevard North 88°09' I 1" West, 1241.60 ~eet to the Point of Beginning of the parcel herein described; thence continuing along said line North 88°09'11" West, 386.17 feet to a point of curvature; thence leaving said north line northwesterly 133.90 feet along the arc ora tangential circular curve concave easterly, having a radius of 50.00 feet through a central angle of 153~26'17'' and being subtended by a chord which bears North 11°25'55" West, 97.33 feet to a point on the southeasterly right-of-way line of Immokalee Road; thence along said southeasterly right-of-way line northeamerly 219.64 feet along the arc ora circular curve concave northwesterly, having a radius of 2914.92 feet through a central angle of 04°19'02'' and being subtended by a chord which bears North 63°07'41", East 219.59 feet; thence leaving said line South 45039' 16" West, 20.85 feet; thence South 27057'55" East, 40.78 feet; thence southeasterly 254.34 feet along the arc ora non-tangential circular curve concave northeasterly, having a radius of 242.00 feet through a central angle of 60°13'02" and being subtended by a chord which bears South 58004'22' East 242.79 feet; thence South 0 ! °49'05" West, 28.12 feet to a point on the north line of Randall Boulevard and Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Parcel contains 1.00 acres more or less. Bearings are based on the north line of Randall Boulevard, being North 88°09'I I" West. Certificate of authorization #LB-43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors 3934 ~ ~,Certificat~f authorization LB-g43. ~-,Vfflid unless embossed with the Professional's seal. Ret 3GG-515 W.O.: 65000-002-002-FLHRW Date: FEBRUARY 21,'2000 00210440007 Nap/es Fort Myers Saraseta Bradenton Tampa 3200 Bai/ey Lane, Suite 200 Naples, Florida34105-8507 941-649-4040 ~ 941~645-5716 ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE, TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF LIVINGSTON ROAD FROM STATION 373+75 TO THE LEE/COLLIER COUNTY LINE, CIE PROJECT NO. 21 (ULTIMATE SIX LANE ROADWAY). OBJECTIVE: To adopt a Resolution to acquire by gift, purchase or condemnation of fee simple title interests and/or perpetual, non-exclusive, temporary construction interests by easement required to complete Segment B urban roadway improvements for Livingston Road from Station 37.3+75 to the Lee/Collier County Line, CIE No. 21, (ultimate six lane roadway) (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #21. On May 19, 1998, the Board of County Commissioners adopted Resolution No. 98-165 authorizing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and necessary for the initial two-lane roadway improvements of Livingston Road from Inmmkalee Road (C.R. 846) to a point 0.5 miles south of the Lee/Collier County Line. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the additional road right-of-way for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACTt The right-of-way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at $263,749.00, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condenmation and final judgment for those non-exclusive, perpetual easements referenced in Exhibit "A", required to complete the initial two-lane roadway improvements for the Project. Funds in the amount of $263,749.00 are available in the Gas Tax Road Construction Fund and Road Impact Fee District One Fund for the Livingston Road Project. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #21. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condenmation the fee simple title interests and/or the perpetual, non-exclusive temporary construction interests by easement required to complete the construction of Livingston Road from Station 373+75 to the Lee/Collier County Line; (2) Authorize the Chairman to execute the attached Resolution; AG ~,N,[;)A t,T'EM - SUBMITTED BY: REVIEWED BY: Toni M0tt, Senior Sp~ecialist Real Property Management Department Mitch Momtaz, Project Manager Public Wo, rks Engineering Department DATE: DATE: REVIEWED BY: / ~: .//.. >, Jeff Bibbv, Director /'~' E{iWhr2rFinn, Inte. ri~A~fi{inistrator.~ (~-/~.~ Publid ~Vorks Di,:isioh DATE: DATE: RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE INITIAL TWO-LANE ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD FROM STATION 373+75 TO THE LEE/COLLIER COUNTY LINE, CIE PROJECT NO. 21. 6 7 8 9 10 11 12 WHEREAS, the Board of County ConUmssioners (Board), on February 23, 1999, adopted Ordinance No. 13 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the 14 Growth Management Plan in order to establish prior/ties for the design, acquisition and construction of the various 15 capital improvement projects. The Transportation Element of the County's Comprehensive Plan was adopted in 16 Ordinance No. 99-13; and 17 WHEREAS, the initial two-lane construction of Livingston Road from Station 373--75 to the Lee/Collier 18 County Line {hereinafter referred to as Segment B), is one of the capital improvement projects required under the 19 Transportation Element of the County's Comprehensive Plan; and 20 WttEREAS, the Board of County Cormmssioners, on May 19, 1998, adopted Resolution No. 98-165, 21 authorizing the County Staff to acquire by gift or purchase certain easements and/or fee simple title to the property and 22 proper~z interests required and necessary for the initial two-lane roadway improvements of Livingston Road Rom 23 Immokalee Road (C,R. 846) to the Lee/Collier County Line, which is inclusive of Segment B & C; and 24 WHEREAS, the location for construction of the proposed Segment B improvements has been fixed by survey 25 and is collectively represented by the legal descriptions comprising Exhibit 'A" attached hereto and incorporated herein. 26 WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of 27 project alternatives, various impacts upon the environment, long range planning options, and public safety 28 considerations, the Board desires to exercise its fight to condemn property for Segment B for public purposes. 29 NOW, TltEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 30 COLLIER COU~'B,~TY, FLORIDA, that it has been determined by the Board that the construction of the Segment B 31 initial two-lane roadway for Livingston Road from Station 373+75 to the Lee/Collier Line, (hereinafter referred to as 32 "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the 33 citizens of Collier County. 34 AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range 35 planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth 36 Management, as approved by the Florida Department of Community Affairs. 37 AND IT IS FURTHER RESOLVED that thc County staff has reviewed alternative locations for the Project, 38 various impacts to the environmental, public safety and welfare considerations associated with the design and 39 consmaction of the project, and the costs associated with the design, property rights acquisition, and construction of the 40 pr°Ject; and the Board finds that after consideration of these issues, the most feasible location for construction of the 41 proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and 42 inco~orated herein. Pa~e 1 43 AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire the various real property interests described Exhibit "A" to wit: fee simple title interests and/or 46 perpetual, non-exclusive temporary construction interests by easement. 47 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 48 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, 49 purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above- 50 referenced real property interests more pamcularly descmbed in Exhibit "A", attached hereto and incorporated herein. 51 AND 1T IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired 52 and therefore it will not be necessary to remove any mobile homes from the property to be acquired. 53 This Resolution adopted on this _ day of ,2000, after motion, second and majority vote. 54 55 56 57 58 59 60 61 62 BOARD OF Coc2qTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: 63 64 65 66 Approved as to form and r~' legal sufficiency: Heidi F. Ashton Assistant County Attorney 7O 71 72 73 74 75 TIMOTHY J. CONSTANTINE, CHAIRMAN Page 2 Hole, Montes & Associates Engineers / Planners / Surveyors 715 Tenth St. South PO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 HMA FILE #85.31 MAY 5, 1989 DESC RI PTi ON: FEE SIMPLE PARCEL 12-T ROAD RIGHT-OF-WAY 10550 Abemathy Street Bonita. Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 PROJECT; 65041 FOLIO: 00147400000 A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39'39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00°52'07'' W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2631.75 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00°52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1316.77 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 00°52'07'' W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION' 12 FOR A DISTANCE OF 1316.78 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 88°57'39'' E. ALONG THE NORTH LINE OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 00°52'07'' E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1316.73 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN S. 88°54'12'' W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88039'39'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05/30/89 HOLE, MONTES & ASSOCIATES, INC, P.L.S. #3741 STATE OF FLORIDA EXHIBIT Page__~.....of "~ II NOTES: BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39f39" W, ALONG THE SOUTH' LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. PARCEL 12 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN O,R, BOOK 1262 AT PAGES 2248 AND 2249 OF THE PUBLIC RECORDS OF CQLLIER COUNTY, FLORIDA. PARCEL 12-T - PARCEL TAKE " NOT A SURVEY HOLE MONTES & ASSOCIATES jTO~S,.ap48,¢' J~D~. I/N ,,z~.,¢ IPf~F'cT "~ Hole, Montes & Associates Engineers / Planners / Surveyors PROJECT: 65047 FOLIO: 00147120005 715 Tenth St. South RD. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992*2327 HMA FILE #85.31 MAY 31, 1989 FEE SIMPLE PARCEL 7-T DESCRIPTION: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39'39'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00°52'07'' W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2631.75 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00°52'07'' W. ALONG THE WEST LiNE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 658.39 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE CONTINUE N. 00°52'07'' W. ALONG THE SAID WEST LINE FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 00°52'07'' W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 628.39 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 88°54'12' E. ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 00°52'07'' E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 628.36 FEET; THENCE RUN S. 88°52'29'' W., PARALLEL WITH THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.72 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39'39'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST '1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05/31/89 HOLE, MONTES & ASSOCIATES, INC. THOMAS Jo GARRIS P.L.S. //3741 STATE OF FLORIDA NOTES: BEARINGS SHOWN HEREON AEFER TO AN A~SUMED BEARING OF S. 88~39~39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12~ TOWNSHIP 48 SOUTH, RANGE 25 EAS~ COLLIER COUNTY, FLORIDA, SUBJECT TO EASEMENTS~ RESERVATIONS OR RESTRICTIONS OF RECORD, PARCEL T PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN O.R. BOOK 1103 AT PAGE 765 OF THE PUBLIC RECORDS OF COLLIER COUNTY~ FLORIDA. PARCEL T-T-- PARCEL TAKE NOT A SURVEY ~CT PROJECT: 65041 Hole, Montes & Assodates Engineers / Planners / Surveyors EXH Brr_6L FOLIO: 00146920002 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 HMA FILE #85.31 MAY 30, 1989 FEE SIMPLE PARCEL 1,06-T DESCRIPTION: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39'39'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 00052'07'' W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1315.88 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 00052'07'' W. ALONG THE SAID WEST LINE FOR A DISTANCE OF 1315.87 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N. 88°50'46'' E. ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 00°52'07'' E., PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 1315.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 12; THENCE RUN S. 88°45'12'' W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°39'39'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05/31/89 HOLE, MONTES & ASSOCIATES, INC. THOMAS J. GARRIS P.L.S. #3741 STATE OF FLORIDA EXHIBFT ~TE8 ~ 8~I~S S~ HH~ ~FE~ TO ~ ASS~ED BE~I~ OF S, 88"~39" W. ALONG THE SOUTH LINE OF THE SOUTHEAST .1/4 OF SECTION 12~ TOWNSHIP 48 SOUTH~ RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEME~ RESERVATIONS OR RESTRICTIONS OF RECO~D. PARCEL 1.06 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN O.~ BOOK 1112 AT PAGE 2~ OF THE PUBLIC RECORDS OF COLLIER COUNTY~ FLORIDA. PARCEL 1.0~T - PARCEL TAKE NOT A SURLY EXHIBFF N PROJECT: 65041 FOLIO: 00147960003 TEMPORARY CONSTRUCTION EASEMENT S 00'50'22" E 329.~5' I ~ I1~ 0052'07' E 299.22' 25 T =>~o~ >~ ~ ~ ~ ~oz~z F ~m o' ~ ~m>m~ ~ '>~o~= ~ ~ ~ ~ = c O0 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF UTILITY AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE THIRTY (30") INCH PARALLEL SEWER FORCE MAIN ALONG IMMOKALEE ROAD AND WITHIN CREEKSIDE COMMERCE CENTER, PROJECT 73943. OBJECTIVE: To adopt a Resolution to acquire by gift, purchase or condemnation of utility and temporary construction easements required to complete the Thirty (30") Inch Parallel Sewer Force Main along Immokalee Road and within Creekside Commerce Center, (hereinafter referred to as "the Project"). CONSIDERATION: On July 22, 1997, the Board of County Commissioners adopted the 1997 Wastewater Master Plan Update for the North County Service area. One of the recommendations in the Master Plan Update was to install a new 30-inch parallel sewer force main along the Immokalee Road segment located between U.S. 41 and Goodlette-Frank Road and finally connecting to the North Water Reclamation Facility. On July 28, 1998, Agenda Item 16(b)(4), the Board approved the final ranking of consultants and entered into Contract 98-2790 with Greeley & Hansen for design and construction services for the proposed new 30-inch Parallel Sewer Force Main. Various design options were presented and discussed with the property owners. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the intersection improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: Total acquisition costs are currently estimated at $75,665.00, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation and final judgment for that non-exclusive, utility and temporary construction interests by easement referenced in Exhibit "A", required to complete the Thirty (30") inch lmmokalee Road Parallel Sewer Force Main Project. Funds in the amount of $75,665.00 are available in Fund 413, Sewer Impact Fee Fund. GROWTH MANAGEMENT IMPACT: The project is needed to meet future sewer flows in the North service area and to ensure sewer service reliability of wastewater collection system as recommended in the 1997 Wastewater Master Plan Update adopted by the Board of County Commissioners on July 22, 1997, Items 12(c)(4) and 12(c )(5). RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation the utility and temporary construction easements required to complete the Thirty (30") Inch Parallel Sewer Force Main along Immokalee Road and within Creekside Commerce Center; (2) Authorize the Chairman to execute the attached Resolution; AGENDA ITEM No. ~f~.~ __ APR 1 1 2000 Pg, \ Tonbt~l~ott, Senior S~peci~'st v Real Property Management Department REVIEV~ED BY: ~'~' ~*~ Mohan V. Thanpi, P.E, Project Manager P~ic Wor~ ~inee~in~Department ~~~eff Bibby, P.E., Di~cto~ / Edw~ Finn, ~eri~dmini~tor /~ublfc Wor~ Division / DATE: DATE: ~~ DATE: ~ ~/~ C~ DATE~ :~~//~~ APR 1~ 2000 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 KE$OLUTION NO. 2000- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL LvI~ITY AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF TI-EE THIRTY (30") INCH PARALLEL SEWER FORCE ,MAIN IMPROVEMENT PROJECT ALONG IMMOKALEE ROAD AND WITHIN THE CREEKSIDE COMMERCE CENTER. WHEREAS, th~ Board of County Commi~ioners, on July 22, 1997, adopted the 1997 Wastewater M~ter Plan Update for the North County Service area in order to establish priorities for the design, acquisition and construction of the various wastewater capital improvement projects; and WHEREAS, the Thirty (30") Inch Parallel Sewer Foroe Mare Improvement Project along Irrmankalee Road and within the Creekzide Commerce Center ia one of the wastewater capital ic~0, ovement projects rcqui~d under the 1997 Wastewater Master Plan Update for the North County Service area; and WHEREAS, the location for construction of the proposed iml~rovements has been fixed by survey and ia collectively represented by the legal descriptions comprising ExM~oit "A" attached hereto and incorporated herein. WHEREAS, al/er consideration of the availability of alternate mutes and locations, the comparative costs of project alternatives, various impacts upon the envh-onment, long range plaonmg options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the Thirty (30") Inch Parallel Sewer Force Main Improvement Project along lknnwkalee Road and w/thin the Creckside Corameree Center, (hereinafter referred to as "the Project") is necessary and in the public's best interest m order to protect the health, safety and welfare of the citizem of Collier County, AND IT IS FURTHER RESOLVED that consWuction of the Project is part of the County% long range phnnmg effort, and ia included m the 1997 Wastewater Master Plan Update for the North County Service area, as approved by the Florida Department of commumty Affairs. AND IT IS FURTBER RESOLVED that the County Staff has reviewed alternative locations for the project, var/on~ impacts to the environmental, public safety and welfare considerations associated with the design and construction oftbe project, and the costs associated w/th the design, property right~ acquisition, and construction of the project; and the Board findz that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represenmd by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herem- AND IT IS FURTHER RESOLVED that m order to construct the project as designed, it is necessary for the Board to acquire the various real properly interests desert%ed Ex.'bit "A" to wit: perpetual, non-exclusive utility and temporary construction interests by easement. Page 1 APR i }2000 42 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 65 66 67 AND IT IS FURTHER I~ESOLVED that all prop~'y shall be put to public purposes. AND IT IS FUKTI-~R I~SOLVED that the County staff is hereby authorized to immediately acqu~re by gift, pu~chaae or condemnation in accordance with the provisions of Chapters 73, 74 ami 127, Florida Statutes, thc above- referenced real iJ[up~rty intm'ests more particularly desclsbed in Exhibit "A", attached hereto and inco~orated hereixL AND IT IS FURTHER RESOLVED that no mobile homes ate located on the proper~y sought to be acquired ami therefore it will not be uecessa~ to remove any mobile homes from the property to be acquired. Tl~s Resolution adopted on this day of ., 2000, afar motion, second and majority vote. 72 73 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATFEST: DWIGHT E. BROCK, CLERK By: , Approved as to form __lC_. D Assistant County Attorney TIMOTHY J. CONSTANTINE, CHAIRMAN Page 2 APR oo0 SKL'TCH TO ACCOMPANY DESCRIFI'IONS UTIUTY & TEMPORARY CONSTRUCTION EASEMENTS ALONG IMMOKALEE RD ,w c,, s~-c ~,7 ../' NORTH LINE OF' NW/4 SECTION 27 s89~4'o5'£ POC DESC PO8 DESC 1 --------- - '~ - - · L12 ~E"~ ~ (CR ~al,6) ~ ...... 147 ~' ~ P~ DESC / . UTILITY .~ASM.~NT & c~,~,~ '~ / TEMPORARY CONSTRUCTION / ............ N89~4'03"W 147.90~ [3 ~ .~ u U ~ EASEMENT ~p(~ ~:;;[~,.... EXHIBIT LINE TABLE LINES LENGTH BEARIN(~ L1 7.02 N45'28'51"E L2 28.06 N45'28'51"E L3 20.00 S00'02'35"W L4 81.11 S89'04'.05"E L5 L9 40.00 S00'55'57"W L6 LIO 40.00 N. 89'O4'O3"W L7 Lll 40.00 NOO55'57"E L8 101.4-2 N89'O,I-'O3"W L12 L13 40.00 S89'04'03"E PART DF DR 1394 PG 1675 PARENT PARCEL+ 33,79 Ac REMAINS~ DETAIL 1": 20' N89'57'4.9'~ 1245.00' Project: · ACREAGE NET DF PERMANENT Parcel: UTILITY EASEMENT DNLY Folio: 73943 901/701/702 00167800004 JEFFREY C. COONER AND ASSOCIATES, INC. OCT 14.19. SURVEYING AND MAPPING ~CAIF 1"- 9~' I 3900 COLONIAL BOULEVARD, SUITE Z FORT M'~RS. FLORIDA 33912 ~---":':'.,.,,,:.A~iT&'~ I, SKETCH TO ACCOi :)ANY DESCRIPTION UTIUTY &: TEMPORARY CONSTRUCTION F. ASEM~ ALONG IMMOKALEE RD SEC]ION 27, TOWNSHIP 48 SOUTH, RANGE: 25 FAST, COLMER COUNTY, FLORIDA % A,~ - ASPHALT MH - MANHOLE .6 B - BEAFaNG OF CHORD MB -MEIER BOX BM - BENCH MARK MON - MONUMENT BP - BIKE PATH NW "" NAIL & WASHER B(~ - BOTTOM OF BANK OR -' OFFICIAL RECORD BLDG .. BUILDING PAVT - PAVEMENT BC - BOX CULVERT PK -, PK NAIL CB - CATCH BASIN P "" PLAT CL - CE:NTERUNE: PCP - PERI~ENT CONTROL POINT CI.F - CHAIN LINK FENCE: PGS ,- PAGES CO - Ct.F. ANCUT Pt( - PARt(ER KAYLON NAIL COLIC - CONCREIE: Iq. - PROPERTY LINE CBS - C(3NC. BLOCK STUCCO PO~ "" POINT OF BE:GINNING CD - CONC:REIE: DRfVE:WAY PROF - PROFESSIONAL CM - CONCRETE MONUMENT POC -, POINT OF COMMENCEMENT CNR - C(3RNER PRM - PERMANENT REFERENCE: MARK CW - CONCRETE WALL R - RADIUS CMP - C(3RRUGA'IE:D METAL PIPE: RR -, RAILROAD RAIL D - ~ OR DELTA ANGLE RES - RESERVED DO - DIRT DRIVEWAY ROW ,- RIGHT-OF-WAY DS - DESCRIPTION RCP "' RE]NFDR(2~ CONCRETI[ PIPE: EP - EDGE: OF PAVI~/ENT RRP ,- R~ RAP i:1 IrV ,. rllrVATION SMH - SANITARY SEIIIER MANHOLE F - REID OR MEASURED SSP - SERMCE POLE FC -FENCE:CORNER Si= - SL:IIER PIPE .---. FH - FIRE H'fl3RANT SW "' SIDE:WALK FIX)T "" FL DEPT. OF TRANSPORT SI - SIGN Fpa,! .. FL~DA PO~E:R AND UGHT ST - ~ FND "" FCUNO T '" TANGENT GOVT ' GOVERNUENT TI. - TRAF~C UGHT CONTROL BOX GS - GROUND SHOT TOS =' TOE OF SLOPE (]OR -. GUARDRAIL TO~ .- TOP OF BANK GW - GUY ~MRE TWP ,- TOIM~ISHIP GIt, P - GUY V4RE POLE 'IR - TREE HW - HEADWALL TYP ,- TYPICAL INV ,- IN~/E:RT UG "" UNDERGROtJND IP ,., IR~ PIPE USH -, UG SPRIN~ HEAD IP&C - IRON PIPE & CAP UTV - UNDERGROUND T.V. BOX IR .- IR(3N ROO V4d -, WA1E:R ME'I'ER IRC ,- IRON ROD & CAP ~ "" WA1E:R PIPE: KSY -, KUNDE, SPRECHER, YAS~N ~ -- V/IRE FENCE: L - LENGTH ~ - WOOD DECK LP ,- MGHT POLE A -- DELTA ANGLE I.S - LAND SURVEYOR * - MORE OR LESS/APPROX]MA1E: 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 2. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-50-98 TO 10-1¢-99. .3. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. ¢, BEARING BASIS IS FOR THE NORTH LINE OF THE NW/a, OF SECTION 27 TO BEAR S89'04'03"E. "-"', JEFFREY C. COONER AND ASSOClA S, INC. OCT 14, 1999 , SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912 'AG~,~A N~HFFT 2 CJF 2 PHONe (e,1)277-0722 (e4 )2 -717 EM.u SURVEYOmCOON .O PC,. DESCRIPTION UTILITY EASEMENT STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A 20 foot wide tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest corner of said Section 27, Township 48 South, Range 25 East, Collier County, Florida nm S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.R. 45) for 125.02 feet to the south line of Immokalee Road (C.R. 846); thence along said south line N 45° 28' 51" E for 7.02 feet to the Point of Beginning. From said Point of Beginning continue along said southerly line the following courses and distances: N 45° 28' 51" E for 28.06 feet, S 89° 04' 03" E for 573.46 feet; S 86° 12' 18" E for 500.61 feet, S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 beginning at Page 1568 of the Public Records of Collier County, Florida; thence run S 00° 02' 33" W along said westerly line for 20.00 feet to an intersection with a line parallel with and 20 feet southerly of(as measured on a perpendicular) said south line of Immokalee Road; thence run the following courses and distances along said parallel line: N 89° 04' 03" W for 147.90 feet, N 86° 12' 18" W for 500.62 feet and N 89° 04' 03" W for 592.63 feet to the Point of Beginning Containing 24,600 square feet more or less or 0.57 acres more or less. Beatings hereinabove mentioned assumes the north line of the northwest quarter (NW- l/4) of Section 27 to be S 89° 04' 03" E. Jeffrey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT "A" STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A tract or parcel of land for a temporary construction easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest comer of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.R. 45) for 125.02 feet to the south line of Immokalee Road (C.R. 846); thence along said south line N 45° 28' 51" E for 7.02 feet to an intersection with a line parallel with and 20.00 feet southerly of(as measured on a perpendicular) the south line of said Immokalee Road; thence run S 89° 04' 03" E along said parallel line for 81.11 feet to the Point of Beginning. From said Point of Beginning continue along said parallel line S 89° 04' 03" E for 40.00 feet; thence nm S 00° 55' 57" W for 40.00 feet; thence run N 89° 04' 03" W for 40.00 feet; thence nm N 00° 55' 57" E for 40.00 feet to the Point of Beginning. Containing 1,600 square feet more or less or 0.037 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- l/4) of Section 27 to be S 89° 04' 03" E. Jeffrey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) APR 11 2000 DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT "B" STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A tract or parcel of land for a temporary construction easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest comer of said Section 27, Township 48 South, Range 25 East, Collier County, Florida mn S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.K 45) for 125.02 feet to the south line of Immokalee Road (C.R. 846); thence along said south line N 45° 28' 51" E for 35.08 feet; thence continue along said southerly line the following courses and distances: S 89° 04' 03" E for 573.46 feet; S 86° 12' 18" E for 500.61 feet, S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 beginning at Page 1568 of the Public Records of Collier County, Florida; thence run S 00° 02' 33" W along said westerly line for 20.00 feet to an intersection with a line parallel with and 20 feet southerly of(as measured on a perpendicular) said south line of Immokalee Road; thence run along said parallel line N 89° 04' 03" W for 101.42 feet to the Point of Beginning. From said Point of Beginning run S 00° 55' 57" W for 40.00 feet; thence run N 89© 04' 03" W for 40.00 feet; thence run N 00° 55' 57" E for 40.00 feet to said parallel line; thence run along said parallel line S 89° 04' 03" E for 40.00 feet to the Point of Beginning. Containing 1,600 square feet more or less or 0.037 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- l/4) of Section 27 to be S 89° 04' 03" E. Jeffrey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) APR 11 ~I~TCH TO ACCOMPANY DE~CRIPTION · UTILITY EASEMENT, IMMOKALEE RD, SEC 27, T48S, R25E, COLLIER COUNTY, FLORIDA STRAP No. 482527013.0003A27 OCEAN BOULEVARD PARTNERSHIP, II _..[ Noo'O2'33'E 475.22' W. LIN'"E "~F SEC. 27 E. ROW (SR 45) (US z,1)/~'~,I~---lq~T-U"NR SEC 27 FND CM_//I~ POC DESC LB 642/ ~ ~S00'02'33'W 125.02' EXHIBIT RFND CM~ ~ '.4,5~8'51'£ 35.0,' [lJajle ~~ LB 642 o~ 25' ~ I : PART DF NW ON I PG 1568 STRAP No.482527013.0003A27 OCF_JkN BOULEVARD PARTNERSHIP, II PARENT PARCEL REMAINDER *39.25 Ac* ~J ~. J (NET OF UTILITY EASEMENT ONLY) · 20' - j N7~8' NOl'39'OO"W 1 ~74.30' I, 150' ,WAY, TRACT R---re. NOO~31'42'E 27.71' r m ?roject: 73943 j Parcel: 902 ~: 'UNE TABLE I ~ " ~ UNEi LENGTH BEARING .. L~ 20.00 NOo-o2'33"E ~ , -~' I 12 20.02 S01'39'00"E JEFFREY O. COONER AND AS~OCIA]~S, INC. OCT 15, 1999 3900 COLONIAL BOULEVARD. SUITE: 2, FORT MYERS, FLORIDA 33912 PHONE: (g41)277-0722 FAX: (94.1)277-717g EMAII..: SURV~-YOR~OOONER,CO APR i ~ 2000 UNE TABLE UNE LENGTH BEARING L1 20.00 NOo-o2'33"E 12 20.02 S01'39'00"E SICE'I'CH TO ACCOMPANY DESCRIPTION UTIUTY & 1EMPORARY CONSTRUCTION EA~T~ ALONG IMMOKALEE RD SECTION 27, TO'~ISHIP 48 SOUTH, RANGE 25 ~, COLUER COUNTY, FLORIDA ASPH - ASPHALT MH -, MANHOLE B - BF. AR~ OF CHORD MB -, METER BOX BM - BENCH MARK MON - MONUMENT BP - BIKE PATH NW - NNL & WASHER BG - BRIOGE OH "OVERHEAD RIRE BO8 - BOTTOM OF BANK OR - OFFICIAL. RE:CORD BLDG -- BUILDING PAVT -- PAVE~IENT BC - BOX CUI.~/I~T PK - PK NAJL C8 - CATCH BASIN P - PLAT CO "a. EANOUT I=I< - PARKER KAYI.ON NAIL CM - CCN~ MONUMENT POC - POINT OF COMME~CE:M~T D - I~ OR DELTA ANGLE RI~ - RESE~/E:D DO - DIRT DI~AY ROW - RIGHT-OF-WAY DS ' OE~~ RCP '" REINFORCED CONCRETE PIPE DH - DR~.L H(X.E RGE - RANGE EP - EDGE OF PAVEMENT RRP - RIP RAP m rV . EI.EVAllON SUH - SANITARY SL~ MANHOt. E F'DOT - FL. DEPT. OF TRANSPORT SI - SIGN FND - POUND T - TANGENT GS - GROUND SHOT TOS - TO[ OF SLOPE G'W -- GUY ~ ~ - TOt/4'ISHIP HW - HEAl)WALL. TYP - TYPICAL INV - INM;RT UG -, UNDERGROUND IP .- IRON PIPE USH -, UO SPRJNKLER HEAD IP~;C -, IRON PIPE & CAP UTV - U~D T.V. BOX IR - IRON ROO '4M - WAI~R METER IRC - IRON ROD & CAP V, fi - WA1;:R PIPE KS*( m KUNI3~ ~lll~C~"~ YA~I~N ~" I V~RE~ FENCE L "'LENGTH t~) m '~OO0 DECt( LP - LIGHT POLE /' - DELTA ANGLE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 2. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-14--99. 3. INSTRUMENTS REFERENCED ARE OF COLUER COUNTY RECORDS. 4`. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4` OF SECTION 27 TO BEAR S89'04'03"E. JEFFREY C. COONER AND ASSOCIATES, INC. OCT 14. 19 . SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912 ~ EXmStr DESCRIPTION UTILITY EASEMENT STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, II A 20 foot wide tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest corner of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.1L 45) for 125.02 feet to the south line of Immokalee Road (C.IL 846); thence along said south line N 45° 28' 51" E for 35.08 feet; thence continue along said southerly line the following courses and distances: S 89° 04' 03" E for 573.46 feet, S 86° 12' 18" E for 500.61 feet, and S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 beginning at Page 1568 of the Public Records of Collier County, Florida to the Point of Beginning. From said Point of Beginning continue along the south line of said Immokalee Road S 89° 04' 03" E for 621.23 feet to the west line of Creekside Way (Tract R) as shown on the plat of Creekside Commerce Park West-Unit One recorded in Plat Book 29, Pages 57 and 58 of said Public Kecords; thence nm S 01° 39' 00' E along said west line for 20.02 feet to an intersection with a line 20 feet south of and parallel with (as measured on a perpendicular) the south line of said Immokalee Road; thence run N 89° 04' 03" W along said parallel line for 621.82 feet to said westerly line; thence run N 00° 02' 33" E for 20.00 feet to the Point of Beginning Containing 12,430 square feet more or less or 0.29 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- l/4) of Section 27 to be S 89° 04' 03" E. Jeffrey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) APR 11 2000 I ~ TO ACCOIIPANY UTILITY ~TS ALONG CREEKSIDE COMMERCE PARK ~IE:ST UNIT ONE PB ;29, PGS 57 58 SEC~ON 27, TO%%NSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA STRAP No. 482527013.0003A27, OC~ BOULEVARD PARTNERSHIP° II DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEl SEWER FORCE MAIH · ~r~,~a~ m ~ poc ecsc. -, IMMOKALEE ROAD (CR 846) ~, ~[ ~f.Y.o._. '~ (~DTH VAmES) N 89°04'05' W /% I \ 20.02 Project: 7:;943 N 89~.4;~,3' W-///,~ i ~_ POl~ DESC. Parcel: 9.t3 Folio: 001610406 PART OF OR 2009, PAGE 1568 ~] 19 >- "'or 0I · ~ ~ ~ ~ II 0 ~ SmAP No. ~ ,~ ~ ~ 482527013.0003A27 ~ ~.~ .m. OCEAN ~OU~V~D ~. PARTNERSHIP, II :1 PARENT PARCEL REMAINDER I, ~= -' S 447_.2'18" E 14.74' ~'"---- · ACREAGE OF PARENT PARCEL IS ,N~:T OF U'nUT',' EASE~,ENT SHOWN ONLY. I! ,.- 4EFFR~ C. COONER AND ASSOOIATES, INC. ~. ~9, 2o00 SURVEYINO AND IdAPPINO SCY ~' I' -- ~'3_' , - 3900 COLONIAL BOULEVARD. SUITE 2. FORT MYERS, FLORIDA 35912 IEB'IL 1 OF2 PHONE: (94.1)277-0722 FAX: (94.1)277-7179 EMAIL: SUR'V'E~ER. COM S ~c~. EXHIBIT SKETCH' TO ACCOMPANY DESC ON UTILITY ~ENTS CREEY~DE COMMERCE PARK SECTION 27, TOM~ISHIP 48 SOUTH. FLanGE 25 EAST, COLUER COUNTY. FLORIOA DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE ASPH m ASPHALT Mil ,- MANHOLE BM' - BE)ICH MARK MB - METER BOX BP =' BIKE PATH MON "=1~ BO -I~ I~ -. NAIL & WA~ I~ - BOTTOM (3F' BANK OH BI.DO - BUI.DINe OR - OFFICIAL RECORD BO - BOX OJLVE~ PAVT ' PAM3~NT ~ ' CHC~D BE. AR:lNG P - PLAT ~ -' CHAIN LINK FENC~ ~ '" PEIR~dA.NE]4'T C()N'IR(%. ~ O0 - CLEANOUT POS "PAGES CD - CONCR~ DRIVEWAY POB "POINT OF BEOINNINO CNR - ~E~ POC - POINT OF COMMENT CW - C~ WALL PP - POVlER POLE CUP - CO~TEB METAL PIPE: R "' RADIUS D "DEI~ O~ DELTA ANGLE RRS I:~ .= DE~'~ RO~ - RIOHT--OF-;WAY DH - DRILL HOLE RCP .- RI~NF(~ OONCI~ PIPE EP - ~ 0E PAM~IENT ROE - RANO~ m~'V -ELEVATION RRP - RIP RAP F - F1B.D OR M~ SIdH - SANITARY ~ MANHOLE FO - FENCE CORNER SSP - SERVICE POLK FH - RRE HYDRANT SP "" SE'V4~:R PIPE F'DOT ' FL DEPT. OF 't~C~T SW .= SIDEWALK FPa:I. ' F1J:~DA POM~R AND UGHT SI "" SION FND - FOUND ST - STEEL OOVT == GOVERNMENT T m TANGENT LS -- LANO SURVEYOR A - DELTA ANGLE d:: - ~ OR LESS/APPRO:~MATE MAIN FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. C. COONER AND A:SSOClATES. INC. SURVEYING AND MAPPtNO 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912 PHONE (941)277-0722 FAX: (941)277-7179 EMNI~ SURV~.~X~COONER.COM OCT 14, 1999 12000 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. ;3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-1~,-99 4. INSTRUMFJqTS REFERENCED ARE OF COLUER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH MNE OF THE NW/4 OF SECTION 27 TO BEAR S89'04'03'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE DESCRIPTION UTILITY EASEMENT STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSH]?, II A tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the intersection of the south line of Immokalee Road (C.IL 846) and the west line of Creekside Way (Tract R) as shown on plat of Creekside Commerce Park West-Unit One recorded in Plat Book 29, Pages 57-58 of the Public Records of Collier County, Florida; thence run S 01° 39' 00" E for 20.02 feet to the Point of Beginning From said Point of Beginning run N 89° 04' 03" W along said south side of Immokalee Road for 50.00 feet; thence run S 45° 21' 07" E for 57.82 feet to an intersection with a line parallel with and I0 feet westerly fi.om (as measured on a perpendicular) said west line of said Creekside Way; thence nm S 01° 39' Off' E along said parallel line for 303.27 feet; thence run S 44° 22' 18" E for 14.74 feet to a southerly prolongation of said Creekside Way and the west line of said Creekside Commerce Park West-Unit One; thence run N 01° 39' 00" W along said west line and the west line of said Creekside Way for 353.65 feet to the Point of Beginning. Containing 4,280 square feet more or less or O. 10 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- l/4) of Section 27 to be S 89° 04' 03" E. J~effrey C. Cooner Professional Land Surveyor Flor/da Certificate No. 4052 (For the Firm: LB 6773) I ' ' SKE'I~H TO ACCOMP~ DESCRIPTION I uTiu~ EA,q~ENTS IN CREE]~DE COUUERCE PARK ~ UNIT ONE PB_ .29. _P_~._?7 58 /..L SECTION 27, TOM¢SHIP 48 SOUTH, RANGE 25 EAST, coLU_ER.._C~UNTY, FLO~U S1RAP No. 2559(XX)13~27. CREEKSIDE ~EST. INC. DESlON AND PARALLEL SEWER FORCE MAIN IMPLEMENTATION. OF 30-INCH CREEKSIDE waY s 89 7'04' E 76.85' (TRACT R) N 01'39'00" W 15.42' --r~-~"-~a"~ "--' POB DESC NW CNR TRACT "0" CREEKSIDE COMMERCE N 44'22'18' W 86.76' UTILITY EASEMENT Project: Parcel: Folio: 73943 904 29331190644 jPARK WEST J EXIST. 20' COUNTY UTILITY SIDEWALK EASEMENT CREEKSIDE COMMERCE PARK WEST - UNIT ONE PB 29, PCS. 57 &: 58 5 STRAP No. 255900015A27 CREEKSIDE WEST, INC. PARENT PARCEL REMAINDER + 0.99 Ac* I LJ~ /S. LINE LOT 5 1 ~ /I~ROPOSED CREEKSIDE BOULEVARD (64' WIDE) N89'O8'11"W 15.00' -/ TRACT "R" CREEKSIDE COMMERCE PARK WEST UNIT 2 *ACR~A~[ OF PARENT PARCEl IS NET OF UllUlr'( [A$~IW[NT SHgWN ON,rY. dEFFREY C. CJ:)ONER AND ASSOCIATES, INC. SURVEYING AND MAPPING JAN. 14, 2000 SCALE 1" = 100" J 3900 COLONIAL BOULEVARD, SUITE Z FORT MYE]~$, FLORIDA 33912 J APR ll 2000 i EXH rT DESIGN ~~H TO ACCOMPANY D]~C~ON AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE MAIN ) m A.qI"~.T 141 - IAI - BI~ ILARK 14) - Iirl~ 80X BP - BIKE PA1H MON "~NU~e]~rr BC - BOX CUL~"r PAVI' ,-, (~8 - CHOI~ ~ P -.PLAT O0 - CLEANOUT I"~ ~ PAGES CD ,- C(g~RETE I~II~'IIfAY PO8 ,- F~NT OF BEQNNING D -nm=n(g~D~TAANGLE__ RRS -RALROAD~ DS - DE~IP~ ROW m RIGHT-(~F'-WAY EP "ED~ ~F' PA~IdENT R~ - RAN~ F - FIELD (iR laEASUR~ SMH ' SANITARY ~ MANHiXE OOVT - O0~RI41ENT T - TANGENT HW '" HEADNN. L TR - TREE IR - INON RO0 U1V ' ~ND T.V. BOX LS m LAND SURI,~'YOR A ' DELTA 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS F1RM FROM 9-30-98 TO 10-14-99 4. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH MNE OF THE NW/4 OF SECTION 27 TO BEAR S89'O4'O3'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FLIES FROM JOHNSON ENGINEERING, INC. - dEFFR~ C. COONER AND ASSOCIATES. INC. OCT 1~, 19,.., SURVEYING AND MAPPING ~ COLONIAL BOUI. EVA{~. SUITE 2. FORT MYERS, FLORIDA 33912 ~! xmSlr_B-- DESCRIPTION UTILITY EASEMENT TRACT O, CREEKSIDE COMMERCE PARK WEST-UNIT ONE STRAP NO. 253900013A27, CREEKS[DE WEST, INC. A tract or parcel of land for a utility easement lying in Tract O, Creekside Commerce Park West-Unit One, as shown on plat recorded in Plat Book 29, Pages 57 and 58, Collier County Records, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest comer of said Tract O mn S 89° 17' 04" E along the south line of Creekside Parkway (Tract R) as shown on said plat for 76.85 feet to an intersection with a line parallel with and 20 feet westerly from (as measured on a perpendicular) the east line of said Tract O being also the west line of an existing County Utility Sidewalk Easement (20 feet wide); thence run S 00° 32' 27" W along said line for 659.28 feet to the south line of said Tract O; thence run N 89° 08' 11" W along said south line for 15.00 feet to a line parallel with and 35 feet westerly fi.om (as measured on a perpendicular) the east line of said Tract O; thence run N 00° 32' 27" E for 582.58 feet; thence run N 44° 22' 18" W for 86.76 feet to the west line of said Tract O being also the west line of said record plat; thence run N 01° 39' 00" W along said west line for 15.42 feet to the Point of Beginning. Containing 12,715 square feet more or less or 0.29 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- l/4) of Section 27 to be S 89° 04' 03" E. ey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) DESIGN AND IMPLEMENTATION OF SO-INCH CREEKSIDE ~OMMERCE PARK WEST- UNIT TWO SKETCH TO ACCOMPANY DESCRIPTION UTIUTY ~ENT$ IN CREI~SIDE COMblERC~ PARK WEST UNIT ONE UNRE~, SECTION 27, ~SHIP 48 Sou'el, RANGE 25 EAST, COUJER COUNTY, FLORIDA SlRAP No. 482.527017.(XXLtA27, CREEXS1DE WEST, INC. PARALLEL SEWER FORCE UTILITY EASEMENT O0 O~ MAIN TRACT L2 POB DESC. 10.05 0 STRAP No. 48252701~.0003A27 CRFEKSIDF ?VFST, INC. PARENT PARCEL REMAINDER -0 0 "13 0 i-ri N 04'~5'19" W 3.51'-~ [ Pro~ect: 3943 % Parcel: ~08 ¢~8042 04 C~'Lq, - -p.o os D PROPOSED CREEKSIDE BOULEVARD (TRACT *A~G~ OF PAFENT ~ARCEL ~ ~ET OF U~ [AS~ENT ~0~ ON~T~' IdEFFREY C. COONER AND ASSOCIATES, INC. JAN. 14. 20001 SURVEYING AND MAPPING ~ ,3900 COLONIAL BOULEVARD. SUITE Z FORT M~..~, FLORIDA 339!~ : 1-&.T;;'Y~;;-% l EXHII T.,. _. _jF _of z:o SKETCH TO ACCO]dPAN DESCRIP'RON SECTION 27, TOWNSHIP 48 SOUTH. RANGE 25 EAST. COI/JER COUNTY, FLORIDA DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE MAIN BP - BIKE PA'IH ~ BC - BOX CUL~/ERT PAVT ' PAN.dENT C - CI'I~I~ P~ -PI(NAIL CDB - CHORD BEARING P - PI.AT Cl. - CEN1ERMNE ~ m FR. AT BOOK CD ' ~ DRIVE'WAY POO - POINT OF BEOINNING CldP - CORRUGAI~D METAL I:qPE R m RADIUS D ' ~ a D~LTA ANGt. E ~ ' RALR~qJ) ~K~ ~ - ~ ~ - RIGHT-OF'-~AY EP ' ED~ ~F PAVEMENT RG~ m RANG~ ELEV m ri ~"VATION I~P '- RIP ~ F ' FIELD OR ~ SldH - SANITARY SE'M~ MANHOLE FC ' FENCE OORNER SSP m SERVICE POLE FPad.. - ~A PO'dER AND UOHT Sl - SiGN GOVI' ' GOVERNMENT 1' - TANGENT ~ m GUY ~ P~ Trip m TOI~SHIP HW ' HEADWALL TR - ~ INV ' INVERT TYP - TYPICAL LS - lAND SURVEYOR A - DELTA ~ + - UORF. on t.ESS/~A~ 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VAUD WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-.30-98 TO 10-14-99 ~. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/a, OF SECTION 27 TO BEAR S89'O4'O.3"E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. dEFF'REY C. COONER AND ASSOCIATES, INC. OCT 999 SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD, SUITE 2. FORT MYERS, FLORIDA 33912 ~,~ AFl'( 1 1 ZUUU EXHIBIT DESCRIPTION UTILITY EASEMENT PROPOSED TRACT 02, CREEKSIDE COMMERCE PARK WEST-UNIT TWO STRAP NO. 482527017.0003A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in proposed Tract 02, Creekside Commerce Park West-Unit Two, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commence at the southeast corner of Tract L2, Creekside Commerce Park West-Unit One as shown on plat recorded in Plat Book 29, Pages 57 and 58 of the public records of Collier County, Florida; thence run N 04© 53' 19" W along the line common to said Tract L2 and proposed Tract 02 for 10.05 feet to an intersection with the north line of a proposed utility easement (10 feet wide) as shown on said proposed plat and the Point of Beginning. From said Point of Beginning run S 89° 08' 1 l" E along the north line of said proposed easement for 174.37 feet to a point of curvature of said easement; thence run northeasterly, northerly and northwesterly along the curved line of said easement on an arc ora curve to the 1¢i~ of radius 15.00 feet (delta 95° 45' 08") (chord 22.25 feet) (chord bearing N 42° 59' 15" E) for 25.07 feet to a point oftangency; thence run N 04° 53' 19" W along a westerly line of said proposed easement for 3.51 feet to an intersection with a line 30 feet northerly fi.om (as measured on a perpendicular) and parallel with the south line of said proposed Tract 02; thence run N 89° 08' 11" W for 190.96 feet to an intersection with said common line to said Tract 02 and said Tract L2; thence run S 04° 53' 19" E for 20.10 feet to the Point of Beginning Containing 3,758 square feet more or less or 0.09 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- l/4) of Section 27 to be S 89° 04' 03" E. Jeffrey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) APR 11 2000 .__ 'l D.=I '29' 1 5" PROPOSED LOT 11 PARALLEL SEWER FORCE MAIN J UTILZTy EASEMENT Project: 73943 Parcel: 909 Folio: 00167920007 N 85'0702" PROPOSED CREEKSIDE BLVD. 0--50 84.' C CB~,o..&.,,~,.~- . (TRACT R) D~'29 50" J~ PO8 ~/ / c=~ 9.4~' / ~ / C~22.45' CB=N5/'46'54"W STRAp No. L~22.85' 48252 7018. 0005A2 7 CREEKS/DE WEST, INC. PARENT PARCEL REMAINDER ± 8.74 Ac* PROPOSED TRACT 03 CREEKS/DE COMMERCE PARK WEST - UNIT TWO PB 29, PGS. 57 & 58 0 0 '-"" *,~*',lZ/Z-7179 EMAIL: ~,.-JR' DA 3391~..fUi~3COONg. COM 2O00 DESIGN ~ TO ACCOMPANY DESCRIPTION AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE MAIN 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 5. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-14-99 4. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4 OF SECtiON 27 TO BEAR S89'04'05'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. -- JEFFREY C. COONER AND ASSOCIATES. INC. OCT ~. ~.,,/ ~UR~'gqNG AND MAPPING ~ DESCRIPTION UTILITY EASEMENT PROPOSED TRACT 03, CREEKSIDE COMMERCE PARK WEST-UNIT TWO STRAP NO. 482527018.0003A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in proposed Tract 03, Creekside Commerce Park West-Unit Two, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commence at the southerlymost point of curvature for proposed Creekside Boulevard (Tract R) on the west line of Goodlette-Frank Road (C.K 851) said point of curvature being also on the easterly line of said Tract 03 run northwesterly along the curved northeasterly line of said Tract 03 on an arc ora curve to the left of radius 35.00 feet (delta 45° 35' 05") (chord 27.12 feet) (chord bearing N 27° 40' 31" W) for 27.85 feet to an intersection with the south line of a proposed utility easement (10 feet wide) and the Point of Beginning. From said Point of Beginning run S 85° 07' 02" W along the south line of said easement for 348.78 feet to a point of curvature; thence continue along the south line of said easement on an arc ora curve to the right of radius 1188.00 feet (delta 01° 29' 15") (chord 30.84 feet) (chord beating N 85° 51' 39" E) for 30.84 feet; thence run S 49° 52' 58" E for 28.79 feet to an intersection with a line 30 feet southerly from (as measured on a perpendicular) and parallel with the line common to said proposed Tracts 03 and R; thence run easterly along said parallel line on an arc ora curve to the left of radius 1208.00 feet (delta 0° 29' 50") (chord 10.48 feet) (chord bearing N 85° 21' 57" E) for 10.48 feet to a point oftangency; thence run N 85° 07' 02" E along said parallel line for 358.93 feet to said curved northeasterly line of Tract 03; thence run along said curved line on an arc of a curve to the left of radius 35.00 feet (delta 37° 22' 17") (chord 22.43 feet) (chord beating N 31° 46' 54" W) for 22.83 feet to the Point of Beginning. Containing 7,517 square feet more or less or 0.17 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- l/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) APR 11 EXECUTIVE SUMMARY Presentation of Pay Plan Study and Recommendations. OBJECTIVE: To ensure that pay plans for all County Agencies are adequately structured and funded to facilitate competitive hiring and retention of quality employees. CONSIDERATION: During the FY00 budget deliberations, the Board of County Commissioners (BCC) directed staff to coordinate with all Agencies to obtain a comprehensive pay plan study. To this end, a committee was established with representatives from the Constitutional Agencies. Pursuant to the Board's Purchasing policy, the committee selected and the BCC approved the hiring of Arthur Andersen, LLP to perform a pay plan and a classification study. The project is being performed in two phases. Phase I is the pay plan study in which all agencies are participating. The classification study will be performed in Phase II. Only the Board Agency chose to participate in the classification study. Phase II will be concluded this summer and the costs associated with that phase will be brought to the Board of County Commissioners at that time. The results of the pay plan study are to be utilized to detemqine funding for pay plan maintenance for the FY01 budget policy. The pay plan study has been completed and Sandra Gaffin, the Engagement Partner with Arthur Andersen for this project, will present the final report to the BCC at the public meeting on April 11, 2000. The Final Compensation Report for the Board of Count>,' Commissioners is attached. FISCAL IMPACT: Cost estimates for different implementation options, minimum, minimum + 5%, and minimum + 10% are presented in the report. The BCC w'ill determine the amount to be budgeted in the FY01 budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: FY 01 budget for all agencies as a result of the pay plan study and consultant presentation. SUBMITTED BY: ~ 4,'~ ....__.~' ~Cf ,./~. ('7~ ~'~ Date: ~&~ Ed~d~ April 3, 2000 Human ~0urce Director * Leo O~hs, Jr../ / ~ April 3, 2000 Support Sendces Adminis~ator To provide direction for funding pay plan maintenance in the Final Compensation Report Collier County Government March 2000 Prepared by: Sandra L. Gaffin, Partner, Arthur Andersen Human Capital Practice Manuel O. Murias, Sr. Consultant Theresa J. Milenski, Consultant Susana M. Vidal, Consultant APR 1! 2000 Pg. , ~ TABLE OF CONTENTS Section l--Project Overview Developing a Valid & Effective Compensation Plan Study Objectives & Process PAGE Section II--Market Analysis Objectives of Market Analysis Selection of Survey Participants Benchmark Jobs Results of the Market Analysis 3 3 4 5 5 Section III--Recommendations Structure Recommendation Innplementation Cost Other Issues Market Analysis Section I Project Overview Arthur Andersen was retained by Collier County to conduct a compensation study of the County's jobs. Key elements of the study included · Development ora compensation strategy; · Design and analysis of a private survey; · Labor market analysis for benchmark jobs from published surYey data; · Development of a structure based on current market information for the separate County agencies; · Cost impact analysis for each agency. This report presents the findings and recommendations resulting from this compensation study. The Compensation Report is organized into three separate sections as follows: · Section I--Project Overview · Section II--Market .amalysis · Section III--Recon2nendations Developing a Valid & Effective Compensation Plan The County's compensation plan is one of the most important elements of its human resources management program. The compensation plan supports nearly every other component of the personnel management function including recruitment and selection, training, staff planning and allocation, and performance evaluation. A valid and effective compensation program can have a significant impact on the overall effectiveness of the organization. In broad terms, the County's compensation plan should ensure that: · The County has the ability to attract and retain well-qualified personnel for all job classes. · Compensation practices are competitive with those of comparable employers. · Resources allocated to compensation are effectively and efficiently managed. APR 1 1 2oooI Market Anal~/sis Study Objectives & Process Based on the identified needs of the County related to the organization's compensation system, this stud), was designed to achieve the following overall objectives: · Recommendation of salary structure adjustments based on a significant labor market analysis. · Development of cost impact analysis of new salary structures, at market and market plus 5% and 10%. To achieve these objectives, the project consultants completed a number of different work tasks, including the following: · Collection and review of a variety of back~ound documents and materials including current salary schedules, job descriptions, and applicable policies and procedures documents. · Conduct meetings with the County's staff and representative employee groups to identify concerns and issues regarding the current compensation system. · Development ora compensation strategy, receiving input from a Project Task Team. · Identification and selection of labor market survey organizations and benchmark jobs, according to the compensation strategy. · Conduct a detailed labor market analysis. · Adjust current structure based on market analysis. · Conduct an implementation cost analysis to determine options for moving all employees onto the revised job and compensation plan. · Preparation of a draft Compensation Report that presents the results of all analyses and recommendations. · Final revision of all study products based upon discussions with Task Force and officials. · Preparation of this final Compensation Report to describe all project findings and recommendations. · A presentation of the final report. The remainder of this report details the actual analytical processes and the results of the compensation study. 2 Market Analysis Section 11 Market Analysis In developing salary recommendations for the County, both internal salary relationships, as determined through the current pay structures and external labor market data were utilized. This section identifies the parameters and findings of the labor market analysis. This section is organized into the following sub-sections: · Objectives of Market Analysis · Selection of Survey Participants · Benchmark Jobs · Results of the Market Analysis Objectives of Market Analysis As noted in the introductory, section of the report, the County's compensation plan is one of the most important elements of its personnel system and should accomplish the following objectives: · Ensure that the County has the ability to attract and retain well-qualified personnel for all job classes · Ensure that the County's compensation practices are competitive with those of comparable employers. Accordingly, the role or primary objective of the compensation survey and subsequent analysis is to determine how base pay compensation levels for the County's job classes compare to that of similar employers with whom the County must compete for staff. The results of the compensation survey are used to anchor the County's compensation plan to the marketplace to ensure the ability of the County to recruit and retain quality employees and to provide an effective basis for managing salary costs. It is however, important to remember that the results of the compensation survey are only one of several pieces of informatiOn used in setting salaries and establishing an organization's salary plan. Other considerations include internal salary relationships, the organization's fiscal resources, and specific recruitment and retention problems that the County may' be experiencing. APR !1 2000 _2._ Market Analysis One of the first steps in conducting the compensation analysis is the identification and selection of survey participants and benchmark jobs. Recommendations made in each of these areas are presented below and on the following pages. Selection of Survey Participants The general objective in selecting employers to include in the salary survey is to define or reflect as accurately as possible the County's "labor market". A labor market is generally that group of employers with which the County most likely competes in terms of recruiting and retaining qualified persormel. There are three important criteria that should be utilized in identifying those employers, which comprise the County's labor market. They are: Location--The geographic proximity of potential survey employers is the first major factor utiiized in identifying an organization's labor market. This factor is particularly important because it identifies those employers that directly compete with the County to recruit and retain personnel. Furthermore, by selecting employers within reasonably close geographic proximity, the resulting labor market is most likely to be reflective of the region's cost of living, ~owth rate, and other demographic characteristics. Size and Complexil3,'--As a rule, the more similar employers are in size and complexity, the greater the likelihood that comparable positions exist within both organizations. Three specific indicators of size and complexity include population sen,ed, budget size, and number of employees. Nature of Services--The final criterion typically utilized in identifying an organization's labor market is the nature of selwices provided. This criterion is important because by choosing participants, which provide similar services to that of the client, the types of job positions for which salary data is available will be relevant to the market analysis. The Project Task Force, working with the consultant, developed a Compensation Strategy for the market study. Jobs were organized into four groupings: Clerical, Trades, Professional, and Management. Clerical and Trades jobs were benchmarked in the local labor market. Jobs that were non-industry specific were benchmarked with other local governments and private employers. Professional and Management jobs were benchmarked both locally and within Florida, with other similarly sized Counties, other local governments, and similarly sized service oriented private employers. For jobs that are scope related (i.e., Director of Purchasing or Human Resources) the scope of the jobs was considered. In conjunction with the Task Force, the consultants selected organizations to participate in the survey based on these criteria. The following thirty (30) organizations responded: APR 1,1, 2000 Pg. Market Analysis · Bonita Bay Properties · Devoe Automotive · Polk County BCC · Orange County Public Schools · Lee County Electric Cooperative · Wilson Miller · Florida Gulf Coast University · Collier County Public Schools · Bonita Springs Utilities · Charlotte County BCC · Orange County Government · City of West Palm Beach · Charlotte County CCC · Manatee County PA · Lee County BCC · City of Naples · Manatee County BCC · Charlotte County PA · Manatee County CCC · Florida Water Services · Sarasota County CCC · Orange Count>' SHO · Sarasota County BCC · Palm Beach County PA · Sarasota County SHO · Naples Community Hospital · Sarasota Tax Collector · Miami-Dade Property. · Coastal Engineering Consultants · Young, Van Assenderp, Appraiser Varnadoe and Anderson Benchmark Jobs The second step in preparing for the market analysis was the identification and selection of benchmark jobs. Benchmark jobs are a representative sample of all jobs contained in the County's job plan and provide a reference point for the development of salary recorrunendations for non-survey classes through the application of the current pay structures. Two important considerations are utilized in selecting the surx, ey jobs. They ar e: · Survey jobs should have a clear and identifiable relationship to other jobs in their occupational group. · The benchmark jobs should be reasonably conwnon jobs within the industry or job market so that sufficient numbers of matches and compensation data may be found. Using these criteria, 122 benchmark jobs were chosen for the market analysis from the total of 583 jobs within the County's various agencies. Results of the Market Analysis Once the survey responses were received, pay plan data for the thirty participating organizations was compiled and analyzed. Based upon this analysis, for each benchmark job, the labor market median and median salary, structure (minimum and maximum) was computed. In addition, we supplemented the private survey with published survey data. Please note that some jobs are analyzed using local labor market information (i.e. clerical jobs), while other jobs are regional and have statewide labor markets. The published survey sources used include: · Arthur Andersen Compensation Database · Bureau of Labor Statistics--Tampa Bay, St. Petersburg, Clearwater · Central Florida Goverm-nental Consortium Survey · Economic Research Institute Salary Assessor (ERISA) · Central Florida Custom Survey · Florida League of Cities Salary Survey · State of Florida Exempt Service & Senior Management Service Salary Survey-- Management of America, Inc. · State of Florida Career Service Salary Survey--Management of America, Inc. ! Market Analysis · South Florida Compensation and Benefits Survey--Arthur Andersen · Tampa Bay Wage & Benefits Survey--The Tampa Bay Partnership, The Suncoast Human Resource Management Association (SHRMA) and the Suncoast Compensation & Benefits Association, Inc. (SCBA) · Florida Benchmark Survey--Towers Pendn · Wage & Salary Survey--Florida West Coast; Employers Association of Florida · Watson Wyatt Data Services · William Mercer Su~'eys The Participant Private Survey Report and the Private Survey Report were provided to the Agencies under separate cover. For purposes of our analysis, we utilize the results of the private survey, with Collier's data excluded. However, we provide to the organizations who participated a survey report that includes Collier's data. Note that the final salary data utilized in designing the salaD, structure is based on a combination of the private and published salaD' data. The detailed market reports for each Agency have been provided to the Agencies. Further, we have adjusted survey data in the following ways: 1. All survey data has been trended to October 1, 2000. 2. When using the Private Survey data, we removed Collier's responses. 3. Market information from the Private Survey had geographic wage differentials applied. A geographic wage differential represents the varying wage level in a particular city or county. It is not the same as a cost of 1Mng differential, which represents the varying costs to live in a city of county. The data base utilized in this analvsis is compiled by the Economic Research Institute. 4. We followed the compensation strategy when analyzing pay data. Therefore, for a local labor market position, we would remove non-local labor market participants from the Private Survey, as much as possible. The specific application of the labor market data in developing salary recommendations is presented in the next section. 6APR I1 2000 Recommendations Section III Recommendations This section presents the specific salary recommendations that have been developed for each job class included within the scope of the compensation study, and documents the methodology applied in developing these recommendations. The section is presented in two segments as follows: · Structure Recommendations · Implementation Cost Structure Recommendations One of the desired outcomes of the compensation study was to adjust the current pay ranges to be competitive to market minimum / hiring rates for each of the six agencies. In addition to preparing a cost impact to adjust the current structure to market, we have also analyzed the cost implications of adjusting the current pay structure five percent and ten percent above market minimums (as specified in the Request for Proposal). The reconmnended adjustment for the various Agency structures to market, plus five percent and ten percent over market, are as follows: Agency Structure Percent Percent Percent Adjustment Adjustment Adjustment (+5%) (+10%) BCC Non-exempt 6 11 16 Exempt 3 8 13 IT/Engineers 7 12 17 EMS;Firefighters 0 0 0 Sheriff* Certified 19 24 29 Civilian 4 9 14 CounD' Attorney Non-exempt 1 6 11 Exempt 26 31 36 Count' Clerk Non-exempt 9 14 19 Exempt 12 17 22 ProperS'Appraiser Non-exempt 5 10 15 Exempt 11 16 21 Tax Collector** Clerks 25 30 35 * Simple average but ,,'aries by position ** Clerk I, II, and III only Recommendations Implementation Cost In this seD-nent we analyzed the cost for the County to consider in implementing the recommended pay structures. All cost figures include base salaries only, and do not include overtime, incentive payments and corresponding benefits costs. The costs are sunm~arized in the Table below, Compensation Cost Comparison. It is also important to note that labor market data has been adjusted to October 1, 2000. Should the County not implement the proposed structure until a later date, the impact will increase as the labor market rates increase. Should the County implement sooner, the cost should be adjusted accordingly. As per the Request for Proposal, we were asked to prepare a cost impact of adjusting the structure to market, market plus 5% and market plus 10%. This infommtion is presented in the Table below. It is our understanding that the County wished to have this analysis due to concerns about the cost of living in Collier County. The best methodology to implement the structure adjustment is to maintain each employee's relative position in the range. This relative position implementation is the best method to address compression. It is critical to address compression within the fiscal constraints of the County in order to retain current employees. This method presents a one-time compensation cost. This implementation by the. County can be executed on a one-time basis or over a period of time (i.e., several years). If it is financially prohibitive for the County to incur the total costs all at once, the County can consider phasing the implementation in over two years. Ahernatively, we would be available to work with the County on other implementation alternatives. Compensation Cost Comparison Table Market Minimum Adjustment Market Minimum Adjustment Market Minimum Adjustment Cost Cost + 5% Cost + 10% Pct. Diff. Salary Pct. Diff. Salary Pct. Diff. Salary Relative from Proposed Relative from Proposed Relative from Proposed Agency Position Midpoint Position Midpoint Position Midpoint BCC $1,788,310 -14% $3,617,661 -18% $5,542,071 -22% Sheriff $5,387,914 -24% $7,401,465 -27% $9,064,201 -30% Clerk $515,843, -22% $792,746 -26% $1,084,124 -29% Attorney $176,006 -9% $220,213 -14% $267,465 -18% :Property Appraiser $69,234 -12% $120,496 -16% $174,321 -20% Tax Collector* $307,025 -7% $383,781 -12% $464,3751 -16% Total $8,242,332 -13% $12,536,362 -17% $16,596,557 -21% *Positions only included Clerk I, Clerk II. Clerk III Recommendations Other Issues A compensation structure needs to be a "live" document, in that jobs will change during the course of time, and the labor market is continuously moving. To do so requires the resources of the organization be committed inasmuch as possible to implementing the compensation strategy of maintaining pay levels at or near market. To make future changes to its structure, a comprehensive study should be completed every three years with the assistance ora consultant. For each year in between, the County shall perform its own study using a lesser number of benchmarks. Last, it is.helpful to have all Agencies working together to gather this information, and to facilitate future effOrts to align pay structures and rates to ensure job rates are as consistent as possible across the County to avoid competition for staff by offering different pay levels for similar jobs. We would like to thank the Members of the Study Task Force, who were ahvays available, highly responsive, and dedicated a significant amount of time and energy to the review of information and to further our understanding of the County's jobs. EXECUTIVE SUqVIMARY DISCUSSION AND APPROVAL OF FY 2001 BUDGET POLICY OB~IECTIVE: That the Board of County Commissioners discuss and approve policies to be used in developing the Collier County Government budget for fiscal year 2001. CONSIDERATIONS: In order for staff to begin preparation of the FY 2001 Collier County Government budget, direction is needed from the Board of County Commissioners on a number of policy issues and budget assumptions. Attached to this Executive Summary is a listing of pertinent policy issues that will affect preparation of the FY 2001 budget. The purpose of today's discussion is for the Board to reach consensus on the policies upon which the budget will be based. The Executive Summary is broken down into three distinct elements. The first element (pp. 2-11) consists of new budget policies proposed in FY 01 that require policy direction from the Board. The second element (pp. 12-20) consists of a three(3) year analysis of the General Fund (001) and the Unincorporated' Area General Fund MSTD (111) so the Board understands the future financial implications of the recommended budget policies. The third element (pp. 21-26) consists of standard budget policies that the "-~oard has endorsed for a number of fiscal years. Finally, the Board needs to establish budget workshop dates in June, and September public hearing dates. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The adopted policies will serve as the framework for the development of ali budget and ad valorem taxation issues for fiscal year 2001. RECOMMENDATIONS: That the Board of County Commissioners discuss and adopt budget policies as detailed in the attachments to this Executive Summary, establish budget workshop dates in June and public hearing dates in September. Submitted by: l,'c'7-'~-~) --f'~"--~ Michael Smykowski, OMB Director Approved by¥ t~-'~~-~f~, C~uni~ ThOmas W. °llif ager DALE: March 30, 2000 DATE: 4.4 March 31, 2000 AGENDA ITEM No. £/_~c3,2 APR 1 1 2000 Pg.,, / New Proposed Budget Policies for FY 01 (Board Policy Decisions Required) Budget Calendar Budget workshops are typically held over a three-day period in mid-June. The Board must also adopt proposed millage rates and forward them to the Property Appraiser by no later than August 4, 2000. The Board must also establish two public hearing dates in September for the adoption of the FY 2001 budget. The School Board has first priority in establishing public hearing dates, followed by the County. The final School Board public hearing is scheduled for September 18, 2000. Recommendation: Activity June Budget Workshops Proposed Millage Adoption September Budget Public Hearings Pelican Bay' Budget Hearing Proposed Date(s) Wednesday, June 14, Friday. June 16, and Monday, June 19, 2000. Tuesday, August 1, 2000. ~¢ednesday, September 6 and Wednesday. September 20, 2000. Thursday, September 14, 2000. Note: To levy a non-ad valorem assessment, the Pelican Bay hearing must be held before September 15, 2000. Constitutional Officer Budget Submissions As per Florida Statutes, the Sheriff, the Clerk of the Circuit Court, the Supervisor of Elections, and the Property Appraiser submit tentative budgets for their respective offices on June 1. However, in chapter 129.03(2) of the Florida Statutes, there is a provision by which the Board of County Commissioners may, by resolution, require the tentative budgets for the Sheriff, Clerk of the Circuit Court, and the Supervisor of Elections to be submitted by May 1. The BCC previously adopted Resolution 96-123 which required the Sheriff, Clerk of the Circuit Court, and the Supervisor of Elections to submit their FY 97 tentative budgets by May 15, 1996, and by May 1 of each year commencing in 1997 and thereafter. Recommendation: Due to the timing of this year's budget policy, the FY 01 budget submittal deadline for these Constitutional Officers will be June 1, 2000. Salary Administration During the FY 00 budget deliberations, the Board directed staff to coordinate with all Agencies to obtain a comprehensive pay plan study. A committee was established with representatives from the County Manager's Agency and the Constitutional Officers. Arthur Andersen, LLP was engaged to perform a pay plan study and a classification study. AGENDA ITEM No. ~£c33 _ APR 1 1 2000 pg. The project is being performed in two distinct phases. Phase I is the pay plan stud)' in which all agencies are participating. The classification study will be performed in Phase II. Only the Board Agency chose to participate in the classification study. The pa3' plan study identified the costs associated with adjuSting the pay structure in line with the current market, market + 5%, and market +10%. Costs associated with each option are outlined below: A BOC $1,786,310 -14% Sheriff $8,387,914 -24% Qerk $515.843 -~':'/~, Altome/ $176,006 -9% ~/~q2raJse' $1~,234 -12% Tax Cdlector* $30'7,025 -7% Tolal $8,2~332 -13% Ii!. ~ I~r/nxn~ + 5%(Fl~live ~ in Pa~ I:ta'~, )/i:liustna~ Cost Sheriff S7,401,465 - 2-P/o CleFk $-/cj2,746 /~tcme,j $2213,213 -14% Prcpe~ $120,4,96 -16% Tax Oollector* $;388,781 -12% Total $12,536,362 .17% C ~ f~nim, zn + 10%(l:i~iali~ Position in Pay Ra~.) Shedff $9,064,201 -30% Clerk $1,084,124 -29% /~tomey $257,465 -18% Propaly/~:raisa' $174,321 -2Y/o Tax Collector* $464,375 - 16"/o Tolal $16,596,557 -21% *Positions only irdu:tecl Oat I, Qat II, Oak III. The market plus 5% and market plus 10% options were included in the Arthur Andersen study because Collier County has prided itself on being a competitive employer, In order to attract and retain the most qualified employees, Collier County may choose to set its salary structure at 5% or 10%. above the market. This would also factor in the relatively high cost of living in Collier County. The relative cost of upgrading salaries in each option is as follows: market minimum - $8.2 million, market minimum +5% ~ $12.5 million, and market minimum +10% - $16.6 ,;nilIio~AGENDA I, No. APR 1 1 2000 pg.. The chart on the preceding page (3rd colunm) also compares the current Collier County midpoint to the midpoint of the proposed (market) pay structure. The study revealed that County salaries are on average (across all Agencies) 13% below market in the market minimum option, 17% below market in the market minimum +5% option, and 21% below market in the market minimum + 10% option. Recommendation: The delivery of high quality services expected and demanded by Collier County residents and visitors begins with hiring a well-educated and well-trained staff. Our desire to remain a top-notch service provider, coupled with the current competitive job market and the relatively high cost of living in Collier County, requires a salary structure above the current market minimum. The options presented herein were discussed with the ConstitutiOnal Officers. The consensus of the group was to recommend implementation of the market +5% option. To minimize the cost implications, it is recommended that this option be phased in over two years. The industry recommends comprehensive pay plan studies every three years. Therefore, to maintain the integrity of the pay plan and the County's competitiveness in the market, it is recommended that funds be budgeted in FY 02 for another comprehensive pay Plan study for all Agencies, with implementation in FY 03. Finally, it is recommended that 1.5% of Personal Services be budgeted to continue the merit pa>, program. Health Insurance and Prescription Drug Program Benefits Collier County Government uses a self-insurance Group Benefits Plan for health care and prescription drug coverage. Coverage under the Group Benefits Plan extends to all County employees, with the exception of.the Sheriff's Office. As Collier County Government has grown to meet the service needs of a burgeoning population, total employees enrolled in the program have also increased. 1,550 1,500 1,450 1,400 1,350 1,300 1,250 1,200 1,150 1,100 Enrolled Employees · I 326 1,376 95 96 97 Fiscal Year 98 1,493 99 iTEM The number of health claims incurred provides a measure of plan utilization. As the number of enrolled employees has grown, the number of claims incurred has also increased. FY 99 reflected a slight decrease in the overall number of health insurance claims incurred. Health Insurance Claims Incurred 25,000 20,000 15,000 10,000 5,000 0 13,611 95 19,360 19,186 16,810 96 97 98 99 Fiscal Year The number of health claims per employee provides a standardized measure of the claims volume. As noted in the chart below, the number of health insurance claims per employee has remained relatively constant since FY 96 and actually decreased from FY 98 levels. 16 14 12 10 8 6 4 2 0 Health Insurance Claims per Employee 12.68 12.73 13.73 12.85 95 96 97 98 99 Fiscal Year claims incurred in FY 99 increased dramatically (approximately $1.2 million). It is impor note that this was a function of catastrophic claims (coronary heart care and incidences of cancer) as well as an increase in prescription drug costs of approximately $500,000. While the number of claims incurred actually decreased from FY 98 levels, the total cost of ant tOAGENDA. _M No, ~£<:: ~) APR 1 2000 ~.__ ~ $7,000,000 $6,OOO,OOO $5,000,000 $4,O0O,OOO $3,000,000 $2,000,000 $1,000,000 $0 Annual Cost of Health Claims $5,920,319! $3,713,423 $4,786,535 071 $4,197,997 95 96 97 98 99 Fiscal Year Corresponding to the overall increase in claims incurred, the annual claims cost per employee also reflects a marked increase in FY 99. $4,500 $4,000 $3,500 $3,OOO $2,500 $2,0OO $1,500 $1,000 $500 $0 Annual Claims Cost per Employee $3 395 051 95 96 97' 96 99 Fiscal Year The health plan provides three options available to employees including a $200 deductible, $300 deductible, and a $500 deductible. Associated co-payments vary according to the deductible limit selected by each employee. The current annual employee contributions are identified below by type of coverage and deductible amount: fType of Coverage Single Family Family Family Deductible Amount $200 Annual Employee Contribution $276 $200 $1,800 .$300 $1,080 $500 $432 AGENDA~TEM No, J~- ~9 Across all Agencies, the increase in budgeted health insurance premiums (without any changes to the current program) was estimated at $2.3 million. Health plan costs can only be affected by decreasing expenditures through plan design changes or by increasing revenues through higher premiums and employee contributions or both. The current co-payment structure has remained constant since FY 95. Due to the magnitude of the projected increase, staff cannot recommend that the Board absorb this entire increase. A joint meeting was held with the Constitutional Officers to evaluate policy options pertaining to the health insurance program. All Constitutional Officers, with the exception of the Sheriff, participate in the Board's health program. Due to the very tight labor market that results in difficulties in recruiting and retaining staff, it was the consensus of the group that plan design changes were the preferred method to reduce plan costs and that the existing employee co-payment structure be maintained. The table below identifies the FY 00 budgeted health insurance rates, FY 01 projected rates with no plan design changes, and the FY 01 reconn-nended rates (Board contribution) for both single and dependent coverage. FY 01 FY 01 Type of Coverage FY 00 (No plan design changes) (Recommended) Dependent $4,850 $5,900 $5,520 Single $2,400 $3,000 $2,900 Recommendation: In summary, the increase in budgeted health insurance premiums (without any changes to the current program) was estimated at $1.4 million for the Board plan and S2.3 million for all Agencies including the Sheriff. Staff is recommending a plan design change that eliminates the $200 deductible option. This will reduce the Board's share of health insurance premiums by $217,600 annually. Staff is now evaluating additional plan design changes that will further reduce the Board's health plan costs by an additional $243,700. Changes may include the institution of incentives/disincentives for in/out of network utilization and or changes in deductible levels. In total, of the projected $1.4 million increase in Board health premium increase, Board employees will absorb $461300 or 33% through plan design changes. Finally, to place greater emphasis on preventative care and early intervention with the goal of reducing catastrophic health claims, staff will further develop the Wellness program instituted this fiscal year. Recommended Wellness program initiatives will be included in the FY 01 Risk Management Department budget request. Prescription Drug Program In January 1994, Collier County began to offer a network and maintenance drug program that included a $5 and $10 co-payment for generic and brand drugs respectively. This is typically known as a carve-out program wherein prescription drug purchases are separated from other claims payable under the plan. These carve-out programs include discounted arrangements at 15% to 40% below average wholesale prices. AGENDA ITL. No. ,F£(: ~) 2000 pg.... 7 Cost issues associated with the prescription drug coverage include the following: · Program utilization increased 32% in FY 99. · Paid claims increased 59.4% ($469,215) from FY 98 to FY 99. · Annual inflationary increase in prescription drugs is 15%. Prescription drugs represented 41.3% of 1999 health plan claims cost increases. These cost issues are summarized in the following graphs identifying (a) the 32% increase in total prescription drug claims and, (b) the 59.4% increase in claims paid from FY 98 to FY 99. 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Prescriptions Filled 21,830 96 Fiscal Year 99 28,847 $1,400,000 $1,200,000 $1,000,000 $600,000 $600,0O0 $400,000 $200,000 $o Cost of Prescriptions Filled $1,259,022 $789,807 96 Fiscal Year Employee co-payments have not increased in the six years since the inception of the program, tn light of these issues, recommendations were sought from the county's benefits broker, Willis Corroon, and Express Scripts regarding ways to control this increase in prescription drug costs. Staff recommends implementation of the following changes in the prescription drug program. Recommendations: It is recommended that Collier County institute a formulary program assure that the most cost-effective medications are being utilized. A formulary program establishes a list of common medications that have preferential price advantages. If emplo~ es fill their prescriptions under the formulary, they pay a lower co-payment. AGENDA ITEM No. APR 1 1 2.00 Pg. ~ In addition to establishing a formulary program, the county would establish co-payments based upon generic, preferred brand and non-preferred brand medications. The table below compares the co-payment structure under the existing program to the co-payment structure under the new program. Drug Program Current Co-Payments Proposed Co-Payments Network: $5 $7 $10 n/a Generic Drugs Brand Name Drugs Preferred Brand n/a $15 Non-Preferred Brand n/a $25 Mail Order: $5 $14 Generic Drugs Brand Name Drugs $10 n/a n/a Preferred Brand Non-Preferred Brand n/a $30 $5O Medications under the mail order program can be filled for up to 90 days. It is estimated that this change will reduce annual program costs by a minimum of $150,000 when compared to plan costs with no change. It is recommended that these changes be implemented effective May 1, 2000. It is estimated that the aforementioned program changes will result in minimum savings of $150,000 annually to the Group Health and Life Insurance Fund. Savings of $62,000 should be realized in Fiscal Year 00. Maximization of Impact Fees The Board of County Commissioners supports the premise that capital projects attributable to growth will be funded, to the extent possible, by impact fees. Recommendation: Collier County will assess the maximum impact fees allowed by law, as supported by impact fee studies. Revenue Diversification Revenue diversification is important as it provides a means to broaden the General Fund "basket of revenues," while also reducing reliance on ad valorem taxes as the principal funding source of general County government operations. At various times, the Board has considered the implementation of an electric utility franchise fee as one means of revenue diversification. During the budget policy workshop held in February, staff broached this concept with the Board. During that workshop it was noted that the electric utility franchise fee is regressive in nature. However, it was also recognized that this fee distributes a share of the cost of government to a different segment of the population. The County has the ability to implement a franchise fee at a maximum rate of 6%. Based on previous discussions, this would generate $1.4 million annually for every 1% fee imp )sed. AGFND'A I~ No. APR 11 2000 Pg..., The two means of implementing said fee involve the unilateral imposition of the fee on electric utilities operating within the County (privilege fee) or a negotiated franchise fee. A franchise fee is based upon a contractual grant of right to a utility to use rights-of-way for which consideration is paid by the utility for the grant of the franchise from the County. The concept of the privilege fee, related to the franchise fee was placed in doubt this past year by the Florida Supreme Court in the case of Alachua Count~, Appellant vs. State o[ Florida et al., Appellees, No. 93,344, May 13, 1999, 737 So. 2"a 1065, 24 Fla. Weekly S212. The Supreme Court held that an electric utility privilege fee, which was unilaterally imposed by a county for the "privilege" of using county rights-of-way to deliver electricity to consumers, did not constitute a reasonable rental charge, but rather was an unconstitutional tax, and could not be used to repay bonds. The Court held that there was no nexus between the fee and the rental value of the rights-of-way. The dissenting opinion below in the Alachua County privilege fee case, best iljustrates the reason for a conservative approach by Collier County regarding franchise fees: OVERTON, Senior Justice, dissenting. I dissent because I find that the Alachua County Electric Utility Privilege Fee ordinance imposes the same type of fee as this Court approved as a franchise fee in Cit~'of Pensacola v. Southern Bell Telephone Co., 49 Fla. 161, 37. So. 820 (19053. What concerns me is that we actually have given our local governmental entities more constitutional power, rather than less, since that Pe~tsacola decision, which was decided under the 1885 constitutional provisions. Without question, this opinion is now going to be used to challenge eveo' franchise fee agreement in existence. I also believe that many utilities will now refi~se to enter into ~ew fi'anchise agreements, and this source of revenue to local govermnentaI entities will in effect be eliminated by this opinion. This opinion may resuh in a substantial reduction in the revenue that pays for local govermnent sen'ices. (Italics supplied) ANSTEAD, J., concurs. It is noted that Leon County is presently involved in franchise fee/utility litigation and there is proposed legislation before the Florida Legislature currently in session that may affect local government rights and abilities to enact and implement ordinances and agreements providing for franchise fees. Recommendation: Based on recent Court rulings and the tenuous future of franchise fees, staff cannot recommend instituting an electric utility franchise fee at this time. The County Attorney shares this opinion. Staff will advise the Board as further information is made available regarding this issue. AGENDA ITEM No._ ~..~ c ~)_ APR 1 1 2000 pg.~ /~ Streetscape Master Plan Funding Policy In FY 00, the Board of County Commissioners adopted a formal budget policy recognizing the Road MSTD's as the appropriate, dedicated funding source for non-local roadway median maintenance costs. However, there is not a formal p°licy identifying the appropriate funding source for Streetscape Master Plan capital improvements. Staff has developed a three-pronged approach for funding of median capital improvements. Recommendation: Adoption of a budget policy as delineated below: · County Wide Improvements - Identify Transportation Network Gateway Intersections and consider funding, in priority funding order, from Constitutional Gas Tax Fund (313). · Regional Improvements - Identify Transportation Network Major Arterial Roadways and consider funding from existing road MSTD's. · Local Improvements - Identify Local Collector/Arterials and consider funding construction and maintenance via local Municipal Service Taxing Benefit Units, MSTBU' s. BCC Fee Waiver Policy The Board of County Commissioners (Board) will consider requests for waiver of fees on a case- by-case basis limited to fees established for the following: temporary use and special event permits; right-of-way permits: land use petition applications; site development and site improvement plan applications; and fees for the limited use of County-owned property and facilities. On an annual basis, funds will be appropriated from General Fund reserves (001) to cover the cost of such fee waivers, The Board may grant a waiver of these fees to cover multiple recurring events within any 12- month period, provided the number of events during that 12-month period does not exceed 12 and that no more than one event is scheduled in any 30-day period. Requests for waiver of fees made by non-profit organizations and not-for-profit corporations for events previously granted a fee waiver will be placed on the Board's Consent Agenda. Ad Valorem Capital Funding In FY 86, a separate county-wide millage levy for capital outlay was established. InFY 88, this capital tax levy was increased to 1.000 mill, which generated approximately $8.5 million. This tax levy remained at 1.000 mill through FY 91 and in that year generated approximately $12.8 million. However, to reduce ad valorem taxes in FY 92, the Board made a policy decision to reduce the capital levy to .6580 mills. Since FY 91, the available General Fund dollars allocated for capital projects and interim debt service (Commercial Paper program proceeds used to finance the acquisition of the 800 MHz radio system) were reduced to the $5,748,200 level approved in FY 00. During the FY 01 budget policy workshop, the Board specifically requested data identifying the historical dollars allocated to.capital projects and the corresponding millage rate. This information is presented below: AGENDA ITE' NO. APR I ! 2000 Pg._ // _ 14 12 12.8 General Fund Capital Dollars History FY 91 - FY 03 8.7 9.5 7.0 7.4 7.9 91 92 93 94 95 96 97 98 99 00 01 02 03 Fiscal Year 10.1 1.2 1.0 0.8 0.4 0.2 0.0 General Fund Capital Millage History FY 91 - FY 03 1.0000 ~ 0. ~.5426 0.5474 0.5603 '"~'~0.4148 0.3713 ~ 0.3333 38o9 = o33 3 0.2354 ~ , [ 91 92 93 94 95 96 97 98 99 00 01 02 03 Fiscal Year Recommendation: Due to the impact of construction inflation, the need for repair and replacement of existing infrastructure which is not impact fee eligible, and total requested projects typically exceeding available revenues, staff is recommending a fixed General Fund millage dedicated to capital projects. The recommended rate is .3333 mills, which will.generate $8.95 million in FY 01, $9.8 million in FY 02, and $10.5 million in FY 03. This assumes growth in property values of 10% in FY 01, 9% in FY 02, and 8% in FY 03. AGENDA ITEM No. ,r'c-c ~ ) APR I 1 2000 pg.~__~/,A Three Year Budget Projections Ad Valorem Tax Funds (FY 01 - FY 03) The following is a 3-year budget projection for the following ad valorem tax supported funds: General Fund (001), and the MSTD General Fund (111). Millage Rates Based on the assumptions utilized in this analysis, the following millage rates would be required in FY 01. Net Inc. (Dec.) FY 00 Adopted FY 01 Projected per $100,000 Fund Millage Rates Millage Rates* Taxable Value General Fund 3.5058 3.5002 ($0.56) MSTD General Fund 0.5470 0.5418 ($0.52) *Projected millage rates assume 10% increase in taxable value in FY 01, 9% in FY 02, and 8% in FY 03. Actual increases in County taxable value were as follows: FY 97 - 7.0%, FY 98 - 8.0%, FY 99 - 9.4%, and FY 00 - 14.5%. In accordance with Florida Statutes, preliminary taxable value estimates will be available from the Property Appraiser on June 1, 2000. Revenue Assumptions. Allocations. and Policies Ad Valorem Taxes Ad valorem taxes are based on the following assumptions: a. Forecast revenue will be estimated at 96.65% of actual taxes levied due to early payment discounts, non-payments, and successful appeals of assessed valUe to the Property Appraisal Adjustment Board. The Constitutional Amendment which limits increases in assessed value to 3% for homestead properties may have significant impacts on individual properties and may redistribute tax burdens to non-homestead properties. Intergovernmental Revenues Relevant revenue allocations and assumptions include: a) State sales tax revenue will support debt service (refunding sales tax bonds), Road and Bridge operations, and the General Fund, and is assumed to increase 7.25% annually. b) State revenue sharing will support debt service (Guaranteed Entitlement bonds) with the remaining balance supporting the General Fund. A 2.5% growth rate is assumed from this revenue source. AGENDA ITEM No. Rd c~) APR 1 1 2000 pi[. / 3 c) Gas taxes will be used to support debt service, the Roads Construction CIP, and the Road and Bridge maintenance operations. As identified below, the FY 01 budget assumes that after debt service requirements are met, $3,000,000 in gas taxes will be devoted to road maintenance, with the remaining balance allocated to road construction. Other Revenues Constitutional Officer tumbacks were based on an average of historical receipts. (See attachment F). Expense Assumptions All services provided currently will be funded in FY 01. The following inflationary increases were utilized in the three year budgetary analysis: A phased implementation of the pay plan study prepared by Arthur Andersen at the market minimum +5%, relative position in the pay range, and a 3% increase in budgeted operating expenses/capital outlay was assumed. A 5% reserve for contingency in all funds was assumed. A 4% attrition rate was assumed in the County Manager's Agency and the Sheriffs Office. An additional allocation, 1.5% of Personal Services, is recommended for the merit pay program. In the General Fund, the proposed reserve for cash flow is. $1,500,000. In the MSTD General Fund, the proposed reserve for cash fiow is $250,000. The pool of funds available for capital projects funding/interim debt service is equivalent to a fixed millage rate of .3333 (projected to be $8,953,900 in the General Fund in FY 01) and wi!Ibe maintained at the .3333 mill level annually thereafter. It is important to note that this analysis excludes any millage impact of a potential Jail expansion and therefore, no associated operating impacts of a Jail expansion during the period from FY 00 - FY 03. In addition to inflationary costs of existing services, the analysis also includes program mandates, i.e., operating costs associated with completed capital projects. Within the Sheriff's Office, as grant funding for deputy positions is phased out, additional deputies also must be absorbed into the General Fund. General Fund Summary - FY O1 The FY 01 projected General Fund nfillage rate is 3.5002 or $355.02 per $100,000 of taxable value. This is a decrease of $0.56 per $100,000 of taxable value. The following major factors impact FY 01 ad valorem taxes in the General Fund: Andersen Pay Plan Study implementation (all Agencies with benefits) - $&432,222. Sheriff s Deputies formerly grant funded - $1,559,000. Phase-in of Sheriff s Office FY 00 expanded positions -$717,200. Health Insurance Increase (all Agencies) - $998,693. Increased General Fund support of EMS (1 additional EMS unit) - $758,800. 3 months North Regional Library operations - $255,400. Increased cost associated with new Domestic Animal Services facility - $193,800. Annualized cost of Librarians (North Regional Library) 9-month phase-in - $90,200. Clerk of Courts mandated expanded services - $345,300. AGENDA ITEM No. J~d c~) APR 1 1 2000 Pg. lq Other Funds Impacting the General Fund Individual analyses of the Road and Bridge Fund (Attachment B). Sales Tax Refunding Debt Service Fund (Attachment C)~ Guaranteed Entitlement Bonds Debt Service Fund (Attachment D), and the EMS Fund (Attachment E) were undertaken to determine the relative impact on the General Fund by fiscal year. Road and Bridge Fund Due to the previous policy decision to reallocate gas taxes from road maintenance to road construction, Road and Bridge has a large impact on the General Fund. Road maintenance operations will be increasingly supported by sales tax revenue that was previously available for use in the General Fund. Due to available carryforward revenue in Road and Bridge, only $2,697,900 in General Fund support was required in FY 96. In FY 97 the Board made a policy decision to defer the final transition of gas taxes from road maintenance to road construction. However, due to decreased carryforward revenue, coupled with approved FY 97 expanded services, the General Fund support increased in FY 97 by almost $2.3 million. In FY 98. 100% of available gas tax revenue was allocated to road construction. As such, the required General Fund support increased by $963,800. The trend was reversed as the Board used $1,000,000 in FY 99 and $2,000,000 in FY 00 in gas taxes for road maintenance. The FY 01, FY 02 and FY 03 amounts of gas tax allocated to road maintenance are $3 million, $4 million, and $5 million respectively. The historical and projected General Fund support required is as follows: 7000 6000 5000 4000 3000 2000 1000 0 7 Sales Tax Required for Road and Bridge FY 95 - FY 03 5,912 5.736 4,984 4,979 4,457 4,435 2,698 96 97 98 99 O0 01 02 03 Fiscal Year 3,737 AGENDA ITEM No._ ,f ~ ~ 3.) APR 1 1 2000 pg. / 5' _ EMS Fund EMS is another fund that impacts significantly on the General Fund. In FY 96 the EMS rate structure was changed to increase ambulance fees to $302. Ad valorem support of this fund amounted to $3,470,800 in FY 96. A mileage component was added to EMS bills in FY 99. In addition to inflationary cost increases, based on minimum response times as required in the Growth Management Plan one (1) additional EMS unit is proposed in FY 01 to service the 1-75 and SR 29 area. In FY 02 there are no additional units proposed. In FY 03 one (1) additional unit is proposed to be located near Port of the Islands. Historical and projected General Fund support of EMS operations by fiscal )'ear is as follows: 10000 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 1,930 General Fund Support of EMS FY 94 - FY 03 5,841 3,471 3,902 3,865 7,129 8,332 9,147 7,888 94 95 96 97 98 99 oo 01 02 03 Fiscal Year Sales Tax Refunding Bond Debt Service Due to savings generated by refunding the Sales tax bond issue, annual debt service payments in fund (215) were reduced in both FY 95 and FY 96. As a result, the sales tax required for debt service for that 2 year period was reduced and was therefore available for use in the General Fund and in Road and Bridge operations. In FY 97 debt service payments increased substantially, thereby requiring more sales tax revenue. In FY 98 there was only a $64,600 increase and in FY 99 there was only a $10,600 increase in sales tax required for debt service. As such, the bulk' of growth in projected sales tax revenue is available for use in the General Fund and, indirectly, Road and Bridge operations. However, as the gas taxes allocated to Road and Bridge operations increase, there is more net revenue available in the General Fund. In FY 01 there is an increase in the cash flow reserve required to fund debt service in FY 02, coupled with a decrease in accumulated carryforward revenue. This necessitates a $415,600 increase in sales tax revenue required for debt service. AGENDA ITEM No._ ,I.'c~ c ~ ) APR 1 1 2000 Pg._ / In FY 02 there is an increase in the required cash flow reserve, offset partially by a decrease in debt service payments. Due to an increase in carry forward revenue, there is a S222,600 decrease in required sales tax revenue. In FY 03 there is an increase in the cash flow reserve required to fund debt service in FY 04 resulting in a net increase of $19,400 in sales tax revenue required for debt service. The budgeted sales tax required for debt service annually is as follows: 4000 3500 3000 2500 2000 1500 1000 5OO 0 2,147 Sales Tax Required for Debt Service FY 95 - FY 03 3,632 3,409 3,428 3,13o 3,194 3,207 3,216 2,360 95 96 97 98 99 00 01 02 03 Fiscal Year Guaranteed Entitlement Debt Service There are only minor fluctuations in debt service requirements in the Guaranteed Entitlement Debt Service Fund (204). As a result, the amount of revenue sharing available in the General Fund is relatively stable. (See Attachment D). The final payment on this bond issue is due in FY 03. As a cash flow reserve is budgeted in this fund, no revenue sharing will be required for debt service in FY 03. However, it is important to note that there may be further reductions in the intangible tax this year, which would further reduce or totally eliminate revenue sharing as a funding source for County operations. Staff will keep the Board informed as the bills progress through the legislative process this year. Constitutional Officer Turnbacks During the period from FY 93 through FY 98, actual tumback revenue from the Constitutional Officers has exceeded the forecast level by a range from $1.037 million to $1.618 million. In FY 99 the variance was $.834 million due to staff taking a more aggressive approach in forecasting these revenues. The variance between the actual turnback and the budgeted turnback revenue is even greater. (See Attachment F). Based on historical evidence, and in an effort to provide the most accurate picture of the projected ad valorem requirements, Constitutional Officer tumbacks forecast in this analys AGENDA,, EM No.__~_ ~c ~ are ' APR I 1 2000 based on an average of historical levels. This provides additional revenue of $450,000 in FY 00. There is no projected tumback revenue from the Sheriff as a 4% attrition level was factored into the Sheriff's expense budget. Constitutional Officer Turnbacks FY 91 - FY 99 6000- 500O- 4000- 3000- 2000- 1000- 91 92 93 94 95 96 97 98 99 Fiscal Year I mBudflet lForecast I'lActualI Tax Implications - General Fund (001) In summary, the implications for future year General Fund millage rates required to fund the budget developed in this analysis (Attachment A) are as follows: Inc. (Dec.) per FY 00 Adopted and $100,000 General Fund Projected Millage Rate Taxable Value FY 00 3.5058 N/A FY 01 3.5002 ($0.56) FY 02 3.8371 $33.69 Fy 03 3.6352 ($20.18) As a point of reference, the graph on the following page plots the historical General Fund millage rate, as well as the projected millage rates from FY 00 through FY 03, based on the assumptions in this analysis. AGENDA iTEM No. ~f~2 c -~) APR 1.1 2000 Pg._ /£ ,., Millage 3.9 3.8- 3.7- 3.6- 3.5- 3.4- 3.3- 3.2- 3.1- 3- 2.9 General Fund Millage History FY 93 - FY O3 3.6729 3.7241 3.6813 3.5999 3.5510 3.4889 3.5002 93 94 95 96 97 98 99 00 01 02 Fiscal Year 3 '1 3.63521 O3 FY 02 The projected General Fund millage rate is 3.8371 or $383.71 per $100,000 of taxable value. This represents an increase of $33.69 per $100,000 of taxable value. In addition to annual inflationary cost increases, the following mandates were included in the FY 01 budget analysis: · Annualized cost of Andersen pay plan study - $6,432,222. · Sheriff's Deputies formerly grant funded - $2,209,500. Annualized cost of North Regional Library operations - $783,200. · Increased General Fund support of EMS - $443,700. · 'Clerk of Courts programs - $233,500. In addition, projected carryforward revenue in FY 02 decreases from the FY 01 budgeted level by $5,631,100. FY 03 The projected General Fund millage rate is 3.6352 or $363.52 per $100,000 of taxable value. This represents a decrease of $20.18 per $100,000 of taxable value. In addition to the inflationary costs of existing services, the following mandates were included in the FY 03 budget analysis: · Increased General Fund support of EMS (1 additional EMS unit) - $815,000. · Sheriff's Deputies formerly grant funded - $111,600. AGENDA Fi'EM No. ~"~-"'~: ~) APR 1 1 2000 Summar,f and Implications The tax increases required in this model are based on the specific revenue and expenses assumptions outlined in each scenario. The proposed expanded services in the County Manager's Agency are associated with new facilities coming on-line. It is important to note that the model includes no non-mandated expanded services, including additional Sheriff's deputies. However, the analytical model also assumes that all services provided currently will be funded in FY 01 - FY 03. Unincorporated Area General Fund (111) Results of Unincorporated Area General Fund Analysis In this analysis, the following expense assumptions were used: forecast 96% of budgeted appropriations for operating divisions and 100% of budgeted transfers. A 3% growth in cable television franchise fee revenues is assumed. The implications for future year millage rates required to fund the MSTD General Fund (111 ) budgets developed in this analysis (attachment G) are as follows: FY 00 Adopfe~d-ahd Inc. (Dec.) per Unincorporated Projected Millage $100,000 General Fund Rates Taxable Value FY 00 0.5470 N/A FY 01 0.5418. ($0.52) FY 02 0.5435. $0.17 FY 03 0.5209. ($2.26) The following narrative provides an explanation of the major factors impacting this fund for the next three fiscal years. FY 01 In addition to annual inflationary cost increases, the following mandates were inclUded in the FY 01 budget analysis: · Phase-in of pay plan adjustment (including benefits) - $339,665. · Phase-in of Max Hasse Community Park additional facilities - $176,600. · Annualized cost of Code Enforcement Investigator (signs) added in FY 00 - $134,500. · Cost of health insurance increase - $97,200. · Annualized cost of FY 00 pay plan implementation - $34,600. The analysis projects a millage rate of 0.5418 in FY 01 or $54.18 per $100,000 of taxable value. Per $ i00,000 of taxable value, residents in the unincorporated area would pay ($0.52) less in unincorporated area taxes in FY 01. AGENDA ITEM No. J>,2 c$ ~ APR ! 1 201)0 pg._ FY 02 In FY 02. the projected millage rate is 0.5435 or $54.35 per $100,000 of taxable value. This is an increase of S0.17 per $100,000 of taxable value. In addition to annual inflationary cost increases, the following mandates were included in the FY 02 budget analysis: Annualized cost of FY 01 pay plan implementation - $344,759. Annualized cost of Max Hasse Community Park additional facilities - $156,600. FY 03 In addition to annual inflationary cost increases, the following mandates were included in the FY 03 budget analysis: · Phase-in (6 months) of North Regional Park operations - $879,300. Assuming an 8% increase in taxable value in FY 03. the projected millage rate is 0.5209. This equates to $52.09 per $100,000 of taxable value and is a decrease of $2.26 per $100.000 of taxable value from the FY 02 projected millage rate. AGENDA ITEM No. ,,°d c$.~ APR 1 ! 2000 pg._ Standard County Budget Policies Budget Presentation Format The FY 01 budget process will again utilize the consolidated program budget and line item budget processes used last year. The consolidated budget process will provide both program sunmnary information, along with actual FY 01 cost data and millage rates. Budget presentations will be in a summary format, at the fund level. Discussion will focus on major increases in both budgeted revenues and expenditures at the fund level. If further detail is required, summary information will be available at both divisional (General Fund) and departmental levels. Funds where the Board has limited policy-making roles such as debt service, single purpose . taxing districts with millage rates based on ordinance limitations and proposed expenditure levels recommended by advisory bodies, and expendable trust funds will again be aggregated and presented at a macro level. Recommendation: The same presentation format as used during last year's budget process is recommended in FY 01. Financial Management/Financial Budget Development To improve financial planning and to understand the long-term impact of funding decisions, the County will prepare annually a three year projection of General Fund and MSTD General.Fund revenues and expenditures. The purpose of the analysis is to focus on the mid term financial conditions within the ad valorem tax supported funds and for the BCC and staff to understand the financial implications of funding decisions that will be made in FY 01. Recommendation: Continue to prepare the three year projection of the General Fund and MSTD General Fund revenues and expenditures for financial planning purposes. Self-Insurance Collier County operates a protected self-insurance program for its Workers' Compensation, Property, Liability and Health Insurance Programs. Approximately every three years, the County solicits quotations from insurance carriers and claims administrators to assure that it maintains a competitive and cost-effective program. During the summer of FY 96, the County solicited quotations for Health Insurance in a joint project with the City of Naples and the Collier County School Board. This program was implemented on January 1, 1997. Proposals for group health claims administration and reinsurance were sought in the fall of 1999 and a program through Robey-Barber Insurance Services was implemented on January 1, 2000. During the summer of FY 97, quotations for Property, Liability and Workers' Compensation insurance were sought, presented to the Board, and implemented January 1, 1998. A full marketing of these programs with the exception of Workers' Compensation adjusting services is scheduled for summer 2000 with implementation to take effect October 1,' 2000. Recommendation: Program funding to be based upon a confidence interval of 75%, with the exception of gr health to which a confidence interval is not applicable. To conduct an actuarial study of each of these programs on an annual basis. AGENDA ITEM No 2000 Grant Funded Positions In the past, as grant funding for positions has expired the positions may have been recommended for funding in a general (non-grant funded) operating budget. In those instances, the positions(s) transferred to the general operating budget have been included in the Current Service portion of the budget. However, it should not be presumed that these positions formerly funded with available grant funds would automatically be absorbed in the general operating budget. Recommendation: Any positions formerly funded with grant funds being recommended for inclusion in a general (non-grant funded) operating budget shall be treated as expanded service requests. Reserves Funds earmarked for future year capital projects shall be budgeted in a separate Reserve for Capital Outlay account. Reserve for contingencies shall be appropriated to cushion against unplanned expenditures, especially in case of major natural disasters. A reserve for cash flow may be established with a maximum (per Florida Statutes) of 20% of total fund appropriations. Recommendation: In the General Fund, the recommended reserve for cash flow is $1,500,000. In the MSTD General Fund, the recommended reserve for cash flow is $250,000. Operating funds may budget, at a minimum, a 5% reserve for contingency. A reserve for contingency is typically budgeted in all operating funds, with the exception of the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be appropriated within the County General Fund. Carryforward All revenues which are reasonably expected to be unexpended and unencumbered at the end of the fiscal year will be appropriated as carryforward revenue in the following year. The General Fund, MSTD General Fund, and the Pollution Control Fund are all supported principally by ad valorem tax revenue. However, major distributions of ad valorem tax revenues are not available until mid-November and early December. As a result, adequate cash must be available until the ad valorem proceeds are distributed. Collier County intends to manage its cash in such a fashion to prevent or minimize any borrowing to meet working capital needs. In the event that sufficient cash is not available to meet General Fund operating needs, staff will make arrangements to borrow against pooled cash. In staff's view, this provides a better alternative than increasing ad valorem taxes to increase cash flow reserves to avoid short-term borrowing for a limited time frame in both November and December. Recommendation: All revenues which are reasonably expected to be unexpended and unencumbered at the end of the fiscal year will be appropriated as carryforward revenue in the following year. Attrition Recommendation: Based on historical evidence, funds with 10 or more budgeted positions that have generated salary savings will utilize a 4% attrition factor in developing the FY 01 budget. Exceptions would include EMS, Ochopee Fire, and the Tax Collector. AGENDA IT, APR pg. Contract Agency Funding Recommendation: The Board of County Commissioners will not fund any non-mandated social service agencies. Indirect Cost Allocation Plan Recommendation: The policy of charging enterprise and special revenue funds for support services provided by General Fund departments will be used again in FY 01. The basis of these charges is a detailed indirect cost allocation plan. To address concerns raised by County Commissioners and MSTD/MSTU advisory committee members, this year's plan was again prepared by an external consultant. Enterprise Fund Payment in Lieu of Taxes Recommendation: As in prior years, the Solid Waste Fund and the Collier County Water- Sewer District will contribute a payment in lieu of taxes to the General Fund equal to the prior year General Fund millage rate multiplied by the prior year gross value of property, plant, and equipment. Debt Service The following policy regarding the issuance of debt was adopted in the Growth Management Plan: Collier County will not exceed a maximum ratio of total general government debt service to bondable revenues from current sources of 13%. Whereas Florida Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of restraint. Current bondable revenues are ad valorem taxes and state-shared revenues, specifically gas taxes and the half-cent sales tax. The enterprise funds operate under revenue bonding ratios set by the financial markets and are, therefore, excluded from this debt policy. As mentioned previously, there is $8,953,900 recommended for capital projects supported by a General Fund transfer in FY 01, as the .County believes in funding the bulk of capital improvements on a cash or "pay as you go" basis. However, not all capital projects may be funded on a cash basis. This is recognized in the Growth Management Plan policy regarding general obligation debt: Certain large scale projects of significant county-wide impact and cost would, if funded by current ad valorem taxes in the year of construction, result in an unacceptable millage rate. These projects may be proposed for bonding. The electorate may be asked through referendum to approve the borrowing of funds for the projects and the levy of ad valorem taxes to pay the resulting debt service. The defeat of a referendum on any or all of the projects will result in a lowering of the Level of Service Standard for related facilities. AnY capital projects financed by borrowing money shall limit the repayment period to the useful life of the asset. Interim Financing Collier County may also borrow funds on an interim basis to fund capital projects. In instances where interim financing is recommended, a repayment source shall be identified and the AGENDA ITEM financing source that has the lowest total cost shall be employed. No..__~P Pg._.__2 Depending on market conditions, bond refundings/refinancings ma)' be recommended by the Finance Committee. Recommendation: The net p:esent value savings generated by a proposed refinancing shall be a minimum of 5~,. As a general rule, savings generated by refinancing shall be utilized to reduce future debt service payments. Proposed Uses of Gas Taxes Gas taxes will be used to support debt service, the Roads Construction CIP, and Road and Bridge maintenance operations. In FY 98 the final transition of gas taxes from road maintenance to road construction was made. However, the FY 99 budget began a reversal of that trend with $1,000,000 of gas tax revenue being allocated to road maintenance. This is appropriate as it reduces the General Fund support of road maintenance activities and is an appropriate use of gas tax revenue. Recommendation: The FY 01 Road and Bridge operating budget shall include $3,000,000 in gas tax revenue as a funding source. In addition, in FY 02 and FY 03 the amount of gas taxes allocated to road maintenance shall increase annually by $1,000,000 thereby reducing the General Fund subsidy. The graph on the following page identifies the historical and projected amounts of gas tax revenues allocated to the Road and Bridge Fund from FY 95 through FY 03. 'E 5000' 4500' 4000' 3500' 3000' 2500' 2000' 1500' 1000' 500' 0' Gas Taxes Allocated to Road Maintenance FY 95 - FY 03 231 1,000 95 96 97 98 99 00 01 Fiscal Year 5,000 02 03 The following chart identifies the recommended uses of gas tax revenues in FY 01. Revenue Source Old Local Option Gas Tax (6 cents) County Gas Tax (7th cent) Voted Gas Tax (9th cent) New Local Option Gas Tax Constitutional Gas Taxes FY 0l Proposed Use Roads CIP, Maintenance Roads CIP Debt Service, Roads CIP Roads CIP Roads CIP AGENDA ITL No. J' ~ ,L,3 APR 1 1 2000 Pg._ ,~ Capital Improvement Program (CIP) The purpose of the Capital Improvement Program (CIP) is to provide roads, parks, utility infrastructure, government buildings, major equipment, capital maintenance and renovations to existing facilities. The Capital Improvement Program includes the growth-necessitated projects scheduled for a five-year period in the Capital Improvement Element of the Growth Management Plan, as well as non-CIE capital improvements not included in the Growth Management Plan. CIP Development On an annual basis, the County shall prepare and adopt a five-year Capital Improvement Element (CIE) consistent with the requirements of the Growth Management Plan~ The annual budget will include sufficient appropriations to fund capital projects identified in the first year of the CIE. CIP Policies Capital projects attributable to growth will be funded, to the extent possible, by impact fees. In accordance with the adopted road funding plan, all 'gas tax revenue will be allocated to road construction, aside from that required to meet debt service obligations and $3,000,000 of the 6t~ Cent Local Option Gas Tax that will be used to support Road & Bridge operations. Capital projects identified in the 5 Year CIE will be-given priority for funding. The five-year plan for water and wastewater CIE projects will be based on projects included in the adopted master plans. Non-CIE capital projects funded by General Fund ad valorem taxes will be reviewed annually on a case-by-case basis. A non-CIE capital plan will also be developed. The respective departments during the budget process will identify annual operating expenses associated with capital projects. Unlike operating budgets that are administered at the appropriation unit level, capital project budgets will continue to be administered on a total project budget basis. The minimum threshold for projects budgeted in capital funds is $25,000. External Operating and Capital Project Funding Requests External operating and capital project funding requests are reviewed on an individual basis in a competitive environment (competing against all other budget requests; with projects recommended for funding on a priority basis within available funding limits). Recommendation: External operating and capital budget requests should only be considered within the framework of the budget process. The submission date for external budget requests will be April 24, 2000. Requests for funding received outside the boundaries of the budget process shall be considered in the subsequent year's budget cycle. AGENDA ITEM No. J>~3) APR 1 1 2000 Funding of Median Beautification Maintenance Costs Collier Count)' has never adopted a formal policy regarding a dedicated funding source for the maintenance of median beautification projects. Through the annual budget process, the practice has been to fund non-local roadway median maintenance costs from the Road MSTD' s. Recommendation: Adoption of a budget policy recognizing the Road MSTD's as the appropriate, dedicated funding source for median beautification maintenance costs. Capital Maintenance On an annual basis, there is funding requested for the replacement/maintenance of major building components such as roofs, air conditioning units, exterior painting, chiller plants, etc. Funding for these components may vary widely from year to year based on the useful life of the various components. Recommendation: Establish a sinking fund for the es'entual replacement of the building components noted above. This is a standard business practice and will also eliminate major budget fluctuations in capital maintenance/replacement from year to year. AGENDA ITEM APR 1 pg._ ~-7 ~,GEND4 IT~&4 APR t.! 2000 Pg. ~$ AGENDA ITE~ APR 11 2000 AGENDA ITEM No. ,,/"~ ~_ ~j ~ APR ~1 2000 Pg. Allacb ment B Appropnauon Umt Personal Services Op~raung Expenses Capiml Outlay Transfers Reserve-SalaO Adjustment Total Appropnauons Gas Taxes Mobile Home Licenses Can>d Forward SalesTax~ Tram 1001) Transfers MSD,MSTU Appropriauon Unit Persona] Services Operating Expenses C apilal Outlay Transfers Reserve-Merit Bonuses Amitlon Reserves Total Appropriations Revenues G'az Taxes Motor Fuel Tax Rebate Mobile Home Licenses lnterestVhsc Carry Forward Sales Tax. Trans (001 ] Transfers MSTD,~vlSTU Reimbursements Revenue Reserve Total Revenues AppropriaUon Unit Personal Sen'ices Operating Expenses Capital Outlay' Transfers Reserve-Merit Bonuses Allhtion Reserves Total Appropriations Gas Taxes Motor Fuel Tax Rebate Mobile Home Licenses Carry Forward Sales Tax, Trans (001) Transfers MSTD/MSTU Total Revenues FY oo Adopled Bud~e~ Road & Bmdge Fund (101) Fiscal Year 2001 Budget FY 00 FY 0i Forecast Current Exp'Rev SeN'lee FY 01 Expanded Service FY 01 Total Budeel % Budgel Chanee 5,18%700 4.982, I O0 5,606 900 2,g 19900 2,870.600 2,904,500 688.200 688.200 688,200 0 0 0 0 0 0 {200.6003 0 1224.3003 435.200 0 476,600 8,932.400 8,540,900 9,451.900 2.000,000 2,000,000 3.000,000 ] I 0,000 l t 0,000 I } 0,000 I 12,600 105,000 112,600 40,000 40,000 264,800 570,400 1,246,O00 I, 177 500 5,736,300 5,736,300 4.456,900 298700 298,700 316600 182400 182,400 ] 82,4U0 (I 18,0003 0 (168.9001 8,932.400 9,718.400 9.451,900 Road & Bridge Fund (101) Fiscal Year 2002 Budget FY 01 FY 01 FY 02 FY 02 Adopted Forecax~ Current . Expanded Bud~et Exp,Rev Ser,'tceService 5,606.900 5,382.600 5,882,500 0 2,004.500 2.904.500 2,991 600 0 688.200 688.200 688.200 0 0 0 0 0 0 0 0 0 1224.300} 0 1235.3001 0 476.600 0 503.000 0 9,451.900 8.975.300 9.830.000 0 3,000,000 3,000.000 4.000.000 0 } 12,600 112,600 112,600 0 264,800 264.800 235.500 0 I. 177,500 I, 177,500 645.$00 0 4,456,900 4,456,900 4,435300 0 316,600 316,600 326,100 0 182400 182,400 182,400 0 (168,900) 0 (217.400} 0 9.451,900 -9.620,800 9,830.000 0 0 5,606,900 8 0% 0 2,904,500 3 0% 0 688,200 0 0% 0 0 N :A o 0 N/A 0 {224.3001 I I 8% 0 476,600 95%) 0 9,4~ 1.900 5 g% 0 3,000,000 50 0% 0 I I 0,000 0 0% 0 112,600 00% 0 264,800 562 0% O I,I 77.500106 4% 0 4.456.900 -22 3% 0 316.600 6 0%, 0 182,400 0 0% 0 (168.900) 43 1% O 9,45 t,900 5 8°4 Road & Bridge Fund (101) Fiscal Year 2003 Budget FY 02 FY 02 FY 03 Adopled Forecast Currem Budget Exp/R.e'~ Service 5,882.500 5,647,200 6,117,800 2,991.600 2,991,600 3,081,300 688,200 688,200 688,200 0 0 0 0 0 0 (235,300} 0 (244,700) 503,000 0 527,600 9,g30.000 9,327,000 10,170,200 4,000.000 4.000,000 5,0OO, 000 110,000 110,000 ! 10,000 112,600 I 12.600 112,600 235,500 235,500 239,600 645,500 645,500 720,400 4,435,300 4,435,300 3,736,900 326,100 326,100 335,900 182,400 182,400 182,400 {217,4003 0 1267,600) 9,830,000 10,047,40010.170,200 FY 03 Expmded Service FY 02 To:a] Budget %882.550 2.991,600 688,200 0 0 1235,300) 503.000 9.830,000 4.000.000 I I 0 000 112.600 235.500 645.500 4.435.300 326.100 182.400 1217.4001 9.830,000 FY 03 Total Budget 6, I 17.800 3.081,300 688,200 0 0 1244,700) 527.600 5,000,000 110,000 112,600 239.000 720,400 3.736,900 335,900 182,400 (267,600) 10.170.200 Budget Chan~e 4 9% 3 0% 0 0% N~A N/A % Budget Chan~e 25 6% 0 0% 0 O% I 7% I1 6% -15 7% 3 0% o 0% 23 I% 3 5% AGENDA ITEM- No. ,P~-~c.~) APR 1 1 2000 pg._ 3,,-' Attachment C Sales Tax Debt Service Fund (215) Fisca! Year 2001 Budget FY 00 Pr' 00 Adopted Forecast Appropriation Unit BudLzet Exp/Rev Debt Service 3,595,200 3,595,200 Cash [qow Reserve 2,703,200 0 Debt Service Reserve 3,628,500 0 Total Appropriations 9,926.900 3,595,200 FY 01 FY 01 FY 01 % Current Expanded Total Budget Service Service Budget Chan~e 3,585,200 0 3,585,200 -0.3~ 2,745,100 0 2,745,100 1.6% 3,628,500 0 3,628,500 0.0% 9,958.800 0 9,958,800 0.3% Revenues: Sales Tax Miscellaneous Revenue Caf'fy Fomrard Bond Proceeds Revenue Reserve Total Revenues 3,216,000 3,216,000 3,631.600 300.000 200,000 200,000 6,586,700 6,498,000 6,318,800 0 0 0 (175,800) 0 (191,600) 9,926,900 9,914,000 9.958.800 0 3.631,600 12.9% 0 200,000 -33 .3% 0 6,318,800 -4.1% 0 0 N/A 0 (191,600) 9.0r3 0 9,958.800 03% Sales Tax Debt Service Fund (215) Fiscal Year 2002 Budget Appropriation Unit Debt Service Cash How Reserve Debt Service Reserve Total Appropriations FY01 FY01 Adopted Forecast Bud,~'et Exp/Rev 3,585.200 3,585,200 2,745.1 00 0 3,628,500 0 FY 02 FY-0Z - Current Expanded Service Service 3,576.100 0 2,789,100 0 3.628,500 0 9,958,800 3.585,200 9,993,700 FY 02 % Total Budget Budget Chan~.e 3,576,100 -0.3% 2,789,100 1.6% 3,628,500 0.0% 0 9,993,700 0.4% Revenues: Sales Tax Miscellaneous Revenue Carry Forward Bond Proceeds Revenue Reserve Total Revenues 3,631,600 3.631,600 3,409,000 200,000 200.000 200.000 6,318,800 6,318.800 6,565.200 0 0 0 (191,600) 0 (180,500) 9,958,800 10.150,400 9,993,700 0 3,409,000 -6.1% 0 200,000 ' 0.0% 0 6,565.200 3.9% 0 0 N/A 0 (180,500) -5.8% 0 9,993.700 0.4% Sales Tax Debt Service Fund (215) Fiscal Year 2003 Budget Appropriation Unit Debt Service Cash Flow Reserve Debt Service Reserve Total Appropriations Revenues: Sales Tax Miscellaneous Revenue Carry. Forward Bond Proceeds Revenue Reserve Total Revenues FY 02 FY 02 Adopted Forecast B udder Exp/Rev 3,576,100 3,576,100 2,789,100 0 3,628,500 0 9,993,700 3.576,100 FY O3 Current Service 3,573~700 2,842,800 3,628,500 10,045,000 3,409,000 3,409,000 3,428,400 200,000 200,000 200,000 6,565,200 6,565.200 6.598,100 0 0 0 (180,500) 0 (181,500) 9,993,700 10,174,200 10.045,000 FY 03 Expanded Service FY 03 % Total Budget Budget Chan~e 0 3,573,700 -0.1% 0 2,842,800 1.9% 0 3,628.500 0.0% 0 10,045,000 0.5% 0 3,428.400 0.6% 0 200,000 0.0% 0 6.598,100 0.5% 0 0 N/A 0 (181,500) 0.6% 0 10,~5,000 0.5% AGENDA/YEM No. PwcU ~g. 22. . Attachment D Revenue SharingDebt Service Fund (204) Fiscal Year 2000 Budget Appropriation Unit FY 00 FY 00 FY 01 FY 01 FY 01 Adopted Forecast Current Expanded Total Budget Budget Exp/Rev Service Service Budget Change Debt Service Cash Flow Reserve Debt Service Reserve Total Appropriations 373,800 373,800 375,100 356.800 0 359,800 0 0 0 730,600 373,800 734,900 375,100 359,800 0 0 734,900 0.3% 0.8% N/A 0.6% P, even~es: Revenue Sharing Miscellaneous Revenue Carry. Forward Bond Proceeds Revenue Reserve Total Revenues 373,100 373,100 373,40O 12,800 8,900 8,900 364.000 363,600 371.800 0 0 0 (19,300) 0 (19,200) 730,600 745,600 734.900 373,400 8,900 371,800 0 (19.200) 0.1% -30.5% 2.1% N/A -0.5% 0 734,900 0.6% Revenue SharingDebt Service Fund (204} Fiscal Year 2002 Budget Appropriation Unit FY 01 FY 01 FY 02 FY 02 FY 02 Adopted Forecast Current Expanded Total Budget Exp/Rev Service Service Budget Debt Service Cash Flox~ Reserve Debt Service Reserve Total Appropriations 375.100 375,100 370,900 359,800 0 367.600 0 0 0 734.900 375,100 738.500 0 370,900 0 367.600 0 0 0 738,500 % Budget Change -1.1% 2.2% N/A 0.5% Revenues: Revenue Sharing Miscellaneous Revenue Can3' Forward Bond Proceeds Revenue Reserve Total Revenues 373,400 373,400 369,600 8,900 8,900 8,900 371,800 371,800 379,000 0 0 0 (19,200) 0 (19~000) 734,900 754,100 738,500 369,600 8,900 379,000 0 (19,000} -1.0% 0.0% 1.9% N/A - 1.0% 0 738,500 .0.5% Revenue SharingDebt Service Fund (204) Fiscal Year 2003 Budget Appropriation Unit FY 02 Adopted Budget Debt Service Cash Flow Reserve Debt Service Reserve Total Appropriations 370,900 367,600 0 738,500 FY 02 FY 03 Forecast Current Exp/Rev Service 370,900 371,100 0 0 0 0 FY 03 Expanded Service 0 0 0 FY 03 Tot~ Budget 371,100 0 0 370,900 371,100 % Budget Change 0.1% -100.0% N/A 0 371,100 -49.7% Revenues: Revenue 'Sharing Miscellaneous Revenue Carry Forward Bond Proceeds Revenue Reserve Total Revenues 369,600 369,600 0 8,900 8,900 0 379,000 379,000 386,600 0 0 0 (19,000) 0 (15,500) 738,500 757,500 371,100 0 0 386,600 0 (15,500) -100.0% -100.0% 2.0% N/A -18.4% 0 371,100 -49.7% AGENDA ITEM No. RE < ~) API 1 1 2000 Attachment E Emergency Medical Sera'ices Fund (490) FY Ol Budget Appropriatmn Und FY 00 FY OO FY 0l FY OI FY 01 Adopted Forecast Current Expanded Total Budget Budget Exp,~e,, Ser-,,iceService Budget Change Personal Ser~ ices Operating Expenses Capital Outlay Transfers Reserves Total Approprianons Revenues 8,718.3(10 8,718,300 q 109,500 399,500 9,509,0009 1% 1.773,0001.773,000 1,826.200 IO,500 1,836,70036% 27.000 27.O00 0 0 0 -IO0 0% 48,700 48,700 2,000 0 2,000 -95 9% 512.400 0 546.800 20,500 567,300 I0 7% I 1,079,400 10,567,000I 1,484,500430,500 I 1,915,000 7.5% Ambulance Fees Prior Year Revenue Trans Gen'l Fund InteresvMisc CarD Forward Revenue Reserve Total Re',enue 3,610,8003.749,700 3,719,100 0 3,719,1 O0 3 0% 0 0 0 0 0 N/A 7,129,4007,129.400 7,457,700 430.500 7.888,200 10 6% 27.200 27,200 27.200 0 27,200 0.0% 493.900 128,500 467.800 0 467,800 -53% 1181.900)0 (187.300) 0 (187,3001 30% I 1,079,400 ] 1.034,800 I 1.484.500430,500 11,915.000 7 5% Emergency Medical Sen'ices Fund (490) FY Ol Budget Appropriat:on Umt FY 01 FY 01 FY 02 FY 02 FY 02 % Adopted Forecast Current Expanded Total Budget Budget Exp.'Re~ Sep,'ice Service Budget Change Personal Ser',lces Operating Expenses Capital OutLay Transfers Reserves Total Appropriations Revenues 9.509.0009.509.000 9.898,300 O 9.898,3004 I% 1,836,7001.836,700 1,891,800 0 1,891.8003 0% O 0 0 0 0 N/A 2,000 2,000 0 0 0 -100 0% 567,300 0 589,500 0 589,500 30% 0 12.379,600 3 0% 11,915,000 11,347.70(I 12,379,600 Ambulance Fees Prior Year Re,.enue Trans Oeffl Fund ]nterest.~tisc Carry Forward Revenue Reserve Total Revenue 3,719,1003,347,190 3,830,700 0 3.830,700 3.0% 0 0 0 0 0 N/A 7,888.2007,888,200 8.331~910 0 8,331,910 5 6% 27,200 27,200 27,200 0 27,200 0 0% 467,800 467,800 382,690 0 382,690 -182% (187,30010 (192,900l 0 (192,900) 30~. 0 12,379.60039% 11.915,000 11,730,390 12,379,600 Emergency Medical Services Fund (490) FY03Budget Appropriation Unit FY 02 FY 02 FY 03 FY 03 FY 03 % Adopted Forecast Current Expanded Total Budget Budget Exp,rRev Service Service Budget Change Personal Services Operating Expenses Capital Outlay Transfers Reserves Total Appropriatmns Revenues 9,898,3009,898,300 I 0,294.200432,100 10,726,300 8 4% 1,891,8001,891,800 1,948,600 I 1,200 1,959,800 36% 0 0 0 0 0 N/A 0 0 0 0 0 N/A 589,500 0 612,100 22,200 634,300 7 6% 12.379,600 I 1,790,100 12,854,900 465,500 13.320,400 7 6% Ambulance Fees Prior Year Revenue Trans Gan'l Fund lnterest/Misc Carry Forward Revenue Reserve Total Revenue 3,830,7003,447,630 3,945,600 0 3,945,600 3:0% 0 0 0 0 0 N/A 8,331,9108,331,9]0 8,681,370 465,500 9,146,870 98% 27,200 27,200 27,200 0 27,200 0 0% 382,690 382,690 399,330 0 399,330 4 3% (192,900)0 (198,600) 0 (198,600'1 3 0% 12,379,600 12,189,43012,854,900 465,500 13,320,400 7 6% AGENDA ITEM No. ~ (~) API 1 1 2000 pg._ 3-, 00000 0 0000 0 0~ 00000 0 00000 0 00000 0 00000 0  moo00 ~ ~o000~ ~ 00000 0 0000 '-- 'oooo ~0 o 00000 0 00000 0 00000 0 00000 0 000~0 ~ ~000~ ~ ooooo o gg§gg o 0 00000 0 ooooo o ~ ~- o oo eo AGEND,~ ITE No. pg. AGENDA I~EM - No. APR 1 1 ?.000 Pi[., AGENDA ITEM No. APR 1 1 2000 pg._ ~7 EXECUTIVE SUMMARY REQUEST FROM THE HISPANIC AFFAIRS ADVISORY BOARD REGARDING FACILITATION OF COMMUNICATION BETWEEN THE IMMOKALEE FARMWORKERS AND THE GROWERS. OBJECTIVE: That the Board of County Commissioners formally request the Governor's involvement in the dispute between the Immokalee farmworkers and the Growers. CONSIDERATION: The Hispanic Affairs Advisory Board (HAAB) is recommending that the Board of County Commissioners send a letter to Governor Bush requesting that he become involved in the dispute with the two parties in an effort to resolve the issue. Unique to the resolution that failed before the Board in 1998, HAAB is not requesting that the Governor or the Board take a position relating to the issue. Instead, HAAB is requesting that the Governor utilize the Office to help facilitate the resolution of the issue. Information gathered throughout the community by the Advisory Board indicates that the current issue has a real negative impact on Collier's Hispanic community. The opening of dialogue between the two parties with the assistance of the Governor would greatly raise the morale of Collier County's Hispanic community, and hopefully help resolve the issue. A letter from the Commission would also demonstrate a goodwill gesture to the community. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT: None RECOMMENDATION: The Hispanic Affairs Advisory Board recommends that the Board authorize the Chairman to sign a letter requesting the Governor's involvement to help resolve this issue. Prepared By: [~ '~tx/~/nA~ ~Iohn Dur~nuck,-Assistant to the County Manager Liaison to the Hispanic Affairs Advisory Board Reviewed and . -,,,_ ~ · Approved By: ~'~._~-~'~' '~.~--- Ti~o~rna-s Wi Olliff, [2~['~ Manager Office of the County'Manager Date: " 'AG'ENDA ITEM No. '~l~q _ APR 11 ZOO0 COI.I.IF..R COUNTY' HISPANIC AFFAIRS ADVISORY' BOARD 3301 East Tamiami Trail Naples, Florida 34112 February 3, 2000 Board of County Commissioners, Collier County c/o Mike McNees, Interim County Administrator 3301 Tamiami Trail, East Naples, Florida 34112 Re: Collier County Hispanic Afl'airs Advisory Board's Request for Agenda Item .relating to Immokalee Farmworkers Dear Commissioners: On January 27, 2000, the Collier County Hispanic Affairs Advisory Board (HAAB) met in Immokalee and heard from the representatives of the Coalition of Immokalee Workers regarding farmworker issues. As a result of the meeting, the Board voted for me, as Chairman, to request on behalf of the HAAB that the Board of County Commissioners formally ask Governor Jeb Bush to request the Growers involved in this dispute to have dialogue with the farmworkers. The HAAB took this position because, the information gathered indicates that this problem affects the Hispanic community in Immokalee in various ways. It is important to note that the HAAB is not requesting that the Board of County Commissioners or the Governor take sides in the dispute. Rather, the HAAB is merely advising that dialogue should be requested as the best means to reach a resolution of the problem, which will, in turn, benefit the entire Hispanic community in Immokalee. Thank you for your attention to this letter from the HAAB. I look forward to appearing before you on a future agenda to discuss this matter. Sincerely, cc: Ramiro Mafialich, Liaison Lucas Benitez, Coalition oflmmokalee Workers HAAB Members David Correa, Chairman APR 11 000 EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO MAKE A DETERMINATION, PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95-632, REGARDING PROVIDING A LEGAL DEFENSE TO COUNTY EMPLOYEES. OBJECTIVE: That the Board of County Commissioners apply Collier County Resolution No. 95-632, regarding providing a legal defense to County employees, to a situation involving criminal charges filed by the State Attorney against three County Employees involved in an acid spill at the North Water Treatment Plant. CONSIDERATIONS: On March 28, 2000, the County Attorney Office was notified that the State Attorney was filing criminal charges against three County employees. The charges stem from their involvement in the disposal of an acid spill at the North Water Treatment Plant and the resultant investigation by the Florida Department of Environmental Protection. The County employees are charged with littering and improper disposition of hazardous wastes, both Third Degree Felonies. It is the understanding of the County Attorney's Office that the employees have requested County paid representation of counsel pursuant to Resolution No. 95-632. Under the Resolution there are two approaches the Board may take. The first approach is to make a determination for reimbursement (instead of up front payment for representation of counsel) provided that: The charges against the County person arose out of or in connection with the performance of official duties while serving a valid public purpose; the County person has been acquitted or the charges d!smissed; and the legal fees and/or costs charged are reasonable in amount. See Section 4 of Collier County Resolution No. 95-632. The second approach allows the Board to find that a valid public purpose would be served by providing up front payment of legal representation contingent upon the person reimbursing the County, if said person is found guilty. The competing interests to be weighed by the Board are: the public purpose in preventing a "chilling effect" on proper and diligent performance of public duties which can occur when employees are not supported by the County in defending claims versus the public purpose of only affording potential reimbursement in criminal-type cases so that taxpayer funds are not expended to protect alleged violators of the law. Section 8 of Resolution No. 95-632 sets forth the procedure for determination of representation questions beginning with the recommendation of the County Attorney and County Administrator and culminating with the decision by the Board of County Commissioners. It is the recommendation of the County Attorney and the County Manager that, under the applicable resolution, the preferred approach is to provide for reimbursement rather than up front payment for representation of counsel, noting that this has been the course followed in the past when charges were filed by the State Attorney. This matter is being submitted because the employees have a court appearance on April 24, 2000 and it is necessary to afford sufficient time for the employees to either be provided counsel or assurance of funding for counsel or seek and pay for counsel themselves prior to that court date. AGENDA ITEM APR 1 FISCAL IMPACT: The exact potential fiscal impact is not known because it will depend on the degree of' prosecution by the State Attorney and how the Board chooses to handle the matters under Resolution No. 95-632. Criminal-type cases are normally not covered cases under County insurance policies. Any payments to be made would have to be made from general fund reserves. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners consider this Executive Summary and make a determination, pursuant to Collier County Resolution No. 95-632, regarding a request for legal representation by County employees. Prepared by! ..~ ~ :r_T-~2~-L-'~,/' ' Date: -Ramiro Mafialich, Chief Assistant County Attorney Approved by: ~ ~ .~~~_ Date: David C. Weigel County Attorney A~F. NDA ITEM NO._ q 11.2000 APR 11 2000 RESOLUTION NO. 95- 632 A RESOLUTION SETTING FORTH THE POLICY OF T~E BOAP. D OF COUNTY CO~ISSIONERS WITH REGAP. D TO PROVIDING A LEGAL DF2~ENSE AND PAYING LEGAL F.X~ENSES OF COUNTY C0~BSIONERS, COUNTY STAFF ~ COUNTY ADVISORY BOARD ~KF2~B ERS. WH.'i33~S, t_he Board of County commissioners and 'the Collier County management and legal staff are constantly presented with the necessity for making decisions regarding all phases cf County policy, management and legal counsel, respectively; and WHE.~q~AS, local governments and their employees have recently become subject to increasing numbers of lawsuits based upon state and federal laws; and ~E~EAS, it is essential to the effective operation of County government that policy, management and legal decisions be made competently, in the public interest, and wi~h the threat of personal liability for board and staff members for~ making said decisions being maintained at a minimum so as % avoid the "chilling effect" on the proper and diligent performance of public duties recognized by the Florida Supreme court in Thcrnber v. City of Fort Walton Beach, 568 So.2d. 914 (1990); and W~_R=_AS, Florida statutory and case law, as well as At=orne~ General opinions (hereafter referred to as "AGO"), set forth the requirements and discretion which are afforded to the local governing body to formulate a policy regarding the provision of counsel and payment of legal expenses for Board members, County staff and advisory board members who are involve~ in litigation arising out of or in connection wi~h the performance of official duties and while serving a valid public purpose; and WHEREAS, Collier County insurance policies currently include county employees as well as Board members and members of the Administrator's and County Attorney's staff within th~ scope of coverage, provided that said persons are acting with the scope of their employment and do not act criminally or fraudulently; and NO. ~ APR 11 2000 WHEREAS, the Board of County Commissioners (hereafter also referred to as "Board") desires to hereby set forth and formalize its policy with regard to the provision of legal counsel and the payment of legal expenses incurred by County Commissioners and administrative and legal staff so as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for County Commissioners and County staff members while acting in the scope of their official duties and while serving a valid public purpose. WHEREAS, the various advisory boards, quasi-judicial boards and regulatory boards (hereafter also collectively referred to as "advisory board(s)") formed by the Board of County Commissioners, and the members thereof who are appointed by the Board of County Commissioners, serve a critical function with regard to the operation of Collier County Government; and WHEREAS, the members of such boards serve on a volunteer basis without compensation for the time spent in performing their duties and functions; ~nd WHEREAS, said boards and board members are regarded by the Board of County Commissioners as being.within the umbrella of legal protection afforded to the Board of County Commissioners' and other Collier County emPloyees; and WHEREAS, the Board hereby desires to set forth and formalize its policy with regard to the p~ovision of legal counsel and the payment of legal expenses incurred by advisory board members so as to promote competent decision~ and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for advisory board members while acting in the scope of their official duties and while serving a valid public purpose. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY C ~MISSIONERS OF COLLIER COUNTY, FLORIDA, that: AOi~IDA FTI~M 1! 2000 1. Definition' of "County person(s)"z As used in this Resolution, the term "County person(s)" shall mean and include the members of the Board of County Commissioners, t_he County Administrator and his staff, the County Attorney and hi~ staff, all enployees of the Board of County Commissioners as well as the Collier County Airport Authority Director and his staff, the Direotor and staff of any other County-created authority, ~he officers and s~aff of any dependent or other special district for which ~he Collier County Board of CounCy Commissioners is r_he governing body or ex-officio the governing body thereof, and any person appointed by the Board of County Commissioners to a Collier County Advisory Board, quasi-judicial board or regulatory board formed by the Board of County Commissioners of Collier County, Florida. 2. Pursuant to Section 111.07, Florida Statutes, an" Tbornber v. ~%v of Fort WaltTD Beach, 568 So.2d 914 (Fla. 1990), the Board hereby resolves to provide legal representation to County persons in civil actions and in civil rights actions subject to the li=itatlons set forth herein. a. Legal representation shall be provided in civil actions and in civil rights lawsuits only if t_he litigation involving the County person to be represented arises out of or in connection with the performance of official duties and while said County person was serving a valid public purpose. No representation shall be provided in tort actions if the County person acted or failed to act in bad faith,, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. No representation shall be provided to any County person in a'civil action or civi~ rights action where said County person acted o~ failed to act with intent to harm. No representation shall be provided in any case A~ENDA UEM APR 11 2000 Co wher~ the County person has willfully failed to follow the legal advice furnished by the Office of t. he County Attorney, unless t~he Board of County Commissioners specifically finds, at a public meeting, t/~at said failure to follow legal advice was for reason(s) within the County person's Scope of employment and served a valid public purpose. Collier County shall at all times have discretion to determine whether to directly represent such individual through the County- Attorney's office or to select counsel to represent said County person in the civil action or civil rights action. If a County person chooses to obtain private legal counsel without prior authorization from Collier County, all fees and/or costs incurred by such person shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of legal fees and/or costs. Any legal' fees and/or costs properly payable under this Policy must be reasonable in amount. Pursuant to Section 111.07, Florida Statutes, any attorney's fees and/or costs paid or incurred by the County for any County person who is found to be personally liable by virtue of acting outside the scope of e~ployment, in bad faith, with malicious purpose, or in a~manner exhibiting wanton and willful disregard o~ human rights, safety or property, may be recovered by the County in a civil'action against such County person. Notwithstanding anything else stated in this section or this Resolution, the Board shall have the sole and absolute discretion allowed by --4-- 11 2000 Pg. Section 111.07, Florida Statutes, as well as by applicable case law, to not provide legal I representation and to instead reimburse any County person for reasonable attorney fees and/or costs in the event that said County person prevails in ~he civil or civil rights action. 3. Pursuant to Sections 111.071: and 111.072, Florida Statutes, the County shall pay for lisa1 judgments, settlements and/or costs involving County persons in civil actions aha in civil rights actions subject to the limitations provided herein. a. Collier County shall pay final jud'gmen%s, settlements and/or costs involving County persons only where the litigation arose out o~ or in connection with the perfornance by th= County person of official duties an~ while serving a valid public purpose. No final judgment, settlement or costs shall be paid for by the County in a civil action or a civil rights action ~f the County person against whom the final judgment, settlement and/or costs have been imposed has acted or failed to act with intent to harm. The County shall not pay any final judgment, settlement and/or costs in tort actions where a County person has acted or failed to act with bad faith, malice or with wanton and willful disregard of human rights, safety or property. No judgment and/or costs shall be paid in any case where the County person has willfully failed to follow the legal advice furnished by the Office of the Count' Attorney, unless the Board of Count] Commissioners specifically finds, at a public meeting, that said failure to follow legal AOENDA ITEM NO. __~_~_ (i~'~ APR 1 1 2000 advi~e was for reasons within the county person's scope of employment and served a valid I public purpose. b. Any final judgments, settlements and/or costs paid or incurred by the County shall be in strict adherence with the sovereign immunity recovery limits set forth in Section 768.28, Florida Statutes. : c. .If the County person has had private legal representation in t-he case, contrary to =he provisions of Sec:ion (2) (b) of this Policy,'any final judgment, settlement ~nd/or costs imposed shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of the final judgment, settlement and/or costs. d. Pursuant to Section 111.071(4), this section is Dot intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. 4. In cases where a County person is formally c~arged with a crLminal violation, the County shall pay the legal fees and/or costs incurred by said County person only under the following circumstances: a. The charges against the County person arose out of or in connection with the performance ~f official duties and while serving a valid public purpose. b. The County person has been acquitted or the charges dismissed. Lomelo v. City o~ Sunrise, 423 So. 2d. 974 (4th DCA 1982), pet. for rev. dismissed at 431 So.2d. 988 (Fla. 1983), and AGO 89-33. c. The legal fees and/or costs charged are reasonable in amount. --6-- 1 1 2000 p,g. c~ d. The County person has first notified the County administration and legal staff of ~he pendency of the charges and has permitted the County the opportunity to either directly provide counsel or to allow said County person to choose his/her own counsel. e. The charges have not resulted from.the willful failure of ~he County person to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, t~at said failure to follow legal advice was for reasons within the County person's scope of emplolrment and se_-wed a valid public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of a criminal case shall be paid by the County only for proceedings involving potential criminal liability for the County person and where the allegations are ultimately dete-~-mined to be unfounded and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 4b, c, d and e of this Resolution shall also govern ~hese cases. g. In the event that the County person has been' provided legal representation by the County and - the County person is found guilty of a criminal charge, the County may recover from the County person in a civil action all legal fees and/o costs paid or incurred by the County. 5. The County shall pay legal fees and/or costs incurred by County persons in cases involving formal ethics charges --7-- AOENDA ITEM APR 11 2000 subject to the limifations provided herein: a. The ethics charges arose from conduct related to the performance of official duties and while serving a valid public purpose. E!!ison v. Re%d, 397 So. 2d. 352 (1st DCA 1981) and AGO's 85-51 and 90-74. b. The County person has prevailed and successfully defended agains~ the e~hics charges. c. The legal fees and/or costs charged' are reasonable in amount. d. The County person has firs: notified the County administration and legal staff of the pendency of the charges and has permitted the County the oppor:unity to either directly provide counsel or to allow said County person to choose his/her own counsel. e. The charges have not. resulted from the willful failure of the Cou~nty person to follow ~he legal advice furnished by t-he Office of the County Attorney, unless the Board of County Commissioners specifioal!y finds, a: a public meeting, that said failure to follow legal advice was for reasons within the Coun:y person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of an ethics complaint shall be paid by the County only for proceedings involving potential civil and/or criminal liability and/or ethics ~anctions for the County person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO -8- 2000 94-11'. The provisions of Subsections 5b, c, d and e of this Resolution shall also govern ~hase I cases. g. In ~he event that the County person has been provided legal representation by the County and the County person is found by the Florida Ethics Co~=ission or other appropriate tribunal having jurisdiction over the case to have committed · ethical violations, the County may recover from ~he County person in a civil action all legal fees and/or costs paid or incurred by the County. h. Nothing in this section shall be construed to preclude the County Attorney from requesting formal or informal ethics opinions on behalf o one or more commissioners. 6. The County shall pay legal fees and/or costs incurred by County persons in cases involving non-county administrative and/or regulatory proceedings and/or formal charges subject to the limitations provided herein: a. The proceedings and/or charges arose from conduct related to the performance of official duties and while serving a valid public purpose. b. The County person has prevailed and successfully defended against the proceedings and/or charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County Administration and legal staff of the pendency - of the proceedings and/or charges and has permitted the County the opportunity to directly provide counsel or to allow Said County perso to choose his/her own counsel. e. The charges and/or proceedings have not resulted from the willful failure of the County person to --9-- AOENDA APR 1 1 2000 P~. ~c~ fol!o~ the legal advice furnished by ~he Office of the County Attorney, unless ~he Board of County Commissioners specifically finds, a~ a public meeting, that said 'fai!ure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fee5 and/or costs incurred by the County person during the pendency of the proceeding~ and/or the investigatory, pre-charge stages of an adminls~rative or regulatory case shall be pai~ by the County only for proceedings and/or charges involving potential civil and/or criminal liability and/or administrative/ regulatory sanctions for the County person and where the allegations are ultimately dete=-mined to be unfounded and to have risen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 6b, c, d and e of this Resolution shall also govern these cases. g. In t-he even~ that the County person has been provided legal representation by ~he County and the County person is found, by an administrative or regulatory agency or other appropriate tribunal having jurisdiction over the case, to have civil or criminal liability and/or to have violated administrative or regulatory rules, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. 7. The County shall pay legal fees and/or costs incurred by individual members of the Board of County Conmis~icners for instituting, as opposed to defending, litigation only where all -!0- of the following circumstances are present: a. The litigation arises from or in connection the Board members performance of official duties and the litigation serves a valid public purpose. b. This section shall apply only to members of the Board of County Conmissioners and not to any other "County person" defined in Section 1 of this Resolution. c. The Board meF. ber must prevail in said litigation. d. The legal fees and/or costs are reasonable in amount. e. The Board member shall have first notified the Board of County Commissioners, the County Administrator and the County Attorney prior the co~encement of the litigation and shall have pe.--mitted the County the opportunity to either directly provide counsel or to allow said Commissioner to choese his/her own counsel. f. The litigatiom has not resulted from the willful failure to follow the legal .advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the Commissioner's scope of employment and served a valid public purpose. g. In the event that the Commissioner has been provided legal representation by the County and the Commissioner does not prevail in the litigation, then the County may recover from the Commissioner in a civil action all'legal fee~ and/or costs paid or incurred by the County. 8. All preliminary decisions administering and -11- APR, 1 1 2000 p& ·, \g~ _ implementing this policy shall initially be made by the CounUy Administrator and/ct his designee and the office of ~he County Attorney in cooperation and consultation with each other's respective offices. Both offices are hereby delegated the power to make any lawful and reasonable investigation and evaluation of cases arising under this policy. Said evaluation shall take into account all available relevant information in addition to the nature, type, nu~her and substance of the allegations contained in any pleadings filed and/or se-~ved in any legal proceeding. Ail final determinations regarding the implementation and administration of this policy shall be made only by the Board of County Commissionsrs which is in ac:ordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board shall also make all final deta~minaticns regarding the provision of a legal defense and/or paying legal expanses cf County persons for any type of legal claim cr suit arising from a County person's performance of official duties while se~-ving a valid public purpose if said type of claim or suit is not specifically addressed by ~his Resolution. 9. Collier County Board of County Commissioners Resolution Nos. 85-126 and 85-178 are hereby repealed and superseded in their'entirety. '' This Resolution adopted after motion, second and majority vote'favoring same. DWIGHT"E;..BRO~K, Clerk COLLI=.R COUNt, FLORIDA ~ Approved as ~o form and legal'?ufficiency: -Ramlro Mabel&ch ~ = ' Chief Assistant County Attorney -12- OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on April 13, 2004 on the Environmental Advisory 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 county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use .Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. 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. The terms for'James L. McVey and Thomas W. Sansbury will expire on April 13, 2000. A press release was issued and resumes were received from the following 5 interested citizens: 'APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Alexandra Santoro Biologist 5 Yes None Stanley Weiner Chemical Engineering 3 Yes N~ne Duane L. Repp Bd member of FL Native Plant 2 Yes None Society & Fakahatchee S~'and Preserve Advisory Council Bill McKinney Tech Specialist/Chemicals 2 Yes None Thomas W. Sansbury President & General Mgr of Grey 4 Yes EAC (Re-Appt) Oaks Dev. & R.E. Broker COMMITTEE RECOMMENDATION: Quasi-Judicial Committee - No Recommendation. FISCAL IMPACT: NONE GROWTH MANAGEM~ENT IMPACT: NONE no. 11 2000 / "-"'RECOMMENDATION: That the Board of County Commissioners consider the requests for xppointment, appoint 2 members to serve 4 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 11, 2000 AGENDA ITEM ]V[cmorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Vincent A. C~P, Administrator Community DeAdlopment and Environmental Services March 23, 2000 EAC Vacancies My staff and I were notified by the County Attomey's office that the F_AC should not offer recommendations on prospective members since they are a quasi-judicial board. Thus, no recommendations will be sent from the Council. I have categorized the prospective members in the area of expertise. Please call me if you have questions. Alexandra Santoro Biologist/served on various environmental boards Duane Repp Florida Native Plant Society Board member and member of Fakahatchee Strand Preserve Advisory Council Stanley Weiner Chemical engineering Bill McKinney Technical Specialist/Chemicals - DuPont Co. Thomas Sansbury President and General Manager of a development corporation/Grey Oaks, Real Estate Broker Community Development and Environmental Services Division Office of the Administrator Environmental Advisory Council J. Richard Smith 380 Frangipani Avenue Naples, FL 34117 District: 5 Category: Technical - Law; Political Science Horl~ Phone Appt'd Exp. Date Term Home Phone DateRe-~ppt 2nd~Date 2nd Term 455-5020 08/09/99 04/13/02 3 Years James L. McVey 296 Monterey Drive Naples, FL 34119 District: 3 Category: non-technical 593-3777 08/09/99 04/13/00 William W. Hill 3655 Amberly Circle Al02 Naples, FL 34112 District: 1 Category: Technical - Engineer 774-4412 04/13/99 04/13/01 Milton Keen Comell 686 Lismore Lane Naples, FL 34108 District: 2 Category: Technical - Engineer 592-7254 04/13/99 04/13/03 Eo Carlson 348-9143 375 Sanctuary Road West Naples, FL 34120 District: 5 Category: Technical - Zoology & wildlife ecol 08/09/99 04/13/03 John P. DiNunzio 1276 29th Street, S.W. Naples, FL 34117 District: 5 Category: Non-Teelmical 455-9438 08/09/99 04/13/03 1 Year 2 Years 4 Years 4 Years 4 Years P~ge 1 of 2 Environmental Advisory Council Na~ Michael G. Coe 4552 Eagle Key Circle Naples, FL 34112 District: 1 Category: Non-Technical Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 262-1818 08/03/99 04/13/01 2 Years 732-0625 Jack Baxter 980 Cape Marco Drive Marco Island, FL 34145 District: 1 Category: Pollution Control 642-8225 01/25/00 04/13/02 2 Years Thomas W. Sansbury 840 River Point Drive #840 Naples, FL 34102 District: 4 Category: Non-Technical - Mgmt. 403-6800 04/13/99 04/13/00 1 Year 417-2053 This 9 member committee was created on 01/27/99 by Ord. No. 99-06 to act in an advisory capacity to the BCC in matters dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, ancl the review of all land development petitions which require an envoronmentat impact statement (EIA) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Areas of Cdtical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. 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. FL ST~IT: Staff.' Vince Cautero, Community Development Administrator. 403-2385 Wednesday, January 26, 2000 Page 2 of 2 MEMORANDUM DATE: March 6, 2000 TO: V~ell Hills, Elections Office ~ROM: Suc Fi]so~, A~s~ativc Assis~ 8o~d of Co~ Co~issio~e~s Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT Alexandra Santoro 210 Riverwood Road Naples, FL 34114 Stanley Weiner 9881 Clear Lake Circle Naples, FL 34109 Duane L. Repp 300 Edgemere Way East Naples, FL 34105 Bill McKinney r~ap~es, FL 34109 Thomas W. Sansbury 840 River Point Drive, Unit 840 Naples, FL 34102 Thank you for Your help. 2ooo MEMORANDUM DATE: March 6, 2000 TO: Vince Cautero, Administrator Community Development and Environmental Services It') FROM: Sue Filson, Administrative Assistan~ ~ Board of County Commissioners <~, ' 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: Alexandra Santoro 210 Riverwood Road Naples, FL 34114 Stanley Weiner 9881 Clear Lake Circle Naples, FL 34109 Duane L. Repp 300 Edgemere Way East Naples, FL 34105 Bill McKirmey 1898 Mission Drive Naples, FL 34109 Thomas W. Sansbury 840 River Point Drive, Unit 840 Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory, committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ICH 'APR I 1 Pg' 7 Received ~ar-02-00 10:28am from 941 403 1717 ~ Scanner page 1 Alax~dm S~toro 210 Riv~rwood Road Napl~ FL 34114 Home (9,il) Work (941) 403-1858 Home ~m~il: alli~john(~msn, com Work cma/l: asaat~ro~t~family.~ March 1, 2000 Ms. Sue Filson, Administrative Assistmt Collier County Commi,sion 3301 U.S. 41 E. N~ple~, FL 34112 Dear M~. Fflson: I would like to be~xm~e more activ~ ia th~ Naples community ~md a~ain s~rv¢ on a~ Enviromi~tal Advisory Couacil. With my mi.~d backl~und of scie~, ~lucafio~ government, ~nd business, I would work toward ~ dovelopmont tompered with ~ judgement and balance the preservation of wetlands, wild life, and open spaces with the pressur~ of a growing community. Collier County n~ls to remember tha~ its economy is directly roi~od to a "good enviwnmmt." Our resi&mts are being drawn from the over developed crowded Florida's east ~ or/h~ the Norttm'a olim~s tO enjoy our clmm air, cl¢~n wa~'S, pristine b~achcs, mbun_a__.*nt fishi~ and ~ffe, mm'acQve The Envi~ Advisory Board is m the ,mique position of being able to offer unbiased and thorough reports on the environm~ aspects so that $ovemn'~nml officials can nu~ the b~st ~i~iom based upon all tl~ facts. To the, se ~nds, I would like to serve. Sincerely, Alexandra "Allie" Santoro A~-NDAJTE~ APR I 1 ~nnn Received Mar-02-00 10:28am from 941 403 1717 * Scanner page 2 Resume for Alexandra "ADJe" Santona · Served on ~¢ County of Onondags (Syracuse NY) Enviromnental Council for over 10 years ~s an st large repr~tative mad l~zr wss re~i~pointed as noatechn~csl and t~chnical rel~resenUttive. Sm-red m Vice Chairman and Chairma~ This Council advi~ all of the County officials · Found~ ~ Chm_'rman of the Town of Onondaga Advis .ory Board md worked with thc Town Pl~uing Bosrd, Town Board, Zoning Board and Town Courts (with illegal dumtm-s). · Co author of an ~otml film m~l workshop for thc N.Y. State Environmental Quality Review Act which recoived a r~cognition award from the N.Y. St~ gepartmmt ofEnvironmmml ¢omervstiom The s~es w~ used by locul, county, md sialtewic~ officials. . Chairmm of the Public Aff~Lrs Committee md Environmeutal Committee lind ~ testimony on behalf of the Syracuse Jr. League in support of the N.Y. State ~turnable beverage container lcgislatio~ _ · Elected ss County of Onondaga Legislator. During my mm of o~ce we built a new land fill, a new incinerator (in my district), a 91! c~nter (in my district), a conv~tion center, a new j~l, m~i formed a Solid Warn Agency to work towed our goal of 50% r~cycliu$ of our waste products. · Served ss momb~r ~ officer of'numm~us community boards iuckuiing the Central N.Y. Girl Scout Board and Onon4_,Sn Free Librm'y Boar& · In Florida have been Secretary and President of the Riverwood Estates Hom~awners Associ~on represc'ntiag 2'/0 homos and curr~ Chair the March of Dimes Wstkathon for Florida Family Mutual ~c~ Company. Also serve {m the "Brisht Ideas" Committee st the · · Background: · B.S. in Biology from the University of Michig~m · Tsul~ht Jr. High Scimce in Omaha, Nebraska · Be~t a licensed tnmrance ~ for over 30 y~ar~ mo~y in outside s~le$ but cutr~ am a licensed agent and customer service r~presentative for Florida Family Mutual Lmur~c~ Company 02/1~/2000 17:11 9415913692 SI~N WEINER PAS5 81 E Sue Filson Administrative Assistant to th Fax: 774- 3602 Subject: Vacancies on Alter reading the avti~ the Saturday, February 12'a ¢ relatively recent resumes for .' I am currently retired; that have no facilities or busir and I am registered to vote in If more information is Thank you, Attachments: 2 page~ STANLEY WEINER 981t 1 Clear Lake Circle Naples, FL 34109-0787 941-591-0316 Fax 941-591-3692 .mail: stanw¢iner~.nrodi~v.net 14 February, 2000 Collier County Commission e Environmental Advisory Council e "Commission hoping to f'dl advisory Committee posts" in lltion of the Naples Daily News, I am submitting two position on the Environmental Advisory Council. however I do some engineering consulting for companies ess interests in Southwest Florida. I am a full time resident Collier County. required, please contact me. Stanley Weiner County Adviaor 2 14 00 A~,~NDA /0 t32/1~/2000 17:11 9415913692 STAN ~E!NER PAGE t32 Stanley Weine Company's corporal currently an instrur~ of process controls, instrumentation har~ interlock systems, h valves. He is a regi: of California and is Measurement and C Stan worked editing of a standan Instrumented Syst also contributed to Safety' s book, Chemical Processe book, "How to Bet 1.$23" became ava "Control Valves Control" was publ! 13, "Safety". lt~sumc 4 AuguKt, 1999 r is a retired Fellow from Monsanto :e engineering department. He is ent engineering consultant in the fields safety instrumented systems and [ware. He teaches implementation of .strument hardware and automated ~tered professional engineer in the State a Fellow in the International Society for ontrol (ISA). ith the ISA-dS-84.01 committee in the entitled, "Application of Safety ,,ms for the Process Industries". He he Center for Chemical Process relines for Safe Automation of s". Stan& Greg McMillan's latest omc an instrument Engineer- Part lable in October 1994. In 1998, Practical Guides for Measurement & shed by the ISA. Stan wrote Chapter APR // 02/Z4/2000 17:11 9415913692 STAN WEZNER ~GE 03 STANLEY WEINER Process Conffol Consultant Education · B.S. Chemical Engineering Drexel University E~q~ertise · Process Instrumentation Including Flow Metering & Valves · Process Control Systems Design & Troubleshooting · Hazard Identification · interlock Design Registration · Professional Engineer California Organizations · Instrument Society of America Fellow Status Three Published Books · Center for Chemical Process Sari Stan Weiner has over thirty- five years experience in the design, checkout and start-up of control systems and instru- mentation for chemical plants, petrochemical plants and their associated utilities. His primary specialties include, hazard analysis, interlocking process troubleshooting, pro- cess instrumentation, process control design, automated valve application and flow metering, He is an editor for the ISA SP-84 on Safety Automated Systems. As a Lead Instrument Engi- neer, Stan devised control systems for continuous and batch agricultural chemicals and herbicide plants, textile intermediates, monomers, o~3r chemical intermediates, and the associated utility facilities. Stan conducted industry-wide technical classes in "Reliability & Failure Probability for Instrumentation & Interlock Systems,' and "Process Hazard Analysis Concept~', 'Primary Measurements", & "Final Control Elements'. Stan designed the control systems for continuous pro- cass plants thet produce nylon intermediates, adipic acid, styrene monomer, methanol, chemical intermediates and associated utility facilities. He provided consutting ser- vices on bio-tech process requirements and sanitary hardware. As an Engineering Fellow for the Monsanto Company, Stan consulted on h~zerd identi- fication, interlocks, process control, automated valves, flow metering and instrumentation. Stan directed instrument engineering on plastics and rubber chemical plants in North & South America. Stan designed control sys- terns for a part continuous, part batch polyethylene plant for Monsanto Company. He installed a computer to monitor 40 laboratonj chrom- atographs. He designed and installed a compUte~ system in a plastic plant to control quality, storage and packout facilities. He co-authored three books, both published by the In- strument Society o1Amedca, How To Become an Instru- men.t. Engineer, and Logical Thouqhts at 4 A.M., along with writings on valve safety. As an Instrument Engineer for the Rohn & Haas Chem- ical Company, Stan de- signed and started up a computer supervised control system design of methanol, acetylene and ammonia complex. He tested and evaluated new instrument systems on bench models and in plant applications. As an Instrument Engineer for Day & Zimmerman, Inc, Stan wrote instrumen~ speci- fications and was a field engineer for a continuous polyisoprane/po lybutadienne plant. 0112812000 08:09 9412538659 REPP SDR P4GE Bi February l4,2000 To: Sue Filson/Collier County Commission Fax: 774 3'602 Subject: Environmental Advisory Council Reference Naples Daily News of February 12 indicating vacancies on the subject council. I would be interested m learning more about this group such as schedule of meeting dates, current members, and any additional deuxils regarding responsibilities. For your information, I have a degree in mechamcal engineering and I am a retired business owner cur~emly involved in volunteer work including: -Board of Directors, Florida Native Plant Society -President, Naples Chapter, Florida Native Plant Society -Board of Directors, Wyndemere Country Club (Chairman, Green & Grounds Committee in second year of directing project to remove all exotic plants from golf course natural areas and replanting with native trees and shrubs) -Board of Governors, Wyndemere Home Owner Association -Advisory Council, lYF Honicultural Extension -Advisory Council, Fakahatchee Strand State Preserve If you believe I might be qualified to serve, please provide the information requested above. Phone:262 4270 Fax: 2638659 e-mail: DI.RMAN~AOL.COM 300 EdgemereWayEast, Naples34105 /$ _1 --rom: Bill McKinney Fax: +1(941~430-1597 or 2634218 To: Sue Fitson FAX Fax: (941)7743602 Page 1 of 1 Monday, February 14, 2000 2:24 PM IBate: I Monday, February14, 2000 l Pages including cover sheet: I 1 To: sue Filson Phone Fax Phone (941)7743602 From: Bill McKinney Downing-Frye Realty Naples Florida 34103 Phone +1(941)592-7124 Fax Phone +1(941)430-1597 or 263-42' am applying for She Environmental Acvisory Council. i am re=ired from the DuPo~:t Co., ar%of 26 years, as a Settlor Technical Smecla~Ls~- in Special!Lies and Chemica~ businesses, hac EPA ani OSHA -' Jason and comu!anc~ resu. onsioil iEies for m-? tepartment. ! organ[zed and presented papers a% "ndustry conventions on environmen~a] ~ssues anu have ~ i ~ pub._shed on enviromental issues. I am active in the comm~nir_y serving as e Director cf the Naples · ~a~ Foundat" on. i Aquarium and ~ne Marine Habi~ ~ prepared articles/handouts ~ n ,.~ was a docent .giving lectures including environmental aspects of marine life in the area. Currently I am a boater, fisherman, and a Realtor. I sing with a churh choir and the Philharmonic Choral. I am a member of the Naples Power Squadron. Bill HcKinney, 1898 Mission Drive, Naples FL 34109 592-7124 A~DA Il'EM, NO. / ~ ~/-/' APR 1~ 200t 02/16/00 WED 15:22 FAX ~002 February t6, 2000 THOMAS W. SANSB UR Y 840 River Point Drive Unit 840 Naples, Florida 34102 941 417 2053 ttome 941 403 6800 Office 941 403 6808 Fax Ms. Sue Filson Administrative Assistant Board of County Commissioners Collicr County 3301 Tam/ami Trail Building F - 3rd Floor Naples, FL 34112 Re: Environmental AdvisOry Council Dear Ms.Filson, I have great interest in continuing to serve on the Collier Coumy Environmental Advisory Council. As requested, ][ have included a resume of my education and experience. If you required further' information regarding this matter, please do not hesitate to contact me. Very truly yours, Thomas W. Sansbury 02/16/00 WED 15:22 FAX ~003 THOMAS W. SANSBURY 840 R.ivcx Pomte Dr. Naplcs, Ylox~da 34102 941 403 6800 Office 941 403 6808 Pax E Mail - TOMGATOR (~ ~ol.com EDUCATION University of Florid .a. Crainesville FL Graduated with Bachelor of Sciencc m Building Construct/on, College ofArchitectux¢ - 1968 Florida Atla ntic University .Boca Ralon, FL Caaduated wi~h a Master of Business Major - Management, Minor - .Marketing and Finance - 1972 Wharton School of Business~ Universi _ty of Pennsylvania Philadelphia, PA Executive F.~teusion Progxam in Real Estate Development Management and Real Estate Financing - 1994 ~an Die2o State Universitw San Diego, CA Executive ExTension Program m thc AppLieaticm of~e Computex to Real Estate Development and Constructioxt- 1996 WORK EXPERIENCE 6-97 to Present BARRON COLLIER PARTNERSHIP GREY OAKS DEVELOPMENT CORPORATION 2640 Golden Gate P~xkway Naples, Florida 34104 POS1TIO~Z Pre~iclent & .Gcme. ral Max~ger Grey Oaks Couatry Club, Grey Oaks Development Corp. sad Grey Oaks Realty Corp., Broker of Record, Reports to Collier Board of Directors RESPON.. sran, xTIES Manage the operation of the 2000-Acr~, 3000 Unit, 54 Hole, 200,000 square foot Commercial, 500,000 squarc fool Retail, Ore7 Oaks lmcury ¢ottnt_ry club ¢om.mxmity m Naples, Florida- Corauliant to thc Collier Partnership oI~ various residential and commercial development in Southwest Florida._:_ NO. / () f-~ _ APR l l 2CCC 02/16/00 ~ED 15:22 FAX ~004 $D4 to 8/97 BUENA VISTA HOSPITALITY GROUP & BUENA VISTA GOLF PR.OPERTIF. S 101 East Kennedy Blvd., Stc. 3925 Tampa, FL 33602 POSITION: Dircctor of Development Rc~orted to Michael Frost, C.E.O. KESPONSIBLLITIE S: Golf Operations: Op~ation of the Steclc Canyon Golf & Country Club, a 27 hole Gary Play~ l}acility located in Sim Diego, California. The course will play 68,000 romlds for 1996 and net approximately $1,400,000. Includes budget !arcparation and financial management. Sales & Marketing: The Southern Califorlda sales and marketing operation of a 100 lot custom home commumty, a 60 lot semi custom home community and a 50 lot hillside home COmauLmity. Prices range from $300,000 to $1,000,000 plus. Sales a.nd marJc, ct.~g budget for 1996 of $I,100,000. Land Planning & Governmental Approvals: Maaage the processing of individual plats a.m:l site plams through the many layers of San Diego Comity govmemt. Land Development: Thc development of aa '1.8 hole Jack Nicldau$ signattlre golf course m Rocky Gap, Maryland sad a 18 hole Arthur Hills golf comse for the LPGA in Daytona Beach, Florida and the 18 Hole Robert Trent Jones cottrsc at the Elkborn Resort, San Valley, Idaho. Construction: The coastructson ora 250 room lodge, club amd related cornmercml facilities in Rocky Gap, Maryland, a 200 room hotel and club ia Daytona Beach, Florida and thc rcmovation of a 100 room historic hotel and consla'acticm of a 200,000 square foot xmxed use residential/retail dev¢lopmem m Lakeland, Florida. l~ome Owners Association: EstabLished the Steeie Canyou Golf Eat~te~ Home Owners Assocmtioa and Architectural Committee. '6/92 to 8194 OCEAN CLUB JUPITER, LTl}. & OCEA~N CLUB REALTY. INC, 2000 South A1A, Jupiter, FL POSITION: Prc~ident, Broker, Parmer Reported to Euxopea~ lavestors RESPONSIBILITIES: Land Planning & Governmental Approvals: Supervised the site plan l:a~paration and roanaged the Pl,rmed Unit Development approval process. Financing: Negotiated thc $10,000,000 constnlction loan and administered its repayment. Construction: Managed ~e constru~on ora 6 s~ory, 48 umt, luxury oceanfi-om coudomi~iurn and a square foo~ ~ctail faci~i~. Project was delivered on timc ~cl in budget. Sales & Marketing: .Managed the sales and mzrke~i~g operation a~I acted as ~be real estate ~roker off, cord for the fastest selling condom~,,rn~ in Palm Beach County in 1994 with over $15,000,0~u m~)~,ITEI~ ~ ~oject ~ld om ~in s~ mon~ ofiss~ce of C~cate of~p~. ~. _ /() f~ 02/16/00 ~D 15:23 F,~[ ~005 2/89 to 6/92 IBIS GOLF AND COUNTRY CLUB 8851 Ibis Boulevard West Palm Beach. FL 33412 .POSITION: President, Ibis Development Company Repormd to E Llwyd Eeelestoue, Y~., C.E.O. R_ E~PON S ! B ILl T lES: Property Acq~sitiou: Managed the purchase of 1,800 acre U'act and p~fformed r~t¢ required due diligenee work. Laud Planning & Governmental Approvals: Supervised the pla~ning and governmental approval process of the 2,500-unit commtmity, wkieh contains thr~e Nicklaus golf cour$cs, and 500,000 aquaz~ feet of comm~cial. The process included Plamaed Unit Development approval and annexation rote the City of West Palm Beach. Land Development: Managed the development of the first pha~ of tim infr~tmctare, which included 1,100 Iot~, 3 Nicklaua golf coupes, a sales and information c~nter and a 15-note club site. Construction: Ma.nag:d the eozmtmction ora 40,000 square foot club and 12.000 square foot golfmaxhtenance faeili~_ Sales & Marketing: Set up and managed a 100 lot custom home prog~am wi~h p~ice$ raugiag fxom $500,000 m $I,000,000- 9/83 to 2189 BREAKEILS WEST DEVELOPMENT CORPORATION 9a06 Okeechobee Blvd. We$~ Palm Beach, FL 33411 .POSITION: l:kcsidunt, General Manager & Broker Reported m Stayton Addison, C,£.O. RESPONSIB!I JTIES: Land Planning & Governmental .approvals: Supervised the preparation of the laud plan for the 750 unit Breakers Wcst community wi~ Edward Durell Stone Jr. land planners and managed the governmental approval process through Palm Bea¢t~ County. Sales & Marketing: Managed the sales and marketing operation and acted as broker of record for residential units ranging from $250,000 attached townhome$ to $1,000,000 plus custom homes. Sales staff consisted of six associates and had a volume of $12,000,000 ia 1988. Construction: Mauaged the construction of an 18 hole Joe Lee golf course, custum homea priced from $300,000 to over $1,000,000 and a 35,000 square foot country clab. Home Owners Association: IZstabliahed and managed the umbrella homeow.necs association aJad the individual ¢om~nunity ]lom¢ owncr$ a~$ociafions. AGENDA ITEM n. 02/16/00 WED 15:23 FAX ~006 9~97 to 9/83 FIRST SOUTItERN HOLDINGS, INC. P.O. Box 2850 Smart, FL POSITION: Vice Presidcmt, planning & Developmem Reported to Peter D. ~s, C.E.O. RESP.ONSrBILITIES: Land Planning & Governmental Approvals: Supervised the preparation of the site plan for the 2,400 acre, 5,000 unit Martin Downs development wh/ch contained three golf courses, fifteen tennis coum, a hoteL, a 400,000 square foot shopping ¢~tc'r. I00,000 square foot office park and a 40,000 square foot club. The project rcqulred D~velo.pment of Rcg/onal impact and Flohda Public Service Commi.qsion approvals. Land Development: Managed the installi~ of the infrastructure for thc fixst 2,000 units and the ccmsm:cfion of ~ro 18 hole goLf courses designedby Chuck Axtk_n~m. Construction: Managed the consm~crion of residential units fox attached town/souses to custom homes, a 400,000 square foot shopping center, 400,000 square foot club, a 200 slip .Marina and a 3,000,000 gallon per day utility plant. Sales & Marketing: Managed the sales a~d marketing operation for the Crane Creek and West Villages com~lmifics. Golf Operations: Managed the operation of the 36-hole golf facility md related club functions ~cludiag food and beverage. Iqomc Owners .~tssoeiation: Established and managed the nrnhmlla homeowners a~$ociation and ~h¢ individaxal commumty home owners associations- 1/75 t° 9/79 pGA NATIONAL yENTL'RE, INC. 1675 Palm Beach Lakes Blvd: West palm Beach, FL POSITION: Vice Prc~idcak Land Development Reported to E. Llwyd Ecclcstone Jr., C.E.O. RESPONSII}ILITIlgS: Land _&equi~ition: Worked with fl~e prcsidcat ~ i~g sitos m P~ Beach CounW, peffo~d ~ ~ dJlig~ce on ~e ~te sckc~d and ~g~ the cluing pmc¢~ of~e 2400-a~c si~. ~innndng: Presenmd ~ project to s~l 6nan~g ~urccs and ncg~ated ~e $20,000,000 lam wi~ M~~ Hanover ~nd Planning & GovernmentM Approves: Supe~ed ~ p~pa~fion of ~e l~d pl~ for ~e 2,400 a~e, 6,0~ ~i~ P~A Nafio~ com~n~W whi~ con. ed fo~ golf comes, a S30 ~m homI, 2~,000 ~u~e foot club, 20.,000 aquae foot head ~ bufld~g ~or ~e PGA of~c~ 200,000 aqu~ foot O~¢e P~k 500,000 aqu~ foot ret~ ¢~ter. Managed ~c gov~t ap~v~ p~ccsa, w~ch Mcl~cd Dcvelopm~t ofR~o~l ~t and ~fion m~ the CiW of Pa~ O~dena. Land Develop~t: M~ged ~¢ ~llafion of~e ~c~re for ~c ~st 3,000 ~ ~d ~c ¢~fion of_lc go~ gourses one ~s~cd ~ach by Tom F~o, ~orgc F~io, Arnold Pa~, ~ ;ack M~ag~ fl~e e~cfion ora 350-~om hotel ~ a 30~000 sq~c foot coun~ club~ PROFESSION~ LICENSES 02/16/00 ~ED 15:23 FA2[ ~007 UnlL~ted General Con~ractor, State of Flor/da Real Estate Broker, State of Florida Community Association Manager, State of Florida ~APPOINTEDfELECT. ED. POSITIONS Chairman of the Environmental Regulation Commission, State of Florida, appointed by the Governor Chairman ol the Palm Bench County School Board, Elected at large in Palm Bench County Founding Member nnd Chairman of the Palm Beach County Artificial Reef Committee, appointed by the Palm Beach County Commission Member and Ch.~irman of the Palm Beach County Fire Rescue Advisory Committee, appointed by the Palm Beach County Commission Member of the Collier County Environmental Advisory Council, appointed by the Collier co u.n t"y Commission ~ROFESSIONAL FRATE .I~NAL & C~C ORGANIZATIONS Asso~d ~1 C~tracrors of Amc~ca National A~oc~don of Home Build~s Urb~ L~ ~c~ ~d Deve~opm~t Assoc~tion Palm Beach Co~W ~a Pl~nmg Bo~d National A~ubon Socie~ Is~c W~ton L~a~c C'~ve~iW of Flo~ ~nm.i Associ~on ~pM Tau Omega United S~m~ GolfAss~iagon National Building ~s~ ~sociatim~ of Seu~ Ca~o~a Colli~ B~g ~dus~ Assoc~on Naples ~a Bo~d HONORS Outstanding Yotmg Men in America 1977, Environmentally Conscientious Developer, 1980 by t,~ac Walton League palm Beach County !-lomeBuilders, Outstanding Country Club Community, 1990, Who's Who m Executives and Professionals 1.998. PUBLICATIONS The. Aooroval Process, Recre. a~O.n and Resort Dcvelopmqnt Ex-nerience: PGA National - Urban Land l~stitutc, 1993 The Counp3~ Club Community Dev. elonment E~_ clience, ~amn Downs: American Land Development Assomation, 1988. A1).DITiONAL SKILLS. Full working knowledge of Windows 95 inclueling Excel, CPM Scheduler. Auto Cad mid various other computer applications. AGENDA ITEM so. I¢ 23,% 02.'16/00 RED 15:24 FAX ~008 REFERENCES Mr. Jacob M. Var'a, Esq. Partner Fowler White, P.A. 215 S. Mora'oc St. Tallahassee, FL 32301 Phone: (850) 222-2300 Mr. Jack Nicldau$ Chairman Golden Bear Enterprises Golden Bear Plaza 11780 U.S. Highway gl North Palm Beach, FL 33408 Phone: (561) 626-3900 Honorable Bruce W. Jacobus Judge of the Circuit Court Brevaxd County Brevard County Court House Melbourne Annex Melboume~ Florida (407) 952 4691 Mr. Scott Price, Esq. Partner Kelly, Price, Passidomo, Sicket and Scalese, P.A. 2640 Golden Gate Paxkway Naples, FL 34105 (94]) 261 3453 Mr. E. Llwyd Ecclestone, Jr. Developer and Owncr PGA National Resort P.O. Box 3267 West Palm Beach, Florida (561) 686 2660 6 AGENDA ITEM NO. /tTM' ~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) T° THE BLACK AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint members to the Black Affairs Advisory Board. CONSIDERATIONS: This 9 member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. A list of the current membership is included in the backup. The following 4 members have resigned from the Black Affairs Advisory Board leaving vacancies: Audre Levy resigned May 5, 1999 Vivienne Johnson Niehus resigned March 23, 2000 Robert C. Bennett - did not renew on June 25, 1999 Eric E. Baird resigned May 3, 1999 A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. LaVerne C, Franklin N/a 3 Yes None Marian Thompson N/a 3 Yes None Catherine Askew Quitto N/a 2 Yes None Alstork E. Moore N/a 5 Yes None COMMITTEE RECOMMENDATION: Mr. A1 Moore (Due to a lack of quorum, recommendations are not available for the remaining 3 applicants.) FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint members to the Black Affairs Advisory Board, 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 11, 2000 filson_s Su~3ject: dunnuck_j Friday, March 24, 2000 4:05 PM filson s BAAB- Hi Sue, Good afternoon. I wanted to pass along that the Black Affairs Advisory Board unanimously voted to recommend Mr. Al Moore to BAAB. They are requesting this recommendation to be heard at the April 11,2000 meeting. Let me know if you need a copy of his resume'. Thanks, JD Black Affairs Advisory Board Work Phone Name Home Phone Rufus H. Watson - e'~"("'~ 403-0355 5501 Rattlesnake Hammock Rd., #208 352-2782 Naples, FL 34113 District: 3 Category: Appt'd DateRe-appt 12/02/97 Exp. Date 2ndEaT~Date 06/25/01 Audre Levy 3140 LaCosta Circle, Unit 904 Naples, FL 34105 District: 2 Category: RESIGNED 5/5/99 Vivienne Johnson Niehaus - cc 1515 Gulfstar Drive South Naples, FL 34112 District: 4 Category: 732-3720 793-3399 02/09/99 11/05/96 O7/28/98 06/25/01 06/25/98 06/25/02 James A. Drayton 884 Briarwood Boulevard Naples, FL 34104 District: 3 Category: 643-3332 263-0622 10/12/99 06/25/03 Rol~rt C. Be~ett 7065X),e~Circle, # 103 Cat~gory: D~OT RENEW Gerry Moore 3390 Mystic River Drive Naples, FL 34120 District: 5 Category: 352-0219 352-6357 01/10/95 12/14/99 06/25/99 06/25/03 T~rm 2nd Term 4 Years 2 Years 2 Years 4 Years 4 Years 4 Years 4 Years Thursday, December 16, 1999 'Il Puge 1 of 2 Black Affairs Advisory Board Nal'llE Albert Wahbey 555 Bowline Drive Naples, FL 34102 District: 4 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 594-9192 11/03/98 06/25/02 4 Years Fitzgerald A. Frater 2011 River Reach Drive, Apt. 254 Naples, FL 34104 District: 4 Category: 591-0133 09/23/97 06/25/01 4 Years 263-9171 Eric E. Baird 5784 Deauville Lake Circle, #B 104 Naples, FL 34112 District: 1 Category: RESIGNED 5/3/99 263-5501 10/08/96 06/25/98 2 Years 793-8604 0728/98 06/25/02 4 Years This 9 member board was created on May 14, 1991, by Ord No. 91-38 & 91-77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minorities and Collier County Government and provide periodic reports to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91-77 to increase membership from 7 to 9 member. Terms are 4 years. FL STAT: none Staff: P(.h~.T;,,d-.;;, ;,,,p~,ui F== Coord;nator:. 403 2'.00-. Thursday, December 16, 1999 Page 2 of 2 ~OM ~ AL~RY M~ FAX NO. ~ 9~i-~-~-~B8 F~_b. ~I ~ 10.'~M ~ Alstork E. I~come a memt3er of the BAAB Ed.ratio. 1999 - 2000 ACG Pre~kJeat amd cLr'o ~ncoq~,~ of Corpo~ Realty INC NAPLES FL 1990-1999 War4ea in all asi0ectz of management and interfac, ad with ~ pu~tic, ~ovemment agenc~e~ (d~mestic arm international) ar~ ~ i~ a prc~sskc, nal ~ ~us~nes~ spt,ere l~J0- 1995 United Airlines Wasl~ngton, D.C. General Manager of Ur',ted°s Nationa~ Airport Coordinator of the Transition Team to HUla ~tatus of lhe Wast"~gton 13ulles S~c~:~.~e Baggage Opera~or~s at ~e Wast~ng~n Dulles Airport 1993 -1997 Long & ~ Reaitczs ReaJt~r - On a Tcp Pr~uC~ng Team Hemclon, VA 1~t7-1999 Mo~re Reat Estal~ Fairfa~ VA Co-owr~r 969 - 1973 Amerfcan UniversitY BS Ter~'u~ology of Management Washington, D.C. Chairman Bethel AME Church Men on Men Organization - Naples Chairman cfi NAACP t4~_ ?_,_r~g Committee - C, allier Co~/Brar~ All'dS ~ Presiaential Unit Citation - United States Air Fca-ce Five Awards of Merit with United Airlines Special Ac~evement Awarcl United Airtines Outstanding & Declicatecl S®rvice'Awarcl form Heritage Church - vA i NO. Fishing & Computers MEMORANDUM DATE: Febmary7,2000 TO: FROM: Vinell Hills, Elections Office ,/Of) Sue Filson, Administrative Assistant~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT LaVeme C. Franklin 450 Henley Drive Naples, FL 34104 Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 Thank you for your help. MEMORANDUM DATE: TO: FROM: March 6, 2000 · Vinell Hills, Elections Office Sue Filson, Administrative Assis~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Catherine Askew Quitto ~ ~'- [ ,c .3, 340 Wilson BoulevardNorth · Naples, FL 34120 Thank you for your help. MEMORANDUM DATE: TO: FROM: March 6, 2000 John Dunnuck, Assistant to the County~-'ni~strator Sue Filson, Administrative Assist tan~ Board of County Commissioners Black Affairs Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Catherine Askew Quitto 340 Wilson Boulevard North Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and 1 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 FROM FAX NO. : Feb. 14 2000 12:5?PM Pi Naples, FL 34120 ~41 304-1218 FAX COVER SHEET SEND TO FROM : FAX NO. : F~b. 14 ~000 i2:58PM PE F~?bruary !4, 2000 Cathor/ne Askew Qu/rto 340 Wilson Blvd North Naples, FI ~4120 Dear Sir/Ma~ Your advertisement for the The Black Affairs Advisory Board caught my attention. Th/s position appeal strongly to me. I believe my exper/ence and solid record of achievement make mc an ideal candidate for the Advisory Board position. I have over 8 years of professional teaching experience, with a five.year ~ base established with Collier County school system. As my enclosed resume indicates, 1 have exlemive educational ami counseling experiences. My exper/ence includes exceptional people skills and psychological training. I believe that I am particularly well qualified for this position. I would appreciate the opportunity to d/scuss my abilities in more depth, and I am available for an interview at your earliest convenience. Please call me at (941) 304-1218 before 6 p.m. if you n~ed further information about my $inc~rely,~ / FROM : FAX NO. : Feb. 14 2000 12:58PM P3 Home Phone (941) 304-12111 Email cquitto(~ol.com 340 Wilson Blvd N Naples, Fl 34109 PROFESSIONAL OBJECTIVE To use professional skills gained through education and practical experience toward a challenging position with the school system, hospital or related or~osni~ation where students, and clients are helped to manage personality disorders m a psychological way. SUMMARY OF TRAINING AND SKILLS * Extensive educational and counseling cxt~riences. * Highly compassionate nature. * F~cep~ional people skills. * Psychological and spiritual training. SUMMARY OF PROFESSIONAL EXPERIENCES 7/99-Present Charter Glade Behavioral Mental Health Hospital 3550 Colonial Blvd. Ft Myers, Fl 39906 Position: Mental Health Technician Responsl~oilities: work closely with nurses in assisting the patients in activities, teach psychoeducational groups, do EKC. rs, charting, murine precaution checks on patients, hospitals r~m.~, and assist patients in daily living skills. Worked in the adol~scence~chfldren unit, adults unit, & adults/drug addition unit, and geriatric un/t (part-time) FROM : FaX NO. ~ F~b. 14 2000 8/94- 3/99 Collier Count~ Public School 3710 Est~y Ave. Naples, F1 Immokalee Middle School and Lake Tmfford Elem~tary Position: Teacher Respons~3ilifies: Teaching special education class for emotional disturbed, educable mentally handic~ and severely learning disabled children in ¢leme~.!~ry and middle school. 8/95- 6/98 9/94-8/95 12/92-7/94 Bethune Education Center Adull Education 614 S 5th Street Imrno~ee, FI Responsibilitiea: Teaching adults in a literacy program reading, writing and conversation English. Also, the program prepares the adults to take the US... citizen test and GED test (part-time), David Lawrence Center Mental Health Center 6075 Golden Gate Parkway Naples, Ft 3399 Responsibility Mental Health Psyche- Tech. Smmmring schedule, responm'ble for ~tients attending groups,, taking specimens, drag pt'of'des, admit and discharg~ patients, gelXing reports and reporting to RN, and doing Master treatmem Plan~, intervention records and attending meetings (par~time-on-call) Bethphage Mission 4530 S. Sheridan Tulsa, OK Position: Mental Health Technician Responsibilities: assisting individuals with developmental challenges toward individuality w/thin the comm~mity setting. Taking students to schools, parks, and to their workshops. FROM ; FRX NO. : F~b. 14 2000 !2:59PM P5 Laureate Psychiatric Clinic Hospital 6655 South Yale Avenue Tulsa, OK 74136 Position: Psyche T~ch~ician Respons~ilities: Patients focus, swucttmng schedules, responsible for patients attending groups, getting reports, reporting to RNs, doing · master trealmcnt plans, intervention records and attending unit me~tings. 9/89-9/91 9/82-6/85 S.A.F.E. Ministries 5237 South Peoria Tulsa, OK 74105 Counselor: Individual and group eoumelmg and individual co, m~ling for p~rsons with Ali)S, family members who are impacted and concerned friends. Group counseling dealing with crisis intervention, stress, and depression, s~xual problems and drug and alcohol. New York City Board of Education 65 Court Street Brooklyn, NY Position: Teacher Responsibilities: Teacher special education/language taught emotionally distnrb~ children in elementary school, taught language Arts in middle school, and did some substitute teaching in high school 10/80-8/82 hie. mai Revenue Servi~ 120 Chumh Street New York, NY Position: Taxpayer Service/Consultant Respo~ibiliti~s: Answered phones as telephone operator giv/ng information on taxes and information on tax forms. ~0~1 : ~× NO. : ~eb. 1~ 2000 Ol:00PM P6 EDUCATION June 2000 Nova Universily Ft Myers, Florida Working mwaxd an Educational Specia/ist degree in Learning I~satrilities/Reading May 1993 Oral Robem University Tulsa, Oklahoma Master of Arts degre~ in Cotmscliog Master of Arts degree in Practical Theology May 1983 Teachers College of Columbia University New York, New York Eaxned 30 credits in Special education toward certification June 1980 Mc'rcy College Dobbs Fan'y, New York Bachelor of Arts degree in Psychology REFERENCES will be furnished ~pon rt, quest MEMORANDUM DATE: TO: FROM: February 7, 2000 John Dunnuck, Assistant to the Coun ~/inistrator Sue Filson, Administrative Assist~t/ff'.--"J Board of County Commissioners Black Affairs Advisory Board As you know, we currentlv 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: LaVerne C. Franklin 450 Henley Drive Naples, FL 34104 Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisor3, committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have an), questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Mr. Tim Constantine, Chair Collier County Commissioner Collier County Government Complex A. Turner Building 3301Tamiami Trail East Naples, FL 34112 January 28, 2000 Dear Mr. Constantine, I am submitting a brief resume which should qualify me as a member on the Black Advisory Board. LaVerne C. Franklin 450 Henley Drive Naples, FL 34104 941-352-2868 Birthdate: March 29, 1940 Teacher, Retired Chief Warrant Officer Three, CW3 U.S.A.R present - 1974 Education: MEd Affiliations: National Association For The Advancement Of Colored People-Executive Officer American Associatian of University Women ~nity.-Faith Missionary Baptist Church Collier County School Board Diversity Task Force Superintendent's Accountability Task Force Founder/Project REACH 'YES KIDS'-after school program Married/mother of two Collier County property owner - 1993 Hobbies: Seamstress, Gardener, Golfer, Interior Designer, Arts and Crafter Thank you for your consideration. Sincerely yours LaVerne C. Franklin 284 Sabal Lake Drive Naples, FI. 34104 941-348-3335 Januau,'28,2000 Dear Ms. Filson: I am submitting mx, resume to be considered for a seat on the Black Affairs Advisory Board. I have moved to Naples from Philadelphia, Pa. where I was red~ active in the communiD'. In my new ciW I would like to become an active in the communities affairs. I am a dedicated worker and I would be an asset to this board. Thank you for your consideration. Sincerely, Marian Thompson / MARIAN THOMPSON 284 SABAL LAKE DRIVE NAPLES, FL. 34104 941-348-3335 Education: Present position: P~ior position: Bachelor of Business Administration Temple Universi~', 1972 Philadelphia, Pa. 19121 Part time accountant at Fun Time Nursery. 1010 5'h Avenue N. Naples, Fl. 34102 March 1998 to Present Retired substitute school teacher for the School District of Philadelphia October 1992 to March 1998 Past position: Interest: Hobbies: Retired auditor for the Ciw of Philadelphia City Controllers' Office March 1956 to April 1992 Education of children, consulting for small businesses, and community issues Tennis. dancing, reading and sewing OBJEX: To appoint 1 member to serve the remainder of a vacant term, expiring on October 13, 2001 on the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: This 5 member committee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (f/k/a GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location'of residence within specific areas (phases) of the Estates. 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 interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Jozsef Kelemen Unit 104, Phase IV [5 [Yes I none COMMITTEE RECOMMENDATION: JozsefKelemen FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint one member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 11, 2000 APR 1 2 00 Memorandum To: From: Dat~: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Sandra Taylor, Director Real Property Management Depa~,ent March 28, 2000 Golden Gate Estates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their March 27, 2000 meeting, unanimously recommended the Board of County Commissioners accept the application of Mr. Jozsef Kelemen for membership to the Committee. Mr. Kelemen resides within Golden Gate Estates, Unit 104, (Phase IV). Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. Real Property Management Department Golden Gate Estates Land Trust Committee Matthew F. Hudson 321 13th Street, S.W. Naples, FL 34117 District: 5 Category: Phase I Work Phone Appt'd E.vp. Date Home Phone DateRe-appt 2ndsYacpDate 353-4333 05/11/93 10/13/95 4~-~072 10/12/99 10/13/03 Stephen B. Greenberg 2780 8th Street, N.W. Naples, FL 34120 Distri~: 5 Category: Phase IH 2 Years 4 Years Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 Distr.: 5 Category: Phase I I0/11/94 10/13/98 4 Years 455-1204 10/13/98 10/13/02 4 Years 03/10/98 10/13/98 8 months 455-8318 10/13/98 10/13/02 4 Years 09/17/96 10/13/97 1 Year 09/23/97 10/13/01 4 Years Lillian Jouxdan 5630 26th Avenue, S.W. 353-5786 Naples, FL 34116 District: 5 Category: Phase I - RESIGNED 12/15/97 597-8774 10/10/95 I0/I3/99 4 Years 353-5713 10/12/99 10/13/03 4 Years Charles Purcell VanGelder, I 760 7th SWeet, S.W. Naples, FL 34117 District: 5 Category: Phase I . P~ge I o]'2 APR 1 Golden Gate Estates Land Trust Committee Work Pkone Appt'd Exp. Date Term Natne Home Pkone DaW. R~t 2ndE~Dwlz 2nd Term This 5 member committee was created by Ord. No. 87-48, amended by Ord. No. 87-98 and 94- 40 to carry out the requirements, conditions and various provisions of an Agreement retating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties, Inc. (f/cEa GAC Properties, Inc.) Applicants must reside within the subdivision known as "Golden Gate Estates." Members must reside within 1 of the 5 phases within the Golden Gate Estates ama. Terms are 4 years ST~4T: [25.0] Sandy Taylor, Real Property Director. 774-8991 APR 1 ~ 2~0 I DATE: TO: FROM: MEMORANDUM ECEI tE March 15, 2000 ~av~ og County CotttmL~s toners Vinell Hills, Elections Office Sue Filson, Administrative Assi~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG ESTATES LAND TRUST COMMITTEE COMMISSION DISTRICT Jozsef Kelemen 7071 Miller Boulevard P.O. Box 9715 Naples, FL 33101-9715 Thank you for your help. AP2 il ~,~ MEMORANDUM DATE: TO: FROM: March 15, 2000 Sandra Taylor, Real Property Director ~ Sue Filson, Administrative Assistgnt.,~'~ I Board of County Commissioners '<d ~ Golden Gate Estates Land Trust Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Jozsef Kelemen 7071 Miller Boulevard P.O. Box 9715 Naples, FL 33101-9715 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time~frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Collier County Board of County Commissioners 3301 Tiamiami Tr. E Naples FI 34112 Dear Sir/Madam: This short resume' is in regards to the position of Advisor to the Commissioner of Distdct 5, Golden Gate Estates South. I have been a resident at 7071 Miller Blvd. since 1984 when I moved here bought this lot and built my home. I have been a resident of Florida since 1984, after a serious car accident in Chicago. VVhile living in Chicago I worked at the Phillip Morris Corp as a Tool & Die maker. I have been a citizen of the United States since 1981 My odginal profession is a Hydro Meteorologist. I graduated in 1965 in Romania. I worked as a meteorologist at the airport in Romania. Having lived in this area for the last 16 years, my knowledge of this area, I feel, could be of great service to you. It would be with great pleasure that I would be willing to assist you. Some personal information: Name: Jozsef Kelemen SS#: 110-62-6386 Birthdate: 06/06/35 Arrival in US: 06/13/79 Address: Phone #: 7071 Miller Blvd. (P. O. Box 9715) Naples, FI 3.".302 ~ ?'! ~ / - c~ ? i,~" (941) 455-3434 If more information is needed, or if you have any questions, please feel free to contact me at the above address or phone #. I thank you for your time and attention in this matter. Sincerely: -"-7 <P" Jozsef Kelemen NO. APR il 2~S0 EXECUTIVE SUMMARY APPOINTMENT oF ~MBER(S) TO THE FOREST LAKES ROADWAY 8,: DRAINAGE ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on April 21, 2004 on the Forest Lakes Roadway & Drainage Advisory Committee. CONSIDERATIONS: This 5 member committee was created on March 10, 1992 by Ord. 92- 16 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in Ord. 91-107. They also prepare and recommend an itemized budget, work programs and priorities. Members must reside within the Forest Lakes Roadway and Drainage MSTU. A list of the current membership is included in the backup. The term for Roger Somerville will expire on April 21, 2000. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. tRoger Somerville- re-appt. { N/a R--~T-~ ~a~- N/a  None None COMMITTEE RECOMMENDATION: Roger Somerville NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to availaNe records, Roger Somerville has served 2 four-year terms. Should the Board wish to re-appoint Mr. Somerville, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, 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 11, 2000 filson s Subject: kurtz_g Tuesday, March 28, 2000 10:47 AM filson s Fores Lakes MSTU Advisory Committee Hi Sue. The recommendation for appointment to the advisory committee for the Forest Lakes Roadway and Drainage MSTU is Mr. Roger L. Somerville. The advisory committee understands that Mr. Somerville has served 2 terms already and that there is a 2 term limit. However, the advisory committee has asked that this limit be waved due to Mr. Somerville's extensive experience and knowledge of the Forest Lake Development. Mr. Somerville stated that he would definitely like a reapointment, but that someone else should be chairman. Committee members agreed and recomended that Robert Jones be the new chairman. Please call me if you have any questions. Thanks, Jerry Kurtz Memorandum To-' , From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners JeffBibby, P.E., Director PWED~e'~~~/"i'~ March 20, 2000 Forest Lakes Roadway and Drainage MSTU Engineering Project Manager Please be advised the engineering management of the above referenced project is assigned to Mr. Jerry Kurtz as of March 21, 2000. This change in project management is due to PWED internal job reassignments. Robert Wiley (current project manager) will assist Jerry as necessary to ensure a smooth transition. If you have any questions please call me at 774-8192. CC: Rich Hellriegel Robert Wiley Jerry Kurtz Public Works Engineering Forest Lakes Roadway & Drainage Advisory Committee ~Forl~ Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Andrew H. Reiss 649-4900 06/08/99 04/21/03 4 Years 141 Lyonia Lane 435-0256 Naples, FL 34105 District: 2 Category: William L. Seabury 263-3643 04/25/95 04/21/99 4 Years .50l Forest Lakes Blvd., #205 2634090 6/8/99 04/21/03 4 Years Naples, FL 34105 District: 2 Category: Robert H. Jones 1002 Forest Lakes Drive Naples, FL 34105 District: 2 Category: 649-8692 06/08/99 04/21/02 3 Years Roger Somerville 190 Turtle Lake Court, #210 Naples, FL 34105 District: 2 Category: 04/21/92 04/21/96 4 Years 649-7157 6/25/96 04/21/00 4 Years Thomas P. Watts 499 Forest Lakes Blvd., #103 Naples, FL 34105 District: 2 Category: 2634555 06/25/96 04/21/98 2 Years 5/12/98 04/21/02 4 Years This 5 member committee was created on 03/10/92 by Ord. No. 92-16 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in County Ord. 91-107. The will also prepare and recommend an itemized, budget, work programs and priorities. Applicants must reside within the Forest Lakes Roadway & Drainage MSTU. Terms are 4 years. FI. STAT, 125 01 . Cf: 14&,~-'rRuber,.~r~Cj~c ..... ~;cr ',',~: 774-8192 Wedn~, Ju e 09, 1999 P~e I of I MEMORANDUM DATE: TO: FROM: March 6, 2000 Vinell Hills, Elections Office /q~ Sue Filson, Administrative Assist~ Board of County Commissioners oo M R-7 IMIO: 37 · u;-kRVISI;P ~]F CO[ [.i£F; C~: . Fi, Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. FOREST LAKES ADVISORY COMMITTEE COMMISSION DISTRICT Robert Cunningham 1100 Forest lakes Boulevard Naples, FL 34105 Roger L. Somerville 190 Turtle Lake Court, #210 Naples, FL 34105 Thank you for your help. MEMORANDUM DATE: TO: FROM: March 6, 2000 Robert C. Wiley, Project Manager PWED Sue Filson, Administrative Assist Board of County Commissioners '"-' Forest Lakes Roadway & Drainage Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert Cunningham 1100 Forest lakes Boulevard Naples, FL 34105 Roger L. Somerville 190 Turtle Lake Court, #210 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. 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 0o ~o ~o l'rl > o0 ~0 02.1Z7t200g 09:5~ ~4~4308070 CUNNZNGH~N P~GE 0Z Sue Filson, Collier County Commission 3301 U.S.41 E., Naples, Fl. 34112~''''~' Attention: Advisory Committee, Forest Lakes Roadway Drainage. My name is Robert Cunningham and I am interested in applying for the position that is opening up in the Forest Lakes Drainage Committee. I have been a resident in Collier County since 1976 and have recently purchased a home in Forest Lakes. I have been employed as a Sales Representative for National Distributing Co. for 10 years and work in the Naples/Marco Is. market. I recently lost my wife of 13 years and have a 11 year old son who is active in both Soccer and Little League Baseball which I help coach. I would like to take an active role in help shaping the way the Forest Lakes Community is developed. Sincerly, Robert Cunningham 1100 Forest Lakes Blvd Naples, FI. 34105 Florida Fish and Wildlife Conservation Commission Jame~ L. "Jamie" Adams, Jr. Barbara C. Barah David K. Meehan JuU¢ IL Morris Si. Peterdmr~ Snruota ALLAN L. EGBERT, lrn. D., Extnmtlve lYa'eetor VICTOR J, IIELLER, As~stant Executive lYtrectoe Qulnton L. Hedgepeth, DDS H.A. "Herky" Huffman Thomas B. Kibler Lakeland Tony Moss Edwin P. Roberts, DC John D. Rood Miami Pensacola j ack~nvffie F/lAN K MONTALBANO, Director TIMOTHY A. BREAULT, Aaststanl Director DIVISION OF WILDLIFE 620 Sout~ M~ddlan Street Tnllalm~ee, FL 3Z3~9.1600 www.stat~.fl.tm~wC (850) 48a-34~1 TDD (850) 488-9542 March 29, 2000 Hon. Timothy J. Constantine, Chairman Collier County Board of County Commissioners 3301 E. Tamimni Trail Naples, FL 34112 Dear Chairman Constantine: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Wildlife will be conducting a public hearing in coordination with the Okaloacoochee Slough Wildlife Management Area Management Advisory Group on Tuesday, April 25, 2000 at 7:00 PM. The purpose of this meeting will be to present to the public management priorities and intent for the Okaloacoochee Slough Wildlife Management Area, located in Hendry and Collier counties near La. Belle. In compliance with subsection 259.032(10)(b), Florida Statutes, the FWC requests that an information item be placed on the Collier County Commission agenda for Tuesday, April 11, 2000, to announce the FWC public hearing for the Okaloacoochce Slough WMA. Enclosed is a copy of subsection 259.032(10)(b), Horida Statutes and a copy of the public hearing notice. If you have any questions or concerns, please call me at (850) 414-1846. Your consideration and attention to this matter are greatly appreciated. Enclosures W'/I 16(YIJ.34/ WI.X} 8 -$-2,Otaloacoo~a~.~k~shWM A Sincerely, Leo L. Minasian, Jr. Bureau of Wildlife Management ~ AGENDA iTEM- ! I/'5 ........ /"-,.. 85/88/1995__ __ ._ _ .28:23. 8589211847 GFC BLOXHAM BLDG. PAGE 82 PUBLIC NOTICE The Florida Fish and Wildlife Conservation Commission (FWC) announces a PUBLIC HEARING for the Okaloacoochee SloughWildlife Management Area, located near LaBelle in Hendry and Collier counties. DATE AND TIME: Tuesday, April 25, 2000 7:00 P.M. LOCATION: Dallas B. Townsend Agrictflturxl Building Main Room 1085 Pratt Boulevard LaBelle, Florida 33935 PURPOSE: To receive public comments regarding considerations for the FWC's five-year Conceptual Management Plan (CMP) for the Okaloacoochee Slough Wildlife Management Area. Participants in this hearing should understand that the purpose for this hearing does not include the opportunity to discuss public use and/or hunting regulations for Okaloacoochee Slough Wildlife Management Area. There is a separate public process for this purpose. This hearing is designed exclusively for discussion of the draft management plan. A cop), o£the OkMoacoochee Slough Wildlife ,~ffan~gement Area Management Prospectus is available upon ~equest [tom the Florida Fish aud Wildlife Conservation Cotnmission, Land Mamagemel~t Plm~zing Section, 620 South Me~qdian Street, Tallaha$see, Floridn $2.399-1600. Telephone: (8.~0) 922-8777. : APR Ii "-"'" The Florida Sta[ute$ GFC BLO×HAN ~LDG. PAGE 83 Page5 of 11 (e) Concurrent with the approval of the acquisition contract pursuant to s. 25_~_.041(3)(c) for any interest in lands, the board of trustees shall designate an agency or agencies to manage such lands and shall evaluate and amend, as appropriate, the management policy statement for the project as provided by s. 259.035, consistent with the purposes for which the lands are acquired. For any fee simple acquisition of a parcel which is or will be leased back for agricultural purposes, or any acquisition of a less-than-fee interest in land that is or will be used for agricultural purposes, the Board of Trustees of the internal . improvement Trust Fund shall first consider having a soil and water conservation district, created pursuant to chapter 582, manage and monitor such Interests. (f) State agencies designated to manage lands acquired under this chapter may contract w~th local governments and soil and water conservation districts to assist In management activities, including the responsibility of being the lead land manager. Such land management contracts may include a provision for the transfer of management funding to the local government or soil and water conservation district from the Conservation and Recreation Lands Trust Fund in an amount adequate for the local government or soil and water conservation district to perform its contractual land management responsibilities and proportionate to its responsibilities, and which otherwise would have been expended by the state agency to manage the property. (g) Immediately following the acquisition of any Ulterest in lands under this chapter, the Department of Environmenta~ Protection, acting on behalf of the board of trustees, may issue to the lead managing entity an interim assignment letter to be effective until the execution of a formal lease. (lO)(a) State, regional, or local governmental agencies or private entities designated to manage lands under this section shall develop and adopt, with the approval of the board of trustees, an individual management plan for each project designed to conserve and protect such lands and their associated natural resources. Private sector involvement in management plan development may be used to expedite the planning process. (b) Individual management plans required by s. 253.03~4(5), for parcels over 160 acres, shall be developed with input from an advisory group. Members of this advisory group shall include, at a minimum, representatives of the lead land managing agency, comanaging entities, local private property owners, the appropriate soil and water conservation district, a local conservation organization, and a local elected official. The advisory group shall conduct at least one public hearing within the .county in which the parcel or project is located. For those parcels or projects that are within more than one county, at least one aneawide public hearing shall be acceptable and the lead managing agency shall Invite a local elected official from each county. The areawlde public hearing shall be held in the county in which the core parcels are located. Notice of such gublic h~tp:~www~eg~state~us~citizen~d~cuments~statutes~Statu~eBr~wser99~index.c.../SEC~32.HT 3/29/00 05/08/1995 20:23 8509211847 The Florida Statutes GFC BLO×HAN BLDG. PAGE ~4 Page 6 of I1 hearing shall be p~sted on the parcel or project desiCnated for management, advertised In a paper of general circulation, and announced at a scheduled meeting of the local governing body before the actual public hearing. The management prospectus required pursuant to paragraph (9)(d) shall be available to the public for a period of 30 days prior to the public hearing. (c) Once a plan is adopted, the managing agency or entity shall update the plan at least every 5 years In a form and manner prescribed by rule of the board of trustees. Such updates, for parcels over 160 acres, shall be developed with Input from an advisory group. Such plans may include transfers of leasehold Interests to appropriate conservation organizations or governmental entities designated by the Land Acquisition and Management Advisory Council or its successor, for uses consistent with the purposes of the organizations and the protection, preservation, conservation, restoration, and proper management of the lands and their resources. Volunteer management assistance Is encouraged, Including, but not limited to, assistance by youths participating in programs sponsored by state or local agencies, by volunteers sponsored by environmental or civic 0rganlzations, and by individuals participating in programs for committed delinquents and adults. (d) For each project for which lands are acquired after July l, 1995, an individual management plan shall be adopted and in place no later than ! year after the essential parcel or parcels identified in the annual Conservation and Recreation Lands report prepared pursuant to S. 259.._035(2)(a) have been acquired. Beginning In fiscal year 1998-1.999, the Department of Environmental Protection shal[ distribute only 75 percent of the acquisition funds to which ~ budget entity or water management district would otherwise be entltled from the Preservation 2000 Trust Fund to any budget entity or any water management district that has more than one-third of Its management plans overdue. (e) Individual management plans shall conform to the appropriate policies and guidelines of the state land management plan and shall Include, but not be limited to: 1_. A statement of the purpose for which the lands were acquired, the projected use or uses as defined in s. _2.5~.034, and the statutory authority for such use or uses. 2. Key management activities necessary to preserve and protect natural resources and restore habitat, and for controlling the spread of normative plants and animals, and for prescribed fire and other appropriate resource management activities. 3..A specific description of how the managing agency ptans to identify, locate, protect, and preserve, or otherwise use fragile, nonrenewable natural and culr. ural r~sources. 4. A priority schedule for conducting management activities, based on the ourDoses for which the lands were acoulred. htt~://www~ev`~state~us/citiz~n/d~cum~nts/statutes/StatuteBr~wser99/mdex~c~./SEC~32.HT 3/29/00 OBJECTIVE: To appoint 4 members to the Citizens Advisory Task Force. The 3 re- appointments will expire on December 31, 2001 and the new appointment representing the minority category will expire on December 31, 2000. CONSIDERATIONS: This 5 member committee obtains community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant Program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 years. A list of the current membership is included in the backup. The terms for David L. Chilcote, II, Vanessa Fitz, and Darlene Koontz expired on December 31, 1999 and there is currently 1 vacancy representing the minority category. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. I Darlene Koontz- reappt. Social Sciences [ 1 Yes CATF Vanessa Fitz - reappt. Community at Large~ 4 Yes CATF & Affordable Housing Commission David Chilcote, II, reappt Community at Large 4 Yes CATF Kathleen C. Herrmann Minority 3 Yes none COMMITTEE RECOMMENDATION: No recommendation due to lack of quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the. recommendation for appointment, appoint 4 members to the Citizens Advisory Task Force, 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 11, 2000 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Susan Alden, HUI Manager ~ March 28, 2000 / Citizens Advisory Task Force In order to expedite the reappointment of three of our current Citizens Advisory Task Force members, I am requesting that we forgo the formal recommendations and ask the County Commissioners to appoint the following candidates to the Citizens Advisory Task Force committee: Darlene Koontz Vanessa Fitz David Chilcote II category - Social Sciences category - Community at Large category - Community at Large In addition to the above-mentioned reappointments, I am also requesting that we forgo the formal recommendations from the Citizens Advisory Task Force and newly-appoint the following candidate: Kathleen C. Hemnann category - Minority These four candidates were the only people who applied for the four vacant positions. Enclosed with this letter you will find a packet of information which includes their resumes, requests for application and an updated Citizens Advisory Task Force membership list. If you have any questions regarding this, please call m~-at ~J~~I'YEJ~-""~ Office of the County Administrator RECELVED Citizens Advisory Task Force Sa~ Kafin E. English ~4..Ce~ 3 ~3'~,°~ 3823 Tamiami Trail East, Suite 421 Naples, FL 34112 District: 4 Category: Minority Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 12/15/98 12/31/00 2 Years 643-9606 Vivian D. Lager 9955 Tamiami Trail, N., Ste. 3 Naples, FL 34108 District: 2 Category: Business Leader 01/10/95 12/31/96 2 Years 593-5061 12/15/98 12/31/00 2 Years Darlene Koontz 4625 Chippendale Drive Naples, FL 34112 District: 1 Category: Social Science 774-5912 02/10/98 12/31/99 2 Years Vanessa Fitz 2460 14th Street, North Naples, FL 34103 District: 4 Category: Community At Large 02/13/96 12/31/97 2 Years 261-0275 2/10/98 12/31/99 2 Years David L. Chilcote, Il 795 Myrtle Terrace Naples, FL 34103 District: 4 Category: Community At Large 05/26/98 12/31/99 2 Years 403-6405 649-1311 This 5 member committee was created on July 24, 1990, by Ordinance 90-60 to obtain community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development BlOCk Grant program from the State of Flodda, Department of Community Affairs.) They direct, oversee and approve 'grant applications; monitor the progress of the grant administration and evaluate the final completionof the grant program. Terms am 2 years. FL STAT: 290.046 Staff.' Greg Mihalic, HUI Director:. 403-2330 Wednesday, Oece. mb~ 16, 19~98 Page 1 of I MEMORANDUM DATE: TO: FROM: December 17, 1999 Vinell Hills, Elections Office~~/~' Sue Filson, Administrative Assis Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITIZENS ADVISORY TASK FORCE COMMISSION DISTRICT Darlene Koontz 4625 Chippendale Drive Naples, FL 34112 Vanessa Fitz 2460 14~h Street North Naples, FL 34103 David Chilcote II 795 Myrtle Terrace Naples, FL 34103 Thank you for your help. DATE: TO: FROM: MEMORANDUM November 22, 1999 Vinetl Hills, Elections Office Sue Filson, Administrative Assistan~azaz~' Board of County Commissioners Voter Registration - Advisory Board Appointmems The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITIZENS ADVISORY TASK FORCE COMMISSION DISTRICT Kathleen C. Herrmann 1768 Wellesley Circle #4 Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: TO: FROM: RE: December 20. 1999 Greg blihalic. HUI Director //~// Sue Filson. Administrative Assista~ Board of County Commissioners Citizens Advisol?' Task Force 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 Ibr 3'our review as tbllows: Darlene Koontz 4625 Chippendale Drive Naples. FL 34112 Vanessa Fitz 2460 14'~' Street North Naples. FL 34103 David Chilcote II 795 Myrtle Terrace 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 summarv for the Board's consideration. Please categorize the applicants in areas of expertise. If you have an.',' questions. please call me at 774-8097. Thank you for your attention to this matter. SF Attachments '-'" : UILL FLS EXEC SERUICES PHONE NO. : 941 774 5881 Dec. 1~ 1995 DT:39Ph~ Pi From: Sue Filson Darlene Koontz 774-3602 1, including this cover sheet. December 10, 1999 ~::rs,.;'ant to our telephone conversation on Wednesday, please accept this fax as my request to be reappointed to The Citizens Advisory Task Force Committee. you need anything further, please do not hesitate to call me. · --CE: --q'S FACSIMILE CONTAINS PP, IVILEGED AND CONFIDENTIAL JNFORMATION INTENDED ONLY FOR THE USE OF THE ',A'v'ED RECIPIENT. tF THE ,~EADEt~ OF THIS TRANSMISSION IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OR 22='/ING OF THIS FACSIMILE IS STRICTLY PI~OHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR. PLEASE :. - --'f' ~S IMMEDIATELY BY TELEPHONE. THANK YOU. If there is a probbem with this transmission, please contact DARLENE KOONT~ VILLAGE FALLS EXECUTIVE SERVICES .5007 Tam~m~ Tr E Nap{eS, Florida 34113 941/'774-5912 Fax: 9~ 1/774-5081 ':-:2-~ 03:55pm From-ARVIDA REALTY SVCS, +~41282834~ T-1T4 P.01/03 F-$ig ~2-02-99 03:55p~ Fr¢~-ARVIDA REALTY SVC$, +94]~E2834g T-]T4 DD2?D$ F-~lO 2,~0 14n. ~ Nc~'~. Vanessa Fitz Increase sales procluc~on through recrt~fing, professional management and motivation. Worx with all team meml3em to share tl3e common goai5 of tBe company which wLII ultimalely provioe greater income potential for all parties. 1993 Sussex Communities iamker ami Sales Manailer · Pehcan Landing anQ Bay Pore5~ · Opened new sales center · Buoget control · Change omem and intenorfinir~,ing - Management of three communities Davt¢l Lawrence Center Property management Property acqui.s~tion Property renovations Leases. rents, renewals, terminations Management of all pemonnet from mantenance to res~oent manager Inc,,eased tile private assets of DLC by over $1.000.000.00 19~9 to present An/iota Realty ~ices Sales and tistmg re~cler~al property --'--t~ ?~om From-ARVIDA REALTY SVCS, Educal3on: ReceiveO tlqe V~sion Award for the David Lawrence Cemer · Appoinfed to me City an= County AffordaHe Housing Comrr~ee · I_~ecl In the HUD Property Manager Directory · Responsible for me $1,~0,000.00 gram rrmnie~ taring me fi~ llousing for persor~ wire cli,Sal:,~ n Ccaier C~n~. · Receded me fi~'st HUD lraning in Collier County for Community Development. · Esmblisllec~ the Rrst CHDO Ccxporafion in Cotlier Country to acquire property in parmersl~p with Co~ier County Housing and Urt)an DevelopmL~nt. Central State University, Edmond, Oklahoma University of Sam Houston, Huntsville, Texas Quadel Property Management, New Hampshire HUD MANAGER, Nashville, Tennessee Community Housing Development, Jacksonville, Florida Healthcare System REC:Ei"/ED 30, 1999 Dear Ms Susan Filfan: Please reconsider me for the position on the Citizen's Ad',lso~/Task Force. I enjoy my a'ork alth ,.Mr. Don - bx'de:k, l've attached mx' resume again for ,,'our files. ',Ci_ndly. Con nunity Home · ,'.t'::,:~ Nonh · Su.Tt: 20i · N.tples Flor](kl 34102 (941) 263-7113. ~-:,:: *',5 ~'-? DAVID LAWRENCE CI:I'ILCOTE n, ACSW, LCSV¢ PROFESSIONAL RESUME 795 Myrtle Terrace Naples, Florida 34103-2814 Home: (941 ) 649-1311 Office: (941 ) 403-6405 Bec'per. (o~ 1 ) 279-8125 Email: chilcote I r~'~mindsprmg.com QUALIFICATIONS SUMMARY Highly seLf-motivated leader with sixteen years of progressively reslxa~ble exl~nence m health and human service Eleven years experience m human service administration Twelve years experience in on-the-job student teaching SMiled in developing o. nd mamlnining cohesive clinical and ndmi~fis~at~ve tern-as Responsible for b~dgets exceeding 7 mil/ion dollars Superb professional speaking capabilities and experience - Well known in the State of Indiana for Frof~siorml .~m'nnars and training sessions Established proficient' in l,,ading and motivating others, IXeducing loyalty and shaping vision for the organization Hard ,,~orkS. ng, d~2icated PROFESSIONAL IHSTORY November 11, 1998 - Present Commtmity Home Sc~r~'mes. lnc, an affiliate organization of Naples Community Hos!mlal Healthcare Syslem ADMINISTRATIVE DIRECTOR Responsible for overall agency basiness of Naples largest £ree. s~tm~dmg home health care compan>, pro~sdmg comprehensive leadc-rship and 151x'trlcial aSSlIFdlY,;eS for succ. essful operation Reduced operating losses by more tk. an 300%. August 1.1998 - November 10, 1998 CcrmmUm~ Home Semces, Inc., an affiliate organization of Naples Commtmity Ho~pital Healthcare System ASSISTANT DIRECTOR/CHeF FINANCIAL OFFICER July 18, 1997 to July 31, 1998 - Community Home Service~, Inc., tm allUiate o£ Naples Commtmity Hospital Healthcare System I~ERFORM_ANCE IMYROVEMENT ASSOC1ATF., Totally respomsible for the development, training and implementation of thc Pm-formance Improvement imtiatives for ~ Naples Commtmits' Hos0ital Healthcare System's homecare company. Assured success Joint Commission Surv%' with commendation during the trienrdal surv~. DAVID LAWRENCE Ct-IXLCOTE~ 1990 to July, 1997- CommUm~ Hospital of Ande~on and Madison CounD', Inc A private, l~on-pro.fil acute care hospital sex-~,mg Madison and surrotmdmg count/es in An&rson_ Indiana CMmC&L SO0.~ WOR~K psy...ctaOTmn~d, Ls'r ctI~F Ex~ctrrw~ omc~ CR~TVmW CE~rrE~ * Responsible for a significant clinical outpatient practice within the hospital setting of psychiatric adolescents, adults and families. Providing daily repot/eat group, individual and family psychotherapy, treatment planning, case management and discharge planning ftmctaons Assisted in the development of and responsible fo~ operations within the Central Diagnosis and Referral proce~,ca, positively impacting savings and reducing tumecessary inpatient adrmssions. Oversaw the resolulacrn of all daily psychiatric crisis calls * Perform [u-house employee assistance for associate~ and family membea's Developed and presented one or two commUmty education seminars per month * Developed and secured $60,000.~ in grants u~ operate and operates Madison Cotmty's largcs~ drug and alcohol prevention program - International Drug Free Youth (1DFY) Trained in all aspects of Continuous Quells' knprovemont, former member of Qua. hW Improvement Council Formerly responsible for adminis'tmt/ve and clinical t~nctions ora 28 bed, 24 staff in- and out-pati~mt dru~ and alcohol U-eatment familia' * Restored positive commUm~, regard and produced profilabl¢ reims dt~ng my first s~x months of leadership * Developed practical and highly functional policies and procedttres, sectmng cemfication I~y the Indiana Stale De-partmcat of Montal Health, Division of Addiction Services, State Depar~en! of Mental ttr.~lth and tile Joint Commission on fha Accreditation of Health Care Organizalions ,, Enhanced staflr tYrofessionalism without sil~ficantty increasing expenses * Secured a referral process through integrated and corroborative networking with Madison County health and human ser,'ic¢-providing agencies 1993 to 1994 - Machson ClUnc, Inc. ..'~ privately ox,ned, for-profit outpatient group practice for chents w/th mental and emotional problems m Anderson and Muncie, Indiana CLI. N ICAL SOCLa. L WOl~ pSYCHOTHERAPIST * Maintained a sntbst~nlml outpatient caseload tn both Munc~e and Anderson 1986 to 1990 - Center tbr Mental Health, Inc. A private non-profit ComprehenSUve Commumty. Mental ttealth Center se~'mg Madison Count3 residenLq MANAGER, ADDICTIONS STRATEGIC BUSINg. S UNIT * Man~. ed a clinical staff or' five, producing over 750 evaluations and/or retakes per year. Adrmmstrative and clinical supernsion of highly intensive outpatient treatrnmat program for addicts and theix fa:robes. Ck.'nc-rated profit W~thin first year of management opportunity * Created internal milieu and pubhc relalions processes that stnnulated mleresl and relk,'rals fi.om once disinterested employee ass~sta.nce program represeatat~ves * Conducted many pmfessioual training seminars, wrote mad published articles in local papers:, provided tbrmal and informal presentataons to a uade variety of audience~ , Chaired Chemical People Task Force, organizing 30 ¢ommnnity leaders in the development of a major grant apphcation raising $350,000.~ for drug and alcohol prevention,, u'eatment and justice programs. Responsible for the most sucx:essfial anti-drug campaign since task force inception - Chaired Addictions Special Interest Group of Indiana Council of Cornmtllaity Merltal Health Centers * Re.sponsibte for organizing 30 melltal health center addiction progra~ directors allowing a forum for input into legislative action, information sharing and unproving efficacy oflxe, atment DAVID LAWRENCE CHILCOTEn EDUCATION * Masters in Social Work. Indiana Umvcrsi~,, Indianapolis, Indiana. 1983 * Bachelors in Marital Counseling / Psycholo~',/mderson College, Andersom Indiana. 1979 PROFESSIONAL MEMBERSHIPS / AFFILIATIONS / HONORS National Association of Social Workers, Academy of Certified Social Workers Valparaiso Umversit-/- Past Adjunct Professor, Social Work Departm~mt for Social Work Internships Ball State University. - Past Adjunct Professor, Social Work Department for Social Work tnternstups Ball State Univer~i~' - Past Professor, PsycholoD' Depar~tnk Two years Anderson umversity - Past Adjunct Pmft~sor, Social Work Department tbr Social Work Intemskips Indiana Umversit2,., - Past Adjunct l:h'ofessor, Social Work Depm"tment for Social Work Internships International Management Council - Former Past President Mayors Commission on Domestic Violence - Pat C2mirmam Past Vice Cha/rman. Past Treasurer Chermcal People Task Force - Pasl Co-chair Just Say No Clubs of Madison Count}.' - Para President Alterrdtlives. Incorporated - Pas~ Secreta~' to the Board Warner Press - Author, Voices cf Hope; Setf-P'abhshed - t!elp Me Help Myself Anderson CormmUmty' Schools - Specml Populauon.s ConmUttee Member PROFESSIONAL REFERENCES Available upon interview MEMORANDUM DATE. TO: FROM: November '~'~ 1999 Greo. q Mihalic. HUI Director t~t~earFdi loS~ nc'OAu nd~v i~ioS tr atmmii~i oAnS~}~t~t~' Citizens Advisory. Task Force As you knox',,, 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 consideration. I have attached the resumes received for your review as follows: Kathleen C. Herrmann 1768 Wellesley Circle #4 Naples. FL 34116 Please let me know. in v, Titing. the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summao' for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions. please call me at 774-8097. Thank you for >'our attention to this matter, SF Attaclunents Shelter for Abused Women PO. Box 10102, Naples. FL 34101 941.775.3862 941 .--.5.30('~ 1 9-tl -,-5.1 ll) l 2 ~ Hour ¢ ~q~i~ I.mc v,~.vv. ~L p csshc]icr r~ November 8, 1999 Collier County Board of Commissioners 3301 East Tamiami Trail Naples. FL 34112 To Whom It May Concern: Enclosed is a copy of my brief resume which I submit in application for the Citizen's Advisory Task Force on Community Development Block Grants. I have extensive experience in creating grant guidelines (request for proposals) as well as writing grants requesting funding. I have been in non-profit management for nearly twenty years. I've been on several boards of directors and been the President of two organizations. The attached resume is focused on my experience in the domestic violence field. However. I was also the Executive Director of the March of Dimes for five years. At that organization, I created a grant application, process for disseminating the request for proposal, an evaluation process and grant monitoring process. I have also served as the Executive Director of the MS Society and the Leukemia Society. I was on the board of the Tampa Neighborhood Health Service, the Center Against Spouse Abuse and the Florida Coalition Against Domestic Violence. I am very familiar with community block grant funds and would like to serve on the Citizen's Advisory Task Force. Thank you for your consideration of my application. Very. Sincerely, Kathleen C. Herrmann, CEO KATHLEEN C. HERRMANN 1768 Wellesley Circle, Naples, FL 34116 941-775-3862 (Days) 941-353-0527 (Evenings) Survivor of a violent first marriage. Personal and professional commitment to the domestic violence movement spanning more than twenty five years. Recognized expert, author, spokesperson, consultant and leader in the field. Twenty years experience as CEO/Executive Director of non-profit agencies. Experienced and trained in staff and volunteer management, public and media relations, business administration, fundraising (annual & capital), public speaking & domestic violence education. Executive VP & CEO, Shelter for Abused Women, Naples FL President. Florida Coalition Against Domestic Violence Executive Committee, Florida Coalition Against Domestic Violence Steering Committee, Governor's Task Force on Domestic & Sexual Violence Delegate & Presenter, World Conference on Family Violence, Singapore Faculty, National Conference on Domestic Violence Fatality Review First Vice President, Florida Coalition Against Domestic Violence Legislative Committee Chair, Florida Coalition Against Domestic Violence Region IV Representative, Florida Coalition Against Domestic Violence Member, Collier County Domestic Violence Council Member & Founder, Voices -vs- Violence Coalition of Collier County Member, Collier County Coalition for the Hungry & Homeless Member, Collier County Children's Fatality Review Team Member, Coalition of Batterer Intervention Programs of Florida Co-Chair, Florida Women's Foundation Commissioner, Governor's Commission on Responsible Fatherhood Board Member, Safe Children Strong Families, Naples, FL President & Director, Center Against Spouse Abuse, St. Petersburg, FL Member, Women in Prison Clemency Project 1994 - Present 1998 - 1999 1997 - Present 1998 - 1999 September 1998 October 1998 1997 - 1998 1997 o 1998 1996 - 1997 1996 - Present 1998 - Present 1994 - Present 1998 - Present 1998 - Present 1989 - 1992 1996 - 1997 1994 - 1995 1989 - 1994 EXECUTIVE SUMMARY ~POIN~ OF ~MBER(S) TO coLLIER COUNTY HEALTH FACILITIES AUTHORITY OBJECTIVE: To appoint Dr. Joan Colfer to fulfill the remainder of a vacant term, expiring on June 14, 2002, on the Collier County Health Facilities Authority. CONSIDERATIONS: The Board of County Commissioners created the Health Facilities Authority of Collier County 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. This vacancy represents a seat vacated by Dr. Charles Konigsberg. A list of the current membership is included in the backup. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint Dr. Joan Colfer to the Collier County Health Facilities Authority, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 11, 2000 A~NDA ITEM ~o. /~ /-/ ! Pg. Health Facilities Authority Name Robert V. Peacock 2149 Pinewoods Circle Naples, FL 34105 District: 2 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 263-7721 06/16/98 2614787 06/15/02 Table°x Court Naples, FL ~ District: Category: 261-2554 09/27/94 774-1449 09/19/98 Gh..~les Konigsberg 3301~~mi Trail Naples, FL~M.I~ District: ~ Category'Health Dept.'Director 774-8210 06/16/98 06/15/02 Mike Davis 6120 18th Avenue, S.W. Naples, FL 34116 District: 3 Category: 643-1777 06/16/98 455-2818 06/15/02 Edward J. Oates, Jr. 2935 Bellflower Lane Naples, FL 34105 District: Category: 262-7160 11/23/99 11/23/03 4 Years 4 Years 4 Years 4 Years 4 Years Wednesday, November 24, 1999 ...... Page 1 -~f 2' Health Facilities Authority FIZork Phone z~ppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member authority was created on November 20, 1979, by Ordinance No. 79-95 in accordance with Chapter 154 of the Flodda 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 ST.4 T: Chapter 154 S~aff: Donald A. Pickworth, Attorney: 263-8060 Wednesday, November 24, 1999 Page 2 of 2 EXECUTIVE SUMMARY PETITION R-99-13 MICHAEL R. FERNANDEZ, AICP OF PLANNING DEVELOPMENT INCORPORATED REPRESENTING CARUSO CORP. AND BRIAN JONES, TRUSTEE REQUESTING TO CHANGE THE ZONING CLASSIFICATION OF A PROPERTY FROM "RSF-3" RESIDENTIAL SINGLE FAMILY TO "C-2" CONVENIENCE COMMERCIAL DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF PIPER BOULEVARD DIRECTLY NORTH OF IMMOKALEE ROAD AT THE TERMINUS OF AIRPORT ROAD IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSISTS OF 7.61 ACRES. OBJECTIVE: The applicant is requesting to change the zoning of the property from "RSF-3" Residential Single Family to "C-2" Convenience Commercial District. CONSIDERATIONS: The petitioner wishes to rezone the subject property from "RSF-3" Residential Single Family Zoning District to "C-2" Convenience Commercial Zoning District, which would allow the applicant to develop the property for limited retail uses and professional and medical offices. The subject property is designated Urban Mixed Use District, Mixed Use Activity Center Subdistrict on the Future Land Use Map. This sub-district allows the full array of commercial uses (C-1 through C-5). This request for a rezone to "C-2" Convenience Commercial is consistent with the requirements of the Growth Management Plan. The total adjusted site generated trips will be 2,648 ADT. The difference between the approved residential zoning and the proposed zoning is 2,428 ADT. Based on this data the site-generated traffic exceeds significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road. However, this project will not lower the level of service below any adopted LOS "D" standard on any road within the project's radius of development influence (RDI). The TCE indicates that this segment of Immokalee Road west of Airport Road as a four lane artedal road in the project area. The current traffic for this road is 31,463 ADT, that results in LOS "D" operation. Since this segment is scheduled to begin construction to a six-lane facility by 2001, this project is deemed consistent with Policies 1.3 and 1.4 of the TCE. The Collier County Planning Commission reviewed this petition on March 16, 2000 and by a vote of 8-1 recommended approval of the rezone. The applicant, at the CCPC ~.,F. NOA nt:Ja APR 11 2000 meeting, agreed to remove automobile service stations (SiC # 5541) and convenience stores (SIC #5411) from the list of the permitted uses for this property. Staff has received one letter in opposition to the granting of this request and at the CCPC hearing an affected property owner spoke against this rezone request. Therefore, this petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: This rezone by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, this parcel will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The following impact fees will be applicable to this project (for an approximately 60,000 Sq. Ft. office complex): Road Impact Fee: Correctional Facilities Impact Fee Fire Impact Fee: EMS Impact Fee: Radon Gas Impact Fee: Building Code: $124,560.00 $79,560.00 $18,000.00 $17,940.00 $30O.0O $300.0O Total: $240,660.00 In addition to the Impact Fees described there are 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 administrating the community development review process whereas utility fees are based on their proportionate share of impact to the County system. Finally additional revenue is generated by the application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. The above discussion deals with revenue schemes. An fiscal impact analysis is incomplete without an estimates of costs that will be generated by a particular land use development project. 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 terribly misleading because there is no certain way particularly with respect to housing projects to determine their value and likelihood that not all of the authorized development will occur. 2 AGENDA ITEM ') / APR 1 1 2000 Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. GROWTH MANAGEMENT IMPACT: None. This rezoning action establishing a "C-2" zoning district is both consistent with the basic land use designation of the Growth management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for approval. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed R-99-13 and by a vote of 8-1 recommended that the Board of Zoning appeals approve this petition. The single negative vote was based on the fact that this rezone may not be compatible with the residential development to the north. The applicant, at the CCPC meeting, agreed to remove automobile service stations (SIC # 5541) and convenience stores (SIC #5411) uses from the list of the permitted uses for this property. 3 A~r-NOA ITF~ APR 11 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE /t~ EWED BY: i~OI~ALD F~I~INC~, AICP, MANAGER CURRENT PLANNING SECTION DATE ROI~ J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APeD BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE 4 AGEt~A ITEM APR 11 2000 P~,. Y AGENDA ITEM 7-H TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES February 24, 2000 R-99-13, Caruso Rezoning. OWNER/AGENT: OWNERS: CONTRACT PURCHASERS: Caruso Corp. (Angelo Lucarelli 50% and Gall Lucarelli 50%). and Angelo Pulieo and Laura Pulieo 400 Euclid Avenue Naples, FL. 34110 And Brian E. Jones, Trustee (Brian E. Jones 25%, William L. Jones 25%, Benjamin F. Jones 25% and Green C. Jones 25%) 3500 Radio Road Naples, FL. 34104 Pelican Bay Development, LLC Richard Lauer 50% James Nashman 50% 24840 Burnt Pine Drive Suite #2 Bonita Springs, FL. 34134 Agent: Michael R. Fernandez, AICP Planning Development Incorporated 5133 Castello Ddve Suite 2 Naples, FL. 34103 REQUESTED ACTION: The applicant is requesting to change the zoning classification of the subject property from "A" Rural Agricultural to "C-2" Convenience Commercial District. ACI~.NDA ITEl ,t,F2 11 2000 # GEOGRAPHIC LOCATION: The subject property is located on the north side of Piper Boulevard directly north of Immokalee Road at the terminus of Airport Road in Section 24, Township 48 South, Range 25 East, Collier County, Flodda. This site consists of 7.61 acres. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to rezone the subject property to C-2 Convenience Commercial which would allow the applicant to develop the property for limited retail uses and professional and medical offices. SURROUNDING LAND USE AND ZONING: Existing: Vacant, zoned "RSF-3" Residential Single Family. Surrounding: North- East- South- West- Residential, zoned "RSF-3" Residential Single Family. Vanderbilt Presbyterian Church, zoned "RSF-3" Residential Single Family with a Conditional Use. Piper Blvd., Immokalee Road Canal, Immokalee Road ROW. Medical complex, zoned PUD and Sharondale Condominiums, zoned "RMF-16" Residential Multi-family. GROWTH MANAGEMENT PLAN CONSISTENCY: The petitioner is requesting to rezone this parcel to C-2. The subject property is designated Urban Mixed Use District, Mixed Use Activity Center Subdistrict on the Future Land Use Map. This sub-district allows the full array of commercial uses (C-1 through C-5). This request for a rezone to "C-2" Convenience Commercial is consistent with the requirements of the Growth Management Plan. Traffic Circulation Element: The total adjusted site generated trips will be 2,648 ADT. The difference between the approved residential zoning and the proposed zoning is 2,428 ADT. Based on this data the site-generated traffic exceeds significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road. However, this project will not lower the level of service below any adopted LOS "D" standard on any road within the project's radius of development influence (RDI). The TCE indicates that this segment of Immokalee Road west of Airport Road as a four lane arterial road in the project area. The current traffic for this road is 31,463 ADT, that results in LOS "D" operation. Since this segment is 2 AGENDA ITE~ APR 11 2000 scheduled to begin construction to a six-lane facility by 2001, this project is deemed consistent with Policies 1.3 and 1.4 of the TCE. Sewer and water: County water and sewer will be available to this site. Draina_~e: Water management requirements will be addressed at the time of SDP review and approval. Such approvals will be made consistent with Collier County drainage requirements. Open Space: Thirty percent of the project site will be devoted to open space pursuant to applicable provisions of the LDC at the time of SDP required approval. Conservation: Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. Other applicable elements Staffs review indicates that this petition has been designed to account for the necessary relationships dictated by the Future Land Use Element of the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the eadiest or the next to occur of either final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 3 AGENDA ITEM APR 11 2000 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental staff, and the Transportation Division staff. This petition was administratively reviewed on behalf of the EAB and staff recommended approval. CRITERIA EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Immokalee Master Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteda are specifically noted in Section 2.7.3.2.5. (Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) In addition a rezoning action establishing a "C-2" zoning district is consistent with the basic land use designation of the Future Land Use Element of the GMP. 4 APR 11 2000 Relationship to Future and existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. A rezoning action having the effect of rezoning approximately 7.6 acres is consistent with the provisions of the FLUE. Compatibility: The west side of the subject property is adjacent to land with a commercial PUD zoning designation which is developed with existing medical offices. The site abuts a large church on the east side. The proposed amendment to the Growth Management Plan to include this property within the "Activity Center" will make this property compatible with adjacent and nearby zoning land uses. This property is adjacent to the north to a residential subdivision. This relationship can be made compatible by imposing appropriate sound and visual buffer structures or land improvements. The LDC requires a fifteen (15) foot wide landscape buffer with eighty (80) percent opacity screen. Timing: Cleady the timing of a rezoning action from Residential is present when the land is impacted with nearby commercial uses ( i.e. Sam's Club, Greentree Shopping Center, etc.) and it is capable of being served by sanitary sewers and potable water supplies. Traffic: Immokalee Road is scheduled to be widened in 2001. Furthermore, the added trips will not lower the level of service below adopted standards within the project's radius of development influence (RDI). Therefore, the rezoning action will be consistent with the TCE. Infrastructure: The site will be served by the Collier County water and sewer system. Availability letters and construction plan approval from the Collier County Utilities Department shall be provided prior to final Site Development Plan approval. NOTE: It is anticipated that the non-issue portions of the EAR-based FLUE amendments, including the site-specific Activity Center boundaries, will go into effect on March 28, 2000. The new Activity Center text is similar, but the new boundary will exclude a portion of the subject site. On March 28, a FLUE amendment (CPR-99-3) will also be scheduled for adoption, which will include expansion of the subject Activity Center to include the entire subject site. The approval of this rezone (R-99-13) needs to link development of the site to the effective date of a FLUE amendment which will result in the C-2 zoning being consistent with the FLUE. Such a FLUE amendment might be accomplished by the CPR-99-3 or a 5 AGENDA ITEM APR 11 2000 separate amendment filed by the rezone petitioner. The effective date of CPR-99-3 amendment depends upon whether a finding of "in compliance" is made by the Flodda Department of Community Affairs, and whether an appeal to that compliance determination is filed. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition R-99-13 to the BCC with a recommendation for approval to rezone this property from "RSF-3" to C-2 Convenience Commercial zoning district. Further, staff recommends that the northern portion of this property shall not be improved until and unless the northern portion of the property is included in the Activity Center. 6 AGENDA ITEM APR 11 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP /~CIPAL PLANNER RF_Jv'IEWE~ BY: I~ ;I~IA-'LT3-~O, AICP, MANAGER C[ RRENT PLANNING SECTION R( ~I~IS, T J' ~VI-ULHERE, AICP, DIRECTOR PLANNING SERVICES DATE DATE DATE A p p rg.¢~ by: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: R-99-13 Staff report for March 16, 2000 CCPC meeting. Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN 7 AGENOA rrEM APR 11 2000 REZONE FINDINGS PETITION R-99-13 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The proposed rezone will be in compliance with the Growth Management Plan. Con: None. Summary Findings: The proposed rezone will be in compliance with the Future Land Use Element of the Growth Management Plan once it has been amended to include this parcel within the Activity Center. 2. The existing land use pattern. ProlCon: Evaluation not applicable. Existing: vacant, zoned "RSF-3" Residential Single Family. Surrounding: North- East- South- West- Residential, zoned "RSF-3" Residential Single Family. Vanderbilt Presbyterian Church, zoned "RSF-3" Residential Single Family with a Conditional Use. Pipers Blvd., Immokalee Road Canal, Immokalee Road ROW. Medical complex, zoned PUD and Sharondale Condominiums, zoned "RMF-16" Residential Multi- family. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: This property is adjacent to a Commercial PUD. Con: None. AGENDA ITEI~ ~PR 11 2000 p~. /~ _ Summary Findings: This property along with the existing commercial PUD property to the west is of a sufficient size that this rezone will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and once the amendment to the GMP is approved, they are consistent with the GMP. Con: None. Summary Findings: Adjacent land to the west is zoned "PUD". If approved, this action would serve to rezone this property to C-2 zoning which will not have a more intensive use than the existing PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. ProlCon: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE, once amended, will be a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: I- The subject property is located in an "Activity center". By virtue of this fact it is reasonable that one assume the potential for rezoning actions leading to commercial development. II-Recommended mitigation actions made as a condition of approval will go a long way towards any potential adverse influences on the proposed residential community lying north of the project. Con: Potential noise from land use activities could be annoying to residential properties to the north and to the west. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation action should serve to ameliorate impact on an adjacent residential under construction. 2 ITEM APR 11 2000 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: I-An action to rezone the property as requested is consistent with all applicable traffic circulation elements. II- The property fronts indirectly on Immokalee Road thereby providing an immediate highway system over which traffic from this project is defused. Con: Urban intensification results in greater volumes of traffic on the artedal and collector road system serving the project. Other projects dependent upon the same street system may perceive this as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. Pro: The Land development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con' Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a 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. ; 4.PR 11 2000 9. Whether the proposed change will seriously reduce light and air to adjacent areas. ProlCon: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the east, west and north side of the subject property. Con: None. Summary Findings: This is a subjective determination based upon factors which may be internal or external to the subject property. Zoning is only one component which may affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. ProlCon: Evaluation not applicable. Summary Findings: The proposed development will be in compliance with the Growth Management Plan, when amended, a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public inter~ ~+ 4 APR I 1 2000 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. ProlCon: Evaluation not applicable. Summary Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ProlCon: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and implemented through the Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. AGENDA ITE~ APR 11 2000 Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. 6 AGENDA'ITEM APR 11 2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8524S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD P~CD PIPER BOULEVARD AT THE TERMINUS OF AIRPORT PULLING ROAD NORTH IN SECTION 24, TOWNSHIP 48 SOLrrH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-2 FOR LAND USES PERMITTED IN THE C-2 DISTRICT COMMERCIAL CONVENIENCE; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, AICP, of Planning Development Inc., representing Caruso Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property.; NOW. THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit 'A". attached hereto and incorporated by reference herein, and located in Section 24, Township 48 South. Range 25 East, Collier County, Florida, is changed from RSF-3 to C-2 and the Official Zoning Atlas Map Number 8524S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved, subject to the following conditions: Automobile Service stations (SIC //5541) and convenience stores (SIC #5411) shall not be permitted on this property. AGENDA I~T~' APR 11 2000 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARNI M. SCUDERI ASSISTANT COUNTY ATTORNEY G'admin/R-99-13/CB~ts APR 1 1 2000 L£~AL D-[SCRIP TlOk' AS PROVIDED BY CLIENT THE SOUTHI~ST 1/4 OF THE SOUTHMOST 1/4 OF THE $OUTHIk~ST I/4 OF SECTION 24, TOI~V...~III~ 4.8 SOUTH, RANC. E 25 EAST, OF COLUER COUNT~, FLORIDA, LESS THE SOUTHERLY 160 FEE7 CONTAINING 7.617 ACRES, MORE OR LESS. EXHIBIT "A" AGENDA APR 11 2000 APPLICATION FOR PUBLIC HEARING FOI~~RD~~NE Petition No.: R 9 9 - 1 3 4' a Date Petition Ree Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information; Name of Applicant(s): Applicant's Mailing Address: City: Naples Applicant's Telephone #: Caruso Cow_. and Angelo Pulieo and Laura Pulieo 400 Euclid ~lvenue State: Florida Zip: $411o 941-$66-9522 Fax: 941.597-5518 Name of Applicant(s): Applicant' s Mailing Address: City: Naples Applicant's Telephone #: Brian E. Jones. Trustee 3500 Radio Road State: Florida Zip: $4104 941-643-$100 Fax: 941-643-0550 Name of Agent: Firm: Agent's Mailing Address: City: Naples Agent's Telephone #: Michael R. Fernandez. AICP Planning Development Incow_orated $155 Castelio Drive. Suite 2 State: Florid~ Zip: $4105 941-263-6934 Fax: 941-~65-6981 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES / CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FLORIDA 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary). APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - $/98 ITEM APR 11 2000 Page ! Name of Homeowner Association Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City State Zip City State ~ Zip City State __ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip Disclosure of Interest Information: NORTH PARCEL 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 Caruso Corp. Angelo Pulieo and Laura Pufieo Percentage of Ownership 50?4 50?4 p~PeR211 2000 P~.~-.~ If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. NORTH PARCEL Name and Address and Office Caruso Con,. Angelo Lucar¢lli Gad Lucarelli Percemage of Stock $0% $0% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. SOUTH PARCEL Name and Address Brian E. Jones. Trustee William L Jones Benjamin F. Jones Green ~. Jones Percentage of Interest 25% 25% 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 APPLICATION FOR PUBLIC HEARING FOR STA.NI}P-R!~ REZONE - 5/98 AGENDA ITEM APR 11 2000 Page 3 pg._.. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries or partners. Name and Address Pelican Bay Development. LLC 24840 Burnt Pine Drive, Suite Bonita Springs. Florida 34134 Percemage of Ownership R/chardLaner - $0% James Nashman - 50% Attn: James Nash~q4, Date of Comract(s): 1/31/00 and 2/10/00 If any comingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address g. Date subject property acquired ( ) leased ( ): ~ Term oflease~ Yrs/mos If, Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date and date Should any changes of ownership or changes in contracts for purchase occur subsequem to the date of application, but prior to the date &the final public hearing, it is the responsibility of the applicant, or agem on his behalf, to submit a supplemental disclosure ofimerest form. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 AGEI~A ITEI~ APR 11 2000 Detailed legal descrintion of the property, covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 24 Township: 48 South Range: 25 East Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Property I.D.#: North Parcel: 00163080006 South Parcel: 00161200008 Metes & Bounds Description: THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 24. TOWNSHIP 48 SOUTH. RANGE 25 EAST. OF COLLIER COUNTY FLORIDA. LESS THE SOUTHERLy 160 FEET. CONTAINING 7. 617 ACRES. MORE OR LESS. [_Combined North and South Parcels} Size of property: 6624- ft. X 501 ± ft. =Total Sq. Ft. 331.6624. Acres 7.6174. Address/general location of sub_iect property_: Northeast corner Immok. n__~e Ro~__d and Piper Boulevard at the terminus qf Aim_ ort Pulling Road North. Ad_iacent zoning and land use: Zoning Land use N RSF-3 Residenti~d s Pioer B/vt . Canal- Immokalee Road E PU-3 Vanderbiit Presbyterian Church W PUD Commerciai-t~t~er Medical O_f_rice Center W RMF-16 Sharondale Condo - Phase I APPLICATION FOR PUBLIC HEARING FOR STANDARD I~lr.?ONE - 5/98 2ooo Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Re~_uest: This application is requesting a rezone from the RSF- $ district(s) to the C- ~ zoning district(s). zomng Present Use of the Property: Vacant- Undeveloped; Previously Crop Lands Proposed Use (or range of uses) of the property: As Provided for under the provisions of the Collier Count_ Land Development Code Land Uses for the C-2 Zoning District Evaluation Criteria: Pursuant to Section 2.7.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations fLDC Section 2. 7.2. 5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearb districts. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 APR 11 21300 Pa~e. 6.~ ~ 5. 4. fi/berber existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. lZgbether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change wdl create or excessively increase trafj~c congestion or create types of tra~c deemed incompatible with surrounding'land uses, because of peak volumes or projected ~. pes of vehicular trafjqc, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which wouM be required to make the property usable for any of the range of potential uses under the proposed zoning classification. APPLICATION FOR PUBLIC Fll~ARING FOR STANDARI) I~ZONI~ - 5/98 ~6F.I~A IT~ APR 11 2000 Page 7 17. 18. lhe impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. Such other factors, standards, or criteria that the board of county commissioners shah deem important in the protection of the public health, safety, and welfare. Deed Restrictions; The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. 11. Previous land use petitions on the subiect property_: To your knowledge~ has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Additional Submittal reouirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structures(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas; · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, nc.,rr~ A APPLICATION FOR PUBLIC itEARING FOR STANDARI} REZONE - 5/98 An architectural rendering of any proposed structures. An Environmental Impact Statemem (ELS), as required by Section 3.8 of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver applicatiOn if property is located within an area of historical or archeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC FIEARIN~ ]FOR STANDARD REZONE - 5/98 AGF..I',~A ITEM APR 11 200O Page 9 TRAFFIC IMPACT STATEMENT (TIS); A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-applieatign meeting. Please note the £ollowing with regard to TIS submittals. ~ Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Tmflic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Ems-ting Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impacx of the proposed use on affected major thoroughfares, including any anticipated changes in level of servtce. (LOS) 5. Any proposed improvements (to the site or the external right-of-way) such as providing or elinunaung an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is conststent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP). including policies 1.3.1.4.4.4. 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TLS), and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic Future Traffic Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 11 2000 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Developmem Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documemation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignmem to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service (LOS}: The LOS ora roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Dis~nce Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49,999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399,999 Sq. Ft. 5 Miles 400,000 & Up 5 Miles In describing the RI)I, the TIS shall provide the measurement in road miles froa proposed project rather than a geometric radius. APPLICATION FOR PUBLIC IIEARING FOR STAN1}ARI} REZONE - 5/98 [ ~hc AGE. N~A ITEIVl APR 11 2000 age ll 10. 11. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). Background Traffic; The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI o£the proposed project shall be provided. This information shall be depicted on a map, or alternatively, in a listing of those projects and their respective characteristics. F#ture Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned / Prooosed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Pro_iect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts ora project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of approval. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE APR 11 2000 Page 12 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1. Name of Applicant(s): Caruso Com. and Angeio l~lieo and Laura Pulieo 2. Applicant's Mailing Address: 4(~(I Euclid Avenue City:. Nap_les State: Florida Zip: $4110 Applicant's Telephone #: 941-$6~-9322 Fax: 941-59%5518 Name of Applicant(s): Brian F~ Jones_. Trustee Applicant's Mailing Address: 3500 Radio Road City: Naples State: Florida Applicant's Telephone #: 941-645-$100 Zip: 34104. Fax: 941-645-0550 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/,4 Section: 24 Township: 48S Range: 25E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Nor~ Parcel: 00163080006 Property I.D.#: $outtt Parcel: 001612'00008 Metes & Bounds Description: THE SOUTHIYEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST I/4 OF SECTION 24. TOWNSHIP 48 SOUTH. I~dldVGE 25 EAST. OF COLLIER COUNTY FLORIDA. LESS THE $OUTHERLY 160 FEET. CONT,4INING 7. 617 ACRES. MORE Ol~ LESS. (C~ombined north and south parcels.) APPLICATION TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable System): a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME: d. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM [] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME: PRIVATE SYSTEM (WELL) FOR PUBLIC HEARING FOR STANDARD REZONE - B/98 APR 1 I 2000 'age 13 TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAII.y DEMANDS: A. WATER - PEAK: AVERAGE DAII~Y' B. SEWER - PEAK: AVERAGE DAn~Y- IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: December. 2000 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluem and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the Collier County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall comam an agreemem to dedicate the appropriate utility easements for serving the water and sewer systems. If applicable, the Written Notarized Statement Will be Provided Prior to Approval 10. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a s~atement from that provider indicatin8 that there is adequate capacity to serve the project shall be provided. APPLICATIQN FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 APR 1 1 2000 Page 14 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST SUBMITTED WITH APPLICATION PACKET; REQUIREMENTS # oF coP s QuI D 1. Completed Application 15 X 2. Copy. of Deed(s) and list identi~.-ing Owner(s) and all 15 X Panners ff a Corporation 3. Completed Owner/Agent Affidavit(s). Notarized 15 X 4. Pre-Application Notes/Minutes N/A X 5. Conceptual Site Plan N/A ~-'~vironmental Impact Statement - (EIS)-Waiver Requested 4 X .... ,enal Photograph - (with habitat areas identified) 4 X 8. Completed Utility, Provisions Statement (with required 4 X attachments and sketches) 9, Traffic Impact Statement - (TIS) (Waiver Requested) N/A 10. Historical and Archaeological Survey. or Waiver 4 X Application (Request made) 11. Copies of State and/or Federal PernUts N/A X 12. Architectural Rendenng of Proposed Structure(s) N/A X 13. Application Fee, Check shall be payable to Collier 1 $1,990.43 Coun~ Board of Commissioners 14. Other Requirements - 4 Boundary Survey' Snecific Pumoses Survey ElS Waiver Reau~ with Threatened and Endamtered S~ecies Re,on As the authorized agent/applicant for this petition. I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this Agent / At~licant Signature APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Date AGENDA ITEM APR 11 2000 Page 15 We, I, C_ ~ r ~ ~ <~ C_~ c~c ¢, ¥~; ,-x being first duly sworn, depose and say that well 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 arm that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We ,. I further authorize M'whael It. Fernandez, AICP this 'Petition. Signatt~re -of Property Owner Printed~Vame of Property Owner Planning Development Inc _orpor~ted / to act as our /my representative in any matters regarding The foregoirlg instrument was acknowledged before me this- ~(a'~ day of'~) 0 L ~ , 1999, by L v ca_, LL who is perso__~nally known t~ or has prod~tced as identification. State of County TI4ERESA F My Comrni~to~ CC~470~ ~ .~u~. ~o. zooo (Signature of Notary Public - State of Florida) , (Print, Type or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 AGENDA ITEJ~ APR 1 1 2000 We/I, ~ v~ c~e ~ ~ ~ ~.cx ~c c, ~ \ ~ ~ ~ being first duly sworn, depose and say that we/] 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/! understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shah not be altered. Public hearings wdl not be advertised until this application is deemed complete, and all required information has been submitted. .dx property owner We/I further authorize Planning Development Inc _orpor~ed / Michael R. Fernandez. AICP to act as our/my representative in any matters regarding this Petition. Signature of ~6~rop~rty Ow~r Printe~ Name of Property Owner The forego, ing instrument was acknowledged before me this ~ day of 1999, by /~ ~aL[© n ~ L.a.~Fa. ~ lE~'t~ who~rsonall)~ known to me or has'produced as identifica~f. -- ' County of iF) THERESA F FERNANDEZ Jun. 20, (Signature of Notary Public - State of Florida) APP/~I(~ATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 (Print, Type or Stamp Commissioned Name of Notary Public) APR 11 2000 _cent by: Flam~;~"dOov¢iop,~o-t 941263§981 06/30/99 9:47A~I Job 46 Page 4/5 A_LEE/DA I'TT ..... Brhln.J. IttLo', _.T~'1¢¢ fle. lg fu'sl duly ,tl:d .~'~ tttal u t' ] ot~ ore lite ou'.ers ~?[ dle properO' ~h, scribed herein a.d which is the itt(tzl~r .,/tf,e ?',q~o~'ed itearttt~; IIRiI al/the oriel'ers lo die ques~io.s m I/tis app/icalio., the d~...:losut'e of it.et'e~t inbn'mati(m, all sketches, data, a.d other s~qTdeme.tat tgc ,.~t belte/; !t~ [ Ittldersl~ftUt tho/the nffot~afio, reqnested on Ibis application c'r~tt[t/cte ~lltrJ a,:cltl'otc atld thal the co.tent ~[' this.tin're, whether COl~tj)ttter ge.erated or [wrnn'd vlv~ll nnt b,' altered. Pith/it hearings will not be a&,ertised until this application .t~ l,t~7,c, Il' ,):,,'wr lt'c. l,/itrlher c11tlltorlze 3licl, a,'l tt Fernander., ,41CP .~ oct as o.r 1/113' f~eP,~.~ Planning Development h~co~_ orated / my repre.s'e.laln'e ltl any matte1:~ regctrdhlg ,~./_/i _~CZ!5!?t./,,,'/,¢:,,. J ,;~r;n&,d ,Vctme o[ Prr~l~erty t hvner ('(.,1n1~ of ('o/!Ic'z' APPl.lt-.~.ll05 .I.{)ll PI/BJ.I_(~_HEARIN_CLI:QR STANDAi~ REZ_ONE - 5f98 APR 11 2000 EXECUTIVE SUMMARY PETITION PUD-99-29 D. WAYNE ARNOLD OF Q. GRADY MINOR & ASSOCIATES, P.A. AND RICHARD D. YOVANOVICH, ESQ. OF GOODLETTE, COLEMAN & JOHNSON, P.A. REPRESENTING RAYMOND JAMES SMELA, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "MH" MOBILE HOME AND "RSF-I" RESIDENTIAL SINGLE FAMILY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS CHAMPION LAKE R.V. RESORT PUD. THE SUBJECT PROPERTY IS AN UNDEVELOPED 101.15 ACRE PARCEL LOCATED ON THE EAST SIDE OF SILVER LAKES RV RESORT AND PELICAN LAKE RV RESORT, IMMEDIATELY NORTH OF FIDDLER'S CREEK IN SECTION 11, 14 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks to have certain land herein described rezoned from its current zoning classification "MH" mobile home and "RSF-I" residential single family to "PUD" planned unit development for a recreational park development. CONSIDERATIONS: The applicant seeks a rezone of the property in question to Planned Unit Development (PUD) to allow for a maximum of 300 recreational vehicle units and/or resort homes for a density of 2.97 units per acre. This PUD will also provide accessory facilities such as pools, fitness facilities, tennis courts, and clubhouse and community buildings. There is also a proposed convenience store open to the property owners and guests, with an area no larger than 15,000 square feet. Approximately 39 acres of the site will be devoted to open space, preserve and lakes. The preserve area will allow boardwalks, landscape buffers, nature trails and shelters. This petition was reviewed by the CCPC on March 16, 2000. At the CCPC hearing several people from the surrounding developments, particularly from Silver Lakes and Pelican Lake RV resorts, objected to the plan to have an access through a 72-foot wide strip of land owned by the applicant. This tract of land acts as a buffer between those two existing RV resorts. FISCAL IMPACT: This is a 300-unit Travel trailer park project; the following Impact Fees will be applicable to this project: Road Impact fee: $319,500.00 Correctional facilities impact fee: $35,394.00 APB 11 2000 Library Impact Fee: Fire Impact Fee: School Impact Fee: EMS Impact Fee: Parks Impact Fee Total $ 54,156.00 $94,743.00 $370,20O.OO $ 9,600.OO $246,252.00 $1,129,845.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development review process. Whereas utility fees are based on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. At this point in time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. The above discussion deals with revenue schemes. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. 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 terribly misleading because there is no certain way particularly with respect to housing projects to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then 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 PLAN CONSISTENCY: Th'is property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan, specifically the property is located in the Urban Coastal Fringe area. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The requested density of 2.97 units per acre is less than that which the site is eligible to receive under the Future Land Use Element (FLUE) of the Growth Management Plan 2 ITEM APR!! 2000 (12 dwelling units/acre), therefore, this petition is consistent with the density provision of the Growth Management Plan (GMP). The FLUE permits travel trailer recreational vehicle parks within the Urban Designated areas, subject to compatibility with surrounding properties and that the site has direct access to an arterial roadway. Direct access has been previously interpreted to mean connection through a private roadway or driveway and does not necessarily require a physical connection to an arterial roadway. Such is the case with Pelican Lake RV Resort located directly west and adjacent to the subject rezone. The proposed Champion Lakes RV Resort PUD is consistent with the GMP. The County has approved EAR-based amendments to the FLUE, which are not yet legally effective. One amendment to the FLUE modifies the current requirements of recreational vehicle travel trailer parks in an attempt to clarify the access provision. The intent of the revised text was to clarify that the direct access to an arterial was not required where another access could be provided where no intervening access to the arterial exists. It is staffs opinion that this text was intended to eliminate the use of a private roadway, or private driveway, or Public Street which goes through a residential neighborhood. It is staffs opinion that the proposed Champion Lakes RV Resort PUD is also consistent with this revised text, as the project has access to an arterial and the proposed access to the site does not require access via a residential street. Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,283 Weekday trips and 160 PM Peak Hour trip ends. The TIS indicates that the project trips will not exceed the significance test (5 percent of the LOS "C" design volume) on SR-951 within the project's radius of development influence. In addition, this segment is projected to operate at an acceptable level of service at the build-out of this project. The TCI lists SR-951 as a four-lane arterial south of US-41. The Current traffic count for the segment fronting the project is 28,895 PSDT and is operating at LOS "B". As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Conservation and Open Space: The Collier County Land Development Code requires open space consisting of at least thirty (30) percent of the gross land area. Native vegetation preservation or re- vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Manaqement: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, 3 conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: 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. STAFF RECOMMENDATION TO THE EAC AND THE CCPC: Staff recommended that the both advisory bodies review PUD-99-29 and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION' This petition was reviewed by the EAC on March 2, 2000 and by a vote of 6-1 recommended approval. One EAC member objected to the clearing of over 80 percent of the site, even though the site is located within the Deltona Settlement Area. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on March 16, 2000 and by a unanimous vote (9-0) recommended approval with the added stipulation that the 72 foot wide strip of land connecting to SR-951 be used for passive recreational purposes only, and the vehicular access to the park, be provided through Championship Drive. 4 I " 'A~A ITEM AP.P,, ~1 200fi ~ Pi[.. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE \ REVI EWEDf ~Y: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION 4/3 ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE DATE APPROVED BY~ . · % ," VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 5 &GF...NO A ITL APR ~! 2000 AGENDA ITEM 7-G TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION FEBRUARY 16, 2000 PETITION NO: PUD-99-29 OWNER/AGENT: Agent: D. Wayne Amold Q. Grady Minor & Associates, P.A. 300 Via Del Rey Bonita Springs, FL. 34134 & Richard D. Yovanovich, Esq. Goodlette, Colman & Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples, FL. 34103 Owners: Raymond James Smela 2000 Royal Marco Way Unit # 310 Marco Island, FL. 34145 Robert & Ernestine Stokpole and Charles Kresse (contract sellers) REQUESTED ACTION: This petition seeks to have certain land as herein described rezoned from its current zoning classification of "MH" Mobile Home and "RSF-I" Residential Single Family to the "PUD" Planned Unit Development District for an R.V. Resort. GEOGRAPHIC LOCATION: 2000 The subject property is an undeveloped 101.15 acre parcel located on the east side of Silver Lakes RV Resort and Pelican Lake RV Resort, immediately north of Fiddler's Creek in Section 11, 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant seeks a rezone of the property in question to Planned Unit Development (PUD) to allow for a maximum of 300 recreational vehicle units and/or resort homes for a density of 2.97 units per acre. This PUD will also provide accessory facilities such as pools, fitness facilities, tennis courts, and clubhouse and community buildings. There is also a proposed convenience store open to the property owners and guests, with an area no larger than 15,000 square feet. Approximately 39 acres of the site will be devoted to open space, preserve and lakes. The preserve area will allow boardwalks, landscape buffers, nature trails and shelters. The PUD Document contains language regarding residency restriction, which is similar to the language contained in the Land Development Code. It is staff's observation that this restriction is impossible to monitor or enforce. SURROUNDING LAND USE AND ZONING: Existing: The subject site is undeveloped and is currently zoned "MH" Mobile Home and "RSF-I" Residential Single Family. Surrounding: North - Undeveloped, zoned "A" Agricultural and Quails Roost Mobile Home Park, zoned "MH" Mobile Home. East - Undeveloped, zoned "A" Agricultural West - Silver Lakes and Pelican Lake R.V. Resorts, zoned PUD South- Fiddler's Creek (Residential and Golf Course), zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan, specifically the property is located in the Urban Coastal Fringe area. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The requested density of 2.97 units per acre is less than that which the site is eligible to receive under the Future Land Use Element (FLUE) of the Growth Management Plan (12 dwelling units/acre), therefore, this petition is consistent with the density provision of the Growth Management Plan (GMP). The FLUE permits travel trailer recreational vehicle parks within the Urban Designated areas, subject to compatibility with surrounding properties and that the site has direct access to an arterial roadway. Direct access has been previously interpreted to mean connection through a private roadway or driveway and does not require a physical connection to an arterial roadway. The proposed Champion Lakes RV Resort PUD is consistent with the GMP. The County has approved EAR-based amendments to the FLUE, Which are not yet legally effective. One amendment to the FLUE modifies the current requirements of recreational vehicle travel trailer parks in an attempt to clarify the access provision. The intent of the revised text was to clarify that the direct access to an arterial was not required where another access could be provided where no intervening access to the arterial exists. It is staff's opinion that this text was intended to eliminate the use of a private roadway, or private driveway, or public street which goes through a residential neighborhood. It is staff's opinion that the proposed Champion Lakes RV Resort PUD is also consistent with this revised text, as the project has access to an arterial and the proposed access to the site does not require access via a residential street. Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,283 Weekday trips and 160 PM Peak Hour trip ends. The TIS indicates that the project trips will not exceed the significance test ( 5 percent of the LOS "C" design volume) on SR-951 within the project's radius of development influence. In addition, this segment is projected to operate at an acceptable level of service at the build-out of this project. The TCl lists SR-951 as a four lane arterial south of US-41. The Current traffic count for the segment fronting the project is 28,895 PSDT and is operating at LOS "B". As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Conservation and Open Space: The Collier County Land Development Code requires open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Management: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: 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. ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition was reviewed by the EAC on March 2, 2000 and by a vote of 6-1 recommended approval, One EAC member objected to the clearing of over 80 percent of the site, even though the site is located within the Deltona Settlement Area. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The list of criteria are specifically noted in 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 the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appropriate evaluation of decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a -4- consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The following are Staff's findings for this PUD petition: Relationship to Future and Existing Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan iljustrates a travel trailer park at a density of 2.97 units per acre, which is consistent with the GMP. The surrounding area consists of developed and vacant properties. Most surrounding properties are zoned with a wide range of densities that range from 1 unit per five aces in the Rural Agricultural District; 2.19 dwelling units per acre in the Fiddler's Creek development directly to the south, to 1.1 dwelling units per acre in the Silver Lakes PUD and 3.95 dwelling units per acre in the Pelican Lake PUD both to the west of the subject property. This property is also adjacent to a conventional Mobile Home Park to the north. The preserve areas of this PUD encompass 13.39 acres. With landscape buffers and lakes this PUD will have over 60 percent of the property allotted to open space. Development standards for this development are generally consistent with the standard TTRVC zoning standards. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes and in fact the subject property is adjacent to several Travel trailer Parks. It is staffs opinion that the proposed density of 2.97 units per acre is compatible with the development trends in this area except as otherwise conditioned above. As noted above, the majority of the surrounding and nearby land is zoned for travel trailer parks, conventional residential uses and mobile home parks with similar densities. Thereforel staff is supportive of the proposed travel trailer park PUD at a density of 2.97 dwelling units per acre. The proposed use is compatible with uses approved in the Pelican Lake and Silver Lakes PUBs. Regarding the matter of timing, it should be appreciated that urban commercial developments exist within close proximity of the site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE of the GMP. Traffic: This project fronts on SR-951. The Traffic Impact Statement (TIS) classifies SR-951 as a 4 lane arterial road South of US-41. The TIS indicates that 300 units will generate -5- AC, IEh~:)A II'E~ AF~ ii 2000 approximately 1,283 trips on a weekday. Based on this data, the number of vehicular trips generated by project will not exceed the significance test (5 percent of the LOS "C" design volume) on SR-951. Therefore, this segment will continue to operate at an acceptable level of service at the build-out of the project. However, intensifying traffic conditions may at times give rise to inconveniencing neighboring residents on this road segment even though the road will operate at acceptable levels. Infrastructure: The subject property is served by the County water and sewer system. However, storm water management will be provided on site. Community Infrastructure and Services: The subject property is readily accessible to a whole range of community infrastructure. Shopping centers, and medical offices of various specialties are all within a short driving distance to the north. PUD Document and Master Plan: PUD Document: The Champion Lakes PUD Document is modeled after a County Planning Services model PUD Document. In terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. The development standards regulating the placement of travel trailer pads are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. Master Plan: The Master Plan is designed with two driveways, which will provide a direct connection to SR-951 and to Championship Drive, which is a private road. All committed road improvements shall be in place prior to the issuance of any Certificate of Occupancy for the project. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-99-29 to the Board of County Commissioners subject to the approval conditions that have been incorporated in the PUD Document and otherwise described by the Ordinance of Adoption and exhibits thereto. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER  'N~ ~1~: NINO, AICP, MANAGER JRREh PLANNING ~BER'~ O. MULHERE, AICP, DIRECTOR PLANNING SERVICES /--/ Z '~ DATE DATE DATE APP~R,C~/ED BY' VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: PUD-99-29 Staff Report for March 16, 2000 CCPC meeting. This petition has been scheduled for April 11,2000 COLLIER COUNTY PLANNING COMMISSION: MICHAEL J. BRUET, CHAIRMAN ! 4P~ 1! 2000 i FINDINGS FOR PUD PUD-99-29 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summa~ Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD Document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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 2000 be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. ProlCon: Evaluation not applicable. Summary Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Summary Finding' The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Coastal Fringe on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the proposed density of 3 units per acre and 12 units per acre for travel trailer park. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density - Approval would authorize 300 units whose density would be 2.97 units per acre. This is consistent with the density rating system to the FLUE which allows up to 12 units per acre for travel trailer parks. Land Use - The urban residential Subdistrict allows all residential structure types including travel trailer parks and other uses normally found in a residential environment such as recreational accessory uses. 2 Traffic Circulation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TCE. Recreation and Op. en Space Element - Sixty (60%) percent or more of the land area is to be developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 60% for residential PUDs exclusive of that open space related to actual residential development. Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Champion Lake PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 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. ProlCon: Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. ProlCon: Evaluation not applicable. Summarv Findin_~: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of asSuring the adequacy of available improvements and facilities, both public and private. ProlCon' Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) The ability of the subject property and of surrounding areas to accommodate expansion. ProlCon: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. o 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. ProlCon: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. REZONE FINDINGS PETITION PUD-99-29 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The proposed residential density of 2.97 dwelling units per acre is consistent with the Density rating System of the GMP that provides for a maximum permitted density of 12 dwelling units per acre for travel trailer parks. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: To the west this property borders Silver Lakes and Pelican Lake PUDs which are travel trailer developments. This property is adjacent to Fiddler Creek development, to the north it is adjacent to a mobile home park (Quail Roost) to the east it is adjacent to agriculturally zoned properties. Con: None. Summary Findings: Evaluation not applicable. e The possible creatiOn of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to the approved Silver Lakes and Pelican Lake PUDs to the west. ...:;12000 Con: Evaluation not applicable. Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it will be adjacent to two existing travel trailer parks. It is also consistent with expected land uses by virtue of its location within the "Urban Coastal Fringe" area on the Future Land Use Element. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: properties to the west are zoned PUD and approved with similar type uses and density. In addition, the boundaries are logically drawn by virtue of the site's location within the "Urban Coastal Fringe" area on the Future Land Use Element. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findings: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The Pelican Lake and Silver Lakes PUDs to the west contain similar type uses while the property to the north contains a mobile home park. By virtue of this fact it is reasonable that one assume the potential exists for rezoning actions leading to additional residential units similar to the proposed PUD zoning district. 2 APR 2000 (ii) Recommended mitigation actions made as a condition of approval will go a long way towards off-setting any potential adverse influences on the residential communities in the area. Con: (i) The additional dwelling units could cause increased noise and traffic impacts on the nearby residences. However, due to the small size of the site and the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with all applicable provisions of the Traffic Circulation Elements. The property fronts directly on a proposed public road thereby providing an immediate access to the arterial road network over which traffic from this development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; 10. Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed travel trailer development conforms to the similar TTRVC development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the north and east sides. Con: None. Summary Findinqs: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; 15. 16. 17. Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. Summary Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are other sites which are zoned to accommodate the proposed resort development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ProlCon: Evaluation not applicable. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable, Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 1611, 1614N, ANT) 1615N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "MH" ,aND "RSF-I" TO "PUD" PLANNED U~NIT DEVELOPMENT ICNOWN AS CHAMPION LAKES RV RESORT LOCATED ON THE NORTH SIDE OF CHAMPIONSHIP DRIVE IN SECTIONS ll, 14, AND 15, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101_+ ACRES; .aND BY PROVIDING AN EFFECTIVE DATE. x,~,TIEREAS, Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A.. and D. Wa.vne ,atrnold, .adCP, of Q. Grady Minor & Associates. P.A., representing Raymond James Smela, petitioned the Board of Count), Commissioners to change the zomng classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COL.'NTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11, 14 and l 5. Township 51 South, Range 26 East, Collier County, Florida. is changed from "MH" and "RSF-I" to "PUD" Planned Unit Development in accordance with the Champion Lakes RV Resort PUT) Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 1611, 1614N, and 1615N, as described in Ordinance Number 9 l- 102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DLq_Y ADOPTED by the Board of County. Cormmissioners of Collier Count,.', Florida. this __ day of ,2000. BOARD OF COL~NTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK. Clerk BY: TIMOTHY J. CONSTANTINE. CHAIRMAN Approved as to Form and Legal Sufficiency Marjm4e M. Student Assistant CounD' Attorney G admm P['D-gq-29 CB'ts AGENDA ITEI~ ~PR~ 2000 CHAMPION LAKES RV RESORT A PLANNED UNIT DEVELOPMENT 101- Acres Located in Sections 11, 14 & 15 Township 51 South, Range 26 East. Collier County, Florida PREPARED FOR: Raymond James Smela 2000 Royal Marco Way, Unit 310 Marco Island, F! 34145 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, F1 34134 (941) 947-1144 (941) 947-0375 Fax EXHIBIT "A" TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION. PROPERTY OWNERSHIP. & GENERAL DESCRIPTION 1-1 SECTION II SECTION III SECTION IV SECTION V SECTION VI EXHIBIT A EXHIBIT B PROJECT DEVELOPMENT RECREATIONAL VEHICLE RECREATION PRESERVE GENERAL DEVELOPMENT COMMITMENTS CHAMPION LAKES RV RESORT PUD MASTER PLAN LEGAL DESCRIPTION 2-1 3-1 4-1 5-1 6-1 EXHIBIT C PROPERTY OWNTRSHIP STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the Developer, to create a Planned Unit Development (PUD) on 101+ acres of land located in Sections 11, 14 & 15 Township 51 South, Range 26 East. Collier County,, Florida. The name of this Planned Unit Development shall be Champion Lakes RV Resort pUrE). The development of Champion Lakes RV Resort PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: The subject property, is within the Urban Mixed Use Residential District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. The proposed residential density of the Champion Lakes RV Resort PUD is 2.9 dwelling umts per acre and is less than the maximum density permitted by the FLUE Density Rating System and the Land Development Code (LDC) and is therefore consistent with FLUE Policy 5.1. The entire subject property, qualifies for a maximum density of twelve dwelling units per acre, based on the permitted density for travel trailer/recreational vehicle parks as provided in the FLU~E, Urban Designation Description section and further referenced in Section 2.2.11.4.6 of the Land Development Code. The Champion Lakes RV Resort PUT) is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of the Champion Lakes RV Resort PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. ii AGENDA ITEk4 :! 2000 The Champion Lakes RV Resort PUD is a large-scale, mixed-use commumty, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier Count' Land Development Code (LDC), Planned Unit Development District. The Champion Lakes RV Resort PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this Project are subject to the Collier County. Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. ii SHORT TITLE This ordinance shall be known and cited as the "CHAMPION LAKES RV RESORT PLANNED L~VlT DEVELOPMENT ORDINANCE". ii A?R ~ lO00 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, .adND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Champion Lakes RV Resort PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "B" 1.3 PROPERTY OWNERSHIP See attached Exhibit "C" 1.4 GENERAL DESCRIPTION OF PROPERTY The Project site is located in Sections 11 and 14 & 15 Township 51 South, Range 26 East, Collier County., Florida. The site is generally bordered on the West by Pelican Lake and Silver Lakes RV PUDs; on the North by Quail Roost Mobile Home Park; on the East bv vacant agricultural land, and on the South by Championship Drive and the Fiddler's Creek PUD. The zoning classification of the subject property at the time of PUD application is Mobile Home (MH) and RSF-1. Elevations within the site are approximately 3.5' above MSL. Per FEMA Firm Map Panel No. 120067 620 D, dated June 3, 1986, the Champion Lakes RV Resort property is located within Zone "ALE 7" of the FEMA flood insurance rate map. Portions of the site have been altered through past and current agricultural uses; however, the site does contain jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Division 3.8 of the LDC. The soil types on the site generally include fine quartz sands, including Malabar, Oldsmar and Holopaw fine sands. This information was derived from the Soil Survey of Collier County, Florida. 1-1 1.5 The Champion Lakes RV Resort PUD contains a variety of vegetative communities. including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed vegetative inventory and map is included in the Environmental Impact Statement attachment to the Application for PUD Rezoning packet. The Project site is located within the Collier County Water Management District U.S. 41 Outfall Basin No. 1. DENSITY Acreage of the Champion Lakes RV Resort PUD is approximately 101+ acres and the number of recreational vehicle units authorized to be built pursuant to this PLrD is a maximum of 300. The gross project density, therefore, will be a maximum of 2.97 units per acre. At all times all property included within the Champion Lakes RV Resort PUD as described in Section 1.2 shall be included in determining Project density. 1-2 2.1 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development for the Champion Lakes RV Resort PLTD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Champion Lakes RV Resort will be developed as a mixed-use community, which may feature a full array of recreational vehicle dwelling .types, and a recreation center, providing for activities such as community gatherings, recreational amen/ties, convenience commercial uses and personnel services central to community residents. The Master Plan is iljustrated graphically as Exhibit "A'. A Land Use Summary. indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts, including preserves and water management facilities shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of the Champion Lakes RV Resort PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance), and the Growth Management Plan. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. 2-1 2.4 Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the Champion Lakes RV Resort Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the LDC, Article 3, Division 3.2 shall apply to the Champion Lakes RV Resort, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. The Site Development Plans Division of the LDC Article 3, Division 3.3 shall apply to the Champion Lakes RV Resort, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling umt which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD, or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2,7.2 of the LDC. The Developer retains the right to estabhsh gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained Project roadways and roadways built and/or maintained by the Champion Lakes RV Resort PUD. 2-2 Roadways within the Champion Lakes RV Resort PUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet 2. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a len~h of one-thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Cur~'es Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 5. Section 3.2.8.3.17, Sidewalks, bike lanes and bike paths 1. Section 3.2.8.3.17.3 6. 1. The primary project entry road and loop road system shall have a mimmum six foot (6') wide pathway on one side of the street, or a minimum 5 foot (5') wide pathway on both sides of the street, which may meander in and out of the right-of-way. No sidewalk shall be required for that portion of the project roadway connecting to S.R. 951 (Collier Boulevard). Section 3.2.8.3.18.2.a., Streets and access improvements The project roadway(s) extending west to S.R.951 (Collier Boulevard) may be designed as a rural cross-section or mod4.fi~-~ cross-section, subject to approval by the Collier County Planning.. ,,/,~_.~)~ Services Director, or his designee. 2-3 20[ 2.5 2.6 2.7 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planmng Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the LDC. Removal of fill and rock from the Champion Lakes RV Resort PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum total), unless issued a commercial excavation permit. USE OF RIGHTS-OF-WAY Utilization of lands within all Project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval bv the Developer and the Collier County Development Services Director for engineering and safety considerations during the Development review process and prior to any installations. MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES CONSTRUCTION OFFICES A temporary, use permit shall be granted initially for a period not to exceed 24 months in length and may be renewed annually based upon demonstration of need pursuant to the requirements of Section 2.6.33.3. of the Collier County Land Development Code (LDC). This use may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E-6, F.A.C., and may use potable or irrigation wells. Offices located in permanent structures shall be requiredto connect to the central.utility system at the time it becomes available. MODEL HOMES, SALES CENTERS AND SALES OFFICES Model homes, sales centers and sales offices shall be permitted principal uses throughout the Champion Lakes RV Resort PUD. Model homes shall be "wet" or "dry" facilities. "Wet" facilities may be occupied by a sales office and/or representative. "Dry" facilities shall not be used as a sales office. 2-4 o o Transportation to and from unoccupied model homes shall be provided at a sales center, which also provides required parking and handicapped accommodations in accordance with Section 2.6.33.2 of the LDC. Temporary use permits for model sales centers and sales offices that are located in permanent structures other than dwelling units, and dry model homes shall not be required. Temporary use permits for model sales centers, model homes or sales offices located in permanent structures within a dwelling unit shall be required. ao The temporary use permit shall be issued initially for a period of three {3) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with Section 2.7.4 of the Land Development Code, except where model homes are located within a "model home row", in which case the Planning Services Director may administratively extend the temporary use permit on an annual basis for all of the model umts, until such time as the project lot sales reach 90% of the maximum permitted umts. Temporary use permits for a sales center in a temporary structure shall be issued initially for a period of three (3) years and may be renewed annually based upon demonstration of need. A maximum of five (5) model homes/units shall be permitted within this Development prior to final plat approval as permitted above. Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows: in the case of a permanent structure which is a dwelling unit, a Site Improvement Plan (SIP) per section 3.3.8.4 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a Site Development Plan (SDP); in the case of a temporary smacture (modular unit or sales trailer), either a Conceptual Site Plan (CSP) which addresses the requirements of Section 2.6.33.2 of the LDC, or a Site Improvement Plan, depending on the extent of the work required. 2-5 2.8 Temporary, use permits for occupied (wet) model homes following subdivision approval shall require a Conceptual Site Plan which addresses the requirements of Section 2.6.33.2 of the LDC. Temporary use permits for unoccupied model homes following subdivision approval shall require a Conceptual Site Plan and shall be issued only in conjunction with an approved Site Development Plan or Site Improvement Plan for a model sales center which provides adequate parking to support the model(s). These uses may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E-6, F.A.C., and may use potable or irrigation wells prior to the availability of central utility systems at which time a connection to the central system shall be made. 10. All other applicable provisions of the Land Development Code pertaining to Model Homes. Sales Centers, Sales Offices and Construction offices shall apply. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUrl) Ordinance or the PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any Lype of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Champion Lakes RV Resort PUD Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreage of each land use. The actual acreage shall be determined at the time of preliminary, subdivision plat or site development approval, and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Champion Lakes RV Resort PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. F AGENDA ITEI~ 2-6 ~, ~,- 2.9 The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. Internal realignment of rights-of-way other than a relocation of access points to the purl), except where the access point is required by the appropriate jurisdictional agency. Reconfiguration of recreational vehicle, water management and recreation parcels when there is no net loss to areas identified as conservation or preserve. Minor changes and refinements as described above shall be reviewed by the appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Planning Ser~,ices Director's consideration for approval. Approval by the Planmng Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County. permits and approvals. COMMON AREA MAINTENANCE Common area maintenance will be provided by the Developer or by a property owners' association. For those areas not maintained by the Developer, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The Developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving the Champion Lakes RV Resort PUD, in accordance with the provisions of Section 2.2.20.3.8 of the Collier County Land Development Code together with any applicable permits from the South Florida Water Management District. 2.10 L.a~NDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Champion Lakes RV Resort. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Grassed berms 4:1 Ground covered berms Perimeter 2:1 Internal to project 3:1 Rip-Rap berms 1:1 with geotextile mat Structural walled berms - vertical Fence or wall maximum height: Eight feet (8'), as measured fi.om the finished floor elevation of the nearest habitable structure within the Development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (63 in height from the top of berm elevation for berm elevations with an average side slope of 4:l or less, and shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1 ). Landscape buffers, berrns, fences and walls may be constructed along the perimeter of the Champion Lakes RV Resort PUD boundary prior to preliminary subdivision plat and site development plan submittal. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights- of-way adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Landscape berms located within the Champion Lakes RV Resort PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or fight-of-way line. 2-8 "* 2000 2.11 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Champion Lakes RV Resort PUD. Fill material generated from other properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the Developer shall notify the County Community. Development and Environmental Services Administrator. The following standards shall apply: Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') Co Fill storage areas in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with LDC. Division 3.7. 2.12 DESIGN GUIDELINES 3dND STANDARDS A Collier County Planned Unit Development District is intended to encourage ingenuity,, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. The Champion Lakes RV Resort PUT) is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for fixed recreational vehicle units and related community features and facilities, which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.13 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the Project may be accomplished in phases to correspond with the planned development of the property. 2-9 2.14 2.15 RESIDENCY RESTRICTIONS Permanem occupancy of any resort home or recreational vehicle, whether by any property owner or renter, shall be prohibited within the Champion Lakes RV Resort PUD. For lots or parcels sold to individuals, the Developer/owner shall be required to include m the title transfer document a provision prohibiting permanent occupancy of any recreational vehicle on the subject property. Nothing herein shall prohibit a recreational vehicle from being permanently located on a lot or lots. In addition to the uses permitted in Section 3.4 of the PUD, one single-family dwelling, may be constructed within the Project, and may be permanently occupied by the caretaker/manager of the Champion Lakes RV Resort PUD. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Champion Lakes RV Resort PUD except in the Preserve. General permitted uses are those uses which generally serve the Developer and residents of Champion Lakes RV Resort PUD and are typically part of the common infi'astrucmre or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Caretaker/manager residence, which may be a permanent site-built structure 3. Water management facilities and related structures. 4. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. 6. Guardhouses, gatehouses, and access control structures. Commumty and neighborhood parks, boat docks and other recreational facilities. Temporary construction, sales, and admimstrative offices for the Developer and Developer's authorized contractors and consultants, including n~,,'~'~a~ I ~ND,~ iTEM access ways, parking areas and related uses. j ,-:~. ,~_.~ 2-10 2.16 Landscape features including, but not limited to, landscape buffers, berms, fences and walls, subject to the standards set forth in Section 2.11 of this PUD. 10. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 11. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. Setback from PUD boundary: Fifteen feet (15') 3. Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - Thirty-five feet (35') 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. OPEN SPACE REQUIREMENTS The Collier County Land Development Code, Section 2.2.11, requires that recreational vehicle projects maintain recreation open space based on 200 square feet per lot for the first 100 lots and 150 square feet per lot for each remaining lot. Based on this criteria, the Champion Lakes RV Resort must provide a minimum of 50,000 square feet of recreation/open space. The PUD Master Plan identifies a minimum of 20 acres of the project area devoted to recreation/open space use. Consistent with Section 2.6.32.3 of the Land Development Code, a minimum of 30 percent of the gross project area~sha&L.l~~! s,a~u~,~ devoted to usable open space. ~ ~.~.; ~.~,~__,~ 2.17 2.18 NATIVE VEGETATION REQUIREMENTS The subject property is located within that portion of Collier County, Florida known as the "Deltona Settlement Agreement" area. In accordance with the Stipulation for Dismissal and Settlement Agreement for the Deltona Corporation and the U.S. Army Corps of Engineers Environmental Impact Statement, no on-site preservation of native vegetation is required by Collier County. SIGNAGE A. GEN-ERAL All Collier County sign regulations, pursuant to LDC, Division 2.5. SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage-subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. All project and Development signage adjacent to and/or visible from any dedicated County right-of-way shall be developed in accordance with the LDC, Division 2.5, SIGNS. A maximum of two permanent signs, whether boundary marker or project entrance signs, may be constructed along the S.R. 951 project frontage. B. BOUNDARY MARKERS One boundary marker or project identification monument sign may be located at each property comer, adjacent a right-of-way or right-of-way easement. The boundary marker may contain the name of the Project, the insignia or motto of the Development and Project related information. The sign face area may not exceed 60 square feet in area and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet i~n~,gr~ ........ 2-12 Sign face square footage is calculated by total square footage of name, insignia, and motto only. The setback from any public right-of-way shall be 10 feet. No setback shall be required from any other perimeter property line. Boundary marker signage shall be ground-mounted and the sign structure is limited to a maximum of 80 square feet. ENTRANCE SIGNS Two ~ound or wall-mounted entrance signs maybe located at each entrance to the project within the PUD. Such signs may contain the name of the subdivision and the insignia or motto of the Development. No sign face area may exceed 60 square feet and the total sign face area of entrance signs at each entrance may not exceed 120 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 60 square feet in area. For three-sided signs, the third sign side may only face internal to the subdivision and only the Project's name, motto or insignia may be displayed. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for the signs from the public right-of-way, and any perimeter property, line shall be 10 feet. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no ~eater than the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm, in which case the sign structure may not exceed a height of 6 feet. CONSTRUCTION ENTRANCE SIGNS One sign, a maximum of 20 square feet in size, shall be permitted at each construction entrance, to identify the entrance. The sign may also advertise employment for construction trades. No building permit is required. 2-13 2.19 E. INTERNAL SIGNS Directional or identification signs may be allowed internal to the Development. Such signs may be used to identify the'location or direction of approved uses such as, but not limited to models or model sales centers, club house, or recreational areas. Individual signs may be a maximum of 8 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of 8 feet. There shall be no maximum number of permitted directional or identification signs. Grand Opening signs: The Developer may display an on-site temporary, grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The temporary sign shall be anchored and may be displayed on-site for the first three months that the Project is open for business. F. TRAFFIC SIGNS Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with Department of Transportation criteria. SIDEWALKS/BIKEPATHS Pursuant to LDC. Section 3.2.8.3.17 and Section 2.5 of the Champion Lakes RV Resort PUD, sidewalks/bikepaths shall be permined as follows: -1. An internal pedestrian walkway system is permitted within drainage easements. Sidewalks may be located outside planed rights-of-way, when located within a separate sidewalk easement. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 2-14 ' 200['1 2.20 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS mo The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. 2-15 3.1 3.2 3.3 3.4 SECTION III RECREATIONAL VEHICLE USE PURPOSE The purpose of this Section is to identify, permitted uses and development standards for areas within the Champion Lakes RV Resort designated on the Master Plan as "RV". MAXIMUM DWELLING UNITS A maximum of 300 recreational vehicles may be constructed/placed on lands designated "RV," on the PUT) Master Plan. GENERAL DESCRIPTION Areas designated as "RV," on the Master Plan are designed to accommodate a full range of recreational vehicle types, general permitted uses as described by Section 2.15, a full range of recreational facilities, essential services, and customary, accessory uses. The approximate acreage of the area designated as "RV", is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectiVely,, of the LDC. Recreational vehicle tracts are designed to accommodate internal roadways, open spaces, and other similar uses. 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: Principal Uses: 1. Travel trailers, park trailers, park models, truck campers, motor homes, motor coaches, and other similar recreational vehicles as may be defined under Section 320.01, Florida Statutes. Resort Homes not to exceed a maximum of 30% of the total permitted un/ts within the PUD. 3. Model Homes/Model Home Center including offices for ,,,-,,io,-t .... administration, construction, sales and marketing. 3-1 ^r~¢, 1 2000 Bo Recreational facilities such as parks, play~ounds and pedestnawNkeways. 5. Parking and outdoor storage of recreational vehicles and related facilities. Project signage, subject to Section 2.18 of the Champion Lakes RV Resort PUD. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. Accessory Uses and Structures: Accessory, uses and smactures customarily associated with principal uses permitted in this District, including swimming pools, docks, piers, spas, screen enclosures, RV ports, recreational facilities designed to serve the Development, and essential services. Screened-in porch, elevated or built at ground level, not to exceed an area equal to that of the recreational vehicle to which it is attached. The screened porch may include space for on-site utility/storage space; however, said areas shall not contain ducts or facilities for the provision of heating and cooling. Storage/Utility building, not to exceed an area of one hundred (100) square feet. Storage/utility buildings may be detached or attached to the principal structure. Any other accessory, use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the area identified as Residential on the PUD Master Plan. Definitions: Recreational Vehicles - All recreational vehicle types permitted within the Champion Lakes PUD shall be as defined in Chapter 320.01, F.S. Resort Homes - For purposes of this Section, a resort home is a single family detached dwelling unit. Integral to the resort home is a covered recreation vehicle port or enclosed garage designed to store the resident's recreational vehicle. 3-2 3.5 DEVELOPMENT STANDARDS A. Development standards for all types of permitted uses apply to individual recreational vehicle lot boundaries. Bo Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in this PUD shall be in accordance with those standards of the TTRVC Zoning District of the Collier County Land Development Code. The following development standards shall be applicable to the Champion Lakes RV Resort PUD: 1. Minimum lot area: 2,800 square feet 2. Minimum lot width: Forty (40) feet (average) Minimum yards: Principal Structures: a. Front: Ten (10) feet b. Rear: Five (5) feet c. Side: Five (5) feet d. PUD Boundarv: Fifteen (15) feet 4. Maximum Height: Thirty-five t35) feet Distance Between Structures: Ten (10) feet, except that no separation is required between pnncipal and accessory structures on the same lot. 3-3 4.1 4.2 4.3 SECTION IV RECREATION PURPOSE The purpose of this section is to identify, permitted uses and development standards for areas within the Champion Lakes RV Resort PUD designated on the Master Plan as "Recreation". GENERAL DESCRIPTION The approximate acreage of the Recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary~ Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation A.rea is designed as a mixed use area which will accommodate a variety of active recreational and personal services for the Champion Lakes RV Resort residents and guests. PE1LMITTED 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: Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. A maximtan of 15,000 square feet of gross building area may be utilized for a variety of convenience commercial and personal service uses for owners and guests of the Champion Lakes RV Resort PUD, including, but not limited to, sales offices, delicatessen, convenience market, satellite banking, auto washing, postal station, and beauty salon. Any other personal service facility of a similar nature to those listed above shall be authorized by the Collier County Planning Services Depamnent Director. No signage acknowledging the presence of the convenience commercial uses shall be visible from any public or private street external to the PUD. C. Vehicular/recreational vehicle parking and storage. 4-1 4.4 D. Permitted Accessory. Uses and Structures 1. Accessory, uses and structures customarily associated with principal uses permitted in this District, including parking facilities. 2. Propane filling station for resident use only. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Fifteen feet (15') 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15'). 4. Setback from a lake (or conservation area) for all principal and accessory uses may be zero feet {0'). B. Exterior lighting shall be arranged in a manner which will protect roadwavs and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Thirty-five (35) feet; except clock towers or similar architectural features, which shall be permitted up to forty (40) feet. D. Minimum distance between pnncipat structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). F. Parking for uses and structures constructed in the Recreation Area: one (1) space per 1,000 square feet of enclosed building area. 4-2 5.1 5.2 5.3 SECTION V PRESERVE AREA PURPOSE The purpose of this Section is to identify the permitted uses and development standards for the area within the Champion Lakes RV Resort PUD designated on the Master Plan as Preserve. GENERAL DESCRIPTION Areas designated as Preserve Areas on the Master Plan are designed to accommodate conservation, open space, landscape buffers, passive recreation and limited water management uses and functions. The approximate acreage of the Preserve Areas is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The actual acreage and location of Preserve Areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC, and shall be based in part on jurisdictional agency requirements. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, landscape buffers, nature trails, shelters. 2. Water management facilities, with approval by Collier County Environmental and Engineering Review Services. 3. Signage, subject to Section 2.18 of Champion Lakes RV Resort PUD. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Preserve Area. 5-1 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. From PUD or tract boundary: 2. From Lake/Preserve: B. Maximum Height of Structures: Ten Feet (10') Zero Feet (0') Twenty-five Feet (25') 5-2 6.1 6.2 6.3 6.4 SECTION VI GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the Champion Lakes RV Resort Project. PUD MASTER DEVELOPMENT PLAaN mo All facilities shall be constructed in accordance ~vith the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations except where specifically noted. The PUD Master Plan (Exhibit A) is an iljustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary/final subdivision plat or site development plan approval. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. ENGINEERING Except as noted herein, all Project development will occur consistent with Division 3.2 and 3.3 of the LDC. UTILITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the Project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in Section 2.20 of this Document. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. 6-1 6.5 6.6 All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.20 of this Document. WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District, this Project shall be designed for a storm event of a 3-day duration and 25-year return frequency. ~m Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. The Champion Lakes RV Resort conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. ENVIRONMENTAL Wetland buffers shall be provided in accordance with Army Corps of Engineers and South Florida Water Management District Rules. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conse~'ation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservatiorvpreservation areas shall be submitted with the above-mentioned plan. Co A non-exclusive conservation easement or tract shall be established on the plat for agency jurisdictional wetland areas within the designated Preserve Area on the PLrD Master Plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 6-2 APR "; 20.90 Petition Number ..... Date APPLICATION FOR PUBLIC HEARING FOR REZONE AND CONDITIONAL USE REQUESTS PUBLIC HEARING BEFORE COLLIER COUNTY COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s): Applicant's Mailing Address: City: Marco Island Applicant's Telephone Number: Mr. Raymond James Smela 2000 Royal Marco Way, Unit 310 State: Florida (941) 389-5288 Is the Applicant the owner of the subject property? X Yes a) b) c) d) e) X Zip: 34145 ~-'] No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach cop3' of lease, and indicate actual o~'ners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Please see attached ownership information. (If space is inadequate, attach on separate page.) Name of Agent: Richard D. Yovanovich Firm: Goodlette, Coleman & Johnson, P.A. Agents Mailing Address: City: Naples Agent's Telephone Number: 4001 Tamiami Trail North, Suite 300 State: Florida Zip: 34103 (941) 435-3535 -1- APR !I 2000 5~t~9~-30380 Yet 01'-GLombard z55ss-s~5.ss5--oooo ~8-_. ~ Name of,Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Agents Mailing Address: 3800 Via Del Rey City' Bonita Springs State: Florida Zip: 34134 Agent's Telephone Number: (941) 947-1144 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit copies of survey (1" to 400' scale). Please see attached legal description and boundam' survey 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: 11, 14 & 15 TOWNSHIP: 51 S RANGE: 26 E Size of Property: fi. x ft. Address or location of subject property: Located Extension and east of Pelican Lake RV PUD Acres: 101+ Acres north of Championship Drive 7b. Existing Land Elevation: 3.5' to 4.5' County Flood Criteria Elevation: AE 7 Date subject property acquired , 19 X or leased ~; Please see attached Properly owner exhibit Day of If Petitioner has option to buy, indicate date of option: And date option terminates: 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.) Not applicable. This application is intended to cover: (Check which type of petition you are requ4sting3~, " X A. Rezoning: ! ~ ~P~i 2??0 10. Present Zoning: MH and RSF-1 Requested Zoning: PUD for: Mixed use recreational vehicle planned development --] B. Conditional Use: Of: Zoning for: Reason why application should be approved. (Attach additional sheets if necessary.)' Please see attached cover letter. 11. Is proposed use prohibited by deed restrictions? If yes, provide copy of the deed restrictions. Yes X No 12. Is this request a result of a violation? ~ Yes X If so, to whom was the notice served? 13. Has a public hearing been held on this property within the last year? If so, in whose name? 14. Are there existing structures on the property? No TYPE: CBS [--'-1, FRAME [---], MOBILE HOME [-'--], No NO OTHER[---] -3- AG~h~A ITF_.~ APR 2000 AFFIDAVIT I, Raymond James Smela, being first duly sworn, depose and say that I am the owner and contract purchaser 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 my knowledge and belief. I understand this application must be complete and accurate b~ )re a hearing can be advertised. I further permit the undersigned to act as my Raym;ti~esrepresentat/'es insmelaany matters regarding this Petition. Signature of Owner D. Wayne Arnold, AICP Signature of Agent Richard D. YovanSCich, Esq. Signature of Agent The fo~egoin~ Application was ac~owledged before me this ~ ~ day of ,1999, bv ~&~'~ .O~e3 ~~ who is personally ~o~ to me ~ ~ as identific~ ~d who did (did not) t~e ~ oath. (Signature o[,No~' Public) - C ~x~( C' -4- APR Ii 2000 ENWIRONMENTAL ADVISOR'f COI:.'NCIL Item IV.A. STAFF REPORT .MEETING OF .MARCH 1, 2000 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-99-29 Champion Lakes RV Resort PUD Raymond James Smela Q. Grady Minor and Associates, P.A. Turrell & Associates, Inc. I'II. LOCATION: The subject property is an undeveloped 101.15 acre parcel located on the east side of Silver Lakes RV Resort and Pelican Lake RV Resort, immediately north of Fiddler's Creek in SecUon 11, 14 & 15, Township 51 South, Range 26 Ea~ Collier County, Florida. Access to the property is from County Road 951 via an easement between the two adjoining RV parks. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped propemes Wkh the folloW~ng zomng classificauons. ZONING DESCRIFHON N - Agricultural Undeveloped MH.GH (Quails Roost MHP) Developed PUD (Fiddler's Creek) Partially Developed E - Agricultural Undeveloped Estal~$ PUD (Silver Lakes) RSF-I PUD (Pelican Lake) Undeveloped Mostly Developed Proposed Access Road for project Developed AGE. J~A ~TEM APR 2000 EAC Meeting PL~D-99-29 Page 2 of 6 March 1, 2000 Vii PROJECT DESCRIPTION: The applicant requests to rezone the propert?' in question to Planned Unit Development (PUD) to allow for a maximum of 300 recreational vehicle units and/or resort homes for a density of 2.97 umts per acre. This PUD will also provide accessory facilities such as pools, fitness facilities, tennis courts, and clubhouse and community buildings. There is also a proposed convenience store open only to the property owners and guests with an area no larger than 15,000 square feet. Approximately 39 acres of the site will be devoted to open space, preserve and lakes. The preserve area will allow boardwalks, landscape buffers, nature trails and shelters. GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located Uathin the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan, specifically the property is located in the Urban Coastal Fringe area. Areas within the Urban Coastal Fringe area are eligible for rezonings to a maximum of 4 dwelling units per acre. The property in question is located within the Traffic Congestion Area; therefore, one unit per gross acre is deducted from the base density of 4 dwelling units per acre. According to the growth Management Plan, this property is eligible to 3 dwelling units per acre. The requested density on this property is 2.97 dwelling units per acre, which is consistent with the Code requirements. The Future Land Use Element of the Growth Management Plan states recreational vehicle parks are allowed within the Urban Designated areas at a density consistent with the LDC, provided the site has direct access to a road classified as an arterial and the use will be compatible with surrounding uses. These criteria are met; therefore, this project is consistent with the requirements of the Growth Management Plan. M~JOR ISSUES: Water Management: Champion Lakes will be permitted by the South Florida Water Management District because of its size and the impact to wetlands. However, since the project is within the limits of the Deltona Settlement Agreement, the engineering stipulations set forth in that agreement will govern how the project is developed. The water management system consists of two lakes which accept runoff from the site and 'provide water quality retention and peak flow attenuation. The lakes AP . 2000 EAC Meeting PUD-99-29 Page 3 of 6 .March I. 2000 serve two separate basins, one of which discharges into an easement and the other into the preserve. Environmental: Site Description: The subject property, is vegetated Vath a mixture of wetland and upland habitats. Vegetative communities on site include hydric and non-hydric pine flatwoods, cypress/pine, palmetto prairie, maidencane/cattail marsh, wet prairie, Brazilian pepper/mixed hardwoods and Brazilian pepper/wax mvrtle/willow. Seasonal high water elevations in the wetland areas were determined by' using water and lichen lines on various trees. These levels varied between 0 and 6 inches above ground level. These levels were surveved at the time of the jurisdictional wetland survey and vaned from 3.6 feet NGVD to 4.0 feet NGVD. Four soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These include Malabar fine sand (Unit 3), Oldsmar fine sand (Unit 16), Holopaw fine sand (27) and Urban land (Unit 32). Two of the soil types found on site, Malabar fine sand (Unit 3) and Holopaw fine sand (27), are listed as hvdnc soils by the NRCS. A map showing the locations of' the soils on site. along with descriptions of each soils D'pe are included as attachments in the environmental impact statement (EISL Wetlands: Jurisdictional wetlands total 64 percent (64.26 acres) of the 101.15 acre project site. These consist of 31.62 acres of pine/cypress mixed forest. 20.89 acres of hydric pine flatwoods~ 4.80 acres of mixed wetland hardwoods, 1.35 acres of maidencane/cattail marsh, 2.20 acres of wet prairie, and 2.14 acres of Melaleuca. A brief summary of the major flora within these wetland areas is found on page six of the ElS. Approximately 57.30 acres (89°.,/o) of the on-site wetlands will be impacted and lost through the proposed development of the property. The remaining 11% of the wetlands will be enhanced through removal of the exotic vegetation (mainly downy rose-myrtle and Melaleuca). The hydroperiod will be maintained by an on- site control elevation of 3.0 feet NGVD that will contribute flows into the wetland. The hydric pine flatwoods community requires seasonal saturation of the soil with periodic inundation and the control elevation of the project should serve to provide the hydrology necessary to support the preserve wetlands. The connection of this wetland to the adjacent off-site wetland system will affected. / ,PR ii 2000 EAC Meeting ........... PUD-99-29 Page 4 of 6 March 1, 2000 Non-jurisdictional areas total approximately 36.89 acres. These areas include 23.31 acres of abandoned farm fields that are now a Brazilian pepper/wax mvrtle:willow thicket, 4.83 acres of pine flatwoods, and 5.21 acres of palmetto prairie. A brief summary, of the major flora within each of these vegetative communities is found on page nine of the EIS. Preservation Requirements: The subject property, is identified as a "proposed construction area" in the Final Environmental Impact Statement by the U.S Army Corps of Engineers for the Deltona Corporation and as a "residential/mixed use" area in the Stipulation for Dismissal and Settlement A~eement for the Deltona Corporation. Since the County. is a signatory, to the Settlement Agreement and because preservation lands have already been set aside pursuant to the A~eement, no additional preservation ~s required by the Count,,' for this project. According to the site plan, 87.76 acres (87%) of the 101.15 acres on site will be cleared or topographically modified in some manner. Approximately 13.39 acres (13%) of the site v,411 remain in preserve and buffer areas. Listed Species: A threatened and endangered species survey was conducted according to Florida Fish & Wildlife Conservation Commission guidelines. The survey was conducted over a 15 day period from July' 15th to July 30th of 1999 with a total of 36 hours spent on site, evenly' divided between early morning (6:00am-10:00am~, midday (10:00am-2:00pm) and evening (4:00pm-8:00pm) sessions. There were no observations of any threatened or endangered species dunng the survey, however, several protected wading birds were observed foraging along the perimeter canals and one small American alligator was seen in the canal just north of the project. Wading birds seen along the canals included white ibis tEudocimus albus), wood stork (Mycteria americana), little blue heron (E~etta caerulea) and snowy egret (Egretta thula). No other listed wildlife species were observed on or adjacent to the subject property. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-99-29 "Champion Lakes RV Resort PUD" with the following stipulations: EAC Meeting ........................................... March i. 2000 PUD-Og-29 Page 5 of 6 Water Management: Prior to submittal of any final construction drawings, the developer's engineer will submit, for approval, proof that the proposed offsite discharge route can legally and physically accept the design runoff from the site. Prior to Site Development Plan approval, the developer shall obtain a South Florida Water Management District permit for the site. Environmental: No additional stipulations. PREPARED BY: ~TAN CHRZ~OW~KI. P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DAT~ AG4-r_NOA ITEM 1i 2000 EAC Meeting .............................. March 1, 2000 PUD-99-29 Page 6 of 6 THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER RONA5 :D F. NINe), A~ CURRENT PLANNING MANAGER DATE ~, AICP PLANNING SERVICES DIRECTOR DATE .APPROVED BY: VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT ADMINISTRATOR & ENVIRONMENTAL DATE SERVICES SL/gdh/c:ChampionLakesStaflReport APRil 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER ADOPTING AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-111, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; AMENDING SECTION SEVEN, CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE, TO PROVIDE FOR THE REDUCTION OF THE SIZE OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE; AMENDING SECTION ELEVEN, OFFICERS; QUORUM; RULES OF PROCEDURE, TO PROVIDE FOR A REDUCTION IN THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM TO CONDUCT BUSINESS AND TO TAKE ACTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABII. ITY; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE' To request the Board of Counly Commissioners to approve an Ordinance amending Ordinance 90-111, as amended, to reduce the membership, quorum and voting requirements of the Pelican Bay MSTBU Advisory Committee. CONSIDERATION: At the February 2, 2000 meeting of the Pelican Bay MSTBU Advisory Committee. the Committee discussed amending the Ordinance creating the Pelican Bay Municipal Taxing and Benefit Unit Advisory Committee, to reduce the size of file Advisory Committee from thirteen (13) to eleven (11) members, which would reduce the quorum requirement to six (6) members, and the number of votes required to transact business to a majority of those present, except an affirmative vote of seven (7) or more members present shall be required to adopt the budget for the Pelican Bay Municipal Service Taxing and Benefit Unit. This downsizing can be accomplished with relative ease as there are presently two unfilled positions on the Comrnittee. FISCAL IMPACT: None GROYVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count)' Commissioners approve an Ordinance Amendment to amend Ordinance 90-111, as amended, thereby reducing the size of the Pelican Bay MSTBU Advisory Committee to eleven members and reducing the voting and quorum requirement accordingly, q ~'- /, .' '//' PREPARED BY:. 51 J~es P. Ward , D~nt Di/r. ec~ APPRO\,,ED B~..)%/:'/' /'~ifwafi~N. Fin/ "' ; Inte~m PUt~I~ Works Administrator b. GENDA ITEM No..'.;: 'c'~ APR 1 1 2000 / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NOW ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-111, AS AMENDED, ~'HICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; AMENDING SECTION SEVEN, CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE, TO PROVIDE FOR THE REDUCTION OF THE SIZE OF THE i'ELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE; AMENDING SECTION ELEVEN, OFFICERS; QUORUM; RULES OF PROCEDURE, TO PROVIDE FOR A REDUCTION IN THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM TO CONDUCT BUSINESS AND TO TAKE ACTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVEILABILITY; AND PROVIDING FOR AN EFFECTIVE DATE: THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 24 25 26 27 28 29 30 31 32 33 SECTION ONE. Amendment to Section Seven of Collier County' Ordinance No. 90-111, as amended. Section Seven of Collier County, Ordinance No. 90-111, as amended, is hereby amended as follows: SECTION SEVEN Creation of the Pelican Bay' Municipal Service Taxing and Benefit Unit advisory Committee. Concurrent with the passage of the Ordinance, a thigeen ,.~, an eleven 34 35 (l l) member advisory committee ~known as the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee (hereinafter "Committee"} is 36 hereby created. 37 38 39 4o SECTION T~VO. Amendment to Section Eleven of Collier County Ordinance No. 90-1 1 1, as amended. Section Eleven of Collier County Ordinance No. 90-1 1 l, as amended, is hereby, 41 amended as follows: 42 SECTION ELEVEN Officers; Quorum; Rules of Procedure. 43 A) At its earliest opportunity, the membership of the Committee shall elect a 44 Chairman and Vice Chairman from among the members. Officers' terms shall be for one 45 (1) year, with eligibility' for re-election. 46 B) The presence of sc;'en (7; six (6) or more members shall constitute a quorum 47 of the Committee necessary to take action and transact business. In addition, an AGENDA ITEM. 48 affim~ativc ,,'otc of a majority of the members present shall be necessary' in order to tfll~c t.a, (d ~ ( ' APR ! 1 200e Words underlined are additions, v, ords slruek throagh are deletions. 6 7 8 9 I0 11 12 13 1.4 15 16 I"' IS 19 2O 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 38 action, except that an affirmative vote of seven (7) or more members present shall be required to adopt the Budget for the Unit. C) The Committee shall, by majority vote of'the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. SECTION FOUR. Inclusion in Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the ordinance may be renumbered or relettered to accomplish such, and the word "ordinance: may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Conflict and Severability. hi the event this Ordinance conflicts v,'ilh any other ordinance of Collier County or other applicable law, tile more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect tl~e validity of the remaining portion. SECTION SIX: Effective Date. This Ordinance shall become effective upon filing with tile Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ., 2000. ATTEST: D\VIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: County ,A. tlomey 2 '~Vords underlined are addilions, words stvuekqbrm}gh are (lelehons. Fg~ O_.~t[ECTIVE: Consider a. doTti:qg ffJs '--!gur~iy'~ Lvihai Yeitow Ozdinance to make its application ~P4SIDE..RATIONS: Thc F.~'cposed aoc,:,:i~x, cm3 ~o ti~¢ Or&nm'ice accomplish the following (I) Shorrorfing cerlam rosponss (2) Autho~dng ~hc coun;:y m ;~ba~'c~ ,h~sc ~,u~:'~.~' c-:~ at it3 costs if deemed iv [,e cost-justified by in- (4.) Removing ~c:-~rcemtivn (5) Prohding ~mi ozrtain hca~in3s are ~o ha; hehl by ~ Code Enforcema~ Board raffler than the Bond of County Corraosaioi~ers. (6) Up-dating provisions of Tho current Ordinance prm4de: 'd~a ih~; p!:..~,, di:;¢,:~c 5aown a0 ].,¢ih~,l Y;r;i!ow.'~n[;, v.,l~ch effects ~hi~:y (30) plant specie~: aud spsc~a,,dlv .?:;~c'hu Coconut palm i~rcc:, po:.,:.~; a Great of subs~tiat damage to, and ios3 of property, aad ~h¢ L?i~;i 3-:.iiowing disease iz con:~d.?r~d a:,n, "emergency" as rk:aned' in Chapter 252, !'lormc:' :~~.e:'"~.,~...,,::..~"=' 7'~-,-.. ,,.~ ;~rma'..' Orcimaitca i3' ,.:;~..~.pc- .... on;;hy difficult, time ~,~.C'AL II~Prf~?:.L. Tiia: propo:;ed o:,'cli:,pqc.s a,v, endmcms will maff>i a savings in postage and ~>rocsssing Lethal Yellow diseass i,. cocm~uX p.;,[;~,-{; c,i },e:-m~cc,ed ' "-'- 1 2 3 ! 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDINANCE NO. 2000- AN ORDINANCE OF COLLIER COUNTY: FLORIDA, .~M[ENDING .... GLAI t.,.. OF ORDINANCE NO, 89-69, AS AMENL;~....., REG,-MP. DING '"'r~ .... xa COCONUT PALM TREES AGAINST LETHAL YELLOWING DISEASE; SHORTENING CERT.&IN RESPONSE TIMES FROM THIRTY (30) DAYS TO FIFTEEN (15) DAYS; PROVIDING FOR ADDITIONAL MEANS OF NOTICE; AUTHORIZING THE COUNTY TO ABATE THESE NUISANCES AT ITS COSTS IF DEEMED TO BE COST-JUSTIFiED BY IN-HOUSE COSTS-BENEFITS A~NAYLSIS; PROVIDING THAT THIS ORDINANCE IS NOT ,APPLICABLE WITHIN ANY MUNICIPALITY THAT HAS THEN ADOPTED ITS OX,~q'g' LETi4.A.L YELLOWING ORDINANCE; REMOVING INCARCEILa. TION AS A POSSIBLE PENALTY; PROVIDING THAT CERTAIN HEARINGS ARE TO BE HELD BY A CODE ENFORCEMENT BOARD RATHER THAN THE BOARD OF COUNTY COMIVIISSIONERS; UP-DATING PROVISIONS OF NOTICE FORMS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABII.ITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, ~hc plant disease known as Lethal Yellowing affects over thirty (30) plant 22 species and specificall> attacks the Coconut palm (Cocos nucifera) and the Christmas palm 23 (veitchia memillii), th~:rcby posing a continuous and dangerous threat to the existence of the 24 Coconut palm as a viable plant species; and 25 WHEREAS, Lethal Yellowing poses a threat of substantial damage to and loss of 26 property, and as such, the threat thereof is considered an "emergency" ,-s defined in .Chapter 252, Florida Statutes; and WHEREAS, the loss and destruction of the Coconut palm would constitute an ecological 29 disaster as well as an aesthetic and economic loss to the citizens and residents of Collier 30 County; and 31 32 WHEREAS, preventive injection of Coconut palms with antibiotics is the only know and recognized method of suppressing the Lethal Yellowing disease, and results in the remission or stopping of the Le~,l',a] Yt:llowing symptoms; and 34 WHEREAS, the continued health of existing Coconut palms promotes the economic 35 welfare and general prosperity of Collier County, and the welfare of the public would be best 36 served by a mandatory iniection and preservation program to treat and protect the Coconut 37 palms currently existing x~ ithin Collier County; and 38 WHEREAS, Collier County has plenary power to abate public nuisances that affect the 39 residents and citizens of Collier County; aha 40 WHEREAS, the County hereby desires to shorten response times, provide for additional ~.1.. forms of notice to owners, and authorize the County to elect to abate these nuisances at its own costs if cost justified based upon in-house cost-benefits analysis. 1 NOW, THEREFOR. E, BE IT ORDAINED BY THE BOARD OF COUNTY ,2 COM~,'EISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No 3 89-69 as amended, is hereby further amended to read as follows: 4 SECTION ONE: Title and Citation. 5 This Ordinance shall be known and may be cited as the "Collier County Lethal 6 Yellowing Disease Ordinance" ? SECTION TWO: Applicability. 8 This Ordinance shall apply to and be enforced in all areas of Collier County except in 9 each municipal corporation that has then adopted an Ordinance tO control the Lethal Yellowing 10 Disease bv removal of trees and"o~her similar remedial measures. 11 SECT1ONTHREE: Definitions 12 The following words, phrases or terms as used in this Ordinance shall have the following 13 meanings unless the context clearly indicates otherwise: 14 A. PUBLIC NU1S,~NCE: The threat of infection of Coconut palm trees (Cocas 15 nucifera) wit5 a plant disease known aa the Lethal Yellowing disease, is hereby declared to be a 16 public nuisance. All species of Coconut palm infected with lhe Lethal Yellowing disease or any 17 carrier of said disease are also hereby declared to be a public nuisance. 18 B. COCONUT PALMS: Means all Coconut palms of the species Cocos nucifera 19 except for those trees known as Malayan or Maypan Coconut palms. 20 C. EMERGENCY: Any occurrence or imminent threat thereof, whether natural or 21 caused by man, which results in or may result in substantial damage to and/or loss of property. 22 SECTION FOUR: Dcclara:ion of Lethal Yellowing Emergency. 23 Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and 24 formalities othe~m, ise required of political subdivis:ons in ord~:r ~'o ~5._' whatever ~.,.dent action 25 is necessary to ensure the health, safety and welfare of the community in the event of a state of 26 emergency, the Chairman of the Board of County Commissioners, or Vice-chairman in his 27 absence, or the County Manager in the absence of the Chairman and Vice-chairman is hereby 28 designated and empov,'ered to declare a local state of emergency in the event the threat of the 29 Lethal Yellowing disease is imminent and a quorum of the Board of County Commissioners is 30 unable to meet The determination that such an emergency exists in the case of Lethal 31 Yellowing shall be made upon the recommendation of the Public Services Administrator or 32 designee. 2 Words undcrlincd arc additions, words smack '~'ough are deletions. APR 1! 2000 I 1 SECTION FI~,T: Extunt of State Of Emergency. Upon declaration, the state of emergency from the Lethal Yellowing disease shall _, continue until a determinati,~n by the Public Sen'ices Administrator or designee that the threat or 4 danger no longer exists, a recommendation is made to terminate the state of emergency, and such 5 termination is approved by the Board. 6 SECTION SIX: Authorized Emergency Measures. 7 In addition to any other powers conferred by !aw, by thc, Publ!:. Servizes Ad..'>]nistrator or 8 designee, the Chairman of the Board of County Commissioners or Vice-chairman in his absence, 9 may order and promulgate all or any of the following emergency measures to be effective during 10 the period of such declared emergency, and with such limitations and conditions as he may deem 11 appropriate to protect :~g~,inst damage or loss ofproperty by Lethal Yellowing: 12 ~ Require the manda:oO' inoculation ofall Coconut palm trees in all areas designated by 13 the Public Sen'ices Administrator or designee for inoculation. 14 123 Require the removal of all trees infected by Lethal Yellowing, as determined by the 15 Public Se~'ices Administrator or designee. (3) Utilize all available resources of the County government as reasonably necessary to cope with the emergency, including expenditures not to exceed Twenty Thousand Dollars 1§ ($20,000.00) in any fiscal year, for the survey of the existing Coconut palm tree population, the 19 inoculation of County-owned Coconut palms, the inoculation of privately-owned Coconut palms 20 in non-compliance with this Ordinance, the removal of infected tre~.s .'n C.qunty-ow'ned property 21 and on private property when the owner has failed to comply with owner-mandated innoculation, 22 removal or ot}'~er obIi~zations mandated under this Ordinance, and other reasonable costs 23 pursuant to the impiemer, tation of this Ordinance. 24 ~ Notwithstanding any other__provision of this Ordinance the Public Services 25 Administrator based on in-house cost-benefits analysis, may have suspected trees inoculated (or 26 have such trees removed) in lieu of mandatinq such inoculation and/or removal by the 27 landowner. 28 (5) Curtail the transportation of Coconut palms into or out of Collier County. 29 SECTION SEVEN: Designation of Areas of Mandatory Inoculation. The areas in which mandatory inoculation is required shall be designated on the basis of the presence of trees infected by the Lethal Yellowing disease or the imminent threat of infection 32 from Lethal Yeilox~ing as determined by the Public SeFvices Administrator or designee. The 3 Words underlined are additions, wa:cl.:~ ,;t;uek ~;z~,.}gh ~r:, '~:!:dc ns. 1 boundaries for the areas requiring mandatory inoculation shall be set by the Public Services 2 Administrator or designee. 3 SECTION EIGHT: Uniax~:~l Activities and Mandatory Inoc, dations 4 (a) Upon declaration of an emergency, it shall be unlawful for any owner of any parcel of 5 land within Collier County and within an area designated for mandatory inoculation to keep or 6 maintain an), Coconut palms without providing inoculation and treatment fo~ _of same as 7 approved by the Public Services Administrator or designee. 8 (b) If inoculation by the owner is mandated, it shall be the duty and the responsibility of the 9 owner of any such property or parcel of land to have inoculated any and all such trees with an 10 antibiotic approxed I~y the Public Services Administrator or designee. 11 (c) Such inoculations shall be performed three (3) times a year, every one hundred to one 12 hundred and twenty (100-120) davs,, with inoculations to begin within thimy ~wr'~r'~ fifteen (15) 13 days of public notification of mandatory inoculation. Trees which were inoculated within ninety 14 (90) c~ays prior to public notification of the state of the emergency may continue inoculations at 15 inter~'als of one-h~ndred to one-hundred twenty (100-120) days from the last inoculation, 16 provided proof of that inoculation is given to the Public Services Administrator or designee 17 within thirty (30) days after public notification. 18 SECTION NINE: Pubh~ Nonce. 19 Fifteen (15) dfiri~-(40) days prior to the required owner-mandated inoculation periods as ..... ed-i,, Sec4ion .~Nine, the County Manager of Collier County is hereby i~uthorized dircctcd 21 to place a public notice in a paper of general circulation published within Collier County, in 22 order to inform the property owners of their duties and responsibilities under this Ordinance. 23 Such notice shal! be in substantially the following form: 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 NOTICE OF REQUIRED INOCULATION OF COCONUT PALMS Pursuant to Ordinance No. 89-69, as amende¢ of Collier County, Florida, all owners of any lot or parcel of land within the following designated geographic boundaries: are required to inoculate all Coconut palm trees (Cocos nucifera) located on their lot or parcel of land. This inoculation may be done by any con:factor designated or approved by the Public Services Administrator acting on behalf of any property owner and using an antibiotic approved by the Public Services Administrator, or designee. Those indMduals who d:, :tot wish *o ava~: then, selv¢:, of a certified inoculation contractor may inouclate their trees them selves with material and techniques which have been approved by the Public ScrMces Administrator or designee. Every Coconut palm trec whhin the geographic boundaries shall be inoculated and 4 Words underlined are additions, words struck t.~.-o-".gh are deletions. 1 2 7 8 9 10 11 12 the inoculations are to be performed within thi~y,,-wt'~n'~ fifteen (1. 5). days t?om the date of the publication of this notice in a paper of general circulation ir Collier Count3', Florida. Those Coconut I>~ -rq~- c::rrcntly on an inoculation program ar;d whose most recent inoculation was w/thin ninety (90) days of this public notification may maintain their current inoculation schedule as long as .written proof is provided to the Public Services Administrator of the last inoculation SECTION TEN: Liability of Owner for Costs. Within the time period referred to in Section Nine for owner-mandated inoculation of 13 Coconut palms, the owner of the parcel of land on which said trees are located must himself 14 inoculate or make provision for inoculation of his trees by contractors who have been approved 15 by the Public Services Administrator or designee to provide the treatment necessary to abate the 16 Lethal Yellowing disease. 17 (b~ If the owner fails to provide for inoculation, me owner of any parcel oflano opon which 18 palm trees are located shall be. liable for the expenses incurred by Collier County, its agents or 19 contractors, in treating the affected Coconut palm tree or trees. 20 SECTION ELEVEN: Inoculation By Owner. 21 fa') Any prope~%.: owner may at u,y time inoculate his/her own trees; provided, howevcr, i_f any such inoculatio~ ~s made at}er the Public Service Administrator has decided that such 23 inoculation is required, the antibiotic and treatment procedures used must be approved by the 24 Public Ser~'ices Administrator or designee. 25 ~ All property owners x~ho inoculate any tree(s) after th~ Publi~: $~rvice Administration 26 has determined such inoculation is required must, within ten (10) days of having the treatment 27 performed, submit to the Public Services Administrator or designee written proof of purchase 28 for materials and equipment used in this treatment, and an Affidavit of Compliance in 29 substantially the £ollowing tbrm: 30 Affidavit of Com;',Eance 31 32 33 34 35 36 37 38 STATE OF FLORIDA COUNTY OF COLI.IER FWe, _, the record owner(s) of property situated at (legal description or street address) hereby att. ;t that on , (date of injection). I/We injected or had injected (No. of trees) Coconut palm trees (Cocos nucifera) located on the aforesaid property, in accordance with the procedures approved by the Public Services Administrator or designee. I further attest that thc receipts attached hereto are offered as proof of 5 \Vords u~::L'rhned arc additions, v, ords ...... ~,~.~,h are deletions. 1 purchase of the materials and eqaipment used in 2 treatment of' all Coconut palm trees. 4 FURTHER, AFFIANT SAYETH NOT. 5 6 S\VORN TO AND SUBSCRIBED BEFORE ME this __ day 7 of __, 49 20 8 9 Notary Public l0 My Commission Expires: 11 12 SECTION TWELVE: Determination Of Compliance With Owner-ManOateql Inoculation. 13 ~ All contractors approved by the Public Services Administrator or designee to inoculate 14 Coconut palms (Cocos nucifera) and participating in inoculation must submit a list of inoculated 15 trees within five (5) days of inoculation to the Public Services Administrator or designee. These 16 lists should include name of property owner, address, number of Coconut palms located on the 17 property, and ti~e u~':::bcr of Coconut palms inoculated. Failure to notify the Public Services ] 8 Administrator or designee of alt inoculations may result in loss of inoculation certification bE 19 that contractor 20 bO.) After thc thirLv (3(.3) fifteen (15) day time period described in Section Ten for compliance 21 with provisions of Section Twelve and Thirteen, the Public Services Administrator or designee 22 shall make a determination of, and compile a list of, those individuals owning land or parcels of 23 property within Collier Count3' upon which Coconut palm trees (Cocos nucifera) are located and 24 who have not complied with the provb[c, ns owner-mandated requirements of this £ectic, n 25 Ordinance or have not submitted an Affidavit of Compliance p;:r;uant tv, Sectic. n Twc!vc a~ 26 required herein. Upon com.~iiing the list of'non-complying property owners, the Public Services 27 Administrator or designee, shall then cause to be mailed by certified mail, return receipt 28 requested, or by fi~.c;imile, or by e-mail or by newspaper publication, a notice to those property 29 owners who have failed to comply with owner-mandated actionfs) required by the Public Service 30 Administrator or other fl~e provisions of this Ordinance in substantially the following form: 31 NOTICE 32 TO: 33 34 ADDRESS: 35 36 37 38 39 40 41 PROPERTY: You, as the owner of record of the property above described, upon which Coconut palm trees are located, are hereby notified that pursuant to Collier County Ordinance No. 89-6°. as amended the Public Services Administrator or designee, on the day of , -t9 2000, has determined that a threat to 6 \Vords unti,zrlined are additions, ' ..... b.~. ..... k ;~ ords .......... ... are deletions. 1 property exists upon such property caused by the existence of Coconut palms, 2 in number, susceptible to being infected with the Lethal Yellowing ~ disease. ., YOU ARE HEREBY NOTIFIED that you must abate this threat to public 6 proper~y within ten (10) days by having said Coconut palm or palms treated with 7 an antibiotic approved by the Public Services Administrator or designee, failing in 8 which the Board of County Commissioners of Collier County will have it done 9 and the cost thereof will be levied as an assessment against such property. 10 ] 1 (c) If the property owner or someone in his behalf has not abated the threat to property 12 described in said Notice within ten (10) days from the date of the giving of Notice as aforesaid, 13 the County shall forthwith abate the same and enter upon the property and take such steps as are 14 reasonably required to elt'ect abatement. 15 SECTION TH1R. TEEN: DisposaI of Lethal Yellowing Infected trees. 16 (a) It shall be unla:~t'ul for any owner of any parcel ofland within Collier County to permit 17 to remain on said prope~xy any tree infected with Lethal Yellowing. Trees determined to be 18 infected with Lethal Ye!lowing by the Public Services Administrator or designee must be 19 removed and disposed of by burial at the County Landfill within ten (10) clays of notification to 20 the owner, lfthe County does not decide to remove such tree(s) at the County's costs, .~q-g notification to property owners shall be mailed by certified mail, return receipt requested, or by facsimile, or by e-mail, or b&' newspaper publication in substantially the following form. 23 TO: 24 25 ADDRESS: 26 PROPERTY: 27 You, as the owner of record of the property above described, upon which Coconut 28 palm trees are located, are hereby notified that pursuant to Collier County 29 Ordinance No. 89-69 as amended the Public Services Administrator or designee 30 on the ___ day of ,4-9 2000, has determined that a threat to 31 property exists upon such pi-operty caused by the existence of Coconut palms 32 susceptible to being infected with the Lethal Yellowing disease. 33 YOU ARE HEREBY NOTIFIED that you must abate this threat to public 34 property within ten (10) days by having said Coconut palm or pahns removed and 35 disposed of at the County Landfill. Failing in which, the Board of County 36 Commissioners of Collier County will have it done and the cost thereof will be 37 levied as an assessment against such property. 38 39 (b) If infected trees have not been removed by owner '.~'ith!n ten ('.'~) da~'s of~,~.q'.ication, the 40 Count) shall forthwith abate the nuisance and shall, through its employees, servants, agents or 41 contractors, be authorized to enter upon the property and take steps as are reasonably required to effect abatement. 7 Words tm(!vrlincd arc additions, words struck hhrough are deletions, 1 SECTION FOURTEEN: Assessment For Abating Nuisance, 2 (a'} After kVithi~-thi~:ty-(¢O/da;,,s of abatement of the nuisance by the County, the cost thereof 3 to the County as to each parcel shall be calculated and reported to the Board of County 4 Commissioners. Thereupon, the Board of County Commissioners, by resolution, shall assess the 5 cost against such parcel. Such resolution shall describe the !znd and show the cost of'abatement, 6 including administrative costs actually incurred by the County with respect thereto. Such 7 assessments shall be legal, valid, and binding obligations upon the property against which made, 8 until paid. The assessment shall become due and payable thirty (30) days after thc mailing 9 receipt of any written form of actual notice of assessment, or posting S'0ch notice on the properly_, 10 after w'hich interest mb:dj acc:ac at the rate of twelve percent (12%) per annun: on m~y unpaid 11 portion thereof 12 (b~ The clerk si:ail m:dl a notice to the record owner or owners of each of said parcels of land 13 described in the resolution, at the last available address for such owner or owners, which notice 14 may be in substantially the following form: 15 NOTICE 16 TO: 17 ADDRESS 18 PROPERTY: 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 You, as the record owner of the property above described are hereby adviseo that Collier County, Florida, did, on the __ day of ,4-9 2000, order the abatement of a certain nuisance existing on the above property, sending you notice thereof, such nuisance being Coconu~ palm tree(s'} requiring inoculation against the lethal vellowine disease. A copy of such notice has been heretofore sent you. Yoa failcd to abate such nuisance; whereupon, it was abated by Collier County at a cost of S Such cost, by resolution of the Board of Count>' Com.':aissioners of Collier County, Florida, has been assessed against the above p;-opcn> on , 2000, and shall become a lien on the property thirty (30) days a~'ter such assessment. You may request a hearing before the t~a[d-o£-C-ount~-on,missionees a Code Enforcement Board to show cause, if an>,, x~hy the expenses and charges incurred by the County under this Ordinance are excessive or un~arranted, 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, in writing, within thirty (30) days from the date of assessment. lc) If the owner fails to pay such assessment within thirty (30) days after said assessment has 37 been made, the Board of County Commissioners shall cause a certified copy of the assessment 38 resolution to be filed in the office of the Clerk of Courts in and for Collier County, Florida; and 39 the assessment shall constitute a lien against the property as of the date of filing such copy with 8 Words tmd?rlincd are additions, words st:ack *~-ough are deletions. 1 the Clerk of Courts and shall be collectible in the same manner as liens for non-payment of .,..2:. property taxes. .(.dj Collection of such assessments, with interest and a reasonable attorney's fee, may also be 4 made by the Board of County Commissioners by proceedings in a court c, fcquity to foreclose the 5 lien on the assessment in the manner in which a lien for mortgages is foreclosed under the laws 6 of Florida; and it shall be lawful to join in any complaint for foreclosure of one or more lots or 7 parcels of land, by whomever owned, if assessed under the provisions of this Section. The 8 property subject to lien may be redeemed at any time prior to sale by the owner by paying the 9 total amount due under said lien, including interest, court costs, advertising costs and reasonable 10 attorney's fees. ] ] SECTION FIFTEEN Right to Hearing on Assessment. 12 1~ Within thirty (30) days oftt~e date of assessment, any owner shall have the right to 13 request a hearing before theq¢oar4~f County Commissars a Code Enforcement Board to show 14 cause, if any, why '.;",c expcr~ses and charges incurred by Collier County under this Ordinance are 15 excessive or unwarranted or ~hy such expenses should not constitute a lien against said 16 property; hox~ ever, notl:ing contained in this Section is to be construed to disturb or permit a review of the der cr~:,.i nat io n by-theq~oar-d of the existence of the public nuisance under this 18 Ordinance. 19 L~ Public hearings under this Ordinance shall be held Ly tlc ~L,.,dc ~nforc~h:'~nt Board of 20 County Commi-ssione~s upon written application for hearing made to the Code Enforcement 21 Department within thirty (30) days after date of assessment described above; and an application 22 for hearing, properly filed, shall stay the recording of the assessment until a hearing has been 23 held and a decision rendered by tl~ ~3oard. 24 ~ If after said hearing ,,he that Board determines that the assessment is fair, reasonable 25 and warranted, the assessment resolution will be recorded forthwith. If the Board determines 26 that the charges are excessive or unwarranted, it shall direct t~e Caunty Manager tc re, repute 27 that the charges be recomp~ted or eliminate them altogether, as the evidence warrants. 28 SECTION SIXTEEN: Service of Noti:e. 29 (a) The requirement of notice under the provisions of this Ordinance shall be met if such 30 notice is mailed by registered or certified mail, return receipt requested, to the owner at the address indicated on tile records of the Collier County Property Appraiser of such lot or parcel of 32 land for ad valorem taxation l.'t~rposes, or bv facqin,ilt, by e-m2jl.~o_r ,:y ..n¢~3papcr pt.blication 9 \Voids t~d,-rhncd arc additions words stpdck '~'ough are deletions. 1 and shall be deemed served when mailed sent. However, ifthe mailed notice is returned to the 2 postal authorities, d~en th~ subject notice shall be adequately given if any form of written notice 3 is actually received by the owner, or if published once a week for two ~nsecutive weeks in a 4 newspaper of general circulation in Collier County and a copy thereof~ posted on the prope~y 5 in question. Failure ef such owner to receive such newspaper notice or posted notice shall not be 6 deemed to be a defense to any legal proceedings implemented under this Ordinance. In addition 7 to the foregoing, if there is an occupied dwelling on such lot or p~cel, a copy ortho notice 8 required b~ this 8~ Ordinance shall be se~ed upon the occup~t of said building by mail, or 9 personal se~'ize, or bv~ posting a copy ofthe notice in a con~p:c'm-q~ .... -,~1~'~ ..... upon the property. 10 (b) If the mailind ad,ross of the owner is not known, then se~,ice of notice on any occupant 11 in possession small bo s~zELcicnt, lfthe mailing address of the owner is not ~own and the 12 property is unoccu?ied, tSe :ecluiremcnt of~ such notice u~eHhe pr~s~gthi~i~n 13 shall be met if such notice is posted on such lot or parcel. 14 SECTION SEVENTEEN: Penalties 15 (a) If any person Gils or reihses to obey or comply with, or violate any of the provisions of 16 this Ordinance, such person, upon c~bqction a finding of such sffense violation, shall be 17 of a misdcmea~halPt~ punished by a fine not to exceed Five Hundred Doll,s ($500.00) 18 for each violation o~mphsmm~en~ot ....... ,~ ,~ Sixty ~z~n~ ~,jo ~ .... ,.,;" *u~,,.~ County jal!, ~,~- 19 t~c d[screti~h~m,~. Each violation or non-compliance :Sall may be considered a sep~ate 20 and distinct offense. Further, each day of continued violation or non-~mpliance shall may be 21 considered as a separate otl~nse. 22 (b) Nothing herein contained shall prevent or restrict the County from ta~ng such other 23 lawful action in a~:', cot:r: of competent jurisdiction as is necessa~ to prevent or remedy any 24 violation or non-vc~:n:;)lixn~c 5~ch other lawful actions shall include, but shall not be limited to, 25 an equJtable action fc.: injunctive relief or an action at law for damages. 26 (c) Further, nothing in this Ordinance shall be construed to prohibit the County from 27 prosecuting any violation of this Ordinance by means ora Code Enforcement Bo~d established 28 pursuant to the authority of Chapter 162, Florida Statutes. 29 (d) All remedies and penalties provided for in this Section shall be cumulative and 30 independently available to the County and the County shall be authorized to pursue ~y and all 31 remedies set fo~h in this Section to the ~11 extent then allowed by law. 10 Words t:r:dcrlincd are additions, words struck ~Srough are deletions. SECTION EIGliTEEN: I~:cic~sio!l iii thc Code of Laws and Ordinances. The pro~ is/o::: o:'il;:> Oldinancc shall become and be made a part of the Code of Laws and Oldinancc oi'C,,!li:::' Co~::ity. Floi'idu. Thc sections of the Ordinance may be renunibered or re-lettered to accc;:iplisli s~:c!i, aiid thc word "ordinance" may be changed to "section," "article," or any other apl)~ei)riatc we:d. SECTION NINETEEN: O,~nflict and Severability. In the cvcnt t2:i5 Or al:nat!cz: con!licts with any other ordin~ce of Collier County or other applicable lay,, ti:c ~: _~rc rcsu ictix e shall apply. If any pl~ase or portion ofthis Ordinance is held invalid or ~nconstitcztio~x~l b> zu'y court of competent jurisdiction, such po~ion'shall be deemed a separate, di=ti:~ z: a:_i i::Jci,.z::dc:xt prox ision and such kolding shall not effect the validity ol'tlio This C:,i2~::~z,cv >,:7::Ii b;comc clTcctive upon receipts of notice fi'om the Sccrctary o~' State that this Ordinx:~:c 5as bcz:t Elcd with the Secreta~ of State. PASSED .-XND DL'ZT .~OPTED by the Board of County Commissioners of Collier Count), Florida, thi~ ..... day of ,2000. ATTEST: DV,'!GI-tT E BRC,',.?i'L C..: . 20 21 By: 22 Deputy C!c: i-: 23 24 Approved as to 25 legal sufficiency: 26 28 Thon\as C. 29 Assistant Coan:> BOrM{D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman 11 ','. o. d ~ ~::~ ::;!!q~._~'. a: c additions, v, ords $tmel:4!a'ou~i are deletions. EXECUTIVE SUMMARY TO CONSIDER ADOPTION OF AN ORDINANCE TO AMEND COLLIER COUNTY'S NOISE ORDINANCE, NO. 90-17, AS AMENDED; LOWERS TABLE I NOISE LEVELS APPLICABLE TO RESIDENTIAL, TOURIST RESIDENTIAL AND COMMERCIAL PROPERTY; ADDS TABLE II - MAXIMUM NOISE LEVELS TO BE TESTED BY OCTAVE BAND ANALYSIS; ADDS VIBRATION STANDARDS APPLICABLE TO RESIDENTIAL AND TOURIST RESIDENTIAL SITES AND UNITS; REDUCES BY FIVE DECIBELS ALLOWABLE SOUNDS WITHIN MULTI-FAMILY UNITS IN RESIDENTIAL USE; AMENDS PARTS OF SECTION F RELATED TO REGULATED MUSIC AND OTHER NOISE WITHIN CERTAIN UNITS IN RESIDENTIAL USE; REPEALS THE GRANDFATHERING PROVISION; PROVIDES FOR CONFLICT AND SEVERABILITY; PROVIDES FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDES FOR A DELAYED EFFECTIVE DATE OBJECTIVE: To have the Board of County Commissioners consider adoption of an Ordinance to amend Collier County's Noise Ordinance, Ordinance No. 90-17, as amended. CONSIDERATIONS: In 1999, the Board of County Commissioners requested that Staff review the County's Noise Ordinance and come back to the Board with suggestions how that Ordinance can be improved and updated. Staff has worked in cooperation with several County residents who are especially knowledgeable regarding local government noise ordinances. Staff has also retained an experienced consulting firm to advise Staff regarding all technical aspects of the Ordinance. Staff has reviewed noise ordinances from other local governments and has researched publications of the United States Environmental Protection Agency in conjunction with the National Institute of Municipal Law Officers (NIMLO) and others. All of the proposed amendments are well within the discretion of the Board of County Commissioners. Because of the technical nature of the subject matter of these regulations, this Executive Summary specifies effects of all significant substantive amendments. The proposed amendments result in the following substantive changes to Collier County's Noise Ordinance: Amends subsection A (6) (page 2) to clarify that the actual uses at sound-effected sites and units supersede the underlying zoning classifications. "AGENDA ITEM' 1 1 2000 Amends subsection (B)(1) (page 2) to clarify that throughout the Ordinance no sound violates the Ordinance unless the sound exceeds the background noise level at the location of the testing equipment by five (5) decibels or more. Also deletes the existing provision that allows offending noises to violate the applicable standards during ten percent (10%) of the time period being tested. Adds specifics to subsection (B)(1) (page 2) regarding locating testing equipment; specifies additional testing requirements. Amends subsection (B)(1) to require one (1) or two (2) downward decibel adjustments (to be credit to the potential violator) when the sounds as tested do not exceed the background noise levels by less than (9) decibels. Imprecision of testing equipment requires these downward adjustments to give the benefit of possible testing errors to each potential violator of the standards in the Ordinance. Amends Table I (page 3) by lowering decibels all Table I noise levels - applicable to residential, tourist residential, and commercial sound-effected sites and units. Eliminates the 1000 foot distance separation. Regarding maximum decibel levels, these amendments mirror the maximum residential and commercial sound-effected property levels specified in noise ordinances enacted by a .majority of one hundred seventeen (117) local governments according to information complied by the U.S. Environmental Protection Agency in conjunction with the National Institute of Municipal Law Officers (NIMLO). These amendments apply the reduced dBA levels at sites/units in residential use/zoning beginning at 7:00 p.m. instead of the current 10:00 p.m. The applicable time of day periods for tourist residential and commercial sites/units are not being changed. Adds (at page 4) a Table II to apply additional maximum noise levels for noises that are to be tested by analyzing nine (9) specified octave bands. Sounds to be tested are separated by filters into nine (9) generally recognized octave band center frequencies. To add precision to testing, these amendments require that octave band analysis is required whenever any sound being tested under Table I has a sound level that is lower than fifty-three (53) decibels, and all testing under the Table II standards. Octave band analysis facilitates more accurate test results whenever the sound level difference between any sound being tested does not exceed the ambient noise level by nine (9) decibels or more. Table II maximum noise levels for repetitive impulse noises that are not pure tones must be reduced by an additional seven (7) decibels at sound-effected residential and tourist residential sites/units from 7:00 p.m. until 7:00 a.m. At uch locations pure tone repetitive noises must be reduced by a total of five (5) decibels· Subsection (C)(2) - at page 4 - currently provides that during the hours from 7:00 a.m. through 10:00 p.m., the noise standards in Table I are to be increased at all sound-effected sites/units by ten (10) decibels for all impulse sounds, including repetitive impulse sounds. This proposed Ordinance amends subsection (C)(2) to apply this ten (10) decibel allowance · equally to the Table II maximum sound levels, but restricts this ten (~6) ~vl~h~A 10. 11. increase allowance to non-repetitive impulse sounds and terminates this allowance each day at 7:00 p.m. in stead of 10:00 p.m. All "repetitive impulse sounds" - which occur six (6) times or more in any hour - are excluded from this ten (10) decibel increase allowance. New subsection (B)(3) prohibits specified vibrations at residential and tourist residential sites and units from industrial, manufacturing or commercial devices or processes that exceed the respective vibration standards specified in original Table III. Amends subsection D to increase the allowable noise level measured outside' of multi-family residential dwellings from 50 decibels to 53 decibels to coincide with other standards outside of residential uses. The amendments also reduce the maximum allowed night time noise level from 50 decibels to 40 decibels for sounds that are measured inside of a residential unit in a multi-family dwelling structure. Also, the sources of such sounds are no longer limited to a "neighboring unit." Amends subsection F to lower the maximum standards applicable to regulated (annually permitted) music to apply the same maximum sound decibel levels as the decibel levels in Tables I and II apply to other sounds. These amendments also reduce the standards applied to regulated music from 45 decibels to 40 dBA when measured inside a unit in residential use or zoning, but not for units in tourist residential use or zoning. The amendments grant a five (5) decibel upward allowance for annually permitted music at sites and units in tourist residential zoning or use. The time periods applicable to regulated music continue to extend each day to 10:00 p.m. The amendments also (i) eliminate any distinctions between amplified and non-amplified music, (ii) eliminate outdated text related to 1993 commencement date for obtaining original permits for regulated music, and (iii) provide that the application fees to obtain a permit for regulated music can be changed by resolution of the Board of County Commissioners thereby eliminating need to amend the Ordinance merely to adjust those permit application fees. This Ordinance deletes the grandfathering exemption that applies to each site specific industry or business that was established prior to February 23, 1990 (the effective date of the Ordinance No. 90-17) and when the respective industry or business, when originally established, the respective industry or business was not then adjacent to any residential use or zoning, but which, prior to February 23, 1990, became adjacent to any residential use or zoning because of (i) rezoning of any adjacent property or (ii) by encroachment of residential development of adjacent property. The Ordinance provides for a delayed effective date to provide Staff time to purchase the testing equipment accessories needed to test-analyze octave bands and have the sound testers trained in the proper use of octave band testing equ] 3ment. AOEND,~ r'~"~-- AP2 I ! 2000 FISCAL IMPACT: The estimated cost to purchase additional testing equipment needed to enforce the proposed ordinance, as amended, is $13,850 (three meters at a cost of $4,385 each, plus associated software). The County's Consultants' estimate that the total cost to train employees in the proper use of all new testing equipment is $12,500, including preparation of training manuals. Therefore, the total estimated costs are $26,350. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS; That the Board of County Commissioners consider adoption of the proposed Ordinance to amend the County's Noise Ordinance, No. 90-17, as amended. SUBMITTED BY: Thomas C. Palmer, Ass't County Attorney REVIE%7ED BY: David C. Weigel, Coam~ Attorney DATE: ~'"' Pi* AGENDA ~ AP2 11 2000 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ORDINANCE NO. 2000- AN ORDINANCE AMENDING SECTION SlX OF ORDINANCE NO. 90- 17, AS AMENDED, THE COLLIER COUNTY NOISE ORDINANCE; BY AMENDING TABLE 1, A-WEIGHTED NOISE LEVELS; ADDING TABLE 11 OCTAVE BAND MAXIMUM ALLOWABLE SOUND PRESSURE NOISE LEVEL LIMITS, TO BE TESTED BY OCTAVE BAND ANALYSIS; ADDING VIBRATION STANDARDS APPLICABLE TO RESIDENTIAL AND TOURIST RESIDENTIAL SITES AND UNITS; AMENDING PARTS OF SUBSECTION RELATING TO MUSIC AND OTHER NOISE WITHIN RESIDENTIAL MUTLI-FAMILY DWELLING UNITS; DELETING THE GRANDFATHERING EXCEPTION OF SUBSECTION N OF SECTION SEVEN, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR A DELAYED EFFECTIVE DATE WHEREAS, with regard to noise emitted from m~y use or activity at any industrial, manufacturing ancL/or commercial facility, Section Six of Ordinance No. 90-17, as amended, (the Collier County Noise Ordinance) heretofore applied only to each such facility located within 1000 feet of properties in commercial, tourist, and,or residential use or zoning; and WHEREAS, the Board of County Commissioners hereby determines that it is in the best interests of the public health, safety and welfare that continuous, intemfittent, impulsive and/or other man~made noises generated by industrial, manufacturing and, or commcrcial facilities, except regulated music and related permits, shall not be linfited to facilities that are within 1000 feet of any property in tourist residential or residential use or zoning; and WltEREAS, with regard to noise emitted from industrial, manufacturing anckor commercial facilities, Section Six of Ordinance No. 90-17, as amended, did not heretofore factor the harmful and~/or annoying characteristics of specified noises, although such characteristics vau according to the frequency rm~ge (octave band) of the offending noise(s); and WHEREAS, the Board of County Commissioners hereby determines that it is in the best interests of the public health, safety mid welfare that potentially offending sounds usually be tested by octave bmod analysis pursuant to a new Table 1I being added to this Ordinance; and WHEREAS, the Board of County Comnfissioners hereby determines that it is in the best interests of the public health, safety, and welfare to prohibit at residential and tourist residential sites m~d units, specified vibrations generated by industrial, manufacturing and/or commercial facilities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE. AMENDMENTS TO SECTION SlX OF COLLIER COUNTY ORDINANCE NO. 90-17, AS AMENDED. Section SlX of Collier County Ordinance No. 90- 17, as amended, is hereby further amended to read as follows: SECTION SlX. MAXIMUM PERMISSIBLE SOUND LEVELS. A. Classification or Use Occupancy. For the purposes of defining "use occupancy" in the Ordinance, the following classifications shall apply. All premises containing habitually occupied sleeping quarters shall be considered residential use. 2o Premises containing transient commercial sleeping quarters shall be considered tourist use. 1 Words underlined are added; words :xizken '.kraugh are deleted. so. APR 11 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 4. 5. 6. All premises containing business where sales, professional, or other commercial use is legally pcmfitted sball be considered commercial usc. All premises where manufacturing is legally pennitted shall be considered manufacturing use. Nursing homes, hospitals, schools, libraries and church uses shall bo considered residential uses. Actual usels/of tile sound-effected site or unit being tested shall supersede tile zoning classification of the site and ~ ill cases of multiple use, the mere most restrictive actual use ~:ategoD' shall prevail supersede and control the zoning classification applicable to the site or unit. Each Pm;,' area sound-effected site not otherwise classified as to zoning, if any. shall conform to conm~ercial sound-level standards. B. Maximum Permissible Sound and Vibration Levels by Zonin~ Classification or Use Occupancy. No noise shall violate an.,,' noise standard provision of this Ordinance unless the offending noise exceeds the then existing ambient noise level at I11~ time and place of the testing by at least five i5) decibels. No person shall operate~or cause or suffer to be operated any source of sound from any use occupancy in such a manner as to create a sound level, after applicable adjustments if any. which exceeds the linfits set forth for the use occupancy category in Table I or Table 11. for any minimum part ora tel'a! of:nero that ten percent cf any measurement period, which measurement period shall not be less than sixty seconds. Sounds ma.',' be · :,'~en measured at ar beyond the property boundary of the land from which . the sound emanates, or at any sound-effected site or unit that the tester deems to be appropriate. Test equipment shall be placed at a height at least tlu'ee (3) feet above the ground and at least four and one-half(4 '~5~ feet away from walls, barriers, obstructions and any other sound-reflecting ~urfaces that might destroy the validity of the test measurements, ifa complaint arises from a multi-story structure, the sound level meter measurement may be taken at the location from which the complaint originated. AIl times are standard or daylight savings as then applicable. The standardis) to be applied shall be the standard(s) and/or tablets) that result in the lowest sound level that violates this Ordinance. For testing purposes under Table I. the A scale levels (slow response) test standards may be used for all sound levels that are fifty-three (53) dBA or louder. Any Table 1 sound level that is lower than the fifty-three 1'53) dBA, and all testing under Table Ii. shall be tested by octave band test analysis. "octave band" is a range of sound frequencies divided into octaves to c!assif,v sounds according to pitch. If the measured difference between the ambient noise and the offending sound level is five 15) decibels, the offending sound reading shall be reduced by two {2) decibels. If such measured difference is six/6) to eight ~8) decibels, tile offending sound reading shall be reduced one {1) decibel, lfsuch measured difference is nine tg) decibels or more. the offending sound reading should not be adjusted based upon the difference. 2 Words underlined are added; words :,"ricken t?~rc.t:gL are deleted. AGENDA ~ , PR 11 000 I TABLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Zoning/Use Occ::Faney Time o_f Day or fVight Sound Level CarLOad' at location of the Noise Measurement Limit (dBA) Residential 7:00 a. nl. to 10:90 7:00 p.m. After 10:90 7;00 p.m. to 6:59 am. ~ 4~ Commercial or tourist, ',vh!:[n 7:00 a.m. to 10:00 p.m. 1990 feet cf res/denl~al After 10:00 p.m. to 6:59 a.m. eccupancy er zone A~er 19:99 p.m. te 5:59 a.m. Manufacturing or industrial At all times 75 Whhin I00'~ feet ef Cemmerc[a! or teurizt use Occupaden er zone Manufacturing er industrial 7:00 a.m. Within 1099 feet ~r ~;a .... ;,n ~.~ use occupancy or zone ............ And al! cf Sunday Agricultural Zoning At all times 75 Table 1I applies to sound-effected sites or units in residential or tourist residential use or zoning, and commercial use or zoning. The roq~lired five (.5)-dccibel difference between the ambient noise level m~d the offending noise applies to each octave band. Table i1 applies to sounds emitted from any single industrial, manufacturing and:or commercial plant, facility, operation or process, or any combination(s) thereof. It is a violation of this Ordinance when any such sound is caused or suffered by any such non-exempt facility or entity that exceeds the maximum decibel level of Table I or any one (1) or more applicable octave band(si in Table I1 by applying the following standards, as may be applicable: ANSI Standards: S 1.1 - 1994 (ASA 111~ {Acoustical terminology): S 1.4-1983 (ASA 471 (Specifications for sound level meters): ANSI S 1.4A-1985 (Amendments to S 1.4-1983): ANSI S 1.6-1984 (1990'} (ASA 53) (Standard preferred frequencies, frequency levels and band numbers for acoustical measurements): ANSI S 1.11 - 1986 (R1993)/ASA 651 Specificati~n~ for octave-band mid fractional-octave band analog and digital filtersl: ,5 1.12 - 1967. (R1986) (Specifications for laboratop,_' standard microphones): ANSI S 1.13-1971 (R1986) ~Measurenlont of sound pressure levels); ANSI S 12.4 1986 (R1993) (ASA 630) {Assessment of high-energy impulse sounds with respect to residential communities); ANSI S 12.7 1985 (R1993) (ASA 621 (Measuring impulse noise's: ANSI S 12.9-1988/?art 1. (R1993) (ASA 76)/Environmental sounds, Part 1); ANSI S 12.9 - 1992/Part 2 (ASA 105~ Environmental sounds - Part 2, and measurement of long-tenn, wide-area sound): ANSI S 12.9-1992/Part 3 (ASA 109) (Enviromnental sound. Part 3. shorl-term measurement with an observer present): ANSI S 12.18-1994 (ASA 110'} (Outdoor measurement of sound pressure levels); ANSI S 12.40-1990 (ASA 88) (Descriptors for determination of compatibility land use - (revision of ANSI S3.32-1980L Because these standards must be up-dated from time-to-time, these 3 Words underlipgd are added: words szie!:en tb:augh are deleted. AGENDA rTEM I1 2000 6 7 8 9 10 11 12 13 14 standards may be up-dated by resolutions of the Board of County Commissioners after public hearing thereon. Applying lable 11. the nighttime hours are after 7:00 p.m. until 7:00 a.m. the following morning, and after 7:00 p.m. Saturday until 7:00 a.m.. the following Monday, Any such sound which tests to be in excess of any such sound-effected site- specific applicable resultant value - after applying all site-specific applicable impulse noise and or pure tone adjustments - shall be a violation of this Ordinance, TABLE 11 Maximum Sound Pressure Decibel Levels - Daytime and Niglmimc Steady Noise F,'om Ind~tstrial. Manu,~hcturing ancL/or Commercial Plant. Facility, Operation or Process. Octave Band Center Freq. Residential attd Tourist Comntercial Sound-rffected Residential Sound-effected Site or Unit Hertz. Site or Unit 31.5 Daytime 62 - Nighttime 56 Daytime 67 - Nighttime 6l 63 Daytime 62 - Nighttmle 56 Daytime 67 - Nighttime 61 125 Daytime 59 - Nighttime 53 Daytime 64 - Nighttime 58 250 Daytime 55 - Nighttime 49 Daytime 60 - Nighttime 54 500 Daytime 51 - Nighttime 45 Daytime 56 - Nighttime 50 1000 Daytime 46 - Nighttime 40 Daytime 51 - Nighttime 45 2000 Daytime 42 - Nighttime 36 Daytime 47 - Nighttime 41 4000 Daytime 39 - Nighltime 33 Daytime 44 - Nighttime 38 8000 Daytime 35 - Nighttime 29 Daytime 40 - Nighttime 34 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Subject to sound-effected site specific applicable "character of sound" a4iustments in {C) below, if any. from 7:00 p.m. until 7:00 a.m. at a sound-effected site or unit in residential or tourist re,'sidential use or zoning, the maximum noise level for repetitive impulse noise - six 16) or more impulses in any hour - shall be seven (7) dB lower than the steady noise values in Table ii. 3. Vibrations Emanating from Industrial. Manufacturing or Commercial Facility. These are not noise limits. Is a violation of this Ordinance to operate. p¢rmit, or .5~ffer operation or use of any industrial, manufacturing an&'or commercial device. facility, operation, or process anywhere in unincorporated Collier County that causes any vibrations which exceed tile applicable displacement{s) in inches specified in 'Fable 111. below, at tl~e property boundary_ of. or within, any vibration-effected site or unit then itl residential or tourist residential use or zoning. Steady State Vibrations are continuous or which occur in discrete pulses more frequently than one hundred (100) per minute. Discrete pulses which do exceed one llundred (100) impulses per minute shall not cause displacement m excess of twice the applicable values set forth in Table IIi. Impact Vibrations occur in discrete pulses which are separated by a time interval of at least one (1) minute and which occur no more than eight tirrtes in any twenty-four (24) hour period. 4 Words underlined are added; words stricken fi:rcugh are deleted. APR 11 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 TABLE 111 l~requency of Steady State Vibration Displacement Frequency of hnpact Vibration Displacement Cycles Per Second. Inches Cycles Per Second. lnchg~ Less than 10 .0004 10 through 19 .0002 20 through 29 .0001 30 through 39 .0001 40 tllrough 49 .0001 50 and over .0001 Less than 10 .0006 10 through 19 .0003 20 tlu-ough 29 .0002 30 through 39 .0001 4{) through 40 .0001 50 and over .0001 a. A three (3~ component measuring system shall be used to measure vibrations. The system measures earth borne vibrations in three (3/ directions, each of which occur at right angles to the oilier two. h., The following standards shall be used. as applicable, to measure vibrations: ISO-2631-1 (Mechanical vibration and shock- evaluation of humai1 exposure lo whole body vibrationi: ANSI S 2.2-1959 (R 1990~ (Calibration of shock and vibration pickups/: ANS1 S 2.01 1989 I'ASA 78) (Mechanical mounting of accelerometers); ANSI S 24.21 - 1957 (RI 989) (Characteristics of shock and vibration measurements/. C. Correction for Character of Sound. 1. For any zaurce cf aoand v,'!'Jeh emits For each sound that is a stead.,,' pure tone, the maximmn sound level limits set forth in T~iblc 1 and Table Ii shall be reduced by' ~ 1,51 dBA. Tills additional five 155 decibel restriction applies only to sound-effected sites and/or units in residential or residential lourist use or zoning. 2. For any source cf non-repetitive impulsive sound which is of short duration with an abrupt onset, the maximum sound level limits set forth in Table I and Ti~bl¢ II shall be increased by ten (10,/dBA from 7:00 am. to ..... 7,00 p.m., Motlday through Friday. This upward adjustment in allowable sound level applies to all sound-effected sites and/or units covered by Table I and/or Table 11. D. Multi-family Dwellings. In tim case of multi-family dwelling units, it shall be a violation of this Ordinance un!awfu! to create or permit to be created m~y noise except armually permitted music that exceeds fifty-three (53) -50 dBA during the hours between 7:00 a.m. to 10:00 p.m., or 44 fort.',' (40/dBA between the hours of 10:00 p.m. m~d 7:00 a.ln. daily, measured fron: inside the sound-effected a neig!:bor's dwelling unit within said multi-family dwelling structure, um-t E. Construction Noise. No person shall operate or permit to be operated any power driven construction equipment without a muffler or other noise reduction device at least as effective as that recommended by the manufacturer or provided as original equipment. Construction equipmenl that must be operated near a residentially zoned area on a 24-hour per day basis (i.e., pumps, well tips, generators, etc.) shall be shielded by a barrier to reduce the noise during the hours of 6:00 p.m. to 7:00 a.m. unless the unshielded noise level is less than 55 dBA measured at the closest adjacent testing accessible sound-receiving residentially zoned or used property line. ......... v.,..~t-mus~c from non-enclosed areas within 1000 F. Annual permit for ~ ...... u~. . feet of a residential use occupancy or zone. _ 1. Table I. Table II. and Table III do not apply to annually permitted music at sites or units in residential or tourist residential zoning or use. Any 5 Words underlined are added; words r.~icken tb.~'ough are deleted. 7 AGENDA ri'EM. No .... ~ APR 11 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 person, business establishment or other entity causing or allowing to be caused nan amplified music from a non-enclosed area within a commercial or tourist use occupancy or zone and within 1000 feet of a residential use occupancy or zone shall obtain from thc County an annual pemfit in accordance with the conditions provided in paragraph 3, below. Nzn amp![fled m Music em~ating from a non-enclosed ~ea for which a pemfit is required shall not exceed ~ fihy-three (53) dBA between the hours of 9:00 a.m. ~d 10:00 p.m. ~d shall not exceed ~ fo~y-scveB (47) dBA between the hours of 10:01 p.m. ~d 8:59 a.m. measured at or inside the property bounda~~ cf the cemp!a~nm:t of prope~y in residential use or zoning, and shall not exceed fo~y (401 dBA when meast,red inside any unit then in residential use or zoning. These standards for sites/units in tourist residential use or zoning are fifty-eight (58) dBA between 9:00 a.m. and 10:00 p.m.. and fifly-lwo (52) dBA between 10:01 p.m. and 8:59 a.m.. when measured at or inside the property boundao' outside at property in tourist residential use or zoning, and forty-five (45) dBA when measured inside any unit in tourist residential use or zoning. Annual Permit Application and Issuance for Music from Non- enclosed Area. ~l ammal pemfit shall be required and must be obtained ~ from the Community Development Se~'ices Administrator or designee by all person~, business establislm~cnts or other emities prior to causing or allowing to be caused ~ non ampi/fled music to emanate fi-om a non-enclosed area located within a commercial or tourist use occupancy or zone which is within 1000 feet of a residential use occupancy or zone. ~ Co~mencing with the ~994 :alenOar year, an armunl ~e~it shall val~O cn!y fcr t~e ca!en~ar year in v,'l~i:~ it was Prior to annual permit issum~ce, an application shall be filed containing all of the following information: a. name and address of applicant; b. n~e and address of business or establis~nent where music will be produced; c. description of event for which music will be produced (e.g., dinner hour, happy hour, daytime or evening or weekend entertaimnent). d. hours duhng ~y twenty-four hour period during which music will be produced. e. calend~ year for ~vhich annual pe~it is requested, ~"~" the 1992 ca!en~ year an~ ................. ~ Fee for Annual Permit. A forty doll~ ($40.00} fee shall be paid by the applic~t at the time of application for an mmual pe~it for costs associated with administration m~d enforcement. The amount oflhis fee lnoy be changed by Resolution of the Board of County Commissioners. Violation of Annual Permit for ........ ~ ..... y':n"a Music.' ~y pe:son, business establishment or other entity who cnuses or allows lo i,c cnused IIIIIgiC {() OllllinlliO ~}OIII II IlOll-Cllcl()~t'd lilt'Ii ](Ic;ilt'd whiff, a rcsidential or lourist residential use occupancy or zone and such music exceeds any of the standards of subsection (2). immediately above, wh~h of 9:99 a.m. to !9:09 p.m. in excess cf fi0 dBA shall be in violation ofthe 6 \Vords underlined are added; words r, aicken ~ough are deleted. I annual permit and of this Ordinance. 'fable 1 and Table 11 l~oise standards 2 apply to all music at all other sound-effected ~itc~ 9r unit~, Pdly peracn 3 ':,'bo causes er a!!ews te ~e caused m'a~ic tv emanate fram a nan encF~e'3 4 ~ea within a commercial or to'arist use occupancy or zone within !09'3 5 c~, ~c .... ;~ .... ;~ ............... cr zone during the hours ,c ~.m p.m. 6 and 8:59 a.m. in excess of 55 dBA shall be [n '.Se!orion cf the amvaa! 7 w,-,,~;* ~,,~-A ~,~e*h;~,,,o ~,~;~, ~,,,~,~. ..... Each incidence of noise level ~nd,'or penni{ 8 time-of-day or other permit restriction violations glgy shall constitute a 9 seperate offense as decided by the enforcement forum in the specific cafe. 10 7. Enforcement of Annual Permit. Violations of the mmua[ pem~it shall be 1 I enforced in accord~ce with the provisions of Section Twelve. 12 SECI1ON TWO: DELETION OF SUBSEClION {h) OF SECTION SEVEN, AS 13 ~IENDED, 14 Subsection N of Section Seven of Ordin~ce No. 90-17, "Exceptions" (as amended and 15 renumbered to be subsection M of Section Eight by Ordinance No. 93-77) and codified as 16 Subsection (13) of Sec. 54-87 of the Code of Laws ~d Ordinm~ces, is hereby deleted: 23 SECTION THEE. CONFLICT ~D SEVE~BILITY. 24 In the event this Ordinance conflicts with any other ordin~ce of Collier County, this 25 ordinm~ce shall prevail, if any section, plvase, sentence or portion of this ordinance is for m~y 26 reason held invalid or unconstitutional by any cou~ of competent jurisdiction, such portion shall 27 be deemed a separate, distinct, and independent provision, and such holding shall not affect the 28 validity of the remaining portions thereof. 29 SECTION FOUR. INCLUSION IN THE CODE OF LAV','S AND ORDINANCES. 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinm~ce" may be changed to "section". "article", or any other appropriate word. SECTION FIVE. EFFECTIVE DATE - DELAYED. This Ordinance shall become effective on the 1~' day of May 2000, subject to filing with Florida's Deparlment of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR1DA. By:. By: Deputy Clerk Approved as to form and legal sufficiency: , Thomas C. Palmer, Assistant County Attorney TIMOTHY J. CONSTANTINE, CHAIRMAN Words underlined are added; words :~ie.t:en L~e, ug5 are deleted. AGENDA ITEM 1 1 200O p~. t/ EXECUTIVE SUMMARY PETITION A-99-04, RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN AND JOHNSON, PA. REPRESENTING KENSINGTON PARK MASTER ASSOCIATION AND THE YORKTOWN NEIGHBORHOOD ASSOCIATION, REQUESTING AN APPEAL OF THE DETERMINATION OF THE COLLIER COUNTY PLANNING COMMISSION ON NOVEMBER 21, 1999 THAT THE CHANGES TO THE CARILLON PUD MASTER PLAN BY ADDING NEW COMMERCIAL BUILDING FOOTPRINTS WERE INSUBSTANTIAL. OBJECTIVE: The objective of this administrative appeal is to determine whether the Collier County Planning Commission properly applied the provisions of Section 2.7.3.5 of the Land Development Code (LDC) in their determination that the changes to the Carillon PUD Master Plan were insubstantial, and further, based their decision on substantial competent evidence. CONSIDERATIONS: Section 2.7.3.5.2 of the Land Development Code allows the Collier County Planning Commission to approve minor changes to the PUD Master Plan. The LDC contains eleven specific criteria that would qualify a PUD amendment substantial. The Planning Commission must determine that none of the eleven criteria applies to the requested amendment in order to make an insubstantial determination. The property owner's agent filed an insubstantial change application with the County to expand the commercial area to the east of the existing buildings along Pine Ridge Road. The PUD Document allows up to 319,000 square feet of commercial building. The existing commercial buildings occupy 282,413 square feet in area. The Carillon PUD Master Plan does not cleady delineate areas zoned for different uses, such as commercial and residential uses. The PUD Document indicates that 24.01 acres must be used for commercial uses for a maximum building area of 319,000 square feet, The Document also indicates that 6.23 acres must be used for residential uses for a maximum of 180 dwelling units. In addition certain acreages are allotted to water management facilities and buffer areas. For purposes of density a portion of the water management area is assigned to the residential tract to justify the number of units originally approved. During the application submission process staff were lead to believe that the gross acreage that was legally attributable to the residential tract would not be affected by the extension of commercial development, Based on this information staff recommended to the CCPC that this petition met the criteria for an insubstantial amendment. Subsequent to the approval by the CCPC, it was brought to staff's attention that there were some discrepancies and additional facts not considered by the staff and CCPC. These facts contradict, to a degree, statements made on the record by the applicant's representative. The property owners, and thus their representative were in a position to have knowledge of these facts. The land use and area calculations provided to staff to prove that the request is consistent with the intent of the PUD Document were acceptable; however, the applicant failed to indicate on the application or on any other occasion that they no longer control the entire parcel. In order for the new acreage calculations to be consistent with the PUD Document some land use changes were necessary in areas that the applicant no longer owns. Furthermore, in the Planning Commission hearings the applicant's agent testified that the area proposed for commercial was never intended for residential uses. This testimony contradicts the Plat back-up plans that show multi-family buildings and is labeled as "Residential" tract. The Collier County Planning Commission reviewed petition PD1-99-05 on November 21, 1999 and by a vote of 8-0 approved the request. Attached to this report is a copy of the verbatim minutes of the CCPC meeting. FISCAL IMPACT: There is a $200 application fee for this appeal which is deposited in Revenues in Fund 113, Cost Center 138900. GROVVTH MANAGEMENT IMPACT: None. STAFF RECOMMENDATION: It is staff's recommendation that the Board of Zoning Appeals remand this petition back to the CCPC for reconsideration given the conflicting and additional facts. 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE RE'...Vl EWED BY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING DATE I~OBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 3 GOODLETTE, COLEMAN & JOHNSON, P.A. KEV.TN G COLEMAN j, DUDLEY GOODLETTE KENNETH R. JOHNSON RIC~4ARD D. '~ OVANOVICH Robert Mulhere, AICP Planning Services Director 2800 North Horseshoe Drive Naples, Florida 34105 ATTORNEYS AT LAW NORTHERN TRUST BANK BUILDING 4?.~1 TAMIAMI TtL&IL NORTH. SUITE 303 NAPLES. FLORIDA 341 ?,3 941 a35-3535 941 435-1215 FACSIMILE E-MAIL; ~c~a sprintmail.com ....... November 30, 1999 LINDA C. BR~KMAN SCOTT M. KETCHUM KEVEN R. LOTTES HAROLD J. WEBRE. III HAND' DELIVERY RE' Notice of Appeal of Collier County Planning t.;ommiss~on' Decision on Petition PDI-99-05, Carillon PUD Dear Mr. Mulhere: Our firm represents both the Kensington Park Master Association and the Yorktown Neighborhood Association. Several members of these associations spoke against the Petition at the November 4, 1999 Collier County Planning Commission hearing. In addition, Richard Henderlong, an officer in the Kensington Park Master Association, spoke against the Petition. It is our clients' position that the Collier County Planning Commission improperly determined that the change to the Carillon PUD Master Plan was insubstantial. In addition, the Petitioner's representative made representations regarding the intended development on a portion of the PUD Master Plan which are unsupported by the record and the files pertaining to the Carillon PUD. These representations were clearly relied upon by the Collier County Planning Commission in determining whether the proposed change to the Carillon PUD Master Plan is insubstantial. Accordingly, please accept this letter as our clients' formal appeal of the Collier County Planning Commission's decision pursuant to Section 5.2.11 of the Collier County Land Development Code. Our clients are clearly aggrieved and adversely affected parties and have standing to appeal the Collier County Planning Commission decision. We are enclosing the fee for the appeal in the amount of $200.00. We I°ok forward to presenting our case to the Board of County Commissioners as quickly as possible. If you have any questions regarding this matter, please feel free to contact me. rcf c Jeff Mangan Richard Henderlong F: ,DATA\WPDATA\LITIGATE\KENSING'P~MULHERE.LTR Very truly yours, Richard D. Yovanovich EXCERPT TRANSCRIPT OF TEE MEETING OF THE COLLIER COUNTY PL~_NNING COMMISSION Naples, Ficrlda, ~ovember 4, 1999 LET iT BE REMEMBERED, that the Collier County Planning Com.mission in and for the County of Collier, having conducted business hereint met on this date at 8:30 a.m. in REGL~AR SESSION in Bui!ging "F" cf the Gcvernmen% Complex, East Naples, Florida, wisk the fo!lcwlng members present: ALSO PRESENT: ACTING CHAIRMAN: Michael Pedone Michael J. Bruet Russell A. Priddy Michael Pedone Karen Urbanik Gary. Wrage Ken Abernathy Joyceanne RauSio NOT PRESE~: Russell A. Budd Rom Nino, Current Planning Manager Marjorie M. Student, Assistant County Attcrnes, Page 1 ACTING COFrMISS!ONER PEDONE: ~%nd I don'2 have anything 5o report, 5ecause r,m not really the chairman. So let's go on to a~vertised public hearings, to number C, which would be Petition PDI-~-0$, Carillon. MR. B~/DA/~TC~!/%N: Good morning, commissioners, Chahram Badamtchian from planning services staff. Mr. ACTING CO~SSIONER PEDO~: Chahram? ~yone who wishes to speak on this petition, wou!~ please stan~ and be sworn in. (~1 speakers were ~u!y sworn.) ACTtNG CO~ISSIO~R PEDO~: Ail right, Ckahram. ~. B~TCHI~: Good morning. Mr. Michael Fernandez, repre~en~in~ wallace L. ' ~ew_s, Jr., Trustee, is requesting the approval of an insub~t~tial chan~e 5o the Carillon P~ mas~er plan. The Carillon P~ i~ located at the co,er of Airport Road and Pine R~d~e Road. ~d the old master plan -- this i~ the master plan that was approved with tha~ P~. 2t's upside fica. 5[E~ER .OF A~!ENCE: We can't hear wha~ you're saying. ~ r ~ ~ ~= = micro,hone is ~O~<_SSION~R ~3E~AT~: ~ don't b~!_~v_ ?'cur '~orking. M~. B~TCKI~: it's not working? CO~ISSIO~R ~E~NAT~: Well, you're not sZand!ng close enough , the~. ~. B~TCKI~: ae's fixing The old master -- 2kc old master plan showed commercial a!cng Airport Road, and there is residential in the back. ~d the old master plan showed 5he fooKprint of a large building with five -- with ~ive ou~-parcels. The petitioner i~ re~aesting to amend this master plan to show two additional bui!~ing~ on the eamt side cf the property. This P~ was approved with 3!9,000 s~are feet of commercial; however, they have bui!2 282,000 s~are feet; therefore, :hey have 36,000 s~are leek more Zha~ zhey can build. The P~ was approved for !80 dwelling ~its, and 2he P~ ~ocumenZ says 180 dwelling units and 6.23 acres of land. ~nd ~he re,est is just 2o add more buildings on the east side. ~d they're also e!iminating one lake, which was $ho~ on the original master plan. ~d basically that is the extent of the re,est. Staff reviewed this petition. It complies with their requirements of our code, even though it is a little bit borderline of being an amendment to the SDP -- .5~, sor~. Therefore, ~zaff recc~ends approval o~ thiz ;F~ISSIO~R BR~T: Mr. Chai~n? ~CTING CO~ISSIO~R P~DO~: Yes. CO~ISSIO~R BR~T: Chahram, a ~es~ion. What constitutes really the difference beKween s~s~antial and ins~stantial relates ~o land uses? ~. B~TC~I~: For one thing, they are n~t changing any Page 2 AGENDA 2000 N~mber 4, 1999 language in the PUD document, it's Just the map change. And they are -- this change will not increase the traffic. This one was approved for 3!9,000 square feet cf commercial. Therefore, adding more h. ui!ding is not going to change the approved traffic there. The board reviewed this petition, approved it for 319,000 square feet of commercial, and they are not going to increase that. A number of residential dwellings are not increasing, it's just where the buildings are going to be built. That's the only change. COMMISSIONER BRUET: So you weigh the impacts of changes more 5han the change in land use itself? MR. BADAtUf. CHIAN: Correct. The master plan that was approved doesn't really show the boundaries between the commercial and residential tracts. Eve~-y_body assumed that the tract in the back is for residential uses and the front nract is for commercial. But that's not how the PUD document reads. COMMiSSIOneR BR'JET: I .cuess looking at the original submitted and approved pLrD and looking at what's in front of us today, and zrt-in~ to understand ~hy this is not a substantial deviaEion, when i ==~ areas 5haZ indicate ~u!ti-fami!y tract now has a counnercial p. arcel, then I look south ~nd i see a second commercial parcel, and ! look aZ the master plan, of course i only see five, and now we're up ~ ~eve~. I realize the square footage hasn't changed, but to me those are different land uses. I see a lake that's gone. I'm Just crying to s~rt this out, because I've been through this process before and I have not been this fortunate. .~LR. BADAMTCHIAN: As i said, this borders -- this line projec%, that's almost a PUD amendment. However, %he PUD was approved for 180 units on 6.23 acres. And they will have 6.23 acres for residential ~ases. It was approved with 12. -- i have it somewhere. 12. I believe 9. FLR. N!NO: 12.9. MR. BADAMTCHIAN: 12.9 acres of open space, landscaping and lakes ~nh wa~er management. They will have that. COM~.ISSiOAIER BRUET: Yeah, but not to the current standards for buffering and the like, r&ght? We're not opening -- MR. BADAMTCHIAN: Nothing is done, but -- COMMISSIONER BRUET: -- the whole PUD. MR. BADAMTCHIAN: We are not opening the PUD for review. COMMISSIONER BRblT: All right. Well, obviously I'm going -- I have a little problem with this, and I guess because I've been through %he process before and not been this fortunate. ACTING COMMISSIONER PEDONE: ~nyone else have any questions for s5aff? Being none, we'll hear from Mr. Fernandez. FrR. FERNANDEZ: Good morning, commissioners. Michael Ferr. andez for the pe=itioner. I hope I can shed some light on the issues and satisfy Mr. BIn/et's concern. To start with, I'd like to provide you with a hand-out, that I'll be referencing. Page 3 if I may, l~,_~mber 4, 19 ~.9 C©MMISSIONER PRIDDY: i'll just pass them down. MR. FEP~ANDEZ: The first page ~f the hand-out that you'll been receiving has been highlighted, and it's an excerpt from the ~ocument that was approved. And it states %hat site design changes shall be permitted subject to Collier County mtaff administrative approval where such changes are consistent with the in~en~ of the document and do not cause significant impact to surrounding abutting -- properties abutting Carillon. We, when we originally approached that, suggested to them that we thought that this was actually an administrative change and not an insubstantial. The document -- or the code basically has criteria that outlines .~h~tn_~ there s technical reql:irements to be an insuDstantial chan~e. We provided staff with a item-by-item delineation cf wha~ those -- we address those items, lncludin~ there is no chan~e to the accesm poin~g to this petition. The access points remain exactly as they were in the original petition. The buf~erm remain the same. The s~aare footage of approved commercial remains the same. The area, acrea~s of re~iden~~ ' , ~ai, 5he acreaqe versus the commercial ~_m__n~= =~ The PLI document i~se!=~ di~'t define those areas definltiv~lv_ where residential and where commercial is to be located. ~f ycu''l turn to your second page of your doc -- of the hand-out ! %hip~ this will shed the !i~ht that you're lookin~ = ~ The PL~ documen~ basically listed commercial for 24.0! acres, ~residential for 6.23. The balance of 2.97 to be utilized for open space and green space that could be located an~here within the P~. .~nd the master plan shows little arrows. Well, here's a green space here, there's a green space there. The basis for tha~ is there is a retirement of 30 percent open space for the commercial and 30 percent for the residential within this P~. As you can see, that e~ates to where 5he cor~ercia! trac~ -- for the cs~erciai %rac~, a total of 10.295 acres of open space for a zeta! acreage of 34.305. /ko res~dentla% tract was limitm~ to 2.23 acres, plus its 30 percent component of 2,675 for a ~otai of 8.905 acres. ~d as you can see by ~he tabulation, these add up to the toZa!s that are sho%~, both within the pt~ documen~ and within the ma~ter plan. Currently our client, who is the original developer of Carillon, still retains' three tracts that total 12.56 acres. If you s~tract that residential component out of 8.905, he's left with 3.655 acres commercial, which includes its 30 percent retirement of open space. Therefore, of the remaining area it's impossible -- we're not ~llowed to use the entire parcel as remidential. D~d in fact, you'll look at the ~raphic over here to my left, you'll see that what we've done within %hat area is mho~ in ~reen the~. area that adds up 5o the 6.23 acres. This area. ~d then the area that's al~o ~reen that is hatched provides the open space component. So between theme two elementm, we have a total of 8.905 acres, therefore, ~atisfying that acreage retirement or maximization within Page 4 ~__mber 4, 1999 It was never intended that this whole area be commercial ..... residential. In fact, we would suggest to you that to place residential development on Pine Ridge Road at the entry to the shopping center is not a viable use. I mean, you've got traffic .on both sides, and you're totally hemmed in. It's not desirable. The commercial is supposed to be a transitory use to the residential, which was always intended to be in the southeast quadrant of the project. Always behind the commercial. And that's the key. It's always behind the commercial. So that it's impossible for -- to use that acreage anything hue for residential -- or for commercial that fronts on Pine Ridge Road. All we're asking is that we have the ability to put the buildings there. Dad as I read to you in that first page, we -- the site plan was always given that flexibility so that they could have adjustments 5o it. Otherwise right now what we could do with 5hat commercial is simply pave it and Dui cur appropriate ,andscaping and put ii=h% Doles 5hau would be Dun in the shopping center. ~n~ we ccu!d have, for instance, a -- we could have an auto dealership there or something similar to that. We Just couldn't put the buildings on there. Although we have -old -- we have suggested staff we really believe that we have 5hat ability. But that is commercial acreage. It has always been commercial acreage. This is a very straightforward, technical adjustment to the ~aster plan. it is ncr a substantial change. One thing that we have -- we would also tell you that hcpefui!y will give you some level of comfort is that the PUD also requires -- and i5 was one of the firs5 to do so, and this was before the architectural design standards were established -- that all buildings wi5hin the development be architecturally integrated. And we're (sic certainly have always understood that. _~ud the new building or buildings will comply with that. it will be similar materials and design to the existing structures that are already within %he shopping center. In addition to that, we have made a commitment to our neighbors, and we've had a couple meetings with some of our neighbors, that the light ~ixtures -- and if you look at the poles out on Carillon, they're very tall, and they create somewhat of a light cloud at that inter~ection. We've committed to them that we will maintain -- put the new ones in at no higher than 20 feet so that the light is closer to the ground level and won't disturb their development. Between Carillon and Kensington there is an additional tract of property. That tract is an agriculturally zoned piece of property. -t currently has located on it the fruit shop out front, the little chickee building. It's Bo feet wide, where this commercial tract is supposed to be. It lessons to 60 feet width further on. And between it and Kensington, or the residential units in ACtA Page 5 APR !', 2000 -~.mber 4, 1999 Kensington, you have our buffer, then you have Uheir buffer, which is fairiv mature and on a % ~ -e_m. You then have a 60-foot right-of-way that ~as a road. ~d then you have a setback of 25 feet to 5he residences. We've calculated the setbacks. The closest cur building would be to one of their resident:al structures is 195 feet. That's a considerable distance. We don't see that we are doing -- we are not having any greater impact with putting a building there than we would have with a parking lot with its associated light fixtures. We see this as a ve_~ tec.hnical modification. A~d as I've said, we've gone through item per item, as staff has done, and shown sha~ it is no~ a sutbstantial change. Mr. Passidcmo is cur legal counsel and he's here in case any additional .~uestions arise. If you have any questions of me, I'd be more than happy to address Uhem now. ACTING COMMISSIONER PEDONE: Yeah. Mr. Fernandez, what will height of the building be? MR. FER/~d~EZ: We've made a commitment that it won'~ be any higher than the existing buildings there. So again, what we'll do just keep the shopping cenEer ongoing. ACTING COMMISSIOA~R PEDOhFE: Anyone else? CQtIMISSIONER BRUET: Yes. How does that compare with the~lgh,=~' tha~ are ~here today, ..,,,,==~~--~. The existin~ PL~ heights, building heights. Z=R. FER/~ANDEZ: The PUD actually allows for 50 feet of height, cr =~ve s[cries. Approximately five stories. $o cbvious!y by the existing building there's probably somewhere around 30, 35 feet. Sc we're look -- which is the same height that the residential struc[ures are permitted to be adjacent Kensington. And again, we're looking at about 195 feet difference between the two. The concern that !'ye really heard from the residents so ~uch that they're looking to maybe address is nhe residential aspect cf our project, which really is not subject of wha~ we're trying to do here. D~.d if you. look at our PUD master plan amendment, you'll see tka~ ~,._ mnly area that's highlighted in yellow is tha~ area that deals wiLh she commercial aspects. We're not modifying the residential portion at al!. COMM. ISSIONER BRDMET: May I, Mr. Chairman? ACTING COMMISSIONER PEDOhTE: Yes. COMMISSIONER BRUET: Michael, the buffering requirements from commercial to residential, you've kind of escaped those by going uhrough this process. A-re you willing to bring a buffer up to -- MR. FERNAArDEZ: Current standards -- COMMISSIONER BRUET: -- current buffering standards? MR. FERNANDEF: We have no problem doing tha~ whatsoever. We would comm. i~ to i~. fact go beyond that. For instance, tree re_~uiremen~s are eight and 10-foot trees. I have no problem committing to landscaping that includes Erees to !~ feet minimum ~or shade trees. Am.d any hedge along that -- along our eas~ side, which would be Page 6 2000 NL=mber 4, 1999 next ko Kensington, installing it at five feet, add installation and allowing it %o grow higher along with a fence integrated into it, we ion't have a problem doing that. We're looking for a qualiuy project. And since the shopping center has already been there for awhile and their trees are somewhat ma~ure, by ours coming in there at that same height, it will -- it will kind of bring us back up to the shopping center. We don't want to look like we're a second cousin to it. We want to integrate. We'll do so with materials, colors and design. COMMISSIONER BR'JET: Thank ycu. ACTING COM~ISSIONER PEDONE: A,nyone else? COmmISSiONER PRIDDY: ! have ~ust a question. It's probably ute no one can answer. But this agricultural tract %hat's in between, do we have any~hin~ in the mill that's going to be going on there? is that -- what do we foresee taking place on that piece of properuy? MR. BADA~CI~IAI~: Last hearing, Mr. Fernandez was proposing a new ?u~ called Banyon, I believe. FIR. FEP~NA_%~EZ: Yeah, the Banycn Woods PUD. Than ~racz is 3cheduled ~D become a roadway that would access the residential scmponent south cf here. So there'l! be an additional roadway. Mhd if you'll recall, there's an additional buffer there %hat ~as rommi5%efi to Lhat's ve~ substantial, that was worked out with the residents, that's also cna berm and ~il! be integrated into a much larger combination buffer between Kensington and that tract. So in addition to all these, we'll have a series of several different landscape buffers between us and the Kensington -- COMMISSIONER PRIDDY: So we're not going to see a building out front where the fruit stand is now in the future, that's probably proposed for roadway? W=R. FERNANDEZ: That's correct. ~een if it was -- even if it -- right now there's a setback requirement of 50 feet from residential %tact anyway, so it would be pushed back substantially. COMMiSSiONER PRiDDY: Okay. CO~ISSiONER BRLrET: Russell, I believe that's that alternate access point -- ACTING COM~4iSSIONER PEDONE: Yeah. COMMISSIONER BRUET: -- from PUD that we went through at the las~ meeting, so -~- COMMISSIONER P, AUTIO: I would just like tO disclose that I had a meeting with Mr. Fernandez last month, and this was only talked about indirectly. We were discussing the whole Whippoorwill Road area and Livingston Road area, but we did discuss some of the minor details involved in %his, so I wanted to disclose that. ACTING COM~IS$IONER PEDONE: Anyone else? Anything further from the petitioner? MR. FER/~AlqDEZ: Well, certainly if questions arise after the public speaks, I'd like to have an opportunity to address that. ACTING COMMISSIONER PEDON~: Mr. Nino, do we have any speakers? MR. NINO: Yes, we do indeed. Dr. Charles Zinn, Alton Bale, Dr. N~mJoer 4, 1~99 Frank PLuto. ACTING COMN!SSIONER PEDONE: Excuse me, if you would step up in 5he order ~hat you would like 50 speak this way we can facilitate ~ time. MR. NINO; Dottle Groose, Warren White. Dr. Carl Sheusi, Richard Concver, Dextor Groose, Richard Henderlong, Joe Barry. ACTING COFLMISSIONrER PEDONE: I would like to annomnce at this time that we have a lot of speakers and we would rather you didr.'t be redundant and repeat th~ same thing, that only if you have something new to add that would be -- facilitate the movement here ,h~s morning. MR. ZiA?N: Good morning. I'm Dr. Charles Zinn. I live at 5!70 Kensington High Street, adjacent to this proposed piece of property change. we're -- we have a couple of concerns. One is in order to l@0 units ~nto that piece of proper~y, the original lake tha~ was olanned on the original plan supposedly is being ~illed in cr never ~=~=d.~,_~=~ We'~,_ ~onc~-n~d- 0~ = about water runoff, wildlife, e~ cetera. in order to get !$0 ur. its into this piece cf property, it would seem to me 5ka~ the height wcu!d be such tha5 it would impacu us ~n the Kensincmon area, regardless of a 50-foo~ buffer, lc would seem me that they would have co go up to a seven-story building, six suorles over parking, and this would not be neighborly 5o the Kensington area. If you recall, not too long ago Kensington had to reopen their ?UP when they were redoing the area next to Grey Oaks, and the- we had to make substantial changes in our PUD in order to get it okayed to satisfy Grey Oaks' needs or requirements. We are requesting that ~his is a substantial change in the PUD, and we would like to see the prJD reopened for evaluation to some way eliminate some of the 180 units that are proposed to go into this small residential area. Thank you. , . ~,ved MS. GROOSE: I m Dottie Groose I live in Kensington. i ~ in Miami for 30 years. And when I ~irst lived there, it was _=u~ , _~ was peaceful, it was a nice place 5o raise = lam!fy and zhe ~uality of life was very good. Over The years there were many ahanges. The development, it was over-developed, over populated, the streets became very congested, crime moved in, and the quality of life completely changed. My husband and I were very impressed when we came ~o Naples. To us, Naples was paradise in comparison to Miami. But now we're very. =earful that our quality of life may change. We were so impressed with all of the different developments, one-story buildings or two-story condos. It was just beautiful. now if this developer is allowed to build a seven-story building right near our property, it will be overlooking our property. It ~zll change our way of life, it will change our security. I'm concerned about our securit~ and our privacy. People on these balconies will be able to see ~s every time we come in and out of our houses, they'll see us on our patios and in our swimming pools. .~- Our privacy will be gone. And al~o, i= could a~fect our security. '" Page Nt~.~ber 4, 1999 rriminal element could move into these condos. They would know ever'.' time we go in and out of our homes. I'm ve_--~' concerned about that. COMMISSIONER PRIDDY: Mr. Chairman, can we stop and ~=U a clarification? Because I don't know that i've ever heard of a seven-story building being proposed. Mr. Fernandez or staff, c~n -- what are we talking about here? MR. BADAMT._C~IAN: The PUD document allows six stories over garage in the residential area. What I believe people are proposing is not approve this so ~hey have to go through a PUD amendment and then they have to reduce -- they can request a reduction in the nuwber of iwe!!ing units, maximum height. COMMISSIONER PRiDDY: Let me understand. If the developer was no5 looking to change tko footprint cf the commercial, they Uould have already built a six-story building? MR. BAD~TCKi.~N: Today they can go ahead and build a six-stor'f building. C05~M!SSiONER PRIDDY: And they still can, without coming here before us. COMM.!SSIONER PRiDDY: Okay, thank you. ACTING COMMiSSIOt~R PEDOAVE: Next. W~. PINTO: Hi. My name is Frank Pinto. i'm at 5114 Kensington High Street. My concern is similar in ~he sense that tall buildings in an area thai have no tall buildings really don't make -- doesn't make sense me. i'm not a professional, I just live there. We moved into Kensington from up north. This is our permanent residence. And quite honestly, I didn't do due diligence. I di~n'5 go looking throughout all the records of what's allowed, what's going to be built, what may be built. None of us has. D~d I ~uess that means we t~ast you people. We trust you as professionals, we t_--ust you as administrators to do what's right. We're going to live there. A_nd we ask 5hat you consider us in 5his 7r~4ecn because we're .... ones who are going to have to live decisions. A_nd please, don't look at this in an isolated sense. There are ~ther tracts that are going to be developed just below this. There's going to be another 350, 60 residential units. 180 units on six acres, that's an impact. .~nd while the P.UD was approved, I understand it was approved in '91, a !~t has developed since then. The area has taken on a certain character. A/%d maybe you ought to look at that today and say to '£curself, well, maybe there was a mistake in '91. Maybe we shouldn't have allowed this. And kind of look at it in today's light. And if there is one lake difference, maybe it doesn't seem significant. But with the runoff, maybe you need tha~ other lake. That may be significant enough for you to reopen this PUD and give you an opportum, ity maybe to correct what obviously to me is a mistake, or was a mistake; give you an opportunity to correct that. Thank you very much. ~,GE_t~A ITE.Iw ; Page Whl,,. I live in Kensington. And MR. WHITE: My name is Warren ' rea!~ , _ ,y, I don t have a whole lot to add except hat I realize that this is not a residential question at %he moment. But if you continue to reduce this -- the impact of the commercial area around the area that'S left, what happens is ever!zthin~ goes up. And I've lived in Kensington now for ~hree years, and in Pelican Bay and other areas for some period of time before that. And other than the high-rises that are along the beach, I don't think there are other seven-story high residential units anyx~here in that area. ! recognize it was 9ranted in 1991, but conditions have chan~ed. ~d you have permitted apartments ~nd everything else to be built around Kensington, but they're not of tha~ size. And so ! think ~he s~bstantiai change that is occurring here now is {oing ~o have implications for the future when this developer comes in with his plans for the residential area. The lake that is going to be taken away is a small area. But believe on the plans, as ''ve looked at them, that the other one also =~'~ . - =ay, everything squeezes, and al~ of a recomes r ..... d So as _ - sudden what's !eft is a residential for future development, and it ~oes up. Thank you. FIR. BALE: I'm Walton Bale at 5234 Kensington ~lgh Street. would be directly affec[ed by any buildings that would be over the 35 =~=~ =hat the Carillon representative If you were to go out and look at this particular area, you'll =ind that there is no other building that is probably over about feet. No seven-story buildings in ~he vicinity within sight. I really think that this should be reopened so that the height of the buildings can be limited, as the Carillon representative said, io%~ to 35 feet. Thank you. .~?R. BAP_RY: I'm Joe Barry, Kensington ~igh Street. i'l! be brief. I'm sorry if I'm redundant. My main concern, other than aesthetics of the tall buildinw, is ,_d~cul~s for me say rrime and privacy. I think it may sound ~ ' -~ 5his, but I 5kink that a building six -- we have a big problem with ~rime in our neighborhood. The so-called supper -- dinner burglars. And I think a seven-foot Isic) building would give a great advantage point for su~eying o'u_r property. And also, privacy, i think a seven-foot building -- cr ~even-story building would encroach on our privacy. Thank you. FfR. S~JSI: I'm Dr. Carl Sheusi. I live at 5198 Kensington. Approximately a year ago, Kensington went before the county board requesting rezoning of property facing Grey Oaks. The residents cf Srey Oaks were opposed to 5he rezoning for three reasons: They were afraid tc see our lights; %he buildings would be too tall; and the residents of 5he condos would be able ~o look into our homes. If Carillon planned -- had plans for lS0 units on il acres and now they want to compress 180 units on five to six acres, ~his will necessitate buildings of higher than two or three stories, maybe five, six or .~-seven. Page 10 2000 NLem~er 4, 1999 ~d ~s is our objection, ....... ~.~=~ the buildings would obstrucn our with a= extreme amcun= of lights noise there would be no berms high enough to buffer the noise of lights from a seven-story building, if it goes chat high; and that would be approximately an so-foot building. This is our objection. MR. GROOSE: Good morning. My name is Dexter Groose. I'm a value engineering consultant, and I'm speaking as secretary of the Yorktown Villas Association of Kensington. First of all, I want to take my hat off to ~his Plarming Commission, because you're the reason I moved here. You're the reason after a five-year search o~ the East Coast I realized I was locking on the wrong side. A~.d we finally discovered Collier County, my wife and 2, and this is heaven. This is the place to be. And it's because the hard work and 5he touWh decisions you people have made over the years that have made this place look special. The request before you today is a substantial change to ~h~ ~L~ an~ it's also a flawed ~!an. And here's why. It's a substantial ~_,~an~_~= because ,_~ now ,~.~~s_~_ eight_ out-parc=Is_ instead cf ~ix- that '...'ere sh,~w~ in the original P~J~. Eight is four more than rn 5hat Airport Road/Pine Ridge in[ersection. It leaves us with one lake instead of two, which will have an Lm~acn cn wildlife. A_nd in will eliminate a residential buffer. Now, before i bought in Kensington, I was very concerned with eve~-fthing around. Concerr..ed about 5he two-sto~f units cn the north side of Pine Ridge. I asked a !ct cf questions, I did a lo~ of research. This is a mad o~ what was in the PITD. As you can see, 5his !i-acre Tract A that was in the original P'o-D shows a !o% of roads 5hrouwh there. For multi-family tract, it says right upper right-hand corner. Right north of where the f_~-ui% stand is. Calls it multi-family tract. That's an fl-acre tract. An.d i realized it was approved in 1991 and I couldn't do anything about it. It was !S0 units. But at least it was a buffer. It was a residential buffer. IJow, %'ye prepared something here take a look at. COMMISSIONER PRIDDY: I'll hand all of them down. MIR. GROOSE: This is a substantial change to the PUD because it doubles the PUD density from 16 units per acre to 29 units per acre. We don't have anything near 16 units per acre in the ~reater Carillon community, including all of the other communities that I've listed there in addition to Kensington. Those four communities average two and a half units per acre. The Carillon PUD originally allowed 56. But the way they want no change it, it will take it to 29 units per acre. That's over 10 5i~es the exis~in~ community's density. That's why i~'s a flawed plan. That's why it's a substantial change. When you go ~rom 1~ units to 29 units, that's a substantial change. I also say this plan is flawed because it exceeds the footprint limits of the Carillon Shopping Center. Sure they had -- they were authorized 319,000 s?uare fee~. But they chose to build it all on one Page 11 NLember 4, !999 MR. HEN-DERL©NG: The exhibit you're about ~o receive is a ropy ~rom Collier County's tax maps. What -!ou .,~v_ is a serious flaw in what you re being represented for 5he t~a[h, the facts today. A/~d as you look at those maps up there, you see, as Chahram pointed out, five out-parcels. And in fact and indeed you'!l see an area hi~hlighted in blue shows six out-parcels existin~ today. I drove by the center this morning. There are six buildings sitting on those out-parcels. So you don'~ have the facts. You don't have the correct facts. Secondly, ~he area highlighted in orange is the trac~ map. Mr. Fernandez, by his own admission, said ~ha~ ~he owner has sold c, ff part cf the shopping center, only holds about 12 acres. I submit for a legal question to be researched later whether that constitutes a requiremen~ for a two-los subdivision, whether it has 50 be platted. So you should be looking at a plat, you should not be looking at a concept master plan. You should be !ookin~ and viewing 5oday a site aev_lopm .... plan, no~ a concept master plan. That folks, is _ substantial change. Secondly -- or in addition to that, 5hey're having you believe I'm ~oin~ 50 pass out another map. It's basically that upper _.~nt-kand =~rner of both plans, '9!, 98 plan. On the top you'll see highlighted in yellow, this is the area that everybody is debasing, okay, on my exhibit that you have. Kigh!ighted in blue is the lake. As Mr. Groose pointed out, it reads a~ the top, pedestrian circulation for multi-family tract. The debate is this unlettered area does not have the letter R. The area to the west has the letter C. There's no question, when you do a land use plan, you identify your parcels, okay? What the applicant wants you to believe is that you've go~ a ftoat~ng zone here, folks. A-~d that's not what we're dealin~ with. floating ~cne is a zone ~hat says we have spec±al uses here. They're trying to argue that these are special uses that they're entitled What 5hey lid submit ~nd had was a cap for 319,000 square feet of re%ail. I submi~ and technically ~o on she record saying today that seven ~r eight out-parcels, i~ there are eight, is in~ensification, i know %hat for a fact. In 1989 when we stood before this -- the Planr. ing commission and ~he Board of County Commissioners with River Chase £hoppin~ Center, we-had seven out-parcels out there. We were shot ~own on [ha= issue alone. We only ended up with four. This, in my opinion, violates community standards. It's not good planning, folks. in conjunction with that, if you'll look at 1999's master use land plan, you'll see the area hi~hlighted in orange. It moves from yellow, residential, to commercial. That area I calculated about 2.75 acres in area. The applicant could have developed his shoppin~ center a ~ifferen[ way. He could have put some office buildings in the front. The real -- let's call it wha~ it is. It really is a measure here to ~add some additional out-parcels. You've got an agricultural strip cf · 200,1 Pa~e ~ ~ ~ land. it's a nonccnfo~ming strip. I don't know how that happened. That's interesting, I find. Agriculture, ?'cu've 9ot to have a !50-foo~ front lot. it's an SO-foot lo%. How Ko you sit there and argue that that agricultural road isn't going to have an impact? There's no warranties about ±nterconnection between ~hat cut-parcel and that other road. So when they nell }~ou, which Mr. Fernandez submitted earlier, that there's no addixional accesses, that's not true, okay? There will be an interccnnection. It's good business sense. Turning movements need to be looked at very carefully at 5hat intersection. Residents -- and !'ye heard over the last two years, being on Kensington Park Master Association, the traffic problems on Pine Ridge Road. You approve that and you allow that out-parcel, you're going 50 be looking at additional difficulties in making movements and slowin~ down traffic. That could be another Wendy's. It could be a motion picture theatre. You don't know what it's going to be. I called the planning staff and asked them, did ~h_ aop!ican~ submit any ~raffic im~ac~ statements to substantiate tha~ this zrcpcsed =kange, as subm±tted here today, warrants, and you heard Mr. Fernandez testify, than 5here's no ±ncreased traffic? That is not a urue representation, and here's why. The reason why it's not a true representation is Decause shopping centers, community shopping centers, have a certain traffic value. When you begin to add these out-parcels in, those capuures -- recapture rates significantly jump, okay? So you re nc5 comparing an apple wi~h an apple here. Y~u looking at an orange and an apple. That in itself constitutes a substantial change. ! would submit that when they talk about if you. buy into 5heir logic that this area was supposed to be commercial, it wasn't ==idential, ~nd they sold the land, then I would submit that the 40 oercent rule for open space for--,=sidentia! might be applicaJole here. I'm not an attorney. That's worth taking a look at. There are some serious cluestions about this proposal today, it lz substantial. i also submit for the record that when I met with planning sta~f in Kensington Park -- and I'll give you my last exhibit before I explain =hat to you. COMMISSIONER PRIDDY: I'm going to get overtime. MR. F~EN-DERLONG: We need to be consistent in our principles of planning and good urban design. This exhibit you're looking at shows you the south end of Kensington Park abut,in9 Grey Oaks. Grey Oaks hi~h!ighted in ye Kensington Park in green. A year and a half a~o, we approached snarl about making a change within the PUD. Economics and market as we know drives a product and a PL~. And that's the beaut±fu! flexibility cf a P'u'D, it allows you to make changes with economic marketing conditions, and then they have to be measured in the community's best interest. Is it in the community's best interest? Is this proposal in the .=ommunity's best interest? That's your challenge, that's your test. We sumbit a similar issue for. determination, whether it was Page ~ TF_..M 2000 NL.e~ber ~., 1999 ~ubs~antial or insubstantial. S~aff, looking at it, said we!i, all right, you're going to move 5his road and you're going to add a buffer. That road wss located feet 5o the north. The abutting lan~ to the south were si~gle-fami2j, residential. We had a PUD for 5?0 residential units, and we Delieved and thought it was ±nsubztantial. Staff concluded it was not. I do not see, when we talk about that orange area commercial versus the floating zone area, whether it's residential, recreational. They could have argued it's recreational open space. They could kav~ argued ~ha~. That's the problem with 5hat concept plan. They told us very seriously, the staff, that we were subsZan~ia!, all right? So what tha~ does is that triggers the applicants trying -o avoid ~ha~ process, because it triggers a reopening of the pUD. They don't wanu ~o do that. That's really what's happening here. And the community standards, in my opinion, s~ould not be compromised here. They need to be tc!d it's a substantia2 deviation. /hey need to be told to come back, amend your PUD, resubmit, go ~hrou~h the tecb~.ical issues point by point, get in~o those analyses, 5nd as ~ .... smngtcn Park ~as ~rea~ed, we had to submit architecture! drawings, we had to submit -- not come to the hearing and say hey, ~.:e re ~oing to drop our !i~hts 20 f~,t hey, we're ~oin~ to drop We're going to make ~hese chan~es. Nail it down., folks. Tkis is really a site development plan you're talking about. The 5ulk of that shopping center is developed. We're talking about what'~ ~-- !eft there. ~ud it warrants good planning analysis, good plaP~.ing ronsideration. And the applicant should be standing here with you with a contract for something more definitive [han what they're submitting here ~oday. So Dased upon all those comments earlier, when we tec~hnicaliy go through the comments on B where the staff says is there a proposed fncrease ±n the proposed number of dwelling units under B with ±n%ensity of land use, ! already submit it, it is an intensity of land __ d_=__ng with a s~op~ing .... ~er out-parcel You're dealing with an additional box to the existing main center. Big !ifference in traffic generations. Tha~ could be another bank wi~h ~urning movements to go out there. That needs to be looked a~. Maybe it might make good planning sense to have one retul-P, ing movement out, which happened to River Reach Shoppin~ Center. We had to go th_rough that. Tha['s warranted through -- it says you've got to do a ~raffic impact study evaluation. Let's take a look at D. D says is there a proposed increase in the size cf areas used for nonresidential to commercial? We submit -here is. Unequivocal, ~ot debatable. That unlettered area that is white, we submit, is residential or ~ecreation open space, not what the applicant would lead you to ~elieve. E, ±s 5here a substantial increase and impact to the development which may include but not be limited to increase in traffic ~_~eneration, changes in traffic circulations or impacts on other public Page 1S ember 4, '999 =acilities? That needs to be correctly evaluated. ACTING COFt~ISSIONER PEDONE: Excuse me, but I thin3~ you've ~verdcne your !0 minutes. ~. HEh~ERLONG: Okay. With that, I would just urge you uontinue to find that it's a substantial deviation. Thank you. COMMISSIONER ~EP~NATHY: Mr. Chairman, I have some some questions i'd like to propound to our attorney at this point. ACTING C0.~MISSIONER PEDONE: Yes. Go right ahead, Mr. Abernathy. MS. STL~ENT: And i'll try -- Commissioner Abernathy, I'll try to help. This is -- I am not -- was not made aware by anyone of some of %he concerns, but I'll be more 5kan happy to try to help. C05t~.ISSIONER ~EP_NATEY: These are general questions. MS. STUDENT: Okay. COMM. ISSiONER ABEKNATEY: The first one is to whom do we look to for guidance on whether something is a substantial change? To the iawTers or to 5he planners? The second one, do we ~ubstanuial change? -~ir.d, wha% consequences ~ow from 5hat~ Amd ~our, could the petitioner withdraw and moot this whole -u=~on of the residential area i ..... ~ we were to try to declare it a subst=_ntiai change? MS. ST~u~ENT: Okay, I'll t_-y to -- if i forget one of them~ '.'mu'~ refresh nrv memory, right? COM~4ISSIONE-R ABE.~NATKY: Okay. The first one is to whom do we 'ook,-_=~- guidance~. MS. STU'DEA?I: The criteria are set forth in the Land Development Code. it is not 5he County Attorney's office to make the commission .decision or even to make a recommendaEion on that, because that's · ~here the facts come in. And the Planning Department assesses the =acts and applies those facts to the criteria and presents it to the ~ia~m. ing Commission. You have opposition here today who may t~-v to rebut some o~ the =acts ~resented by staff, and ~='s up to the ?ianning Commission as -%= decision-maker 5o weigh the evidence that is presented before it and make a deterlnination as to whether or not, you know, it meets the Okay, now -- C0.~MISSI0~rER A~ER_NATHY: Okay, once -- do we have the power to ~eclare that it's a.substantial change? A~d I gather from wha~ you ~ust said we do. ~d if so, what consequences flow from 5hat? MS. STUDENT: That would -- I don't know that it really amounts ~D a power of declaring it that. You can deny the petition. And C©Y~ISSIONER ~ERNATHY: On that basis. MS. STUDENT: That i~ doesn't meet some of the criteria. And those criteria tha~ you feel it does not meet needs to be spelled ou% in the motion. So I suppose one could say -- we've never called it declaring a substantial change, but inherent in the idea o~ a denial there may be that. But we don't call it that. Page !6 ember 4, 1999 COMMISSIONER ABER/~ATHY: Okay. MS. STL~ENT: And the conditions that flow from that, ! belie%-e there's been some code changes. I believe that the petitioner ma?' have the opportunity to appeal this to the board, and if not, they could go in%o court. A~ I don't want to, yo~ know, set up how to sue -- you're my client. But 5hey could take whatever -- the appropriate avenue in court. So that either avenue is open to them. I don't have my code down here, I don't know if Mr. Nino has it. but we have broadened up the appeal procedures, so it's very likely it would go ts the board before it would go to court. CO~M!SSIONER ABERNATHY: Then my last question was, if they didn't really want this change badly enough to open the matter of the height of the residential, could they just withdraw this? MS. S_"TrDENT: A petitioner is free to withdraw a petition any time, i~ they so choose. COMMISSIONER A~ERNATi.~Y: So they could weigh those two things and just walk away from this? MS. S~ENT: it would be up to the petitioner to weigh al! oj ~n=~ s ..... presented today. ACTING ,20594ISSIONER PEDONE: Commissioner Priddy? CO~J~ISS!0NER PRIDDY: I have two questions. Would you all -- the petit~ ' ~oner answer, what is your density per acre yesterday, and what would it be tomorrow if this change were approved? The density per acre, ~ot -- MR. PASSiDOMO: Mr. Priddy and Mr. Chairman, with your indulgence, Jo.hn Passidomo on behalf of the petitioner. We'd like to make a few points in rebuttal, and we'll address that point, Mr. Priddy. COtiMISSIOhrER PRIDDY: And then I have one other question. MR. PASSIDOMO: Fr~nkiy, we don't believe there's any chan~e at all. The concerns that were exp. ressed about impacts on the residential tract obviously are not the issue that is in front of you today. But the basic predicate for that concern is that there's some !i acres that are dedicated to residential use, and that number of acres will be reduced from 1! to 6.23. A~.d then based upon that predicate, we've heard that %he density cf that tract will increase from 16 units an acre to 29 units an acre. Frankly, we challenge that basic predicate. And we make that challenge based upon the land use summary that s attached as Exh._m~ A to the planned u~nit development document. It says, clearly says, that the residential tract is 6.23 acres in size, and only 6.23 acres in size. The residential tract isn't being impacted at all. Density isn't being impacted at all. It was 16 before, it is 16 now. And fra.nk!y, what we're simply trying to do is reconcile the text of ~he planned unit development document, all the impacts 5hat were accommod'%ed by the Board of Colknty Commissioners when they addressed this project and this planned unit development document originally with the mas~er plan. And we think that there is a technical problem with the master plan. The master plan does not. designate specific tracts ~or Page 17 ~ 2000 ~siden~ial or commercial uses. But if you look at this Exhibit A which says a resiJential tract is 6.23 acres, add on a 30 percent comoonent for open space, and you look at the designation of commercial acres cf 24.01, add on a 30 percent componen~ for open space, what you ge~ is what you see now. You could -- you couldn't possibly kava deriveg that result from the existing master plan if it was interoreted, that this _Dro~e~"Y. _, on Pine Ridge Road was intended for residential purposes. Amd I thi~_k that you can imagine and we can imagine that in no one would have anticipated 5hat the property on Pine Ridge Road would kava been designated for residential purposes. What we're simD!y suggesting is that the planned unit dave~ document always anticipated, Exhibit A to it, that there be 24.0! acres of the commercial, 6.23 acres of residential. What you see in 'your planned unit ~= ~ ' -_v_lopment document ~s simply what is now ~!justrated on the master plan. We'~= ~=conciling a technical ~eficiency in a master plan that simply didn't specifically designate residential and commercial areas. Final!v, what w=,~ ~o ~- do is what we think was proposed '/cu do do, and tka5 is look at the criteria for compliance with -- for an insuJpstantlal chan~e. We think that if you look at ~hat, you'll a~ree with staff that there are no changes to intensification, no ~hanges to land uses. Land use is exactly, as they're always intended to be. No other chan~es that would make this anythin~ more than the insubstantial change that your staff is telling you that it is. ~nd finally, to alleviate what we readily acknowledge are legitimate concerns by our neigh_bors, we propose three stipulations: The first is that there's a 20-foot height limitation on the lights, a benefit that is currently not enjoyed; the second is that the height of the buildings in this area will be no higher than the existing heiwht of the buildings in the Carillon Shopping Center. Right now we could otherwise have buildings that are 50 feet high. And frankly, if we listen to the argument carefully and the :cncern about ~even-story buildings, we could have seven-story bul!dings in this area. .~nd what we're proposing is not only to have seven-stool -- not have seven-story buildings by designated commercial, but to reduce that height down to whatever the exist,,.~ ~ height is a~ Carillon. We think it's about 35 feet. And coincidentally, 35 feet is the height at Kensington. So we're certainly not going to go beyond what the height of our neighboring properties might be, what we propose for it to be. No higher than the commercial structures at Carillon. And finally, as a third stipulation, that the current buffering standards in your codes would be adhered to and we respectfully submit will be exceeded. Thank you, Mr. Chairman. ACTING COM~ISSIOAIER PEDONE: Mr. Priddy? COMMISSIONER PRIDDY: Follow-up on my question. In the original PUD document, how many out-parcels were proposed or show%77 MR. PASSIDOMO: Michael? Page 18 NL~ember 4, 1999 MR. FEPd~'A/~DEZ: I think what you have before you is -- you have a copy c~ the original and you have a copy of the proposed. So it's readily evident that what you're seeing right now is that there are =our independent structures that in this case my understanding is they were all sold as out-parcels. in regard to that, we're not here as a platting issue. We may be here for platting in the future, and so you'll have an opportunity to see that, if we desire to do so. But we can commit to -- if it's a significant issue, we can remove any concern about an out-parcel by removing that little box that's shown in front cf the larger box and just say what basically we're going to have, 'you know, a shopping renter extension there. It's going to be -- in their words, we don'5 have to sell that under separate ownership. MR. PASSIDOMO: And Mr. Priddy, we don't think that there are any 'imitations in the planned unit development document cn number of :ut-parcels. We simply think that there's a master plan which is an i!!uszration of where .,,_se USeS might go, and the master plan, as rrigina!l'f drawn, is inaccurate because it leads you to believe, as :ur neighbors do bell_v_, that there s residential. The planned unit development doesn't say i1. something acres of /esiden/ial. There's g.23 acres of residential, i don't believe, and ~_-'1! be -- ! stand =o be corrected by staff -- that ~here are any :umber -- any limitation on the number of out-parcels or that ~ven addressed in the text of the planned unit development document. ~nd we're certainly not proposing that any text in the plarzned unit development document be revised. MR. FER/~AIq]DEZ: In addition to that, the comments about traffic ~eneration, we're still proposing the exact same s.c/uare footage. We're not changing the uses aU all. Therefore, there is no intensification az all on this site. There is none. We're also not proposing, as Mr. Hender!ong said, no have an'/ =n~,ticnai access points. We're not showing any ~n our master plan, we're not eligible for any otherwise. Ail those were misstatements. Ever-fthing that we have said is shown on that document. The only changes are readily evidenced. And also, the text, if you look at the original'P5~, the text on the top right corner, it says circulation from multi-family to ~hat area. There's an arrow there. It says from multi-family. I~'s -- the implication is that's not multi-family, because circulation is coming to it. In other words, pedestrians can access it from the residential property in the front. it was never intended to be anything other than that. I think cur graphic shows that very clearly, our map is vet}~ precise, there's no disagreemen~ there with staff, and I think that your standards for evaluating this are enumerated. And staff has gone through them one b'; one. we've also done the exact same thing, and it meets the criteria. And so we'd ask you to approve it with the stipulations ---hat Mr. ~assidomo said. Page 19 N~./ember 4, i999 Page 20 A~.d just to clarify %he heiqht issue, we'd say 35 feet so _u's a measurable height so there's no more discrepancies. ~_nd 25 feet, like 2 said, is the same height as the residents have across the way. A_nd again, I'd re±terate that we have 195 fee~ between the two between ~he buildings, is a close proximity. Tkac would be the ~lo=est ~_~xlm_ty between Lheir structures and the structures that would occur on these parcels. So between that and the buffers and the !imitation of height, we certainly have minimized any impac~so ACTING COMMISSIONER PEDONE: Commissioner Wrage? C05IMISSiONER WRAGE: Rot, could -- site plan development changes are done administratively, MR. NiNO: That's correct. COMMISSIONER WRAGE: ~at %rig~ered to come before 5his board? I mean, wha~ caused this to come before tkis board? MR. N!NO: We viewed i5 as a change fn the mas~er plan. mas%er ~lan wasn't clear tha~ the intent of the master plan was to use 5hat property for commercial pu~cses. The insubstantial change Jecislon. MR. PASSiDOMO: Mr. Chairman, in conclusion, if i coul~ make one .... =m __m=_K. The reason why we think i~ is a technical reconciliation is the ~ _ o..~y way you can implement the land use acreace s~ipu!ated in Ehe pla~ed unit deve!cpment documan~ and create 24.0! acres of commercial is 5o extend it beyond what tke master plan would have otherwise suggested it could be. There's no change whatsoever to P~ document, it's simply a reconciliation to i~lement what everybody has always believed, the% ~here be 24.0! acres of co~ercial. To get 24.01 acres cf commercial, the master plan has to be dra-~ in a way similar to this. ACTING CO~ISSIO~R PEDONE: Commissioner Rautio? CO~iSSIO~R ~UTIO: Following up on Co~issioner ~ernathy's comments and the attorney's come,ts, you're telling us that indeed if we m__Z the !! ~tems in the Land D~"=~omment Code %hat for the ins~stantia! amendments, which are clearly identified on here, that we really don't have much choice? If you met the -- MS. S~E~: The commission -- CO~ISS!ONER ~I0: -- criteria, we'd have to identify those criteria. MS. ST~: The cc~ission is the trier of facts and it is up to the commission to weigh the evidence presented by both staff and the petitioner and to reach a conclusion. ~d you're guided by that =riteria. I ca~ot make 5he decision for the Planning Commission. You CC~ISSIONER ~L~IO: Right. But we would have to ~o through and of the 1i items here actualiy identify those that do not -- we'd kave to specify =hose in our motion that their criteria are not met? RS. S~~: Yes, for pu~oses of making a record. CO~ISSIONER ~IO: Well, I will say that I'm very s~pathetic zo what the residents of Kensington have said. Mr. ~enderlong has 1999 =nme real valid points, in my opinion. But I'm sitting here as a ~=lative!v__ ~ new Planning Commissioner, and these I1 points are =p--l,d- ~ ~ mut very clearly. MS. STL~ENT: What ! also must advise the Plann~.ng Commission -- and some of the members that have been on for awhile know this -- bun quasi judicial boards, as you are sitting in that capacity right now, are guided by criteria. And the case law in the State of Florida is ~hat just residents' pure opposition is not sufficient. ~owever, that if the residents present facts that go to the criteria'that is zompetent, substantial evidence, you may consider that. ACTING COMMISSIONER PEDONE: Commissioner Priddy? COMMISSIONER PR!DDY: Mr. Nino, following up on Mr. Wrage's ~aesticn -- and I readily see that there was some confusion on what that tract cf land was supposed to be used for. But what's in the PUD document that Mr. Passidomo has that was spelled out how many units of this and how many acres of ~his was supposed to be there, i guess we sould assume -hat that six acres cf residential was supposed to be up sn Pine Ridge, and that the back part cf that property then would be rommerciai~, -- mean, ~f you -- MR. NiNO: No, let me go through those numbers with you. First cf all, if staff had approved -- had recommended more than 26 uniIs per acre on the net area available for residential purposes, %.~e would have made a mistake in 1991. The 6.3 acres is complemented by five acres cf the -- in other words, of the 12 acres of open space, ~- in '91 we made a subjective conclusion that five acres o~ that open ~pace was peru of the multi-family project; ergo~ we really base our densiuy on 11.3, which is 16 units per acre. The prcb!em here is to what extent is the property nearesu Pine Ridge Road a part of the open space that was allocated to achieve the 16 units per acre. Chahram says in several places in his staff report that this issue is rather cloudy. It's not all that clear..And consequen[!y, we indicated to you uhau we also had a prcbiem, but we felt that the .greater weight was on the fact that they had met the CO~VfMISSiONER PRIDDY: Well, I think it's -- you know, it's clear 'o me, as to others, that it was probably never in~ended for residential to be fish= up on Pine Ridge. So that leaves us then to either co~ercia! or open space associated either with t~e com/~ercia! or with the residential -- MR. NINO: You're right. COMMISSIONER PRIDDY: -- that was to go there. ACTING COMMISSIONER PEDONE: I have a .=uestion, Mr. Nino. It says pedestrian circulation from a multi-family tract. Could they, arcording to the PUD ~he way it stands today, pave it and put in a car !or with 3E-foot lights, or would they be in violation of the PUD? MfR. NINO: I do~ 't think we would approve a site plan that would provide that without them first obtaining this determination. CO~tM!SSIONER URBA/~IK: I have a question. ACTING COMMISSIONER PEDONE: Yes, Commissioner Urbanik? COFfM. ISSIONER URBA/~IK: This question is for staff. Just a Page 21 N.[/e.m~er 4, ;999 clarification. The original 1991 document has a lake in it. ~.d i:'s been My e.~cp~erience that when lakes are present, they're usually par5 of a drainage system of a development. The petitioner's plan is 5o remove that lake. How does -- first I guess my ~aestion is basically since it's filed in the original Pt/D, do 5hey have the right now to remove it? MR. BADAMTC-EIAN: This is an engineering question, and we checked with our water management engineers, and they made some calculations, and %hey said that lake is not necessary for the water management burP©sec. MR. NINO: But lakes are traditionally considered both water management and serve to meet the open space requirement. What Chahram Is saying is back in '91 they provided more lake space than was required for their water management purposes, so we have to assume that it was more recreational in function than water management. COMMISSIONER LLR~A/~IK: A~.d then they have the right 5o remove %hat? ! mean, we have nothing to say about that, that's the petitioner's prerogative? ~. BAD~MTCK!~_N: The PUD document says they have to have i2.~7 =~== ~= open space-~ake ~nd wauer manacement_ . .And they. have than wi~hou% the lake. ACTING CO~2MISSIOArER PEDO.N-E: I have another .~uestion At ' ~ time rlght now, if nothing is gr~nted 5o them for the commercial area, %hey have the right, according to their PUD, to come in and build seven-story buildings or six over garage, or as many as they can ~it _n~o this parcel with the density? MR. BADk~Cq{iAN: Yes. The PUD allows six stories over garage. And if it is determined that the front parcel is residential, yes, they can have six-s=ory over garage. COttMiSSIONER BRLTET: I've go~ one more question. ACTING COM~4ISSION%R PEDONE: Go right ahead. COF24!SSIONER BRUET: The building height issue again, you're talking 35 feet for 5he commercial building only. The residential to Lhe s~uth, that buii~ing height wou!~ remain six stories over parking? ..~R. 9ASSIDOMO: That's not an issue on the table today. The only issue on the table today is to amend the master plan. to be consistent with "~h_= PUD document. And we will voluntarily agree 5o _~rovide that there will be no commercial building in that area in. excess of 35 fee5 in height. COMMISSIONER RAUTIO: No commercial. .~TR.'PASSIDOMO: And if you like, we will agree never to put a residential building in that parcel at all at any height. MR. FEP~NANDEZ: I think what's really important, too, is that we !id add one other thing lo that master plan. You'I1 see there's some texts along with it tha~ we worked out with staff, and it basically says, you know, whe~ we do the SDP we have to show where that open space is. In other words, we have to provide 12.~7 acres of open space, whether it's lake or it's green space or it's buffers or what have you. And we have to show that. We don't have any problem doing ~hat. It will be shown. Page 22 h-[zem~er 4, 1999 ACTING COMMISSiON~R PEDONE: ~nyone else? If there's no further comment, i'll close the public hearing. COMMISSIONER PRIDDY: Mr. Chairman, while i am terribly s~pa~hetic to the -- what was approved in '91 with six stories over parking, it appears, as Ms. Rautio has pointed out, that that's not oefore us, and we don't have any control over that. I'm the last person that wants to see a seven-story building coming dow~ Airport or Pine Ridge myself. But I quite honestly don't see that that's part of what our decision is here today. .~nd ! for one am not ~inding anything in staff's report to refute than. So -- ACTING COFL~ISSIONE, R PEDOA~: Any other discussion? There being none, I'll call for a mo~ion. Thank you. I fill in and I get this, huh? There being no motion, what happens? MS. STL~ENT: Well, there needs to be some action taken by the Planning Commission. COMMISSIONER PRiDDY: Okay, I'm usually the unpopular guy up here. I will do in. Mr. ChaiI~r~an, I move that we forward Penition ~Di-99-5 50 ~he 5card of County Commissioners for the recommendation -- MR. BADAMTCHIAN: it's approved here. It does not ~o [o the 5oard of County Commissioners. COM!~.!SSIO~R PRIDDY: I move that we approve Petition PDi-99-5 with a recommendation of approval, based on the tact that I carrot find anything in staff's report -- anything to refute shelf's report 5hat would constltute this as anything other than an insubstantial change. COMMISSIONER URBA/~!K: May we add the criteria added by the a~tcrney? C05tMISSIONER PRIDDY: And I would place in that the criteria of lights being lowered to 20 feet, height of the commercial building being 35 feet, with the ez2~anced landscape that was being offered by the petitioner. COMMISSION-ER P~UT!0: ~nd wha~ about no residential in ~ha~ one parcel? COMMISSION'ER LrRBANIK: It men~ions that -- COM~ISSIONER PRIDDY: And that there will be no residential on 5he commercial parcel. COMMISSIONE, R WP, AGE: I'll second ~hat. COMMISSIONER SAADEH: One more thing if you could add to your motion, Mr. Priddy, is the 195 feet minimum distance be=ween what the petitioner is proposing to the closest structure in Kensington. I ~hink they made that statement, and we want to hold them ~o it. MR. PASSIDOMO: We'll do it to the extent 5hat we can control that. Obviously a lot o£ that setback is on the Kensington prorer~y. ~md we can't control what happens on Kensington's property. Bu we will represent to you 5hat we will do no~hing to infringe upon the 195-foot setback. COMMISSIONER PR!DDY: Yeah, if Kensington wanted to build a building, yeah, that's fine. Page 23 1,L~emJPer 4 ~ ~9 ACTING COFIMISSIOLrER PEDONE: We have a motion. Do we have a second? COMMISSIONER W.R_AGE: Second. ACTING COMMISSIONER PEDONE: I have a second by Commissioner wrage. Any other further discussion? COMMISSIONER RJ%UT!O: When I make -- when I say yes or no, can I make a statement with it? ACTING CO~WIMISS!ONER PEDONE: Yes, you can. Okay, I call for the vote. Everyone in favor, signify by saying aye. (Unanimous vote of ayes.) COMMiSSIONiR RAUTIO: Aye. However, I -- ACTING CO.W~4ISS!ONER PEDONE: Go ahead. COMMISSIONER F~AUT!O: Okay, 5ecknically I think the criteria has been met here. And I apparently have to vo%e yes. But we have a master plan that was approved in !gO! that ! have some real concerns with. Hv subjective approach would be that I would vote no. But, however, Mr. Hender!ong made some various valid points, in my opinion. ~ut i can't see anything, as Commissioner Priddy says, zo change my veto. Amd ! feel a responsibi!i~y, if petitioner has met criteria ~ha%'s out!ined here, that I have to vote yes. ACTING COMMISSIONiR PEDONE: Okay. We have a unanimous vote yes. MR. FER/~N~EZ: Tkank you, ccmr. issioners. Something else I'd just like to add. We've had very ~ood discussions with Dex Groose and kis grsup. We'll work with them to address those issues cf the residential here in the near term.. (Oonc!usion cf Excerpt.) COLLIER COUNTY PLANNING COMM. ISSIONERS MICH~_EL PEDONE, ACTING CEAI.RY_~N T.R~R~SCRIPT PREPARED ON Bg~LALF OF GREGORY COURT REPORTING SERVICE, INC., BY C~LERIE' R. LEONE, NOTARY PUBLIC Page 24 EXECUTIVE SUMMARY V-2000-01, MASTERCRAFT HOMES, INC. REQUESTING AN AFTER-THE-FACT VARIANCE OF 0.6-FOOT FROM THE REQUIRED 7.5-FOOT SIDE YARD SETBACK TO 6.9 FEET FOR PROPERTY LOCATED AT 3871 15TM AVENUE SW, FURTHER DESCRIBED AS THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 142, GOLDEN GATE ESTATES UNIT 27, IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 0.6-foot after-the-fact variance from the required 7.5-foot side yard setback to 6.9 feet along the east property line, to allow construction to continue on a single family house. CONSIDERATIONS: The petitioner wishes to continue construction on a encroaches 0.6 feet into the 7.5-foot side yard setback. encroachment. single family home, which The spot survey revealed the The house has remained unfinished for several months while the petitioner negotiated with the adjoining property owner to purchase additional land to meet the side yard requirement. An agreement was not reached. The major thrust of the two objections received was the eyesore of the unfinished house and the "attractive nuisance" to children. FISCAL IMPACT: Since the subject property, is a platted lot with infrastructure to support a single family home, approval of this petition would have no additional fiscal impact on the County. APR 2000 GROWTH MANAGEMENT IMPACT: Since the use of the lot is single family residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff's original recommendation to the Planning Commission was for denial, because the survey appeared to indicate that the house was too big to fit on the lot within the required setbacks. However, before the meeting, the petitioner presented a more detailed survey, which indicated that the house could fit on the lot. The encroachment appears to be the result of an error in measurement. Nevertheless, because there is no land-related hardship, staff was constrained from recommending approval. Therefore, Planning Services staff recommended that the CCPC forward Petition V-2000-01 to the BZA with a recommendation for denial. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on March 16, 2000. By a vote of 8 to 1 the CCPC recommended denial of petition V-2000-01 to the Board of Zoning Appeals based on the fact that building a 60-foot house on a 75-foot lot requires more precise measurement than what was apparently used in *his instance. 2 APR !! 2000 PREPARED BY: F~_,_~ISCHL, SENIOR PLANNER C 0R-~NT PLANNING REVIEWED!, BY: ~I~bNALD~'F. hlN(~, AICP CURRENT PLANNING MANAGER DATE 2'2 DATE ROBERT J. MULHERE, PLANNING SERVICES DIRECTOR DATE APPROVED BY: ..~¢ VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN-2000-01 3 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: FEBRUARY 23, 2000 SUBJECT: PETITION V-2000-01 AGENT/APPLICANT: OWNER: Mastercraft Homes, Inc. 9311 College Parkway, Suite 1 Fort Myers, FL 33919 AGENT: Stacy A. Ellis Morris-DePew Associates, Inc. 2216 Altamont Avenue Fort Myers, FL 33901 REQUESTED ACTION: The petitioner requests a 0.6-foot after-the-fact variance from the required 7.5-foot side yard setback to 6.~. feet along the east property line, to allow construction to continue on a single family house. GEOGRAPHIC LOCATION: The subject property is located at 3871 15th Avenue SW, legally described as the ~e.~A-~-c,y¢~,,i~ 75 feet of the east 150 feet of Golden Gate Estates Tract 142, Unit 27. ! ~%~ 2000 i~ 2000 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to continue construction on encroaches 0.6 feet into the 7.5 foot side yard setback. encroachment. SURROUNDING LAND USE AND ZONING: a single family home which The spot survey revealed the Subject: Surrounding: North - East - South - West - Single family home under construction; zoned E Tract 143; zoned E Single family home; zoned E 15th Avenue SW ROW Single family home; zoned E HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the Official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? NO. A 7.5-foot side yard (10% of the lot width) is required on each side. The lot is typical of other 75-foot lots in the Golden Gate Estates subdivision. 2 ~ 2000 Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The building could have been designed to fit on the lot. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There are numerous 75-foot lots in Golden Gate Estates. Many of them have houses which meet the required setbacks. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A reasonable use of the land would be a house that fits within the required yards. However, the requested variance will be the minimum required to continue construction on the existing structure, as desired by the petitioner. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller side yard than that which would be permitted for a similar lot in the Estates district. 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. The granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. Approval of this request may be detrimental to the neighbor to the east, who would be most affected. 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.? Yes. subject parcel. The neighbor to the east has a fence along the property line abutting the ! i", 2000 3 h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: The combined side yard setbacks for a 75-foot Estates lot (east and west sides) should total 15 feet. The combined side yard setbacks for the subject h'ouse (7.8 feet + 6.9 feet) total 14.7 feet. Therefore, it appears that the house is too big for the lot. For this reason, Planning Services staff recommends that the CCPC forward Petition V-2000-01 to the BZA with a recommendation for denial. PREPARED BY: FRED.RE. fSCHL, SENIOR PLANNER CMRRENT PLANNING REVIEWED ~Y: R'ONALD F?N1NO, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: .,.. VINCENT A. CAUTERO, AICP, ADMINISTRATOR ~ATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-2000-01 Collier County Planning Commission: RUSSELLA. BUDD, CHAIRMAN ITEM v ARIANCE PETITION (VA_RZA_NCE FROM .5E'rBACK (S) KEQDIKED FOR A PAP, TI~OITqlN~ DISTRICT) Petition No. Commission District: Date Petition Kcceived: Planner Assigned: ABOVE TO BE CO,M[PLETED BY STAFF GENERAL Petitioner's Name: Petitioner's Address: Mastercraft Homes, Inc. Suite 1, 9311 College Parkway, Fort Myers, F1 33919 Telephone: (941) 433-2323 Ag~t'sName: Agar'sAdhus: Morris-Depew Associates, Inc. 2216 Altamont Avenue, Fort Myers, FL 33901 Telephone: (941) 337-3993 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, ~ 34104 PHONE (941) 403-2400/1~AX (941) 6436968 Appik~o~ for v~mm~ Pcfitloa - ~ Page I of 8 Complctc thc following fo~: all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner As.,:ocJation: Mailing Address city State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip, Name of Homcowna' Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Associati¢,n: Mailing Address PROPERTY DESCRIF3CI_Q.~ L~gal Description of Subject Property: Subdivision: Golden Gate Estates Section 14 Twp. 49 Met~ & BoUnds Description: City State __ Zip W75' of El50' of Umt 27 Lot (s) Block (s) Range 26 Property I.D. # 37994080002 TR 142 N/A A~plic~flo~ f~r Vmrlam~ l~ctfloo - ~ ~q~A ITEM APR I! 2000 Address of Subject Prop,:rty: (If different f~om Petitioner's address) 3871 15th Avenue SW Current Zo. ning nnd Ln~d use of Subject Parcel: ~Zo~_nc~: Estates "E" Future I~nduse: Residential Adjacent Zoning & Lan.! Use: S "E" W "E" E "E" Residential Residential Residential Residential Minimum Yard Requirements for Subject Property: Front: 75 ' Comer Lot: Yes [] No [] Side: 7.5 ' Waterfront Lot: Yes [] No [~ R¢~: 75' for Vortnncm Petll~m - ~ AP~ ,'~ ?000 Nature of Petition Provide a d¢~ilcd cxplana6on of ~c r~u~t ~cl~g what s~c~cs ~e e~sd~ ~d w~ is pm~s~; ~c ~o~t of t=cro~t p~os~ ~g n~b~, i.e. r~uce ~ont smb~k ~m 25' to lg'; when pmp~ o~ p~h~ pmp~; when ~g p~c~p~ s~c~c w~ b~l~ (include b~ld~g pm~t n~b~ (s) if ~ible); why ~o~hm~t is ncc~; how cxis~g en~o~ent c~c to ~; etc. This petition is requesting a variance fro~ the Collier County Land T~nd .Development Code Section 2.2..3.4.3(2), which recf]ires: "Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate .Qf ten percent p~ the width of the lot. not to exceed amaximum requirement of 30 feet." The subject property is 75 feet in width~ whigh calculates to a side y~rd setback of 7.5 feet. This petition is ~equesting that the east side yard setback be reduced to 6.9 feet. There is a single story CBS house under construction on the subject property (building permit no. 1999031319). The structure is beyond ~he slab staqe, but has not yet reached the tie beam stag~ of construction. When the slab was staked, the setback wasmeasured from the fence line on the adjacent property to the east, which was believed to have been on the boundary line. Unfortunately, this fence is located approximately 2 feet east of the subject property line, which resulted with an encroachment into the east side setback of 0.6 feet or 7.2 inches. The granting of this petition will allow the structure to have a 6.9- _foot cast setback and brinqthe property-into co~liance with the County'_s, requlations. A~c~ ~r Ytrlan~ Pe~llt~o - gt~ F~_I'~A ITEM -- APR ;i 2001] Pica.se note timt s~tlr ~d ~hc Collier Gotmt3, pI*--i,,g Commission simll be guided in their r~cou-~cndation to Board o£zonin~_. Appea~, allcl alta! t]~ [3o~rd of zxming ~ shsll be guided in i~s c[~z~IllJzmtion to ~ or d~'ay I variance petition by thc below lismd cnt~m (1.$). (Please addr~s this crimris ming necessary.) Ate there speca~ conditio,,'~ and cito_,-,~tanca:s cxisbag wluch arc pcculiaz to thc location, size and characteristics of the land, :~ucture, or building involved. Yes. The location of the structure is unique to the lot in question. The construction of the house was the result of a unique configuration of physical landmarks on the site that are not replicated in other locations. A~e th~r~ special c~m~Ution$ ~nd circ~c~ which do ~t r~sult from th~ ac~m of the applicant such ss pr~-existin~ condi'ions ~cla~vc to &he prop~-~y which ks gx~ ~ubject of thc v~'iaace request The physical landmarks from which the setbacks were measured were not placed by the applicant, nor were they a result of the applicant's actions. The location of the structure was the result of field measurements from these physical landmarks. Will s liiz:r~l intm, pr~.~liosl of thc provisions of this ~ ~ work ,,nnet-eS~t'y ~ undue hardship on thc IpplLe~nt 0~' o'r~l~ pl~lie.~l di~cullics oi1 ~ appel The relocation of the structure is not feasible given the . practical difficulties of the existing construction. Failure ..,to grant the variance will create a substantial hardship on the owner. Will t~ vavi-..,~, if granb.x~ be tl~ mi.i~,~ v~ ~t ~ ~e ~ss~ie ~e ~ble ~ of · c I.~ b~ ~ s~c~ ~ w~ch p~ ~ ofh~ ~ ~ ~ this is the ~ v~i~ that ~11 allow the ho~e ~ question to be occupied. ippli~tio~ ~r Vsrlam~ l'~i~i~a - ~J~ Will gra~fing ~he variance requested confer ou the pctit~oue~ ~ay special privilege that ~ denied by Because the situation involves the existence of unique physical features, the granting of the side setback variance will not confer special .p.riviledges upon the applicant. The unique combination Qf circumstances will not be duplicated elsewhere to apply to other situations. Will ~anting the variance be in l~nn~ny wi~h the in~-~t a~! purpose of th~ zo-i-.- code, ~nd ~o~ be injurious to ~hc ncighborhc~t, ur othcrwi~ dctrimcnml to the public wcffal'c. Yes. The unique circumstances will not be repeated elsewhere. The qrantinq of the variance.will allow occupancy of the structure and support the single family neighborhood on which it is located. ,a,rechc~ ~tural~n~fic~ orph~ic:allyinducedcoru:Utm~thalameUora~ ~cgoahand o~ccfive$of~¢ ~gula~cnsuchu ~mral~eserv~,iakc~,go~ul~,e~c. .The unique features from which side yard measurements were taken do not affect the goals and objectives of the regulations in qeneral, but do create a unique circumstance for this lot and house. W~gz~tmg~va:iaac,:bccoG~sw.~twi& ~cgrowthm,xoagemrntphn Yes. The plan notes this area as appropriate for single family residential uses. The variance will allow occupancy of a single family house. AppJicatieu fro- vm~ce P4~it~o,~ - B/9~ Pa~e ~ of ~ 2000 V/I RIA NCE PETITION APPI,ICATION SUBMITTAL CHECKLIST THIS COMPLETED CIIECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! R EQ UIREMENTS # oF .. co,ms R~Qtn~. n i. '-Completed Applicalion 2. Completed Owner/~gent A/tldavit, NotariZed 1 3'. Pre-application not,:s/minutez 15 4. Snrvey of property,'~howing the encroachment- 1 (measured in feet) 5. Site Plan depictin~ilh~ following: 15' a} Ail property boundaries & dimensions b) All e~isting and proposed strnctures 0abeled as such) c) North arrow, d:~te and scale of drawing d) Required setbacks & proposed setbacks 6. Location ~ap depicting major streets in area for 1 reference 7. Application fee, checks shall be made payable ~o - Collier County Board of Commissioners 8. Other Requiremenls - As the au~otiz~ agcnrffapptic~at for thia pe~i~ion, I stu~ that all ofth~ informatio~ i~licatrxl on ~ cht~kli~t is i~clud~d m ~ submitta~ pack ~c. I u~-wsta.mi that failu~ result in the delay o£processi~g o1' thi.s pe~i~ion. sS~-~pew Associates, Inc., Agent Daw ~? of R J 2000 IMDI MORRIS-DEPEW ASSOCIATES, INC. ENGINEERS · PLANNERS · SURVEYORS & MAPPERS 2216 Altamont Avenue · Fort Myers, Florida 33901 · (941) 337-3993 ° FAX (941) 337~3994 TO WHOM IT MAY CONCERN: PLEASE BE ADVISED THAT I (WE) AM (ARE) THE FEE SIMPLE PROPERTY OWNER(S) OF THE PROPERTY DESCRIBED BELOW AND THAT MORRIS-DEPEW ASSOCIATES, INC. HAS BEEN AUTHORIZED TO REPRESENT ME (US) FOR THE BELOW REFERENCED PARCEL(S) IN ALL MATTERS PERTAINING TO REZONING OR DEVELOPMENT PERMITS. THIS AUTHORITY TO REPRESENT MY INTEREST INCLUDES ANY AND ALL DOCUMENTS REQUIRED BY THE REZONING, PLANNING OR PERMITTING REQUESTS SUBMITTED ON MY (OUR) BEHALF BY MORRIS- DEPEW ASSOCIATES, INC. STRAP NUMBER OR LEGAL DESCRIPTION: THE WEST 76' OF THE EAST 160', OF TRACT 142, GOLDEN GATE ESTATES UNIT 27 FOLIO NO,: 37994080002; STRAP NO.: 334600 142 04B14 M~,_~f~rCr,,ft H~me~ Inc_ COMPANY NAME SIGNATURE Mieh,,,el R_ rli~m~nd; Vice I=ra_~ident of PRINTED NAME & TITLE STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ara day of by , who is personally known to me or has produced as identification and did not take an oath. My Commission Expires: ,SHARON LUTHEN Notary Public, State of Florida, My comm. exp Apr 15, 2005 Comm. No. CC82709~ (seal) Notary Public Notary Printed Name AGENDA ITEM ~P~ 11 2000 I GOLDEN GATE 13OLDEN GATE BLV~ iLOCATION MAP - 3871 15TH AVE. S.W. 4TH AVE SW 6TH 5-FH 18T~ AVE Sw 24TH AVE ~ 12TH 13TH GATE ~ .... ~. ~' ~_~.~ ~ i¢'1998DeLo~. Stm~AtlasUSA ; [ .~ ~ ~ ;Mag 1400 Thu Jan ~ 15:19 20~ ' ' Lo~l Road S~le 1:31,250 (at ~nter) ........ Major Conn~tor 2~0 F~I ~ S~ Rou~ ~ In~t~imi~ A~ 10~ Meters ............ ~ Exit ~ Lo~le SUBJECT PROPERTY 2~SI AV~ ~ ~ ~ 2~ST ~L ~ . ~ e~den Oa~ ~ ~D A~ Sw River/Canal Intermittent River ,!~° I..STH AVE. SPEC'~I~d PURPOSE SURVEY OF THE E,~ST J§O' O? ~OflDEN ~ ~ EST~ ~5 ~ ~ 142 UN~ Z7 -H- --~ MORRIS - DEPEW ASSOCIATES, INC. ENGINEERS * PLANNERS * ,SURVEYORS * MAPPERS REDUCED COPY NOT TO SCALE i-.o II1.< ? 5' ? RESOLUTION NO. 2000- RELATING TO PETITION N-L~IBER V-2000- 01, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HERErN.4tTER DESCRIBED IN COLLIER COU:'NTY. FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Sea:utes. has confen-ed on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessan' for the protection of' tko public; and VJHEREAS, the CoLmt}' N_~rsuant thereto has adopted a Land Developnden: Code (Ordhrtce Nu. 91-I02) which establishes resula'2ons for the zomr. g of panicular geogra?'hic divisions of the CoLmty, amonz which is the grandn~ of vadances: and ',\~IEREAS. the Board of Zoning Appeals. being the duly elected constituted Board of the ar,a hereby affected, has heId a public hen.ring after notice as in said reguIations made and pro\ id~d. and has considered the advSsabiihv of a 0.6-£oot al:er-the-fact variance fro:t: the required side yard setback of' 7.5-feet to 6.9-feet as shown on the attached plot plan. Exhibit "A", it: an "E" Zone Ibr thc propert} hereinafter described, and bas found as a matter o:' fact that saz!~.fxcto% provision and an-,angement haxe been made concer...i:'.z ail applicab!e requital bv said regulations and in accordance ',~i:}: Section 2.7.5 of thc. Zoning of said Land De\ elopment Code 5r the uninco:-pora:ed area of Collier County; and WHEREAS, all interested panics have been given oppon'anit.v to be heard b', this Board 5.", public meeting assembled, and the Board having considered all matters presented: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Co!lie: County, Florida. that: The Petition V-2!)0u-01 filed b~ Morr, is-Depex~ Assecia:es, Inc., representing Mastercraft Homes, Inc. xx'ifi~ respect to the propen} hereinafter described as: The x~est 75 feet ortho east 150 feet of Golden Gate Estates Tract 142, Unit 27 as recorded on Page I7 of Plat Book 7 of the OfficiaI Records of Collier Count.',', Florida be and the same hereby is approved for a 0.6-foot after-the-fact variance from the required side yard setback of 7.5 feet to 6.9 feet as shown on the attached plot plan, Exhibit "A", of the "E" Zoning District wherein said property is located, subject to the following conditions: -1- . PR !! 2000 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the case of the destrzction of the encroaching structure, for any reason, to an extent equal to or,re'eater than 50 percent of the actual repJacement cost of the structure at the time of its destruction, any reconstruction shaI1 conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Re.~olution relating to Petition Number V-2000-0I be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this daF' of ,2000. ATTEST: D\VIGHT E BROCK, CLERK BOA_RD OF ZONTNG APPEALS COLLIER COL-NTY, FLORIDA Appro',e2 as :o Fon~: and Lega'. Sufficienc':: TIMOTHY J CONSTANTINE. CH.-\IRX!_\N Marni .M. Sc::'dcri Assistant (-c..:nt',' Attom:'. -2- ,PR !I 2000 2000 $89°40 '50"~ ,%'89 °4~9 '50" t4" THE EA5 r I50 ~OLDEN ~ ~ EST, ~AfT Jz2 UNIT 27 ~ MORRIS - DEPEW ASSOCIATES, INC. Exhibit "A" EXECUTIVE SUMMARY V-2000-04, FATIH CAGRAN, REPRESENTING FAITH FUEL CORPORATION, REQUESTING AN 8-FOOT VARIANCE TO 42 FEET FOR NEW FUEL PUMPS AND A 46-FOOT VARIANCE TO 4 FEET TO REPLACE AN EXISTING CANOPY, FROM THE REQUIRED 50-FOOT SETBACK FOR SERVICE STATIONS, FOR PROPERTY LOCATED AT 2068 DAVIS BOULEVARD, FURTHER DESCRIBED AS LOTS 16-18, TRIANGLE LAKE, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests an 8-foot variance from the required 50 feet to 42 feet to allow installation of new gasoline pumps and a 46-foot variance from the required 50 feet to 4 feet to replace an existing canopy. CONSIDERATIONS: The petitioner wishes to install new fuel pumps and replace an existing canopy within the 50-foot setback for service stations. Fuel pumps exist approximately 14 feet from the property line. The proposed pumps would be installed farther from the property line than the existing pumps, but still within the setback. There is an existing canopy that extends to within 2 feet of the property line. The petitioner proposes to replace the canopy with a new canopy that will be 4 feet back from the property line. FISCAL IMPACT: Since the subject property is a platted lot with infrastructure to support a commercial use, approval of this petition would have no additional fiscal impact on the County. AGENDA ITEM APR 11 2000 Pg. GROWTH MANAGEMENT IMPACT: Since the use of the lot is commercial and within the parameters of the General Commercial zoning district, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: The proposed canopy and pumps encroach into the setback to a lesser extent than the existing structures. However, the service station functions as it exists today, therefore, there is no land-related hardship. Because of this fact, Planning Services staff was constrained from recommending approval, and therefore recommended that the CCPC forward Petition V-2000-04 to the BZA with a recommendation for denial. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variances. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on March 16, 2000. By a unanimous vote, the CCPC recommended approval of petition V-2000-04, since the proposed impacts were less intense than the existing conditions. 2 ,aPR 2000 PREPARED BY: ? CURRENT PLANNING REVIEWED BY: RONALDI:. NINO, AICP CURRENT PLANNING MANAGER .¢. ~p,./. oo DATE -oc DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: ^,,/ _ -:.~.~., / .' / ~-~ .. ~._~ VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN-2000-04 AGENDA ITEM ~,';, !i 2000 ~g ___~....~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: FEBRUARY 24, 2000 SUBJECT: PETITION V-2000-04 AGENT/APPLICANT: OWNER: Fatih Cagran Faith Fuel Corp. 2068 Davis Boulevard Naples, FL 34104 AGENT: Fatih Cagran 2204 Sunset Lane Naples, FL 34104 REQUESTED ACTION: The petitioner requests an 8-foOt variance from the required 50 feet to 42 feet to allow installation of new gasoline pumps and a 46-foot variance from the required 50 fe~" to 4 feet to replace an existing canopy. GEOGRAPHIC LOCATION: The subject property is located at 2068 Davis Boulevard, legally described as Lots 18, Triangle Lake. APR!'; 2000 20.90 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to install new fuel pumps and replace an existing canopy within the 50-foot setback for service stations. Fuel pumps exist approximately 14 feet from the property line. The proposed pumps would be installed farther from the property line than the existing pumps, but still within the setback. There is an existing canopy that extends to within 2 feet of the property line. The petitioner proposes to replace the canopy with a new canopy that will be 4 feet back from the property line. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Service station/convenience store and an auto body shop; zoned C-4 Davis Boulevard (SR 84) ROW Miscellaneous businesses; zoned C-4 Water management area Vacant lot adjacent to Chesser's Laundry; zoned C-4 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request transportation or the environment. will have minimal effect on infrastructure, ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which guidelines to be used to assist the Commission in making a determination. to the items in Section 2.7.5.6 are as follows: are general Responses 2000 Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. According to the petitioner, the service station has existed for over 30 years and lost some of its property during the expansion of Davis Boulevard. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The lot was created prior to the six-laning of Davis Boulevard, which took a portion of the tract. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The petitioner currently operates a service station on the site. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A reasonable use of the land exists as the current service station. However, the new pumps will be located behind the existing pumps and the new canopy will be 2 feet farther from the property line than the existing canopy. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have almost the entire facility within the setback that would be required to be maintained by a new service station. 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. The purpose of Section 2.6.28 of the Land Development Code is to maintain a distance of 50 feet from the front property line for all structures. However, the existing pumps and canopy encroach further into the setback than the propos~d~ structures. 3 i APR '~ 2000 go Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The business exists between the Davis Boulevard right-of-way and the existing auto body shop. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: The proposed canopy and pumps encroach into the setback to a lesser extent than the existing structures. However, the service station functions as it exists today, therefore, there is no land-related hardship. Because of this fact, Planning. Services staff is constrained from recommending approval, and therefore recommends that the CCPC forward Petition V-2000-04 to the BZA with a recommendation for denial. FR~EI~ ~ISCHL, SENIOR PLANNER CURRENT PLANNING REVIEWED BY: DATE /./~ONALD F. NINO,AICP CURRENT PLANNING MANAGER DATE ROBERT' J. MULH"E~CP PLANNING SERVICES DIRECTOR DATE *,P?R.OVED BY: ..- VINCENT A. CAUTERO, AICP. ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Pet ticn Number: V-2000-C-' Collier County Planning Commission: RUSSELLA. BUDD, CHAIRMAN Petition No. Cormnission District: VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR~IqING DISTRICT) Date Petition Received: ' Plam~er Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION; Petitioner's Name: Petitioner's Address: Agent's Name: Agent's Address: Telephone: ' '~¥/) ? ? % COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page I of 8 Complete the following for all Association(s) affiliated with this pctition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: City x State Zip tCity~. %, State __ Zip Mailing Address City State __ Zip Name of Civic Association: Mailing Address city State __ Zip PROPERTY DESCRIPTION; Legal Description of Subject Property: Subdivision:-7'/3//)N(.it_£, /-,4/.E Unit Section ]i Twp. ~I~) Range Lot(s)/~- ig Block(s) Property I.D. # 00C007 75 Metes & Bounds Description: ~..,END A itt. Application for Variance Petition - 8/98 Page 2 of 8 ~ 2000 Address of Subject Property: tlr different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LAND USE Minimum Yard Require~nents for Subject Property: Front' Comer Lot: Yes ['-] No [] Side: /'/6~ Waterfront Lot: Yes [] No Rear: Application for Variance Petition - 8~98 Page 3 of 8; 2000 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. I _1 ~ ' I - - ~ 2000 Application for Variance Petition - 8/98 Page 4 of ~ Please note that staff and the Collier County Planning Commission shall be guided in their reconmqendation 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 (I-8). (Please address this criteria using additional pages if necessa~.) Are there special conditions and circumstances existing which are peculiar to the location, size and characterist:cs of the land, structure, or buildi~lg involved. I ! 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. 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. Application for Variance Petition - 8/98 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 or welfare. , .,: , ',2098 Page 5 of 8 ~ AGENDA IT'V_II~ 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. / Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or olherwise detrimental to the public welfare. '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. / ' Will granting the variance be consistent with the growth management plan. ,a o ace ,' . Application for Variance Petition - 8~98 RESOLUTION NO. 2000~ RELATD4G TO PETITION NZLMBER V-2000- 04, FOR A VARIANCE ON PROPERTY HEREIN'AFTER DESCRIBED IN COLLIER COLiNTY, FLORIDA. \\~EREAS, the Legislature of the State o£ Florida in Chapter 125, Florida Statutes. has confe~ed on ali counties in Florida the poea:~r to establis.h, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the Count'. pursuant thereto has adopted a Land Development Code (Ordinance No. 91-i02) which establishes regulations for the zoning of particular geographic divisions of the County. among which is the ~Tant!ng of variances: and \ H~_REAS. the Board of Zoning Appeals. pe:n~ the dui> elected constituted Board of thc area hereby aftl'cted, has held a public heanng al:er notice as in said regulations made and pxx ld~.-~, and has considered ~::e advisability of an 8 foot va.dance to 42 feet for ne'.,, rue] pumps and z 46 lbot variance to .4' feet to replace an existing canop> from the r-ec,~ired 50 foot setback For service stations, as sho~vn op. the attached plo: plan. Exhibi: 'A'. Zone £or tine property kereinaf~er described, ap.d has found as a mater of fact that sa~isfactorx' prov~sion, ap.d a.,-ranzement_ have been made conce~"-o..,= ali applicable matters required b'. said regulations and in accordance ',,,hh Section.." -._ ¢ of the Zoninz_ Re=z::lations. of s~:id Land De', elopme::: Code £or the unincarporated area of C oilier Cot. Iht',: ',\'HEREAS, al! intereste2 parties ha'.e been given oppcT'~:nh>' Io be heard b, this Board in public meeting assembled, and the Board having considered a!i matters NOW THEREFORE BE IT RESOLVED BY THE BOA_KD OF ZONING AP?EALS of Collber C'o'~uw:. Florida. that: The Petition \'-2000-0:: filed b': Faith Ca~zran. represent:ag Faith Fuel Coz?.:.ration. xx itln respec: to thc property hereinafter described as Lots 16-18. Triangle La.~.~, in Section Ii. Township 50 South. Ran~,e 25 Eas:. Collier County. Flor'ida be and the same hereby is approved for an $ foot variance to 42 feet for new fuel pumps and a 46 foot variance to 4 feet to replace an existing canopy' from the required 50 foot setback for service stations, as shown on the attached plot plan. Exhibit "A". of the C~4 Zoning Distric: ,.,.'herein said property is located, subject to the following conditions: -1- 2000 1. The Planning Se~ ic:s Director can ap?rove minor changes to the site plan. 2. A f-foot landscape area shall be installed along the west property line beginning 5 fee: from the north properly line and extendding 50 linear feet somh. The lx::dscaping shall include 3 native c,~nop) woes and a hedge. BE IT RESOLVED th~.~ this Resolution re!ating to Petition Number V-2000-04 be recorded in :he minutes of this Board. This Resolution adopted after motion, second and major/t5' vote. Done this day of ,2000. .ATTEST: D~'h-M'7 r BROCK. ('LEP~K BOARD OF ZONING APPEALS COLLIER COL.~TY. FLORID.~, Ap?r:'. ed as :o Fom~ anO Lega: Sufficie,::c:,: TI.MOTHS' J CONSTANTINE. CH.&IP~XIAN ASSISTANT COUNT\' )~TTORNE\' -2- ~' AGENDA 0 '7' <:I: 60 0 (D 0 Z Z rr LU I.-- 0 0 Zb- -- 0 to n LU<( ~'2 o LU L..) 09 NORTH "Exhibit EXECUTIVE SUMMARY APPROVE INTERLOCAL AGREEMENT WITH FLORIDA GOVERNMENTAL UTILITY AUTHORITY REGARDING COLLIER COUNTY'S OVERSIGHT OF RATES, FEES AND CHARGES OF THE GOLDEN GATE UTILITY SYSTEM. OBJECTIVE: To approve the Interlocal Agreement regarding the County's oversight of water and wastewater rates, fees and charges for the Florida Governmental Utility Authority's Golden Gate Utility System. CONSIDERATIONS: In early 1999, the Florida Governmental Utility Authority (FGUA) was formed by a series of interlocal agreements executed by Brevard, Polk, Hillsborough, Sarasota, Lee, and Collier Counties, enabling the FGUA to purchase the AVATAR water and sewer systems located in each such county. In Collier County, Florida Cities Water Company - Golden Gate Division, was a subsidiary of AVATAR, On March 9, 1999, the Board approved its Interlocal Agreement with the FGUA, thereby preserving Collier County's option for possible future acquisition of the Golden Gate Utility System, while not assuming any obligations or becoming an active member of the FGUA. The original Interlocal Agreement provided for Collier County to have administrative oversight regarding any future water and/or sewer rate increases and required the FGUA to remit regulatory assessment fees to Collier County. Section 2 of the original Interlocal Agreement states the following: "The Count3' and the Authority shall enter into a separate interlocal agreement with respect to the process to be followed in the review and approval of rates, fees and charges of the Golden Gate Utility System. Collier County Water and Wastewater Authority shall retain jurisdiction over customer complaints and other related matters so that the County. shall retain its regulatory assessment fees." Utility Regulation and FGUA staffs reached agreement as to the rate review process on August 26, 1999. The proposed Interlocal Agreement was tabled until the FGUA Board of Directors held its monthly meeting in Collier County, scheduled for March 16, 2000. On March 16, 2000, the FGUA Board of Directors held its monthly meeting at the Golden Gate Community Center. The attached Interlocal Agreement establishing the rate review process in Collier County was approved unanimously by the FGUA Board. The FGUA has honored the original interlocal agreement and is current in the payment of regulatory assessment fees. FISCAL IMPACT: The FGUA continues to remit regulatory assessment fees to Collier County Utility Trust Fund, generating annual revenues of $52,000. 2000 GROW'TH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the Interlocal Agreement with the FGUA regarding Collier County's oversight of rates, fees and charges of the Golden Gate Utility System. ~, ,~_~~ PREPARED BY: DATE: ~' °1~ ~ ' O ~ D. E. "BLEU' WALLACE, DIRECTOR .UTJL~ & FRANCHISE REGULATION VINCENT A. CAUTERO. AICP, ADMINISTRATOR, COMMUNITY DEVELOPMENT AND EI',AqRONMENTAL SERVICES DIVISION DATE: APRil 2000 !. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 INTERLOCAL AGREEMENT REGARDING COLLIER COUNTY'S OVERSIGHT OF RATES, FEES AND CHARGES OF THE GOLDEN GATE UTILITY SYSTEM THIS INTERLOCAL AGREEMENT, dated as of , 1999 (the "Rate Approval Interlocal Agreement"), by and between the FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to section 163.01(7)(g), Florida Statutes (the "Authority") and COLLIER COUNTY (the "County"), each being a "public agency" under Part I of Chapter 163, Florida Statutes (the "Interlocal Act"), as defined in subsection 163.01(3)(b), Florida Statutes. WITNESSETH: WHEREAS, the Authority was established pursuant to an Interlocal Agreement, dated as of February 1, 1999 (the "Interlocal Agreement"), initially among Brevard County, Florida; Lee County, Florida; Polk County, Florida; and Sarasota County, Florida for the purpose of acquiring, owning, improving, operating and maintaining water and wastewater utility facilities; and W~EREAS, pursuant to the Interlocal Agreement, the Authority entered into an Agreement to purchase certain water and wastewater utility facilities owned or controlled by Avatar Holdings, Inc. and its subsidiaries ("Avatar") and such facilities included a water and wastewater utility system located in Collier County, Florida, more commonly known as the Golden Gate Utility System (the "Golden Gate Utility' System"); and WHEREAS, the Authority and the County entered into an Interlocal Agreement Relating to the Acquisition of the Golden Gate Utility System dated March 1, 1999 (the "Acquisition Interlocal Agreement") that provided that the Count5, would have the power to review and/or approve rates, fees and charges relating to the Golden Gate Utility System; and WHEREAS, the said Acquisition Interlocal Agreement also provided that the County and the Authority would enter into a separate interlocal agreement with respect to the process to be followed in the review and approval by the County of rates, fees and charges of the Golden Gate Utility System, which interlocal agreement requirement shall be satisfied by the adoption of this Rate Approval Interlocal Agreement by both parties. NOW, THEREFORE, in consideration of the foregoing and the covenants contained herein, it is mutually agreed and understood by and between the County and the Authority as follows: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 2~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SECTION 1. APPLICATION FOR REVIEW AND APPROVAL. (A) Unless the respective change is then mandated by law, the Authority shall submit to the County a request in writing, with accompanying documentation to substantiate any change as listed below, for review and/or approval at least sixty (60) days prior to the proposed effective date of the following actions: (1) (2) (3) Adjustment in water and/or wastewater rates, fees and charges; or Changes in water and/or wastewater service area boundaries; or Transfer of ownership of the utility system. Before making its decision on the respective matter, the Authority shall carefully consider any of the Count~"s comments, but the Authority shall not be required to delay its decisions awaiting receipt of the County's comments nor obligated to modify its decisions based on the County's comments if doing so would cause the rates, fees or charges to be insufficient to comply fully with all covenants contained in applicable financing documents and provide a reasonable margin of safety over and above the requirements of such covenants. This Agreement gives to the County the right to make such comments, but imposes no duty upon the County to do so. (B) It is recognized that the Authority's rates, fees and charges are not based on the rate base/rate of return methodology cited in Collier County Ordinance No. 96-6, as amended, and that the Authority's rates, fees and charges presently are and at all times must be determined and established to provide funds which, with other funds available for such purposes, are at least sufficient at all times to pay the costs of operating, managing, expanding, improving and maintaining the utility system, including reserves for such purposes, and for replacement .of necessary assets, payment of debt service pursuant to applicable bond covenant requirements and other state and federal laws and to provide a reasonable margin of safety over and above the total amount of such payments. SECTION 2. REGULATORY ASSESSMENT FEES. Regulatory Assessment Fees shall be remitted to the County pursuant to Collier County Ordinance No. 96-6, as amended, effective April 16, 1999. It is recognized that Florida Cities Water Company is responsible for Regulator)' Assessment F.ees through April 15, 1999, the closing date of sale of the Golden Gate Utility System to the Authority. SECTION 3. COUNTY ASSISTANCE VOTH DISPUTES. The County shall assist the Authority or act as facilitator in addressing customer service/billing disputes and resolutions thereof. SECTION 4. AMENDMENTS AND TERM. This Rate Approval Inteiioc~l Agreement may be amended in writing at any time by an interlocal agreement between the Authority and the County and shall continue until lawfully terminated by the parties thereto. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 SECTION 5. RECORDING; EFFECTIVE DATE. (A) A copy of this Rate Approval Interlocal Agreement (and all future amendments hereto, if any) shall be filed in accordance wSth the provisions of the Interlocal Act and recorded by the County in the Public Records of Collier County, Florida. (B) This Rate Approval Interlocal Agreement shall become effective on the latter of (1) the dated date hereof or (2) the last date the last of the parties hereto executes this Rate Approval Interlocal Agreement and the filing requirements of Section 5(A) hereof are satisfied. IN WITNESS WHEREOF, this Rate Approval Interlocal Agreement has been executed by and on behalf of the Authority and the County by their authorized officers or officials. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form m~d legal suff'w,3ency: t ' Thomas C. Palmer Assistant County Attorney ATTEST: SecretaW-Tr-e~i~ CHAIRMAN Approved as to form &al sufficiency:  C. Pelham, Jr. ral Counsel -3- EXECUTIVE SUMMARY RESOLUTION TO EXTEND THE AD HOC SELECT COMMITTEE ON COMMUNITY CHARACTER AND DESIGN THROUGH APRIL 13, 2001 AND REAPPOINT MEMBERS OBJECTIVE: To reappoint members to the Select Committee on Community Character and Design and approval from the Board of County Commissioners for the extension of the Committee for 1 year, expiring on April 13, 2001. CONSIDERATIONS: On April 13, 1999, the Board of County Commissioners adopted Resolution No. 99-203, establishing the Select Committee on Community Character and Design for a period of one year to oversee the development of a comprehensive urban/rural design master plan. The Select Committee prepared a Scope of Services for the purpose of preparing a Community Character and Design Master Plan, recommended selection of the consultant team of Dover, Kohl and Partners and on February 22, 2000, the contract agreement with Dover, Kohl was approved by the Board of County Commissioners. The Community Character Plan will take approximately 1 year to complete. In order for the Select Committee to continue oversight of the development of the Community Character and Design Plan, it is necessary to extend the committee through April 13, 2001. The membership of the Select Committee on Community Character and Design is as follows: MEMBERS' Sally Barker Laura Burke Michael Davis Ellin Goetz David Guggenheim Tim Hancock Carl Kuehner Joe McHarris Samuel Noe Jim Rideoutte Norm Trebilcock Susan Watts FISCAL IMPACT: NONE GROVVTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners approve the attached resolution for the reappointment of members to the Select Committee on Community Character and Design. PREPARED BY: ~k~dY TO M PR"E~I EON~~f~ 'i~C~I~ A~.N~' ICNI~'~cPTLIAONN~ER REVIEWED BY: STA: L. ITSING~;I~, AICP ~/ COMPREHENSIVE PLANNING MANAGER REVIEWED BY: ROBEkT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: I / VINCENT A. CAUTERO, AICP, ADM~IST~ATOR COMM~ITY DEVELOPMENT A~ ENVIRO~ENTKL SERVICES DIVISION March 29, 2000 DATE DATE DATE DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2000- A RESOLUTION TO EXTEND THE TERM OF THE SELECT COMMITTEE ON COMMUNITY CHARACTER AND DESIGN THROUGH APRIL 13, 2001 AND TO REAPPOINT MEMBERS TO THE SELECT COMMITI'EE ON COMMUNITY CHARACTER AND DESIGN. WHEREAS, on April 13, 1999, the Board of County Commissioners adopted Resolution No. 99-203, establishing the Select Committee on Community Character and Design as an ad hoc Committee to oversee the development of a comprehensive urban/rural design master plan; and WHEREAS, the Select Committee on Community Character and Design is to be composed of 12 members to serve a term of one year, which will expire on April 13, 2000; and V~q-IEREAS, on February 22, 2000, the Board of County Commissioners approved a contract with the consultant firm of Dover, Kohl and Partners to assist the Committee in its preparation of a master plan for'community character and design; and WHEREAS, the Select Committee is requesting an extension of its term in order that it may work with the consultant to prepare the above-mentioned Master Plan. NOW, TI-IEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMIV[ISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Select Committee on Community Character and Design is hereby extended for a period of one year, said term shall expire on April 13, 2001. 2. The Board hereby reappoints of the following members to the Select Committee on Community Character and Design: Sally Barker Laura Burke Michael Davis Ellin Goetz David Guggenheim Tim Hancock Carl Kuehner Joe McHarris Samuel Noe Jim Riddeoutxe Norm Trebilcock Susan Watts Said members shall be appointed for the duration of developing a comprehensive urban/rural design master plan or for a term expiring April 13, 2001, whichever is less. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: l~a~id C. Weigel County Attorney By:. TIMOTHY J. CONSTANTINE, Chairman Apr ! 2000 EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER AND SEWER FACILITIES FOR CREEKSIDE CO~AqERCE PARK WEST, UNIT i OBJECTIVe: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Creekside Commerce Park, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on December 4, in accordance with Ordinance 97-17. 1998, 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (~)~ year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form a Performance Bond No. 1373782 will be released to the Project Engineer or the Developer's designated agent upon ~he Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. AGE~A ~TE~ 4PR 2000 Executive Summary Creekside Commerce Park Page Two GROWTH MANAGF~MENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County ComMissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Creekside Commerce Park, and release the UPS to the Project Engineer or the Developer's designaYed agent. PREPARED BY: Shirley Nix, Engineering Technician II Engineerir~g Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager RObert Mulhere, AICP Planning Services Department Director AP PROVE D--~B~:, .... Vincent ~. Caut~ero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date IA~A~,I II~,~L NO~'h~ (U $. ROUTE 41) f-,,.j Bond #1373782 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, that Creekside West, Inc., a Florida corporation, located at 2640 Golden Gate Parkway, Suite 115, Naples, Florida 34105, (hereinafter referred to as"Owner")and Amwost Surety Tn_q,~r~nc-o Onrnr~anv (hereinafter referred to as "Surety") are held and firmly bound unto Collier ~0un~ty, Florida, (hereinafter referred to as "County") in the total aggregate sum of$Sixteen thousand~ four hundred eleven and seventy nine/one hundred Dollars ($16,411.79) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns; joinlly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities Facilities Construction Contract, dated the 16m day of February., 1998, a copy of which is hereto attached and made a part hereof; and WHEREAS County has a material interest in the performance of said Contract; and WHEREAS County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning Owner's obligations to County regarding the construction, conveyance and warranty water and ;vastewater facilities constructed within the unincorporated area 6fCollier County. NOW, THEREFORE, if Owner shall well, truly and faithfully perform its obligations and dulies ~o County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by Owner, with or without notice to the Surety and during the guaranty period established by County, and thereafter, and if Owner shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which County may incur in making good an5' default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDE, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment lo Contract not increasing the contract price more than 20 percent, so as to bind the Owner and the Surely ~o the full and faithful performance of the contract as so amended. The term "Amendment", wherever used i~ this bond, and whether referring to this bond, the Contract or other documents shall include any alteration addition ~or modification of any character whatsoever. Page 1 of 3 ~ '~P~' ~ ; 2000 LIMITED POWER OF ATTORNEY Arnwest Surety Insurance Company Expiration Date: 11/11/00 POWER NUMBER 0000947939 This document is pnnted on ~,hite paper containing the artificial watermarked logo ( ~t. ) of Amwest Surety Insurance Company on the front and brova~ securit2,./ , on the back. Only unaltered opiginals of the Limited Power of Attorney CPOA") are valid. This POA rray not be used in conjunction with any other POA. No representations or v, arranties regarding this POA may be made b> any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Arnx~est Sureb' Insurance Company (the "Cornpan.',"') sbal1, not be liable on any limited POA which is fraudulently produced, forged or otherx~qse distributed x~qthout the permission of the Company. Any par'b' concerned about the validity of this POA or an accompanying Company bond should call your local Arewest branch office at (813) 287-1576 ICNOX,V ALL BY THESE PRESENT, that Arnwest Surer? Insurance Cornpan.,,', a Nebraska corporation, does hereby make, constitute and appoint: Karen A. Keller Ron Kasarda Mark Benson Piper Kelly Hunt Paula A. Murdock As Employees of Sedgwick of Florida, Inc. i~s true and justful Attorne>-in-fact, x~ith ~imited po~er and a~thority for and on behalf of the Company as surer.'. to execute, deliver and affix the seaI of lhe comport)' thereto ira seal is required on bonds. undertakings, recognizances. reinsurance agreement for a Miller Act or other pcrfornm_:'.ce bond or other v, ritten obligations io the nature ~hereof as follows: Bid Bonds up to S500,000.00 Contract Bonds up to $1.000,000.00 License and Permit Bond~ up to S100,000.00 Miscellaneous Bonds Up To S100,000.00 , bind the company thereby. This appointment is made under and by authority of the By-La~s of the Comport.',', v, hich are now in full force and effect. .indersi~ed secretary. of Arn\'.est Surety Insurance Comport>', a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and ,mr has not been revoked and t~rtberrnore, that the re>olutions of the Board of Dire:tore of Arnx, est Surety Insurance Comport>' set forth on this Pox~er of Attorney, and e relevant provisions of the By~Lax~s of each company, are nov, in full force and effect t N,,.l '7. qS2 Signed :sea,edthis da','o Z e.- ,9Og },bren G Cohen, Scc~ · ' * * * * * * * * * * ' * * * RESOLUTIONS OF TIlE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * ' * * * * * * " * ] POA is signed and sea~ed by facsimile under and b> the authori~ of the follo~ng resolutions adopted by the Board of Directors of Amwest Surety lnsu!'ance Company a: meeting dul.'. held on December 15. 1975: RESOLVED. that the President or an> Vice President, in conjunction with the SecremU' or any Assis'.ar.t Secretary, may appoint attorneys-in-fact or agents with a. ',~rit> as defined or hmited in the instrument evidencing the appointment in each case, for and on behalf of the Company. to execute and deliver and affix the seal of the C ':pony to bonds, undertakings, recognizances, and suretyship obhgations of all kinds; and said officers may remo~e an>' such attorne.,,-in-fact or agent and revoke any POA p . iousl~ ~anted to such person. RESOLVED FURTHER, that any bond, undertaking. recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or an.,,' %'ice President and attested and sealed (ira seal be required) by any Secretary or Assistant SecretaD: or (ii) when signed by the President or any %'ice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (lii) x~hen dul.,. executed and scaled (if a seal be required) by one or more attorne.',s-in-fact or agents pursuant to and within the lin*tits of the authori~ evidenced by the power of attorney issued by the Comport.'. to such person or persons RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Corn, pan.', n-ay be affixed by facsimile to any POA or ccrti~cation thereof outdoor:zing the execution and delivery of any bond, undertaking, rccogmzance, or other suretyship obligations of the Company; and such signature and seal when so used shall ha~ e the same force and effect as though manually affixed. IN \VITNESS WHEREOF, Arnwest Surety Insurance Company has caused these present to be signed by its proper officers. and its corporate seals to be hereunto affixed this John E- Savage, PresidZ7 ~ Karen G. Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me, Peggy B. Lotion Notary' Public. personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to rne on the basis of satisfactory evidence) to be the person(s) v, hose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his'her/their authorized capacity(ies), and that by hisf her/their signature(s) on the insmoment the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. ¢ s ""-; ..... .......""' WITNESS my '~ and official seal. '~~ Signature ~ ~ ' Peggya Lo(m, ta~,P~hc 5230 Las Virgenes Road Calabasas, CA 91302 . TEL 8xs s71-200 . APR ! i 2000 ~ aI ._ :' 'L ~ay of IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this S CREEKSIDE WEST, INC., a Florida corporati By: ' ~/'~-' ' " rATE OF FLORIDA '~UNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of/,-. ~'. I~:l.,:,',. 1998 by :ul J. MarineIll as, President of Creekside West, Inc., a Florida corporation, on the behalf of the ¢poration. He is personally known to me and did not take an oath. OFFICIAL NOTARY SEAL i ,(,.- , ~ CARQLYN A Notary Public ~' COMMISSION NUMBER CC487298 ~ MY COM~SS~ON EXP. Printed Name: SEPT 25,1999 My commission expires: (Insurance company) Page 2 of 3 STATE OF FLORIDA COUNTY OF c~ q 3 i The foregoing instrument was acknowledged before me this 2 day of Dec , 1998 by K~r~=n A_ Kelqer ,OfSedgwick .~,7 FT. a F]oria~ corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Notary Public ,,~ Printed Name: My commission expires: EIEVERLY A HAMILTON MyCornf'nismionCC441300 E,~pires Me~r 10. 1999 Bonded by AN8 800-852-5-878 Page 3 of 3 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CREEKSIDE COMMERCE PARK WEST UNIT ONE" OBJECTIVE: To grant final acceptance of "Creekside Commerce Park West - Unit One" CONSIDERATION: On December 7, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Creekside Commerce Park West - Unit One" The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached· FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None APR 11 2000 Executive Summary Creekside Commerce Park West - Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Creekside Commerce Park West - Unit One" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVI EWe BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Rebe~t Mulhere, AICP Planning Services Department Director APPROVED BY: ~ / ~Tf77~' // ~ 6: C~.-~t_~_' Vincent A. Cautero, AICP, AdminisZrator Community Dev. and Environmental arcs. Date Date j rh APR 2000 NAP LE S, FLO R IDA · _~' I ~U~~ ~ .. .0. ;Vanderbiit Beach Ro~-,: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 2000- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE, WATER AND SEx, VER IMPROVEMENTS IN CREEKSDE COMMERCE PARK WEST, U~'IT ONE. RELEASE OF THE MAINTENANCE SECURITY. )uNT) ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY. DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County. Commissioners of Collier County, Florida, on January 6, 1998 approved the plat of Creekside Commerce Park West, Unit One for recording; and WqqEREAS. the developer has constructed and maintained the roadway, drainage. water and sewer improvements in accordance w'ith the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 *102. as amended}', and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17}, and WHEREAS. the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS. the Compliance Services Section of the Development Services Department has inspected the roadway, drainage. water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Creekside Commerce Park West. Unit One, and authorize the Clerk to release the maintenance Security. BE IT FL'RTHER RESOLVED AN3 ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvemems that are not required to be maintained by the homeowners association. This Resolution adopted after motion. second and majority vote favoring same. DATE: ATTEST: DWqGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR1DA By: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: t Heidi F. Ashton Assistant Collier County Attomev AGENDA APR !% 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BRIDGEWATER BAY, UNIT ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Bridgewater Bay, Unit One", a subdivision of lands located in Section 1, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Bridgewater Bay, Unit One" 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 "Bridgewater Bay, Unit One" be approved for recording. plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1,632,211.25 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $648,249.00 - $983,962.25 The Security amount, equal to 110% of the project cost, is $1,795,432.38 AGEND A ~TF_.,M APR !l 2000 Executive Summar,/ BrlGgewater Bay, Unit One Page 2 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: $30,667.34 Fees are based on a construction estimate of $1,632,211.25 and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 950.20 b) c~ Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer i.50% const. est.) - $ 3241.25 Drainage, Paving, Grading (.42% const. est.)-$ 4206.83 Construction Inspection Fee Water & Sewer i1.5% const. est.) - $ 9723.74 Drainage, $12545.52 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 "Brldgewater Bay, Unit One" for recording with nhe following stiFulations: Approve the amount of $1,795,432.38 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 2000 Executive Summary Bridgewater Bay, Unit One PaGe 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Robert Mulhere, AICP Planning Services Department Director APPROVED "~" "' / ~3-~i %__ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Dale jrh aPE ~.I 2000 3~ NAPLES' ~ 9 \ SEAGA~ LOC~TION TN,J,. Z,8 PINE RIDGE ROAD VICINITY MAP NOT TO SCALE ~ ~_NOA ;TEM ~ ~P~ ~1 ?000 EXECUTIVE SUMMARY REQUEST FOR SPEED LIMIT REDUCTION FROM 30 MILES PER HOUR (30 MPH) TO TVVENTY FIVE MILES PER HOUR (25 MPH) IN GOLDEN GATE CITY. OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction in the Golden Gate City neighborhood bounded by Santa Barbara Boulevard on the West, C.R. 951 on the East, Green Boulevard on the North, and Golden (}ate Canal on the South. CONSIDERATIONS: In response to concerns expressed by the neighborhood regarding traffic safety issues, Transportation Staff is seeking a reduction of the posted speed limit throughout the Golden Gate City neighborhood (Attachment #1 ), from 30 MPH to 25 MPH. Transportation Staff has determined that a lower speed limit of 25 MPH is necessary to address the safety concerns and accident potential in this high-density, residential neighborhood. Additionally, the speed limit reduction will assist the County Sheriff's Office in remus of enforcement capability. Resolution 96-340 (Attachment #2), adopted on August 6, 1996, provides for a reduction of speed limits based on StafFs recommendation, a citizens' petition, Board approval, and subject to availability of adequate monetary and personnel resources. Due to the size and natm'e of this request, Staff recomn~ends waiving the petition requirement under Resolution 96-340. In tenus of logistics, the compilation of signatm'es representing a majority of residents encompassing 6,200 homes would be difficult to coordinate. FISCAL BIPACT: The estimated cost of installing the necessm3, speed limit signs is $4,800.00. Funds are available in Road and Bridge Fund (101). GROXVTH MANAGEMENT ITHPACT: None RECO~'I.~IENDATION: That the Board approve reducing the speed limit in Golden Gate City as shown in the attachment. and authorize staff to erect the appropriate traffic control signs. SUBMITTED BY: Gerald Morris, t Manager I, NTMP REVIEXVED BY: REVIEg. TED BY: APPROVED BY: Altachmcnts: D,a, le B~atho.~ P.E., T c ~r ;~~ K~Z~~?~tion Services Director · -. , / ' ' ~ Works Adminis~ator 'ar r ~1 Area Map ~2 Resolution 96-340 DATE: DATE: DATE: DATE.. R 26 E GOLDEN GATE CANAL L/M/TS OF SPEED RED U C TI ON AREA GOLDEN GATE CITY AU6-6 t996 IrESOLUTION II0. 96- lIESOLUTION TO AUTHOIilZE RIDUCTIOIIS OF LIITSTOTWINTYFIVIMILESPBENOURQSMPIOIHI DESIGNATED PLATTED LOCAL SUIINVISION ROADWAYS THAT All THIN DBNCATID WHEIEAS, Section 316, F/or/da SI313~es. and Collier County Ordinance NO. 9q-25 authoMzes the BOard Of CounW CommIssioners to alter or establish speed limits on roads under Its JurlsdlcUon; arlcI WHBEAS, many local sulxIIvlslon roadways fall urKler the Jurisdiction of the Board of County com~ls~4)fiers; anti WHEREAS, In __accor_cla~ce with Section 316, F/ot/da b'*Jti/tes, and Collier county On:llnance NO. 94-25, many local pitted resld~mtlal sulxIIvlslon roadways are constnacte~l with lane widths in anUclpation of accomnwc~Ung only low traffic volumes traveling at low sl)eeas; and WHEREAS. me Board of county commissioners has set Drececlents est3blishlng a 25 MPH speed limit on many of the platZed local reslclenUal subdlvtslon roaclways within Collier County; and WHEREAS, DuDIIC notification has been advef13sed two ~ wee~s Drlor to the Collier County Board of County Commissioners' pubtic meetings held to consider the proposed speed limit reductions to 25 MPH; and WHEREAS, Inspections promulgated Uy requests of cltizem to lower me sDeecI limits within residential areas have recently conflrmecI that many of the roadways within older sulxIIvlslons In the County have Ueen constructed below the current County-sulxIIvislon standarcIs and which ro~cIs are uUIIzed concurrenUV by vehicles, pedestrians, and cyclists. and which roam have been constructed for only low-volume, low~DeecI travel; THEREFORE, BE IT RESOLVED BY THE BOARO OF COUNTY COMMISgONERS OF COLLIER COUNTY, that 1. speed limits on roads may be lowered, when determined by the County's Transportation Department to be warranted, to 25 MPH on the pitted and accepted local s~bdlvlsioq roadways, Implementation of those speed zones by the Transportation Department shall be subject In each instance to having T received a ciUzens' per, ition meeting County redu|remen~-amt .... requesting sam, In accordance with engineering studies, gaining Board of County Commissioner approval, and subject to availability of adequate monetary and personnel resources. 2. The effective date of each speed limit reduction by road segment shall not be unUl a) Board of County Cornmission approval; and a wfii~en noU~catlon of each sucl~ speed limit reduction has been dativered to ~e Collier County Sheriffs office. 3. The CountYs Transportation DC~b.~nt MII review each respective residenUal madway upon receiving a cltlzenr pettalon for such action from me residents requesldng that me respecOtm speed limit be lowered, After De~t will make Its recc. mmmdllon and the Board of County Commission will 13~e action to deny me requesl; or to approve me reques~ and auffiortze the Transportation Department to commence lOwering the respective speed limits, subject to grovlding wrll:ten notification of each such reduction to the Collier COunty Sllerlff's office. Authorization Is hereby given to the Countys Tran~on Department to efec~ appropriate speed limit signs In accordance with each respecUve speed limit recluction caused pursuant to thIs Resolution, and In accordance with Section 316, Rorlda s1;atur. es, and with ColHer County Ordinance No. 25, as then mended. 5. Nodding any other provision hereIn, speed limits ~hall remain at thirty miles per hour (30 MPHI on local subdivision roadways with areas of Collier County now or hereafter plati~d as 'the Golden ~ Estates*, and also on all roadwaVs then platted or then accepted as 'local county roadways" provided such roads are neither within a subdivision nor are then subject to me establishment of different speed limits In accordance with applicable Florida sl3tur4~ and/or with County Ordinance No. fl-25, as then amended. The Clerk to the Board shall provide a true copy of this resolution to the Collier County Sheriffs Office. Att-6m THIS RE,SOLUTION ADOPTED THIS ~ DAY OF/'~y-,....r. , 1996, AFTER ATTEST: DWIGHT Eo BROCK, CtfRK kCd=d~'tck.~. .o. 000~,',,, 26 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. PHA-FT-00-03 WITH PITMAN-HARTENSTEIN & ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES FOR THE PROPOSED SIX LANE IMPROVEMENTS OF AIRPORT-PULLING ROAD FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 62031 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order No. PHA-FT-00-03 for permitting services and drainage analysis for the proposed Six Lane Improvements of Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road. CONSIDERATION: As part of the County wide roadway improvements. the proposed Six Lane Improvements of Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road are necessary to improve traffic flow, These proposed improvements are designed to convert the existing four-lane rural section to a six-lane urban section with three 11-foot lanes (with curb & gutters on each direction), a 22-foot wide raised rnedian and 8-foot pathways on both sides of the roadway. This Work Order xvill provide the necessary permitting services, as well as, a drainage analysis based on the completed 90% roadway design plans. FISCAL IMPACT: Funds in the amount of $66,448 will come from the gas tax supported Transportation Capital Fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the Public Works Engineering Department Director to approve Work Order No. PHA-FT-00-03 on behalf of the Board, SUBMITTED BY: Gerald N. Kurtz, E er II, Public Works Engineering Department Date: Executive Summary Airport-Pulling Road/C.R. 31 Six Lane Improvements, Project 6203 l Work Order #PHA-FT-00o03 Page No. 2 REVIEWED BY: f~ B } ~ ~/?) /// ibby, P.E.,~ ' REVIEWED BY: '- Edward J.~Kit, P.E., Trans ~io~ STs ~ec~r "' 'f ~PROVED BY: :f~~'/ fJ / Attachment: Work Order #PHA-FT-00-03 Date: Date:; Date:' WORK ORDER # PHA-FT-00-03 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order is for professional cngineering serelees for work known as: Airport-Pulling Road Six Lane Improvements- Pine Ridge Road to Vanderbilt Death Road Reas91q: To provide permitting services and drainage analysis for the proposed six lane improvements or Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road. The work is specified in the proposal dated March 1:5, 2000, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PHA-FT~0Q-Q3 is assigned to Pitman-Hartenslcin and Associates. ~[nc. Scope of WorK; Data Collection and research, site observation, agency coordination, drtinage analysis. plan review and coordination. SFWMD permitting, Big Cypress Brain permitting, ACOE permitting. project coordination. additional services as directed by Collier County. Schedule 9r Work; Complete work within tO0 days from receipt of the Notice to Proceed authorizing start of work. ComPensation: In accordance with Article Fivc or the Aircement, the County will compensate the Firm in accordance with th4= negotiated lump sum amount indicated in the schedule below tar a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schcdu]e "A" of the Agreement), Permitting and Drainage Analysis $ 59,32g.00 Additional Services $ 6,000,00 Rcimbursables (Expenses) $ 1,120.00 (lump sum) (time & material) (lump sum) TOTAL FEE $ 66,441,00 Any change within monetary authority of this Work departmen~ approval will be considered an additional Schedule "A" of the Agreement. Order mada subsequent to final service and charged according to PREPARED BY: AUTHORIZED BY: APPROVED BY: Gerald 'N. Kurtz, Engineer It Edward J. Kant, P.E., Transportation Director J~=ff Bibby, P.E., PWED Director Dale Date Date Approved as to Form and Legal riciency: ,i ACCEPTED BY: Date: 3-16-00 ATTEST: (Corporate Sec.r. etary) /,~ / ~/,' . B B~: , ..._-~ .... - /' ~.H. Pitman, Jr., Presiden~ Signature a-lan Hartenstein, Executive V~n~ President Type Name e~nd Title |'q=mpIitc/SN,'WO F,xed Term Pro E~W, Serv 2 Note BC'~2 needs to authorize the aolt&t leoget and request this 9CC t~ &ulhotis; the PWED C)e;erlment l)tfc¢t~br ku ~¢cu1¢ the Work OTGGr as psrt of your Exccutlvc Semmlry. EXECUTIVE SUMMARY REAPPROPRIATION OF TOURIST DEVELOPMENT TAX FUNDING FOR THE CLAM PASS INLET MANAGEMENT PROJECT. OBJECTIVE: To obtain approval for reappropriation of unobligated funds in Fund 195 during FY 98/99 for use in FY 99/00. CONSIDERATIONS: Funds in the amount of $25,000.00 were appropriated in FY 98/99 for professional engineering services related to the dredging of Clam Pass. Such funds were unencumbered and unexpended during FY 98/99 but are necessary during FY 99/00 for services rendered. Therefore, approval for re, appropriation of those funds for use in FY 99/00 is requested. FISCAL IMPACT: Funas for this requested re, appropriation are the result of additional carry forward and are available in the reserves of Fund 195. A budget amendment is necessary for this action whereby such funds will be transferred from the reserves of Fund 195 to the appropriate expenditure category. Funds are available in Fund 195, Tourist Development (60%). The source of funds is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this item. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the reappropriation of Tourist Development Tax funding for the Clam Pass Inlet Management Project. 2. Approve the necessary budget amendment. ~b6~, ~Director ' ' Public Works Engineering DeCent ~PRO~D BY: ~war ' ator m orks Division DATE: DATE: DATE: Attachments HEH.Ih. Clam Pass Inlet Project e: Beach Renourishn;ent/Maintenance Committee Jane Eichhom, TDC Coordinator EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. 00-3033, HIDEAI,VAY BEACH T-GROIN CONSTRUCTION. OBJECTIVE: To obtain the approval of Change Order No. 1 to Contract No. 00-3033. CONSIDERATIONS: On February 22, 2000, the Board of County Commissioners awarded a contract for Bid No. 00-3033 to Douglas N. Higgins, Inc. to perforn~ repairs and modifications to the five (5) existing T-Groin structures on Hideaway Beach. Placement of approximately 10,000 cubic yards of beach compatible material is necessary to address severe erosion which has occurred adjacent to these structures. Existing contracts with Bonita Grande Sand Company and Allied Trucking were intended to be used to provide a source for placement of this material and therefore it was not included in the scope of this contract. However, further evaluation has revealed that suitable material for this purpose can be obtained from dredging in the Big Marco River channel. Such would be the same source as that being used to repair and modify the existing structures under this contract. Negotiations with the contractor have revealed that this method would cost less than having it performed under the other contracts ($12.75/c.y. versus $12.94/c.y.). Therefore, it is being recommended that a change order to Contract No. 00-3033 be approved as being the most efficient and cost effective method of performing the proposed work. FISCAL IMPACT: The recommended amount of this change order is $127,500.00 (10,000 c.y. ~ $12.75/c.y.). Funds in the amount of $134,353.00 remain available fi'om those appropriated for this project. These funds are available in Fund 195, Tourist Development - 60%. The source of funds is the Tourist Development Tax. GROVCTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMNIENDATION: That the Board of Count), Comn~issioners: 1. Approve Change Order No. I to Contract No. 00-3033 in the amount of $127,500.00. 2. Authorize the Public Works Engineering Department Director to execute the change order. Executive Summary Hideaway Beach T-Groin Construction Page 2 SUBMITTED BY: Harold E. Huber, Project Manager III Public Works Engineering Department REVIEWED BY: APPROVED BY: ibby, P.E., Directc0r Public Works Engineering Department Public Works Division DATE: DATE: C: Beach Renourishment/Maintenance Committee Humiston & Moore Engineers Douglas N. Higgins, Inc. Jane Eichhom, TDC Coordinator HEH.Ih. Hideaway Beach T-Groin Construction TO: Douglas N. Higgins, Inc. 2887 Tamiami Trail East Suite # 1 Naples, FL 34112 CHANGE ORDER FROM: Collier County Public Works Engineering Department 3301 East Tamiami Trail Naples, Florida 34112 Project Name: Hideaway Beach T-Groin Construction Agreement Dated: February 22, 2000 P.O. No.: 004310 Change Order No.: 1 Date: March 28, 2000 Change Order Description: Provide and place approximately 10,000 c.y. of beach compatible material adjacent to existing T-Groin structures on Hideaway Beach. Original agreement amount .....................................................................$ Sum of previous change orders amount ...................................................$ This Change Order Amount ...................................................................$ Revised Agreement Amount .....................................................................$ 137,100.00 0.00 127.500.00 264,600.00 Substantial Original contract lime in calendar days ....................................45 Adjusted number of calendar days due to previous change orders -O- This change order adjusted time is '0- Revised Contract Time in calendar days N/A Final 50 -0- -0- N/A Original Notice to Proceed date .........................................................March 17, 2000 Completion date based on original contract time .................................5/1/00 5/6/00 Revised completion date ....................................................................N/AN/A Your acceptance of this change order shall constitute a modification m our Agr~ment 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 Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Harold E. Huber Date: PWED Project Manager III Recommended by: Kenneth K. Humistom P.E. Date: Humiston & Moore Engineers Accepted by: Darnel N. Higgins. Vice Presidnet Date: Douglas N. Higgins, Inc. Approved by: Date: Jeff Bibby, P.E., PWED Director (For Use by Owner: Fund: 195 Cost Center: 110406 Object Code: 634999 Project No.: 80221 G:XForms\Change Order Master.doe Revised 02/03/98 HIDEAWAY BEACH T-GROIN CONSTRUCTION COLLIER COUNTY CONTRACT NO. 00-3033 CHANGE ORDER NO. 1 JUSTIFICATION AND SUPPORTING DOCUMENTATION Alternatives: (a) Contracts 98-2838 and 98-2900 (1) Beach Fill Material (98-2838) - (2) Transport (98-2900) - (3) Placement (98-2900)- TOTAL (b) Change Order to Contract No. 00-3033 (1) Provide and Place Beach Fill - (see attached proposal) Adiustment for Change Order: 10,000 c.y. ~ $12.75/c.y. = Revised Schedule of Values: (a) Original Agreement - (b) Change Order No. 1 (c) Revised Contract Amount - $4.80/c.y. 5.62/c.y. 2.52/c.y. $12.94/c.y. $12.75/c.y. $127,500.00 $137,100.00 127,500.00 264,600.00 Ht-I. lh. Contr~ No. 00-3033 0~./21/00 TU~ 13:2i FAI 941 7'i~ H ,g M ENGINEERS I)OUCL~S N ltlGGINS INC PAGE ii~001 March :ll, 2000 Collir-r Co~ Bid ~ffi0-3033 I-Iide~way Beach 'raT_d~ Con~tructlou Beach Fill Proposal Via Fax & Dear Ken, W~: ix= writing in r~gards to the l~nch FIll Proposal We are providing pnc~s to cLredgc beach ~1 as demcribed iu you~ memo dated 1~ 17, 2000, Ou~ prices follow. Mobilization LS $10,000.00 Besch FtH in Phce CY $I1.75 Ptcas~ cortuct mc at 941-774-3 130 with toy questiou~ or concerns. Siacm~ly, Pwjea Mana~x' EXECUTIVE SUMMARY EXECUTE A JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR IMPROVEMENTS TO THE S.R. 84 AND COLLIER BOULEVARD INTERSECTION OBJECTIVE: Board of County Commissioners' execution of the Joint Project Agreement (JPA) between the state of Florida Department of Transportation (FDOT) and Collier County for improvements to the S.R. 84 and Collier Boulevard Intersection. DESCRIPTION: Collier County is undertaking some intersection design improvements to.the S.R. 84 and Collier Boulevard intersection to improve traffic flow. As part of the coordination with the FDOT, staff negotiated with the FDOT to contribute to the project since it is in the best interest of both parties. The FDOT agreed to participate in the Project by contributing a maximum of $92,358.38 to cover a portion of the cost of construction of the intersection improvements. Staff has negotiated this Agreement with the FDOT and the County Attorney Office has found it legally sufficient. FISCAL IMPACT: A budget Amendment is needed to transfer $92,359 from Gas Tax Reserves and into this project. Funding Source is Gas Taxes. After the work is completed FDOT shall reimburse the County for actual costs up to $92,358.38. These funds will be reimbursed to the Gas Tax Fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners execute the JPA (five copies attached), return the five copies to FDOT for their execution, and approve the attached resolution authorizing the Board Chairman to execute the Agreement on behalf of the Board and approve the necessary budget amendment. SUBMITTED BY: '/< "'~' · Z - .- Date: ':' Micah K. lXlassaquoi, P.E., PMP Project Manager, Public Works Engineering Department Jeff Bibby, P.E. "' APPROVED BY: Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR IMPROVEMENTS TO THE S.R. 84 AND COLLIER BOULEVARD INTERSECTION WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County desires to improve traffic circulation on roadways within Collier County; and WHEREAS, the Collier County Board of County Commissioners, after negotiation with the State of Florida Department of Transportation (FDOT, believes that it can assist in providing said traffic circulation improvements at the S.R. 84 and Collier Boulevard; and WHEREAS, the FDOT has agreed to provide funds in the amount of $92,358.38 to pay for said ramps improvement, and; WHEREAS, the Collier County Board of County Commissioners believes such an Agreement is in the best interest of the citizens of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners OF COLLIER COUNTY, FLORIDA, that: SECTION l: The Board of County Commissioners hereby authorizes its Chairman to execute an Agreement entitled, "Agreement between the State of Florida Department of Transportation and Collier County for Southbound Right Turn Lane Construction (SR951) from 1-75 Southeast Bound Off Ramp to Davis BIrd. (SR84)," between Collier County and the FDOT, agreeing to construct the said turn lane improvement in exchange for a reimbursement from the FDOT in the amoum of $92,358.38. This Resolution adopted this day of April 2000, after motion, second, and majority vote in favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: by: Deputy Clerk TIMOTHY J. CONSTANTINE, Chairman Attest as to the Chairman's signature only. Approved as to form and legal sufficiency: T Assistant County Attorney ITEM/SEGMI~NT NO.: FAP NO.: COUNTY: AG~ BETWEEN TITE STATE OF YLORIDA DEPARTMENT OF TRANSPORTATION AND CO~ ,I,FER COUNTY FOR SOLrFITBOUND RIGHT TURN LANE CONSTRUCTION (SRgSl) YROM 1-75 SOUT~EAST BOUND OYF RA1VIP TO DAVIS BLVD. (SR84) This is an Agreement by and between the STATE OF FLORIDA DEPAR~ OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and COIJ.I'~.R COUNTY, FLORIDA, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the COUNTY has the authority to enter into said Agreemere and to undertake the Project hereinafter described; and WHEREAS, said Project is on the State Highway System and the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WI4ERF. AS, the COUNTY will provide the design and construction engineering inspection services (CEI); and WHEREAS, the DEPARTMENT will compensate the COUNTY for costs directly related to the construction of the Project; and WI-~-REAS, the COUNTY by Resolution No. dated the __ day of ,2000, a copy of which is attached hereto and made a part hereof, has authorized its officers to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations' contained herein, the parties agree as follows: 1. a) The COUNTY agrees to undertake construction and the DEPAR~ agrees to pay for said services, as stated in paragraph 4 herein, provided they are performed in accordance with the terms and conditions of this Agreement. b) The services to be rendered by the COUNTY shall commence, subsequent to the execution of this Agreement, upon written notice from the District Traff'~c Operations Engineer or his/her designee ("Notice to Proceed") and shall be completed within 180 calendar days from the date of said Notice. 2. The Project consists of adding 1000' +/- of right turn lane to SR951 from SE bound off ramp to Davis Blvd. (SR84) as described in the Intersection Improvements Report prepareA by .... Htman-Hartenstein & Associates, Inc. attached hereto as Exhibit "B" and by this reference made ~( .)~/~; a part hereof. -: ;..,. , ', .: ... 3. The DEPARTM~.NT must approve scope of services (prior to advertising by the COUNTY) and the contractor selected for the Project. All work to be performed under this Agreement to be in accordance with the requirements listed in Exhibit "A" and the plans included as Exhibit "B", both attached hereto and by this reference made a part hereof. 4. The DEPARTMENT, after its final acceptance of the Project, agrees to pay the COU/qI~ a maximum lump sum amount of NINETY-TWO TI-IOUSAND TI~-r:-ITUNDPh'rD FIFTY- EIGHT AND 38/100 DOLLARS ($92,358.38). The COUNTY will submit a final invoice for actual direct costs (this excludes general and administrative overhead) of the Project. 5. The COUNTY agrees to provide project schedule progress reports to the DEPARTMENT in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Either party to the Agreement may request and be granted a conference. 6. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered work made for hire and shall become the property of the DEPARTiX/LENT without restriction or limitation on their use. The DEPARTIvlF-NT will have the fight to visit the site for inspection of the work and the drawings of the COUNTY at any time. 7. All notices under this Agreement shall be directed to the following addresses: TO DEPART1VIENT: Chuck Lovell Traffic Operations Engineer Florida Department of Transportation Post Office Box 1249 Bartow, Florida 33831 TO COUNTY: Micah K. Massaquoi Project Manager Collier County Government 3301 E. Tarniami Trail, Bldg. D Naples, Florida 34112 8. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (b) Bills for travel expenses specifically authorized in thi~ Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. (c) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shah be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. (d) If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payment. 2 ;~:-., (e) The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. (f) Vendors (in this document identified as COUNTY) providing goods and services to the DEPAR~ should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured. from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (g) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a prope~y completed invoice is provided to the (h) A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who maybe experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848~3792. (i) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMFNT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the contractor(s)/consultant(s) general accounting records and the project records, together with supporting documents and records, of the contractor(s)/consultant(s) and all subcontractor(s)/subconsultant(s) performing work on the project, and all other records of the contractor(s)/consultant(s) and subcontractor(s)/subconsultant(s) considered necessary by the DEPART/VFF~NT for a proper audit of costs. (j) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPAR~ shall require a statement from the Comptroller of the DEPARTMiNT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Oc) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (1) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. (m ) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. (n) In no event shall the making by the DEPARIMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARIMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. (o) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (p) Unless otherwise specifically stated herein, and construed in accordance with the laws of the State proceedings arising out of the Agreement shall be in Leon this Agreement shall be governed by of Florida. Venue of any judicial County, Florida. (c0 The COUNTY shall carry and keep in force, insurance policy(ies) to protect the DEPARTM'FNT as Standard Specifications for Road and Bridge Construction during the period of this Agreement, required by Section 7-12 and 7-13, 1999, as amended. (r) The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or-payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, national origin, or physical disability in the performance of work under this Agreement. 9. a) This Agreement may be canceled in whole or in part any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. b) satisfactory, If the DEPARTMI~NT determines that the performance of the COUNTY is not the DEPARTMENT shall have the option of (i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. c) If the DI~ARTM~rr requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. d) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an mount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMI~.NT and will be turned over promptly by the COUNTY. 10. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 11. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. b) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTM'~-NT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property direc~y caused or resulting from the sole negligence of the DEPARIlVlENT or any of its officers, agents or employees." 12. This Agreement shall continue in effect and be binding on the parties until the Project is completed, final costs are known, the DEPARTMENT has given the COUNTY written notice of . ,. final acceptance and all legislatively appropriated payments, if approved, axe made by the DEPARTMENT. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that them are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained heroin shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. IN WITNESS ~F the COUNTY has caused this Agreement to be executed in its behalf this day of ,2000, by the Chairperson of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the __ day of , 2000, and the DEPARTMENT has executed this Agreement through its ,District Secretary for District One, Florida Department of Transportation, this __ day of ,2000. BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: CHAIRPERSON ATTEST: DWIGHT E. BROCK, CLERK By: DISTRICT SECRETARY ATTEST: By: (Seal) By: (Seal) EXECUTIVE SECRETARY Appmved: By: TRAFFIC OPERATIONS ENGINg:g~ Legal Review By: DISTRICT LEGAL COUNSm- H: XUSERS~LG150RL\WHC1LEGAL\TRAFF]C. CO~ EXIqTRIT "A" a) b) C) d) e) applicable. Rule applicable. All proposals, plans, specifications, environmental permits, construction, reconstruction or improvement of facilities or equipment within or connecting to State Owned Right of Way shall comply with the following: Section 287.055, F. S. "Consultants' Competitive Negotiations Act". FDOT "Project Development and Environment Manual". Section 404 of the Clean Water Act, Wetlands Permitting Program CU.S.A.C.O.E.). Rule Chapter 62-312 FAG, Dredge and Fill Activities (DEP). Rule Chapter 40D-4 and 40D-40, Surface Water Management (S.W.F.W.M.D.), as Chapter 40E-4 and 40E-40, Surface Water Management (S.F.W.M.D.), as g) A policy on Geometric Design of Highways and Streets (AASHTO) 1990, as amended. h) Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida, 1994 Edition, "Green Book". i) Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations for Streets and Highways on State Maintained Systems, 1994, as amended. j) Florida Department of Transportation Roadway Plans Preparation Manual (2 Volumes), 1989, as amended. k) Manual on Uniform Traffic Control Devices, 1988 Edition. 1) Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1999, as amended. m) Structures Standard Drawings, FDOT, 1998 Edition. n) Florida Department of Transportation Structures Design Guidelines, 1998, as amended. o) Rule Chapter 14-96, Florida Administrative Code (FAC), State Highway System Connection Pennits, Administrative Process and Rule Chapter 14-97 FAC, State Highway System Access Management Classification System and Standards. p) Rule Chapter 14-86 FAC, Drainage Connections. State of Florida Department of Transportation Drainage Manual, 1996, as amended. Minimum Specifications for Traffic Control Signals and Devices, 1994. Florida Statutes regulating acquisition of fight-of-way for transportation facilities, including, but not limited to Chapters 73, 74, 287, 336, 337, 339 F. S. t) Title 23, Code of Federal Regulations, Chapmr 1, Subchapter A, Part 1, Section 1.23 and Subchapter H, Part 710, Subparts B, C. & D. H: ~ US ERS ~LG 150RL\ WHC~CONSTR~X. (A) 8 /t ,/- I 1 Intersection Improvements Report Davis Boulevard (S.R. 84) and C.R. 951 i Table of Contents 1.0 2.0 3.0 4.0 5.0 Introduction ..................................................................................1 1.1 Purpose ...................................................................................1 Existing Conditions ......................................................................3 2.1 Intersection Description .....................................................3 2.2 Roadway Description .........................................................3 2.2.1 C.R. 951 .................................................................3 2.2.2 Davis Boulevard (S.R. 84 .......................................3 2.3 Traffic Volumes ..................................................................3 Intersection Evaluation .................................................................4 Design Criteria ..............................................................................4 4.1 Roadway Design Standards ................................................4 4.2 Desig-n Elements ..................................................................5 4.2.1 C.R. 951 .................................................................5 4.3 Turn Lane Requirements ....................................................5 4.3.1 Southbound C.R. 951 LeftTurn ......................' .......5 4.3.2 Southbound C.R. 951 Right Turn ...........................5 Recommendations ..........................................................................6 ! Appendix A Appendix B Appendix C APPENDICES Sketch and Cost Opinion - Left Turn Lane Sketch and Cost Opinion - Right Turn Lane Aerial Photographs 1.0 INTRODUCTION 1.I PURPOSE The purpose of this report is to review the C.R. 951 southbound Hght hand turn arad left hand turn Lanes onto S.R. 84. Upon evaluation of the latersection, provide recommendations with regards to geometrics with a sketch and cost op~on for the proposed improvements to the Davis Boulevard (S.R. 84) and C.R. 951 intersection in Collier Coumy. Signal operation and ks optim~7~t~on axe not reviewed in the ana/ysis. This report is made with limited data and ~qthout the benefit of a survey or construction plans. It should be u~d for pl~,rfing purposes only. PROJECT LOCATION Pitman-Hartenstein & Assccates. Inc. C.R. 951 & Davis Boulevard Intersection Southbound Left Turn Lane 1 i I C.R. 951 & Davis Boulevard Intersection Southbound Right Turn Lane 2.0 EXISTING CONDITIONS 2.1 Intersection Description The existing signalized intersection is located approximately one quarter mile south of 1-75 on C.R. 951. Southbound C.R. 951 has a 46m (1 50-~: feet) exclusive right turn lane with taper, a 46m (I 50~- feet) exclusive left turn lane with taper, and two through lanes. Northbound C.R. 95I has a 60m (200--~- feet) left exclusive left turn lane and two through lanes. Eastbound Davis Boulevard (S.R. 84) has a 105m (350~- feet) exclusive left turn lane and a shared left turn / through / right turn lane. Westbound S.R. 84 has a 75m (250-~- feet) exclusive left turn lane and a shared tkrough / right turn lane. 2.2 Roadway Descriptions 2.2.1 C.R. 95 1 C.R. 951 is a 4-lane divided rural arterial roadway with an approximately 12m (40 feet) grassed median. It consists of four 3.6m (12 feet) travel lanes with 1.5m paved shoulder of approximately 3.0-j:m (10 feet) on the outside. It is maintained by Collier County south of S.R. 84 and by F.D.O.T. north of S.R. 84. The posted speed limit is 70 km/h (45 mph) north of S.R. 84 and 90 krn/h (55 mph) south of S.R. 84. 2.2.2 Davis Boulevard (S.R. 84) 1 ! Davis Boulevard (S.R. 84) in the project area is a 2-lane undivided rural arterial roadway. It consists of two 3.6m (12 feet) travel lanes with five-foot shoulders. The posted speed limit is 90 krn/h (55 mph) west of Radio Road and 70 km/h (45 mph) between Radio Road and C.R. 951. 2.3 Traffic Volumes Traffic volume information was collected by Collier County and F.D.O.T. and supplemented by DKS Associates, Wilson Miller, and Florida Transportation Engineering (FTE) in their report dated October 12, 1998 for F.D.O.T., District I Planning. Key traffic volumes from the report Pitrnan-Har':ensteita- & Associates. Inc. p' 9902-2Cad//n.~-*: Page 3 are as follows: Average Daily Traffic (ADT); C.R. 951 south ofi-75, 34,600; C.R. 951 north of 1-75, 19,200; C.R. 951 south of Davis Boulevard (S.R. 84), 25,800; and Davis Boulevard (S.R. 84), 16,000. The peak hour turning movement counts are shown in Table 2.3. I I ! 1 t I I ! i i t Table 2.3 Existing Turning Movement Counts at S.R 84 / C.R. 95 1 I ROAD NAME / DIRECTION '- MOVEMENT C.R. 951 / C.R. 951 / S.R. 84 / S.R. 84 / North Bound South Bound East Bound West Bound Left Turn 267 161 695 51 Thru 965 711 95 51 Right Turn 44 614 201 92 3.0 INTERSECTION EVALUATION The volume of traffic that is southbound off of I-75 onto C.R. 951 significantly affects the sig-nalized intersection of C.R. 951 and Davis Boulevard (S.R. 84) and excessive queuing is frequent. At times the traffic at C.R. 951/S.R. 84 even si~ificantly affects the 1-75 exit ramp sig-nal 0.32 kilometers (0.20 miles) noah of the intersection. Per the peak hour volumes, 614 vehicles traveling southbound on C.R. 951 turn at the intersection to travel westbound on Davis Boulevard (S.R. 84). The existing right turn lane is not of sufficient length per F.D.O.T. standards to accommodate the existing peak hour turning volume. As a result vehicles queued in the through lane obstruct access to the turning lane. VChen the fight turn has a green arrow at the signal only those cars stored in the turn lane can execute the turn because the through lane blocks any others from getting into the turn lane. Also contributing to the excessive traffic queuing at the intersection is the short storage length for the left turn lane. The traffic encounters the same problems as those mentioned for the right turn lane. Additional evidence of the past shoulder problems is the presence of post delineators installed by maintenance which prohibit the early entrances to the turn lanes. The level of service (LOS) as indicated in DKSAssociates. IKilson Miller, and Florida Trcmsportation Engineerini, Report dated October 12, 1998 for F.D.O.T., District I Planning, , , -, ,/~ [ ~,,'~ Pitman-Hartenstein & Associates. I, ,2,, ~2-2c ~d= 9? i i 1 t utilizing Highway Capacity Sof~,vare (HCS) for southbound C.R. 951 between the 1-75 south ramps and S.R. 84 is LOS "E'. In general the turning volumes significantly exceed the geometric capacity of the existing left hand and fight hand turn lanes. 4.0 DESIGN CRITERIA t 4.1 Roadway Design Standards The latest F.D.O.T. Plans Preparation Mamial. Volume 1, Design Criteria and Process, January 1998; F.D.O.T. Roadwav and Tra(fic Desien Standards, January 1998; and Transportation and Land Development by Institute of Transportation Engineers, 1988 were utilized as design references. ii 4.2 Design Elements The following are pertinent design features or criteria of the roadways. 4.2.1 C.R. 951 a. 4 - lane Arterial Rural Roadway b. 1998 ADT of approximately 34,000 c. Design Speed of 70 km/h (45 mph) d. Lane Width of 3.6m (12 feet) e. Median Width of 6.6m (22 feet) f. Shoulder Width of 3.0m (10feet), 1.Sin (5 feet) Paved g. Cross slope of 3% h. Clear Zone of 7.2m (24 feet) from travel lane and 4.2m (14 feet) from turn lane I. Border Width of 10m (33 feet) 4.3 Turn Lane Requirements 4.3.1 Southbound C.R. 95 1 Left Turn Per the Transportation and Land Development, Institute of Transportation Engineers, 1988 edition homograph for a single left hand turn storage at signalized inter ,Z~ecti ~s,; / 1~ p '.~3'~-2C adn: assuming 120 cycle length, the desirable queue length is 100m (300 feet). Per the F.D.O. T. Plans Preparation Manual. Vohtme I. Chapter 7, the required queue length is 80.5m (265 feet). An additional 96m (315 feet) is required for alecoloration and taper per the F.D.O.T. Standard Index No. 301 using the minimum rural distance. 4.3.2 Southbound C.R. 951 Right Turn The existing fight turning movement counts are 614 during the peak hour or approximately 11 vehicles per minute. This volume warrants consideration of a double right turn, however due to restrictions on S.R. 84 and fight of way only a single turn lane can be utilized at this time. Ira cycle length of 120 seconds is assumed at the intersection and being conservative, assume all fight hand turn vehicles must be stored. This requires a storage of 22 vehicles or 180m (550 feet). Per the F.D.O.T. Standard Index No. 301, the deceleration and taper length is 96m (315 feet) using the minimum rural distances. The total length of the turn lane is 246m (865 feet). 5.0 RECO~I~IENDATION 1 ! i ~ri We recommend that the left hand and fight hand southbound turn lanes on C.R. 951 be significantly increased. Utilizing the greater of the two queue lengths provided in Section 4.3.1 the left turn lane should be lengthened to 188m (615 feet) including the taper. An existing storm drain inlet and sviale located in the middle of the median should be relocated and re~aded to accommodate the lengthened left turn lane. In addition to the relocation of median inlet fifteen (15) post-delineators should be removed and one signal ahead si_.~n relocated. See Appendix A for sketch and cost qpinion. Due to the high volume of traffic and future growth, we recommend the fight turn lane should be lengthened to the end of the acceleration taper for the 1-75 exit ramp. This exceeds the length noted in Section 4.3.2 by 42m (135 feet), however geometrically it is a practical end point of the turn lane. This gives a total turn length of approximately 300m (1000 feet). There are several existing roadway signs that will need to be relocated and are as follows: five (5) single post informational signs, one (l) single post guide sip, one (I) panel guide sign, and one (1) destination si~n. There are also 17 delineators that should be removed. See Appendix for sketch and cost opinion." L The fight-of-way varies through this area of C.R. 951 and 1-75. From the aerial photograph the fight-of-way width it appears to be 75m (250 feet) near the intersection. Right-of-way information will need to be verified'for design purposes. It appears that the turn lane improvements can be constructed in accordance with the F.D.O.T. Standards. Thus design variances and exceptions are not anticipated at this time. t Pltman-Hartenstein & Associates, Inc. Pag~ 7 !~t . v p~.~,~t2-2C adm 9-~ ) Appendix A Pitman-Ha~enstein & Associates, Inc. Pitrnan-Hartenstein & Asso¢., Inc. 4755 Summerlin Road, Suite 8 Fort Myers, Florida 33901 PRELIMINARY COST OPINION for SOUTHBOUND C.R. 951 LEFT TURN LANE IMPROVEMENTS P~ Bem No. 101-1 I02-I 104-10-1 104-13-1 110-I-1 110-4 120-6 120-71 160-4 285-709-990 285-716-984 300-1-3 Description Mobilization Maintenance of Traffic Baled Hay or Straw Staked Silt Fence (Type III) Clearing and Grubbing Removal of Existing Pavement Embankment Regular Excavation ;Type B Stabilization (12") Optional Base Group 9 (10") Optional Base Group 16 (4") . Bituminous Material (Tack) LS LS EA LF LS/AC 5Y CY LS 5Y SY SY GA Ouantlty 1 I 16 80 0.4 65 255 1 1640 969 103 72 Unit Cost J Total Cost $5,000.00 S5,000.( $I0,000.00 S10,000.( $4.00 $64.( $1.50 $120.( $5,500.00 S2,200.( $3.50 $227 .: S6.00 S 1,530.( $3,500.00 S3,500.C $2.00 S3,280.C $7.50 57,267..~ $4.50 5463J $1.00 $72.t2 331-2a 331-2b 400-1-15 425-1-521 425-2-9I 430-11-329 520-1-7 575-1-4 700-46- I I 700-46-12 706-3 !Type S, Structural Course, Asphaltic Concrete (250#/5Y) /Type S, Surface Course, Asphaltic Concrete (100#/SY) ~ Class I Concrete - Misc. Ditch Bottom Inlet, Type C Man. hole J-8 <10' 24" RCP Class III Type 'E' Concrete Curb & Gutter Sodding - St. Augustine '.Sign Existing, Remove, Single post 'Sign Existing, Relocate, SLngle post ' Reflective Pavement Marker (F & I) TN TN CY EA EA LF LF SY AS AS EA 102.5 46.1 5 1 I $40.00 S4, 100.C $40.00 S 1,844.C $400.00 S2,000.C $1,500.00 S 1,500.6 $2,800.00 52,800.0 312 430 764 15 I 25 S35.0~ S l 0,920.0 $8.00 53,440.0 $2.20 ' $1,680.8 $25.00 5375.0 $100.00 $100.0 54.00 S 100.0 711-35-61 711-35:241 711-36-61 711-36-181 711-.4 Note: This cost opinion ~vas made without benefit of preliminary or f'mal construction plans and is for planning purposes only. · Solid Traffic Stripe, Thennoplastic (6" white) LF Solid Traffic Stripe, Thertnoplastic (24" white) LF ~ Solid Traffic Stripe, Thermoplastic (6" yellow) LF ~Solid Traffic Stripe, Thermoplastic (18" yellow) LF r Dixecfional Arrows EA 530 12 617 21 50.75 5397.5 $2.75 533.0 $0.85 S524.4. $2.50 552.5~ $65.00 5325.0~ Sub-Total 25% Contingency GRAND TOTAL S63.916.7: SI5,979.1! S79,895,9- i ~: /z. ~ /' - ; % ! · i1/~ ' ~L ...'/.., ~ ,. ,. ...;:/Ii ~ ·'~' :-.. .~" Y'/ i"." ..i I~'".. .- ..- , .. · " ~' , . ,-,,..- .- ,., '~'X/ ,--. · ~ ..... ~'" ' 't ~ ~ ,~///.r///////z~/////.~z//~:: ~!' · ................ --., ,,,~. ..... __ ~. '.. ..................... ~ ,f~ :~. ~ ..'~ :. ~ ................ :,~n';-":.. ~. r-~ ~- "~-""~',. .- "q~. '. · ':-'::"":' '-I,!,! ':-" ''-: ..... "'- :/Ii' '"'" .,~ -... ; .. · : -,"r,~,_ o ~ + _, ,c %,~ · , -Oo % ,' .. .. ~ ,, ,'- ' "~:' ~. · _..% ::-::. · ~,. ~ '-'--- ..-~-.c.: 9902-2c SOU'rl.-IBOUND CR 951 i I Pitman-Hartenstein & Assoc., Inc. 4755 Summerlin Road, Suite 8 Fort Myers, Florida 33901 PRELIMINARY COST OPINION for SOUTHBOUND C.R. 95~1 RIGHT TURN LANE IMPROVEMENTS RemPaY No. ] Descril~tion {Unit I Quantit~ ] Unit Cost [ I 01-1 ] Mobilization LS 1 102-1 i Maimenance of Traffic LS 1 104-10-1 { Baled Hay or Straw 104-13- I l S raked Silt Fence (Type III) EA 16 LF 1025 110-1-1 } Clearing and G rubbing 120-6 !Embankment CY LS/AC 1.06 775 120-71 !Regular Excavation LS I !Type B Stabilization (12") Total Cost $5,500.00 55,500.00 $ 10,000.00 $10,000.00 $4.00 S64.00 $ 1.50 $ 1,537.50 $5,500.00 $5,830.00 $6.00 $4,650.00 $3,500.00 $3,500.00 160-4 SY 2668 $2.00 S5,336.00 285-709-990 Optional Base Group 9 (10") SY 1333 $7.50 $9,997.50 285-716-984 Optional Base Group 16 (4") SY 556 $4.50 52,502.00 300-1-3 I Bituminous Material (Tack) GA 53 $1.00 331-2a i Type S, Structural Course, Asphaltic Concrete (250#/SY) TN' 166.6 $40.00 s53.ooi 331-2b i Type S, Surface Course, Asphaltic Concrete (100#/SY) TN' 66.7 $40.00 S2,668.00 400-1-15 i Class I Concrete - Misc. cY 5 $400.00 $2)oo.001 400-I-2 !Class I Concrete - Endwall CY 2.2 $450.00 $990.00 430-11-329 124" RCP Class III LF 16 535.00 $560.00 575-1-4 700-46-11 700-46-12 700-46-22 , Sodding - St. Augustine Sign Existing, Remove., Single. post Sign Existing, Relocate, Single post Sign Existing, Relocate, Multi-post 706-3 Reflective Pavement Marker (F & I) SY 3760 $2.20 58,272.00 AS 17 $25.00 5425.00 AS 2 $100.00 AS 1 $1,000.00 EA 23 $4.00 $92.00 $200.00 SI,000.00 711-35-61 Solid Traffic Stripe, Thermoplastic (6" white) 11-35-181 Solid Traffic Stripe, Thermoplastic (I$" white) LF 1920 $0.75 51,440.00 LF 21 $0.50 $10.50 711-35-214 Solid Traffic Stripe, Thermoplastic (24" white) 711-4 Directional Arrows Note: This cost opinion was made without benefit of preliminary or t-mai construction plans and is for planning purposes only. LF 12 $0.85 $ 10.20 EA 9 $65.00 $585.00 Sub-Total 573,886.70 25% Contingency S 18,471.65 G RAiN D TOTAL 592,358.38 9902- 2C Appendix C I=itman-Hartenstein & Associates, Inc. p\9902-2C',adm al:Vndx EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 8 WITH CH2M HILL FOR THE PINE RIDGE ROAD IMPROVEMENT, PROJECT NO. 60111; CIE 41 OBJECTIVE: To receive Board of County Commissioners' approval of Supplemental Agreement (S/A) No. 8 for Pine Ridge Road six laning improvements. CONSIDERATIONS: There has been on going coordination with the Florida Department of Transportation (FDOT) in including the 1-75 ramp modification design and construction as part of the Pine Ridge Road Project. The FDOT has requested several design changes since the execution of S/A No. 7. Also, due to the development impacts along Pine Ridge Road, and the need to modify the design to meet the South Florida Water Management permit requirements, the plans had to be revised. The Consultant has also been required to assist in the right-of-way order of taking deposition as well as the order of taking hearing. Due to the on going developments along the project, the Consultant's scope of services has been expanded to include addressing design changes during construction. In order to have CH2M Hill perform these additional services, and compensate for the' additional services, staff recommends that this S,/A No. 8 be approved. A copy of this S/A No. 8 is located in the Office of the Clerk of Courts/Minutes and Records for review by interested parties. Original Contract Amount: S/A No. 1 S/A No. 2 S/A No. 3 S/A No. 4 S/A No. 5 S/A No. 6 S/A No.7 This S/A No. 8 Proposed Contract Amount $395,365.OO $125,000.00 - Extend design scope to Logan Blvd. $ 9,291.00 - Aerial Photography services. $194,420.00 - Utility and 1-75 ramp modification design services. $186,092.00 - Napa Blvd., 1-75 Ramp, Plans update, Construction Services. $ 34,954.00 - Plans revision to advance Napa Blvd. Access Improvements. $108,991.00 - Traffic signalization design services. $111,831.00 - Ramp and plans revision services $91,291.00 - Ramp modification, permitting design modification, design modification to address accesses, additional services during construction. $1,257,235.00 "FISCAL IMPACT: Funds in the amount of $91,291.00 will come from Gas Tax supported Transportation Capital Fund. Executive Summary Supplemental Agreement No. 8 with CHM2 Hill Page No. 2 GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 41 is consistent with the Transportation sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Authorize and approve S/A No. 8 to CH2M Hill in the amount of $91,291.00 (2) Direct the Board Chairman to execute S/A No. 8. y./?. /:9__~ "-- ,.. SUBMITTEDB " Date: · .. ' . Micah K~.Massaqum, P.E., PMP ff-r~ject Mana. a. ger, OCPM REVIEWED BY: .~ '~'-"~- .... c.f/'Jeffl'e..y Bibby, P.E. ! Public Works .~p.~ineering/n'~~or ..; REVIEWED BY' "'/ :" "" ' ' ' ~ ' ~ Date: : ,' /:" , .. -__'___ .' Edward J. Kant, P.E.: ..... .. Dir r, Tmskh .Services APPROVED BY: ' / EdWard N. t~Tm-" (. Interim Public Works Administrator Date: Date: Attachment: Three (3) original copies - S/A No. 8 SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT Project No. 69101 S/A NO. 8 THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of 2000, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and CH2M Hill of 4350 W. Cypress Street, Suite 600, Tampa, Florida 33607-4155, duly authorized to conduct business in the State of Florida, hereinafter called the CONSULTANT. ~TNESSETH WHEREAS, the COUNTY and CONSULTANT heretofore on 19 April 1994 entered into an Agreement whereby the COUNTY retained the CONSULTANT to furnished certain consulting services in connection with proposed construction of C.R. 896 six laning improvements, (Jct. C.R. 31 to Jct. 1-75), County Project No. 60111; and, '¢,rHEREAS, the County desires to modify the terms of said Agreement, and toward that end it is necessary to: EXPANrD UPON THE SCOPE OF SERVICES PREVIOUSLY AUTHORIZED SPECIFICALLY RELATING TO ADDITIONAL DESIGN PLANS PREPARATION, EXPERT TESTIMONY, AND TO COMPENSATE THE CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAiD ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED MARCH 16, 2000, IS ATTACHED HERETO AND IS HEREBY INCORPORATED AND MADE A FORMAL PART OF THIS SUPPLEMENTAL NO. 8. NOW THEREFORE, the Consulting Engineering Sew'ices Agreement is hereby amended and supplemented as follows: 1. Consultant shall perform additional design ser~,ices as described in Attachment "A". 2~ Consultant's cost proposal for sen'ices described in Attachment "A" is provided in Attachment "B". 3. Contract fee adjustment and status (this Supplemental Agreement No. 8): 3.1 Original maximum contract fee = $395,365.00 3.2 S/A No. 1 = $125,000.00 3.3 S/ANo. 2 =$ 9,291.00 3.4 S/A No. 3 = $194,420.00 3.5 S/A No. 4 = $186,092.00 3.6 S/A No. 5 = $ 34,954.00 3.7 S/A No.6 = $108,991.00 3.8 S/A No.7 =$111,831.00 3.9 This S/A No. 8 = $ 91,291.00 Maximum and current contract fee = $1,257,235.00 4. Contract time adjustment: No change. 5. Contract completion time to be determined by Notice to Proceed for the construction phase. 6. The revised and current lump sum contract amount as stated above includes costs for overhead, fringe benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses. 7. Except as hereby modified, amended, or changed, all of the terms and conditions of said original Consulting Engineering Services Agreement shall remain in full force and effect. Page 1 of 2 Project No. 69101 S/A NO. 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first ""-'-,'e written. AS TO THE BOARD OF COUNTY COMMISSIONERS: AS TO FORM AND LEGAL SL:FTICIENCY: Assistant County Attorney BY: BOARD OF COU~'T'Y COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy J. Constantine. Chairman ATTEST: Dwight E. Brock Deputy Clerk AS TO THE CONSt_~TANT: SIGNED. SEALED, AND DELIVERED IN THE PRESENCE OF: TW~SS l NA ?{~'~'R~J'TEN) .~ON~T~SS (NA~ WRITTEN) STATE OF FLORIDA COUNTY OF HILLSBOROUGH CH2M HILL BY: ATTEST: William J. Gramer, P.E., Vice President Ehzabeth)Sk. McAdarrF Asst. Secretary' (CORPORATE SEA~} Before me, the undersigned authority, this day personally appeared William J~ Gramer to me well known and known to me to be Vice President of the Corporation named in the foregoing Agreement. and he severally acknowledged to and before me that he executed said Agreement on behalf of and in the name of said Corporation as such officer; that the seal affixed to said Agreement is the corporate seal of said Corporation and that it was affixed thereto by due and regular Corporate authority; that he is duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. IN WITNESS WHEREOF, 1 have hereto set my hand and affixed my official seal this /~j,~-4,., day Notary Public in a,6fl for the County and State aforesaid. My Commission Expires: Page 2 of 2 ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREE,MENT FOR PINE RIDGE ROAD C.R. 896 [C.R. 31 - 1-75] PROJECT NO. 60111 Supplemental Agreement No. 8 March 16, 2000 DESCRIPTION Supplemental Agreement No.8 includes: The work required to modify the 1-75 Southbound off ramp and the Northbound on ramp intersection with Pine Ridge Road per FHWA and FDOT comments. The work required to obtain a Permit from SFWMD based upon new comments which include modifications to the plans. The work required to provide a right turn pocket and driveway west of Livingston Ave., and all associated drainage impacts. The work required to revise the median between Livingston Ave. and Whippoorwill Lane and provide a left turn pocket Westbound (for U-turns and left tums) and a right turn pocket Eastbound (for U-turns only) a driveway on the south side of the road, and all associated drainage impacts. New scope of work items including redesigning Whippoorwill Lane to align with the newly constructed Kramer Drive to the north, and modifications to the Livingston Road Intersection to account for the changes to the proposed Livingston Road project. Additional Services During Construction for Pine Ridge Road to match the anticipated level of effort required. This task also includes time to modify the plans in five locations to reflect areas currently under construction, but not yet reflected in the plans. This includes adding driveways, turn pockets, drainage modifications, striping modifications, changes to cross sections, drainage maps, and showing new utilities on the plans. prrscp SA No 8 CH2M 121699 ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR PINE RDGE ROAD C.R. 896 [C.R. 31 - 1-75] PROJECT NO. 60111 Supplemental Agreement No. 8 March 16, 2000 DESCRIPTION Supplemental Agreement No.8 includes: The work required to modify the 1-75 Southbound off ramp and the Northbound on ramp intersection with Pine Ridge Road per FHWA and FDOT comments. The work required to obtain a Permit from SFWMD based upon new comments which include modifications to the plans. The work required to provide a fight turn pocket and driveway west of Livingston Ave., and all associated drainage impacts. The work required to revise the median between Livingston Ave. and Whippoorwill Lane and provide a left turn pocket Westbound (for U-turns and left turns) and a fight turn pocket Eastbound (for U-turns only) a driveway on the south side of the road, and all associated drainage impacts. New scope of work items including redesigning Whippoorwill Lane to align with the newly constructed Kramer Drive to the north, and modifications to the Livingston Road Intersection to account for the changes to the proposed Livingston Road project. Additional Services During Construction for Pine Ridge Road to match the anticipated level of effort required. This task also includes time to modify the plans in five locations to reflect areas currently under construction, but not yet reflected in the plans. This includes adding driveways, turn pockets, drainage modifications, striping modifications, changes to cross sections, drainage maps, and showing new utilities on the plans. prrscp SA No 8 CH2M 121699 / ' 00t16/o0 - Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 2 March 16, 2000 PART 1. - SCOPE OF WORK TASKI. 1-75 SOUTHBOUND OFF-RAMP NORTH BOUND ON-RAMP RE- DESIGN 1. The CONSUI, TANT will revise the plans for Pine Ridge Road to accommodate the new changes to the Southbound 1-75 Off-Ramp design requested by FHWA and FDOT. The new design will provide a 936' queue length. The CONSULTANT will revise the plans to accommodate the new changes to the Northbound On-Ramp intersection design requested by FHWA and FDOT. Services are as follows: 1.1 Drainage map: 1.2 Typical Sections SB off ramp: 1.3 Quantity Sheet: 1.4 Project Layout Sheet: 1.5 Plan and Profile - Pine Ridge Road: Modify drainage map to reflect new ramp configuration and new drainage improvements. Modify typical sections to reflect new design of SB off ramp. Revise sheets and tables to reflect new changes to SB off ramp and NB on ramp intersection. Modify existing sheet to show changes to SB off ramp. Modifications to Pine Ridge Road plan and profile sheet in the vicinity of NB on ramp to satisfy FDOT/FHWA comments including median and intersection modifications. 1.6 Plan and Profile - SB off ramp 1.7 Intersection Details: Modify design for SB off ramp to provide a 936 foot queue lane and show drainage improvements. Modify intersection detail sheet for the NB on ramp to reflect FDOT/FHWA comments. 1.8 Drainage Structures: Provide layout and details of extended culvert and MES for the SB off ramp. 1.9 \\tampa\projects\Transportation\ 148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Signing and Revise plans to reflect modifications to Marking - Pine the median and intersections of NB on .,-../ Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 2 March 16, 2000 PART 1. - SCOPE OF WORK TASKI. 1-75 SOUTHBOUND OFF-RAMP NORTH BOUND ON-RAMP RE- DESIGN 1. The CONSULTANT will revise the plans for Pine Ridge Road to accommodate the new changes to the Southbound 1-75 Off-Ramp design requested by FHWA and FDOT. The new design will provide a 936' queue length. The CONSULTANT will revise the plans to accommodate the new changes to the Northbound On-Ramp intersection design requested by FHWA and FDOT. Services are as follows: 1.1 Drainage map: 1.2 Typical Sections SB off ramp: 1,3 Quantity Sheet: 1.4 Project Layout Sheet: 1.5 Plan and Profile - Pine Ridge Road: Modify drainage map to reflect new ramp configuration and new drainage improvements. Modify typical sections to reflect new design of SB off ramp, Revise sheets and tables to reflect new changes to SB off ramp and NB on ramp intersection. Modify existing sheet to show changes to SB off ramp. Modifications to Pine Ridge Road plan and profile sheet in the vicinity of NB on ramp to satisfy FDOT/FHWA comments including median and intersection modifications. 1.6 Plan and Profile - SB off ramp 1.7 Intersection Details: Modify design for SB off ramp to provide a 936 foot queue lane and show drainage improvements. Modify intersection detail sheet for the NB on ramp to reflect FDOT/FHWA comments. 1.8 Drainage Structures: 1.9 Signing and Marking - Pine Provide layout and details of extended culvert and MES for the SB off ramp. Revise plans to reflect modifications to the median and intersections of NB on \\tampa\prOJects\Transportation\ 148414-PPR\Scope of Ser~ices\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 3 March 16, 2000 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 Ridge Road Signing and Marking - SB off ramp Signalization - 1-75 SB ramps: Cross Section - 1-75 SB ramps: MOT - Pine Ridge Road: MOT - SB off ramp: MOT Details: Quantities and Cost Estimate: FDOT Coordination Meeting: 1.18 SFWMD Coordination: ramp. Revise plans to reflect modifications to SB off ramp. Revise overhead sign location. Signalization NB on ramp. Provide new design files to TEI and coordinate modifications to NB on ramp signal plans. Revise cross sections in the vicinity of the ramp modifications including developing existing ground profiles from as-built information and reviewing channel alignment and profile. Revise plans to reflect modifications to the median and intersections of NB on ramp. Revise plans to reflect modifications to the SB off ramp for Phase I and II of ramp construction. Revise details to reflect modifications to the SB off ramp for Phase I and II of ramp construction. Revise quantities and cost estimate to reflect changes to plans. FDOT/FHWA coordination. Attend two meetings with FDOT. Prepare sketches and alternatives for new design. Coordinate all comments and resolutions with both agencies. Coordinate with SFWMD to inform them of proposed new design modifications and impacts to channel. Provide sketches and coordinate all comments and resolutions. 1.19 Collier County Coordination: Coordinate changes with County staff. \\tampa\projects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 3 March 16, 2000 1.10 1.11 Ridge Road Signing and Marking - SB off ramp Signalization - 1-75 SB ramps: 1.12 Cross Section - 1-75 SB ramps: 1.13 MOT - Pine Ridge Road: 1.14 MOT- SB off ramp: 1.15 MOT Details: 1.16 1.17 Quantities and Cost Estimate: FI)OT Coordination Meeting: 1.18 SFWMD Coordination: 1.19 Collier County Coordination: ramp, Revise plans to reflect modifications to SB off ramp. Revise overhead sign location. Signalization NB on ramp. Provide new design files to TEI and coordinate modifications to NB on ramp signal plans. Revise cross sections in the vicinity of the ramp modifications including developing existing ground profiles from as-built information and reviewing channel alignment and profile. Revise plans to reflect modifications to the median and intersections of NB on ramp. Revise plans to reflect modifications to the SB off ramp for Phase I and II of ramp construction. Revise details to reflect modifications to the SB off ramp for Phase I and II of ramp construction. Revise quantities and cost estimate to reflect changes to plans. FDOT/FHWA coordination. Attend two meetings with FDOT. Prepare sketches and alternatives for new design. Coordinate all comments and resolutions with both agencies. Coordinate with SFWMD to inform them of proposed new design modifications and impacts to channel. Provide sketches and coordinate all comments and resolutions. Coordinate changes with County staff. \\tampa\projects\Transportation\ 148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attachment A Pine Ridge Road Supplemental Ageement No. 8 Page 4 March 16, 2000 1.20 Respond to Review Comments: 1.21 Project Management & QC: Respond to comments. Provide project management, coordination, safety reviews, and quality control for the new changes. TASK II. PERMITTING AND DESIGN MODIFICATIONS 2. The CONSLrLTANT will revise the plans for the widening of Pine Ridge Road to incorporate SFWMD comments to satisfy their new concerns and obtain a permit. These efforts will result in no wetland mitigation required for the project. Services are as follows: 2.1 Retaining Wall Modifications: Extend retaining wall the length of the existing wetland to avoid any impacts to the adjacent area. Revise cross sections and quantities to reflect new wall. 2.2 Modify Existing Jurisdictional Limits: Modify jurisdictional limits on plans to reflect SFWMD comments. 2.3 Provide 25 yr- 72 hr storm event: Provide model run for 25 yr. - 72 hour storm event. 2.4 Modify Basin 1 Treatment Volume and Remodel: Modify design in Basin 1 to provide additional treatment and remodel the area. 2.5 Coordination with Big Cypress Basin: 2.6 Verify Locations of Existing Outfalls: Coordinate changes and impacts to Big Cypress Basin. Field verify locations of existing outfall along Pine Ridge Road per SFWMD. Request and provide \\tampa\projects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attachment A Pine Ridge Road Supplemental A~eement No. 8 Page 4 March 16, 2000 1.20 Respond to Review Comments: 1.21 Project Management & QC: Respond to comments. Provide project management, coordination, safety reviews, and quality control for the new changes. TASK II. PERMITTING AND DESIGN MODIFICATIONS 2. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to incorporate SFWMD comments to satisfy their new concerns and obtain a permit. These efforts will result in no wetland mitigation required for the project. Services are as follows: 2.1 Retaining Wall Modifications: Extend retaining wall the length of the existing wetland to avoid any impacts to the adjacent area. Revise cross sections and quantities to reflect new wall. 2.2 Modify Existing Jurisdictional Limits: Modify jurisdictional limits on plans to reflect SFWMD comments. 2.3 Provide 25 yr- 72 hr storm event: Provide model run for 25 yr. - 72 hour storm event. 2.4 Modify Basin 1 Treatment Volume and Remodel: Modif,v design in Basin 1 to provide additional treatment and remodel the area. 2.5 Coordination with Big Cypress Basin: Coordinate changes and impacts to Big Cypress Basin. 2.6 Verify Locations of Existing Outfalls: Field verify locations of existing outfall along Pine Ridge Road per SFWMD. Request and provide \\tampa\projects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 - Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 5 March 16, 2000 2.7 2.8 Respond to Review Comments: SFWMI) Coordination and Meeting: sketches. Respond to SFWMD comments. Attend meeting with SFWMD to address new comments and obtain final approval. 2.9 Geotechnical Review of Perc Tests: 2.10 Field Review of T&E Species: 2.11 Drainage Map Revisions: Review perc tests and provide results and recommendations in a memo. Perform a T & E Species survey along Pine Ridge Road to re-verify results previously documented. Revise drainage maps to reflect new changes. TASK III. NEW DESIGN - RIGHT TURN POCKET 3. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to reflect the work required to provide a fight turn pocket and driveway west of Livingston Ave., and all associated drainage impacts. Services are as follows: 3.1 Drainage Map: 3.2 Project Layout Sheet: 3.3 Plan and Profile Sheets: 3.4 Drainage Structures: \\tampa\projects\Transportation\148414-PPR\Scope of Ser~,icesXprrscp SA 03/16/00 Modify drainage map to show addition of fight turn lane and driveway. Modify project layout sheet to show addition of right turn lane and driveway. Modify plan and profile sheets to add right turn pocket, driveway, and modify drainage ditches. Modify drainage on sheets to allow for a right turn pocket, relocate ditches, relocate drainage at FP&L driveway, No 8 CH2M 121699.doc ' '~'f-~ ~''''~'';' '''7~ Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 5 March 16, 2000 2.7 2.8 Respond to Review Comments: SFWMD Coordination and Meeting: sketches. Respond to SFWMD comments. Attend meeting with SFWMD to address new comments and obtain final approval. 2.9 Geotechnical Review of Perc Tests: 2.10 Field Review of T&E Species: 2.11 Drainage Map Revisions: Review perc tests and provide results and recommendations in a memo. Perform a T & E Species survey along Pine Ridge Road to re-verify results previously documented. Revise drainage maps to reflect new changes. TASK III. NEW DESIGN - RIGHT TURN POCKET 3. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to reflect the work required to provide a right turn pocket and driveway west of Livingston Ave., and all associated drainage impacts. Services are as follows: 3.1 Drainage Map: 3.2 Project Layout Sheet: 3.3 Plan and Profile Sheets: 3.4 Drainage Structures: Modify drainage map to show addition of right turn lane and driveway. Modify project layout sheet to show addition of right turn lane and driveway. Modify plan and profile sheets to add right turn pocket, driveway, and modify drainage ditches. \\tampa\projects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Modify drainage on sheets to allow for a right turn pocket, relocate ditches, relocate drainage at FP&L driveway, Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 6 March 16, 2000 3.5 Signing and Marking Sheets: provide culvert and MES at new driveway. Modify signing and marking sheets to show addition of right turn lane and driveway. 3.6 Cross Sections: 3.7 MOT - Pine Ridge Road: 3.8 Quantities and Cost Estimate: Modify cross sections to show addition of right turn lane and driveway. Modify MOT sheets to show addition of right turn lane and driveway. Revise quantities and cost estimate to reflect changes to plans. TASK IV. NEW DESIGN - MEDIAN MODIFICATION 4. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to incorporate the changes required to revise the median between Livingston Ave. and Whippoorwill Lane and provide a left turn pocket Westbound (for U-tums and left tums) and a right turn pocket Eastbound (for U-tums only), a driveway on the south side of the road, and all associated drainage impacts. Services are as follows: 4.1 Drainage Map: 4.2 Project Layout Sheet: 4.3 Plan and Profile Sheets - Pine Ridge Road: Modify drainage map to show addition of right turn lane and driveway. Modify project layout sheet to show addition of right turn lane and driveway. Modify plan and profile sheets to revise the median between Livingston Ave. and Whippoorwill Lane and provide a left turn pocket Westbound (for U-tums and left tums) and a right turn pocket Eastbound flor U-tums only), a driveway on the south side of \\tampa\projects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/0O the road, and drainage ditch Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 6 March 16, 2000 3.5 Signing and Marking Sheets: provide culvert and MES at new driveway. Modify signing and marking sheets to show addition of right turn lane and driveway. 3.6 Cross Sections: 3.7 MOT - Pine Ridge Road: 3.8 Quantities and Cost Estimate: Modify cross sections to show addition of right turn lane and driveway. Modify MOT sheets to show addition of right turn lane and driveway. Revise quantities and cost estimate to reflect changes to plans. TASK IV. NEW DESIGN - MEDIAN MODIFICATION 4. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to incorporate the changes required to revise the median between Livingston Ave. and Whippoorwill Lane and provide a left turn pocket Westbound (for U-tums and left tums) and a right turn pocket Eastbound (for U-tums only), a driveway on the south side of the road, and all associated drainage impacts. Services are as follows: 4.1 Drainage Map: 4.2 Project Layout Sheet: 4.3 Plan and Profile Sheets - Pine Ridge Road: \\tampa\projects\TransPOrtation\ 148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Modify drainage map to show addition of right turn lane and driveway. Modify project layout sheet to show addition of right turn lane and driveway. Modify plan and profile sheets to revise the median between Livingston Ave. and Whippoorwill Lane and provide a left turn pocket Westbound (for U-tums and left tums) and a right turn pocket Eastbound (for U-tums only), a driveway on the south side of the road, and drainage ditch Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 7 March 16, 2000 4.4 Drainage Structures - Pine Ridge Road: modifications. Modify treatment ditches on south side of Pine Ridge Road and add culvert and MES to connect ditches under driveway. 4.5 Signing and Marking sheets - Pine Ridge Road 4.6 Cross Sections: 4.7 MOT - Pine Ridge Road: 4.8 Quantities and Cost Estimate: Modify signing and marking sheets to reflect changes. Modify cross sections to reflect changes. Modify MOT sheets to reflect changes. Revise quantities and cost estimate to reflect changes to plans. TASK V. NEW SCOPE - MISCELLANEOUS 5. The CONSULTANT will realign Whippoorwill Lane to more closely align it with newly constructed Kramer Road to the north, which was not constructed to account for our proposed Whippoorwill alignment. This will still result in a slight lane shift across the intersection, however, we will minimize the shift while impacting no additional Right-of-Way. Provide additional coordination with Livingston Road project. Services are as follows: 5.1 Re-align Whippoorwill Lane: Develop various alternatives and revise the typical sections, plan and profile sheets, signing and marking sheets, cross section sheets, and MOT sheets. 5.2 Coordination with Livingston Project: \\tampa\projects\Transportation\ 148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attend two additional meetings with ABB, Inc. to coordinate any changes to the Pine Ridge Road plans or the Livingston Road plans and make Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 7 March 16, 2000 4.4 Drainage Structures - Pine Ridge Road: modifications. Modify treatment ditches on south side of Pine Ridge Road and add culvert and IVIES to connect ditches under driveway. 4.5 Signing and Marking sheets - Pine Ridge Road 4.6 Cross Sections: 4.7 MOT - Pine Ridge Road: 4.8 Quantities and Cost Estimate: Modify signing and marking sheets to reflect changes. Modify cross sections to reflect changes. Modify MOT sheets to reflect changes. Revise quantities and cost estimate to reflect changes to plans. TASK V. NEW SCOPE - MISCELLANEOUS 5. The CONSULTANT will realign Whippoorwill Lane to more closely align it with newly constructed Kramer Road to the north, which was not constructed to account for our proposed Whippoorwill alignment. This will still result in a slight lane shift across the intersection, however, we will minimize the shift while impacting no additional Right-of-Way. Provide additional coordination with Livingston Road project. Services are as follows: 5.1 Re-align Whippoorwill Lane: Develop various alternatives and revise the typical sections, plan and profile sheets, signing and marking sheets, cross section sheets, and MOT sheets. 5.2 Coordination with Livingston Project: Attend two additional meetings with ABB, Inc. to coordinate any changes to the Pine Ridge Road plans or the Livingston Road plans and make \\tampa\prOJects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 8 March 16, 2000 5.3 R/W Deposition and Testimony minor modifications where necessary. Meet with County to discuss RJW issue. Attend 1 Deposition. Attend 1 R/W Hearing. Give Testimony. TASK VI. SERVICES DURING CONSTRUCTION 6. The CONSULTANT will provide additional Services During Construction for Pine Ridge Road to match the anticipated level of effort required. This task also includes time to modify the plans in five locations to reflect areas currently under construction, but not yet reflected in the plans. This includes adding driveways, turn pockets, drainage modifications, striping modifications, changes to cross sections, drainage maps, and showing new utilities on the plans. Locations and extent of changes vary, so for estimating purposes two medium, two typical, and one minor change scenario was estimated. Services are as follows: 6.1 Existing Conditions Modifications: 6. la Location I- Medium Modifications: Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into Contractor's conformed set. 6.lb Location 2 - Medium Modifications: Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into Contractor's conformed set. 6.1c Location 3 - Typical Modifications: Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into \\tampa\projects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16100 Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 8 March 16, 2000 5.3 R/W Deposition and Testimony m/nor modifications where necessary. Meet with County to discuss R/W issue. Attend 1 Deposition. Attend 1 R/W Heating. Give Testimony. TASK VI. SERVICES DURING CONSTRUCTION 6. The CONSULTANT will provide additional Services During Construction for Pine Ridge Road to match the anticipated level of effort required. This task also includes time to modify the plans in five locations to reflect areas currently under construction, but not yet reflected in the plans. This includes adding driveways, turn pockets, drainage modifications, striping modifications, changes to cross sections, drainage maps, and showing new utilities on the plans. Locations and extent of changes vary, so for estimating purposes two medium, two typical, and one minor change scenario was estimated. Services are as follows: 6.1 6.la 6.lb 6.1c Existing Conditions Modifications: Location 1- Medium Modifications: Location 2- Medium Modifications: Location 3 - q[ypical Modifications: Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into Contractor's conformed set. Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into Contractor's conformed set. Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into \\tampa\projects\Transportation\ 148414--PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 9 March 16, 2000 6.1d Location 4 - Typical Modifications: Contractor's conformed set. Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into Contractor's conformed set. 6.1e Location 5 - Minor Modifications: Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into Contractor's conformed set. 6.2 Clarifications - Requests for Information (RFI's): 6.3 Final Close-out Inspection: 6.4 On-site Observations: Over the course of construction issues and questions will arise that will require designer input. The present scope of work allows 36 hours for this task. Anticipated requirements are 4 hours per week for a 52 week construction period which amounts to 210 hours. This will require an additional 174 hours. However, some of these questions will be answered during on-site observations so anticipated additional level of effort has been revised accordingly to two hours per week for a total of 104 hours. This provides time for designer to walk the job prior to final sign-off of construction and identify any deficiencies. Original scope of work allowed for eight hours. Anticipated level of effort is 32 hours which provides two days for a Project Manager and Lead Engineer to inspect construction. This will require an additional 24 hours. This allows for the designer to visit the site during construction to provide guidance or explanations which will \\tampa\proj ects\Transportation\ 148414- PPR\Scope of Ser~ices\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 9 March 16, 2000 6.1d Location 4 - Typical Modifications: Contractor's conformed set. Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into Contractor's conformed set. 6.1e Location 5 - Minor Modifications: Revise design and provide Collier County a construction set of plans complete with quantities and cost estimate to be incorporated into Contractor's conformed set. 6.2 Clarifications - Requests for Information (RFI's): Over the course of construction issues and questions will arise that will require designer input. The present scope of work allows 36 hours for this task. Anticipated requirements are 4 hours per week for a 52 week construction period which amounts to 210 hours. This will require an additional 174 hours. However, some of these questions will be answered during on-site observations so anticipated additional level of effort has been revised accordingly to two hours per week for a total of 104 hours. 6.3 Final Close-out Inspection: This provides time for designer to walk the job prior to final sign-off of construction and identify any deficiencies. Original scope of work allowed for eight hours. Anticipated level of effort is 32 hours which provides two days for a Project Manager and Lead Engineer to inspect construction. This will require an additional 24 hours. 6.4 On-site Observations: \\tampa\prOJ ects\Transportation\ 148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 This allows for the designer to visit the site during construction to provide guidance or explanations which will Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 10 March 16, 2000 avoid misinterpretations of the plans thus avoiding costly re-do of work. Original scope of work allowed 204 hours which allowed Project Manager one visit every two weeks. Anticipated level of effort would require Engineer to accompany Project Manager once per month to address drainage, MOT, striping, etc.., issues. This will require an additional 96 hours. The original scope of work also lacks sufficient time for clerical support to record field observations and provide Collier County a bi-weekly review report. This effort is anticipated at two hours per month for the 12 month construction period. PART 2. - PROJECT DESIGN SCHEDULE: The project design schedule for design status submittals shall be modified as follows: 1. Final Plans and Specifications: Submit no later than January 14, 2000. PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: 1. Services required to complete the following will necessitate additional compensation. Note Task 1: Does not include design exception or design variance preparation or coordination. Does not include any traffic study or interchange modification report activity. \\tampa\projects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 Attachment A Pine Ridge Road Supplemental Agreement No. 8 Page 10 March 16, 2000 avoid misinterpretations of the plans thus avoiding costly re-do of work. Original scope of work allowed 204 hours which allowed Project Manager one visit every two weeks. Anticipated level of effort would require Engineer to accompany Project Manager once per month to address drainage, MOT, striping, etc.., issues. This will require an additional 96 hours. The original scope of work also lacks sufficient time for clerical support to record field observations and provide Collier County a bi-weekly review report. This effort is anticipated at two hours per month for the 12 month construction period. PART 2. - PROJECT DESIGN SCHEDULE: The project design schedule for design status submittals shall be modified as follows: 1. Final Plans and Specifications: Submit no later than January 14, 2000. PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: 1. Services required to complete the following will necessitate additional compensation. Note Task 1: Does not include design exception or design variance preparation or coordination. Does not include any traffic study or interchange modification report activity. \\tampa\projects\Transportation\148414-PPR\Scope of Services\prrscp SA No 8 CH2M 121699.doc 03/16/00 -- LU uJ UJ Z o o o o i 0 ~,8 L~ L~ ~ 0 ~ ----0 -r EXECUTIVE SUMMARY APPROVE WORK ORDER NO. WMBP-FT-00-04 WITH WILSON MILLER FOR AN EVALUATION OF THE REQUIREMENTS FOR VEHICULAR ACCESSIBILITY OF MILLER BOULEVARD EXTENSION, PROJECT NO. 69143 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # WMBP- FT-00-04 to perform a study to determine the requirements for vehicular accessibility of Miller Boulevard Extension from U.S. 41 to south of Lynch Boulevard CONSIDERATIONS: Miller Boulevard Extension is an existing unpaved roadway which runs for approximately 5,910 feet from U.S. 41 to approximately 1800 feet south of Lynch Boulevard. This roadway is not owned or maintained by the County and runs through approximately twenty-two (22) privately owned properties. The roadway provides emergency access from County owned Miller Boulevard to U.S. 41. Currently, the extension is impassable due to several large holes in the roadway. These holes are filled with water for the majority of the year. This Work Order will provide a study to determine what would be necessary for the County to gain ownership through prescriptive rights in order to maintain the roadway. It will also determine what legal, engineering, and environmental concerns need to be addressed, should the County gain ownership and maintenance responsibilities. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $36,572.00 from Gas Tax Reserves and into this project. Source of Funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: none RECOMMENDATION: That the Board of County Commissioners authorize the Public Works Engineering Department Director to approve Work Order WMBP-FT-00-04 on behalf of the Board and approve the necessary budget amendment. SUBMITTED BY: REVIEWED BY: APPROVED BY: " .,' ,.., ,.. -. , .- , . -. ' DATE: Richard J. Hellnegel, P.E., Senior ProJect Manager Public Works Engineering Department Jeff~ibby, P, E., Dire o~ ~/~d V~ rk~-~'n gi~t.~ent Edw~nt~E~ Tran 'o e~c ' / dw rd d==trato Public Works Division Attachment: Work Order #WMBP-FT-00-04 RJH:rh WilsCnMiller New Directions In Planning, Design & Engineering PROFESSIONAL SERVICES PROPOSAL TO: FROM: Mr. Richard Hellriegel, PE Senior Project Manager Collier County Public Works Engineering Department 33~)1 East Tamiami Trail, Building D N~Iples, FloriCa 34112 H. DeWinkler, PE Director of Transportation Services , % ~// / Adolfo A. Gonzalez?PE '----" Project Manager DATE: SUBJECT: March 13, 2000 , ~'-/. Professional Services Proposal for Miller Boulevard Project Assessment, Section 25 & 36, Township 51 South, Range 28 East, Collier County, Florida OVERVIEW 1.1. The Collier County Public Works Engineering Department (Client) wishes to hire WilsonMiller (Consultant) to perform a preliminary evaluation of the accessibility of the Miller Boulevard Extension with respect to vehicular traffic. The project evaluation is limited to the segment of Miller Boulevard north of Tamiami Trail and south of Lynch Boulevard in the South Golden Gate Estates (Project).This project involves coordination with the Collier County Attorney's Office, Florida Wildlife Federation, and various Collier County Departments. 1.2. The services described herein will be provided under the existing Fixed Term Engineering Services Agreement for Collier County Bid No. 98-2835. 1.3, WilsonMiller, Inc. has been requested to submit a proposal to render Engineering, Environmental, and Transportation services for the Project. 1.4, WilsonMiller will coordinate with representatives of the Client. Other subconsultants for legal or technical support, as may be needed, will contract directly with the Client. Naples Fort Myers Sarasota Bradenton Tampa NO._ ! (~ ,/ ~. .~ ~ ~. , I t 2000 ~. wilsonmiller, corn WilsdnMiller SCOPE OF SERVICES 2.1. Fact Finding Task 2.1.1. Review the Client's files and documentation regarding past activities pertaining to Miller Boulevard. Files may be located in the following Collier County departments: · Public Works Engineering Department · Transportation Services Department · Office of the County Attorney · Real Property Management Department · Development Services Division · Natural Resources Department 2.1.2. Interview the appropriate County staff from the departments noted above to determine the status of the accessibility issues. 2.1.3. Research the environmental permitting issues related to modifying roadway conditions for vehicular access across Miller Boulevard in the referenced segment. 2.2. Briefings 2.2.1. Provide an oral status briefing to the Client's staff during the course of the fact finding tasks. It is anticipated that up to three (3) progress briefings will be conducted. 2.2.2. Provide an oral briefing to the Client's staff on results of the fact finding task and suggestions for continuing the Project development. 2.2.3. Provide a written summary of the results of the fact finding task and recommendations, if requested by the Client. 2.3. Reimbursable Expenses Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to WilsonMiller. APR 11 2000 Wils nMiller 3. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1. The Scope of Services and Fees proposed herein are based on the assumption that: 3.1.1. the Client's staff will facilitate the request.for documentation from other County departments; 3.1.2. no meetings with agencies or organizations external to Collier Cour~ty will be conducted without the express consent of the Client; 3.1.3. this task does not include conducting any public workshops or presentations to the Board of County Commissioners; 3.1.4. no permit applications will be prepared or submitted for this work order; and, 3.1.5. the tasks described in this work order are not intended to fulfill the evaluation criteria or procedural requirements conducted in studies commonly referred to as "Environmental Assessments" or "Environmental Impact Studies" as defined under the National Environmental Policy Act (NEPA). 3.2. Due to the various laws and ordinances relating to projects of this nature, legal counsel will be required. This service is specifically excluded from this proposal. It is our understanding that the Client will retain the Office of the Collier Count Attorney as legal counsel for advice and participation as a professional team member. 3.3. The Client may be required to provide other information, plans, calculations and data as identified in Section 2.0, SCOPE OF SERVICES, or as may be requested by WilsonMiller during the course of the Project. Client is expected to furnish WilsonMiller with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation regarding deeds, easements, right-of-way, etc. 4. EXCLUDED SERVICES The professional services that WilsonMiller will provide under this Proposal/Agreement include, and are limited to, those described above in Section 2.0, SCOPE OF SERVICES. All other services are specifically excluded. AG£NOA ITE~ - APR 11 2000 WilsdnMiller 5. FEES The fees for SCOPE OF SERVICES shall be as follows: PARA SERVICE FEE FEE PIN * TYPE AMOUNT 2.1.1 Review County files in 6 departments T/M/E $9,696 2.1.2 Interview County staff in 6 departments T/M/E $6,168 2.1.3 Research accessibility issues T/M/E $11,176 Estimated Total Task 2.1 T/M/E $27,040 70000-000-005-FEHEG 2.2.1 Progress Briefings T/M/E $3,057 2.2.2 Final Briefing T/M/E $1,019 2.2.3 Written Summary T/M/E $4,956 Estimated Total Task 2.2 T/M/E $9,032 70000-000-005-GCHEG 2.3 Reimbursables TIM/E $500 70000-000-005-RB000 Estimated Time/Materials/Expenses Fee $36,572 · Project Identification Number APR 1! 2000 PG. ~ WORK ORDER # WMBP-FT-00-04 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order is for professional engineering services for work known as Preliminary Evaluation of the accessibility of the Miller Blvd. extension To determine the accessibility of the Miller Blvd. extension with respect to vehicular traffic. The work is specified in the proposal dated March 13, 2000, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # WMBP-FT-00-04 is assigned to WilsonMiller Scope of Work: As detailed in the attached proposal consisting of fact finding, briefings and written report. Schedule of Work: Complete work within 120 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated Time and Material amount. TOTAL FEE (not to exceed) Time and Material $36,572.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: ~-~L.~ ~.__~ .e Richard J. Hellriegel, P.E. ~/.~r Edward J. Kant, P.E., Trans. Director Date Date APPROVED BY: Jeff Bibby, P.E. PWED Director Date Approved as to Form and Legal Sufficiency: /~ Assistant County Attorney~ ACCEPTED BY: Date: March 24, 2000 ATTEST: (Corporate Secretary) By: Gary~ Secretary/Treasurer &CFO Type Name and Title By: WilsonMiller, Inc. Signature Template,SN/WO Fixed Term Pro Eng Serv 2 Note: BCC needs to authorize the dollar amount and request that BCC to authorize the PWED Department Director to execute the Work Order as part of your Executive Summary NO · ~..~~ APR 17 2000 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. WMBP-FT-00-05 WITH WILSON MILLER FOR PROJECT MANAGEMENT SERVICES TO SECURE A MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND THE VANDERBILT BEACH BEAUTIFICATION TRUST, PROJECT NO. 69081 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # WMBP- FT-00-05 for project management services to secure a maintenance agreement for the landscape and irrigation improvements which the County constructed along the west side of Vanderbilt Drive from Vanderbilt Beach Road to Bluebill Avenue. CONSIDERATIONS: Landscape and irrigation improvements have been constructed along the west side of Vanderbilt Drive from Vanderbilt Beach Road to Bluebill Avenue (approx. 1.3 miles). The Board approved construction for this project on under Agenda Item No. 16(B)10 at the January 7, 1997 Board meeting. As a condition for the approval of the project, the Board required that an agreement for long term maintenance be executed with the Vanderbilt Beach connnunity. This Work Order will provide the necessary project management sen'ices to finalize the maintenance agreement. FISCAL IMPACT: Funds in the amount of $35,560.00 will come from the gas tax supported Transportation Capital Fund. GROWTH MANAGEMENT IMPACT: none RECOMMENDATION: That the Board of County Conm~issioners authorize the Public Works Engineering Department Director to approve Work Order WMBP-FT-00-05 on behalf of the Board. SUBMITTED BY: /'. -,,:. ,' -. ,. .... ,. , DATE: Richard J. Hellnegel, P.E., Senior Project Manager P, ublic Works Engineering Department , ff,,,e- -jeff-~il~by, P.E., Dire~tor ~" _gublie/~rks E~ng Department REVIEWED BY: ' ; ~ ': n'~" .J Edwa~'~t~. Tran~m~e~es D~ector ~, ~iehm Administrator Public Works Division DATE: DATE: Attaclmqent: Work Order #WMBP-FT-00-05 RJH:rh I APR I 2000 WilspnMiller New Directions In Planning, Design & Engineenng PROFESSIONAL SERVICES PROPOSAL TO: FROM: Mr. Richard Hellriegel, PE Senior Project Manager Collier County Public Works Engineering Department 330/1 East Tarpiami Trail, Building D NajSles, Florid~ 34112 ~hn H. DeWinkler, PE Director of Transpo~ation Se~ices Adolfo A Gonzalez, PE -~ Project Manager" DATE: March 13, 2000 SUBJECT: Professional Services Proposal for Vanderbilt Drive Landscape and Irrigation Maintenance Agreement with the Vanderbilt Beach Beautification Trust (Vanderbilt Beach Road to Bluebill Avenue), Section & , Township South, Range East, Collier County, Florida 1. OVERVIEW 1.1. The Collier County Public Works Engineering Department (Client) wishes to hire WilsonMiller (Consultant) to provide project management services related to the Vanderbilt Drive landscaped corridor between Vanderbilt Beach Road and 111~h Avenue. The goal of the project management services is to finalize the draft maintenance agreement between Collier County and the Vanderbilt Beach Beautification Trust with respect to long term cost sharing and operation/maintenance obligations between the parties (the Project). The services described herein will be provided under the existing Fixed Term Engineering Services Agreement for Collier County Bid No. 98-2835. 1.3. WilsonMiller, Inc. has been requested to submit a proposal to render Engineering, Transportation and Landscape Architecture services for the Project. 1.4, WilsonMiller will coordinate with representatives of the Client and James Abney and Associates, its irrigation subconsultant. Other subconsultants for legal or technical support, as may be needed, will contract directly with the Client. Nap/es Fort Myers Sarasota Bradenton Tampa 3,::'~il'?~,:',~'~ 'L~':~ S~,t4 ,~'~1!? t;,?;,':': ",':::',,~7,~J;','?~ ~75,~'~.7 941~649-4040 ~ 9-11-643-5,716 wq/~w, wJlsonmiller, com APR !1 2000 ~G- ~ WilsdnMiller SCOPE OF SERVICES 2.1. Fact Findin,q Task 2.1.1. Review the Client's files and documentation regarding past pertaining to the landscaping project and the draft agreement. be located in the following Collier County departments: activities Files may Public Works Engineering Department Transportation Services Department Office of the County Attorney 2.1.2. Interview the appropriate County staff from the departments noted above to determine the status of the draft maintenance agreement and outstanding issues between the parties. 2.1.3. Investigate site specific issues pertaining to the operation of the irrigation system to determine if it is operating or can operate at optimum levels with respect to minimizing water usage. 2.2. Project Coordination 2.2.1. Provide an oral status briefing to the Client's staff during the course of the fact finding tasks. It is anticipated that up to three (3) progress briefings will be conducted. 2.2.2. Provide a written summary of the results of the fact finding task and recommendations, if requested by the Client. 2.2.3. Facilitate the discussions and negotiations between the Client and the Vanderbilt Beach Beautification Trust based on direction given by the appropriate decision makers on the Client's staff. This could include presenting the draft agreement to the Association's Board of Directors for their review and consideration. 2.3. Reimbursable Expenses Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to WilsonMiller. .o. APR 2000 Wils nMiller GENERAL CONDITIONS AND UNDERSTANDINGS 3.1. The Scope of Services and Fees proposed herein are based on the assumption that: 3.1.1. the Client's staff will facilitate the request for documentation from other County departments; 3.1.2. this task does not include conducting any public workshops or presentations to the Board of County Commissioners; 3.1.3. no permit applications will be prepared or submitted for this work order; and, 3.1.4. the Consultant cannot guarantee that both parties will successfully conclude and execute a maintenance agreement. 3.2. Due to the various laws and ordinances relating to projects of this nature, legal counsel will be required. This service is specifically excluded from this proposal. It is our understanding that the Client will retain the Office of the Collier Count Attorney as legal counsel for advice and participation as a professional team member. 3.3. The Client may be required to provide other information, plans, calculations and data as identified in Section 2.0, SCOPE OF SERVICES, or as may be requested by WilsonMiller during the course of the Project. Client is expected to furnish WitsonMiller with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation regarding deeds, easements, right-of-way, etc. 4. EXCLUDED SERVICES The professional services that WilsonMiller will provide under this Proposal/Agreement include, and are limited to, those described above in Section 2.0, SCOPE OF SERVICES. All other services are specifically excluded. APR 1 t 200D WilsdnMiller 5. FEES The fees for SCOPE OF SERVICES shall be as follows: PARA SERVICE FEE FEE PIN* TYPE AMOUNT 2.1.1 Review County files in 3 departments T/M/E $5,140 2.1.2 Interview County staff in 3 departments T/M/E $2,862 2.1.3 Investigate project issues T/M/E $5,828 Estimated Total Task 2.1 T/M/E $13,830 70000-000-006-FEHEG 2.2.1 Project Coordination T/M/E $2,596 2.2.2 Written summary and recommendations T/M/E $2,448 2.2.3 Facilitation services (3 founds of meetings T/M/E $15,686 with stakeholders) Estimated Total Task 2.2 T/M/E $20,730 70000-000-006-GCHEG 2.3 Reimbursables T/M/E $1,000 70000-000-006-RB000 Estimated Time/Materials/Expenses Fee $35,560 *Project Identification Number WORK ORDER # ~WMBP-FT-00-05 Agreement for Fixed Term Professional Engineering Services Dated December 8, !998 (Contract #98-Z835) This Wnrk Order is for professions! engineering services for work known as Vanderbilt D11ve Landsc&ve gad lrritl~tion Maintenance Atreement To p~ovidc ~rolect management services related to ~[te execution of a maintenance irriantion as. recreant bet~te.~n Collielr Coun. ty. a,~,d the Va~derb~kt. ~ea~}~l)esutificat~on Tzu,SL The work is specified i~ the proposal dated March 13, 20([0. which i~ attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above. Work Order ii WMBP-FT-00-0$ is assigned to ~ $collc of Wo~k: As detailed in the atlached proposal consisting of fact finding, bziefing~ and wTttte~ report. 5_ciledule of Work; Complete work within 150 dsys from receipt of the Notice to Proceed authorlzi~g start o! work Cvrnl~c.~'~siio_n_: In accordance with Article Five of the Agreement. thc County TOTA.L F~EE fnot t~yxceecl~ Tinge a~gl Material Any change w~hm mone~a,y authority of this Work O~der made ~bscquent to lanai depnrtme~ ~ppr~vst will be considered an gddition~l servic~ and =h~rged acco~dm~ to Schedule "A" vf thr AgreemeuL d P~EPARED BY: _ ~ . ~ ~./~~.__ Richard I, H~llnc~el, ~.E APPROVED JeffBtbby, P,F PWBD Ditecto~ D~t6 App~oxecl as to Form and Assi.~tant County Atto ATTEST: (Corporate Socretary) Gary L.O Dance Secretary/Treasurer &CFO Type Name and Titl: ACCI~PTED BY: Date: March 24, 200~ By: WilsonMiller, Inc. Ferm~n A. Diaz,'P.E.~' Signature Templ~?.tSN/W0 FI~cd Te~'m Pro Brig S~:-v 2 D~'ec~or ~ execute i~e V, cr~ Order ag pan of),cur Exccut;~.e .~ummar~ EXECUTIVE SUMMARY APPROVE A RESOLUTION APPOINTING OFFICERS TO COLLIER COUNTY AGRICULTURE FAIR AND EXPOSITION, INC. BOARD OF DIRECTORS OBJECTIVE: To appoint officers for the Collier County Agricultural Fair & Exposition, Inc. for 2000-01 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 2000-01. 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 Raymond Holland Vice-President Pat Cookson Secretary John Yonkosky Treasurer Mary Lou Weiss/Mary Cunningham Education Duane Wheeler Civic Toni Horne Attorney Jo Selvia Agriculture Jim Mansberger Security FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: THAT THE BOARD OF COUNTY COMMISSIO~RS approve the attached Resolution No. 2000-_ appointing the 2000-01 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors as approved by a majority vote of those memlae~ present and voting at the March, 2000 Board of Directors meeting. Prepared by: ~, ~/~tY~,~LA _ Peter ~raley - //~ Interim Public Se~ices Administrator A? 'i 2000 RESOLUTION NO. 2000- A RESOLUTION APPOINTING OFFICERS FOR THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. FOR 2000 - 2001 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 fodh 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, thai. the following individuals are hereby appointed as the 2000-2001 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors: Terry Wolfson President Raymond Holland Vice-President Pat Cookson Secretary John Yonkosky Treasurer Mary Lou Weiss/Mary Cunningham Education Duane Wheeler Civic Toni Home Attorney Jo Selvia Agriculture Jim Mansberger Security This Resolution adopted this __ day of , 2000, after motion, second and majodty vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal s u f ficiect,cy:~ _.,..-, ~f,,'yv-- Davis C. We~gel County Attorney BY: TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY ?PROVE SUMMER FOOD SERVICE PROGRAM GRANT FOR IMMOKALEE AND NAPLES oUMMER RECREATION PARTICIPANTS. Objective: That the Board of County Commissioners accept a State of Florida reimbursement grant to provide lunch to children of the County's Immokalee and Naples area summer recreation program. Consideration: The summer food service program was established to ensure that various agencies would provide the same high quality meals during the summer as provided during the school year. The grant offers flee meals to children eighteen years and under in areas that qualify under the National School Lunch and School Breakfast Program. Immokalee is one hundred percent eligible for the Summer Food Service; the Naples area varies based on census tract income levels. Staff has successfully administered the summer food service program for the past sixteen- (16) years through the summer camp program. Last summer the 1999 grant provided 44,962 breakfasts, 93,375 lunches, and 4,908 snacks for a total reimbursement of $277.926.00. This summer the program will provide an estimated 50,000 breakfasts. 100,000 lunches, and 5,000 snacks. School personnel prepare and deliver the lunches under the supervision of County staff. The County will be reimbursed based on the number of meals served to the children, and the costs of administering the program. Fiscal Impact: The program is budgeted under the FY2000 Food Grant Fund in the amount of $466,600. -~he State will reimburse the County for 100% of expenses. Growth Management: None Recommendation: The Parks and Recreation Advisory Board and staff recommend that the Board of County Commissioners approve the Florida Summer Food Service Program grant. Prepared bv:. ')/,.. ;-~. .,. /,- . ~¢'2~-,. James R. Thomas, Athletics Supervisor Department of Parks and Recreation Reviewed and , Approved by: James Fitzek, Operation Manager .Department of Parks and Recreation Reviewed and Approved by: Mirla Ramsey, Director ' / Department of Parks and Recreation -'%viewed and ?proved by: Peter Kraley, Interim }Administrator Division of Public ~,.0l'vices Date: Date: Date: Date: ~ ~ 3 ~ - dS~ .... AkENDA 'iTEM NO._~:.(.~ ~_ ~2_ APR II 2000 z Z 0 L~ LU C] 0 0 LJ Z L~_ 0 Z LU Ld 0 L~- Z 0 C) L~- LLJ >- C) Z Z 0 f,,,O Z o u) J ~ Agenda. ']..'tqm- I APR l! 2000 p EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR THE NAPLES BEACH ACCESS IMPROVEMENTS PROJECT AND THE NAPLES LANDING IMPROVEMENTS. Objective: That the Board of County Commissioners approve an Interlocal Agreement to partially fund the Naples Landing Phase II project and the Naples Landing Phase IV. Consideration: These two projects and funds where approved by the Board in this year's budget. The Interlocal Agreement provides for reimbursement to the City for 50% of the Beach Access improvements not to exceed $25,000 and reimbursement of $18,000 tbr tlhe Naples Landing Project. The City shall submit invoices for the projects by September 30, 2000. Growth Management: None. Naples Landing is a City of Naples facility. Fiscal Impact: Funds are budgeted in Fund 306 in the amount of $43,000. Recommendation: Staff recommends that the Board approve and authorize the Chairman to execute the Interlocal Agreement. Prepared by: £ ~ames Fitzek. OperatiBns Manager ~Deparmqel~t of Parks and Recreation Date: "/ - Reviexved and Approved by: Reviewed and Approved by: -. / ,,.~ '~.:., ? z ),.. ,, :.--~: Maria Ramsey, Director' Department of Parks and Recreation Peter Kraley. lnterim ~dministrator D~v]s~on of Pubhc Set,.v~,ees Date: Date: AGEI~D,~' ITE~ ' No,. ~o~C ~ Book 114 · Page~ A~enda Item 5-e Meeting of 3/1/00 RESOLUTION 00-8793 A RESOLUTION AUTHORIZING THE MAXOR AND CITY CLERK TO EXECUTE AN INS~LOCAL AG~-~ENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BE~ THE COLLIER COUNTY BOARD OF CO~4ISSIONERS AND THE CITY OF NAPLES FOR THE NAPLES BEACH ACCESS IMPROVEMENTS PROJECT AND THE NAPLES LANDING PARK IMPROVEmenTS PROJECT; AND PROVIDING AN EFFECTIVE DATE. the Collier County Board of Commission has approved funding for the Naples Beach Access Improvements Project and the Naples Landing Park Improvements Project; and WHF~R~&Sr the City of Naples is prepared to implement these improvements as part of the City's 2000 CIP; and WHEREA~t the City Manager is recommending that the City Council approve an Interlocal Agreement with the Collier County Board of Commissioners to accept funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement for Fund Sharing, in substantially the form attached hereto, between the Collier County Board of Commissioners and the City of Naples for the Naples Beach Access Improvements Project and the Naples Landing Park Improvements Project. Section 2. That the City Clerk is hereby directed to record the Interlocal Agreement in the Public Records of Collier County, Florida. Section 3. This resolution shall take effect immediately upon adoption.. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES: FLORIDA THIS 1ST OF MARCH, 2000. Bonnie R. MacKenzie, MaybO Attest: Approved as to form and legality: ~a A. Norma~' ef%~-tieFZ M: \ REF\ COUNCIL\ RES\ 00- 8793 Kenneth Bo Cuyler, ~-ttorney A,'GE'I~DA No, ~(' ..~ INTERLOCAL AGREEMENT FOR FUND SHARING: NAPLES BEACH ACCESS IMPROVEMENTS PROJECT AND NAPLES LANDING PARK IMPROVEMENTS PROJECT TillS INTERLOCAL AGREEMENT, BY AND BETWEEN Collier County, (hereinafter referred to as the "County"); and the City of Naples, (hereinafter referred to as the "City"); WITNESSETH WI:Qr~REAS, the Board approved funding assistance to Improvements Project; and of County Commissioners for Collier County has the City of Naples for the Naples Beach Access WHEREAS, this funding was approved in the 2000 fiscal budget for Collier County; NOW, TltEREFORE, in consideration of the covenants contained herein, the County and the City hereby agrees as follows: Section 1. The County shall pay fifty percent (50%) funding of the costs of the Naples Beach Access Improvements Phase ri Project, payable ag reimbursement to the City and not to exceed twenty-five thousand dollars ($25,000). The City shall submit the invoices to the County for said project by September 30, 2000. Section 2. Improvements to the Naples Beach Access Improvements Phase II Project are deemed to have a useful life of ten (10) years. In the event that the current Beach Parking Inteflocal Agreement between the City and the County dated November 5, 1998 is not renewed whereby it then has a term of ten years following the time of completion of the Naples Beach Access Improvements Phase ri Project, or is otherwise renewed on terms acceptable to the County and the City, the City shall refund to the County, upon written demand, the useful life remainder value of the Naples Beach Access Improvements Phase li Project. Refund shall be based on ten (10) year straight line depreciation with no residual value. Section 3. The County will pay up to eighteen thousand dollars ($18,000) for phase IV refurbishment of the Naples Landing Park, payable as reimbursements to the City. The City shall submit the invoices to the County for said project by September 30, 2000. Section 4. Improvements to the Naples Landing Park are deemed to have a useful life of twenty (20) years. The City shall not assess an additional admission fee, user fee, etc., to County residents during the life of the project. In the event that this stipulation is violated, the City shall refund to the County the useful life remvfinder value of the Naples Landing Park's improvements. Refund shall be based on twenty (20) year straight line depreciation with no residual value. AG EN DA I~,~EM No, I(~ ( gJ"' 11 2000 Section 5. This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the last party to execute same. Section 6. This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days aRer this Agreement is fully executed. DATE: ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BY: TIMOTHY J. CONSTANTINE CHAIRIM3~ Approved as to form and Legal sufficiency: Thomas C Pal Assistant County Attorney ATTEST: TARA NORMAN, CITY CLERK Approved as to form and 'Legal sufficiency: Kenneth B. Cuyler ~/ City Attorney CITY OF NAPLES, A FLORIDA MUNICI]:'AL CORPORATION BONNIE R. MACKENZIE, MAY(~ DATE: AGENDA. ~EM No._t& (' _ 2000 Pg. L. l EXECUTIVE SUMMARY REQUEST BY PAUL HARVEY REPRESENTING THE SILVER SLAM TOURNAMENT FOR A WAIVER OF PARKING FEES. Objective: For the Board of County Commissioners to make a determination to either waive or not waive parking fees for Barefoot Beach Park. The petitioner requests a waiver of approximately $99.00 in parking fees. Consideration: Since there is no provisions for staff to waive fees, the Board of County Commissioners must evaluate each fee waiver application on a case by case basis. The petitioner is asking for wavier of parking fees at Barefoot Beach Park for up to 33 participants at $3.00 per vehicle. The Silver Slam Tournmnent requests the fee waiver because the Board of County Commissioners have waived these fees in the past. Growth Management: None. Fiscal Impact: The applicant is requesting approximately $99.00 in fee waivers, in the past the Board of County Commissioners have granted this request. Rental revenues for Fund 001-156363 (General Fund Beach and Water Operations) are generated from fees established in the User Fee Policy. Recommendation: Only the Board of County Commissioners may approve fee waiver applications. Since fee "-"nix'ers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for e Board to evaluate the conditions and reasons which underlie the fee application on a case by case basis. / " d'i ~,t,~ ' ~ Date: 4,~mes Fitzek. Operations Manager Department of Parks and Recreation Reviewed and Approved by: Maria Ramsey, Dire~.~6r Department of Parks and Recreation Reviewed and Approved by: .... Peter Kralesx Interi~dministrator Division of Public Services Date: Date: AGENDA. ITEM No. !l~ '~ APR 11 2000 Pg., EXECUTIVE SUMMARY REPORT AND REQUEST TO THE BOARD OF COUNTY COMMISSIONERS TO EXTEND THE CREATION AND DURATION OF THE COLLIER COMMUNITY HEALTH CARE COMMITTEE OBJECTIVE: To report on and to request to extend the duration of the Collier County Community Health Care Committee from May 11, 2000 to February 2001. CONSIDERATIONS: The Board of County Commissioners adopted Resolution No. 99-230 creating the Collier County Community Health Care Committee on May 11, 1999. Subsequently the Board adopted Resolution No. 99-257 superseding Resolution No. 99-230, which expanded the Committee's original membership. Since its establishment the Committee has been working hard and extensively on the complex issue of adequate access to health care within Collier County. The core committee established 6 working sub-committees which have been collecting and analyzing data, identifying health care resources and defining and prioritizing solutions to address identified unmet health care needs. The term of the Committee will expire on June 8, 2000. At the March 15, 2000 meeting of the Committee, members unanimously voted to request the Board of County Commissioners for an extension through February, 2001. Reasons for this extension request include the fact that the newly appointed Director of the Collier County Health Department would like involvement on the preparation and formulation of health care policy recommendations in the area of health care access. It is also noteworthy that an extension is viewed by the existing Committee membership as necessary in order to produce a comprehensive and inclusive final report to the Board of County Commissioners due to the complexity of the issues involved and the ongoing degree of difficulty in obtaining and gathering select data and health information. The Committee is also creating a Report Facilitation Sub-Committee to assure that the final report of the Committee is technically appropriate and addresses priority public health access issues within Collier County. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this committee or this amendment as there is no public health element included within the County's Comprehensive Plan. FISCAL IMPACT: No additional cost is associated with this amendment. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSION-ERS, authorize the extension of the duration of the Collier County Community Health Care Committee through February 28, 2001. Joan M~olf~r, M.D., M.P.H., Directqb[, Collier County Iffealth Department Peter Kraley, Acting Public ServiCes Administrator RESOI.UT1ON NO. 2000- A P,F. SOLUT1ON F. XTENI)ING TIlE CREATION ANI) DtJRATION OF 1'11E COLLIER COUNTY COMMUNITY HEAI,Tlt CARE COMMITTEE THROUGIt FEBRUARY 28, 2001. (, WllEREAS, The Board of Cotmly Commissioners adoplcd Resolution No 99-230 '~ creating lhe Collier County Community llealth Care Committee on May 11, 1999. 8 Subsequently the Board adopted Resolution No 99-257 superseding Resolution No. 99- 0 230, which expanded the Committee's original membership; and m WtTEREAS, since its estnblishmen~ Ibc Commillee has been working hard and ~1 cxlensively on the complex issue ofadequate access lo heallh care within Collier County. 12 Thc core committee established 6 ~orking sub-committees which have been collecting and I~ analyzing dala, identil}'ing bcallb care resources and defining and prioritizing solutions 14 address identified unmet health care needs; and 15 WllEREAS, the term ofthe Committee will expire on June 8, 2000. AtthcMarch 16 15, 2000 meeting nflhe Committee, members tmanin~otmsly voted to request thc [)~artt 17 COHIIlV Commissioners For nn extension through February, 2001 Reasons 18 extension requcsl inch~de lhe fact that the newly appointed Director ~f the Collier County 10 l leahh Department would like involvement on the preparation and fi~rmn, dati<m of heahh 2n ca~e po[icy recommendations in the area ofheahh ca~e access; and ?1 WItEREAS, an extension is viewed by the existing Commiuee membership 22 necessary in order lo produce a comprehensive and inclusive final report to the Board o~ 21 Ctmnty Commissioners due to lhe complexity oF the issues involved and Ibc ongoing 24 degree ofdi~cuhy in obtaining and gathering select dala and health infi>rmalion; 25 WIIEREAS, the Committee is also creating a Rep(m Facilitalitm Sub-Commirlce ~[, assure Ihat lhe final rep~rl of lhe CommiHee is lechnically appropriale and addresses 2~ priorily public heallh access issues within Collier County. ~ NOW, I'[IERgFORE, BE IT RESOLVED BY TIlE BOARD OF COI~NTY 20 COMMISSIONERS OF COLLIER COUNTY, FLOR1DA, lha~: ~ Pursuanl Io Ibc ~oregoing ~ac~s and reasons, lhe Board of Counly Commissioners ~1 hereby expressly extends Ibc crealion and duration of the Collier County Community Page I of 2 5 6 7 9 13 I 7 2] 22 21 I It.]Ih Ca~e ComF, fiIlec as an ad-hoc advisory commhlee fl~rough February 28. 2000 'lifts i',csolutioH adopted this ~ day of ,2000 after motion, second and majority vote favoring same ATTEST: I)WIGtlT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN David C. Weigel L-~ Page 2 of 2 EXECUTIVE SUMMARY APPROVAL OF A CONCESSION AGREEMENT AMENDMENT WITH THE ASSOCIATION OF UNIT OWNERS OF THE REGlSTRY HOTEL AT PELICAN BAY, INC., (THE REGISTRY). Objective: That tile Board of County Commissioners approve an amendment to the existing concession agreement to allow the concessionaire to refurbish the Clam Pass boardwalk and be reimbursed by the County. Negotiations were not complete at the agenda deadline so the most recent draft agreement has been provided. Considerations: A portion of the existing decking for the Clam Pass boardwalk was budgeted this fiscal 5'ear to be replaced. Replacement was scheduled for this summer. The Concessionaire wishes to expand the existing beacln end during tiffs refurbislnment period as well. The two projects will require the closing of the boardwalk during construction. The Concessionaire has offered to perform the County's portion of the refurbishment simultaneously ~'ith their expansion project in exchange for tlne use of Clam Pass parking lot as a staging area and reimbursement for costs of the Counts's portion. Staff believes that arrangement will result in cost savings by using the same contractor. Tile project will require the closing of Clam Pass Park during construction from June 1~ until October lst, 2000. To avoid having to inconvenience public access again next fiscal year. staff is recommending the replacement of the entire boardwalk decking, rather than the budgeted portion. Staff is also recommending refurbislnment with rec3cled plastic rather than pressure treated wood this year. According to both tile manufacfurer and tile engineering firm W.J. Johnson & Associates. Inc., the recycled plastic should not need replacement for approximatelx fift3 years. Typically we have had to turn or replace tile chemically treated wood every three years causing an inconvenience to our park patrons as well as presenting safety hazard due to splintering. Growth Management: Tile value of the improvements to tile facilities will be counted toxvards the level of service standard for park facilities. Fiscal Impact: The total project cost will be S750.000. $400,000 is budgeted in fund 105. Staffis recommending the remaining funds come from 306 reserves in the amount of $216.000 and 5134.000 from TDC funds budgeted for Conners Park. The TDC will review tile transfer from one project to the other at its April 17~" meeting. Staff prQiects cost savings on tile TDC funded Conners Park of $134,000. Recommendation: Staff recommends that tile Board authorize the Chairman to sign tile final, staffand Coun.ty Attorne3 approved Addendum once negotiations are finalized b3 staff and executed by the Concessionaire, along with tile necessary budget amendment when provided by staff. Prepared bx': t r.-.,,.~ /~, . ~9~.~ __ Date: James K. Fitzek. Operations Manager Department of Parks and Recreation Reviewed and ~ Approvefl by: ; , / (. } ;4 .... J,.;;~;<' Date: Maria Ramsev, Dtrector Department of Parks and Recreation Reviewed and ' ' ' ' ~ ~ ;~ Date: Approved bx: . - Steve ~'~me[I, Di~clor Depamnent of Purchasing and Reviewed ~ {~ ~ Approved b ~- Date: ~eter Kraley, lp~ri~n ~ministrator DMsion of Public Se~ces AGENDA ITEM No.I {~ C APR 11 2000 FIRST ADDENDUM TO CLAM PASS CONCESSION AGREEMENT ADDENDUM to Clam Pass Concession Agreement between The Association Unit of Owners of The Registry Resort at Pelican Bay. Inc. ("Concessionaire"). and the Board of County Commissioners of Collier Count3.,. Florida. political subdivision of the State of Florida ("Count)."') WHEREAS, the County and Concessionaire entered into a Clam Pass Park Concession Agreement dated April 14. 1998 CConcession Agreement"): and WHEREAS, this Addendum to the Concession Agreement provides that the Count5' would construct certain improvements ("County Improvemems") and the Concessionaire would construct certain other improvements "Concessionaire Improvements"): and WHEREAS. the County, in cooperation with the Concessionaire wishes to upgrade and improve the Clam Pass Boardwalk. hereinafter referred to as the "Project". and WHEREAS. the Concessionaire wishes to engage the services of a firm capable of performing the work related to the Project. hereinafter called the Contractor. and WHEREAS. the County desires to compensate and have the Concessionaire engage said Contractor for the Project: and WHEREAS. the Concessionaire is agreeable to and desirous of undertaking such services for County in connection with the Project, and WHEREAS. the County is agreeable to and desirous of providing funding to the Concessionaire in connection with the Project as described herein: WHEREAS, the County and Concessionaire hereby amend the Concessionaire Agreement to reflect the parties revised obligations. NOW. therefore, in consideration of the promises and mutual covenants hereinafter contained, the Concessionaire hereby agrees to undertake said services in connection with the Project as outlined below, and both the County and the Concessionaire hereby covenant each to the other to implement the Project concurrently subject to the terms and provisions as hereinafter contained. AG:kJnA.ITFM No. I c 0 APR 11 2000 1. GENERAL PROJECT DESCRIPTION. This Agreement applies to the Clam Pass Boardwalk, which traverses the Clam Pass Park from the Count>, parking lot, adjacent to the Registry Resort, to the Clam Pass Beach Restroom/Snack Bar. The Boardwalk is made of wood and is approximately 3100 feet long (Exhibit 2). It was initially constructed in 1986 and received deck plank replacement and/or "turning" in 1990 and in t 994 A comprehensive superstructure and boardwalk inspection was performed by W. J. Johnson & Associates, Inc. in April of 1999, (Exhibit 1). That inspection determined that the superstructure was in excellent condition, but the boardwalk decking was generally in poor condition. The other topside wood components, electrical and mechanical items supported below will require minor maintenance during these improvements. The Count>' Improvements to be performed by the General Contractor approved in writing by the Count>' shall consist primarily of the replacement of the deteriorated pressure treated deck planks (3" x 8" x 12') with recycled plastic planks of similar dimensions. The Clam Pass Parking Lot shall be used by the Contractor for material storage and staging as : ~ · .~ ' in writing by the Count>'. Working hours shall be as determined by Collier County Parks and Recreation Department. SCOPE OF WORK The general contractor's obligations shall include replacement of the handrail cap members on the entire boardwalk (see H, below), and the replacement of 3100 boardv,'alk feet of boardwalk deck (see C, below), at the beach restroom/snack bar end of the boardwalk. The pressure treated wheel guards (6" x 6") and spacers (2" x 4" x 4'), (Exhibit 3). shall be removed as required for access to replace the deck planks. The guards and spacers shall be re-installed after plank installation. The Y'x 8" x 12' (nominal) pressure treated deck planks shall be removed and transported to the staging area to be salvaged by the County. All nails, spikes and hardware shall be removed from the planks. All construction debris, spikes, etc., shall be removed daily from the boardwalk work sites. Recycled plastic deck planks (nominal dimensions Y'x 10"x 12') shall be installed on the boardwalk so as to maintain the transportation access schedule for the beach restroom/snack bar project. The new deck plank's shall be installed with a minimu: AF ( 11 2000 steel (305 18-8). screws (#12 x 5" square drive, fiat head) per stringer. The planks can be pre-drilled, but shall not be counter-bored. The fasteners shall be screwed flush with the plank surface. A 3/8" space shall be left between each plank. The recycled plastic deck planks shall be U.S. Plastic Lumber Ltd., Trimax, or approved equal and shall possess the following material properties: Modulus of rupture 2,960 ps~ Modulus of elasticity 450,000 ps~ Compression parallel to grain 1,740 ps~ Compression perpendicular to grain 690 ps~ Shear parallel to grain 740 ps~ hnpact bending 7,500 ps~ Tension parallel to grain 1,250 ps~ The planks shall be furnished in charcoal (dark gray) color or similar color as approved by Collier County Parks & Recreation Department. The 2" x 8" (nominal) pressure treated handrail cap member shall be replaced with similar dimension recycled plastic member with material properties listed in Item E above. The cap member shall be fastened to each 4" x 6" post with three (3) #12 x 3" square drive, fiat head stainless steel (305 18-8) screws. After installation of the handrail cap members, if the recycled plastic product includes fiberglass fibers, the exposed cap member surfaces shall be treated in the following manner: Run a fine Scotch-Brite flap brush across the surface of the cap member using a hand drill. This will break off surface fibers. Wash the cap member with soap and water using an ordinary household sponge to remove the loosened fibers. Then rinse with water. The W. J. Joba~son & Associates inspection report indicates several conditions along the boardwalk and superstructure require maintenance. The follovdng shall be performed as part of these improvements: Fastener hardware which is missing or loose shall be replaced or tightened along the length of the boardwalk. ii. Handrail shims shall be replaced as required to secure or straighten handrails where required. AGEI,~ t~ ITEM -4- No.-I C e- ,. iii. Loose superstructure blocking shall be secured below the deck where required. Rusted metal surfaces at the drawbridge lifting mechanism shall be cleaned and neutralized of rust. PVC expansion couplings at the electrical conduit, supported below the deck. shall be secured properly where required. All construction debris shall be removed daily to the parking lot staging area and disposed of regularly by the contractor. Collier County shall salvage the replaced deck and handrail lumber. The following product information shall be provided bv the Contractor and substitutions shall not be allowed during construction without written change order approval by Collier County Parks & Recreation Department. Recycled plastic deck plank manufacturer, product name, and/or dimensions. ii. Recycled plastic handrail cap member manufacturer, product name, and/or Dimensions. iii. Stainless steel fasteners manufacturer, product name. and/'or sizes. CONSIDERATION. The County shall provide reimbursement of the actual costs of the Project in an amount not to exceed seven hundred rift}' thousand dollars ($750.000). Additional costs which exceed this amount must be approved in advance by the County in the form of a written Change Order. and are subject to the then current County Purchasing Policy. The Contractor and/or Subcontractors shall invoice all work performed on pursuant to the Project Scope of Work, separate from all other work to enable the County to ascertain charges to the Scope of Work. The Count>' shall pay unto the Concessionaire for the performance of this -S- AG EN_DA !IEM No,-,J C- ~' c-~ . pg % Agreement upon completion or partial completion of the Project work tasks as accepted and approved by the County pursuant to Article "A" above. Payment will be made as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70. Fla. Stats.. otherwise known as the "Florida Prompt Payment Act". MISCELLANEOUS All construction is to be completed not later than October 1. 2000. In the event that the Contractor is delayed in construction for reasons beyond its reasonable control, the Contractor will be granted an extension of time to complete construction commensurate with the delay caused to the Contractor. The County shall have the right to inspect an.,,' work done for the Pro. ject and shall have access to the site at all times. The County reserves the right to make a final inspection and approval of any work done for the Pro. ject prior to making payment. IN WITNESS WHEREOF. the Concessionaire and County, have each, by an authorized individual, executed this ADDENDUM to the CLAM PASS CONCESSION AGREEiMENT this da), of 2000 THE ASSOCIATION UNIT OF OWNERS OF THE REGISTRY RESORT AT PELICAN BAY, INC., a Florida Non Profit corporation WITNESS (Printed or Typed) Richard L. Handley. Secretary -6- AG F'k~ r'} ~ IT.l~ M pg.__ ~.," · · WITNESS (Printed or Typed) ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: TIMOTHY J. CONSTANTINE. Chairman Thomas C. Palmer Assistant County Attorney P, cgistry Boardx~ alk P, epair .Agreement -7- AGF~Jr~A ITEM No, ~ ~_ Ara 1 1 2~gO pg ' -1 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD Objective: To enter into an Agreement with the Collier County School Board to upgrade and improve recreation fields and facilities in exchange for usage as County recreational facilities. Considerations' The School Board is currently in the process of constructing the Corkscrew Middle School Campus located near Orange Tree on the Immokalee Road. They will be constructing their standard baseball field, softball field, soccer/football field, and tennis courts as part of the campus. Staff has developed an agreement with the School Board that will reimburse the School Board for lighting and upgrades to these fields, in exchange for usage of the fields for County recreation purposes. The lighting and upgrades are necessary to bring the facilities up to Park and Recreation Department standards. Staff believes this is a cost-effective method of providing recreational services to this part of the county. Joint use of other governmental facilities and lands, for recreational and open space, is a goal outlined in the growth management plan. Growth Management: These facilities will be inventoried in the growth management plan. Fiscal Impact: Funds in the amount of $514.554 are budgeted in Fund 368. Recommendation: Staff recommends that the Board of County Commissioners authorize the Board Chairman to sign the final. County Attorney approved standard Interlocal Agreement as negotiated by staff once executed by the Co],lier County School Board. Prepared by: '~:' ~. '~ Date: ~ James Fitzek. Op&r~i'0~s Manager ~ Department of Parks and Recreation Reviewed and Approved by: Reviewed and Approved by: Reviewed and Approved by: Mafia Ramsey, Director Department of Parks hnd Recreation Steve'Carnell, Di~:ector Depamment of Purchasing Peter Kraley. I{~t~im Administrator Public Services Date No.- ~Tj'~ ,. 11 2000 Pg. I - I - 2000 AGREEMENT THIS Agreement, made and entered into this day of 2000 by and between the Board of County Commissioners, Collier County, Floric~a, a political subdivision of the State of Flor/da, hereinafter called the COUNTY, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, Florida, hereinafler called the SCHOOL BOARD. WITNESSETH WHEREAS, the COUNTY, in cooperation with the SCHOOL BOARD wishes to upgrade and improve various SCHOOL BOARD recreation fields and/or facilities in exchange for usage of said fields and/or facilities for COUNTY recreational usage, hereinafter referred to as the "Project", and WHEREAS, the SCHOOL BOARD wishes to engage the services of a firm capable of performing the work related to the Project, hereinafter called the CONTRACTOR, and WHEREAS, the COUNTY desires to compensate and have the SCHOOL BOARD engage said CONTRACTOR for the Project; and WHEREAS, the SCHOOL BOARD is agreeable to and desirous of undertaking such services for COUNTY in connection with the Project, and WHEREAS, the COUNTY is agreeable to and desirous of providing funding to the SCHOOL BOARD in connection with the Project as described herein; NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, the SCHOOL BOARD hereby agrees to undertake said services in connection with the Project as outlined below, and both the COUNTY and the SCHOOL BOARD hereby covenant each to the other to implement the Project concurrently subject to the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION OF SERVICES AND TERMS OF USE 1.01 The identity and locations of the recreation fields and/or facilities where services are to be provided shall be as per Exhibit "A", attached, and incorporated herein by reference. If additional locations are added to the original list as per Exhibit "A', they shall be mutually agreed upon in writing between the SCHOOL BOARD and the County Parks and Recreation Director or their designee. 1.02 A description of the services to be provided under this Agreement as well as the cost for each service shall be as per Erahibit "B", attached and incorporated herein by reference. 1.03 1.04 It is further agreed by the SCHOOL BOARD that the COUNTY shall have the usage of the facilities listed in Article 1.01 above, after school hours, Monday through Friday, 3:30 p.m. until 10:00 p.m; and on weekends, Saturday and Sunday from the hours of 6:00 a.m. until 10:00 p.m., and days when school is not in session, including but not limited to summer break and holidays. The COUNTY and the SCHOOL BOARD agree that the middle school restroom facilities twhich have direct outside accessTl shall be made available to the public during the periods when the facilities as described in Section 1.01 are in use by the COUNTY, for the days and time periods as described in Section 1.03. 1.05 The COUNTY, at its expense, shall repair and maintain the fenced-in area plus ten (10) feet beyond the fence, on the sot~ball and baseball fields. COUNTY, at its expense, shall also repair and maintain the soccer fields inside asphalt track. Repair and maintenance shall include the following items: Lighting, irrigation, mowing, clay work. Repair and maintenance on these items shall be in accordance with COUNTY park standards. The COUNTY will also repair and maintain the lighting on the basketball court at COUNTY's expense. COUNTY shall be able to maintain and repair said areas during regular school hours on a schedule to be coordinated between AGENDA ITEM 11 2000 I - 1 - 2000 the COUNTY representative or their designee and the SCHOOL BOARD representative or their designee. 1.04 It is further agreed by and between the SCHOOL BOARD and COUNTY that when the hardcourts (tennis, basketball and track) need to be resurfaced or improved, the cost of doing so shall be shared equally between the SCHOOL BOARD and the COUNTY. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate twenty (20) years from that date unless as provided in 2.02. 2.02 On or before the expiration date of this Agreement, the Parties may extend this Agreement by mutual agreement under all of the terms and conditions contained herein for an additional multi-year period to be determined by the COUNTY Parks and Recreation Director or their designee and the SCHOOL BOARD. 2.03 The COUNTY or SCHOOL BOARD may terminate this Agreement with reasonable cause or by mutual agreement prior to the expiration of this Agreement, upon sixty (60) days prior written notice each to the other. In the event of such termination by either party, the COUNTY shall be entitled to pro-rata compensation for the cost of improvements provided, based on a twenty (20) year depreciation schedule. The COUNTY shall not be entitled to any compensation after the twentieth year, SECTION III. SCHOOL BOARD's RESPONSIBILITIES 3.01 The SCHOOL BOARD shall assume the entire responsibility for contracting with the CONTRACTOR for the Project described herein. 3.02 The SCHOOL BOARD shall be responsible for management and oversight of the Project, 3.03 The SCHOOL BOARD agrees to assign a representative to the Project during the term of the Project so that the COUTqTY may effectively coordinate its services with SCHOOL BOARD. In this respect, the SCHOOL BOARD agrees to require its representative or agent to attend regular progress meetings as may be reasonably requested by the COUNTY. 3.04 The SCHOOL BOARD agrees to admin/s~'ate, in the form of plans, memoranda and reports, Project clar/fications and changes which may be necessary during the Project. If any such changes exceed the contract mount authorized by this Agreement, the SCHOOL BOARD shall notify the COUNTY's representative, and if the COUNTY approves such changes in writing, and agrees in writing to reimburse the SCHOOL BOARD for the additional costs, the SCHOOL BOARD shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The above notwithstanding, the COUNTY additionally authorizes the SCHOOL BOARD to prepare, execute and implement minor Change Orders to the Contractor for work changes necessitated by the Project so long as the contract mount authorized by this Agreement is not exceeded. 3.05 The SCHOOL BOARD agrees to obtain required waivers and releases of claim of lien from persons and f'mms performing work or providing services on or for the Project. SECTION IV. COUNTY'S RESPONSIBILITY 4.01 4.02 With respect to specific services to be provided to the SCHOOL BOARD by the COUNTY under the terms of this Agreement, services are deemed to include but shall not necessarily be limited to the following items: The COUNTY agrees to assign a representative to the Project during the term of the Project so that the COUNTY may effectively coordinate its services with SCHOOL BOARD. In this respect, the COUNTY agrees to require its representative or agent to attend regular progress meetings as may reasonably be requested by the SCHOOL BOARD. ITEM Pg.. ~. ,, . I - I - 2000 4.03 The COUNTY shall provide reimbursement of the actual costs of the Project up to and including the sum of five hundred fourteen thousand five hundred fifty four dollars ($514,554.00) 4.04 In the event that the COUNTY should desire additional services as necessary and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement in addition to those identified in Exhibit "B", and which would exceed the contract sum of five hundred fourteen thousand five hundred fifty four dollars ($514,554.00), Supplemental Agreement documents for this Agreement must be issued by the COIYNTY for said additional services, and shall be authorized in writing signed by both the COUNTY's representative and the SCHOOL BOARD in compliance with the then current COUNTY Purchasing Policy. 4.05 The COUNTY shall regularly and periodically examine, with the SCHOOL BOARD's representative, requests for payment (monthly pay estimates) as submitted to the COUNTY by the SCHOOL BOARD'S contractor to determine that they are in order for payment and consistent with the contract documents entered into between the COUNTY and the SCHOOL BOARD. When such requests are deemed to be in proper order the COUNTY shall ce~fy that to the best of its knowledge, the quality and quantity of work performed is in accordance with the Project services and shall transmit them for payment to the COUNTY Finance Director as part of the payment process for the Project. 4.06 Upon completion of all work associated with the Project, including all Change Orders and Supplemental Agreements thereto, make a £mal review of the Project with the SCHOOL BOARD's agent or representative. 4.07 The COUNTY shall have the right to inspect any work done for the Project and shall have access to the site at all times. 4.08 The COUNTY reserves the right to make a final inspection and approval of any work done for the Project prior to making payment. SECTION V. INDEMNIFICATION 5.01 To the extent permitted by Florida law, the SCHOOL BOARD and the COLrNTY shall each defend, indemnify and save the other harmless fi.om any and all claims, liability, losses and causes of actions arising out of any act, error, omission, or negligence arising from or incident to the parties' performance under this Agreement. Neither party shall be responsible for any incident arising from the sole negligence of the other. This provision shall also pertain to any claims brought against the parties by any employee of the named parties, any sub-contractor, or anyone directly or indixectly employed by any of them. The parties' obligations under this provision shall be limited to the extent provided by Florida law. SECTION VI. INSURANCE 6.01 The COUNTY and the SCHOOL BOARD shall maintain insurance coverage in the minimum amounts and types as required by Florida Law. 6.02 The COUNTY and the SCHOOL BOARD agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations. SECTION VII. REPRESENTATIVES 7.01 The COUNTY Parks and Recreation Director, or their designee, either directly with the SCHOOL BOARD Director of Facilities Planning or their designee shall, respectively, act as the COUNTY'S and SCHOOL BOARD's contract authority and representatives under this Agreement. AC =~t')A ITEM No.- ~L,, ~q . I - I - 2000 SECTION VIH. PAYMENT 8.01 The COUNTY shall pay unto the SCHOOL BOARD the amount of COUNTY'S cost of services pursuant to Article 4.03 and 4.04 above. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". SECTION IX. MISCELLANEOUS 9.01 This Agreement shall be governed by the laws of the State of Florida In the event any litigation is instituted by way of construction or enforcement of this Agreement the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorney's fees. 9.02 It is understood that fi'xis Agreement shall be executed by both parties prior to the SCHOOL BOARD and the COUNTY commencing with the work and services described herein. 9.03 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the SCHOOL BOARD and the COUNTY Parks & Recreation Director or their designee, in compliance with the then current COUNTY Purchasing Policy. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency TIMOTHY J. CONSTANTINE, CHAIRMAN David C. Weigel County Attorney AS TO THE DISCTRICT SCHOOL BOARD OF COLLIER COUNTY: SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: A1WEST: SUPERINTENDENT OF SCHOOLS DISTRICT SCHOOL BOARD OF COLLIER COUNTY, NAPLES, FLORIDA DR. DAN W. WHITE Approved as to form and legal sufficiency: John Clapper 1II, Esq. District School Board of Collier County Attorney BARBARA J. CHURCH CHAIR AGENDA~ITEM No.. I~'~'""l- APR 11 EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID 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. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 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. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 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 lists the 28 accounts that have paid in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $178.50 which is to be charged to Account No. 510-102030-649030. GROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 28 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 28 Satisfaction of Liens for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. Prepared by: Pam Caltfs Revenue Supervisor ' De.,i;?a'rtment of Revenue _ Teresa A. Riesen, Revenue Manager Department of Revenge Reviewed by: '-,4'--,, ~.. ~ John A. y'onkos'RT,,, Direct_0.r,..--~ Department of ReVenue, Approved by: .. :..- : . -' Leo Ochs, Jr., Administrator Support Services Division Date: Date: Date: NO. ~. ,' APR 1,1 2000 Pg' J - RESOLI.ITIOmH NO. 2000- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 10 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board 11 of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 12 authorizing the recording of notices of liens for the delinquent solid waste collection and 13 disposal services special assessments for 1993: and 14 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to ~.5 approve by Resolution and record i~ th{~ Official Records a Satisfaction of Lien on alt t6 accounts that have been paid in full. 17 NOW, THEREFORE, BE Iq" RESOLVED BY THE BOARD OF COUNTY is COMMISSIONERS OF COLLIER COUNIt", FLORIDA, that pursuant to Collier County 19 Ordinance No. 90-30, as amended, the Bua~d recognizes full payment and receipt of the 2o 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the 21 following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, 22 whereupon a lien had been recorded on ~oal property pertaining to the accounts identified 2~ herein. The Satisfactions of Lien atta~;l,od hereto referencing the accounts identified 24 herein are hereby apploved and the Chair~ian is hereby authorized to sign on behalf of the 25 Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier Couilty: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Account No. 26 Account No. 385 Account No. 987 Account No. 1119 Account No. 3874 Account No. 4857 Account No. 5267 Account No. 7744 Account No. 8921 Account No. 9250 Account No. 10388 Account No. 10634 Account No. 10809 Account No. 11617 Account No. 11963 Account No. 13246 Account No. 13974 Account No. 14517 Account No. 15684 A~ I~H:)A APR 1-,[ 2.000 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 Account No. 17873 Account No. 18416 Account No. 21186 Account No. 22622 Account No. 26411 Account No. 305941 Account No. 7702 Account No. 68 Account No. 3887 This Resolution adopted this__ second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and day of , 2000 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN I APR 1 ! 2000 EXECUTIVE SUMMARY APPROVE CONTRACT FOR CONSTRUCTION MANAGER AT RISK FOR THE PROPOSED NORTH NAPLES LIBRARY, RFP # 00-3037. OBJECTIVE: To Award RFP #00-3037, construction of the North Naples Library to Kraft Construction Company, Inc. CONSIDERATIONS: On January 23, 2000 the Interim County Administrator authorized a selection committee to review, evaluate and rank proposals from construction firms capable of providing construction management at risk services for the new North Naples Library. The selection committee was to negotiate with the top ranked firm and present a recommendation to the Board. On February 25, 2000, three proposals were received, Kraft Construction, Owen Ames Kimball and Compass Construction. Kraft Construction was selected first choice (see attached Ranking Matrix). FISCAL IMPACT: The Agreement with Kraft Construction, Inc was negotiated as follows: 1. Services durino~ Design Phase: Total $26.000 (one half of one percent of Targeted Construction Budget of $5,200,000) Services during Construction Phase: Five percent of Guaranteed Maximum Price (G.M.P.), to be determined at' completion of Design. A budget amendment is required to fund the $26,000 for the design phase. Funds are available in the Library Impact Fee Fund (355) reserves. Once the Guaranteed Maximum Price is established, staff will return to the Board for additional funding for construction. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners award RFP #00-3037 to Kraft Construction Company, Inc. and authorize the Chairman to sign an agreement with Kraft Construction Company, Inc. after review by the County Attorney's Office. PREPARED BY: ~ Crognale, Construction Manager pmxment of Facilities Management Skip ~Zfi'm!67, Director Department of Facilities management Approve the necessary budget amendment. DATE: DATE: AGENDA ITEM APR 1 1 2000 pg. / Executive Summary RFP #00-3037 Page 2 Stephen Y. Came]l, Diredtor Purchasing Department DATE: REVIEWED BY: ., J:: .. (_ k]_: Leo E. Ochs, Jr., Administrator Support Services Division DATE: I APR 11 2000 Z ow LU APR 11 2000 EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE 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 SPEClALASSESSMENTS 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. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 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. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 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 lists the 4 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $30.00 which is to be charged to Account No. 510-102030-649030. GROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 4 Satisfaction of Liens for the account listed in the Resolution and authorizing the Chairman to sign the 4 Satisfaction of Liens for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. Prepared by:/~'-¢.-~c~ ~._'X~_~_,¢~ Date: Pam Callis,/Revenue Supervisor Departrrpeflt of Revenue . Reviewed by: ~~~ ~, ~~~'" Date: Teresa A. Riesen, Revenue Manager Depadment of Reven~e ~ Reviewed by: ' .~.~. ~ix % .~}~ ~L "-,. Date: Depa~ment of Revenue Approved by: ~-. L ~ '" . .... ; .... Date: koo Ochs, Jr., Administrator Suppo~ Se~ices ~iv~[on i, /AGF-NDA ACR 11 ITEM 2000 Pg. RESOLUTION NO. 2000- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. u WHEREAS, pulsuant k, Colliel Cuul~ty Oidil~aiice No. 9{/-30, as amended, the Board [1t of County Commissio~e~s on &ugust 22, 1995 adopted Resolution No. 95-475 authorizing ii the recording of notices of Ileum lor th{~ delinquent solid waste collection and disposal 12 se~ices special assessments fo~ ]~ WHEREAS. Collier C(~Lll~ly Oi,li~Lu~c~} Iq() ~K)-30. as amended, requires the Board to ~4 approve by ~esolutioll ;~l~d ~{.~l h.~ Ii~,, ~)lfici~fl Ih:,',~ds a Satisfaclion of Lien on all I~ accounts tlmt h;iw~ be~ i~;~i~l I~l I, NOW, ]HEREFORE []~ ii I,'LSOLVED DF THE BOARD OF COUNTY l: COMMISSIONERS OF CO[IlEI? COUI.J ;~, FLOFtlDA, that pursuant to Collier County IS Ordinance No. 90-30, as a~,~ led. !l~e [3~'d leCOgllizes full payment and receipt of the 19 1994 Se~ice Year S~flid V,:~,.~I~ {~(,ll()(:lJ()ll ~i~S I}isposal Special Assessment for the 2~, following accou~,ts ilUlli~)ol()~J ~)( I..;~',.. ~ t~t, ,~'.t~}~fl h, Ihe adoption of Resolution No. 95-475, zi whereupon a lien had l.~e{}l~ ir>{;{:~(l,~,i ~)~/ ~};~1 t)~(~l~olly t)erlaining to tt~e accounts identified 22 herein. The Satisfactirms ol I..ie~ alhml~<t 1~ r{-~k~ ~efemncing the accounts identified herein :~ are hereby apl)roved a~d ~1~ {~il~illl~,~] ~; iKqeb~ ~mtho~ized to sign on behalf of the Board 24 of County Commissio~e~s, ~l~<~ tl~ (;I(.~1 is directed t~ ~ecord this Resolution and these zs Satisfactions of Lien i~l<.llvidu~fll~' i~ I1~ ~ ,fli~ i;fl ~e(:~<l~ (ff Collier County: 27 Account No. 68 AccountNo. 7171 Account No. 12467 AccountNo. 20527 31 32 33 34 35 ~r~ ATTEST: 37 DWIGHT E. BROCK, CLERK 41 42 4~ Approved as to form 4a legal sufficiency: 45 This Resolutiol~ adoptod tl~i,.; second and majority duy ol , 2000 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FIMO'IttY J. CONSTANTINE, CHAIRMAN APR 11 2000 EXECUTIVE SUMMARY EPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE SALE AND TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION OF FEBRUARY 19, 2000 AND AUTHORIZE REFUND AND DISPOSAL OF MARCH 1999 SURPLUS MOBILE HOME. OBJECTIVE: To present the results of the recent County property auction to the Board of County Commissioners for ratification. Also, request authorization to destroy and dispose of a mobile home in Immokalee which was declared surplus at the March, 1999 auction, and refund money to buyer. CONSIDERATION: On February 8, 2000, the Board of County Commissioners authorized staff to conduct an auction of specified County-owned assets for the purpose of disposing of these items and generating revenues for the County. The February 19, 2000 auction generated $442,515.00 in actual gross revenues and $407, i13.80 in net revenues. The auctioneer's commission is $35,401.20. This auction included vehicles and office equipment. The breakdown of gross and net revenues between the Board of County Commissioners, Property Appraiser and Sheriff's Office is as follows: Agency Gross Revenues Net Revenues Board of County Comm. Property Appraiser Sheriff's Office $236,802.00 $217,857.84 $ 98.00 $ 90.16 $205,615.00 $189,165.80 At the March, 1999 auction a buyer purchased a triple-wide mobile home in Immokalee. During the past year, the County has not been able to successfully secure a title for the mobile home. The trailer is now deemed unsafe for use or transport. The buyer is willing to accept full refund of $1,272.00 for the purchase FISCAL IMPACT: Net revenues have been allocated as follows: Department Fund Net Proceeds Fleet Mgmt Regular Motor Pool Fleet Administration Fleet Fuel Service Fleet-EMS Motor Pool Utilities Road & Bridge General Fund Pelican Bay Services 522-122464 521-122410 521-122450 522-122465 408 101 001 109 $110,676.00 $ 708.86 $ 78.20 $ 4,6O0.00 $ 32,200.0O $ 56,770.90 $ 5,436.28 $ 7,387.60 Less Refund for Trailer O01 ($ 1,272.00) EXECUTIVE SUMMARY PAGE TWO GROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners (1) accept and ratify the revenues for the County Auction held on February 19, 2000 pursuant to the itemized sales report attached hererin; and (2) authorize refund of $1,272 to buyer of triple-wide mobile home in Immokalee from March 1999 auction, declare the property condemned and authorize disposal of same. SUBMITTED BY: '~.\ ,,. . Date: Rhonda L. Tibbetts, Purchasing Agent REVIEWED BY: r-~ / .'~ , ~te-phen Y. Carnell, Directpr ' Purchasing/General Services Date: ?, APPROVED BY: Leo E. Ochs, Administrator Support Services Division Date: No. ~/ · APR 11 2000 SDate: 02-13-2000 Settlement Seller: 1 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX # 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 33962 941-774-8425 Description Price Qty Page: Total 2 4 5 6 7 8 9 10 11 12 13 14 IBM SELECTRIC 94 FORD F150 1FTEF15N4RNB17157 WHITE 83336 940037 94 JEEP CHEROKEE 4X4 1J4FJ28SlRL225901 WHITE 87242 940051 93 CHEV S10 1GCCS19A8P8173172 WHITE 66167 930022 91 CHEV C1500 1GCDC14Z3MZ153707 WHITE 116921 910031 92 CHEV S10 1GCCS14ZXNS159347 WHITE 62894 920009 92 CHEV C2500 1GCFC24Z9PE192814 WHITE 60225 930041 91 CHEV Gl0 1GCCG15Z5M7122971 WHITE 69469 910051 96 FORD RANGER 4X4 EXT 1FTCR15U3TPA59818 WHITE 88390 960031 93 CHEV LUMINA 2G1WL54T1P9173229 WHITE 92096 930025 93 CHEV LUMINA 2G1WL54T2P9244986 WHITE 80243 9300050 94 FORD Fl50 1FTEF15NORNB17155 WHITE 85339 940033 93 CHEV C1500 1GCDC14ZSPE167842 WHITE 91763 930017 96 FORD RANGER EXT 1FTCR14USTPA56463 WHITE 81708 960014 93 CHEV BLAZER 4X4 1GNEK18KOPJ355953 WHITE 100098 940028 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.00 4,100.00 5,000.00 3,000.00 2,500.00 2,300.00 5,250.00 3,000.00~ 5,700.00 2,300.00 2,700.00 6,200.00 3,200.00 5,400.00 6,600.00 Ar.,E~A ITEM APR 1 12000 Da~e: 02-13-2000 Settlement Seller: 1 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX# 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 33962 941-774-8425 Description Price Qty Page: Total 15 16 17 18 19 20 21 22 23 24 25 26 27 28 96 FORD RANGER 4X4 EXT 1FTCR15U5TPA59819 WHITE 97485 960030 94 FORD AEROSTAR 1FMCAllU9RZA59148 WHITE 83447 940026 94 FORD F250 EXT 1FTHX25H3RKB17646 WHITE 118706 940014 96 FORD Fl50 4X4 1FTEF14Y8TLB10551 WHITE 87898 960034 92 CHEV C2500 1GCFC24H8NZ165147 WHITE 87805 920010 93 CHEV Sl0 1GCCS19AXP8175067 WHITE 71901 930026 93 CHEV BLAZER 4X4 1GNEK18KOPJ355807 WHITE 93983 930027 94 FORD RANGER 1FTDR15X0RTA43297 WHITE 76638 940023 96 FORD RANGER EXT 1FTCR14UXTPA55685 WHITE 84654 930013 93 CHEV S10 1GCCS14A2P8170260 WHITE 79432 930011 95 CHEV Sl0 4X4 EXT 1GCDT19ZlS8165026 WHITE 96381 950007 95 CHEV S10 1GCCS14Z0SK259570 WHITE 80658 950047 92 CHEV C2500 1GCFC24H1NE213742 WHITE 56139 930001 93 CHEV C3500 CC 1GCGC33K4PJ352846 WHITE 85825 930038 1 6,000.00 1 5,200.00 1 7,000.00 1 7,750.00 1 5,000.00 1 4,000.00 1 6,750.00 1 6,500.00 1 4,800.00 1 2,900.00 1 7,200.00 1 4,500.00 1 4,500.00 1 5,750.00 AGENDA ITEM APR 11 000 Pg,., Date: 02-13-2000 Settlement Seller: 1 Item FIRST COAST AUCTION & REALTY. INC 5562-2 TIMUQUANA RD JACKSONVILLe, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX% 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 33962 941-774-8425 Description Price Qty Page: Total 3 29 30 31 32 33 34 35 36 37 38 39 40 41- 42 43 94 FORD Fl50 4X4 1FTEF14H3RNB17176 WHITE 077284 940041 91 FORD F700 DUMP 1FDNF70J5MVA30525 WHITE 109370 910056 90 FORD F700 CC FB 1FDNF70H9LVA46920 WHITE EXEMPT 910002 94 CHEV C2500 UTILITY 1GCGC24K9RE122935 WHITE 95237 940002 87 FORD 6610 TRACTOR BB18061 YELLOW 4470 HOURS 871831 86 FORD 4610 TRACTOR C755814 YELLOW 6400 HOURS 86368 91 FIAT ALLIS FG-75A MOTORGRADER 80M01098 YELLOW 9000 HOURS 910088 89 GRADALL G3WD EXCAVATOR 0131263 YELLOW 28930 HOURS 900081 93 MINI GIANT N2602 TRACKHOE N2700518 YELLOW 2612 HOURS 390079 91 TAKEUCHI TB25 TRACKHOE 02023 YELLOW 2225 HOURS 910091 94 DIXIE CHOPPE ZTR 940327 96 DIXIE CHOPPE ZTR 6910809 960273 96 DIXIE CHOPPE ZTR 699413 490444 92 TWIN MAX GRADER BLADE C1028 YELLOW 920552 92 TWIN MAX GRADER BLADE 1 7,500.00 1 7,750.00 1 6,400.00 1 6,000.00 1 6,000.00 1 6,000.00 1 25,000.0f 1 8,500.00 1 6,900.00 1 6,400.00 1 1,100.00 1 500.00 1 950.00 1 650.00 1 650.00 Da~: 02-13-2000 Settlement Seller: 1 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX ~ 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 33962 941-774-8425 Description Price Qty Page: Total 44 45 46 47 48 49 5O 5lA 51 52 53 54 55 56 57 58 59 6O 61 6lB 6lA 61C 62A 62 93 BUSH HOG 305R DECK 1200459 940078 93 BUSH HOG 305R DECK 1 1200460 940077 94 BUSH HOG 406RW DECK 1 1200683 940091 COMPLETE WELL POINT 1 861953 KING DISC HARROW 1 K61836 BOX BLADE 1 ALAMO MOWER DECK 1 BENCH SEAT 1 John deere utility vehicle 1 WAREHOUSE STEPLADDER 1 WAREHOUSE STEPLADDER 1 GASBOY FUEL PUMP 1 432661 GASBOY FUEL PUMP Sold with item 54 432660 88 CH &E MUD PUMP 1 CD8654 88902 TORO MOWER 1 390185 930210 91 TORO 220 RIDING MOWER 1 30798-10126 910370 95 JOHN DEERE 725 1 MO54FMX050468 950082 KELLEY B10 BACKHOE 1 ATTACHMENT 940921-014727 TILT UTILITY TRAILER 891816 A~C CHARGING SYSTEMS 5206 910317 EVERCO A~C RECOVERY UNIT 1092A0767 930559 MAC DIAG OSILLOSCOPE 11/91,0587 920334 Wheel weights 90 CHEROKEE 16' TRAILER 19226 910086 1 150.00 1 1 1 1 1 1 275.00 200.00 700.00 100.00 30.00 25.00 25.00 650.00 60.00 60.00 85.00 600.00 35O.00 400.00 600.00 1,900.00 100.00 200.00 375.00 30.00 10.00 1,400.00 Date: 02-13-2000 Settlement Seller: 1 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (~04) 777-8387 AB 150 AU 286 SALES TAX ~ 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 941-774-8425 COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 33962 Description Price Qty Page: Total 63 64 5OO 501 502 503 504 5O5 506 507 508A 508 508B 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 90 U-DUMP TRAILER 1 43ZDG21B4L0000542 900917 94 CHEROKEE 21' TRAILER 1 14050 910086 TRAFFIC CONTROL EQUIP 1 TABLE OF COMPUTERS 1 TABLE OF COMPUTERS 1 TABLE OF COMPUTERS 1 2 MOVIE SCREENS 1 BOX OF RADIOS & CORDS 1 BOX OF MISC FILE BOXES 1 2 LAZY SUSANS 1 t2) CHAIRS 1 MISC OFFICE CHAIRS 1 6) STACKING CHAIRS 1 MISC OFFICE CHAIRS 1 8 OFFICE CHAIRS 1 PRINTER CABINET 1 FILE DRAWERS 1 METAL CABINET 1 4 DRAWER LEGAL FILE 1 4 DR FILE 1 4 DRAWER LEGAL FILE 1 4 DRAWER LEGAL FILE 1 4 DRAWER LEGAL FILE 1 4 DRAWER LEGAL FILE 1 4 DRAWER LEGAL FILE 1 4 DRAWER LEGAL FILE 1 4 DRAWER LEGAL FILE 1 KONICA 3290 COPIER & BASE 1 TABLE OF MONITORS 1 BOX OF MISC 1 BOX OF CORDS 1 2 BOXES OF KEYBOARDS Sold with item 526 EPSON PRINTER Sold with item 526 EPSON PRINTER Sold with item 526 EPSON PRINTER Sold with item 526 EPSON PRINTER Sold with item 526 BOX OF KEYBOARDS 1 BOX OF KEYBOARDS 1 COMPUTER TABLE 1 950.00 500.00 2.50 40.00 140.00 170.00 25.00 60.00 2.50 5.00 50.00 5.00 25.00 30.00 20.00 2.50 27.5~ 2.5C 20.00 12.50 30.00 15.00 15.00 17.50 20.00 15.00 20.00 30.00 45.00 10.00 5.00 10.00 10.00 5.00 Date: 02-13-2000 Settlement Seller: 1 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX # 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 33962 941-774-8425 Page:' Description Price Qty Total 6 535B 535 535A 536A 536 537 538A 538 538B 538C 538D 538F 538E 540 541 542 543 544 545 546 547 548 549 55O 551 552 553 554 556 557 558 559 56O 561 999 CREDENZA COMPUTER TABLE CONTENTS OF TABLE TOP CONTENTS OF TABLE TOP PRINTER STAND DESK HP LASERJET III DESK COMPUTER CART METAL DESK CONTENTS OF TABLE TOP 5 DR FILE CAB. 4 DR FILE CAB TABLE OF MONITORS MONITORS UNDER TABLE TABLE OF MONITORS COMPUTER TABLE 8 GAS CANS FLOOR POLISHER CREDENZA WORK TABLE TABLE OF MISC 2 BOX OF MISC MONITOR STANDS PANASONIC TYPEWRITER IBM SELECTRIC MICROFILM READER HATACHI FAX MACHINE PANASONIC TYPEWRITER LASER JET II PRINTER LASER JET II PRINTER LASER JET III PRINTER APPLE LASER PRINTER APPLE LASER PRINTER RADIO TOWER Commission at 8.000% Items: 1 5.00 1 2.50 1 25.00 1 5.00 1 5.00 1 2.50 1 10.00 1 7.50 1 7.50 1 2.50 1 55.00 1 45.00 1 15.00 1 25.00 1 20.00 1 20.00 1 17.50 1 10.00 1 30.00 1 20.00 1 2.50 1 50.00 1 50.00 1 45.00 1 10.00 1 10.00 1 25.00 Sold with item 553 *** Not sold *** 1 5.00 1 5.00 1 45.00 1 5.00 Sold with item 560 1 250.00 142 Amount: 236,900.00 18,952.00 Less adjustments: Net due to seller: -18,952.00 217,948.00 Date: 02-13-2000 FIRST COAST AUCTION & REALTY. INC 5562-2 TIMUQUANA RD JACKSONVILLe, FL 32238 (904) 772-0110 FAX (~04) 777-8387 AB 150 AU 286 SALES TAX ~ 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 Settlement 941-774-8425 Page: Seller: 1 COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 33962 THANK YOU FOR USING FIRST COAST AUCTION & REALTY, INC. WE APPRECIATE YOUR BUSINESS. IF WE CAN BE ANY FURTHER ASSISTANCE TO YOU OR IF YOU'RE IN NEED OF OUR SERVICES AGAIN, PLEASE DON'T HESITATE TO CALL. SD=~te: 02-13-2000 Settlement Seller: 2 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (~04) 777-8387 AB 150 AU 286 SALES TAX# 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 ED SWOPE COLLIER COUNTY SHERIFF 941-793-9330 NAPLES FL Description Price Qty Page: Total 65 66 67 67A 67B 67C 67D 100 101 102 103 104 105 106 107 108 109 110 94 21' WELLCRAFT & TRAILER WELP76561293 WHITE EXEMPT 93 27' WELLCRAFT SCARAB & TRAILER WELFCA24H394 WHITE EXEMPT 92 25' PARKER & TRAILER PXMLB209F393 WHITE EXEMPT PALLET OF BOAT PROPS 4 QUICKSILVER CONTROLLERS LORAN RECEIVERS GPS SYSTEMS 93 FORD TEMPO 2FAPP36U2PB102808 BLUE 95646 364 92 OLDS 88 1G3HN53L2NH317066 GREY 74805 2OO 93 FORD TEMPO 1FAPP36X2PK152480 TAN 92210 76 93 FORD CROWN VIC 2FACP71W4PX175096 WHITE 99479 344 93 FORD TEMPO 2FAPP36X8NB197897 RED 75956 361 94 FORD Fl50 4X4 1FTEF14Y4RNA96709 WHITE 132950 95 92 MERCURY TOPAZ 1MEPM36UXNK644369 CREAM 38981 163 91 FORD LTD 2FACP74F6MX124643 WHITE 92672 105 93 FORD TEMPO 1FAPP36X6PK149808 BLUE 79909 78 93 FORD CROWN VIC 2FACP71W2PX175100 WHITE 98664 338 96 OLDS CUTLASS 1G3AJ55M2T6328645 WHITE 60785 1663 1 2,500.00 1 6,750.00 1 6,500.00 1 600.00 1 400.00 1 300.00 1 250.00 1 1,100.00 1 2,400.00 1 1,600.00 1 2,100.00 1 1,100.00 1 4,100.00 1 1,400.00 1 1,800.00 1 1,500.00 1 2,450.00 1 3,600.00 Date: 02-13-2000 Settlement Seller: 2 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (~04) 777-8387 AB 150 AU 286 SALES TAX ~ 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 ED SWOPE COLLIER COUNTY SHERIFF 941-793-9330 NAPLES FL Description Price Qty Page: Total 111 112 113 114 115 116 117 118 119 120 121 122 123 124 92 FORD CROWN VIC 2FACP72W1NX245634 WHITE UNKNOWN 291 93 FORD TEMPO 1FAPP36X6PK152546 BLUE 85922 81 90 OLDS 88 1G3HN54C0L1844060 WHITE 101665 158 93 FORD TEMPO 1FAPP36X3PK152570 BLUE 99735 79 93 FORD CROWN VIC 2FACP71W3PX175090 WHITE 131911 343 90 CHEV CAPRICE 1G1BL5473LA135792 WHITE 82125 1042 93 FORD CROWN VIC 2FACP71W2PX192575 WHITE 122791 359 92 FORD CROWN VIC 2FACP72W3NX245635 WHITE 101126 288 92 FORD CROWN VIC 2FACP72W5NX200910 WHITE 124692 232 92 FORD CROWN VIC 2FACP72W4NX200879 WHITE 115396 223 95 FORD CROWN VIC 2FALP71WXSX152057 WHITE 56967 588 91 FORD CROWN VIC 2FACPM2G3MX177117 WHITE 80452 110 94 FORD CROWN VIC 2FALP71W3RX177331 WHITE 106619 479 94 FORD RANGER 1FTCR10AXRPC13463 WHITE 98477 491 1 1,900.00 1 1,100.00 1 1,200.00 1 1,300.00 1 2,250.00 1 1,300.00 1 2,000.0 1 1,800.00 1 1,550.00 1 1,600.00 1 5,300.00 1 600.00 1 2,000.00 1 3,300.00 APR 1 I 2000 Da~: 02-13-2000 Settlement Seller: 2 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX# 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 ED SWOPE COLLIER COUNTY SHERIFF 941-793-9330 NAPLES FL Description Price Qty Page: Total 125 126 127 128 129 130 131 132 133 134 135 136 137 138 94 FORD RANGER 1FTCR10A4RTA65589 WHITE 98427 483 91 FORD CROWN VIC 2FACP72G9MX177137 WHITE 73835 122 91 FORD CROWN VIC 2FACP72G5MX177149 WHITE 82468 126 93 FORD CROWN VIC 2FACP71W8PX175103 WHITE 105324 337 92 FORD CROWN VIC 2FACP72W9NX245638 WHITE 138095 286 94 FORD TEMPO 2FAPP36X6PB135949 GOLD 60352 85 92 FORD CROWN VIC 2FACP72WONX200913 WHITE 139687 235 89 FORD CROWN VIC 2FABP72F9KX228670 WHITE 110148 971 94 FORD TEMPO 2FAPP36X4RBl14424 SILVER 77215 488 93 FORD TEMPO 2FAPP36X8PB133409 GREY 75026 83 89 FORD CROWN VIC 2FABP72F1KX144374 WHITE 62802 90O 94 FORD CROWN VIC 2FALP71W8RX177324 WHITE 125418 449 94 FORD RANGER 1FTCR10A8RUB98401 WHITE 95488 9O 94 FORD RANGER 1FTCR10A6RUB98400 WHITE 97061 94 1 3,250.00 1 1,000.00 1 750.00 1 2,200.00 1 1,000.00 1 1,300.00 1 1,100.00 1 1,100.00 1 1,850.00 1 2,000.00 1 1,300.00 1 2,550.00 1 3,200.00 1 3,150.00 Date: 02-13-2000 Settlement Seller: 2 Item FIRST COAST AUCTION & REALTY. INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX # 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 ED SWOPE COLLIER COUNTY SHERIFF 941-793-9330 NAPLES FL Description Price Qty Page: Total 139 140 141 142 143 144 145 146 147 148 149 150 151 152 92 FORD CROWN VIC 2FACP72W2NX200881 WHITE 101294 227 93 FORD CROWN VIC 2FACP71WOPX175094 WHITE 128456 345 96 MERCURY SABLE 1MELM50U5TA644897 GREEN 93254 726 95 FORD TAURUS 1FALP5241SA216724 WHITE 80026 517 95 FORD TAURUS 1FALP5246SA216735 WHITE 74238 526 93 FORD TEMPO 1FAPP36XlPK149084 BLUE 76393 8O 93 FORD TEMPO 2FAPP36X8PBl15198 WHITE 59341 82 93 FORD CROWN VIC 2FACP71W7PX192569 WHITE 103629 353 95 FORD CROWN VIC 2FALP71WXSX135436 WHITE 112463 94 FORD CROWN VIC 2FALP71W7RX197256 WHITE 116979 494 93 FORD CROWN VIC 2FACP71WOPX192574 WHITE 102556 358 93 FORD CROWN VIC 2FACP71W5PX175091 WHITE 116756 346 92 FORD CROWN VIC 2FACP72W8NX200884 WHITE 111225 259' 92 FORD CROWN VIC 2FACP72W8NX200903 WHITE 110199 250 1 1,700.00 1 1,700.00 1 4,500.00 1 1,500.00 1 1,700.00 1 2,100.00 1 1,550.0( 1 2,300.00 1 4,700.00 1 3,100.00 1 2,500.00 1 2,200.00 1 1,500.00 1 1,800.00 D~.~: 02-13-2000 Settlement Seller: 2 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 AB 286 SALES TAX # 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 ED SWOPE COLLIER COUNTY SHERIFF 941-793-9330 NAPLES FL Description Price Qty Page: Total 5 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 93 FORD TEMPO 2FAPP36XOPB124607 RED 61534 84 95 FORD TAURUS 1FALP5247SA216730 WHITE 101142 519 92 FORD CROWN VIC 2FACP72W8NX245646 BLACK 130893 272 93 FORD TEMPO 2FAPP36X9PB133404 RED 55360 75 88 CHEV VAN 1GAGG35K7J7162604 WHITE 69737 843 92 FORD CROWN VIC 2FACP72W2NX200900 WHITE 107355 230 92 FORD CROWN VIC 2FACP72W7NX215537 WHITE UNKNOWN 206 93 FORD CROWN VIC 2FACP71W3PX191922 WHITE 106543 373 91 FORD VAN 1FBJS31H7MHA41810 WHITE 64945 150 94 FORD EXPLORER 1FMCU24XXRUD59104 WHITE 119864 491 92 FORD CROWN VIC 2FACP72W4NX200901 WHITE 121231 94 FORD CROWN VIC 2FALP71WXRX177342 WHITE 115373 463 95 FORD TAURUS 1FALP5243SA216725 WHITE 78056 516 94 FORD CROWN VIC 2FALP71WXRX177325 WHITE 85347 450 93 FORD CROWN VIC 2FACP71W5PX192568 WHITE 142405 352 1 1,400.00 1 1,600.00 1 2,800.00 1 1,600.00 1 4,000.00 1 1,750.00 1 1,900.00 1 2,500.00 1 4,100.00 1 4,700.00 1 600.00 1 1,600.00 1 2,400.00 1 2,500.00 1 1,600.00 APR 11 2000 Date: 02-13-2000 Settlement Seller: 2 Item FIRST COAST AUCTION & REALTY. INC 5562-2 TIMUQUANA RD JACKSONVILLe, FL 32238 (904) 772-0110 FAX (~04) 777-8387 AB 150 AU 286 SALES TAX ~ 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 ED SWOPE COLLIER COUNTY SHERIFF 941-793-9330 NAPLES FL Description Price Qty Page: Total 168 169 170 171 172 173 174 175 176 177 178 179 180 181 95 FORD TAURUS 1FALP5240SA216729 WHITE 80247 522 92 TOYOTA 4X4 JT4VN13D8N5096918 WHITE 108682 204 93 FORD CROWN VIC 2FACP71W2PX175095 WHITE 128161 336 93 FORD CROWN VIC 2FACP71W8PX175098 WHITE 126849 340 92 FORD CROWN VIC 2FACP72W8NX200920 WHITE 101177 220 90 FORD AEROSTAR 1FMCAllUSLZA12765 WHITE 75814 303 93 FORD CROWN VIC 2FACP71W6PX175102 WHITE 114197 348 93 FORD CROWN VIC 2FACP71W5PX191923 WHITE 102848 374 93 FORD CROWN VIC 2FACP71WXPX175099 WHITE 105946 339 93 FORD CROWN VIC 2FACP71W3PX154594 WHITE 108398 371 93 FORD CROWN VIC 2FACP71WOPX184037 WHITE 124070 366 88 FORD CROWN VIC 2FABP72F5JX171866 WHITE 94503 834 92 FORD CROWN VIC 2FACP74W7NX131263 WHITE 122303 94 FORD CROWN VIC 2FALP71W1RX189573 WHITE 106700 407 1 2,000.00 1 4,600.00 1 1,500.00 1 1,800.00 1 1,400.00 1 3,200.00 1 2,000.0( 1 2,500.00 1 2,400.00 1 1,700.00 1 1,500.00 1 1,500.00 1 1,500.00 1 2,300.00 02-13-2000 Settlement Seller: 2 Item FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX # 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 ED SWOPE 941-793-9330 COLLIER COUNTY SHERIFF NAPLES FL Description Price Qty Page: Total 7 182 183 184 185 186 187 188 539 562 563 564 565 566 567 568 569 570 571 572 573 574 575' 576 577 578 579 580 95 FORD TAURUS 1FALP5244SA216734 WHITE 103337 523 93 FORD CROWN VIC 2FACP71W4PX175101 WHITE 102875 341 95 FORD CROWN VIC 2FALP71WOSX152052 WHITE 100378 566 92 FORD CROWN VIC 2FACP72WONX200894 WHITE 106108 238 92 FORD CROWN VIC 2FACP72W2NX200914 WHITE 113840 262 86 BUICK SKYLARK 1G4NM69UOGM231207 WHITE UNKNOWN 94 FORD CROWN VIC 2FALP71W2RX177352 WHITE 100356 473 BELL & HOWELL SCANDEX 200 TABLE OF MONITORS TABLE OF MONITORS COMPUTER ALPHA SERVER NCR LAPTOP COMPUTER OKIDATA PRINTER OKIDATA PRINTER OKIDATA PRINTER OKIDATA PRINTER OKIDATA PRINTER 386 PC & MONITOR TABLE OF MONITORS TABLE OF MONITORS TABLE OF MONITORS AUTO CONSOLES MERLIN PHONE SYSTEM AIRCRAFT RADIOS AIRCRAFT RADIOS AIRCRAFT RADIOS AIRCRAFT RADIOS 1 1,200.00 1 2,000.00 1 4,000.00 1 800.00 1 700.00 1 200.00 1 1,400.00 1 2.50 1 170.00 1 85.00 1 30.00 1 30.00 1 20.00 1 15.00 1 20.00 1 15.00 1 20.00 1 130.00 1 2.50 1 2.50 1 2.50 1 5.00 1 325.00 1 325.00 1 325.00 1 350.00 1 275.00 APR 11 2000 Date: 02-13-2000 Settlement Seller: 2 FIRST COAST AUCTION & REALTY, INC 5562-2 TIMUQUANA RD JACKSONVILLE, FL 32238 (904) 772-0110 FAX (904) 777-8387 AB 150 AU 286 SALES TAX~ 26-08-094311-40 COLLIER COUNTY SURPLUS 2-19-00 ED SWOPE COLLIER COUNTY SHERIFF 941-793-9330 NAPLES FL Page: Item Description Price Qty Total 8 581 CANON AE-1 CAMERA, BAG, 1 160.00 LENSES 582 CANON AE-1 CAMERA, BAG, 1 185.00 LENSES 583 750 MM CELESTRON LENS 1 270.00 584 TAMRON LENSES 1 600.00 585 SECO OPTIC 1200 MM LENS 1 750.00 Items: 121 Amount: 205,615.00 16,449.20 Less adjustments: Net due to seller: Commission at 8.000% -16,449.20 189,165.80 THANK YOU FOR USING FIRST COAST AUCTION & REALTY, INC. WE APPRECIATE YOUR BUSINESS. IF WE CAN BE ANY FURTHER ASSISTANCE TO YOU OR IF YOU'RE IN NEED OUR SERVICES AGAIN, PLEASE DON'T HESITATE TO CALL. APPROVAL OF BUDGET AMENDMENTS BCC Agenda of April 11, 2000 Operating Expenses Other Contractual Services Regular Salaries Total: Explanation: Information Technology (Fund 001) Budget Amendment #00-181 $3,000 (3,0O0) Funds are needed to pay for contractual services due to vacancies in the department. Court Administration (Fund 681) Budget Amendment #00-182 Operatino_ Expenses Attorney Fees $40,000 Appearance Fee (40,000) Total: -0- Explanation: Funds are needed to pa)' for fees and costs associated with indigent defendants. These costs incur due lo the judiciary appointing a private attorney to represent them when the Public Delknder has a conflict and/or when the Judge allows a defendant to be declared indigent lbr costs. Road and Bridge (Fund 101) Budget Amendment #00-186 Operating E~penses $4,000 Reserves Reserves for Contingencies (4,000; Total: -0- Explanation: Funds are needed, per BCC direction, for the 90-120 day rental of 2 Variable Message Boards for the Livingston Road/Immokalee Road Project. AGENDA ITEM No. / ~ ~ ~ ') ,.i APR t 1 2000 pg. / General Fund -State Attorney's Office (Fund 001) Budget Amendment #00.185 Operatinz Expenses Reserves Reserve for Contingencies Total: Explanation: $5,858 (5,858) Funds are needed to pay costs being incurred for the 7th floor expansion project. Right-of-Way Administration Regular Salaries Water Management Field Operations Regular Salaries Total: Pelican Bay MSTUBU (Fund 109) Budget Amendment #00.107 S22,500 -0- Explanation: Funds were inadvertently posted to the wrong cost center ~n the financial system. will place funds in the appropriate cost center. This AGENDAITI~M No. /6 ~ c / ) APR Pg... EXECUTIVE SUMMARY OPTIONS REGARDING THE LOCATION OF A HOLOCAUST MUSEUM. Objective: Museum. That the Board of County, Commissioners consider options to house a Holocaust Consideration:The Board directed staff to identify potential locations and opportunities for a local holocaust museum. Staff reviewed several locations both on campus and off campus. Listed below are several options for the Board's consideration. Public Co,ninon area located on the sixth floor of the courthouse building (option #1) - The benefits of this location are that it is open to the public when the courthouse is open, and it fulfills the 2,000 square foot request. The challenge with this option is that there is no means to monitor the museum items, the environment is not museum-like. Should this option be selected, staff would recommend a surveillance camera monitoring system at an estimated cost of $9,500. First Floor of the Health Building (option #2} - This location fulfills the requested size requirements; however, located on the first floor, it would be an even greater challenge than option # 1 to safeguard the items against damage and theft. Should this option be selected, staff would recommend a surveillance camera monitoring system at an estimated cost of $9,500. Communi _ty Center / Communiw Park Locations (option #3) - Staff reviewed all parks and recreation locations to determine if there was any appropriate opportunities. Although many sites meet the physical qualifications for this museum, these locations are already committed to many community activities ranging from summer camp activities to senior citizen programming. The Board would have to relocate or terminate these programs that are already booked for the next six months. The old fitness room at the Golden Gate Community Park that was eluded to in the Board's previous discussion, has undergone a renovation and is now a combination of filing space, additional offices and a popular aerobics / yoga class. Refurbish a Portable Unit and Place it at Designated School Site (Option #4) - With the School Board, staff determined that utilizing existing interlocal agreements the County could either purchase a portable unit that is already located at a school site, or the Count>' could refurbish a portable unit that is in its inventory currently and place it at a designated school site. A portable unit would allow Mr. Bell to control the availability and security of the museum. Additionally, the .majority of costs incurred would be upfront; therefore, Mr. Bell could potentially keep it as a location for an indefinite period of time with little continuing expense to the County. Staff estimates it would cost approximately $18,000 to move and refurbish a portable unit. However after the exhibit were relocated the portable would be available for use as a construction office or other transitional uses. One of the challenges with finding a location is the length of commitment. During the public petition process, Dave Bell requested a site for approximately two years in anticipation that a diversity museum is being constructed at the City of Naples' River Park. However, the City has yet to approve this project, and as a result, approval of this item may require a much greater time commitment than two years. ~ AGE!NDA ITflZ¥ Another advantage with this option is that fact that it promotes intergovernmental cooperation between the agencies and it keeps the program closer to the schools as an education instrument while adding the benefit of limited public access (which the school alone cannot grant by statute). One of the concerns with placing a portable unit on the main campus near the County museum is the fact there would have to be significant retrofitting to add it to an area that is not designed for it. Many school sites are already prepared for portable buildings in anticipation of growth. Therefore, there is potentially an added cost saving. The one drawback is the fact that the portable unit is not the 2,000 sq. ft. as requested. Although this is not an option with respect to determining a County owned location, staff also contacted other museums within South Florida to determine if there was any interest in combining the items in an effort that greater populations could enjoy a more diverse collection. The Holocaust Museum of St. Petersburg expressed interest in the artifacts and photographic impressions and would be willing to work with the owner's of the artifacts. Gross, th Management: The addition of a museum site is not currently adopted within the growth management plan. Fiscal Impact: Options #1 and #2 would cost approximately $9,500 for the installation of a security system. There would be lost revenue from option #3 depending upon the room selected. Option #4 would cost approximately $18,000. Funds are available in general fund reserves. Recommendation: That the Board of County Commissioners negotiate with the School Board to renovate and place a portable mobile building at a designated school location and that the Board authorize the necessary budget amendment to fund this option. Prepared By: "~;~_~ ~ ~&~ ._ Date: fi John Dunnuck~ Assistant to the CounD' Manager Office of the CounD~ Manager Reviewed And Approved By:. Date: Thomas W. Olliff, Count): Manager Office of the County Manager AGENDA ITEM No. AKK EXECUTIVE SUMMARY FUNDING OPTIONS REGARDING THE EVERGLADES RESTUDY. Objective: That the Board of County Commissioners determine which of the proposed funding plans for the Everglades Ecosystem Funding Resolution, if any will be supported by Collier Count),. Consideration:The forty-eight million dollar share of the current South Florida Water Management District budget that was identified by the Governing Board to fund the Everglades Restudy will have limited impact on Collier Count5'. Collier Count)' is the only county that has its own dedicated funding source (Big Cypress) of the sixteen counties that make up the District. As a result, the Big Cypress Basin already supports the programs and services that are designated to be cut through this proposal. The only impact these cuts may have are towards future water recovery system grant applications. It would not impact the current award of the ASR Recover3,' Grant program however. If the State opted to increase documentary stamp taxes~ to fund the whole $100 million local share as proposed in the Palm Beach resolution, then Collier Count)' would be impacted more than if the SFWMD partially funded the program. Based on staff calculations, Collier County represents the highest Documentary Stamps per capita in the District. Collier County collects approximately 7% of the stamp taxes within the District while representing only 2.9% of the population. If the State raised stamp taxes by 5%, Collier Counts' would represent an additional $2.3 million dollar revenue. Senate Bill 1694 proposed by Senator Saunders does require a matching portion of SFWMD funding by the local sponsor (Counties); however, for the reasons stated above, Collier Count)' already has a funding mechanism in place and therefore, support of this legislation is being recommended. Growth Management: None Fiscal Impact: There would be no fiscal impact to the Count), budget. Cuts to the South Florida Water Management District would have limited service impacts to Collier County, as the local Big Cypress Basin already funds these programs. However, an increase in the documentary stamp tax of 5% would raise approximately $2.4 million in revenue from Collier Count5'. 'Recommendation: That the Board of County Commissioners authorize the Chairman to send a letter to the local delegation in support of Senate Bill 1694. ~ohn Dunnuck, Assistant to the Count3' Manager Date: ~/fi'/~.. Reviewed And Approved By: Thomas W. Olliff, Count3' Manager Taxes assessed on real estate transactions. Date: EXECUTIVE SUMMARY RECOMMENDATION RELATING TO PUBLIC SERVICES EMERGENCY SERVICES ADMINISTRATOR POSITIONS. AND Objective: That the Board of County Commissioners accept the recommendation of Leo Ochs, Jr. for the Public Services Administrator position, and that the Board accept the recommendation of Thomas Storrar for the Emergency Services Administrator position. Consideration: Ordinance 93-72 as amended, requires that the Board confirm the County Manager's appointments of division administrators. Leo Ochs, Jr., the current Support Services Administrator, has been recommended for the Public Services Administrator to begin May 1, 2000. This position supervises the following operations: parks and recreation, libraries, museum, social services, senior services, and veteran services, and it act as a liaison role with the Health Department and Medical Examiner's Office. Mr. Ochs has been with the County lbr the past fourteen (14) years, almost all of which as a division administrator. Tom Storrar has been recommended as the Emergency Services Administrator. The Emergency Services Administrator supervises the operations of the Emergency Medical Services (EMS), the Chokoloskee and Isle of Capri Fire Districts, and the Emergency Management Department. The starting date is being negotiated at the time of this executive summary. Growth Management: None Fiscal Impact: Funds are budgeted and available for both positions in the general fund. Recommendation: That the Board approve both recommendations. Prepared By: Date: John Dunnuck, Assistant to the County Manager Reviewed And Approved By-~ .... ~f'~¥~--~._~_--7~- .. ~2~)'_w - Thomas W. Olliff, Cou~Manager Date: A6E'NDA ' ' No, APR 11 ./ RESUME Ochs. Leo E., Jr. 9139 The Lane Naples, Florida 34109 Telephone: (941) 513-2024. residencm (941) 774-8464, business PERSONAL DATA EDUCATION 1985 1977 OTHER EDUCATION PROFESSIONAL EXPERIENCE PRESENT OCTOBER. 1995 Born 12-08-54 Married. three childreu Exccllcnt heallh M,P,A.. Northern Illinois Uuiversilv. DeKalb, Illinois Completed dcgrcc requirements whilc working flfil time in city government umnagemcut position. B.A. (Goverument & Political Science). Illinois Benedicline College, Lisle. Illinois Continuing educaliou includes formal Iraining and course work in Total Quality managcment, as u'ell as completion of the Supen, isoD Series of the Florida Certified Public Mauager Program offered by Florida Stale Uuiversit)'. Additional continuing cducation credits include completed course work in risk management at thc Insurauce Institute of Ainerica, as well as completion of several professional seminars and workshops focusing on public sector employment laxv. customer service excellence and effective management skills development. Support Sen'ices Adminislrator. Collier County, FL. (pop. 209.000) Administrator ora highly diverse operating dMsion for a fifll sen'ice count', govermnent xvidl a work force m excess of 2,200 employees. Responsible for managemenl of adminislralive support and emergency medical, rescue and disaster prepareducss sen'ices. Major operating units include Emergency Sen'ices. Facilities Managemcnl. Human Resources, I~ormafion Technolo~'. Purchasing, Real Estate Sen4ces, Revenue Sen, ices and ~sk Management. The Support Sen,ices Divisim~ is staffed by 270 full time employees. The FY 97 operating budgel is approximately $39 million including internal se~ice funds supporting County-wide insurance programs, fleet management, i~ormaliou techuology, aud revenue se~'ices. Pg. ¢ SEPTEMBER. 1995 JULY. 1986 JUNE. 1986 JANUARY. 1983 Administralive Sen'ices Administrator. Collier Count~', FL. (pop. 168.000) Administrator of a dynamic ,nanagcmcnt and technical support sen'ices division for a full sen'ice county with a work force in excess of 1900 employees. Responsible for management of personnel, employee benefits, insurance and loss prevention, purchasing, facilities repair and maintenance, motorized equiplncnt repair, real estate sen'ices, automated infommtion systems, and public information sen'ices. Significant mauagcmeut accomplishments included development and implementatiou of a financially self-supporting, distributed office aulomalion and desktop publishing system sc~'ing more than 300 subscribers, development and implementation of a progressive, performance based compensation. classification and performance management system, implemcntatiou and aggressive managcmcm of a sclf-fimdcd group medical benefils program that reduced cosl by approximately One Million Dollars in three years and restructuring lhc Counly's flcct procurement and utilizatiou policies, as well as ils repair and mainlcuancc opcralions rcsulling in cost reductions of $500.000. Additional accomplishments includcd privatization of the annual su¢lus property auction and thc light vehicle prevemivc maintenance program. implementation of comprchcnsive pcrsolmcl and purchasing policies. implemcnlation of an cncrg)managcmcm system, development of a recumng supcn'isoD' and cuslomcr rclalions traiuing series, implementation of an IRS Seclion 125 cafeteria bcncfils plan. implementation of five quality- improvement Icarus. and thc complclion of a series of join-venture purchase agreements xxilh other local govcrnlucnls. Human Resources Director. Joliet. Illinois. (pop. 78.000) Administrator of a major supporl sen'ices department for a full-sen'ice municipality xvilh a work force in excess of 600 elnployees. Responsible for labor rclalions, personnel, payroll, risk management, physical plaut operations and mainlenancc, graphic reproduction and art work. and public relations and informalion sen'iccs. Significant management accomplishments included computerizalion of lhe Cilv'S payroll svslcm, successful labor contract negotiations with Ibc Cilv's six cmplo.xee unions and implementation of a new compensation and performance exaluation system for nlanagement e~nployees. Additional accoluplishments included revision of the Cilx"s position classification sx stem. introduction of computer and word processing applicalions to dcpartlncmal opcralions and formation of a labor management conll~itlee designed to slt~d'~' health care cost containment ~neasures. AG ENDA~T. EM --. Pg. -.~ DECEMBER, 1982 NOVEMBER, 1981 OCTOBER. 1981 OCTOBER, 1980 Risk Management Director, Joliet, Illinois. Appointed to direct a newly created division responsible for all prcnfium-based and self-funded property, casualty. workers' compensation and {reemployment compensation insurance prograins. Addilional duties included administration of the City's group hospitalization. dental and disability beucfi! program and development of a comprehensive loss prevention program. Significant ~nanagement acco~nplishments included consolidation of individual property insurance policies under one blanket policy resulting ill improved coverage, and a $35,000 premium reduction, developlnent of the City's first comprehensive general liabiliW insurance program and conversion Io sclf-funding workers' compensation and unemploynlent compensation losses. Community Affairs Administrator, Joliel, Illinois. Promoted 1o direct and consolidale previously scgregalcd support sen'ices. Responsibilities included grants adminislralion, public rclalions program development, special events programming, and priming and graphics sen'ices. Significant accomplishments included dcvclopment of a inulti-service citi×cn snrvey questionnaire, a comprehensive analysis of the City's cable lelevision franchise agrccmcnl, publication of the City's Annual Report and implementation ora user cost allocation and job order system in the cop3' center. SEPTEMBER. 1980 AUGUST. 1979 BACKGROUND SUMMARY PROFESSIONAL AFFILIATIONS REFERENCES Assistant to the City Manager. Joliet. Illinois. Enlr~, level staffposition reporling directly to thc Dcput.', Cily Manager. Responsibililies included capital improxTe~ne~l planning, budgel rex'iexv and development, and elnployec incentive programs. Additional responsibilities included processing citizen service requcsls and comp]ainls, and providiug written monllll)' reports to lhe Cit.',' Managcr indicating thc disposilion of lhesc requests. Work experience includes scvcral management and admiuistrative positions in nnmicipal and COuBIy government each w/th increasingly greater responsibility and salaD', Successful record of leadership, problem resolution, program planning and financial accouutability, performance ~nanagemenl. staff developmcnl, and administrative abilit> has been established Proven ability to deal cffcctively u'ith public officials, advisor).' boards, the media, the citizenry. professional colleagues, and cmployees on a professional and productive basis. International Cily Managcmcnl Association Florida City/County Management Association International Personnel Management Association Natioual Public Emplo>cr Labor Relatious Association Public Risk and Insurance Managemcnl Association Florida Public Personnel Association Mr. W. Nell Dorrill. President. Maricopa Hardy Development Company, Naples. Fl 941/592-'7344 Mr. John M. Mezcra, Cit3 Manager, City of Joliet, Joliel, Illinois 815/740-2211 Mr. Charles M. Zusag. Assislant Cit.,,' Manager. CiD' of Newark. Newark. Delaxvare 3{)2/366-7{)26 d Thomas Storrar 6081 14iff Ave. NW. NapJes, FL 34119 Phone: 941-514-4~28 Fax: 94%514-4029 E'ma~l: Summary of Q. alificatioas Education Professional Experience 1972 - Present Collier County Sheriff's Office Naples, FL Cerl~ed Law Enforcement Officer · Ability to conduct all types of investigations. Work as liaison with all types of law enforcement agencies, Through understanding of the criminal justice system at a local and federal tevel. Cdme prevention measures to include conducting security surveys and protection seminars. Certified Emergency Manager · Certified by International Association Of Emergency Managers in 1998 1989 - 1990 Barry University Bachelor of Professional Studies · Areas of concentration are Cnminal Justice and Business Miami, FL 1973 - 1977 Edison Community College Naples, FL Associates of Arts · Degree awarded in Criminal Justice. Graduated Phi Theta Kappa. 1984 FBI National Academy Quantico, Virginia Graduation Certificate · Areas of study were advanced law enforcement. 1972 - 1972 SW FL Criminal Justice Academy Ft. Myers, FL State Certified Law Enforcement Officer · Basic Police Academy 1972 - Present Southwest Florida Police Academy Ft. Myers, FL Advanced Law Enforcement Training · Over three thousand hours in advanced law enforcement training and emergency management t991 - Present Collier County Sheriff's Office Naples, Florida Captain, Community Services Division · Provide Leadership for the Bureaus of Training, Public Information, Public Relations, Youth Relations, Crime Prevention, Fleet, Cdme inteltigence, Emergency Management, and Forfeitures. Design and implement training programs for all certified and civilian members; wr~te policy and procedures for areas such as community relatk. information, emergency management and training; responsible for allocation resources in excess of 5 million dollars. Currently responsible for Trainil Information, Public Relations, and Emergency Management. af EN , g, PUblI~: Pg 1981-1991 Collier County Sheriff's Office Naples, FL Lieutenant, Supervisor Vice, Intelligence, Narcotics Unit · Functioned as a Lieutenant in two major areas: Vice, Narcotics, and Intelligence and Training: functioned as a DEA Task Force Supervisor investigating large scaJe international smuggling and distribution cartels. Participated in a variety of undercover investigations including international narcotics traffickers: responsible for the systematic development and implementation, evaluation and administration of law enforcement education and training programs for all agency personneJ, especially for ~aw enforcement officers and corrections officers. 1'977 - 1981 Collier County Sheriff's Office Naples, FL Sergeant, Supewisor Vice, Intelligence and Narcotics Unit · Functioned as the Unit supervisor as well as an or~ljr~ investigator, which was generally in an undercover capacity: supervised seven criminal investigators assigned to the unit: designed, imp)emented, and conducted inspections of all fiJes generated in the Wce, Intelligence, and Narcotics Unit: supervised all enforcement actlvitJes of the Unit: coordinated federal, state, and local enforcement operations in Collier County as the related to organized ~me investigations to include; narcotics, gambling, pornography, and prostitution: assisted in writing the Vice, Intelligence and Narcotics Unit Policy and Procedure Manual and updating on -going policies and procedures. 1974 - 1977 Collier County Sheriff's Office Naples, FL Investigator Corporal · Assigned to Cdminal Investigation Division as Criminal Investigator, Responsible for investigating all types of major crimes such as; robberies, larcenies sexual batteries, homicides, white collar crimes, and fraud investigations. Required to prepare detailed case reports; prepare prosec~ion outlines for submission to prosecutors; prepare and serve search warrants and arrest warrants; testify in court during ail phases of orimina~ prosecution. Work joint investigations with federal, state, and local major Criminal investigations. 1972 - t974 Collier County Sheriff's Office Naples, FL Deputy Sheriff · Assigned a Patrol Deputy to Uniform Patrol Division. Responsible for patrolling all areas of Collier County; respond to calls for service requiring a law enforcement officer; conducted preliminary investigations of cdminal violations; made arrests when appropriate; serve criminal and cJvil process; investigated traffic accidents. Assigned to K-9 detail during last year of assignment in Uniform Patrol Division. AGEN .DA3ZEM,. No, ~f¢ ~' CH_> Additional Professional ~ties Professional Memberships Leadership Collier Alumni Class of 1994 EDC Disaster Recovery Task Force EDC Rapid Response Team EDC Public Safety Committee Collier County Emergency Management Task Force Region 10 Cnminal Justice Standards and Training Commission Advisory Board Speaker at Governor's Hurricane Conference 1998 Speaker at National Hurricane Conference 1999 Chair of Law Enforcement Session for the National Hurricane Conference 2000 Member of Flodda Sheriffs Association Task Force Command Advisory Team Emergency Management (1997- present) References upon request FBI National Academy Associates American Society of Law Enforcement Trainers International Association of Emergency Managers Past member of Foundation for a Drug Free Generation Past member of Kiwanis Club of Naples Tamiami Trail Masonic Lodge, Past Master A G E Np~ ,~_.fv~.¢¢,,,~ No. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE APRIL 11, 2000 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96-97-CJA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. March 9- 15, 2000 B. March 16 - 22, 2000 C. March 23 - 29, 2000 4. Districts: Golden Gate Fire Control & Rescue District - Annual Financial Report (9/30/99); Audit for Fiscal Year 1998-1999; and Management Letter fi.om Wentzel, Berry, Wentzel & Phillips, P.A., (12/10/99) Bo Fiddler's Creek Community Development District - Minutes of meeting held by the Board of Supervisors (11/24/99) Minutes: mo Immokalee Beautification Advisory Committee - Agenda for March 15, 2000 and minutes of February 16, 2000 meeting B. Historical/Archaeological Preservation Board - Agenda for March 17, 2000 Lely Golf Estates Beautification Advisory Committee - Agenda for March 10, 2000 and minutes of February 11, 2000 meeting Do Rural Fringe Assessment Area Oversight Committee - Agenda for March 8, 2000 and minutes of February 23, 2000 meeting E. Library Advisory Board - Minutes of January 26, 2000 meeting City/County Beach Renoufishment Advisory Committee - Agenda for March 2, H:Data/Format 2000 meeting NO. APi't 1 1 2000 Ho Ochopee Fire Control District Advisory Board - Minutes of February 7, 2000 meeting Emergency Medical Services Advisory Council - Agenda for March 29, 2000 meeting H:Data]Format APR 1i 2~,3 EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE AN EXTENSION OF THE DUE DATE FOR THE SHERIFF'S OFFICE BUDGET SUBMISSION FOR FISCAL YEAR 2001 UNTIL JL.~E 1, 2000. OBJECTIVE: To obtain authorization to change the due date of the Sheriff's Office budget submission for fiscal year 2001 until June 1, 2000. Florida Statute 30.49(9) allows for a June 1 submission. CONSIDERATIONS: The BCC contracted with Arthur Andersen to complete a comprehensive pay plan study which will be presented to the BCC on April 11, 2000. The results of this study are expected to significantly impact the Sheriff's Office budget. A May 1 deadline does not allow staff time to complete the salary calculations for a May 1 budget submission. An extension to June 1 is being requested, FISCAL IMPACT: None GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the extension of the deadline for the Sheriff's Office fiscal )'ear 2001 budget submission to June 1, 2000. REQUESTED BY: REVIEWED BY: APPROVED BY: DATE: Je... y~rs, Budget A}nalyst Dir. Cr.ystal K. Kinzel,, Finance Division Don H~ter, Sheriff March 28, 2~ 5.2exsum'.,exbudget.exg\dv AGENDA~TEM No._lo' Pg, EXECUTIVE SUMMARY Recommendation to approve a Legal Services Agreement with Fixel & Maguire as legal counsel to represent county relating to county's property acquisition interests including eminent domain proceedings, for the Livingston Road Improvement Project from Golden Gate Parkway to Immokalee Road (Project Nos. 60071; 62071; and 62061). OBJECTIVE: That the Board of County Commissioners approve the attached Legal Services Agreement with the law firm of Fixel & Maguire as legal counsel to represent county relating to county's property acquisition interests, including eminent domain proceedings for the Livingston Road Improvement Project (Project Nos. 60071; 62071; and 62061) from Golden Gate Parkway to Immokalee Road. CONSIDERATIONS: On March 14, 2000, the Board of County Commissioners adopted Resolution No.00-78, authorizing the acquisition of property interests by gift, purchase or condemnation for the six-laning of Livingston Road from Golden Gate Parkway to Pine Ridge Road. Additional Resolutions will be adopted by the Board of County Commissioners for the remaining road segments. The Public Works Engineering Department has a need to expedite right-of-way acquisition activities to meet the County's transportation needs. The use of outside counsel will better ensure that the construction schedule is not delayed. Attorney Joe Fixel and the firm of Fixel & Maguire have been counsel for Collier County on many capital improvement projects over the past several years. County Attorney staff will be utilized with the firm to reduce costs. The County Attorney has reviewed this approach/selection with professional staff, and has also received the support and concurrence from both the Public Works Administrator and the Public Works Engineering Director. FISCAL IMPACT: Requested periodic legal services, as may be authorized by the County Attorney, will be compensated unto Fixel APR 11 2000 & Macguire at a discounted rate of $235.00 per hour for all trial work and $200.00 per hour for non-trial work. Additionally, the firm shall be compensated at a rate of $60.00 per hour for paralegal services. Funding is available for Livingston Road legal services under the project account as follows: Livingston Road~ Golden Gate Parkway to Pine Ridge Road Fund: 313 - Gas Taxes Cost Center: 163673 - Surplus Gas Tax Road Construction Project No.: 60071 - Livingston Road - Golden Gate Parkway to Pine Ridge Road Livingston Road: Pine Ridge Road to Vanderbilt Beach Road Fund: 331 - Road Impact Fees (District 1) Cost Center: 163650 - Road Impact Construction Project No.: 62071 - Livingston Road - Pine Ridge Road to Vanderbilt Beach Road Livingston Road: Vanderbilt Beach Road to Immokalee Road Fund: 313 - Gas Taxes Cost Center: 163673 - Surplus Gas Tax Road Construction Project No.: 62061 - Livingston Road - Vanderbilt Beach Road to Immokalee Road GROWTH MANAGEMENT IMPACT: Livingston Road is a Capital Improvement Element of the Collier County transportation plan, and as such, the recommendations herein are consistent with the County's Growth Management Plan. (CIE No. 52, 57 and 58) RECOMMENDATION: That the Board approve the attached Legal Services Agreement with the firm of Fixel & Maguire and authorize the Chairman to execute same. Reviewed by: / Jeff Bibby, P.E. PWED Director Date Reviewed b~. -~ Acting Public Works Administrator Reviewed by: Heidi F, Ashton Date Assistant County Attorney Approved by: David C. Weigel ~-~ Da'te! County Attorney DCW/dda/h:executive summariesf2000/fixel re Livingston Rd. GG Pk',W eminent domain AGENDA ITEM . APP. 11 2000 LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT made and entered into this __ day of ., 2000, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm ofFixel & Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, (hereinat~er referred to as "Counsel"). WITNE$SETH: The pa~ties hereto3 in consideration of the premises and the covenants contained herein, mutually agree as follows: 1. Counsel is hereby retained by the Board to represent and assist the County relating to County's property acquisition interests including eminent domain proceedings for the Livingston Road Improvement Project (Project Nos. 60071; 62071; and 62061) from Golden Gate Boulevard to Immokalee Road. 2. Counsel, upon authority of the County Attorney, is to prepare all legal documents, dorrespondence, communications, etc. and to attend all negotiation meetings, settlement conferences, court hearings and trial(s) necessary during any eminent domain proceedings for Project Nos. 60071; 62071; and 62061. 3. The Board, through its Public Works Engineering Department hereby agrees to pay Counsel as compensation for legal services at Counsel's discounted rate of $235.00 per hour for all trial work and $200.00 per hour for non-trial work. Counsel shall be compensated at $60.00 per hour for paralegals providing services hereunder. 4. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Page I of ~ AGENDA ITEM ~" APP, 11 2000 Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 5. A statement or invoice for legal services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 218.74, Florida Statutes. If the County fails to pay any invoice for legal sen'ices within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thirty (30) days after the due date. 6. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Collier County Risk Management Department within fourteen (14) days of the date of this Agreement. Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be Page 2 of ~ AP2 11 2000 a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful or intentional misconduct, negligent acts or error or omission of Counsel, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought againstfthe County, its officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or anyone directly or indirectly employed by any of them. Counsel's obligation under this provision shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or the Counsel's limit of, or lack of, sufficient insurance protection. The pai'ties agree that one percent (1%) of the total compensation to Counsel for performance of sen, ices authorized by this Agreement is specific consideration for Counsel's indemnification of the Count3,. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. 9. It is mutually agreed between the parties that all authorization for legal services shall originate with the County Attorney. 10. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to tt~e other party. The parties shall deal with each other ir Page 3 of ~ during the thirty (30) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 11. This Agreement shall be effective upon execution by the Board and Counsel. IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: FIXEL & MAGUIRE (Printed witness signature) Joe W. Fixel, Esquire (Printed witness signature) ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Approved as to form and legal sufficiency: David C. Weigel County Attorney Hqng/hfaJagreemcnts/2000qXixelAgrecment Livingston Road Project TIMOTHY J. CONSTANTINE, CHAIRMAN Approved by: - 7 ?~Jeff Bibby Public Works Engineering Department Page 4 of ~ A~=NDA tlc,. AP2 11 2000 F~. "~ during tho thirty (30) day period after any notice of' intent to terminate for conveniencu has been given. Tho County reserves the right to terminate this Agroomen! immediately, for cause, upon written notice to Counsel. 1 1. This Agreement shall be effective upon execution by the Bourd and Counsel.! IN WlTNESS WItEREOF, Counsel and the Board, have eactk respectively, by an author/zed person or agent, hereunder set their trends ~md seals on the date and year first above wriuen. ~TNESSES: (Printed witness Mgnaturc) (Printed wit~ess FIXEL & MAGUTRE ATTEST: DW1GltTE BROCK, CI.ERK BOARD OF COUNTY COMMISSIONh~-RS COLLIISR £;OIJNTY, FI.ORIDA By: By: TIMO'r!IY J cONSTANTINE, CHAIRMAN Approved us to fi~tm anti lcgM sufficiency Approved by7 July Bibby Public Wo, ks linginccring Department David C. Weigel County Attorney AGENDA ~ A, ,. 11 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 137 and 937 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. McAlpine Briarwood, Inc., et al., Case No. 98-1635-CA (Livingston Road Extension - Golden Gate Parkway to Radio Road) Project. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as tull and final compensation to be paid for the acquisition of the easement on Parcel Nos. 137 and 937 for the Livingston Road Extension (Golden Gate Parkway to Radio Road) project in the lawsuit entitled Collier CounO' v. McAlpine Briarwood, Inc., et al., Case No. 98- 1635-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County dircuit Court regarding the acquisition of easements for the Livingston Road Extension (Golden Gate Parkway to Radio Road) project (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Two Hundred Thirteen Thousand Seven Hundred Fifty Dollars and NO/100 ($213,750.00) for Parcel Nos. 137 and 937 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Halstatt Partnership, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolutions of condemnation (Resolution No. 98~29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Two Hundred Thirteen Thousand Seven Hundred Fifty Dollars ($213,750.00) plus impact fee credits to be paid to the Defendants as full compensation for the property rights taken as to Parcel Nos. 137 and 937. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of One Thousand Seven Twenty-seven Dollars and 42/100 ($1,742.00) for attorney's fees with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $1,727.42; Fund: 313 - Gas Taxes Cost Center: 163673 - Surplus Gas Tax Road Construction AGENDA FFt~M . 11 2000 Executive Summary Page 2 Project Number: GROWTH MANAGEMENT IMPACT: Consistent with the Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 60061 - Livingston Road Extension - Golden Gate Parkway to Radio Road Collier County Growth 2. 3. Prepared by: Heidi F. Ashton Assistant County Attorney Mitch Momtaz, Project Manager Public Works Engineering Department approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $1,727.42 into the Registry of the Court. Date Date Reviewed by: (.3/Jeff Bibby, Director Public Works Division Approved by:_ David C. Weigel, County ~°~ney Date h:,q]g&fa/Executive Summary Collier County v McAlpine Briarwood, Inc. AGENDA ITF4M .~ Ar',, 11 2000 pg. 1N THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COSY COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, McALPINE BRIARWOOD, INC., a Florida corporation et al. Respondents. CASE NO. 98-1635-CA CIVIL ACTION PARCELS: 137/937 STIPULATED FINAL JL'DGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondents, HALSTATT PARTNERSHIP, a Florida General Partnership; EDITH COLLIER SPROUL TRUST; JULIET C. SPROLrL, TRUSTEE; LLO'xT) G. HENDRY, TRUSTEE; HAROLD S. LYNTON, TRUSTEE; EDITH COLLIER SPROU-L, TRUSTEE; and LAMAR GABLE, TRUSTEE; for entry of a Stipulated Final Judgment as to Parcels 137 and 937, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, HALSTATT PARTNERSHIP, EDITH SPROLrL, TRUST; JULIET C. SPROUL, TRUSTEE; LLOYD G. HENDRY, TRUSTEE and LA:MAR GABLE, TRUSTEE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Respondent, HALSTATT PARTNERSHIP, a Florida General Partnership; EDITH COLLIER SPROUL TRUST; JULIET C. SPROUL, TRUSTEE; LLOYD G. HENDRY, TRUSTEE; HAROLD S. LYNTON, TRUSTEE; EDITH COLLIER SPROUL, TRUSTEE; and LAMAR GABLE, TRUSTEE; have and recover from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Hundred Thirteen Thousand Seven Hundred Fifty and No/100 Dollars ($213,750.00) consisting of $179,850.00 for the road right-of-way, sidewalk, utility, drainage and maintenance easement designated as Parcel 137, and $33,900.00 for the slope, and utility easement designated as Parcel 937, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED that Respondents, HALSTATT PARTNERSHIP, a Florida General Partnership; EDITH COLLIER SPROUL TRUST; JULIET C. SPROUL, TRUSTEE; LLOYD G. HENDRY, TRUSTEE; HAROLD S. LYNTON, TRUSTEE; EDITH COLLIER SPROUL, TRUSTEE; and LAMAR GABLE, TRUSTEE; receive from Petitioner as a reasonable attorney fee and costs for services rendered in this action, the sum of One Thousand Seven Hundred Twenty-seven and 42/100 Dollars ($1,727.42). No other attorney fees or costs shall be awarded, except as otherwise provided herein, in connection with the ~ibove-styled cause of action as it relates to Parcels 137 and 937; and it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional One Thousand Seven Hundred Twenty-seven and 42/100 Dollars ($1,727.42), AGENDA r/'~- APP, 11 2000 subject to the approval of the Board of County Commissioners, into the registry or: this Court within 30 days from the date of the Stipulated Final Judgment; and it is further ORDERED apportionment and disbursement of the sum of Two Hundred Thirteen Thousand Seven Hundred Fifty Dollars ($213,750.00), which was deposited with the Registry of the Clerk on August 12, 1998 will be determined by this court at a hearing to be set upon motion; and it is further ORDERED, that the impact fee credit in the amount of $330,735 previously given to Halstatt Partnership for full compensation for Parcels 137 and 937 pursuant to Section 7.05(4)b of County Ordinance No. 98-94 shall be reduced by the sum of Two Hundred Thirteen Thousand Seven Hundred Fifty Dollars ($213,750.00). ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of One Thousand Seven Hundred Twenty-seven and 42/100 Dollars ($1,727.42), being the Respondent's attorney fees and costs, to Andrew Siket, Esquire, Kelly Price, Passidomo, Siket & Solis, 2640 Golden Gate Parkway, Suite 315, Naples, FL. 34105; and it is further ORDERED that title to Parcel 137, road right-of-way, sidewalk, utility, drainage and maintenance easement, and Parcel 937, slope, and utility easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. AGENDA FrF_M' -~- APR 11 2000 pt. _5._ DONE ANT) day of O~E~D in Chambers at Naples, ,2000. Collier County, Florida, this The original of this document vas signed FEB 0 8 2000 Circuit Court Judge by Ted Brousseau Circuit Judge Conformed copies to: Andrew Siket, Esq. Avatar f/k/a Gulf American Land Corporation Vincent Murphy, Esquire Joe W. Fixel, Esquire Heidi Ash/on, Esquire CERTIFIED COPY, Tim Durham, Legal Assistant, County Attorney's Office Charge to: P~VED - 113-163673-60061 Bookkeeping 4 AOENDA ~ A~R ! 1 2000 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondents, HALSTATT PARTNERSHIP, a Florida General Partnership; EDITH COLLIER SPROUL TRUST; JULIET C. SPROUL, TRUSTEE; LLOYD G. HENDRY, TRUSTEE; HAROLD S. LYNTON, TRUSTEE; EDITH COLLIER SPROUL, TRUSTEE; and LAMAR GABLE, TRUSTEE; hereby stipulate to the foregoing Stipulated Final Judgment as to Parcels 137 and 937. S~ket, Esqmre Florida Bar #779415 Kelly, Price, Passidomo & Siket 2640 Golden Gate Parkway Suite 315 Naples, Florida 34105 Telephone: (941) 261-3453 Facsimile: (941) 261-57.11 Attorney for Respondents Heidi Ashton, Esquire Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile:(941)774-0225 and Joe W. Fixel, Esquire Florida Bar #0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tatlahassee, Florida 32301 Telephone: (850) 681-1800 Attorneys for Petitioner Dated: APR ! 1 20O0 3301 OFFICE OF CAPITA£ PROJECTS EAST TAMIAIvll TRAIl NAPLFS, F'LORiDA .3'1112 (94-1) 77'1.-8192 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. I_EGAL DESCRIPTION (NOT A SURVL-Y) fee simple title BEGIN AT T11E POINT OF INTERSECTION OF T1 IF. SOUTI l RIGI FF OF \VA;' LINE OF GOLDEN GATE PARKWA'F AND 'FILE EAST LINE OF TIlE SOUTIIEAST QUARTEI~. OF SECTION 25, TO\VNSI tip 49 SOUTI I, IL&NGE 25 EAST COLLIER COUNq'f,I'-LORIDA; TIIENCE SOLFDI 0 DEGREES 22 MINUTES 13 SECONDS EAST ALONG TllE EAST LINE OF SAID SECTION 25, A DISTANCE OF 2131.46 FEET TO TIlE SOUTIIEAST CORNER OF SAID SECTION 25; TIIENCE SOU77t 89 DEGREES 37 MINLFFES 01 SECOND WEST, A DISTANCE OF 1000 FEET; TIIENCE NORTII 0 DEGREES 02 MINLFI'ES 18 SECONDS \VEST, A DISTANCE OF 160.00 FEET 'FO 'Fl IE NOI1.TI I LINE OF A 160 FOOT CANAL EASEMENT; TIIENCE CON'FINUING NORTII ALONG SAID LINE, A DISTANCE QF 20.05 FEET; 'DIENCE SOLFFll 89 DEGREES ~5 MINLFI'ES 45 SECONDS EAST, A DISTANCE OF 5.56 FEET; TIlENCE NORT]I 0 DEGREES 22 MINUTES I ~1 SECONDS WEST, A DISTANCE OF 96.61 FEET TO TI 1E POINT OF CURVATURE OF A TANGENT' CURVE, CONCAVE TO TI fE WEST, I IAV]NG A RADIUS OF 6905.46 FEET AND A CENTILAL ANGLE OF 6 DEGI~,EES 4,1 MINLFI-ES 44 SECONDS; TIIENCE NORTlt ALONG SAID CURVE, A DISTANCE OF gl2.99 FEHT TO TIlE F~Oli',FI' OF CURVATUI~.E OF A REVERSE CURVE, CONCAVH TO TIlE HAST, I IAXqNG A ILADIUS OF 6905.46 FEET, A CEbFFILAL ANGLE OF 6 DEGIUSES 44 MINUTES 44 SECONDS, AND A CIIORD OF 812.52 FEET BEARING NORTII 3 DEGIH]ES 44 MINUTES 35 SECONDS WEST; TIIENCE NORTII ALONG SA1D CURVE, A DISTANCE Olr 812.99 I:EET; TIIENCE NORTII 0 DEGREES 22 MINUTES 13 SECONDS WEST, A DISTANCE OF 132.43 FEET; THENCE NORTll 45 DEGREES 16 MINUTES 00 SECONDS WEST, A DISTANCE OF 84.49 FEET; TIIENCE SOUTII 89 DEGREES 30 MINLFI'ES 18 SECONDS \VEST, A DISTANCE OF 700.71 FEET; TI lEi'ICE NOI(TII I) DEGREES 29 MINLq'ES ,12 SECONDS WEST, A DISTANCE OF 40.00 FEET TO 'FILE SOLD-It RIGHT OIr WAY LINE c'F GOLDEN GA'D5 PARKWAY; TIIENCE NOI1.Tll 89 DEGREES 30 MINUTES 18 SECONT)$ L, ,ST, A DISTANCE OF 859.44 FIlET TO TI IE I~)INT OF BEGINNING; SAID DESCRIBED TtL&CT CONTAINING 14fl,313 SQUARE FEET (3.22 ACRES), /vfOI[E OR LESST BASIS OF BEARINGS IS TIlE EAST LINE OF SAID SECTION 25 BEING SOUTII O0 DEGILEES 22 MINUTES I3 SECONDS EAST. AGENDA ~ :' - A? 112000 GEnE t~ RICHMOND ~OFESSIONAL ~ND SURV~OR //240G OFFICE OF CAPITAL PROdECTS COLLIER COU~'~ OOVERh~UENT COUPLEX 8 B 1 OFFICE OF CAPITAL Pt OJ£CTS 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 55962 (815) 774.-a192 Si<ETCH 01: DESCRIPTION 40.00' ~' P.[3,I?, _. t 6OLDEII GATE PARKWAY PARCEL I',l.89'50'18"E. 859.44" .,~__._ -- 157 Curve nur~be r RQdlus = GO05.4G' z% = 06'44'44 A~c = 0]2.99' Chord ~rO. N,03'44'35'~, Curve numbec Rodiu~ = 690~4G' ArC = Chord IttO N.03"44'35't~. 5.89'Z0'11~"W. 700.71' ~ hi.45'16'O0'W.-/ 84.49' N.00'22'13'W.j 132.43' 2D © GENERAL NOTES 1) P,O.C, Indicates Point oF Commencement 2) P.D.]], Indicates Point oF ~eglnnln9 3) Sec, Indicates Section 4) Twp, lndlcates Township 5) Rge. Indicates R~ncje 6) R/V fndico~es Rlgh1:-oF-woy 7) ALt distances c~re In Feet ar, d'declmo, ts 'l:hereoF (]) ]3osls oF ]]eo.r-lngs Is the East tine oF so. id Sect:lan 25 being §.00°22'1.3'E. '9) 1'1ot: valid unless signed and sealed wi'th the embossed seo. t of:' 1. he pr'oFesslonol to. nd surveyor THIS IS OFILY A SI<ETCH OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA '~'~' G2 (813) 774-8192 SI(ETCH OF DESCRIPTION ~1.oo?o'42'w. 40.00' I,~odlus ~ = 06'44'44' Chocd lito, NO3'44'3~'W. Curve numbe¢ Rodlus = 6985,46' ~ = 86'44'44' ArC = 812.90' Chard = Chord ~. H,03'44'35'~, Curve mumber Radius = 892046' ~ = 06'44'44' Acc = 014.75' Chord = Chord ~¢9' N.03'44'35'~. Arc = 754.34' Chord = 753.96' Chord ~rO. N.O~'50'47'W. COLDEfl CATE PARKWAY N.Rg'30'IB'E. B59,44" ~-- P,D,C, //,., PARCEL -- 837 P,m,s, C-4 ~- S.89'37'47'VI. 99.O0' LJ f~ E~ O ,r GENERAL NOTES 1) P,D.C. Indicates Point o£ Commencemen-t 2) P.t:],~3, Indlcot;es Poin~ oF 3) Sec, Indicates Sec'Uon 4) Twp, Indicates Township 5) Roe. indicates G) R/W indico~es Rlgh't-oF-woy 7) Att dls~onces oma in Fee~ ond dectmot5 ~hereo¢ O) ~sis oF ~eo¢in~s is ~he Eos'( tine oF sold ~ec~ion ~5 bela 9) No't vnlicl untess signed anti sooted wlth 'the embossed se~t oF ~tne professlono[ land surveyor THIS IS ONLY A SI<~CH rlFST T¢ ........ , N.O4 '07'O4'E.--~ 124.?G' N,OO'22'15'W. 96.61' S.89'55'45"E,~5,58' h!,00'02'18'¥/,~ /~East linc Southeast 20,O5' /Quarter Sect, 25. N,OO'22'I3'W,~..~ / 'fwP. 49 S., Rge, 25 49.12' ? '/ 160' CANAL 19.~2' -Southco=t Corner Soc. 25, Twp, 49 S., Rge. 25 E. APR 1 1 2000 PG.- 8 B i 350~ OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORID/, (9,1.1) 774.-as92 34112 PROJECT HO, 65,"3- d ~ / PROJECT PARCEL NO. TAX PARCEL NO. OOL".KMzK;~4kO00 - !_EGAL DESCRIPTION (NOT A SURVEY) siope, uLi] ity ~ maintenance ease.lent COMMENCING AT TIlE POINT OF INTERSECTION OFTI IE EAST LINE OF SECT, ION 25 'I'O\\rNSIIIP 49 SOt_FI] l IL&NGE 25 EAST AND TIlE SOUTll IIIGIFI' OF WAY LINE OF GOLDEN GATE PARKWAY: TI IENCE SOUTII U DEGREES 22 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE OF SECTION 25 A DISTANCE OF 2]2.6] FEET: TItENCE SOUTII 89 DEGREES 3? MINU-FES 47 SECONDS WEST, A DISTANCE OF 99.00 FEET TO TI IE \\'EST RIGI IT OF WAY LI NE OF LIVINGSTON ROAD AND TI IE POINT OF BEGINNING: SAID POINT BEING TI IE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO T11E EAST. I IAVING A ILADIUS OF 690.5.46 FEET, A CENTILAL ANGLE OF 6 DEGREES -14 MINUTES 44 SECONDS, AND A CIIORD OF 812..52 FEET BEARING SOLITII 3 E1EGF. EES 4,t MINUTES 35 SECONDS EAST; TIIENCE SOUTII ALONG SAID CURVE AND SAID \VEST RIGIFI' OF WAY LINE A DISTANCE OF 812.99 FEET TO Tile POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO TIlE WEST, IIAVING A IUXDIUS OF 6905.46 FEET, A CENTRAL ANGLE OF 6 DEGREES -14 MINUTES 44 SECONDS. AND A CIIOP, D OF 812.52 FEET BEARING SOUTtI 3 DEGREES 4-I bUNUTES 35 SECONDS EAST; TIIENCE SOUI'II ALONG SAID CURVE, A DISTANCE OF 812.9') FEET; TIIENCE SOUTll 0 DEGP. I!I.:S 22 MINLFFES 13 SECONDS lEAST, A DISTANCE OF 96.61 FEET; TIlENCE NORTII 89 DEGREES 55 MINUTES 45 SECONDS WEST, A DISTANCE OF 3,56 FEET; TIIENCE SOUTII 0 DEGREES 02 MINUTES 18 SECONDS lEAST, A DISTANCE OF 2,05 FEET; 'FIIENCE LEAVING SAID WEST I(IGIIT OF \VAT LINE SOUTII 89 DEGREES 37 MINU-I'ES 32 SECONDS \VEST, A DISTANCE OF 19.32 FEET; TIIENCE NORTII 0 DEGP. EES 22 NIINLN'ES 13 SECONDS WEST, A DISTANCE OF 49.12 FEET; THENCE NORTI1.1 DEGREES 07 MINUTES 04 SECONDS EAST. A DISTANCE OF 12,1.76 FEET TO TIlE IKDINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO 'FI IE WEST, I IAV1NG A RADIUS OF 6890,46 FEET, A CENTIUXL ANGLE OF 6 DEGP. EES 16 MINUTES 21 SECONDS, AND A CIIORD OF 753.96 FEET BEARING NORTII 3 DEGREES 58 NIINUTES 47 SECONDS WEST; TtlENCE NORTII ALONG SAID CURVE, A DISTANCE OF 754.34 FEET TO TIIIB POINT OF CUR. VATUIIE OF A REVERSE CURVE, CONCAV'E TO TIlE EAST, l lAVING A ILADIUS OF 6920.46 FEET, A CEN'FILAL ANGLE OF 6 DEGREES 4-1 MINUTES 4.1 SECONDS, AND A CIIOP. D OF 814.28 FEET BEARING NORTH-~ DEGREES 44 MINUTES ~5 SECONDS \VEST; ~1 tENCE NORTII ALONG SAfb CURVE, A DISTANCE OF 814.75 FEET; TItENCE NORTN 0 DEGREES :22 MINUTES 13 SECONDS WEST, A DISTANCE OF 147.48 FEET; TIIENCE SOUT] I 45 DEGREES 16 MINUTES 00 SECONDS EAST, A DISTANCE OF 21.25 FEET TO TI IE AFORESAID \\rEST RIG\ IT OF WAY LINE OF LIVINGSTON ROAD; TIIENCE SOUTII 0 DEGREES 22 MINUTES 13 SECONDS ' EASTALONG SAID \VEST RIGI,rT OF WA'F LINE A DIST/GqCE OF 132.43 FEEl' 'FO TItE POINT OF BEGINNING; SAID DESCRIBED TR,'\CT CONTAINING 0.67i ACRE (29,248 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TIlE EAST LINE OF AFORESAID SECTION 25 BEING SOUTI[ 00 DEGREES 22 MINUTES 13 SECONDS EAST. OFFICE OF CAPITAL PROJECTS COLLI£R COUNTh' GOVERNL!ENT COMPLEX 3301 F_ T,",h~l$Ltl TRAIl_ FIAPIES. FLORIDA 3396~ AP.-,ENDA FFENI ~ I II 11 2000 I EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve an eminent domain attorney position and legal assistant position in the Office of the County Attorney and approve the necessary budget amendments. OBJECTIVE: The employment of an in-house eminent domain attorney and legal assistant to assist with the increased road and other infrastructure-related land acquisition program needs pursuant to Board direction and authorization November 9, 1999. CONSIDERATIONS: This past November the Board authorized an additional assistant county attomey and legal assistant position to be dedicated to eminent domain matters, assisting the Real Property Department and Transportation, and assignable to other tasks as time permits. The County Attorney has inquired and can obtain the services of an experienced eminent domain attorney who shall be hired as a part-time employee (not to exceed 35 hours weekly), which allows for a cost-effective hire at reduced benefits. This eminent domain attorney will review, advise and assist Real Property, Transportation and other department connected with real property acquisition for the County, particularly road fight-of-ways, where the County's use of eminent domain may be or is part of the equation. His additional legal expertise utilized at the planning and design phases may facilitate transactional acquisitions at the Real Property Department level, by potentially reducing contentious valuation issues with property owners. Additionally, a legal assistant is appropriate to facilitate the additional work product flowing through the office. We believe implementing this legal assistant position shall allow for a reduction of workload and costs with our outside counsel eminent domain law firm under contract. We believe the eminent domain attorney and support staff addition answers the requests of staff and the direction of the Board this past November in a fiscally prudent way, and provides for a bit of redundancy expertise to be available when other attorneys are at court hearings, depositions around the state, and busy with the demands of a heavy and expanding caseload. FISCAL IMPACT: These positions along with all associated costs will be funded from the general fund. The costs associated with these positions, through the end of this fiscal year, are as follows: personnel including benefits $37,163.00; capital costs (including furniture and office equipment) $15,604.00; and operating costs (including supplies, postage, etc.) $2,006. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve an eminent domain attorney position and legal assistant position for the Office of the county Attorney pursuant to the Board's November 9, 1999 resolution authorizing same along with the necessan:, budget amendments. Respectfully submitted by: David C. Weigel, ~'~unty A~i-ney Date: H:dda/executive summariea/2000/erninent domain attorney AGENDA ITEM APR 11 2000 EXECUTIVE SUMMARY PETITION SNR-2000-01, MAUREEN S. BONNESS, REPRESENTING SHADY HOLLOW LAND TRUST, REQUESTING A STREET NAME CHANGE FROM A PORTION OF 43RD AVENUE NE TO SHADY HOLLOW BOULEVARD EAST AND 43RD AVENUE NW TO SHADY HOLLOW BOULEVARD WEST, LOCATED IN THE GOLDEN GATE ESTATES SUBDIVISION, IN SECTIONS 8, 9, AND 10, TOWNSHIP 48 SOUTH, RANGE 27 EAST. OBJECTIVE: The Petitioner requests a street name change from a portion of 43rd Avenue NE to Shady Hollow Boulevard East and 43rd Avenue NW to Shady Hollow Boulevard West. CONSIDERATIONS: The Petitioner cites as reasons for the proposed change previous road improvements to the streets in question; the potential increase in property values of abutting properties; facilitation of deliveries and emergency vehicle response; and possible future public access to recreational sites (old logging tramways) in the area. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 139 owners of property abutting the street in question, 75, or 54 percent, have granted their approval of the change. The petitioner has met all legal requirements for requesting a street name change, and staff has no grounds for recommending denial of this petition; however, the following points are submitted for the Board's consideration: Previously, when requests have been made to rename numbered streets in Golden Gate Estates, the Board has expressed a preference for renaming all streets within the Unit in question. This is not the case with this petition: the remaining numbered streets in Units 38.52, and 53 remain unchanged. Not all of 43~ Avenue NE would be renamed. After an interruption of two Units, 43"~ Avenue NE continues to the east, through Units 61, 62 and 63, APR 11 2000 ~Z -I -( ~-ANAL ,MMOKAL£E ROAD AGENDA ITEM .o. /74 APR 11 2000 FISCAL IMPACT: Any time a platted existing street name is changed there are associated fiscal impacts. Potential fiscal impacts are as follows: Fiscal Impact Proiected Cost Fiscal impacts to the County Administrator's agency In the form of costs to erect new street signs and staff time spent revising plats and addressing records None for street signs: the petitioner has agreed to bear the cost or replacing signs Fire, police (Sheriff), Post Office, EMS, and 911 Emergency services Costs to update records & maps Property owners Costs to update checks, stationery, etc. GROVVTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOM MEN DATIO N: Staff recommends that the Board of County Commissioners approve Petition SNR 2000-01, changing the name of a portion of 43r~ Avenue NE to Shady Hollow Boulevard East and 43r~ Avenue NW to Shady Hollow Boulevard West. A6EI~A /7,8 APR 11 2000 PREPARED BY: ROss.G'~CHENAUR, PLANNER ii CURRENT PLANNING Ri ~ALI~. I~l~l~lCP, CURRENT PLANNING MANAGER , AICP, PLANNING SERVICES DIRECTOR E/ATE DATE DATE Ap~ R/~V~E D~ BY: //~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE SNR-2000-01 AGENDA ITEM APR 11 2000 28 December 1999 Ronald F. Nino Current Planning Manager Community Development Services 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Nino Enclosed is an application to change the name of 43rd Avenue NE (between Wilson Blvd and Immokalee Rd) and 43rd Avenue NW to Shady Hollow Boulevard. To accommodate current addressing protocol, the segment east of Wilson Blvd will be named Shady Hollow Blvd East, and the segment west of Wilson Blvd will be named Shady Hollow Blvd West. The street is located just north of the county fairgrounds, to the west of Immokalee Rd (CR 846). This street is unique in the area. At the entrance of this paved street is a long turning lane, providing drivers with easy and safe access from Immokalee Rd. Moreover, it is planned to become the future access point for recreational use of the old logging tram roads. As with Corkscrew Swamp Sanctuary (several miles to the north), the tram road parkways will provide an interesting venue for people to experience the natural areas of non-coastal Collier County. We believe that this unique street deserves a unique name, and that a street name change is in the best interest of Collier County and the property owners of abutting properties. The enclosed application includes a list of abutting properties, signed petitions, and maps showing the general location, as well as details of the street. A check for $467 is enclosed. If there are any questions, please contact me at the Rookery Lane address below or by phone (941-348-8178) or FAX (941-348-8998). SinceXrely, ~ness 7390 Rookery Ln Naples, FL 34120 On behalf of Shady Hollow Land Trust PO Box 8809 Naples, FL 34101 Enclosures cc: Jos. D. Bonness, trustee AGENDA ITE APR 11 7.000 DATE: AP,PLICA~T AGENT'S NAME: Maurecn ~. gonness AGENT'S FIRM: AGENT'S ADDRESS: 75q0 ~ooker~/ Lane~ Nlapl~ NAME CHANGE Telephone No. (c~q I) 348 - ~tTg VaxSo. (qql)348-Sqq8 , FL 3qlZO PETITIONER'S NAME: 5¼aot'~ ~qollovo Land q-r-usg Telephone No. (qql] 5q7-21~8 PETITIONEWSar}Om;SS: P0 Bog 880q) Na~les~ FL_ 34101 COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. ( Provide additional sheets if necessary.') Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address /vA City State __ Zip City State __ Zip Name of Master Association: Mailing Address City. State __ Zip Name of Civic Association: Mailing Address City. State Zip COMMUNITY DEVELOPMENT AND ENVIRON'MENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 Al~&at~a ~t Strut Nm~ - il/~S AGENDA ITEM APR 11 2000 PROPOSED CHANGE: CURRENT NAME OF STREET: PROPOSED STREET NAME: STREET IN QUESTION IS: Reason for proposed change: Shady Hollow Boulevard Wes1- a.a ECs r public, or [] private I. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. Approximate length of street: 3.0 ~i les Number of parcels or lots abutting street: I t4 2_ Total Number of property owners abutting street to be renamed: 1 3al Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: ~ ~r 7o Applicant [] does, or [] does not, (appro~ $100.00 pet sign ) agree to pay cost of street sign replacement for public stre~NDA ITl APR I 1 LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) A. Subdivision: Unit No. Tract No. A. Section: Township: Range: B. Subdivision: umt No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivision: umt No. TractNo. D. Section: __ Township: Range: F. Subdivision: Unit No. Tract No. F. Section: __ Township: Range: APR 11 2000 PETITION TO: THE BOARD OF COUNTY COMMISSIONERS COLLIER COL.~NTY, FLORIDA THE L.~NDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY CONEMISSIO~I~ TO CHANGE TI-[E NAME OF THE FOLLOWING STREET NAME FROM TO SIGNATURE ADDRESS LEGAL DESC. DATE ~o./? ,~/ nn~.~.a~,,~n....c,.n.-,,n, ,,,,~,s,~: APR 11 200 Shady Hollow Boulevard East and West (currently 43~ Ave NE between Wilson Blvd and Immokalee Rd, and 43~ Ave NVV) Summary Location: Collier County, Township 48S, Range 27E. The street abuts sections 8, 9 and 10. The street is within Golden Gate Estates Units 38, 52 and 53. Street: The street is three miles long. The eastern half is paved, while the remainder is a single-lane grassy road. There is a turning lane from Immokalee Rd (CR 846) onto the street. Street signs: There are two street signs: one at the intersection with Immokalee Rd, and one at the intersection with Wilson Blvd. Zoning: All abutting properties are zoned Estates, with the exception of four properties on the north side of 43rd Ave NW. These four properties are zoned either A (agriculture) or A-MHO (agriculture with a mobile home overlay). WestYEast: Current addressing protocol utilizes Wilson Blvd as the zero-line. Therefore, we propose that the segment of this street that is west of Wilson BIvd becomes Shady Hollow Bird West, while the segment east of Wilson Blvd becomes Shady Hollow Bivd East. (Note: this proposal includes 43~d Ave NE only between Wilson Blvd and Immokalee Rd. The proposal does not include 43ro Ave NE off Everglades Blvd.) Current houses: There are two houses on this street. One of the houses uses Wilson Blvd. for its address. Therefore, there is currently one property owner with a street address on proposed Shady Hollow Boulevard. Number of abutting properties: 142, most of which are 2.5 acres or less. Number of property owners: 139 (three property owners own 2 parcels each: Collier County, J. Bonness, and R. Berman) AGE~A ITEM A?R 11 2000 /,9 ,A. LNFIOD ~3Fi"IO:D X.,LNFIOD 33'i qN .LS HJ.01~ MN mil 3sis HJ~I /S Hie I lc. )tLZ& lc: H.L9 3S ~ !~INOSIlJ~A z = := ~N J.S HLc 0 ~' MN J~ H~ IS H.LL ~'e~VJ.V'D MIM.SH.L i i 0 lC t, LLI I ~ ~N,,.SH irI lC E MN J. SHIglO MS tq M~I J.S H.L6I iq MN- MS J.S OHF. Z g 3UDY I IS O< ZZ I z ~4DA ITF_ld APR 11 2000 28 February 2000 Ross Gochenaur Planning Services Department Community Development & Environmental Services Devision 2_800 North Horsheshoe Drive Naples, FL 34104 Dear Ross, RE: Shady Hollow Boulevard petition Enclosed is a list of beneficiaries for the Shady Hollow Land Trust. Also enclosed are five additional signed petition letters. This brings the total number of property owners that have signed letters to 80, or 58%. If there are any questions, please feel free to call me at 348-8178. On behalf of Shady Hollow Trust AGENDA APR 1 1 200~ 28 February 2000 The beneficiaries of the Shady Hollow Land Trust are: Joseph D. Bonness, Jr Virginia M. Bonness Patricia F. Larkin AGENDA ITEM APR 11 2000 ..._ /'-/ . 7 Mar 00 The petitioner has been asked, on 28 February, to provide a document identifying the beneficiaries of the Shady Hollow Land Trust. I have not yet received this document. they haven't provided it to us by 28 March (two weeks prior to the heating date), I'll inform the petitioner that we're continuing the petition until we get it. If ~ ,,,'~',~ APR 11 2000 APR 11 2000 PI. {J 0 0 0 0 0 m ~. m < < ~ ~ ~< < 8 Z 0 U 8 i .== 8 z ~.17a APR 11 2000 .../? < Z 0 Z U Z ~ Z U < Z 0 < < Z <U APR 11 2~ 0 Z Z Z Z 0 0 0 0 < Z 0 APR 11 2001 z i i =z ~/"7,~ APR 11 2000 < ~-Z Z < < Z .J 0 < < t- < D, < Z 0 APR 11 Z~ 0 0 0 ~ < < < < < < z ~ < < AGENDA ITEJ ~/',~.~. APR 11 ZO E " ~ 0 0 0 Z ~ Z Z Z < < < < < 0 0 0 0 0 APR 11 2000 o o ~ o < < < o L L L ~ z ~ ~ z Z Z Z Z Z 0 0 0 0 0 0 t.r. ~ r,D ~ o ~ ~ ~  ~',,,9"' "~'- APR 1 1 2000 z 0 AGENDA ITEM ~, APR 11 2000 PETITIONS FOR SHADY HOLLOW BOULEVARD (currently 43ra Ave NW and 43~d Ave NE) SN!~O0-Ol ~,GENDA ITEM ~._,,,"?~. APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDF_aRSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 N 180FT OF TR 6 t PR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and lmmokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 S 180FT OF TR 7 APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 TR 26 A~A I'~ APR 11 2000 c.q0 _ PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with lmmokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY EST UNIT 38 N 180FT ~,C_.~al~A rrF..M APR 1 1 2000 ,.,.,.7/ PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STRF_.E~. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier Cotmty or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to thaold logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern bord~ of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRII:q'ION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 E 7SFT OF TR 35 APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIF..R COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DF. SCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible furore access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE(S) PRINTED NAME(S) GOLDEN GATE EST UNIT 35 W 180FT OF TR 35 LEGAL DESCRIPTION OF YOUR PROPERTY DATE IF NOT REPRESENTING YOURSELF (EXECLrrORS, TRUSTTEES, ETC.), PRINT THE NAME THE PERSON OR ENTITY YOU ARE RE. PRE,SENTING AGENDA APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATUR~ DATE LEGAL DESCRIFFION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 E 751~r OF W 180FT OF TR 36 AGENDA 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and lmmokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. DAT.E LEGAL DESCRIPTION OF yOUR PROPERTY GOLDEN GATE EST UNIT 38 W 75FT OF E I$0FT OF TR 51 AGENDA ITEId APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE. DATE LEGAL DESCRIPTION OF YOUR PROPERTY -/' ~- i ~. . GOLDEN GATE EST UNIT 38 W 105 FT AP, 1 I 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and lmmokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with lmmokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd, o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 W 75FT OF E I$0F'Y OF TR $2 AGEhlDA APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 E 75FT OF W I$01~F OF TR 61 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COl J JER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUF_.~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. ~-SIGNATURE(S) PRINTED NAME(S) GOLDEN GATE EST UNIT 38 W 7SFT OF E 180FT OF TR 61 LEGAL DESCRIPTION OF YOUR PROPERTY DATE IF NOT REPRE. SENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NAME OF THE PERSON OR ENTITY YOU ARE REPRESENTING PETITION TO THE BOARD OF COUNTY COMMISSIONERS Olr COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUF~T THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATUIP~E DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 W 75FT OF TR 62 APR 1 1 2000 PETITION TO THE BOAILD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PE-~ITIONERS HEREBY REQUF~T THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with lmmokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIFFION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 W 7SFT OF E I$0FT OF TR 67 AGENDA iTEM APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIFLION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 W 180FT OF TR 67 AC.1EI',,IDA IT PETITION TO THE BOARD OF COUNTY COMMISSIONF_~S OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQ~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWINO DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and lmmokalee Rd (SR ~6) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. PRINTED NAME(S) GOLDEN GATE EST UNIT 1801rf OF TR 62 L~AL D~C~ION OF YO~ PRO--TV DATE IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NAME OF THE PARTY YOU ARE REPRESENTING -- kGENDA iTEM APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQ~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REA SON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with lmmokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. LEGAL DESCRIPTION OF YOUR pROPERTY GOLDEN GATE EST UNIT 38 E 7SFT OF W 150FT OF TR 77 AGENDA ITL APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LE.GAL DESCRIPTION OF YOUR PROPERTY ~~ /~ff~~/~~~ ~/~O~9/~'~7/GOLDEN/ / ~ v 75F__FT?0 TRGATE78 EST UNIT 38W AGENDA ITEId APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQ~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 W 7SFT OF E I$0FT OF TR 83 APR 1 1 ?..000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 W 7SFT OF E 18OFT OF TR 93 ,PR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resuffaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 E 75FT OF W 150FT OF TR 93 AGENDA ti ~. PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with lmmokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE, DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 W 75F?F TR 93 AGENDA ITEM APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQ~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the furore for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIFFION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 E 105FT OF TR 93 APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 E 7SFT OF W I$0FT OF TR 94 AC.~f~A ITEM /?/q 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUF_.ST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREE-~. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 34~ W 75FT OF E 150FT OF TR 99 AGENDA ITL /TA APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIpTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 38 E 75FT OF TR 100 ITEM APR 11 2O00 Pt~TITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DF. SCRIBED STRKN-Tr. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County, 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE(S) GOLDEN GATE EST UNIT 38 W 18OFT OF TR 100 LEGAL DESCRIPTION OF YOUR PROPERTY PRINTED NAME(S) /2 DATE IF NOT REPRF~ENT1NG YOURSELF (EXECUTORS, TRUSTTEF_.~, ETC.), PRINT THE NAI~ THE PERSON OR ENTITY YOU ARE REPRESENTING PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and lmmokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): I. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change wilt increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokatee Road noah of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. GOLDEN GATE EST UNIT 38 TR 116 LEGAL DESCRIFrlON OF YOUR PROPERTY DATE IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NAME OF THE PERSON OR ENTITY YOU ARE REPRESENTING fq?,R 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUF~T THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY 9 48 27 GG EST UNIT 52 A PORTION OF TR A DESC AS: BEG AT NE CNR OF N/S QUARTER LINE TR A, S 455.61 FT, W 1282.30 FT, N 370.22 FT, ELY TO POB APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL, D.E~CRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT $2 THAT PORTION OF TR "A" LYING EAST OF N/S 1/4 LINE SEC 9, NOW CARRIED IN SEC 3, TWP 48, RNG 27 PAR 3 FOLIO 4/00209640106 APR 1 1 200(1 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. -/ SIGNATURE DATE ? / LEGAL DESCRIPTION OF YOI JR PROPERTY GOLDEN GATE EST UNIT $2 TR 3__ /7/q APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE ?. .... ,~DATE /v, /9 Yr" LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT $2 TR 4..._ 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUF__3T THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Re~onal Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 W 180Frl' OF TR 9 APR 1 '1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. PRINTED NAME(S) GOLDEN, GATE EST UNIT $2 E 15OFT OF TR 15 LEGAL DESCRIPTION oF'~oUi~ PROPERTY DATE APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resuffaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT $2 E 75FT OF W 150 leT OF TR 16 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQ~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBF..D STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The mad was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the furore for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. GOLDEN GATE EST UNIT 52 E 18OFT OF TR 16 LEGAL DESCRIPTION OF YOUR PROPERTY DATE IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NA~ THE PF.~SON OR ENTITY YOU ARE REPRESSING APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIFFION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 E 7$FT OF TR 21 AGENDA APR 1 1 2001) PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Bird and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road noah of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 E 75FT OF W I$0FT OF TR 22 -- AGENDA APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 E 7SFT OF W 180FT OF TR 22 AGENDA ITL " APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resuffaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTy GOLDEN GATE EST UNIT $2 TR 27 APR 1 I 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 E 7$FT OF W 150FY OF TR 28 AGF_N~A ITF..M APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 W 75FT OF TR 28 AC.~4DA I'~ PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE, DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 E 180 FT OF TR 28 AGENDA ITEs 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of CorksCrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 W 75FT OF E 150FT OF TR 33 11 2000 p& ~'/~ PETITION TO THE BOARD OF COUI'C','Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. /ZNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 E 75FT OF W 180FT OF TR 33 APR 11 2000 pETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HF. aREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIt3NATUR~- gl~ GOLDEN GATE EST UNIT $2 E 105FT OF TR 34 LEGAL DESCRIPTION OF YOUR PROPERTY PRINTED NAME(S) DATE IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NAM THE PERSON OR ENTITY YOU ARE REPRESENTING APR 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF CCLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQLrEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GITE EST UNIT 32 E 75FT OF W 150FT OF TR 34 APE 11 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 W 75FT OF E 180FT OF TR ~M AGENDA ITEM APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY OF TR 34 EST UNIT 52 W 75FT APR 11 2000 P~., 7~ PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE :, DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLGEN GATE EST UNIT 52 E 751~r OF W 180FT OF TR 39 jI AFR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 E I$0FT OF TR 39 - AC.~E~A ~ APR 11 2000 PS- ~O~ - PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE . ,-, ,"~ t / ./ LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 W 75FT OF E 180FT OF TR 40 /-,PR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONFJ~ HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and lmmokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resuffaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE(S) PRINTED NAME(S) GOLDEN GATE EST UNIT ~2 W 7~1~ OF TR 40 LEGAL DESCRIPTION OF YOUR PROPERTY IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NAME O1 THE PERSON OR ENTITY YOU ARE REPRESENTING PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETFITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 W 180FT OF TR 45 A~A ITEld APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 52 E 180FT OF TR 46 AGENDA APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWINO REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT $2 W I$0FT OF TR 46 AGENDA ITEM APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUF~T THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SI GNA_ILIRE =~ DATE LEGAL DES. CRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT $3A E 7SFT OF W 180FT OF TR 46 AGENDA I~'F-~ / 7 ,'t APR 11 2000 PETITI.ON TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED P1E~ITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE .L. EGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 TR 4 AGENDA ITEM APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 E 7SFT OF W 18OFT OF TR 9 AC.-.ENOA ITEk APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): I. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of CorksCrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. 71/~NATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTy GOLDEN GATE EST UNIT 53 W 105FT OF TR 9 APR 11 2000 , Pg. g? PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resuffaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. DA~ LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 E 7SFT OF TR 9 AGENDA IT~- APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 W 7SFT OF E 150FT OF TR 9 a - A~A ITEM APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 E 10SFT OF TR 10 AGENDA ITEl' APR 1 1 2000 PETITION TO THE BOARD OF CouNrY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 E 75FT OF W 150FT OF TR 10 AGENDA ITEM A, PR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREFrT. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. ~ $1GNAT~E DATE __ ~. ~ I,~EGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53W 75FT OF E 180FT OF TR 10 APR 1 1 200(I PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLO~DA: THE UNDERSIGNED PETITIONERS HEREBY REQUE~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and mm lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of CorksCrew Swamp Sanctuary, are planned to be opened to the public in the furore for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. PRINTED NAME(S) GOLDEN GATE EST UNIT $3 E 7SFT OF TR 15 LEGAL DESCRIPTION OF YOUR PROPERTY DATE IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NAM THE PERSON OR ENTITY YOU ARE REPRESENTING ~ ~r AGE. N~A ITF. Ivl APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PEWITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE /~ D~ATE / 5/29/95 LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 W 105FT OF TR 15 APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 W 180FT OF TR 21 APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLI.!ER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUE~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLI.~WING DESCRIBED b-~FREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. ?SFI' OF W IBOFT OF TR 27 LEGAL DESCRIFrFION OF YOUR PROPERTY PRINTED NAME(S) IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTFEES, ETC.), PRINT THE N; THE PERSON OR EN'FITY YOU ARE REPRESENTING APR 11 2000 PS. PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQ~ THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between WHson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the lmmokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE(S) PRINTED NAME(S) GOLDEN GATE EST UNIT 53 W 7SFT OF E I$0FT OF TR 27 LEGAL DESCRIFXFION OF YOUR PROPERTY DATE IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NAME OF THE PERSON OR ENTITY YOU ARE REPRESENTING - ~A ITEM APR 1 1 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNA~[URE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 TR 28 AGENDA APR 1 1 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PE'rlTIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with lmmokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. o Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DF_~C ,RIPTION OF Y OUR PROPERTY GOLDEN GATE EST UNIT 53 W 75FT OF E 150FT OF TR 33 AGENDA APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PEWITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE GOLDEN GATE EST UNIT 53 F TR 33 LEGAL DESCRIPTION OF YOUR PROPERTY E 75FT AGENDA APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and lmmokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 TR 34 AGENDA APR 1 1 2000 Pg. /a/ PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT $3 W 75M OF E I$0F'Y OF TR 39 APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and lmmokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING RF_~SON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with lmmokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. SIGNATURE DATE LEGAL DESCRIPTION OF YOUR PROPERTY GOLDEN GATE EST UNIT 53 W 10SFT OF TR 39 APR 11 2000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. 43rd Avenue NW and the section of 43rd Avenue NE between Wilson Blvd and Immokalee Rd (SR 846) to be changed to Shady Hollow Boulevard FOR THE FOLLOWING REASON(S): 1. The road was paved (resurfaced and widened) to Collier County specifications in 1992, and turn lanes were constructed at the intersection with Immokalee Road. All of this improvement was done at no cost to Collier County or property owners. This paved road has been maintained since June of 1992 at no cost to Collier County. 2. This proposed name change will increase property values for abutting properties along Shady Hollow Blvd. 3. Shady Hollow Blvd. is a possible future access point to the old logging tramways within the Corkscrew Regional Ecosystem Watershed. These tramways, which span the distance between Shady Hollow Lake Property and the southern border of Corkscrew Swamp Sanctuary, are planned to be opened to the public in the future for hiking and possibly bicycling. 4. An interesting road name off the Immokalee Road north of the Collier County Fairgrounds will be a desirable break in the sequence of numbered avenues and therefore make it easier for future deliveries and emergency vehicles. PRINTED NAMF~S) GOLDEN GATE EST UNIT W 180FT OF TR 45 LEGAL DESCRIPTION OF YOUR PROPERTY IF NOT REPRESENTING YOURSELF (EXECUTORS, TRUSTTEES, ETC.), PRINT THE NAME OF THE PARTY YOU ARE REPRESENTING APR !I 2 00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 38 39 40 41 42 43 44 RESOLUTION NO. 2000- RESOLUTION RENAMING A PORTION OF 43~ AVENUE NE TO SHADY HOLLOW BOULEVARD EAST AND 43~ AVENUE NW TO SHADY HOLLOW BOULEVARD WEST, WHICH STREETS ARE LOCATED IN THE GOLDEN GATE ESTATES SUBDIVISION, UNITS 38, 52, AND 53, IN SECTIONS 8, 9, AND 10, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of,~3ra Avenue NE to Shady Hollow Boulevard East and 43~ Avenue NW to Shady Hollow Boulevard West. This street is located in Sections 8, 9, and 10, Township 48 South, Range 27 East, Collier County, Florida, Golden Gate Estates, according to the plat thereof, recorded in Plat Book 7, Pages 91, 92, 93 AND 104, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The name of the streets are hereby changed from a portion of 43~a Avenue NE to Shady Hollow Boulevard East and 4Ya Avenue NW to Shady Hollow Boulevard West and are confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. AGENDA ITF..M APR 1 1 2000 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 This Resolution adopted after motion, second and majority vote. Done this __day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Mami Scuderi Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: g.'admir~ SNR-2000-01Resolut~on/RG/ts AGENDA ITF'~ ~ APR 11 EXECUTIVE SUMMARY V-2000-02, JAMES H. SIESKY OF SIESKY, PILON & WOOD, REPRESENTING ALBERT HUBSCHMAN, REQUESTING A FENCE HEIGHT VARIANCE OF 6 FEET FROM THE REQUIRED 6-FOOT MAXIMUM TO 12 FEET (7-FOOT FENCE ATOP A 5- FOOT BERM) FOR PROPERTY LOCATED IN GOLDEN GATE ESTATES UNIT 35, TRACT 115, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 6-foot variance from the required maximum of 6 feet to 12 feet (a 7-foot fence atop a 5 foot berm) to allow construction of a fence/berm combination along Interstate 75. CONSIDERATIONS: The petitioner wishes to construct a sound barrier in the form of a berm and fence combination adjacent to 1-75 prior to construction of a home on the property. The Land Development Code permits a maximum fence height of 6 feet, measured from the natural ground. The petitioner wishes to construct a 7- foot fence atop a 5-foot berm. FISCAL IMPACT: Since the subject property is a platted lot with infrastructure to support a single family home, approval of this petition would have no additional fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the use of the lot is single family residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: The fence/berm combination will act as a source of noise attenuation for the subject lot, ' and, to some degree, neighboring lots. Therefore, Planning Services staff recommended that the CCPC forward Petition V-2000-02 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variances. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on March 16, 2000. CCPC recommended approval by a unanimous vote. The 2000 PREPARED BY: FF;~REISCHL, SENIOR PLANNER CURRENT PLANNING /' R ~EV~JEWED I~: ; " r I ', R~)NALD F: I~INO, AICP CURRENT PLANNING MANAGER DATE DATE RC~E~ J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: :, VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-02 ITEM 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: FEBRUARY 24, 2000 SUBJECT: PETITION V-2000-02 AGENT/APPLICANT: OWNER: Albert Hubschman 525 Soil Street Naples, FL 34109 AGENT: James H. Siesky 1000 Tamiami Trail North, Suite 201 Naples, FL 34102 REQUESTED ACTION: The petitioner requests a 6-foot variance from the required maximum of 6 feet to 12 feet (a 7-foot fence atop a 5 foot berm) to allow construction of a fence/berm combination along Interstate 75. GEOGRAPHIC LOCATION: The subject property is located at the intersection of Soil Street and Sandlewood Lane, also described as a portion of Golden Gate Estates Tract 115, Unit 35. ~ ............ ~ ~.O CND/~. ITE~ 2000 I ! II l --I !! 200[ PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a sound barrier in the form of a berm and fence combination adjacent to 1-75 prior to construction of a home on the property. The Land Development Code permits a maximum fence height of 6 feet, measured from the natural ground. The petitioner wishes to construct a 7-foot fence atop a 5-foot berm. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Undeveloped Estates lot; zoned E Sandlewood Lane ROW 1-75 ROW The remainder of Tract 115 Soil Street ROW HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the bfficjal 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. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: ao Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The lot abuts 1-75 along the east property line. ,~.GENDA ITEM 2000 Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The lot was created prior to the design and construction of 1-75, which took a portion of the tract. This taking created a unique series of lots along the Interstate. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The tract is. adjacent to 1-75 and the exit 16 ramp. This factor makes this a less than ideal location for a home if no noise attenuation is constructed. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A reasonable use of the land would be a single family house. However, the petitioner states that the requested variance will be the minimum required to attenuate highway noise at this location. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a higher fence than that which would be permitted for a similar lot in the Estates district. 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? Yes. Section 2.4.4.18.1 of the Land Development Code provides standards for berms along 1-75. 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.? Yes. The lot was created prior to the design and construction of 1-75. Therefore, the fence/berm combination would be the ameliorating factor to the "physically induced" construction of 1-75. An example of a similar situation is The Str~ PUD, in which a 6-foot fence is permitted atop a berm. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. ,"' STAFF RECOMMENDATION: The fence/berm combination will act as a source of noise attenuation for the subject lot, and, to some degree, neighboring lots. Therefore, Planning Services staff recommends that the CCPC forward Petition V-2000-02 to the BZA with a recommendation for approval. PREPARED BY: FRED_~,.JEISCHL, SENIOR PLANNER CURRENT PLANNING REVIEWED BY: /RONALD F. NINO, AICP ,] Z CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULH--'-EF~i AICP PLANNING SERVICES DIRECTOR APPROVED BY: DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-2000-02 Collier County Planning Commission: RUSSELLA. BUDD, CHAIRMAN ~GE. ND~ ~TEM ! i 2000 VARIANCE PETITION I VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Date Petition Received: -Planner Assi_maed: ABOVE TO BE COMPLETED BY ST.&FF GENERAL INFOILMATION: Petitioner's Name: Albert Hubschman 525 Soil Street Petitioner' s Address: Naples, FL Telephone: 941/290-1950 Agent's Name: Agent's Address: Naples, James H. Siesky I000 North Tamiami Trail, Suite 201 34102 941/263-8282 Telephone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Application for Variance Petition - 8~98 Page 1 of 8 200O Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: n/a Mailing Address City. State __ Zip, Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address Citv State __ Zip Name of Master Association: Mailing Address n/a City. State ~ Zip Name of Civic Association: Mailing Address City State __ Zip PROPERTy DESCRIPTION: Legal Description of Subject Property: Subdivision: Golden Gate Estates Section 7 Twp. 49 Metes & Bounds Description: Unit 2 5 Tract 115 Tract ll~lock (s) Range 26 Property I.D. # 384~7600009 Strap# 33790011514B07 See legal description on attached drawing Application for Variance Petition - 8198 Page 2 of 8 ~ ' AGE~A iTEM 2000 Address of Subject Property: df different from Petitioner's address) Not assigned Current Zoning and Land use of Subject Parcel: Estates/None Adjacent Zoning & Land Use: ZONING LAND USE N S W E Resilential Residential Sol! Street 1-75 Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [] No [] Side: Waterfront Lot: Yes [] No [] Real-: Application for Variance Petition - 8/98 Page 3 of 8 AGEI~A D r..l~ Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. This ~roperty is vacant, In preparation for construction of a residence. The ~enitioner requests a variance to erect a berm and fence. The proposa~ configuration is as shown on the at~ached drawing. Application for Variance Petition - 8/98 Page 4 of 8 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 petiuon by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) .&_re there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, sumcture, or building revolved. This property abuts Interstate Road 75. Consequently, a significant amount of noise is expected. Other similarly situated properties have reques%ed and received approval to build larger berms and fences. .-~re there special conditions and circumstances wkich do not result from the action of the applicant such as pre-existing conditions relative to the property, wkich is the subject of the variance request. See =' Will a literal interpretation of the provisions of this zoning code work unnecessary, and undue hardship on the apphcant or create practical difficulties on the apphcant. This property abuts 1-75. The berm is necessary to reduce noise and improve aesthetics of the propert7. 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 ofhealt, h, safety or welfare. Yes Application for Variance Petition - 8/98 Page 5 of 8 Will granting the var/ance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or snmctures m the same zoning district. Nc) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injUrious to the neighborhood, or otherwise demmental to the pubhc welfare. Yes Are there natural condinons or physically induced conditions that ameliorate the goals and objecnves of the regulanon such as natural preserves, lakes, golf course, etc. -~he only persons significantly a~_e~_d by the requested variance are those who use 1-75 and Mr. Hubschman's im~ediate neighbors. 8. Will granting the variance be consistent with the growth management plan. Yes Application for Variance Petition - 8/98 ! PR1; 2000 Page 6of8i /_~ VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! R £Q UIREMENTS # or COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property., showing the encroachment 1 (measured in feet) 5. 15 Site Plan depicting the following: a) .MI property, boundaries & dimensions b) .MI existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee, checks shall be made payable to - Collier County. Board of Commissioners 8. Other Requirements - - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checkl/st is included in this submittal package. I understand that failure to include all necessary subrmttal information may result in the delay of processing of this petition. Application for Variance Petition - 8/98 Page 7 of 8 ,APR ~'~ 2000 AFFIDAVIT We~l, Aiioert Hu2oschman being first duly sworn, depose and say that we/I am/are the owners of the properS, 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. kVe/[ understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or Coun~'printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, a. nd all required information has been submitted. .4s proper~.' owner WelT further authorize James H. Siesky as our/my representative in any matters regarding this Petition. &gnature ot Property Owner to act Signature of ProperO, Owner Albert H,abschman T)ped or Printed Name of 6Zvner T. vped or Printed Name of Owner The foregoing instrument was acknowledged before me this / ~7 d day of ~?~sa 2~/L tO~:by Albert Hu29schman who is personally known to me or h'as produded as identification. State of Florida County of Collier crr~ypl.~l, lc'~~o~ ~. Signature of ~ Public-State of CO~m~ON N~CU~ma ~lo~da) ' Wanda Gay~s_ (P~nt, T~e, or Stamp Commissioked ~.-d.Z ' Name of Nota~ PubliO , 2000 Appli~tion for Variance Petition - 8~98 Page 8 of 8 I RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 02. FOR A VARI.~NCE ON PROPERTY HEREIN'AFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WHEREAS, the Legislature of the grate of Florida in Chapter t25, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and suck, business regulations as are necessaD' for the protection of the public; and WHEREAS, the County pursuant thereto k`as adopted a Land Development Code (Ordinance No. 91-102) v,'hick, establishes regulations for the zoning of particular geographic divisions of ~he County. an~onz wk`ich is the gran:ing of variances: and \\5tEREAS. tile Board of Zoning Appeals, being tk`e duly elected constituted Board of tk`e area he:'cbv affecled, l;as }reid a public hearing after no:ice as in said regulatio::.t made and provided, and k`as considered the advisabili:y of a 6-fool fence height varfance from the required 6-foot maximu?, to 12 feel ~a 7-foo~ fence a~op a 5-foot berm} as shov, n on ~he atmc}~ed plot plan. ExhibX ".V' in an "E" Es:ares Zone for ~he property hereinaler described, ' 'md }las ~ound as a matter of fact that safisfac'.,oU provision and arrangement k`ave concerr, 5~g all applicable nla::ers required bx sa:d regulations and in accordance xx::k` Section 2.7.5 of !}lc Zoning Regu!atio::s of said Land De~ clopment Code for the unincorpcra'~ed area of Collier County: and \\'HEREAS. all in:crested parties k`a,.e been given opportunity to be beard by this Board in public meeting assembled, and the Board having considered all mauers presented: NO\V THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING .-kPPEALS of Col]itt County, Florida, Tfe Petition \:-2000-02 filed by James H. Siesky. representing Albert Hubschman. with respect to the property i:ereinafler described as: Tract 115, Golden Gate Estates, Unit 35. less and except the south 189.40 feet, and that portion lying east of the westerly r/w line of 1-75 as described in O.R. Book 816 Page 105 of the Official Records of Collier County, Florida. be and the same hereby is approved for a fence height variance of a 6 feet from eke required 6-foot maximum to 12 feet (a 7-foot fence atop a 5-foot berm) as shown on the anached plot plan, Exhibit "A", of the "E" Estates Zoning District wherein said property is located, subject to the following conditions: -2- 1. The Planning Services Director ma.',' approve minor changes to lhe s'ite plan. 2. The berm shall conform 1o the provisions of Section 2.4.4.18 of the Land Development Code. however, the toe of the berm may abut the property line. BE IT RESOL\;ED :hat this Resolution relating to Petition Number V-2000-02 be recorded in the minutes o£this Board. This Resolution adopted after motion, second and majority vote. Done this daF' of · £%0, .ATTEST: D\VIGHT E. BROCK. CLE?Z& BOARD OF ZONING APPEALS COLLiER COL~CT'f. FI_OR1DA t Approx ed as to Fon~: an,q. ~ ~_ e,-=_. SufficSencv: MAR_':[ M. $CUDERI ASSISTANT COUNTY ATTORNET ~ ;.dram \ - - ' 7.,Ek, OL' : ]C)N FR :7' TIMOTHT .1. CONSTANTINE. CHAIRMAN -2- iI ~ EXECUTIVE SUMMARY V-2000-05, MICHEL SAADEH OF VINEYARDS DEVELOPMENT CORPORATION, REQUESTING A VARIANCE TO A REAR-YARD SETBACK REQUIREMENT OF TEN (10) FEET TO ZERO (0) FEET FOR AN ACCESSORY STRUCTURE FOR PROPERTY LOCATED AT 434 TERRACINA COURT, FURTHER DESCRIBED AS LOT 45, TRACT L- 22, UNIT 3A, VINEYARDS PUD, IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks a variance from the rear-yard requirement for accessory structures (i.e. pool enclosure) from ten (10) feet to zero (0) feet. CONSIDERATIONS: The variance is requested in order to facilitate the construction of a larger pool/spa area within a screen enclosure structure than could be constructed given the area available for said activity. Even though the legal test for a variance in part is the existence of a land-related hardship, nevertheless, provisions of the Land Development Code acknowledge the ability to stray from that doctrine in its purest sense. These provisions deal with identifying practical difficulties, which in the opinion of staff may be extended to a consideration of dealing with setbacks, which are a subjective criteria. The fact remains that setback standards are meant to achieve minimum separation between buildings, to enhance fire protection and circulation of light and air. Lots that lie contiguous to lakes and golf courses do not have a problem with separation for that portion of the lot fronting the open space area. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Petitions for a variance from some dimensional requirement of the Land Development Code, or the development standards of any particular PUD do not rise to the level of any inconsistency with elements of the Growth Management Plan. AG~A field m APR 11 2000 HISTORIC/ARCHAEOLOGICAL IMPACT: By virtue of its DRI stares the Vineyards is vested from any historic or archaeological impact considerations. STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: Staff recommended approval of this petition to the CCPC because the application of a general talc had no practical effect on the purpose of thc role. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended approval of Petition 2000-05 by a unanimous vote in accordance with the draft Resolution for Adoption included with this summary submission. RbNALD ~.~I'NO-~ AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE g/admin/V-2000-05 EX SUMMARY/RN/im APR 11 2000 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 16, 2000 PETITION NO: V-2000-05, VINEYARDS DEVELOPMENT CORPORATION OWNER/AGENT: Agent: Michael Saadeh 98 Vineyards Boulevard Naples, FL 34119 Owner: Vineyards Development Corporation 98 Vineyards Boulevard Naples, FL 34119 REQUESTED ACTION: This petition seeks a variance from the rear yard requirement for accessory structures (i.e. pool enclosure) from ten (10) feet to zero (0) feet. GEOGRAPHIC LOCATION: The subject property is located within the Vineyards PUD located at 434 Terracina Court on Lot 45, Tract L-22, Unit 3A, Section 5, Township 49 South, Range 26 East, of Terracina a subdivision as recorded in Plat Book 29, Page 88 thru 93 of the Public Records of Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The variance is requested in order to facilitate the construction of a larger pool/spa area within a screen enclosure structure than could be constructed given the area available for said activity. APR 11 2000 ;t SURROUNDING LAND USE AND ZONING: Existing: A single-family home is under construction on the subject property. Surrounding: North - To the north of the subject property lies a lake and golf course in the Vineyards PUD zoning district. East To the east of the subject property is a single- family home in the Vineyards PUD zoning district. South - To the south is located a single-family residence located in the Vineyards PUD zoning district. West - To the west is located a single-family residence located in the Vineyards PUD zoning district. GROWTH MANAGEMENT PLAN CONSISTENCY: Petitions for a variance from some dimensional requirement of the Land Development Code, or the development standards of any particular PUD do not rise to the level of any inconsistency with elements of the Growth Management Plan. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Typically, variance petitions have no impact on jurisdictional agency responsibilities. Nevertheless, the petition is circulated to the most appropriate agencies, in this case Project Engineering staff was consulted because of the relationship of the pool enclosure structure to the water management lake to which it abuts. Project Engineering advised that the variance if granted would have no detrimental effect on the water management lakes. ANALYSIS: Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: AGENDA ITEM APR I 1 2000 ae de ee Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, however, there are numerous precedents in more recent PUD's that allow accessory structure's to build to the Mean High Water Mark or bank of adjacent lakes. These permissive rules recognize the fact that setbacks are based on establishing a minimum separation between buildings and much of Collier County's land development patterns accomplish this by the use of water management lakes, golf courses and other open space techniques. Under this scenario traditional planning standards are in fact not being abridged. Are there special conditions and circumstances, which to 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, however is this standard relevant in light of the fact that the size and quality of non- buildable area is not diminished by this action, given the subject properties contiguous relationship to a large open space corridor. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? In a manner of speaking it will diminish the wish of the petitioner to maximize their perceived expectation for development of their personal home. The personal objective of the petitioner would not be important if some overriding public purpose were being adversely affected but in truth it is not for the reasons mentioned above. 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? The variance is not necessary to achieve the standard of a reasonable use of the lot, however, the fact that a larger area of lot utilization will be possible with the variance, nevertheless does nothing to negatively impact standards of health, safety and welfare. The subject lot is in a very low density housing area and a great deal of open space is physically present in the area of the lot. 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? AGENOA ITEM APR 11 2000 Yes, it will allow the petitioner to maximize a greater amount of the lot area with buildings and accessory structures. Even so, this is not precedent setting when one considers the fact that many similar PUD's do allow a zero setback tolerance for lots abutting water bodies. On the other hand any other lot owner is entitled to apply for a similar variance for a similarly placed lot. 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? The single-family house under construction with the variance allowing a larger screened in pool/spa area will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The lot orientation to an open space corridor and the quality of the residence will make a positive contribution to this neighborhood. 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.? Yes, a natural and physically created environment in the way of water area, and a golf course immediately contiguous to the subject lot ameliorate the traditional objective established for setbacks. h. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirement of the Growth Management Plan. General Observation: Even though the legal test for a variance in part is the existence of a land related hardship, nevertheless, provisions of the Land Development Code acknowledge the ability to stray from that doctrine in its purest sense. These provisions deal with identifying practical difficulties, which in the opinion of staff may be extended to a consideration of dealing with setbacks which are a subjective criteria. The fact remains that setback standards are meant to achieve minimum separation between buildings, to enhance fire protection and circulation of light and air. Lots that lie contiguous to lakes and golf courses do not have a problem with separation for that portion of the lot fronting the open space area. Therefore, staff is not inclined to recommend a denial based on the lack of a land related relationship. AC, EI~A APR 11 2000 STAFF RECOMMENDATION: Staff recommends approval of V-2000-05, a petition for property described in the Resolution of Adoption for the purpose of varying the required rear yard setback of ten (10) feet to zero (0) feet for accessory structures. D BY: J RONALD F. NI~N6, ~"~P CURRENT PLANNING MANAGER DATE REVIEWED BY: ~MUL H~I~C~ PLANNING SERVICES DEPARTMENT DIRECTOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number V-2000-05 Staff Report for the March 16, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g/admilffV'-2000-05 STAFF REPORT/RN/im APR 11 2000 -p VARIANCE PETITION Co~ssion 'Dis~.ct: -Plier Assi~: ABOVE T(~ BE COMI'LETED BY STAFF ' ' GENERAL INFORMATION: Petitioner's iNam,e: Petitioner's Address: VINEYARDS DEVELOPHEIqT CORP. 98 VI!~I)$ BOULEVARD IO. PLES, FL 34119 Tel~phor~¢: 353-1551 Agent's Ag~t's Address: 14ICH~L SAADEM 98 VINEYARDS BOULEVARD NAPLES, FL 34119 Telephone: 353-1551 COLLIER COUNTY COMMUNITY DEVELOP1MRNT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-,6963, Application far Ym'i~ Petition - ~ ftgel of 8 APR I I 2000 Complete the ibllowing for all Association(s) affiliated with this petitior~. sheets ii' necessary) ('Provide additional ~ UU4, UiU Name of Homeow~er Association: TERRAC~ H~ ASSOCIATION, 13qt. Mailing Address 98 VXN~AROS BOULE'V~ CityNAPLES State FL_Zip 34119 N~'ne of Homeowner Association: Mailing Address City State , Zip. Name of Homeowner Association: Mailing Address State ~ Zip~ Name of Mn~Jter Association: VIXEYARDS C~ITY ASSOCIATION, IXC. Mailing Ad&ess 98 VINEYARDS BOULEVARD City HAPLES ;gtateFL Zip 34119 Name of Civic Association: Mailing Adckess City State ~ Zip PROPIIRT¥ DESCRIPTION: Legal Description of Subject Property: Subdivision: TE1CRAC]~IA Unit Lot (s) 45 ___ Block (s) H/A Section 8 Twp. 49S Range 26E Ptopcrty I.D. # 76710001022 Metes & Bounds Description: N/A Application f~r VnrJnne~ PetiSoa - ~ Flge 2 of 8 APR 11 2000 P 02/0~/oo 16:25 FAX 94t$43695g COLLIER CO C0~L'NITYDEV ~ oo~/olu Address of SabJect Property: (If d~t f~om Petitioner's 434 TERRACII~ COURT, 8APLES, FL 34119 Current Zoning nad Land use of Subject Parcel: RES~DK~!AT. S~GLE FAI~LY Adjacent Zoning a~ Land Use: N LAKE & GOLF COURSE S_ RESKDEI~ S~qGLE FAH~L~ W E P-o~.$IDEX~TAL SY~IGLE F~<IL¥ RESIDEI~J./kL SINGLE FAIRLY Minimum Yard ~:equirements for Subject Property: Front: 25 ' Side: Comer Lot: Yes [] No [] Waterfront Lot: Y~ ~] No [] Rear: 25' Application for Vtrl~ne~ Petition.- 8/98 Page .3 of ~ APR 11 2000 02/0?/00 COLLIER CO CO~XLtNIT¥.~v ~o06/olo Nature of P~tt2ion Provide a detailed cxplanaion of the reque.st i~cluding what structures arc existing and what is proposed; vhe amount ofencroachmcnt proposed using numbers, i.e. reducc float sctback from 25' to 18'; when propeny owner purchased prol~rty; when existing principal structure was built (include: building permit number (s) if possible); why cncroacb~n~nt is necessary; how existing encp~a~hrnent crone to be; etc. Request to reduce the rear-yard setback for accessory structure from 10' to zero. The lot backs into a lake and golf eour;~. reduction of the accessory structure setback v~rill not have any ,, impact on anyon_ewhosoever. I respectfully requ_est approval of this variance request. Appa~ f~r Varian~ Pe. tltivn - ~ AGENOA APR 11 2000 Plezs¢ note that :~mK--ud thc Collier Count,/pl,,,,,ing Co_~,,,i~sion shall be guided in their £ecommr=ndalion to the Bomxi of zouing Appe;tls, and that ',he Board ofzouin$ appemls shall bc guided in its d~termmation to approve or deny a variance pelition by thc below llsied cntenm (1-$). (Please address this criteria using nddibonsl pages if necessary.) A~e ~ac s~cial conditions and c~cun~tances c~,isting wi~ich ~rc peculitr to thc location, si~c and cli~ract~'~stics of thc land, s~'uctu~c, or bui]~n§ involveA. SINCE THE LOT BACKS INTO A LAKE AND GOLF COURSE, ~ IS NO HARDSHIP ON ANYONE'S PART, AND THE RELIEF FROH STRUCTURE SETBACK Is'ILL ASSIST IN IHPROVING THE LOT. Arc there sl.)ecial conditio~ and circul~n~tances which do n~t result f~om thc m~:tbn of the applicant sucli ~s prt:-existm§ conditions relative to ~e p~opetty which is the subject of tic variance request. THERE ARE NO PREEXISTING CONDITIONS AND TI=IEKE ARE NO ENCROA~S I,IHATSOEVER. Will a lite~al im~rpretation of thc provisions of this zoning code work unnece~..s~y and undue h~rdsh/p cn thc ~tpplic~nt o~ creale practical dit~cul~ics on the applicant. THE C~ PROVISION CREATES PRACTICAL DIFFICULTIES ON THE APPLICANT AND THE PROPOSED VARIANCEWILLHELP AND , ~0N'T HAVE. ANY HARDSHTPS ON ANYONE. Will the vi~la~c¢, if granted, be the llainimum variance that will make poss~i,: thc reasonable use of the l~d, b~lding or structure and which promote st3ndards ofhetlth, safc-.t7 or welftte. YES, THE REQUESTEDVARIANCEWILLHELPTHIS PROPERTY AND BECAUSE THE LOT BACKS INTO A LAKE & GOLF COURSE NO ONE NILLBEAFFECTED. Application fer Vsrtane~ Petition Psg~ 5 of 8 11 2000 Will ~"a~u~ the v.rianc~ t~qucs~ed conf~ on th~ p~i~oa~r ~uy special privi~l: ~h~t is dm~ed by ~c zo:~.in~ ~c~ls~ious to other l~mds, bufldinss, or su'ucmrc$ in ~h~ sam~ zon~ di-trict NO Will grantinli the varisnce k~ in harmony with thc inte~! ~nd purpose of this zol~g code, and not be injuriou~ to Ihe nei ~hborhood. or otherwise detrimcGtal to the public welfare. YES, Tills VARIANCI~. I, IILL HAVE biO NEGATIVE IHPACT ON ANYONE ~dtIATSOEVER. Ate the~ n~ttural conditions or physically induced conditions that amelibrzt~ ti:e goals and objectives of the r,:gulation such as natuxal preserves, lakes, golf course, etc. THE PROPERTY IS ADJACENT TO A LAKEAND GOLF COURSE AND TIIJ~.REQUESTED VARIANCE IS CON$ISTENT~ITH ~~ ACCEPTED STANDARDS. 8. Will gr'an~ng the vm-i~ucc be consistent with thc growth rzmnagem~nt plan. YES AppUca~on for V~l~,,ce Pe~Jlion - B.'98 Page 6 or 8 APR 11 2000 0 0 ~0 c~ APR 1 RESOLUTION NO. 2000- RELATING TO PETFrION NUMBER V-2000- 05, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Honda in Chapter 125, Flontht Statutes, has conferred on all counties in Honda the power to establish, coordinate and enforce zoning and such business regulations as are neces,nary for the prot~-'tion of the public; and WHEREAS, the County pursuant thereto has adopted a Land D~velopme~ Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the Count, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1 O-foot variance from the required rear yard setback of 10 feet to 0 feet for an accessory structure as shown on the attached plot plan, Exhibit "A". in a PUD Zone for property, hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have bees made concerning all applicable matters required by sa~d regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Developmem Code for the umncorporated area of Collier County; and WHEREAS, ail interested parties have been g~ven opportumty to be heard by this Board in public m~ning ass~abled, and tl~ Board having consider~t all matt~na ~ NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier Count, Florida, that: The Petition V-2000-05 filed by Michel Saadeh, represeming Vineyards D~veiopm~t Corporation, with respect to the property hereinm°ter described as: Lot 45. of Terracina. A Subdivision As Recorded in Plat Book 29. Pages 29 through 93, of The Public Records of Collier County., Florida ~A ~ APR 11 2000 be and the same hereby is approved for a 10-foot variance fxom the required rear yard setback of 10 feet to 0 feet as shown on the attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located, subject to the following conditions: 1) Said setback variance has exclusive application to accessory screen enclosure sU'ucture. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-05 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: SCUDERi- - ASSISTANT COUNTY ATTORNEY G:/V-2000-05 RESOLUTION/2.17.00/RN/ts TIMOTHY J. CONSTANTINE, CHAIRMAN -2- AGEND I APR 1 1 2000 EXECUTIVE SUMMARY V-2000-06, -MONTALVO, INC., AND RH ENTERPRISES OF COLLIER COUNTY, INC., REQUESTING A VARIANCE OF 2.5 FEET FROM THE REQUIRED FIFTEEN (15) FEET APPLICABLE TO EACH SIDE OF A LOT LINE TO BE ESTABLISHED BY PLATTING IN CONJUNCTION WITH THE FEE SIMPLE SEPARATION OF THE CHECKER'S RESTAURANT AND VALVOLINE OIL CHANGE PREVIOUSLY DEVELOPED UNDER A UNIFIED PLAN LOCATED AT THE NORTH SIDE OF PINE RIDGE ROAD AT THE HOME DEPOT PROJECT SITE. OBJECTIVE: This petition seeks a variance of 2.5 feet on both sides of a contiguous property line from the side yard requirement of 15 feet. The lot line is being established in an after-the-fact manner in that the two buildings were established under a unified plan of development, and as such, side yard requirements were not applicable. CONSIDERATIONS: The properties are located on the northeast comer of Pine Ridge Road and Naples Boulevard, formerly out parcels developed under the Home Depot unified plan of development (i.e. SDP-89-2324). When the Checker's Restaurant and Valvoline Oil Change facilities were constructed they were constructed under a unified plan of development without the intention of creating feel simple lots around each structure. Consequently, interior lot line setbacks were not applicable. As it tums out, the two buildings were placed too close together to now allow the superimposition of an interior lot line between the two structures for the purpose of facilitating their fee conveyance to individual entities distinct from the Home Depot (i.e. the parent parcel). The variance is required to allow the establishment of two separate parcels around Checker's and Valvoline to facilitate their conveyance. The existing condition dictates a variance of 2.5 feet from an otherwise required 15-foot side yard requirement for each of the two parcels. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: A consistency review is generally not applicable for variances. No specific element of the GMP is affected by the granting of this variance. APR 2000 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. 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 Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Nevertheless, 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 any historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Services Department contacted. STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: Staff recommended approval of the variance petition because of the existing conditions which would go unaffected should this petition be denied. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended approval of Petition V-2000-06 by a unanimous vote in accorda~ with the draft Resolution of Adoption included with this executive summary submission. · PREPARED BY RON~D F. NIFO, AICP DATE C~NT PLANNING MANAGER REVIEWED BY: .~/'~ ~ ROBE'RT J. MULHERE, AICP -~- PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPRO _VED~Y: ' VINCE~Ti A. (}AUTERO, AICP,'-X-D-~INISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE g/admin,'V-2000-06 EX SUMMARY/RN/im APR 2000 AGENDA ITEM 7-F MEMORANDUM TO: COLLIER COUZNTY PLANNING COMMISSION FROM: COMMLZNITY DEVELOPMENT & ENWIRONWIENTAL SERVICES DATE: FEBRUARY 25. 2000 RE: PETITION NO: V-2000-06. MONTALVO, INC. OWNER/AGENT: Agent: Oscar Montalvo III 4435 20~ Street N.E Naples, FL 34120 Owner: Montalvo, Inc. & R.H. Enterpnzes of Collier County, Inc. 2257 Pine Ridge Road Naples, FL 34109 REQUESTED ACTION: This petition seeks a variance of 2.5 feet on both sides of a contiguous property line ~:¥om the side yard requirement of 15 feet. The lot line is being established in an after the fact manner in that the two buildings were established under a unified plan of development, and as such side yard requirements were not applicable. GEOGRAPHIC LOCATION: The properties are located on the northeast comer of Pine Ridge Road and Naples Boulevard. formerly' out parcels developed under the Home Depot unified plan of development (i.e. SDP-89- 2324). (See location map on following page). 2OOO PURPOSE/DESCRIPTION OF PROJECT: When the Checker's Restaurant and Valvoline Oil Change facilities were constructed they were constructed under a unified plan of development without the intention of creating fee simple lots around each structure. Consequently interior lot line setbacks were not applicable. As it tums out, the two buildings were placed too close together to now allow the superimposition of an interior lot line bem'een the two structures for the purpose of facilitating their fee conveyance to individual entities distinct from the Home Depot (i.e. the parent parcel). The variance is required to allow the establishment of two separate parcels around Checker's and Valvoline to facilitate their conveyance. The existing condition dictates a variance of 2.5 feet from an otherwise required 15-foot side yard requirement for each of the two parcels. SURROUNDING LAND USE AND ZONING: Existing: The properties are currently' developed. The property' is zoned Surrounding: North - The Home Depot Store lies to the north and east being the former parent parcel on property zoned C- 5. South - To the south and west lies Pine Ridge Road and Naples Boulevard respectively creating a substantial separation between land use patterns. The side yard setback has no effect on surrounding properties. GROVe'TH MANAGEMENT PLAN CONSISTENCY: A consistencv reviev¢ is generally not applicable for variances. No specific element of the GMP is affected bv the ~anting of this variance. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeblogical probability as referenced on the official Collier County Probability Map. Therefore, no HistoricaL/Archaeological Survey and Assessment is required. Nevertheless, 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 any historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Services Department contacted. AN ALX~ SIS: Section 2.7.5.6 charges the Collier County Planning Commission with the requirement to hold a public hearing for variance petitions and to make certain findings before recommending an approval to the Board of Zoning Appeals. The Planning Commission is to consider and be guided by the following findings in making a determination: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved and which are not applicable? Yes, there are and they pertain to the fact that the buildings exist and are the product of a unified plan of development where internal lot lines did not exist. As a consequence of a desire to create fee simple lots around the buildings to facilitate their sale to another party, the internal lot line dividing the two properties requires a variance, inasmuch as the distance between the m'o buildings is less than 30 feet the sum of the two applicable side yard requirements. bo Are there special conditions and circumstances which do not result from the action of the applicant? Yes, the current owners of the businesses did not own the fee (land area) associated with their businesses, which under a unified plan of development did not require spacing based upon an internal lot line between the two businesses. Will a literal interpretation of the provisions of this Land Development Code deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Ordinance and work unnecessa~ and undue hardship on the applicant? Yes. because nothing is accomplished by denying the business owners the right to own the land supporting their business. The buildings exist and in the real world the variances do not create a problem bu.t simply facilitate the sale of land associated with each building. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure? Yes, however it should be appreciated that no physical changes will result in the event this variance is approved. 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? Not really because the variance is artificially induced as a result of making these properties individual fee simple lots as opposed to their original unified plan of development. L Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The ~anting of this variance does nothing to change the relationship of the existing buildings to one another or the larger development area of which they are a part. g. Will granting the variance be consistent with the Growth Management Plan? Yes. however it should be appreciated that the GMP does not really address this t,vpe of petition. GENERAL COMMENTS: When the two out parcel developments occurred it was as part of a unified plan of development. Inasmuch as there were no internal lot lines, the on]v development standard applicable xvould have been the minimum space between buildings, xvhich is fifteen (15) feet, or one half the sum o~ the height of the buildings. Since these are one-story buildings, the spacing would be fifteen (15) feet. By subdividing the property, and creating two separate parcels, side yard setbacks became applicable which are fifteen (15) feet on each side of the lot line between the two buildings, and would therefore result in a spacing of thirty (30) feet between the two buildings. The actual spacing is twenty-five (25) feet. and the lot line is drawn to provide 12.5 feet on either side of the lot line. The granting of the variance will merely sanction the existing condition and will allow each building owner entity thc opportunity to own an area of land associated with the business use on the land. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition V-2000-06. for property described in the Resolution of Adoption for the purpose of varying the required side yard from fifteen (15) feet to twelve and one-half (12.5) feet variance of two and one-half (2.5) feet on either side of the two lots being created. 2000 R~NXLI~ F.'q'~I~NO~ XI"t~P CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTER~ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENIAL SVCS. DATE DATE Petition Number V-2000-06 Staff Report for the March 16, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUT)D, CHAIRMAN ,; adm!n V-2000-~i6 STAFF REPORT P~N'im ? ~ i2000 VARIANCE PETITION (VAILIANCE FROM SETI~ACK (S} REQUIILED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District' Date Petition Received: Planner Assigned: ,\BOVE 'l'O BE COMPLETED BY STAFF GENERAL INFOIUM,,VI'ION: Petitioner's Name: Petitioner's Address: Montalvo, Inc. and ' H Enterprises of Collier 2257 Pine Ridge Road, Naples, Florida 34109 Telephone: 596-4645 County, Inc. Agent's Name: Oscar Montalvo, III Agent's Ad~ess: 4435 20th Street N.E., Naples, Florida 34120 Telephone: 348-8397 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESIIOE DRIVE - NAPLES, ICL 34104 PIIONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page I of 8 Conapletc tlao l'ollov,'ing lbr :ti] .,x. ssociat~on(s) 'h£frliatcd with tills sheets if necessary) (l:'rovidc additional Name of llomco',vner ..\ssuciation: Mailing Address City ..... State __ Zip Nan'~e of Honacowncr Assoc~;:ion: Mailing Address City __ State __ Zip. Na. II-lc el~ HollaCO,,vncr ,,~ ssoc i~H~oH: Mailing Address City State __ Zip Name of h, lastcr Association: N/A Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: See Legal Descnption of Subject Propcrty: Subdivision: Unit Section Twp. Range Composite Exhibit "A" Lot Property I.D. Block (s) Metes & Bounds Description: See Composite Exhibit Application for Variance Petition - 8~98 Page 2 of 8 Address of Subjec~ Properly: t ll' different from I'ctmoncr', acldrcs~, 2557 & 2559 Pine Ridge Road, Naples, FI. Current Zoning and l~:md use of Subject Parcel: Zoning C-5 Current Use: Checkers Restaurant and Valvoline Oil Change 34109 Adjacent Zoning & Land Use: ZONING LAND USE N C-5 Home Depot S N/A Pine Ridge Road %V C-5 Home Depot E C-5 Home Depot Minimum Yard Requirements for Subject l'roperty: Front: 25 ' Comer Lot: Yes [~ No [] Side: 1 5 ' Waterfront Lot: Rear: 1 5 ' 5~CS ~ Application for Variance Petition - 8/98 Page 3 of 8 2000 Nature of Petition Provide a dctailcd cx, pIanat~on of thc request including xvhat structures arc existing and what is proposed; theamoumofcncroachmcntproposcdusingnumhcrs, i.c. rcducc front setback £rom 25' to 1S'; when property c~,.'.'ncr purchased properly; whci~ existing principal structure ,,','as built (include building permit liumbcr(s) if' possible); wi'p,' cllcroachmcnt is necessary; how existing encroachment came t~.~ I)c: crc. Existing Structures: Structure #1: Checkers Restaurant Structure #2: Valvoline Oil Change Purchase Date: 1-28-00 Closing_Date_: Year Built: 1989 SDP #: 89-232A - H Proposed Encroachment: Because the structures, as originally permitted and built, are 25 feet apart, excluding~_~gves., canopies, and overhangs, and because the owners are, concurrent with this application, subdividing the property as depicted on the attached Exhibit "A", we request that the West side-yard setback for the Checkers parcel, and the East side-yard setback for the Valvoline parcel, both be reduced from 15 feet to 12.5 feet, excluding eaves, canopies, and overhangs. Application for Variance Petition - 8/98 Page 4 of 8 APR 2000 Please note that slalTand thc ~.'oil,er (.'utllllV Planulng Cbmri~ission shall bc guided m their rccor~n~cndation to the Board ofzomng Appeals. and that thc l:~uard of zomng appeals shall be guided t,~ ,ts determination to approve or deny a varmncc petmon bv the beloxv l~slcd criteria(l-8). (Please addrcssth~s cf,terra using additional pages if necessary.) Are there special conditions aJ~d c~[ct,,nstanccs CXlStlHg which arc pccuha~ Io Ibc location, s~ze and characteristics of Ibc land. sll-tJt_'ltltC. The existing close proximity of the improvements on the two parcels has not interfered with the operations of the respective businesses in the past. Are there special condition,s and c~rcun~stanccs wilich do slot resuh From ~}~c' aClltltl t)l' l}lC apphcant such as prc-cx~slmg conditions rcla~l'.'c lo the property which is thc subject t)t' thc '.'ar~ance request. See #1 above. Also, the condition has existed for approximately__ 10_ y_e_a_rs prior to Petitioner '. s ownership. %Viii a literal interpretation o1' thc prov~slons of fl~is zoning code work unnecessary and undue hardship on the applicant or create pratt,cai difficulties on the applicant. Yes, because the Petitioners will not be able to continue operating under the literal code interpretation. Will the variance, if granted, be the m,mmum variance that will make possible the reasonable use of the land, building or structure and '.vh~ch promote standards of health, safety or welfare. Yes, the Petitioners ate asking for the minimum variance. Application for Variance Petition - 8/98 Page 5 of 8 APR !1 2000 \Vd] granting thc varlam c rcqu,.'~tcd ccmlcr cm the petitioner any special p~,, ~k'~:c that ~, domed by these zoning rL'gU]3[lVlls [0 ~;d~c'r [ands, DUlldlilg$, OF stl3..lclurcs 111 lilt_' '-,LIIIIC Z()[llll~ dlS[Fit'l, No, given the.intended ongoing and continued operation of the Petitioners' respective businesses in the same manner as prior to var~oce. Will granting Q)c ~ariancc bc ,a harmcmy with d~c relent and purpt)sc ~I this zz~lllr~ code, and not bc ~nj~lous Io ~e nclgl~borh,~od, .r othc~vlsc dctruncnml Io fl~c public ~cllalc Yes, the public welfare will not be affected. There will no change perceptible, to ~he public._ be ,Are fliere natural condor,,ms ~r ph?,~call5 ~nduced conditions Lhat anlcll~,ratc thc goals and objectives of thc rcgula~:,m ~ucl~ as natural presents, lakes, golf cuursc, c'lc No Will granting the ,,'ariancc bc cm~s~stcnt wlLh 'die growth nlanagenlcnt plan Yes, given the fact that the existing use will continue. Application for Variance Petition - 8/98 Page 6 of 8 APR !I 2000 E×IIII~I'I' "A" TO IIl'~ A'F'I'ACIII'~II IiOK~iZOtl ,roof, s I1~tC , DF1^ CllECY,[ t~ 2000 -10- HOME DEPOT COLLIER COUNTY, FLORIDA DESCRIPTION; A parcel of land lying within the East I/2 of the Southwest one-quarter of the Southeast one-quarter of Section l 1, Townsl~ip 49 South, Range 25 East, Collier County, Florida, said parcel being more particularly described by the following metes and bounds description: COMMENCE at the Southeast corner of said Section Il; run thence S88°52~36"W along the South Hneof the Southeast I/4 of said Section II for 1323.86 feet to the Southeast corner of the Southwest 1/4 of the Southeast I/4 of said Section 1 thence N00~22'02"W ~on~ the E~t line of ~[d Southw~t 1/4 of the Southe~t 1/4 of Section II for 50.00 feet to the Northerly right-of-way line of Pine R~dge Road (S.R. 896) and [o the Poin~ of Be~nn[ng of %he parcel herein d~cr[bed; thence SBS~SZ'3S"W ~ong said Northerly right,f-way line, s~d line lyi~ 50.00 feet north of and pa~lel ~o the South line of [he Southe~t 1/4 of ~d S~t~on 11, for fee% ~o the W~t line of the E~t I/~ of the Southw~t 1/4 of the Southe~% 1/4 of sai~ S~%ion I~; thence N00~45'42"W ~ong ~[d W~t ~ne for 938.49 feet to the North Iine of the South 1/2 of the Northe~t 1/4 of %he Southw~; I/4 of the Southe~t 1/4 of said S~%]on 11; %hence N88"51'9B"E mlom~ ~[d North line for ~S8.74 feet to t~e afor~[d East line of %he Southw~t 1/4 of the Southe~t l/4 of Set,on 11~ thence S00~2Z'02~E along sa~d E~t Hne for 9sa.s7 feet, to the Point of Be~nnh,E. Said parcel containing 14.3:t0 acres, more or less. tl 2000 I,].IRL,IIVCE PETIT]O),_' ,,\I'I'I~ICATION SUBMITTAL (_'IIECI(I~IST TIllS CO3, IPLETI:.D CIIE('KI.IS'I' IS TO BE SUIIblI'I"I'I.:I) V~'I'I'II AI'I'I.ICATION PACb/.ET! REQUIREMENTS , (/OI'IES RF~QUIRED 1. Completed Application ,~. l_q 2. Completed O~vner/A~cnt Affidavit, Notarized ~ i I 3. Pre-application notes/minutes ,4,.,,~//,~!. 1 5 4. Survey of property, sho~in~ tile encroachment l (measured in feet) _~5~x ,,:~/cc,~ cd ~' 5. Site Plan depicting thc l't)llo;ving: ~ 15 a) All property boundaries & dimensions ~ b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks o Location map depicting major streets i~, area for reference 7. Application fee, checks shall be made payable to - Collier County Board ,f Commissioners 8. Other Requiremcuts - - .As th'e authorized agcnb'apphcant lt~r tins pctmon, I attest ti:at all of thc inlolll~allot~ mdKated on this checklist ~s included m ~is submittal package. I undcrsland ~at failure to include all necessary submittal inFo~atmn may result in O~e delay of processing ~,1' this pcl~lmn. Application for Variance Petition - 8/98 Page 7 of 8 ! MONTALVO, INC. II:elf, RH ENTERPRISES OF COLLIER. I~j~ngfirst duh' sworn, dty)ose and say t/tat well am/are the owners of t/~e propero, descrtbed herein at~d 'which ts d~e subject matter of the ~roposed hearing; dial all the answers to the questions ut tJtts opp/~caHoH, including the disclosure of uttercst tuJbrmutton, all sketches, data, and other sup/;lcmcnta0' matter attached to and made a part of th~s ,Gv~hcut~on, ute honest and true to thc/wst qf our knowledge attd behef IFe/] understand that thc u~/brmat~on requested on this apphcat~on .mst be complete and accurate and that the content of th~s Jbrm, whether computer Zeneroted or Count~, printcd shall not be altered. Public heartngx wtll not be cdvertised until th~x appltcatton tx deemed complete, and ail requtred Uyormat~on has/;eon sat;mitred As property owner II:e// fio'Uzer au:hor~ze OSCAR MONTALVO, III as our/tHV re])reseHto[l'Pc ltl OHV ?HO[[C't'$ regarding this Petl'lto?t. [0 a.s' (dehttfication. State of Florida County of Collier David J Szempruch lira,'fir MY CommissJon CC736778 Expires Juno 1, 2002 Application for Variance Petition - 8/98 (Print, Type, or 3'tamp Com~isst'onG ~.~Tb Name of Nota? Pubh'O ~ 2000 Page 8 of 8 } RESOLUTION NO. 2000- RELATING TO PETITION NL,'MBER V-2000-06, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN' COLLIER COUNTY. FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties ~n Florida the power to establish, coordinate and enforce zoning and such N:siness regulations as are necessary for the protecnon of the public: and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divismns of the CounL'y, among which is the granting of variances: and Vv~IEREAS, the Board of Zoning Appeals. being the duly elected constituted Board of the area hereby affected, has held a public heanng after not~ce as in sa~d regulations made and provided. and has considered the advlsabili .ty of a 2.5-foot variance from the required side yard setback of 15 feet to 12.5 feet lbr each of two contiguous lots as shown on the attached plot plan. Exhibit "A". in a ('-5 Zone Ibr the property hereinafter described, and has found as a matter of fact that sansfactoO' provision and arrangement have been made concerning all applicable matters reqmred by said regulations and in accordance with Sectmn 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area ofCollier Coun .fy: and WHEREAS. all interested pames have been given oppormnip:' 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 Count'. Florida. that: The Petition V-2000-06 filed by Mr. Oscar Montalvo, III, represennng Montalvo. Inc.. and RH nterpnses of Collier Count3.', Inc.. wuh respect to the property hereinafter described as: That certain tract or parcel of land located in Naples, Collier County,. Florida. containing approximately 25.000 square feet in area, ~thlch ~s more particularly described or depicted bv crosshatching on the site plan I the "Site Plan") shown in Exhibit "A" attached hereto, which Properly ~s an "out-parcel" and pan of the shopping center: together with the non-exclusive right for Lessee and Lessee's customers, employees and mvltees to use the driveways and curb cuts located in the shopping center (as the same may ex~st from nme to nme) in common with Lessor and other tenants and occupants of space m the shopptng center and their customers, employees and inv~tees. A parcel of land lying within the East '/2 of the Southwest 'A of the Southeast ~. of Secnon 11. Township 49 South. Range 25 East, Collier County, Flor/da. Said parcel being more particularly described by metes and bounds as follows: Commencing at the Southeast comer of the Southwest ~,4 of the Southeast 'A of smd Section I 1: -3.- A GE.J~ A ITEM ,.o._/7 APR !1 2000 Thence North 00'2?02" West, 50.00 to a point intersecting the northerly right-of-way line of Pine Ridge Road (S,R. 896): Thence along the northerly right-of-way line of Pine Ridge Road. South 88'52'36" West. 68.00 feet to a pmnt: Thence North 01'07'24" West. 1.00 feet to the Point of Begirming of said parcel here~n descmbed: Thence North 01'07'24" Thence South 88'52'36" Thence North 0 l '07'24" Thence North 46'07'24" Thence North 01'07'24" Thence South 88'52'36" Thence South 01'07'24" West. 24.40 feet to a point: West 115.47 feet to a point: West, 68.27 feet to a point: West. 9.19 feet to a pmnt: West 52.86 feet to a pmnt: West. 76.03 feet to a point: East. I52.04 feet to a point: Thence North 88'52'36" East, 198.00 feet to the Point of Begmmng. Containing 0,34 acres of land more or less, Ingress/Egress easement not included in legal description. be and the same hereby is approved for a 2.5-foot variance from the required side yard setback of 15 feet to 12.5 feet for each of two connguous lots as shown on the attached plot plan. Exhibit "A", of the C-5 Zoning D/smct wherein said property' ~s located, subject to the following conditions: 1 ) Side setback variance has exclusive applicanon to the existing two buildings. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-06 be recorded m the minutes of this Board. This Resolution adopted after monon, second and majority vote. Done this da5' of .2000. AITEST: DWIGHT E. BROCK. CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLOR1DA Approved as to Form and Legal Sufficiency: MAR,WI M. SCUDERI ASSISTANT COUNTY A'Iq'ORNEY g adrnin,X'-2000-O6 RESOLUTION/XN/irn TIMOTHY J. CONSTANTINE CHAIRMAN -2- t-1:7 printed 40A.X65g,90~TF on ll/Z]/l~g& 0/,:(,1H~ · pg $15 TO DF. ^'['T^C:IIEL) I i _L__L .... L._i .... i_.. I.___1 I EXHIBIT "A"