Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 02/27/2001 R
COLLIER cOuNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 27, 2001 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 PFIIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO: 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY 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 1:00 P.M. INVOCATION - Pastor Michael Smith, New Hope Ministries PLEDGE OF ALLEGIANCE ! February 27, 200! 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. February 1, 2001 - Workshop B. February 6, 2001 - Workshop g PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS Five Year Attendees: 1. Phillip Tindall, Community Development 2. Theresa Potter, Building Review 3. Hilda Clair, Library 4. Alison Saba, Library 5. Edward Harkins, Parks and Recreation 6. Paul Brower, Wastewater Twenty-Five Year Attendee: 7. Timothy Billings, Community Development C. PRESENTATIONS 1) Recommendation to recognize Lszaro Blanco, Senior Equipment Operator, Stormwater Management Department, as Employee of the Month for February 2001. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 1) To present the Certificate of Achievement for Excellence Reporting to the Board of County Commissioners. in Financial 2 February 27, 2001 2) To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2000. THIS ITEM WILL BE HEARD IN CONJUNCTION WITH ITEM 8 G 1. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Report to the Board of County Commissioners regarding the current structure of the policies and regulations for commercial excavations and request direction from the Board to staff regarding those regulations. 2) THIS ITEM IS BEING CONTINUED TO THE MARCH 13~ 2001 MEETING. Consolidation of the Impact Fee Ordinance. Copy of Ordinance will be made available on February 27, 2001 at the County Manager's Office or Community Development and Environmental Services. B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES 1) Approve request to terminate Coastal Engineering from remaining contracts with Collier County and approve retention of replacement engineers to finish projects, when and as necessary, and approve any necessary budget amendments. D. PUBLIC SERVICES SUPPORT SERVICES 1) Approval of the Collier County Government Equal Employment Opportunity Plan. F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Report regarding the State of the County/Vital Signs Report. WILL BE HEARD IN CONJUNCTION WITH ITEM 6 A 2. THIS ITEM 3 February27, 2001 H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation to the Board of County Commissioners to consider a proposed agreement from the City of Naples concerning the location of an exploratory well for a proposed aquifer storage recovery system. 10. BOARD OF COUNTY COMMISSIONERS A. Discussion regarding County's support for North Belle Meade CARL acquisition. (Commissioner Mac'Kie) B. Appointment of Commissioner to the Canvassing Board for 2001. (Commissioner Carter) C. Appointment of members to the Emergency Medical Services Advisory Council. D. Appointment of member to the Lely Golf Estates Beautificstion Advisory Committee. E. Appointment of member to the Development Services Advisory Committee. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY 1) That the Community Redevelopment Agency Board review the proposal received for the Gateway "Mini Triangle" redevelopment project; not accept the proposal as submitted; and direct staff to return to the Board within 120 days to consider re-advertising "An Invitation to Submit Proposals" with additional submittal requirements. C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 4 February 27, 2001 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) THIS ITEM WAS CONTINUED FROM THE JANUARY 23, 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-86-22 (2), Mr. William Hoover, representing Mr. Peter Longo of Ohio Sealants, requesting an amendment to the Pine Ridge Center PUD having the effect of providing an East/West cross access road on the PUD master plan and adding Tract "C" to the plan, correcting the project acreage and the property owners address, and adding additional retail commercial uses for property located on the South side of Pine Ridge Road and approximate~ 660 feet West of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier County, Florida. 2) THIS ITEM WAS CONTINUED FROM THE JANUARY 23~ 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-88-11 (2), Mr. William Hoover, representing Mr. Anthony Jancigar, requesting an amendment to the Pine Ridge Center West PUD having the effect of providing an East/West cross access road on the PUD master plan and adding Tract "C" to the plan, correcting the project acreage and the property owners address, and additional retail commercial uses for property located on the South side of Pine Ridge Road and approximately 980 feet West of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier County, Florida. 3) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-00-6, William L. Hoover of Hoover Planning, representing Ronald W. Ragge, requesting a rezone from "E" Estates to "PUD" Planned Unit Development to be known as Ragge PUD allowing for a mixture of Commercial and Office Land Uses for property located on the North side of Pine Ridge Road (C.R. 896), and opposite Whipporwill Lane in Section 7, Township 49 South, Range 26 East, Collier County, Florida. C. OTHER 1) IT IS REQUESTED THAT THIS ITEM BE HEARD AT 11:00 A.M. Amendments to Collier County Ordinance No. 92-102 creating the Collier County Public Guardianship Program to .conform to Florida Statutes by providing for placement of the program under the Statewide Public Guardianship Office, appointments to the office, redefining powers, preparations of the budget, February 27, 2001 procedures and rules, costs, necessary reports, access to records and surety bond. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V-2000-32, Stanley Whittemore, representing Ferdinand and Catherine Fountain, requesting a 5-foot variance from the required 30-foot rear yard setback to 25 feet for property ' located_ at 355 Kings Way, further described as Lot 8, Block G, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. 2) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2000-18, Kenneth B. Cuyler, Esquire, representing Sunvac Corporation, M & H Stables, requesting a conditional use for horseback riding lessons and horse rental activity on a parcel of land zoned "A" Agricultural for a property located on the South side of Newman Drive 1.5 miles East of Collier Boulevard and one mile South of Interstate 1-75, this site consists of 10+ acres. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Reactivating the City and County Managers/Administrators Committee. (Commissioner Carter) / 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 6 February 27, 2001 1) 2) 3) 4) S) 6) 7) 8) 9) Authorize a Resolution relating to the enforcement of vegetation removal in the rural areas of the County in response to the threat of fire. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Bay Laurel Estates at Pelican Marsh Unit Twenty-One". Petition Carny-2001-AR #369, Duane Wheeler, of the Rotary Club of Immokalee, requesting permit to conduct a carnival from March 1, 2, 3 and 4, 2001 and March 8, 9, 10 and 11, 2001 on County owned property located on the Southwest portion of the Immokalee Regional Airport, 520 Airways Road. Final acceptance of water utility facilities for Ritz-Carlton parking garage. Final acceptance of water utility facilities for Boyne South. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase lB, Unit Two". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase 1A". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase lB, Unit One". Request to approve for recording the final plat of "Norman Estates at Pelican Marsh Unit 23 replat of Lots 3 through 18 and Part of Tract B". TRANSPORTATION SERVICES 1) Approve Change Order Number 3 with Better Roads, Inc. for additional construction services for revising Livingston Road four lane to Livingston Road six lane, Project #60061. 2) Approve Change Order Number 5 with APAC-Florida, Inc. for additional construction services for the widening of Immokalee Road from 1-75 to Collier Boulevard (CR 951), Project No. 69101. 3) Recommendation to extend Contract #98-2821, contractual services for traffic signals and street lights. 4) Approval of staff selection of professional landscape architecture services firms and authorization to negotiate and award agreements to same for fixed-term professional landscape architectural services (RFP #00-3131). 7 February 27, 2001 5) 6) 7) 8) 9) 10) 11) 12) Approve a Budget Amendment to provide funds to the Lely Golf Estates Municipal Services Taxing Unit (MSTU) Beautification Fund. Request for speed limit reduction from thirty miles per hour (30 MPH) to twenty-five miles per hour (25 MPH) in Goodland. Recommendation that the Board of County Commissioners approve the short list from RFP #00-3152 for an environmental consultant for Clam Bay Restoration and authorize staff to negotiate with the top ranked firm. Request Board direction to establish a proposed Livingston Road Beautification MSTU. Approve a Budget Amendment for Construction Engineering Inspection Contract to ConsuI-Tech Engineering, Inc., for the widening of Airport- Pulling Road, Collier County Project No. 62031, CIE No. 55, RFP No. 00- 3081. Approve sole source purchase of "Tideflex" valves for outfall pipes under US 41/Davis Boulevard Intersection, Project 31805. Approve a bare license agreement between Collier County and WCI Communities, Inc., for use of vacant county-owned property. Approve a Resolution providing for the establishment of an ADHOC Advisory Committee to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange and the Golden Gate Parkway Corridor as the Gateway to Naples and Golden Gate City. C. PUBLIC UTILITIES 1) Approve the satisfaction of lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. 2) Approve Amendment No. 9 to the Professional Services Agreement with Humiston and Moore Engineers for work associated with the Big Marco and Capri Pass Inlet Management Plan. 3) Approve Change Order No. I to Amendment No. 6 of the Professional Services Agreement with Humiston and Moore Engineers for the Big Marco Pass and Capri Pass Inlet Management Plan. 4) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 8 February 27, 2001 5) 6) 7) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Adopt a Resolution approving the satisfaction of liens for Solid Waste 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. Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 8) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. 9) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. 10) Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. 11)Authorize a Work Order under the fixed term structural engineering services contract with Kris Jain and Associates, Inc., for design of a storage building for the North County Water Reclamation Facility. D. PUBLIC SERVICES 1) Award of Bid 00-3186 for the re-decking of the existing boardwalks at Tigertail Beach. 2) Acceptance of an additional $62,667 in State Aid to Libraries in FY01. 3) Approve road closure of State Road 29 for Roberts Ranch Roundup Cattle Drive. 4) Approve a change order for Vineyards Community Park Project. 9 February 27, 2001 E. SUPPORTSERVICES 1) Recommendation to amend County purchasing policy to modify current staff authority and expedite project delivery schedules. 2) Recommendation to declare certain county-owned property as surplus and authorize a sale of surplus property and approve sale of surplus Bid No. 00-3160 double-wide trailer to Suncoast Steel. EMERGENCY SERVICES 1) Award Bid No. 00-3155 for the purchase of expendable medical supplies for the Emergency Medical Services Department. G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #01-185. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 258 in the Lawsuit entitled Collier County v. David G. Hurlbut, Jr., Trustee, et al, Case No. 00-1398-CA (Golden Gate Boulevard, Project No. 63041). 2) Approve the Stipulated Final Judgment providing payment for the County's interest in Parcels 101 and 803 acquired by Florida Department of Transportation in State of Florida Department of Transportation v. John N. Brugger, as Trustee, et aL 1o February 27, 2001 3) A Resolution clarifying the membership of the Collier County Community Health Care Planning and Finance Committee. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. Approve Repeal of Collier County Ordinance 74-3 Establishing the Golden Gate Fire Control District Municipal Service Taxing Unit In Its Entirety. B. Approve Repeal of Collier County Ordinance 75-9 That Called for a Referendum to Establish the Collier County Fire Control District One In Its Entirety. Recommendation to accept a settlement proposal in the case of Walden Oaks of Naples Homeowners Association inc., et al v. Collier County and BIC's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA pending in the Twentieth Judicial Circuit Court, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. il February 27, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 27, 2001 ADD: 5 (A) 1 PROCLAMATION: Proclamation of the Board of County Commissioners of Collier County to declare a State of Emergency for all territory within the legal boundaries of Collier County including all Incorporated and Unincorporated areas. (Staff,s request) MOVE: 16 (B) 8 TO 8 (B) 1: Request Board direction to establish a proposed Livingston Road Beautification MSTU. (Staff,s request) CONTINUE: 10 A to March 13, 2001 BCC Meetin.q: Discussion regarding County's support for North Belle Meade CARL Acquisition. (Commissioner Mac'Kie) ADD: 10F: Discussion regarding Santa Barbara Extension alignment. (Commissioner Fiala) ADD: 10 G: Discussion regarding Pelican Bay (Commissioner Fiala) Dependent District CONTINUE: 16 (A) 5 Indefinitely: Final acceptance of water utility facilities for Boyne South. (Staff's request) CONTINUE: 17 (C) to March 13, 2001 BCC Meetin.q: Recommendation to accept a settlement proposal in the case of Walden Oaks of Naples Homeowners Association Inc., et al v. Collier County and BIC's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA pending in the Twentieth Judicial Circuit Court, Collier County, Florida. (Staff's request) EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE LAZARO BLANCO, SENIOR EQUIPMENT OPERATOR, STORMWATER MANAGEMENT DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR FEBRUARY 2001. 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: Lazaro Blanco has bebn employed with Collier County for over 20 years and'h~,s been with the Stormwater Management Department for 18 years. Lazaro is an excellent team player and is always willing to assist his fellow co-workers. Lazaro started out in the Stormwater Management Department as an Equipment Operator I. Learning many skills along the way he was promoted to Sr. Equipment Operator. The Stormwater Management Department has received numerous letters of thanks for the excellent and professional services they have received from the Department, quoting the work was completed by Lazaro. Lazaro is a good example of someone who "Exceeds Customer Expectations" and without hesitation has been chosen as Employee of the Month for February 2001. 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 Lazaro Blanco, Senior Equipment Operator, Stormwater Management Department, be recognized as the "E, mployee of the Montlh" for February 2001. _ ,L Mary-Jo Brock,Administrative Secretary, County Mahager s Ordce T~o~as ~. Olliff, C~nager AGENDA No....z:: ,,~ I~EM FEB 2 ? 200i Pg._ ~ _ EXECUTIVE SUMMARY TO PRESENT THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE BOARD OF COUNTY COMMISSIONERS. OBJECTIVE: To present the Certificate of Achievement for Excellence in Financial Reporting to the Board of County Commissioners. CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio Clerk to the Board of County Commissioners is responsible for coordination of the annual independent audit along with the production of the comprehensive annual financial report (CAFR). In this role, the Clerk participates in the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting Program. Established by the GFOA in 1945, this program encourages governments to publish a readable CAFR covering all transactions of th6 government during the fiscal year. The GFOA, along with the Clerk of the Circuit Court, believes that governments have a responsibility to provide the public with a fair presentation of their financial affairs. The comprehensive annual financial reports prepared by Collier County go beyond the requirements of generally accepted accounting principles by providing financial statement users a wide variety of information with which to evaluate the County's financial condition. This year marks the fourteenth consecutive year that Collier County has received the GFOA certificate. It is with great pride that we present to the Board the certificate for the fourteenth consecutive year. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners accept the GFOA Certificate of Achievement for Excellence in Financial Reporting as presented. Prepared By: //~ .~~~ Date: ~t/mes L. IVfi{chell, CIA, CFE, CBA ~ of F~nance and Accounting Reviewed By: Date: AGENDA ITEM No._/j FEB 27 2001 Pg.___ / ,.. EXECUTIVE S UMMAR Y TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000. OBJECTIVE: To present to the Board of County Commissioners the comprehensive annual financial report for the fiscal year ended September 30, 2000. CONSIDERATIONS: The Clerk of the Circuit Court, serving in the capacity of Ex-Officio Clerk to the Board of County Commissioners, is responsible for the coordination of the annual independent audit along with the production of the comprehensive annual financial report. In this role, the Clerk is pleased to present to the Board the comprehensive annual financial report for the fiscal year ended September 30, 2000. The comprehensive annual financial report (CAFR) represents a significant investment of effort by both the Finance and Accounting Department and County staff. We would like to express our sincere appreciation to KPMG LLP, the Board, the other Constitutional Officers, the County Manager, the Division Administrators and the Department Directors, not only for their assistance with the CAFR, but for their cooperation throughout the year in matters pertaining to the financial affairs of Collier County. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Collier County Board of County Commissioners accept the comprehensive annual financial report for the period ended September 30, 2000. Prepared By:-~w.,~A .~'./~'/~4~ (,.flames L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Reviewed By: Dwight E. Brock Clerk of the Circuit Court Date: AGENDA iTEM' FEB 2 ? 2001 EXECUTIVE SUMMARY REPORT TO THE BOARD OF COUNTY COMMISSIONERS REGARDING THE CURRENT STRUCTURE OF THE POLICIES AND REGULATIONS FOR COMMERCIAL :-EKCAVATIONS AND REQUEST DIRECTION FROM THE BOARD TO STAFF P .G ING THOSE REGULATIONS. "~ OBJECTIVE: Advise the Board of County Commissioners on the current structure of regulations governing Commercial Excavations, with specific reference to those located in the Estates zoning District. Obtain direction from the Board concerning the potential amendment to the current regulations governing excavations to insure that excavation land uses have minimal impacts on residentially developed properties, and function in a manner that is in the best interest of the entire community. CONSIDERATIONS: The rural character of the Estates and Agriculturally-zoned areas of the County is changing. These areas are popular for residential development, hence they are becoming more urbanized. As a result, excavation activity impacts more residentially developed property in these areas than it has in the past. The following is a summary of the issues described by the public with respect to commercial earthmining operations. At the direction of the Board, staff has prepared a detailed report (attached) with policy recommendations related to commercial excavations in the Golden Gate Estates zoning district. FISCAL IMPACT: This request by and of itself will have no fiscal impact on the County. Should the Board direct staff to amend the Land Development Code, a more detailed fiscal analysis, if applicable will be prepared at that time. GROWTH MANAGEMENT IMPACT: The consideration and/or approval of this request will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: It is staff's opinion that the current regulatory mechanism in place regarding Environmental and Water Management concerns are sufficient, but may not address the cumulative impacts of a large number of smaller fill operations. More research in concerning the impacts to environmental concerns is required. 1 AGENDA NO. ~ FEB 2 7 2001 HISTORIC/ARCHAEOLOGICAL IMPACT: Not applicable to this request. EAC RECOMMENDATION: The EAC was not required to review the attached report. Any subsequent amendments to the Land Development Code as a result of Board direction will have to be brought before the EAC for consideration. PLANNING COMMISSION RECOMMENDATION: The Planning Commission was not required to review the attached report. Any subsequent amendments to the Land Development Code as a result of Board direction will be required to be brought before the Planning Commission for consideration. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners consider the attached report and provide staff policy direction related to commercial excavations in the Golden Gate Estates area. 2 AGENDA ITEM FEB 7 ZOOl PREPARED BY: ../~USAN MURRAY, AICP CHIEF PLANNER -'~ ,/',.'://~£ o / DATE REVIEWED BY: ,r _./ / , 'RONALD F. NINO, AICP, MX'NAdER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE. AICP, DIRECTOR PLAN'NIN G SERVICES ( -/,J'-o.' DATE APPROVED BY: JOHN hi. DUNNUCK, III INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVI.RONMENTAL SVCS. This request has been tentatively scheduled for the February 27, 2001 Board of County Commissioners Meeting. AGENDA ITEM No. FEB 2 7 2001 Commercial Excavations in Golden Gate Estates: History, Concerns and policy Recommendations HISTORY/ISSUES: In the summer of 1999, the Planning Services Department was directed by the Board of County Commissioners to establish interim policies relative to the issuance of permits for Commercial Excavations in the Estates zoning district. The purpose of the policy was to allow property owners in the Estates zoning district to remove fill from their site, although at the time there was no regulatory mechanism in place to do so. Apparently there were a number of cases whereby a property owner wanted to dig a lake for either aesthetic or functional purposes, and needed to remove excess fill from their site. Staff was directed to implement the interim policy to allow the property owners to remove fill, until appropriate revisions to the County's Land Development Code could be made. To date, no amendments to the Land Development Code have been made relative to those policies. As a follow up to discussion held at the January 23, 2001 Board meeting, a copy of the current policies which are being utilized by staff. and which were endorsed by the Board in 1999, was forwarded to each Commissioner by Tom Kuck, Engineering Review Manager. on January 25. 2001, and are also described below. Staff has not had any specific discussions with the current Commission in regard to their concerns over earthmining operations located in the Estates and the Rural Agricultural zoning districts. Given the status of the current regulatory mechanism. public input, and former direction fi'om the board, staff has compiled the following information and offers conclusions and recommendations to address current issues associated with Earthmining operations in these areas. The following is a summary of the issues described by the public with respect to commercial earthmining operations. This information was collected by staff at public hearings for Conditional Use approvals for Earthmining Operations in the Agricultural zoning District. a. Blasting - noise, safety concerns, concerns over damage to property. Noise from heavy mining equipment and passing trucks hauling dirt to and from the site. Dust created by digging, equipment traversing the site, and trucks hauling dirt travelling back and forth on unimproved roads. Destruction of private, unimproved road caused by large vehicles, and the increase in cost to maintain/repair roads. 1 F A~NDA e. Hours of operation are disruptive. More than one small pit located in the same area multiplies the negative impacts, and stretches the duration of activity over many years, rather than the typical 1 or 2 years associated with a singular small pit. Safety concerns associated with conflicts between large numbers of trucks travelling in the same space used by pedestrians, including small children. Existing private roads are unimproved and not built to standards to accommodate large truck traffic. Upon completion of the operation. the property' remaining could be left barren and undevelopable. j. Undevelopable propert)' is without economic value. which creates a disincentive for the property owners to continue to pay property taxes and maintain the property. Staff acknowledges and agrees that these are problems. and recognizes the following additional issues related to the implementation of the current code and policies: 1. View of the site from the road and abutting properties needs to be acceptable. Neighborhood blight concerns and problems with property abandonment if leftover land is undevelopable. This causes neighborhood degradation and loss of tax revenue. The current methodology used to determine road impact fees as it relates to distance traveled is subjective in nature. It relies on information provided to staff by the applicant. The legitimacy of this information is difficult to verify and isn't monitored over time due to resource constraints and historical lock of policy direction with respect to such monitoring. The length of the operation of the excavation has a significant impact on the amount of impact fees charged and places an unfair financial burden on smaller fill operations. 5. Permit fees currently charged for Commercial Excavation Permits don't distinguish between the different sizes of the excavation operation. It is staffs opinion that the current regulatory mechanism in place regarding Environmental and Water Management concerns are sufficient, but may not address the cumulative impacts of a large number of smaller fill operations. More research in this area is required. AGENDA ITEM No. ~ FEB 2 7 2091 2 CURRENT REGULATIONS: There are 3 types of excavations for which different permits can be issued: Commercial, Private and Development. The Land Development Code defines a Commercial Excavation as any excavation wherein the excavated material is removed from the subject property. Private Excavations, are defined as excavations where the excavated material is not removed from the property and where the disturbed surface area at grade does not exceed two acres. Development Excavations are considered to be any excavation located within the boundaries of a planned unit development, subdivision development, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject site. Commercial and Development Excavation permits are of indefinite duration or until the excavation reaches the limits of permitted size provided activity is maintained (except if located in the Estates by policy). Commercial Excavation permits are brought before the EAC if they are in excess of 500,000 cubic yards for recommendation. and regardless of their size, to the BCC for consideration and approval, on the consent agenda. Current regulations require conditional use approval in order to conduct a Commercial Excavation in the Agricultural zoning district. The code allows, as an accessory use to an agricultural operation, off-site hauling of excavated material less than 4,000 cubic yards. This is not subject to the Commercial Excavation permit requirement or the Conditional Use process. Different from the regulations in the Agricultural zoning district, the Estates zoning district does not regulate the off-site removal of fill. either as an accessory or permitted use. In 1999, the Board determined that it is reasonable, and that in some cases it may be necessary, for property owners in the Estates zoning district to excavate a minimum amount of fill material and haul it off site. This need could come as a result of a property owner's desire to dig a lake on the property for aesthetic or functional purposes, or as a need for fill to construct buildings on site. Consequently, the Board gave staff direction to develop interim policies, which would address the need for property owners in the Estates to haul fill off site. The policies which have been endorsed by the previous Board and applied by staff do not establish a minimum amount of fill one can excavate and haul off-site for individual (non-commercial) purposes. The policies appear to have been written to address larger scale commercial excavations, where the intent is to haul a significant amount of fill off-site for monetary gain. The information presented below represents the current Policy under which Commercial Excavations Permits are issued in the Estates zoning district. Criteria Excavation is commercial. Board of County Commissioners (BCC) approval required (consent agenda). EAC approval if greater than 500.000 C.Y. 1-year limit of operation with provision for 1-year extension. FEB 2 ? 2001 5. No blasting permitted. 6. All disturbed areas to be seeded and mulched. 7. Work hours: 7:00 a.m. to 5:00 p.m. Monday through Friday. Submittal Excavation application. $850 excavation application fee. Site Plan to include: a) Lake location and size: 1. Up to a 5 ac. Parcel - lake area 40% of parcel maximum: between 5-10 ac. - 45q~ of parcel maximum: greater' than 10 ac. - 50% of parcel maximum. 2. Shape of lake to be irregular. 3. Minimum setbacks: a) 50' from side and rear property lines. ~20' if proper fencing is used and a native canopy tree is placed every 30' ). b) 50' from front propert.,,' lines with no exception b) Lake cross-section: 1. Maximum depth - 20' below existing ground. 2. Minimum depth - 6' below dry season water table. 3. Maximum side slopes - 4:1 to 3' below low water and then 2:1. Building site location - (minimum l-acre) Building envelope to be shown. d) Stockpile location: 1. Stockpile area at a maximum of 1 acre beyond lake limits. 2. Stockpile area may be shown as a future home site. e) Littoral plantings required for' 10% of lake bank. Plantings list to be provided. f) Erosion control details. Plan to be siloned and sealed bv an Engineer re~oistered in the State of Florida. Clearing permit application: al Application signed by owner or authorized agent. b) Site clearing plans showing limits of clearing and vegetation inventory (i.e. pine flatwoods). c) Existing vegetation shall be retained outside lake footprint and building site. 5) Proof of ownership. 6) Boundary survey. 7) Log of soil boring: a) 1 per acre of lake. (max. of 3) b) Minimum depth of 1' below bottom of excavation. 8) Road Impact Fee (based on 2-year schedule). 9) Permit Fee. 10) Performance guarantee/restoration security - $0.25 per C.Y., but no less than $10.000. 11 ) Location map on 8 1/2" x 11" paper. 12) Right-of-way Permit application. 4 13) Engineer or Professional Land Surveyor certification as to depth and sideslope prior to return of performance guarantee. These requirements are supplementary to Divisions 3.5. Excavation', and 3.9, Vegetation Removal, Protection and Preservation. of the Collier County Land Development Code and subject to Transportation Services Division "Standard Conditions". Road Impact Fees: The applicant is required to submit the following information at the time of Commercial Excavation Permit application: duration of the excavation (in years); excavated yardage (cubic yards): total Trip Length (one way in miles). That information is entered into a worksheet, which is used to calculate the required impact fee (see "Analysis of Existing Conditions," below). Road Impact fees collected at the time of issuance of Commercial Excavation Permits are required to be used in the same Road hnpact Fee District in which the property is located. ANALYSIS OF EXISTING CONDITIONS: Growth and Development: As land in the area designated "Urban" on the Future Land Use Map becomes more developed. the County is experiencing a significant increase in residential development in more rural areas of the County, specifically in the Golden Gate Estates and in the Agriculturally zoned areas. The once rural character of the Estates and Agriculturally zoned areas of the County is changing and they are becoming more urbanized. As a result, excavation activities in the Estates impact more residentially developed property than they have in the past. Permits Issued in 2000: In the year 2000, the Planning Services Department issued a total of 49 Excavation .Permits. Of those 49 permits, 15 permits were issued for Commercial Excavations in the Estates zoning district. and 3 were issued in the Rural Agricultural zoning district. The remaining permits were issued for golf course or residential uses, where no off-site hauling was required. Staff estimates that the average amount of fill needed for a single family home in the Estates zoning district, including driveway, garage and drainfield, is approximately 2,000 cubic yards per site. The average dump truck hauls 16 cubic yards of fill per load, thus approximately 125 one-way trips are required to provide 2.000 cubic yards of fill per Estates home site. In some cases the economic value of the Agricultural or Estates-zoned property is found in extracted fill, rather than residential development. This allows property owners to realize an immediate monetary gain on property with a lower present day value, and makes small-scale excavations a common occurence. The size of the excavations / FEB 27 2 B1 typically conducted in the Estates range from 40,000 to 80,000 cubic yards, and typically last 1 to 2 years. The Planning Services Department processed six applications for conditional uses related to Earthmining/Excavations in the Agricultural zoning district, in the year 2000. As residential development in the Estates and Agriculturally zoned areas of the County increases. the likelihood of conflicts between residential property owners and the commercial aspects of Earthmining. increases significantly. Evidence of this is noted by the increasing attendance at public hearings held for petitions considering Conditional Use approval requests for Earthmining. especially for those located on smaller sites (2.25 acres - 10 acres). . Road Impact fees: The Road Impact Fee Ordinance does not specifically address earthmining as a land use. Historically. the Board and staff have treated an earthmining activity as a "temporary" use. however road impact fees have been assessed as if the earthmining were the ultimate land use. As will be mentioned later in this document. the Transportation Services Division is preparing to present an alternative to this treatment of earthmining as a land use to the Board along with an alternative basis and method for the determination of the appropriate fee. A portion of the calculation in determining the proper Road Impact Fee to charge the ' applicant relies on an estimate of one-way trip length. This trip length is defined as the travel distance from the location of the mining activity to the customer's drop-off point. The applicant provides this estimate to staff, at the time of permit application. There is no reliable or consistent mechanism in place for staff to verify the legitimacy of this information. lmpact fees are paid, one time, at the time of permit application. There are several unknown factors associated with this type of procedure. Drop off points for excavated fill changes over time. Market conditions may change. the location of the customer base may change. and different areas of the County mav experience a greater need for fill than was originally anticipated at the time of permit application. The .road impact fee calculation associated with excavations is a one-time calculation, which is not re-evaluated by staff on an annual or semi-annual basis. A variation in the total trip length of one mile can result in the doubling of required impact fees [see Exhibit 1 (A) and 1 (B)]. Count,',' staff does not monitor actual travel distances. All of these factors could greatly increase or decrease the actual trip lengths conducted over the life of the excavation. At the time of permit application, the applicant is required to provide the estimated time in years to excavate the amount of fill on the property. The duration of the excavation is also used to calculate the road impact fee. Using the'adopted fee calculation methodology, however, a one-year difference in time could result in a 50 percent decrease in required impact fees [see Exhibit 2 (A) and 2 (B)]. Staff presently does not have the resources to verify and monitor this travel distance and time factor. One should AGENDA ITEM FEB 2 7 2001 also consider that the difference in cost could create a monetary disincentive for excavation owners to expedite the extraction of fill on their site, placing an unfair burden on neighboring residential property owners who must unnecessarily endure a lengthy excavation period for smaller operations. Because of the lack of ability to verify and monitor that information, current policy is to assign a two-year time span, and an 8 mile average haul distance to every Commercial Excavation located in the Estates, regardless of the size operation. A more reasonable way to approach an impact fee calculation would be to charge a set rate per cubic yard that could be based on the amount of fill planned to be excavated from the pit, at the time of permit application. At the termination of the operation, the amount of fill removed could be re-evaluated, and the applicant could be charged an additional amount if necessary, or receive a refund. The current Road Impact Fee Ordinance or appropriate ordinance, should be amended to charge on a per-cubic-yard basis for all fill removed as a result of an excavation operation of a defined size. That fee should recognize the effects and consequences of earth mining activities. It could be defined as a Maintenance and Operational fee, which could be used to fund maintenance and operational needs of the roadway network system. The Transportation Services Division will also provide input relative to this proposal at the discussion at the Board meeting on February 27, 2001. Other factors: Given the current rate of development in the County, it is important to recognize that there is a vital need for fill. Smaller earthmining operations in the Estates and Agricultural zoning districts, which compete with the existing larger operations, regulates the price for fill and ultimately the cost to the property owner to construct a home. Development of property within the Estates and Agriculturally zoned districts will require the hauling of fill material by truck throughout these areas. The presence of local pits could provide fill to nearby development and could lessen the road-miles traveled by large trucks on public and private roads. Without the smaller pits, fill will have to be transported longer distances from a few larger pits. Regardless of the Excavation's location, truck traffic will be present on roads located in the Estates to some degree, in order to allow for the development of property. There is no regulatory mechanism that requires smaller local pits to serve a local market area. Obviously, profit realized by local, smaller earthmining operations is proportional to the distance which the trucks are required to haul fill, so there is a built in incentive for earthmining operators to be located relatively close to their target market. CONCLUSIONS/RECOMMENDATIONS: Should the Board of County Commissioners decide to allow Commercial Excavations to. continue in the Estates zoning district, staff recommends the Board direct staff to take the following actions in order to address the aforementioned public and staff related issues: 7 AGF~DA ITEM No._ ~,~ i FEB 2 ? 2001 1. Amend the Estates zoning district in the Land Development Code, specifically the section titled uses accessory to per~nitted uses, to allow for a defined amount of fill to be excavated and hauled off-site for personal use when the property owner desires to dig a pond. 2. Amend the Estates zoning district in the Land Development Code to define a conm~ercial excavation as: hauling a defined amount of material off-site; and, require that to coilduct a Commercial Excavation on the Estates zoning district, Conditional Use approval is required. 3. Direct staff to evaluate the currenl policy regarding Commercial Excavations in the Estates zoning district. Based on that evaluation, prepare an amendment to the Estates zoning district in the Land Development Code requiring minimum standards for excavations in the Estates zoning district which addresses the follov,'ing issues: A. Lake Size - to assure that the duration of the excavation is not unreasonable. the remaining property is developable. the remaining lake is aesthetically pleasing to neighboring property oxvners and pass by traffic and that there are no significant environmental innpacts associated with digging the lake. B. Duration of Excavation - minimize impacts to neighboring residences and provide a incentive to excavators to complete their excavation in a reasonable time frame. C. Setbacks: assure proper separation between uses. and public safety and aesthetic considerations. D. Propert,,,' Restoration: assure remaining property is usable and aesthetically appealing. E. Dust maintenance provisions: assure public safety and minimize negative impacts on neighboring property owners. F. Limitation on the number of simultaneous pits in the same area: minimize impacts tO the surrounding neighborhood and to the environment. G. Defined developable area retained: assure remaining property is usable and retains value. H. Dewatering - prohibit dewatering in the Estates zoning district in association with Commercial Excavations. Address inconsistencies and subjectivity in the present methodology of calculating road impact fees for Commercial Excavation Permit applicants by directing staff to develop a separate ordinance addressing earthmining as a unique land use not otherwise defined. The current Road Impact Fee Ordinance and/or appropriate / FEB 272001 ordinanc.e, should be amended to charge on a per-cubic-yard basis for all fill removed as a result of an excavation operation of a defined size. That fee should recognize the effects and consequences of earth mining activities. It could be defined as a Maintenance and Operational fee, which could be used to fund maintenance and operational needs of the roadway network system. The Transportation Services Division will also provide input relative to this proposal at the Board meeting on February 27, 2001. 5. Address inconsistencies in the present methodology of calculating fees for permit applications for Commercial Excavation Permits. 6. Evaluate to a greater extent, the environmental impact of a large number of smaller lakes in the Estates zoning district. Should the Board of County Commissioners decide they do not wish to allow Commercial Excavations to continue to occur in the Estate zoning district, then staff recommends the Board direct staff to take the following actions. 1. Amend the Estates zoning district in the Land Development Code, specifically the section titled uses accesso.rv to permitted uses, to allow for a defined amount of fill to be excavated and hauled off-site for personal use when the property owner desires to dig a pond. 2. Address inconsistencies and subjectivity in the present methodology of calculating road impact fees for Commercial Excavation Permit applicants by directing staff to develop a separate ordinance addressing earthmining as a unique land use not otherwise defined. That ordinance will be proposed at the Transportation Services Division workshop with the Board of County Commissioners on March 2, 2001. 3. Address inconsistencies in the present methodology of calculating fees for permit applications for Commercial Excavation Permits. Report Prepared for the Board of County Commissioners by the Collier County Planning Services Department Principal Author: Susan Murray, AICP, Chief Planner with assistance from Stan Chrzanowski, PE, Senior Engineer and Ed Kant, PE, Director, Transportation Operations Date: February 13, 2001 9 ~ x tu u. u= 0 0 u. o zl.- ~ AGENOA ITEM No. FEB g 7 ZOO1 r~ X ~ UJ U. o o o o o AGENDA iTEM No. , _~,~ FEB 2 ? 2001 o o o o / ? AGENDA iTEM FEB 2 ? ZOO1 AGENDA ITEM No. FEB 2 7 2001 EXECUTIVESUMMARY APPROVE REQUEST TO TERMINATE COASTAL ENGINEERING FROM REMAINING CONTRACTS WITH COLLIER COUNTY AND APPROVE RETENTION OF REPLACEMENT ENGINEERS TO FINISH PROJECTS, WHEN AND AS NECESSARY, AND APPROVE ANY NECESSARY BUDGET AMENDMENTS. OBJECTIVES: To obtain Board of County Commissioners approval for termination of all current agreements with Coastal Engineering Consultants, Inc. and, especially, as they pertain to beach restoration and renourishment projects involving Collier County beaches..~dditionally, approval is requested for any budget amendments necessary to accomplish this goal. CONSIDERATION: Collier County is currently involved in a lawsuit entitled Board of Count5., Commissioners of Collier County v. Coastal Engineering Consultants, Inc., et a/.,Case No. 00-1901-CA-THB. In this litigation filed on June 2, 2000, the'County has alleged in its Complaint that the defendant, Coastal Engineering Consultants, Inc., '(hereinafter referred to as "Coastal Engineering"), breached its agreements to properly render planning, design, permitting, consulting, contract administration, overseeing and other services in connection with the design, construction and completion of the Collier County Beach Restoration and Management Plan. At this juncture, it is recommended that any and all contracts/purchase orders dealing with the beach restoration and renourishment project be terminated for cause and the remaining open contracts/purchase orders be terminated for convenience. Rationale for Termination: Preliminarily, it was the consensus of staff that the termination of Coastal Engineering from all of the outstanding contracts/purchase orders should be accomplished by a negotiated settlement in order to allow for an orderly transition. Efforts internally and with Coastal Engineering or its legal counsel were employed but, unfortunately, as of this date, no settlement has been achieved with regards to the termination of the contracts/purchase orders with Coastal Engineering. Thus, this request for termination. As to the outstanding contracts/purchase orders dealing with the Collier County beach restoration and renourishment project, Coastal Engineering should be terminated for cause in accordance with the provisions of Section 12.1 of the Professional Services Agreements based upon the allegations in the Complaint, which is the subject of the presently pending litigation referenced above. Moreover, compounding the problem is the fact that, since the litigation is ongoing, Collier County is ethically precluded from dealing directly with its agent, Coastal Engineering, and has to go through Coastal Engineering's attorney in order to have communications. This is not only inefficient but casts doubt on the ability of Coastal Engineering to properly perform its fiduciary obligation to Collier County. AGENDA I~.~' ,M ~, FEB 2 7 2001 Pg- ~ Executive Summary Page 2 of 2 All remaining contracts/purchase orders should be terminated in accordance with the provisions of Section 12.3 of the Professional Services Agreements on the basis of termination for convenience. The continuing of Coastal Engineering on any of the open contracts/purchase orders is inappropriate since the agent, Coastal Engineering, is in adversarial litigation with its principal, Collier County. Therefore, it is difficult for an agent to rationalize how it can continue to operate in the best interests of its principal, Collier County, when the two parties are actively engaged in litigation, for which its very success depends upon the parties protecting their own self-interests. Lastly, the same rationale that has been applied to the contracts/purchase orders termination for convenience, applies equally to the termination of the Coastal Engineering in the beach restoration and renourishment projects referenced above for cause. FISCAL IMPACT: There will be additional costs associated with hiring new replacement engineers, however these are not thought to be substantial at this time. The County has alleged and made demand for substantial damages in the pending aforementioned lawsuit. GROWTH MAMAGEMENT: There is no impact on growth management. RECOMMENDATION: Approve staff' s request for termination of all contracts with Coastal Engineering and the hiring of replacement engineers, as needed, from existing competitively prepared lists, as well as from any new requests for professional services, plus any necessitated budget amendments. ZWi~li~tm'i~; Mountford' Assistant County Attorney PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: APPROVED BY: Harry Huber, Project Manager Parks & Recreation Jir~Mudd, Director Public Utilities David C. Weigel, Countydk,~torney Thomas C. Oliff, County Manager 2 DATE: DATE: DATE: AO-.~-ND.A ~ ~ FEB 2 7 2001 COASTAL ENGINEERING CONSULTANTS OPEN PURCHASE ORDERS DESCRIPTION Expert testimony (CC vs. Bendott) Annual land surveying work order Annual land surveying work order Wiggins Pass Inlet Mngt. Plan Beach Restoration and Mngt Plan Annual Monitoring Services Total Open P.O.s (January 2001) P.O. BALANCE $10,935 $1,500 $3,000 $59,596 $121,785 $1,676 $198,492 AGENDA ITEM No. ' FEB 2 7 2001 pg. -~ , EXECUTIVE SUMMARY APPROVAL OF THE COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT OPPORTUNITY PLAN. OBJECTIVE: To request BCC approval of the Collier County Government Equal Employment Opportunity Plan to meet the Department of Justice's audit requirement for recipients of grant funding. CONSIDERATIONS: The BCC is the grantee for grant funding received by the Sheriff's Office from the U.S. Department of Justice. The Department of Justice requires the grantee to have an Equal Employment Opportunity Plan (EEOP). The purpose of an EEO Plan is to ensure full and equal participation of men and women regardless of race or national origin in the workforce of the recipient. As a recipient, the Board Agency is required to maintain an EEOP on file for review by the Office of Justice during their monitoring visits. An EEOP is a document that analyzes the agency's workforce in comparison to its relevant labor market data and all agency employment practices to determine their impact on the basis of race, sex, or national origin. The report includes the County's EEO Policy, the results of the comparison of labor market data, and goals and objectives to overcome any deficiencies. The plan has been reviewed by the County Attorney's Office. FISCAL IMPACT: There is no fiscal impact for the plan. However, the EEOP is a grant requirement for receiving the grant funding.. The Sheriff's Office effective grants awards total $9,938 from the U.S. Justice Department. Failure to have an EEOP could result in suspension of draw down of funds until an EEOP has been approved. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this project. RECOMMENDATION: It is recommended that the Board approve the Collier County Board Agency Equal Employment Opportunity Plan. SUBMITTED BY: REVIEWED BY: 'l~eorge P. Bradley, Human Resources Director / Jo-Anne Leamer, Support Services Administrator Collier County Equal Employment Opportunity Plan Introduction This Equal Employment Opportunity Plan has been developed by the Human Resources Department of Collier County Government to comply with its legal obligations and in furtherance of its policy of providing equal employment. Goals have been established to this policy and will be used to further our objectives of equal employment opportunity. The plan is designed to provide guidance to management with respect to Collier County's commitment to_ full implementation of its Equal Opportunity Plan. This plan is for the period of October 1, 2000 through September 30, 2001. The Collier County Board of Commissioners is the Grantee for U.S. Department of Justice Grants to the Collier County Sheriff's Office. The Sheriff's Grant numbers are as follows: 1999SHWX0314 98CLWX0131 95CCWX0265 98LBVX4249 . 2000LBVX0998 2000APVX0483 01CCJJ1092101001 2000SHWX0839 2000CMWX0058 01 CJ9M092101223 99LBVX7088 99APVX0568 00DVF 1092101042 V0009 For information regarding the Sheriffs projects, contact Joyce Houran, Grant Coordinator at 941-793-9346. As the chief policy-determining body of the County, the Collier County Board of Commissioners is responsible for providing the residents of Collier County services that protect their health, safety and welfare. To this end, the Board hires a County Administrator to manage the operations that provide quality services to the citizens. The main Collier County Government Center is located at 3301 Tamiami Trail East, Naples, Florida 34112. Personnel Management Overview The Collier County Board of Commissioners establishes Human Resources policies and the County's Human Resources Department develops the procedures to administer the policies. These Human Resources procedures are compiled in a manual, which is distributed and reviewed with all employees at their date of hire. The manual is updated as necessary to meet the needs of the organization. All revisions are approved by the Office of the County Administrator and distributed to existing employees for inclusion in their copy of the procedures. FEB 2 7j27 01 Collier County Equal Employment Opportunity Plan Page 2 of 5 Collier County Policy The Human Resources Practices and Procedures manual contains the County's Equal Employment Opportunity procedure. This procedure was established effective October 1, 1990, and has recently been updated by the County Administrator effective March 17, 1999. The procedure follows: It is the practice of the County to ensure that all Human Resources procedures are in compliance with state and federal law. The County prohibits discrimilmtion as defined by the state and federal law. All Human Resources practices, including compensation, benefits, discipline, safety, as well as social and recreational activities will be administered and conducted in compliance with state and federal law. All recruitment, selection, placement, promotion, transfer, training, and layoff decisions will be based solely on the candidates/employee's job-related qualifications and abilities. Seniority may be considered, as a factor given other factors are equal. An outreach program may be utilized to recruit, hire ad ensure advancement of qualified minority group members, women, disabled individuals and veterans. Collier County Government will take necessary steps to ensure that the work environment is free of unlawful discrimination or harassment. The organization will continue to review its Human Resources procedures to ensure that its .supervisors and managers adhere to its commitment to Equal Employment Opportunity (EEO) principles. Employees who have EEO-related questions, comments, or complaints are encouraged to discuss them with their supervisor. If they 'are unable to resolve the situation through their supervisor, they may discuss it with their Department Director, Division Administrator or a representative from the Human Resources Department. The employee may also utilize the Commitment to Fair Treatment Procedure. FEB 2 7 ;7OOl Collier County Equal Employment Opportunity Plan Page 3 of 5 Utilization Analysis Attachment "A is the Collier County Board of Commissioners' Workforce Analysis. Please note that the Collier County Board's workforce is comprised of employees for five (5) of the EEO categories - Officials/Administrators, Professionals, Technicians, Office/Clerical, and Service and/or Maintenance. Attachment "B" is the Community Labor Statistics for the five applicable EEI categories utilizing the 1990 U.S. Census data. Attachment "C: is the Utilization Analysis derived from the comparison of the Board's workforce to the labor market data. Relevant information regarding the Utilization analysis is provided below: Overall, the Collier County Board's workforce is underutilized in the areas of female employees in the EEO categories of Officials and Managers, Technicians and Service fMaintenance Workers. 2. Also underutilized are Male employees in the category of Office/Clerical and Hispanic male employees in the category of ServicerMaintenance Workers. 3. Black males are well represented in the categories of Professionals, Technicians and Office/Clerical. 4. Hispanic males are well represented in the categories of Technicians and Office/Clerical. Obiectives It is our objective to increase. female representation in our workforce. it is our goal to increase females in upper level positions to be consistent with the Community Labor Workforce. It is our goal to increase the minority populations in the categories that are underutilized. It is our objective to increase the awareness &hiring authorities of the county's statistics in employee population in relation to gender and race. ,,o. FEB 2 7 2001 Collier County Equal Employment Opportunity Plan Page 4 of 5 Steps to Achieve to Obiectives 1. Networks will be developed with local professional women's and minority associations to encourage qualified applicants. 2. The relationship with the Black and Hispanic Advisory Boards will be utilized to encourage input when vacancies occur in professional and administrative positions. 3. A relationship with the NAACP will be utilized to encourage input when vacancies occur in professional and administrative positions. 4. The practice of posting vacancies on the Intemet as well as utilizing a "Jobs Hot Line" phone number will be continued. ' ? 5. Advertising in local minority publications will be continued. 6. The practice of mailing weekly job postings to local job service centers will be continued. Examples of centers that receive to County's weekly job vacancies include the State of Florida Division of Rehabilitation; Florida Gulf Coast University's Career Development Center, International College Career Development Center, and the Florida Job Service. 7. Systems will be implemented to monitor employees, terminations, retirements and new hire statistics for gender and racial status on a monthly and quarterly basis. 8. When providing mandatory supervisory training, emphasis will continue to be placed on the importance of equal opportunity in the workplace to ensure the supervisors comply with the County's procedures. '9. The County will continue to offer a diversity-training course to emphasize the benefits of learning how to understand, respect and value the differences. Dissemination The Human Resources Director is assigned the responsibility of taking the necessary actions to achieve the above referenced goals and disseminate this Equal Employment Opportunity Plan to staff, applicants and the general public. All recruiting materials, brochures, publication forms, position postings, and advertisements state that Collier County is an Equal Opportunity Employer. Information regarding equal employment opportunity that is required by he state and federal government is kept current by the Human Resources Department. Collier County Equal Employment Opportunity plan Page 5 Of 5 DATED: February 12, 2001 ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: James P. Carter, PHD, Chairman Approved as to form and legal sufficiency: Assistant County Attorney , No.AGEI'~ ~ I~M FEB 2 ? 2001 Attachment A Collier Labor Statistics (CLS) Male 16-Aug-00 Job Category Total B W H A/PI # % Officials/Admin 33 82.5% 0 0.0% 30 75.0% 3 7.5% 0 0.0% Professionals 128 57.9% 2 0.9% 118 53.4% 7 3.2% 1 0.5% Technicians 272 75.6% 4' 1.1% 245 68.1% 19 5.3% 2 0.6% Office/Clerical 33 12.7% 2 0.8% 28 10.8% 3 1.2% 0 0.0% Service/Maint 366 87.4% 32 7.6% 242 57.8% 90 21.5% 1 0.2% Total, Male 832 64.0% 40 4.8% 663 79.7% 122 14.7% 4 0.5% AllAN 0 0.0% 0 0.0% 2 0.6% 0 0.0% 1 0.2% 3 0.4% Female 16-Aug-00 Job Category Total B W H A/PI # % Officials/Admin 7 17.5% I 2.5% 6 15.0% 0 0.0% 0 0.0% Professionals 93 42.1% 0 0.0% 88 398% 3 1.4% 2 0.9% Technicians 88 24.4% 1 0.3% 79 21,9% 6 1.7% 1 0.3% Office/Clerical 226 87.3% 4 1.5% 196 75.7% 22 8.5% 3 1.2% Service/Maint 53 12.6% 1 0.2% 40 9.5% 12 2.9% 0 0.0% Total, Female 467 36.0% 7 1.5% 409 87.6% 43 9.2% 6 1.3% Key: B=Black, W=White, H=Hispanic, A/Pl=Asian/Pacific Island, AllAN=American Indian or Alaskan Native AllAN 0 0.0% 0 0.0% 1 0.3% 1 0.4% 0 0.0% 2 0.4% 1990 U.S. Census Job Category Officials/Admin Professionals Technicians Office/Clerical Service/Maint Total, Male Attachment B Community Labor Statistics (CLS) MaLe Total B W H 7565 64,3% 62 0.5% 6939 59.0% 535 4.6% 5602 48.9% 20 0.2% 5222 45.6% 119 1.0% 1144 54.9% 5 0.2% 1034 49.6% 98 4.7% 3025 21.2% 31 0.2% 2721 19.0% 243 1.7% 13060 64.7% 849 4.2% 7324 36.3% 4761 23.6% 30196 50.7% 967 3.2% 23240 77.0% 5756 19.1% A/PI AllAN 12 0.1% 17 0.1% 22 0.2% 19 0.2% 0 0.0% 7 0.3% 21 0.1% 9 0.1% 53 0.3% 73 0.4% 108 0.4% 125 0.4% Female 199o u.s. Census Job Category Total B W H Officials/Admin 4192 35.7% 29 0.2% 3822 32.5% 320 2.7% Professionals Technicians Office/Clerical Service/Maint Total, Female 5844 51.1% 95 0.8% 5417 47.3% 286 2.5% 939 45,1% 59 2.8% 836 40,1% 44 2.1% 11263 78.8% 279 2.0% 10135 70.9% 762 5.3% NPI AI/AN 8 0.1% 13 0.1% 30 0.3% 16 0.1% 0 0.0% 0 0.0% 29 0.2% 52 0.4% 7127 35.3% 725 3.6%' 4525 22.4% 1818 9.0% 39 0.2% 20 0'.1% 29365 49.3% 1187 4.0% 24735 84.2% 3230 11.0% 106 0.4% 101 0.3% Key: B=Black, W=White, H=Hispanic, NPl=Asian/Pacific Island, AllAN=American Indian or Alaskan Native - I FEB 2 7 2001 | 16-Aug-00 Attachment C Utilization Analysis Male Job Category Total B W H A/PI Offlcials/Admin 18.2% -0.5% 16.0% 2.9% -0.1% Professionals 9.0% 0.7% 7.8% 2.1% 0.3% Technicians 20.6% 0.9% 18.4% 0.6% * - 0.6% Office/Cle/ical -8.4% 0.6% -8.2% -0.5% -0.1% Service/Maint 22.7% 3.4% 21.5% -2.1% 0.0% Total, Male 13.4% 1.6% 2.7% -4.4% 0.1% Female Job Category Total B W H A/PI Officials/Admin -18.2% 2.3% -17.5% -2.7% -0.1% Professionals -9.0% -0.8% -7.5% -1.1 % 0.6% Technicians -20.6% -2.6% -18.2% -0.4% 0.3% Office/Cle¢ical 8.4% -. -0.4% 4.7% 3.2% "1.0% Service/Maint -22.7% -3.4% -12.9% -6.1% -0.2% Total, Female -13.4% -2.5% 3.3% -1.8% 0.9% Key: B=Black, W=White, H=Hispanic, A/Pl=Asian/Pacific Island, AllAN=American Indian or Alaskan Native AllAN -o:1%' -0.2% O.2% -0.1% -0.1% -0.1% AllAN -0.1% -0.1% 0.3% 0.0% 0.0% 0.1% I ^c,[~)o., x-r~~ I I FEB 2 7 20111 I EXECUTIVE SUMMARY REPORT REGARDING THE STATE OF THE COUNTY / "VITAL SIGNS" REPORT. OBJECTIVE: That the Board of County Commissioners utilize the vital signs report as a support tool when making policy decisions. CONSIDERATION: The County Manager's office and the division administrator's will present the "vital signs" report orally with PowerPoint material as back-up at the February 27, 2001 Board meeting. This is an overview of the state of the organization, which includes a divisional analysis of key financial and statistical data to paint a picture of the County's operational health over the last six months to a year. The goal of this report is to provide the Board perspective when making important policy decisions. This first report of this kind was previously presented to the Board on June 14, 2000. GROWTH MANAGEMENT: None FISCAL IMPACT: There is no fiscal impact as a result of this report. RECOMMENDATION: report. That the Board of County Commissioners accept this Prepared By: ~,,~~ ~ Date: n hn DunnucJk~ Interim Community Development & vironmental Services Administrator FEB 2 7 2001 EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER A PROPOSED SETTLEMENT AGREEMENT FROM THE CITY OF NAPLES CONCERNING THE LOCATION OF AN EXPLORATORY WELL FOR A PROPOSED AQUIFER STORAGE RECOVERY SYSTEM. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water - Sewer District, consider a proposed settlement agreement from the City of Naples concerning the location of an exploratory well for a proposed aquifer storage recovery system. CONSIDERATIONS: Attached to this Executive Summary as Exhibit 1 is a proposed settlement agreement from the City of Naples concerning the location of an exploratory weli for a proposed aquifer storage recovery system ("ASR"). This settlement agreement was approved on February 7, 2001 by the Naples City Counsel. On February 13, 2001, the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water - Sewer District, voted to approve relocation of the exploratory well and the initially proposed site of the proposed ASR system from the North County Water Reclamation Facility ("NCWRF") to a site known as the Pelican Bay Wellfield. See the Executive Summary for the February 13, 2001 agenda item 8.C.1 attached as Exhibit 2. This vote was, at least in part, the Board's response to the City's proposal that it would drop its administrative challenge to the County's application for an exploratory well permit provided the County did in fact relocate the site for the exploratory well and proposed ASR system. At the time of the Board vote on February 13, 2001, staff and the Office of the County Attorney had not had an adequate opportunity to review that settlement agreement and respond to the language contained in it. This~'- process will be completed by the time this agenda item is heard. The Board should note that the. attached proposed settlement agreement seemingly would preclude the County from ever using the original site for an exploratory well or an ASR system. See paragraph 2 of the proposed settlement agreement. The proposed settlement agreement also would reserve to the City the right to challenge subsequent permits at the Pelican Bay Wellfield site, although no challenge could be made to the exploratory well permit. the proposed settlement agreement. 1 ,See paragraph 4 of AGENQ~ITEM'" NO._ FEB 2 7 2001 Pg. I FISCAL IMPACT: Other than the fiscal impact described in the Executive Summary leading to the Board's vote on February 13, 2001 to move the site of the exploratory well and the proposed ASR system, there would be no fiscal impact in entering into a settlement agreement with the City of Naples except for relief from any litigation expenses that would be incurred if the City of Naples persisted in its administrative challenge to the County's application for an exploratory well permit. GROWTH MANAGEMENT: See the attached Executive Summary from the February 13, 2001 meeting. RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water - Sewer District, consider the proposed settlement agreement from the City of Naples, and authorize the Chairman to sign either the attached settlement agreement or any modified agreement as directed by the Board if either the attached agreement or a modified agreement is approved by the Board. Michael W. Pettit, Assistant County Attorney Reviewed and Approved by: David C. Weigel, (.~ County Attorney Approved by: (~'~'~-~ ~.~ ~ Date: 2'/ Public Utilities Administrator h:Debbie Armstrong\Executive Summaries\City of Naples 2 FEB 2 7 2001 Exhibit DRESS II A LEGAL PROFESSIONAL ASSOCIATION 2320 FIRST STREET SUITE ]000 FORT MYERS, FL 33901-3419 941.338.42 ! ,-t DIRECT 941.337.3850 MAIN 941.337.0970 F,qx rpritx~,.ralaw.com February 9, 2001 VIA FACSIMILE AND REGUL.&R MAIL Michael W. Pettit, Assistant County' Attorney 3301 Tamiami Trail East Naples, Florida 34112-4902 Cynthia Christen. Office of General Counsel Florida Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3000 City of Naples rs. Collier County ASR Wells OGC File Number- 00-1366 Dear 5. Iike and Cxnthia: Enclosed is a proposed Settlement Agn'eement between the City of Naples and Collier County, which has been approved by the Naples City Council on February 7, 2001. The City Council instructed me to transmit it to Mike Pettit with a request to transmit it to the Collier County Commission. Please present it to the Collier County' Commission and then let me know whether or not it is at,-reeable. Cynthia, I am not sure whether you feel that FDEP needs to be a part3' to the A~eement. In light of the tight deadline, it simply was not possible to touch all bases to get to this point. me know what your thoughts are. ./.~ry truly yours, Robert D. Pritt RDP/ss Enclosure cc: Bonnie R. Mackenzie, Mayor, City of Naples Kevin Rambosk, City Manager, City of Naples Please let A A M I ~ FEB 2 ? 200! Pg;. % 82091 I 16763.0053 TOLEDO AKRON COl( CINCINN-\TI FORT ~v~'I' E RS BONITA SI'RING5 NAI'i.[ 5 SETTLEMENT AGREEMENT This Settlement A~eement (the "Settlement A~eement") is entered into by and between THE CITY OF NAPLES, FLORIDA, on behalf of itself and all of its divisions, subdivisions and agencies, and COLLIER COUNTY, FLORIDA, on behalf of itself and all of its divisions, subdivisions and agencies, (collectively the "Parties") this __ day of February, 2001. RECITALS A. On December 6, 1999, Joseph Cheatham, Wastewater Director of Collier County Water-Sewer District, on behalf of Collier County, Florida, applied to the Florida Department of Enyironmental Protection for a construction permit to construct one Class V, Group 8, Exploratory Well at the North County Regional Water Reclamation Facility located at 10500 Goodlette Road (the "North Collier Site") to test the feasibility of an Aquifer Storage and Recoveo' (ASR) injection well system, (the "Permit"); B. On June 16, 2000, the Florida Department of Environmental Protection, (the "Department"} issued a Notice of Intent to Issue Permit; C. The Notice of Intent to Issue Permit was published in the Naples Daily News on June 23. 2000, and the City of Naples received notice of the Department's proposed action on that date; D. The City of Naples, Florida, filed a Petition for Administrative Hearing on July 7, 2000, pursuant to Florida Statutes Sections 120.569 and 120.57, concerning the Permit, raising various concerns regarding the effect of an ASR system on public health and safety, including the effect of an ASR system on the drinking water supply used by the City of Naples, Florida which is approximately 1.25 - 1.5 miles from the location of the ASR exploratory well that would be constructed at the North Collier Site under the Permit; E. Representatives of Collier County made a teclmical presentation to the City of Naples, Florida on January 19, 2001, in Which they discussed, among other things, the nature of the 'exploratory well and the likely effects of an exploratory well on the environment and the drinking water supply of the City of Naples. During the presentation, representatives of Collier County, Florida stated that the exploratory ASR well they are seeking to build at the North: Collier Site under the Permit would be a "dry" test well used to determine whether geologic and other conditions at the North Collier Site were suitable for construction of an ASR well at the North Collier Site and that no water or other material would be pumped through the ASR exploratory well; F. To foster cooperation among governmental entities and to address concems raised by the City of Naples, Florida, the elected officials representing Collier County, Florida, and the City of Naples, Florida, met in a joint workshop on February 1, 2001, to discuss the application for the Permit. During the presentation, representatives of Collier County, Florida, suggested that they would be willing to withdraw their application for the Permit and to fit~ "'an,,~[:l~lS'~if~M NO .... FEB 2 7 2001 for a permit to construct the exploratory well to be applied for in the Permit at the Pelican Bay Wellfield site, located near Immokalee Road along Livingston Road ("Pelican Bay Wellfield Site") which site is approximately 3.5 miles from the drinking water supply of the City of Naples. G. Representatives of Collier County, Florida indicated at the joint workshop on February 1, 2001, that if data received from any exploratory well at the Pelican Bay Wellfield Site indicates that geologic and other conditions are suitable for an ASR well at the Pelican Bay Wellfield Site, Collier County will apply for a separate construction permit and a separate operating permit for any ASR well that it decides to construct at the Pelican Bay Wellfield Site and that the City of Naples, Florida, and the public will have all rights granted by the Florida Statutes and common law to request information and/or an administrative hearing or review of any. Notice of Intcnt to Issue a Permit for the construction or operation of an ASR well at the Pelican Bay Wellfield Site or at any other location; NOW THEREFORE, ~the Parties hereto, in a spirit of cooperation and compromise. and in consideration of the mutual covenants and agreement contained herein do hereby agree as follo~¥s: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Settlement Agreement. 2. V~'ithdrawal of Application for Permit to Construct Test/Explorato~' ASR x, Xell at North Collier Site. In exchange for the promise made by the City of Naples, Florida, in para~aph 3 below, that it will not challenge a permit application for Collier County to construct one Class V, Group 8, Exploratory \Vell (dD') at the Pelican Bay Wellfield Site to test the feasibility of an Aquifer Storage and Recovery (ASR) injection well system, Collier County, Florida, HEREBY AGREES AND PROMISES to withdraw its application for the Permit to construct one Class V, Group 8, ASR exploratory test xvell (dry) at the North Collier Site to test the feasibility of an Aquifer Storage and Recovery (ASR) injection well system (within 5 business days of the execution of this Settlement Agreement) and agrees and promises not to construct an ASR exploratory, test or operational well at the North Collier Site. 3. Agreement Not to Oppose Application for Permit to Construct Test/ExpioratoD' ASR Well at Pelican Bay Welifield Site. In exchange for the promise made by Collier County, Florida in paragraph 2, to withdraw its application for the Permit to consrrucx on~ Class V, Group 8, ASR exploratory lest well (dry) at the North Collier Site to test the feasibility of an Aquifer Storage and Recovery (ASR) injection well system, and not to construct an ASR exploratory,.test or operational well at the North Collier site, the City of Naples, Florida, HEREBY AGREES AND PROMISES that it will not oppose or challenge a permit application for Collier.County to construct one Class V, Group 8, exploratory test well (dry) at the Pelican Bay Wellfield Site to test the feasibility of an Aquifer Storage and Recovery (ASR) injection well system. The Agreement Not to Oppose contained within this paragraph is made in reliance on the representations made by representatives of Collier County, Florida, as to the nature and purpose of the exploratory well and the necessity of obtaining a separate permit for the construction of a test (wet) or an operational ASR well that are contained in the :ecitals listed 2 AGENDA,ITEM NO. FEB 2 7 2001 above. 4. Agreement Not to Oppose Application is Not Effective as to Applications for Permits to Construct Operational ASR Wells or to Operate ASR Wells. Collier County, Florida, and the City of Naples, Florida HEREBY AGREE that this agreement applies only to any application for a permit filed by Collier County, Florida to construct a Class V, Group 8 exploratory test well (dry) to test the feasibility of an Aquifer Storage and Recovery (ASR) injection well system at the Pelican Bay Wellfield Site. The City of Naples, Florida, expressly reserves the right to oppose and/or challenge any application made by Collier County, Florida for any permit to construct a test/exploratory well at the North Collier Site, to construct a test well that involves the injection of water or wastewater, or an operational ASR well, or to operate an ASR well at any location, including the Pelican Bay Wellfield Site. 5. Agreement to Disclose and Discuss Any Future Applications for Permits for ASR Wells. In order to foster future communication and cooperation on the issue of ASR wells, Collier County, Florida, and the City of Naples, Florida, HEREBY AGREE to disclose to one another any application for a permit to construct any test well (except a dr), hole) or operational ASR ,,,,,ell no later than 30 days before the application for the permit is filed. The Parties to this Settlement Agreement intend the disclosure to foster communication between the Parties and to potentially eliminate disputes and conflicts regarding ASR wells. To that end, the Parties agree to provide each other with full access to all data and to share all data and information concerning ASR wells, including, without limitation, information pertaining to applications, permits, testing methods and results, and monitoring information. 6. Statement of Shared Commitment to Conservation and Management of Water Resources and Protection of Drinking Water QualiD'. Collier County, Florida, and the City of Naples, Florida, publicly state their shared commitment to the conservation and management of the water resources of the community and to protecting the quality and supply of the drinking water resources of the community. Collier County, Florida, and the City of Nap.les, Florida, pledge that they will continue to strive to communicate and cooperate on the issues of water management and protection of drinking water supplies for the benefit of the public good. Costs; Limitations. a. Nothing herein is intended to create a partnership or joint venture between the City of Naples, Florida, with Collier County, Florida, regarding the well application. b. Nothing in this agreement shall cause any application to be considered as a joint application between the City of Naples and the County. c. Nothing herein is intended to be and endorsement by the City of Naples, Florida, of ASR technology in general. d. If there are costs associated with relocation of the well site, the City of Naples will not be responsible for them. o Consideration. The Parties expressly acknowledge that this 3 Settlement l AGENDAITEM No. 99, FEB 2 l 2001 Agreement is supported by sufficient consideration as binding upon all Parties hereto. 9. Consultation with Counsel. In executing this Settlement Agreement, the Parties desire and acknowledge that they have each had the opportunity to consult with legal counsel and the terms of this Settlement Agreement are fully understood and voluntarily accepted without duress or coercion. 10. AuthoriD' to Execute. The Parties a~ee that the undersigned signatories have the authorit,,,' to bind them to this Settlement Agreement. : 11. Construction of Agreement. As used in this Settlement Agreement, any reference to the masculine. feminine or neutral genders, shall include all genders, the plural shall include the singular, and the singular shall include the plural. With regard to each and every term and condition of this Settlement Agreement and any and all agreements and instruments contemplated hereby, the Parties hereto understand and agree that the same have been mutually negotiated, prepared and drafted and that if at any time the Parties hereto desire or are required to interpret or construe any such term or condition or any a~eement or instrument subject hereto, no consideration shall be given to the issue of'which party hereto actually prepared, drafted or requested any terna or condition of this Settlement A~eement or any agreement or instrument subject hereto. 12. Modifications. This Settlement Agreement mav not be supplemented, changed. waived. discharged, tern~inated. modified or amended except by written instrument executed by the Parties. 13. Merger. This Settlement A~eement represents the entire a~eement between and among the Parties and supersedes all previous negotiations, discussions and a~eements between and among the Parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vao' its terms. 14. Choice of Law. This Settlement Agreement and all rights and duties hereunder shall be governed by and interpreted and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, each of the Parties have duly executed this Settlement Agreement and as of the date herein below written. THE CITY OF NAPLES, FLORIDA By: Bonnie R. MacKenzie Title: Mayor 4 AGENDA ITEM .... f/. FEB 2 7 2001 Pg. ~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledge before me this __ by , the of the City of Naples. known to me and did take oath. day of February, 2000 is personally Notary PuNic-State of Florida Date Commission expires: Commission number: COLLIER COL.WTY. FLORDA By: James Carter Title: Chairman STATE OF FLORIDA COL%'TY OF COLLIER The foregoing instrument as acknowledged before me this , as and did take an oath. day of February, 2001 by of Collier County, Florida. He is personally known to me Approved as to form and legality: Notary Public-State of Florida Date commission expires: Robert Pritt, Esq. Fl. Bar No. 0196571 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 5 AC~ND~A ~TEM NO. FED 2 7 2001 P~,. Attorneys for The City of Naples, Florida David C. Weigel. Esq. Michael Petit, Esq. OFFICE OF THE COU..'NTY ATTORNEY. 3301 East Tamiami Trail, 8th Floors Naples, Florida 34112 Tel: (941) 774-8400 Fax: (941) 774-0225 Attorneys for Collier Count.,,,, Florida 337466 1 6 AGENDA Ft'EM NO. FE~2, 2 7 2001 Exhibit ,' EXECUTIVE SUMMARY APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT RELATED TO RELOCATING THE PROPOSED SITE FOR AQUIFER STORAGE AND RECOVERY OF RECLAIMED WATER, RFP 99-2926, PROJECT 74030 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, in the spirit of cooperation with the City of Naples City Council, adjust the location for a proposed reclaimed water aquifer storage and recovery (ASR) system. CONSIDERATIONS: In a joint meeting with the City of Naples City Council (City) on February 1, 2001, a proposal was offered by Commission Vice-Chairwoman Mac'Kie to relocate the proposed site of a reclaimed water ASR system from the site of the North County Water Reclamation Facility (NCWRF) to a site known as the Pelican Bay Wellfield. This well field produces raw water to supplement the Pelican Bay reclaimed water irrigation system. As shown in the attached figure, the Pelican Bay Wellfield is located along Livingston Road north of Immokalee Road. The City has filed a Request for Administrative Hearing in opposition to Florida Department of Environmental Protection's (FDEP) Intent to Issue a Permit for the County to perform exploratory drilling at the NCWRF site as a data-gathering step towards implementing a reclaimed water ASR system at that site. The County can withdraw the FDEP permit application for the NCWq>,Y site and end the legal proceedings; however, the City has not provided assurances that they will support the permitting process at the County's new proposed site. A professional ser¥ices agreement with Water Resource Solutions, was approved by the Board on August 3, 1999; Agenda item 16(B)(23) and amended on December 14, 1999; Agenda item 16(B)(13). A summary of total fees approved and proposed are as follows: A summary of total fees approved and proposed are as follows: Original Agreement Amendment 1 Amendment 2 (proposed) Total (proposed) Fees $361,077 69,052 $350,000 $780,129 Scope of Services Design, Test Drilling, and Permitting Additional Test Drilling and Casing Relocate Test Drilling to New Site legal sufficiency.. With Board approval and authorization, Staff will negotiate a proposed scope and compensat.ion, and, the Utilities Administrator will execute the proposed amendment in an amount not-to-exceed $350,000, subject to approval by the County Attorney as to form and Executive Summary Approve Amendment - Aquifer Storage and Recovery Page 2 FISCAL IMPACT: The total cost of this amendment will not exceed $350,000. Funds are budgeted and available in the Reclaimed Water ASR project in the County Sewer Capital Projects. These funds were originally approved to provide an ASR test well during FY01. Given the additional time needed to relocate the project to a new site, funds to provide an ASR test well will be requested in the FY02 budget. Source of funds is user fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet current and future effluent management needs in the north wastewater service area and is consistent with our current Wastewater Master Plan, as adopted by the Board on July 22, 1997, agenda items 12(C)(4) and 12(C)(5). RECOMMENDATIONS: That the Board of County Commissioners,' as the Ex-Officio governing board of the Collier County Water-Sewer District, approve a plan to relocate a proposed reclaimed water ASR site, authorize the Public Utilities Administrator to execute an amendment to Professional Services Agreement with Water Resource Solutions to reflect the work required for changing to the new site, and, that the Board provide direction to withdraw the current FDEP permit application for explorato~ drilling at the NCWRF site, Project 74030. SLrBMITTED BY: t .? Karl W. Boyer, P.E., Interim Date: z/z/w/ · . / / Utilities Eng~neenng Director APPROVED BY: 4aimes V. Mudd, P.E., Public Utilities Administrator F[? 2 7 2001 Pg .... I FEB 13 2001 EXECUTIVE .SUMMARY APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE OBJECTIVE: To appoint i member to serve a 3 year term, expiring on August 31, 2003 on the Emergency Medical Services Advisory Committee and confu'm the appointment of the nominee representing the Health Department. CONSIDERATIONS: This 11 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list ofthe current membership is included in the backup. The term for Ms. Jane Andel expired on August 31, 2000. A press release was issued and resumes were received from the following interested citizen: ~ . APPLICANT CATEG,ORY DIST ELECTOR ADV. COMM. David C. Metmini EMT Stephanie Vick, R.N., M.S. Representing the Health Dept. For BCC Confirmation COMMITTEE RECOMMENDATION: EMSAC has requested that this position be re- advertised and have offered to assist in getting the word out to the community. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment; the request of EMSAC; confirm 1 appointment representing the Health Departmere; and, direct the County Attorney to prepare a resolution confuming the appointmeres. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 27, 2001 AO~_.NDA ITEM Memorandum To: From: Date: Subject: Sue Filson, Assistant Administ~tive Board of County Com~ Diane B. Flagg, Chief Emergency Medical Service: artment February 5, 2001 EMSAC The EMSAC Advisory Council met last week and reviewed Mr. David C. Mennini's resume for the District 3 vacancy. They have requested that this position be re-advertised and have also offered to assist in getting the word out to the community in regards to this opportunity. Thank you for your assistance with this matter. ¢c~ Robert Laird, Chairman EMS Advisory Council Emergency Services Division AG~IDA ITEM Emergency Medical Services Advisory Council Mr. Michael F.X. Geraghty 501 Goodlette Road, Suite D-100 Naples, FL 34102 District: 4 Category: Commission District FFor~ Phone Home Phone 261-3756 Appt~d ~ Date Term DateR~t 2ndExpD~ 2nd Term 09/15/98 08/31/01 3 Years Dr. Fay R. Biles 1588 Heights Court Marco Island, FL 34145 District: 1 Category: Commission District 394-3089 09/17/96 08/31/99 3 Years 12/14/99 8/31/02 3 Years Ms. Heather Rockcastle 342 Pinehurst Circle Naples, FL 34113 District: 1 Category: At-Large 417-1192 10/10/00 08/31/03 3 Years Mr. Robert D. Laird 1765 Courtyard Way, 205-C Naples, FL 34112 District: 1 Category: At-Large 793-0933 11/01/94 08/31/97 3 Years 10/10/00 8/31/03 3 Years Ms. Tucky P. Ramsey 7515 Pelican Bay Boulevard, #1F Naples, FL 34108 District: 2 Category: Commission District 514-1599 06/13/00 08/31/02 2 Years Ms. Jane Andel 835 New Waterford Drive, #204 Naples, FL 34104 District: 3 Category: Commission District 649-7999 352-0986 12/14/99 08/31/00 8 Months Tuesday, October 10, 2000 Emergency Medical Services Advisory Council Ms. Kathryn M. Godfrey 530 18th Avenue, N.E. Naples, FL 34120 District: 5 Category: Commission District Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt2ndExpDate 2nd Term 436-51§1 12/14/99 08/31/02 3 Years 548°9645 Ms. Crail Dolan P.O. Box 413029 Naples, FL 34101 District: Category: Naples Community Hospital 262-3131 01/13/98 08/31/99 2 Years 12/14/99 08/31/02 3 Years Deputy Gary Young 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Sheriffs Department 774-4434 09/17/96 08/31/99 12/14/99 08/31/02 3 Years Ms. Regina Hoffman P.O. Box 428 Naples, FL 34106 District: Category: Health Department 774-8200 12/14/99 08/31/02 3 Years Mr. Sheldon Reed 735 Eighth Street, South Naples, FL 34102 District: Category: City of Naples 434-4810 09/13/94 08/31/96 2 Years 12/14/99 08/31/02 3 Years Dr. Robert Zehr 1105 5th Avenue South Naples, FL 34102 District: Category: Cleveland Clinic 348-4000 10/10/00 08/31/03 3 Years Tuesday, October 10, 2000 Page 2 of 3 Emergency Medical Services Advisory Council Name FP'ork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This~,1 member committee was created by Ord. No. 80-80 !~ advise the Board of County Corrimissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Ord Amended on 10/10/00 to add a representative from Cleveland Clinic Fl., ~a.~': Diane Flagg, Emergency Medical Services Director. 774-8459 Tuesday, October 10, 2000 Page 3 of 3 AC~CNDA ~ ~ NO. ~ Jeb Bush Govemor Robert G. Brooks, M.D. Secretary November 8, 2000 Diane Flagg Director Emergency Medical Services 3301 Tamiami Trail East, Bldg. H., 3a Floor Naples, FL 34112 Dear Chief Flagg: I am writing to inform you that Regina Hoffman of the Collier County Health Department will no longer be able to represent the Health Department on the County Emergency Medical Services Advisory Council as she is retiring from the department. Regina has been with the Collier County Health Department since February 1990. She held the position of Assistant Community Health Nursing Director and Disaster Coordinator. Regina has been a great asset to our Health Department and will be greatly missed. Stephanie Vick, R.N., M.S., has resumed Regina's role here at the Health Department. I would like to nominate Stephanie as our representative. Stephanie has a long history with Collier County, a good understanding of public health and how essential quality Emergency Medical Services are to our growing community. She will be an asset to the Advisory Council and a vehicle through which we can continue to work together for the safety of our population. Sincerely yours, olfer, M.D., M.P.H. Collier County Health Department cc: Susan Craig 3301 E. Tamiami Trail, Bldg H. Naples, Florida * 34112-4961 Telephone (941) 774-8200 Collier County Itealth Department Joan M. Colfer, M.1)., M.P.H., l)irector Mailing Address: Post Office Box 429 Naples, Florida · 34106-0429 MEMORANDUM DATE: November 6, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assism~ · Board of County Commissioners "~ ' RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. EMSAC COMMISSION DISTRICT David C. Mennini ~ 4436 31~t Avenue, S.W. ~~ Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 6, 2000 Diane Flagg, Emergency Medical Services Director Sue Filson, Administrative Assis x~ Board of County Commissioners EMSAC As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes 'received for your review as follows: David C. Mennini 4436 31~t Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Mr David Mcnnini 4436 31st Ave. S.W. Naples, Florida 34116 November 1, 2000 Mrs. Sue Filson, Administrative Assistant Board of Collier County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Mrs. Filson Please accept this letter as my official notice to you that I am interested in the opening that exists on the Emergency Medical Services Advisory Council. I feel with my current and past involvement with the local health care community, that I could be an asset to the Advisory Council. Attached please find a brief resume. If there is anything else I can do to help you in this process please feel free to contact me. My home phone # is 348-2870, or my office at N.C.H. is 513-7080 Sincerely, David C, Mermini AOF~DA ITEK~ NO. ~ 4436 31 ST AVE SW NAPLES, FL. 34116 Work 941-513-7080 Home 941-348-2870 David Christopher Mennini 2000 Edison Community College 1977 - 1979 Mercyhurst College State of Florida Distinguished Service Award July 25, 2000 Naples, Florida Erie, Pennsylvania 1989 - 1995 Diagnostic Services Inc. Naples, Florida Courier Supervisor / Purchasing Agent 1995 - 1998 Naples Community Hospital Naples, Florida 1998 - Present Naples Community Hospital Naples, Florida Manager, N.C.H. Non ~Transpo~ ~ afleet~4n~ emaga3cy a~-~ula-ces and ~ 11 to 15 F_.MTs & Paramedics September 2000 State of Florida Licensed Emergency Medical Technician EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 1, 2002 on the Lely Croft Estates Beautification Advisory Committee. CONSIDERATIONS: This 5 member committee assists and advises the Board of County Commissioners in handling matters pertaining to the beautification taxing district. The district was created by referendum vote on November 4, 1986, for the purpose of beautifying and maintaining the m~dian strips of the streets and other public area within Lely Golf Estates. Applicants must reside within the boundaries of the municipal service-taxing unit. Terms are 4 years. A list of the current membership is included in the backup. Mr. Ellery J. LePain resigned his position on October 5, 2000. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. [ Robert M. SlebodnikI MSTU District COMMITTEE RECOMMENDATION: Robert M. Slebodnik FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE ,RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointmere, appoint 1 member; and direct the County Attorney to prepare a resolution confirming the appointmeres. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 27, 2001 F~lson s om: ~411t: ]-o: Subject: levy_m Friday, February 09, 2001 11:00 AM filson_s Lely Golf Estates .-~ue, l'he Lely Golf Estates Beautification Committee met on February 8, 2001 and voted to accept the application of Robert Vt. Slebodnik to join the committee. ]'hanks - Mike Lely Golf Estates Beautification Advisory Committee Ellery J. LePain f~5~" 228 Pebble Beach Circle~' Naples, FL 34113 District: 1 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt2ndExpDate 2nd Term 09/27/94 .10/01/98 4 Years 774-2601 1/12/99 10/01/02 4 Years Robert J. Weyers 109 Big Springs Drive Naples, FL 34113 District.- 1 Category: 02/11/92 10/01/94 2 Years 793-1147 1/12/99 10/01/02 4 Years George C. Pearson 158 Pinehurst Circle Naples, FL 34113 District: 1 Category: 10/01/87 10/01/89 2 Years 775-3355 10/28/97 10/01/01 4 Years Robert C. Cole 301 Forest Hills Boulevard Naples, FL 34113 District: 1 Category: 12/17/91 10/01/93 2 Years 10/28/97 10/01/01 4 Years William C. Erickson 136 Pebble Beach Circle Naples, FL 34113 District: 1 Category: 01/12/99 10/01/01 2 Years This 5 member committee was created by Ord. No. 87-69 to prepare and reocmmend an itemized budget for the Lely Golf Estates Beautification Municipal Service Taxing Unit and aids and assists the Board of County Commissioners in carrying out the services of the taxing unit. Members must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. FL STAT: 125.01 Staff: Russ Muller, Engineer I1:774-8494 :~esday, January 19, ~999 ..... Page I of I MEMORANDUM DATE: February 5, 2001 TO: Vinell Hills, Elections Office , ~D FROM: Sue Filson, Administrative Assis ~tt~~/~/ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LELY GOLF EST BEAUT ADV COMM COMMISSION DISTRICT Robert M. Slebodnik 32 Pebble Beach Blvd. Naples, FL 34113 Thank you for your help. MEMORANDUM DATE: TO: FROM: February 5, 2001 Mike Levy, Senior Secretary, Transp~on Sue Filson, Administrative Assis/~---T/J~] Board of County Commissioners/~_~ - Lely Golf Estates Beautification Advisory Comnmittee Department 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 M. Slebodnik 32 Pebble Beach Blvd. Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive 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 S ~01 3:~6 FAX P. 1 Kathleen Slobodnik 32 Pebble Beach Blvd. Naples, FL 341.13 (941) 775.3491. tax (941) 775-3491 - p~n~ TELEFAX TRANSMITTAL D~te To No. ofpa/cs,: including cover sheot Call seader when received? ~ From ~ there be any problems with ds transmittal, please call nt your earliest convenience. P. 2 Feb. 3 '01 3:37 Robert :Siebodufls 32 Pebbk Beach Blvd.. N-,pi~ FL 34113 (941)?'/~t491 Fobmary 2, 200l Ms. Sue Filson Administrative Assistant Board of County Comrniasioners 3001 Tamiami Trail East Naples, FL 34112 D~ar Ms. Filson: I am applyinS for the Lely Coif Estates Beaufort Advisory Committee. I reside at 32 Pebble Beach Blvd. in Lely GolfEstates and have owned this property since ! 968. I feel my honiculmraI background would qualify ~ for this committee position. I.~a'ned a B.S. fi'om The University of Michigan with majors in biology and chemistry. While attending the university, t had a pan-time job in Ann Arbor doing landscaping work. Following graduation, t taught biology for 13 years then assumed administrative responsib'dities. After moving to Florida, I worked 9 years for Roswell Service, s, a latuiscap© company in Naples. A{though my primary responsibility was tlscal management, I did acquire a lot of knowledge regarding the landscape industry. I have taken classes in Collier and Lee Counties whi,-h involved landscape management and pesticide application. During my 31 years in education, l'have held the position of teacher, dcpartment chairman, assistant principal, principal, and administrative assistant to the superintendent. I am familiar with committee work and enjoy working w/th people. If selected for this advisory position, I will do my best to represent the conurnmity I live in. Sincerely Robert M. Slebodnik Feb. ~ ~01 ~:~? FP~ P. ~ Personal: Education: Professional: Ref~ra~ces: Robert Slebodnik 3:2 Pebble Beach Bivd Naples, FL 34113 (941) 775-3491 Age: 63 Marital Status; Married B.S., The University ofMiohigan, 1959 M.A. in Ed., Eastern Michigan University, 1965 Post Graduate Work, Michigan State University, 1988 1992 to 2000 CFO Roswell Se~wices Naples, FL .1973 to 1991 Administrator, East Detroit Public Schools East Pointe, MI 1960 to 1973 Tocher, East Detroit Public Schools East Pointe, MI Mr. Robert Friedland Assistant Principal, Lely High School 43 Pebble Beach Blvd. Naples, FL 34113 793-1579 Mr. Ronald Torp~ Jr. Landscapers' Choice, Inc., Owner 349 Pinehurst Cir. Naples, FL 34113 774-3174 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE DEVELOPMENT SERVICES ADVISORY COMMFFFEE OBJECTIVE: To appoint 5 members to serve 4 year terms, expiring on December 14, 2004, on the Development Services Advisory Committee. CONSIDERATIONS: The Development Services Advisory Committee had 5 te~ms expire on December 14, 2000, representing Architect, Attorney, Land Planner, Citizen Activist, and Professional Engineer. This committee is composed of 1 $ members and represent the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. James M. Anderson Civil Engineer 5 Yes None Bryan P. Milk Land Planner 1 Yes None James Waterman Architect 3 Yes None Robert L. Duane Professional Planner 3 Yes DSAC David H. Farmer Professional Engineer 4 Yes None C. Perry Peeples Attorney 2 Yes DSAC Thomas R. Peek Civil Engineer & Land Surveyor 2 Yes DSAC Dalas D. Disney (recv'd late)Architect 3 Yes DSAC COMMITTEE RECOMMENDATION: Robert L. Duane - re-appointment C. Perry Peeples -re-appointment Thomas R. Peek - re~appointmem Dalas Disney - re-appointment Bryan P. Milk - new appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 5 members to serve 4 year terms, and direct the County Attorney to prepare a resolution confirming the appointmeres. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners FEBRUARY 27, 2001 AGENDA ITEM No. /f? Memorandum To: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners John M. Dunnuck, Intedm Administrator Community Development and Environmental Services February 12, 2001 Development Services Advisory Committee Listed below are the applicants for the Development Services Advisory Committee. All applicants have been categorized in their areas of expertise. James M. Anderson Civil Engineer, experienced project designer; construction manager Bryan P. Milk Professional Land Planner; experience as city planner and county planner James Waterman Architect; experience in architecture and construction administration David H. Farmer Professional Engineer;, experience in planning, engineering and construction management At the January 3, 2001 Development Services Advisory Committee, the following applicants were approved for reappointment to the DSAC Committee. Robert L. Duane Professional [-lanner; experience in planning and growth management, serves as Director of Planning for a local firm C. Perry Peeples Attomey; experience in real estate transactions and land use law Thomas R. Peek Civil Engineer and Land Surveyor; experience as owner of a land development company Dalas Disney Community Development and Environmental Services Office of the Administrator Architect; owner of Disney & Associates - architectural firm A~A ITEM NO. /~ ~,~ Pg. ~ MEMORANDUM DATE: November 6, 2000 TO: FROM: 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. DSAC COMMISSION DI.~%TRI CT James M. Anderson 66113~ Street, S.W. Naples, FL 34117 Bryan P. Milk 634 Bimini Avenue Marco Island, FL 3145 James Waterman 959 Fountain Run Naples, FL 34119 Robert L. Duane 4880 6~ Avenue, S..W. Naples, FL 34119 David H. Farmer 4265 1 ~ Avenue, N.W. Naples, FL 34119 A~DA ITEJ~ C. Perry Peeples 248 Viking Way Naples, FL 34110 Thomas 1L Peek 90 East Avenue Naples, FL 34108 Thank you for your help. AGENDA NO. Development Services Advisory Committee Mr. Dino J. Longo 4711 Via Carmen Naples, FL 34105 Dis~ict: 5 Cete~ory: General Contractor Work Phone Appt'd Exp. Date Home Phone DateRe-appt2halF. Date 514-4404 12/19/95 12/14/99 643-7557 12/14/99 12/14/03 Mr. Herbert Rosser Savage 816 Elkcam Cir. #101, P.O. Box 639 Marco Island, FL 34146 Distri~: 1 Category: Architect 4 Years 4 Years Mr. Dalas D. Disney 125 Airport Road, N. Suite 200 Naples, FL 34104 District: 3 Category: Architect 394-1580 12/14/93 12/14/97 4 Years 394-2918 12/16/97 12/14/01 4 Years Mr. Blair A. Foley 120 Edgemere Way South Naples, FL 34105 Dist.: 2 Category: Engineer 261-3399 10/18/94 1 2/14/96 2 Years 455-2300 12/17/96 12/14/00 4 Years Mr. C. Perry Peelales 248 Viking Way Naples, FL 34110 District: 2 Category: Attorney 643-2324 12/14/99 12/14/03 4 Years Mr. ~'eter Van Arsdale 123 ~ lth Avenue South Naples, FL 34102 District: 4 Category: Construcfi. 'on 5974088 12/17/96 12/14/00 591-3gg3 649-6112 11/14/00 12/14/03 253-8246 3 Years Wednt~day, November 15, 2000 Page 1 of 3 Development Services Advisory Committee Mr. R. Bruce Anderson 16?0 Crayton Road Naples, FL 34102 D/str/ct: 4 C~,gory: Attorney Work Phone Appt'd F. xp. Dote Term Home Phone DoteRupt 2ndExpDote 2nd Term 597-2814 12/14/93 12/14/97 4 Years 64,3-2641 12/16/97 12/14/01 4 Years Mr. Robert L. Duane 4880 6th Avenue, S.W. Naples, FL 34119 District: 3 Category: Land Planner 262-4617 10/18/94 12/14/96 353-4167 12/17/96 12/14/00 Ms. Sally Lam 5 Grey Wing Pointe Naples, FL 34113 Distri~: 1 C~,gory: Env/Citizen Activist 01/23/99 12/14/00 Mr. Thomas R. Peek 90 East Avenue Naples, FL 34108 District: 2 Category: Professional Engineer 649-4040 12/14/93 12/14196 12/17/96 12/14100 Mr. Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 District: 5 Category: Professional Engineer 2 Years 4 Years Mr. Marco A. Esp'mar 3880 Estey Avenue Naples, FL 34104 Distri~: 3 Category: Envil'onmental Planner 2 Years ~ 1 3 Years 4 Years 353-1551 02/23/99 12/14/99 1 Year 592-5853 12/14/99 12/14/03 4 Years 263-2747 12/14/99 12/14/03 4 Years Development, Services Advisory Committee N~ Mr. Charles Morgan Abbott 1306 28th Avenue North Naples, Fl., 34103 District: 4 Category: General Contractor Work Phone Appt'd ~ Date Term Home Phone DateRe-appt 2ndF. xpDate 2nd Term 649-4286 12/14/93 12/14/97 4 Years 64~,~-428612/16/97 12/14/01 4 years Mr. David Correa 11257 Longshore Way West Naples, FL 34119 District: 5 Category: Court Admini.~'afion 514-0006 12/16/97 12/14/01 4 Years Mr. Brian E. Jones 2121 Heritage Tr. Naples, FL 34112 District: 1 Category: General Contractor 793-1133 12/14/99 12/14/03 4 Years This 15 member committee was created on 10/12/93 by Ord. No. 93-76, amended on 11/07/95 by Ord. No. 95-60 to add additional categories of industry membemhJp representation. This committee represents the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing conttacax, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a pdmary communication link between the Community Development Services Division, the development indusby and the citizens of Collier County. Membem am required to file a Form I FL STA T ~ff: John Dunnuck, Comm Dev & Env Services Administratoc 403-2385 We. dne~lay, Novemlu~ 15, 2000 Page $ ors MEMORANDUM DATE: TO: FROM: November 6, 2000 John Dunnuclg Interim Adminislralor Community Development and Environmental Services Sue Filson, Administrative Assistan~t~, Board of County Commi~ioners ~c~. - Development Services 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: James M. Anderson 66113' Street, S.W. Naples, FL 34117 Bryan P. Milk 634 Bimini Avenue Marco Island, FL 3145 James Waterman 959 Fountain Run Naples, FL 34119 Robert L. Duane 4880 6~ Avenue, S..W. Naples, FL 34119 David H. Farmer 4265 1" Avenue, N.W. Naples, FL 34119 C. Perry Peeples 248 Viking Way Naples, FL 34110 Thomas R. Peek 90 East Avenue Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive sunrotary for the Board's consideration. Please categorize the applicants in arca~ of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~ =~. ~ · · ,J. AEnvimamsnlalConsuitants November 3, 2000 Ms. Sue Fiison Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Subject: Development Services Advisory Committee, Engineer Vacancy Dear Ms. Fiison: I am very interested in serving on the Development Services Advisory Committee, and am submitting this letter and attached resume as my application to fill the current engineer vacancy. Key qualifications I offer to the position include: · 13 years of civil engineering, site design and permitting experience for the development industry in Collier County · Valuable technical knowledge of issues affecting the Community Development Services Division, the development industry and the community · E.- ' edenced CADD trainer, having arovided CADD training and consultation to s, ~ eral firms in Collier County · Strong working relationship with Development Services and other departments in Collier County Government · Small business owner active in the community and with Development Services. Land development continues in Collier County at a rate faster than most other areas of the country, making it a very exdting place to work and live. Having played a role in this growth for many years, I would welcome the chance to be more actively involved with the Development Services Advisory Committee. I understand that the purpose of the committee is to provide operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between Development Services, the development industry and the citizens of Collier County. Attached is a copy of my current resume outlining in detail my years of professional experience. I would be delighted to speak with you further about the committee vacancy, and how my qualifications and experience can be of value. Thank you for your time. Si~rely, . · cipal~ Inc. AGENDA ~J~EM pg./o M:~A,I~;~o~.WA !n¢~'7-000~ Cmpo,ta~ ~ ~ Adviso~ Cu,~mm'd,~e~l',/~a,. A.p~i~:ation cove~ ~ 2000.do¢ 3050 North Horseshoe Ddve, Suite 270, Naples, Flodda 34104 - (941) 649-1509, fax: (941) 649-7056 · www.consult-rwa.com JAM~S M. ANDF.,RSON RWA Inc. North Horseshoe Drive, Suite 270 Naples, Florida 34104 Telephone (941) 649-1.~)9 Facsimile (941) 649-7056 Mr. dbuterson is an experienced project designer, construction manager and manages the design plans production element of the firm. He is capable of performing all of the necessary planning and fundamental engineering functions required. to design and permit land development projects. He is responsible for computer-aided design and drafting training of technical sta~. Mr. Anderson develops and maintains plan production strategies using Autocad & Sofidesla Mr. Anderson has over 13 years of land development. site design and permitting experience in Collier County. .In the past, Mr. Anderson developed and implemented CADD drafting, design, and plotting standards for an E.N.R. Top 500 firm, and provided on-site CADD training and consultation for local Engineering, Planning, and/lrchitecturalfirms. PROFESSIONAL EXP~lE~NCE: January, 1997-Present: Principal, RWA Inc., Naples, Florida Project Manager/Project Designer for the following projects: Forest Glen of Naples, a 624 Acre, 798 umt master planned community and golf court. · Tuscany Reserve (FICa. Ronto-Livingston), a 450 Acre, 708 Unit master plann~ co,,,munity and golf course. · Waterways of Naples, Units 5, 6 & 7, a 250 Lot single-family Subdivision. · Lake Marion Goff Estates, a 139 Acre, 450 Unit master planned connmmity and golf course in Polk Regatta Condonninimn~ Vanderbilt Drive & Vanderbilt Beach Road. The Point~ of Pelican Bay, Phase Two. · Wiggins Crossing shopping center, Baer's Funtim Showroom, Audubon Cotmz~rcial Cent,r, Ridgeport pla~. Naples Audi / Volkswa~ expansion, Bridgestone / Fir~'tone Stor~.~ Ridgeport, CBIA Office Building, Berkshire Comaions Parcel "C", Ray's Lawn & Garden Center, Gateway Parcel 8. · Golden Gate Fire Control & Rescue District, Station # 71 Expansion. -: · Golden Gate Fire Control & Rescue District, Station It 72 @ Forest Glem Senior Project Designer for the following projects: · Deep Lagoon Boat Club, a 16-acre mixed-use waterfront ~ located in Lee County. · Saint Ann's Elementary School campus renovations. · Pebblebrooke Plaza, a 22-acre ~al · The Contessa at Bay Colony. Pg. // RWA INC. 1996-1997: Owner, MAG Inc. Naples, Florida Mr. Anderson founded MAG Inc., a Project Management and Computer Aided Design / DraftSrig servicc finn. The firm provided services for the following projects. · Pelican Sirand PUD, Collier County, Florida · Parker Lakes PUD, Lee County, Florida · Richland PUD / Pebblebrooke Lakes, Collier County, Florida · Sugden Regional Park, Collier County, Florida Quail Plaza Commercial Development, Collier County, Florida · Donovan PUD, Collier County, Florie~ Cypress Glen, Collier County, Florida · Augusta at Pelican Marsh, Collier County, Florida · Ravenna at Pelican Marsh, Collier County, Florida · Grey Oaks Villas, Grey Oaks Country Club, Collier County, Florida · The Pointe at Pelican Bay, Collier County, Florida · Gulfport Casino, Harrison County, Mississippi · Creek's End (FKA Victoria Cove), Lee County, Florida · Diamond Ridge (FKA Wood's Edge), Lee County, Florida · Pehcan Bay Golf Course Effluent Pond Expansion, Collier County, Florida · First A~sembly of God campms, Collier County, Florida · Marina Cove, Wind, tar, Collier County, Florida · Islesworth, Collier County, Florida · Tierra Bay, Collier County, Florida · Waterside Place at The Retreat, Bentley Village, Collier County, Florida 1987-1996: Wilson, Miller, Barton & Peek, Inc., Naples, Florida Senior Project Designer/Project Manager (1992-1996) Provide design, permitting and project management services for residential and commercial land development, utility, and roadway projects. Duties included preliminary site planning, utility layout and design, grading and drainage, hydraulic and earthwork calculations, l~:~mit application and support, client contact, toteraction with agencies, CADD production, field observation, contract documents, project coordination, and acco~mts receivable. Project manager and/or designer for a large number of extremely varied types of projects including: a golf course in the Bahamas; a 140~ acre regional commercial "power center"; a twenty-screen movie theater;, a large waterfront re-development project in Key West; four 15-25 acre shopping centera; private gated country club coffniianifies; condominiums; single family developments; banks; fire stations; assisted-living facilities; hospitals; gas stations; public utility transmission main extensions; public and private roadways; and public and private schools. Project Designer and Head CADD Technician (1989-1992) Engineering Technician (1987-1989) AGENDA NO. /~ C Pg. /~ M:~Admini~tralio~hRWA IncLO741004 Corl~ra~ Developmm~t~-velognnent S=rvic~ Ad~isor~ Cu,i,mlm~h~rDERSON RESUME 2 RWA INC. Project Manager or Designer for the following Projects at WMB&P, far_: Residential · Eagle Creek County Club, Quail Creek Village, Green Oak Ten-ace ACLF (AKA Summer House), Piper's Grove Phase I & R, Lely Resort Community Phase One, Falcons Glen Villas at Lely Resort, Melrose Gardens at Berl~hire Lakes, Grey Oaks Phase One Golf Course, Valencia at Orangetree. Commerc/a///ndustr/M "Hollywood 20" Cobb Movie Theater at Pine Air Lakes, North Bay Plaza (~ Pelican Bay, First National Bank Of Naples, Winn Dixie Shopping Center ~ Countryside, Key West Bight Commercial Redevelopment, DeVoe Automobile Dealership, Ridgeport PIa~'a/Toys"R"Us shopping center, Curt's Mobil at Crossroads Market, Crossroads Market at The Vineyards, Pine Air Lakes, The Shops at Eagle Creek, Barnett Bank Admimstrafion Center, Waterside Shops at Pelican Bay, Isabel Collier Read Health Park,/mmokalee Health Care Center, Bomta Shores Fire Station, Golden Gate Visitor's Information Center, Vo-Tech Phase I & IL St. Elizabeth Seton Clasaxoom Expansion, Amoco Station at Davis Blvd & CR-951. Roadways · Naples Boulevard at Pine Air Lakes, Old Groves Road at The Vineyards, Groves Road at The Vineyards, Napa Boulevard at The Vineyards, Price Street, S.R.-951, & U.S.-41 modifications for Shops at Eagle Creek, Heritage Boulevard, Airport Road Phase H 6-1anmg i .mprovements (Golden Gate Parkway to Pine Ridge Road). Utilities · Rattlesnake Ha~maock Road Water Main Abandonment and Water Service Re-connection projecLs (in conjunction with the 4-1aning projet0, Vanderbilt Beach Road Force Main and Effluent Main~ Palm Drive Water Main, Rattlesnake Hammock Water Main, Rattlesnake Hammock Road Force Main, Airport Road Water Main, Immokalee Road & C.1L-951 Force Main, Goodlette Road Water Main, U.S.-41 Force Main, Bonita Springs Waste Water System Expansion (preliminary design). EDUCATION: Undergraduate Studies toward B.A~, 1981-1982 Augustarm College, Rock Island, Illinois Undergraduate Studies toward B.A., 1982-1984 Blackhawk College, Moline, Illinois Advanced Autocad Training, 1991 Florida CAD Laboratories, Fort Myers, Florida Advanced Autocad Training 1995 Autodesk University Conference, San Francisco, California AFFH.IATIONS: · Autocad Users Group International (AUG1) · American Society of Civil Engineers (ASCE) · American Society of Certified Engineering Technicians (ASCET) · National Hot Rod Association (NHRA) · Collier Building Indu.~xy Association (CBIA) Pg./.3 M:Lauiit~,ialratim~RWA Inc~7-0004 ~te Dm, e,!~~~t So-viola Adviam~j C~...fi~qDERSON RESUME - 3 AGENDA ITy..M NO. /c~ November 3, 2000 Ms. Sue Filson Administrative Assistant Board of County Commissione's 3301 Tamiami Trail East Naples, FL 34112 Subject: Development Services Advisory Committee, Land Planner Vacancy Dear Ms. Filson: Please accept this letter of interest to fill the Land Planner vacancy on the Development Services Advisory Committee. I am very interested in serving on the committee and have outlined my key qualifications below: · 17 years of experience as a Professional Land Planner, primarily in Collier county. · 12 years of experience working for Collier county Development Services as a land planner. · Extensive background in public land use petitions, public presentations, code and policy enforcement, and development of long-range growth plans. · Review of site development plans in collier county that encompass hundreds of acres. · Excellent communication skills with proven ability to establish land use guidelines. My land planning background is extensive and diverse, and I feel would be valuable to the Development Services Advisory Committee. I would welcome the chance to become actively involved with the Committee, and understand its purpose is to provide operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a pdmary communication link between Development Services, the development industr~~ and the citizens of Collier county. A detailed resume is attached and outlines my professional experience. I hope you find that my qualifications and interest match your needs for the committee. Thank you for your time. Sincerely, Senior Land Planner 3050 North Horseshoe Drive, Suite 270, Naples, Flodda 34104 · (941) 649-1509, fax: (941) 649-7056 · www.consult-rwa.com Sent b~:ROBERT HERRMRHH RIR Nov-e2-ee e1:13~ ~ro~ 9414349237~?745&B2 Page I · architect architectureDinterior deeign t $00 $1x~h avenue sauth naples, florida 34102 ph, 941.434.9535 fax 941.434.9237 rha~rhadesign,com We IIh~pe c~ur buildings: Thereafter th~ ~hape us, -Winston Churchill James associate carol waltre's, asld asiaclaire Mr Sue Filson Admin. ~ Board of County Commissioners 3301 Tamlama Trail eaat Naples, Fledde 34112 Subject: Fax to 774,4602 to confirm Mr. Jim Waterman'e interest in Berylrig on the Development t~ervlr, es Advisory C~mmi~ Please e~t this notice that I would like to aubl~t nly qualifications to aerve on the C ~.er County Development 8ervic, es Advisory Committee. I have worked ~¥;,:' over twenty y~em in amhitec0Jre end construction administration in several leading/growing melmpoli~an areas. It ~uld be my pleasure to serve on this ao'viaory committee and lend my expertise and e~ergy to lhe ~ounty and its bu~lne~see and dtizens. T~ank you for your and I va3utd be happy to discuss my qu~ ~' cations should Rideration, :-r discussion I AGP. NDA r~ November 2, 2000 Ms. Sue Filson Collier County Government 3301 E. Tamiami Trail . ~. Naples, FL 34112 Re: Collier County Development Services Advisory Board Dear Ms. Filson: By copy of this letter I would like to be considered for another term on the Collier County Development Services Advisory Board. I understand because having served two terms, I am only eligible for reappointment if there is no other interest in the appointment, and I volunteer to serve under this condition. Also please be advised I will provide you an updated resume next week as HMA is in the process of moving this week and the office is in disarray. Thank you for your consideration in this matter, and I appreciate another chance to serve. Very truly yours, HOLE, MONTES & ASSOCIATES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD/Iaa HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS November 9, 2000 950 Encore Way. Naples, Florida 34110. Phone: 941.254.2000 · Fax: 941.254.2099 Ms. Sue Filson Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 Re: Collier County Development Services Advisory Board HM File No. 8200B Dear Ms. Filson: Please be advised that I have a continued interest in serving on the Development Service Advisory Board, should a sufficient number of individuals not express an interest in filling the five vacancies currently available on the DSA. I have been a productive member of this Board over the past 6 years, and presently chair the land use subcommittee. Through my education and experience I believe I have been an asset to this subcommittee and to the DSA. Thank you for your consideration in this matter and please find attached my resume. Very truly yours, HOLE MONTES INC. Robert L. Duane, A.I.C.I:. Planning Director RLD/laa W:\8200~B-ProfessionalhRLDXSF001110.doc AGENDA ~ NO. ,/~ - ~ ;...~ L ~~ ,... P8,- /~ -" Naoles · Fort Myers. Venice. Englewood Robert L. Duane, A.I.C.P. Education: Kansas State University Master of Regional and Commtmity Planning, 1975 Kansas State University Bachelor of Science, Economics and Business Administration Professional Registrations: American Institute of Certified Planners, Charter Member Professional Affiliations: American Planning Association Florida Planning and Zoning Association Professional Experience: As Director of Planning for Hole, Montes & Associates, Inc. (HM&A), Mr. Duane's area of expertise fulfills all aspects of planning and growth management. He has extensive experience in the preparation of comprehensive plans, amendments to comprehensive plans and zoning ordinances, rezoning, DRI review, and preparation and implementation strategies tailored to the needs of individual developments. His responsibilities include directing the firm's planning department and coordinating regulatory reviews with Collier and Lee Counties. Prior to joining HM&A, Mr. Duane was Chief Planner for Collier County from 1987-89, where he coordinated rezoning and current plan review. Prior to that, he was Principal Planner for Austin, Texas, where he headed up special project reviews, small area studies, and zoning ordinance amendment reviews. For six years, between 1979 and 1985, Mr. Duane was Chief Planner for Sanibel, Florida, during the formative years of the implementation of their Growth Management Plan. During that time, he initiated many important revisions to the Sanibel plan, including wetland overlay protection districts, and revisions to the commemial and residential components of the Land Use Plan. Between 1975 and 1979, he was Senior Planner for San Antonio, Texas, and for Louisville, Kentucky, where he participated in the development of their comprehensive plans. His graduate studies and master thesis concentrated on the application of land use controls to implement growth management systems, further broadening his knowledge of regulatory issues. Mr. Duane is qualified as an expert witness in litigation pertaining to land use, and is also recognized as an expert on all aspects of growth management in Collier County and Southwest Florida. His more than twenty years experience serving both public and private clients, combined with his academic credentials, have placed him in a leadership position in the Collier County development community and with his peers in the regulatory community. Governor Lawton Chiles reappointed Mr. Duane to a second term on the Southwest Florida Regional Planning Council and also appointed him in 1997 to the Governor's C( Sustainable Florida. Mr. Duane also serves as a member of the Collier Cour Services Advisory Board. 18/31/2888 18:12B414g84581 KEYSTONE CUSTOM HOME PAGE 81 (941) 498-4560 · (941) 498-4561 f~x Keystone ~m Homes,. Inc. 24860 Burnt Pine Drive. Bonita Springs, Fl. 34134 Fax Transmittal [] Urient ~i~ For Review [] Piem~e Oomment [] Plem~e Keply Gomment~: Signed: ~ www.k~ysmnmmstomhom~s.com · AGENDA IT~ NO. /04 pg. ~/ 1 10/31/2000 18:12 94149845~1 k'E~STK]NE CUSTOM HOHE PAGE 82 Octob~ 30, 2000 Sue Fflson Adm'mistrstive Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 RE: Development Services Advisory Committee Dear Ms. Filson: The purpose of this letter is to formally apply for a position on the Development Services Advisory Committee. I have been a resident of Collier County since 1989 and I am a registered voter. I am a licensed Professional Engineer in the state of Florida. My general background consists of planning, engineering and construction management. l am currently an active member of the Utility Code Sub-Committee of DSAC. I am dedicated and disciplined. I am available and ready to serve on this committee. I have attached a brief resume for review. Please feel free to contact me should additional information be helpful, Sincerely, David H. Farmer, PE 4265 1" Ave NW Naples, Florida 34119 348-0699 enclosure AGENDA ITEI~ NO. ?~ ~' 18/3112888 18:12 9414984561 KE~3TONE C~JST[]M HONE P~E 83 4265 IST AVE NW · NAPLES, FLORIDA · 34119 PHONE (941)341-0699 · PAX (941)491-4561 · ~,-MAIL FAKMEROPEGAT.qET.COM DAVID H. FARMER, PE SUMMARY OF QUALIFICATIONS · Cailler Coumy resident since 1989 · Regisred Voter · Florida Regimred Pmfe~ional Engineer · Member of the DSAC Ut~ Code Sub-Committee · Working knowtec~e of the Land Development Co~ · Team Player EDUCATION 1993. 1996 University of Ftorkia · Gmduar. ed with I-~nors · Two kSCE Technkal W 'ming AwarcE PROFESSIONAL EXPERIENCE C~;-,~ville, Florida Sept. 2000 Keystone Custom Homes vi~ ~r~i/vu Lard~ Bonita Springs, Florida 1996 - 2000 Coastal Engineering Consultants Inc. Nap~, Florida 19~9- 1993 MeAnly Engh~eering ~ De~n Naples, Florida REFERENCES Edward Fi--~ Director Publlc I.MIMes Opevatiom Collier Coumy 732-2575 Thomm Kuck, PE Engineering Review Manager Collier County 403-2400 Fred Reiachl, AI(~ Senior Planner Collier County 403-2 a. r0 A(~i~DA NO. pg.,~ Mitchen Cockey Edwards & Roehn 7Proh~ional A.~:~mtion Pelican Bay Financial Center Suite 300 8889 Pelican Bay Boulevard Naples, Florida 34108 Telephone: (941) 597-7088 Facsimile: (941) 597-6984 C. Perry Peeples, Esq. ppeepl~nni.~law.¢om Octo~ ,:r 20, 2000 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112-4977 Re: Development Services Advisory Committee Dear Ms. Filson: Thank you for your letter of October 13, 2000 regarding re-appointment to the above- referenced committee. At this time, I would like to be considered for another term on the Development Services Advisory Committee. Please do not hesitate to contact me if you have any questions. Thank you for your consideration in this matter. CPP/jnf Enclosure 14789vl: 99999.0006 AGEND^ rrEM_ I~o. _./_~2.~ ASSOCIATE MEMBER, EUROPEAN LAW FIRM., WITH OFFICES IN BRUSSELS AND PRINCIPAL EUROPEAN CITIES C. PERRY PEEPLES, ESQ. Work: Annis, Mitchell, Cockey, Edwards & Roehn, P.A. Pelican Bay Financial Center 8889 Pelican Bay Boulevard, Suite 300 Naples, FL 34108 Tel: (941) 597-7088 Home: 248 Viking Way Naples, FL 34110 Tel: (941) 591-3993 PROFESSIONAL: 1990 - 1996 Harter, Seerest & Emery Associate Attorney 1996 - Presem Annis, Mitchell, Cockey, Edwards & Roehn, P.A. Shareholder, specializing in real estate development and transactions with particular emphasis on acquisitions and financing, land use law, condominium. and community association law and real estate construction law. Florida Bar Board Certification as Specialist in Real Estate Law. "AV" rated Attorney by Martindale-Hubbell. Author: "Vesting of Development Rights," Collier County Bar Journal MEMBERSHIPS: The Florida Bar (Member - Real Property, Probate and Trust Law Section) (Member - Environmental and Land Use Law Section) Collier County Bar Association (Member- Real Property Law Section) Agent - Attorneys' Title Insurance Fund, Inc. Agent- Chicago Title Insurance Company Collier Building Industry Association Development Services Advisory Committee (Collier County) ED UC,,t TION: University of Florida (B.A. Political Science, Minor in Soviet and Eastern European Studies, 1985) University of Florida, College of Law (Juris Doctorate 1989) Recipient - Eldridge Hart Merit Scholarship Book Award - Real Property Law MILITAR Y: United States Army Reserve (1982 to 1988) Sergeant in 356 Military Intelligence Company 20 Special Forces Group Position: Interrogator/Russian Linguist PERSONAL: 14791vl Date of Birth: Hometown: Family: Interests: October 15, 1959 Fort Myers, FL Married to Aimee M. Peeples; Children: Abigail and Hank Camping, Fishing, Scuba Diving A~.NDA ~ [ NO. /~z.--~ Received Nov-e6-e0 12:17pm from 941 597 8800 -~ Scanner Page 1 FROH : PIEi~-~, IHC. FRX NO. : 941 5'9*? ~ I,k:w. ~6 2EMla 11:1Bq1,1 P1 Thom Peek 90 F, aat Avenue, N~lem, FL 341011 November 6, 2000 M~ Sue l~ilson A~miai~rative Aui~ Board of Collie~ CouaW Commissioaem 3301 ~ Tlmismi Trill N~p~e~, ~L 34112.49'/'/ Subjeer: R~ppointm~t to Development Sel~ioes Advisory Committ~ Dear Ms, Fibon: PLease sr~,ept this u my roquost to b~ ~on~idered ~or rotppointment to tl~ Development Servi~*s Advisory Committee. I have served on cM DSAC since tu incopfion~ I law been boaored to ~ve ae~ved twi~ u ~he DSAC Cba/rm~ aad al~o u tt~ e,!~rma= o.~ the Lsnd Development Code amt the Utility Code sub-con-,mittee~, My abbrevtat~ resume is u follows: * I am · :Florld~ !lc~d Civil B~lneer and Laad Surveyor. · 199~-Preuat Prudent ~iy ~ ~=l~m ~m~ P~k~, ~. * 1969-1~ ~ B~n~ ~r ~Ut~ Count. * 1~a-1969 ~~ Co~ ~i~ ~r ~IU~ Co~. * 1~3-1968 Ct~l ~n~ ~ ~vo ~ ~th ~o U~ S~ ~ ~. Thomn It. Peek, P.E.,P.S.IVL Rome P/~: 941-$P?-9544 ~AI'rEM~ NO. /~ ~ MEMORANDUM DATE: November 8, 2000 TO: John Dunnuck, Interim Administrator Community Development and Env~tal Services F~OM: Sue Filson, Administrative Assistm~./l~-- - ~ Board of County Commissioners RE: Development Services 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: Dalas D. Disney 125 Airport Road North, Suite 200 Naples, FL 34104 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 · 11-07-22~0 B:23PM F-ROM DISNEY/ASSOCIATES 941 261 9414 P. 1 Disney & Associates, P.A. Archttectur~ al~d Planning 125 Airport Road No~h Suite 200 Naplea. Florida 34104 Phone 941-261 -3399 F&c$imit¢ 941-261-9~14 November 7, 2000 Board of County Commission Collier County Florida 3301 East Tamiami Trail Naples, Florida 34112 Aim: Ms. Sue Filson Re: Development Services Advisory Committee Member Keapgointment Request Dear Ms. Filson: This letter is to respectfully request reappointment as a member of the Development Services Advisory Committee and in response to the recent advertisement. My tenure on this eommitlee as been most rewarding and I believe an assist to Collier County. As chairman for the past year I have gained a renewed respect for the working of the Development Services Departmen! and the important work that is undertaken by the staff. I have been involved in issues that are not yet concluded and a reappointment would allow my involvement in the completion of numerous interesting tasks. Thank you in advance for the consideration and your time in reviewing dais request. Attached is a resume of my recent professional activities as re~luired by your notice. Siaeerely, Dalas D. Disney, AIA '" - NO. 11-07-2000 6=24F~4 FROM DISNEY/ASSOCIATES 941 261 9414 P. 2 CURRICULUM VITAE Dalas D. Disney, AIA Disney & Associates, P.A. 125 Airport Road N., Suite 200 .Naples, Florida 34104 (gal) 261-3399 PROFESSIONAL Registered Architect State of Colorado, t983 Sta~e of Florida, 1987 National Council of Architectural Reg[s~on Boards, 1987 Code Inspector Florida I~mment of F.3ducation, Uniform Building Code lnv, peetor C..ertitied Inspector, 1990, 1994 Professional Member Florida Educational Facility Planners Association American Institute of Architects Former Member St. Jolm Neumann Cmholic High School, School Board, Naples, Florida Development Services Advisory Committee, Collier County, Florida EXPERIENCE April 1994 Disney & Associate, PA, Ar~hitect~ and Planners, Naples, Florida 1993 to 1994 Latavish, Disney & A~ociates, P.A., Arehitec*s, Naples, Florida Principal 1988 to 1993 Interim Director, Office of Facilities Planning and Construction, School Board Architect. and Project Manager, Collier Gouaty Public Schools, Naples, Florida 1986 to 1988 W.R. Frizzell Architect~, Fort My~'~, Florida Principal, Director ofConatruct/on Admiai~tion 1985 to 1986 The Mulhem Group, Denver, Colorado Director of Consltuction Services and Project Manager 1984 to 1985 C.W. Fentre.~ and Associates, Denver, Colorado Project Amhil~et and Construction Administrator 1981 to 1983 The Luckman Partnership, Los Angeles and D~ver 19?8 to 1981 HHCP Architects, Inc., Maitland, Florida Project Captain 1973 to 1978 W. IL Frizzell Amhite~-~, Fort Myers, Florida Job Captain and Architectural Draftsman Pa. 11-07-2[~0 S:24PM FROM DISNEY?ASSOCIATES 941 261 9414 CURRICULUM VITAE Dalas D. Disney, AlA continued EX OmlTIONS ArchiYecmre ~s Art, Lee Coun~ Alliance o~the Arts, 1988, One DTC Office Building RELATED PROFESSIONAL ACTMTIES Member, Professiorta] Regulation Committee, Florida Southwest Chapter, American Institute of Architects Member, Contyactors E0(amining Board - 1992 City of Naples, Florida, Member, Development Services Advisooy Committee - 1994 Collier County, Florida American Institute of Architects - Florida Southwest Chapter - Treasurer- 1995 Naple)ffFt. Myers, Florida RECENT CONTINLrlNG EDUCATION Public Construction in the Southeast: Preventing Problems and Resolving Disputes, National Construction Law Center, Inc., Atlanta, (~ccrrgia, 1993 Wind Resistance in Low Rise Cons~xu~ion, Florida Department of F_~lucational Facilities, Boca Raton, Florida, 1993 Energy Conscious Arckitecture, 1997 Indoor Environment, 1997 Subsudace Conditions, 1998 Fire Safer), in Buildings, 1998 Wind Forces, 1999 EXECUTIVE SUMMARY THAT THE COMMUNITY REDEVELOPMENT AGENCY BOARD REVIEW THE PROPOSAL RECEIVED FOR THE GATEWAY "MINI TRIANGLE" REDEVELOPMENT PROJECT; NOT ACCEPT THE PROPOSAL AS SUBMITTED; AND DIRECT STAFF TO RETURN TO THE BOARD WITHIN 120 DAYS TO CONSIDER RE-ADVERTISING" AN INVITATION TO SUBMIT PROPOSALS" WITH ADDITIONAL SUBMITTAL REQUIREMENTS. OBJECTIVE: To receive a brief presentation of the Bella Villaggio proposal that was submitted to the Community Redevelopment Agency (CRA) Board by FPReal Estate Investment LC and have. the CRA Board review options for proceeding with this project. The "mini triangle" project is identified in the Community Redevelopment Plan as a catalyst project to further redevelopment activities within the Bayshore/Gateway Triangle Redevelopment area. CONSIDERATIONS: On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and 2000-83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (Bayshore/Gateway Triangle and Immokalee) as areas in need of redevelopment. On June 13, 2000 the Board of County Commissioners adopted Resolution 2000-181 adopting the Community Redevelopment Plan. The Bayshore/Gateway Triangle Redevelopment Plan identifies four catalyst projects that are designed to stimulate redevelopment and improve the area. One of the catalyst projects identified was the western apex of the Triangle defined by US 41 East, Davis Boulevard and Commercial Drive (see Figure 1). This site referred to as the "mini triangle" was identified as an opportunity to redevelop the entire site as a "moderate center" with a mix of uses including a hotel, restaurants, and offices. This site was recognized as an opportunity to provide a significant entry statement for the redevelopment area as a whole. To facilitate the "mini Triangle" redevelopment project staff published an "Invitation to Submit Proposals for the Redevelopment and Disposition of Real Property" for the project site. The notice invited proposals from private redevelopers or any persons interested in undertaking to redevelop or rehabilitate the area. Proposals were due on November 22, 2000. One proposal was received from FP Real Estate Investment LC. The proposal received, Bella Villaggio, is designed to include a mix of uses including office, retail, residential and a hotel. The proposal includes 250,000 square feet of office, 175,000 square feet of retail, 200-room hotel and 80 to 85 residential units. The proposal also suggests an architectural theme, county contributions and infrastructure improvements. The proposal as submitted exceeds the threshold (See Figure 2) as a Development of Regional Impact (DRI). Developments of Regional Impact as authorized by Section 380.06, Florida Statutes are defined as "any development, which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county." AGENDA ITEM NO. FEB 2 7 2001 ~0. / PREPARED BY: ~~~(~ February 9, 2001 DEBRAH PRESTON, AICP DATE CHIEF PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: STAN LITSINGER, AICP DATE COMPREHENSIVE PLANNING MANAGER REVIEWED BY: B HERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: J(~-iN DUNNUCK DATE II~TERIM AI~MINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES AGENDA ITEM No. -3- FEB 2 ? 200 F/GL/RE ! BA YSI-IORE / GA TEWA Y TRIANGLE REDEI/EIOPMENT AREA MINI TRIANGLE PROJECT r BOULEVARD I PROJECT AREA ~ NO. ~ FEB PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION ~OMM~NiTY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 0 ~OOFT ~OOOFT. DATE: ~0 2000 FILE: DEB-BAYGATE2DWO ~ ..... . AGENDA ITEM FEB g ? ~001 PO. · -"" EXECUTIVE SUMMARY PETITION PUD-86-22 (2), MR. WILLIAM HOOVER, REPRESENTING MR. PETER LONGO OF OHIO SEALANTS, REQUESTING AN AMENDMENT TO THE PINE RIDGE CENTER PUD HAVING THE EFFECT OF PROVIDING AN EAST/WEST CROSS ACCESS ROAD ON THE PUD MASTER PLAN AND ADDING TRACT "C" TO THE PLAN, CORRECTING THE PROJECT ACREAGE AND THE PROPERTY OWNER'S ADDRESS, AND ADDING ADDITIONAL RETAIL COMMERCIAL USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD AND APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: PUD-88-11 (2) OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from PUD to PUD for the purpose of amending the Pine Ridge Center Planned Unit Development (PUD), Ordinance Number 98-31 as noted above. CONSIDERATIONS: The subject site is located within Interchange Activity Center #10, which functions as an area that provides for a mixture of commercial uses for the traveling public. The current Pine Ridge Center PUD allows for retail commercial uses in Tract "B" such as auto supply stores, banks, restaurants, health services, hotels, drug stores, florists, medical offices and miscellaneous retail uses that are similar to the C-3 zoning district. Due to changing market conditions, the petitioner is requesting to add Tract "C" fronting on Pine Ridge Road that permits the currently approved uses in Tract "B" plus the following additional uses. Apparel stores (SIC Groups 5611-5699); food stores (Groups 5421-5499); general merchandise stores (Groups 5311-5399); home furnishing stores; garden supply stores, dry cleaning shops, barber shops and other similar C-3 type uses. In Tract "B" only, the petitioner is requesting to add a general contractor's office (Groups 1521-1542); buildipg material dealers, trade contractors, and miscellaneous repair (Groups 7622-7641). All of the permitted uses in Tract "B" shall be required to meet stringent architectural standards with a prohibition on outside storage and limitations on truck sizes for any contractor or building supply business. In addition, the proposed uses in the revised PUD document are similar in character to the uses that are currently approved in the PUD document and which are consistent with the intent of the Activity Center. The buffering standards, setback standards and architectural standards meet or exceed all requirements of the' Land Development Code. In addition, the PUD Master Plan has been revised to provide a cross-access road that aligns with the Pine View PUD to the east and with the cross-access with the companion PUD to the west. The intent is to proxfde a service or frontage road that will serve all the commercial parcels in this Activity Center quadrant between the Fire Station and Whippoorwill Lane. Lastly, the Master Plan has been designed to work in conjunction with Pine Ridge Center West PUD to form one unified plan of development. / The applicant's Traffic Impact Statement (TIS) indicates that the currently approved commercial PUD could generate 3,071 trips. Since the proposed amendment will not increase the size or intensity of the approved PUD, the difference in site-generated trips will not exceed the significant impact test (5 percent of the LOS "C" design volume) of Pine Ridge Road (C.R. 896). Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. The current traffic count for the segment of C.R. 896 fronting the project is 39,025 and is operating at LOS "F". However, this segment is currently being improved to 6-lanes by 2001/02, which will remm the LOS to an acceptable standard. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: $578.00 · Libraries Impact Fee: $180.52 · Fire Impact Fee: $0.15 per square foot under roof · Road Impact Fee: $1,755.00 per 1,000 square feet · Correctional Facility: $1.0920 per square foot · Radon Impact Fee: $0.005 per square foot under roof · B.C.A.I. Impact Fee: $0.005 per square foot under roof · EMS Impact Fee: $132.00 per 1,000 square feet The total amount of impact fees for the commercial area is $314,658.52. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build- out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated 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. 2 FEB 2 7 2001 Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, 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 that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject PUD is designated Urban (Urban - Mixed Use District. Interchange Activity Center Sub- district) on the Future Land Use Map of the Growth Management Plan. This Interchange Activity Center will permit commercial and industrial land uses that serve regional markets, provided each such- '" use is compatible with existing and approved land uses. Based on staff's review, the proposed additional commercial uses are consistent with the Growth Management Plan. It should be noted that this PUD amendment petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the GMP can't have an adverse impact. This petition was reviewed for consistency and v,:as found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. ENVIRONMENTAL ISSUES: Due to the small size of the site and the previously approved environmental stipulations contained in the PUD Document. the Planning Services Department Environmental staff has recommended approval of this proposed amendment as submitted. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the. petitioner's proposed amendment and have recommended approval. Since no EIS is required, this petition was not required to go before the Environmental Advisory Council (EAC). PLANNING COMMISSION RECOMMENDAIION: The Collier County Planning Commission (CCPC) heard this petition on February 1, 2001. They voted (6 to 1) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the PUD document. This motion included revising the Transportation stipulation contained in Section 4.8.G. of the PUD document to eliminate the term "system-capacity" from the requirement that improvements be in place prior to the issuance of any Certificates of Occupancy for the development. The Commissioners indicated that this wording could result in undue hardship on the applicant since there is no policy or regulation in the Growth Management Plan allowing this restriction. Furthermore, 6-lane improvement to Pine Ridge Road is currently under construction making this restriction for all practical purposes obsolete. The Planning Commissioner voting against this motion stated that the previously approved stipulation could prevent this project's trips from impacting Pine Ridge Road until the road construction is cons! ~ ................. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD-86-22 (2) subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. PREPARED 9/: . RAY~ELLOWS, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION ~)*ALD ~.. NINO, AICP, MANAGER DATE K~O~3ER~J-. MULHE.RE, AICP, DIRECTOR DATE PLASS NC/SERV!CES DEPARTMENT . / / /./ ~ APPROVED BY: JO ~ I~I. DUNNUCK,'I , IN~ffERIM ADMINISTRATOR DATE ' COM~ITY DEV. A~ ENVIRO~ENTAL SVCS. P~-86-22-(2)/EX S~MARY~VB/rb AGENDA ITEM NO. ~ -' FEB 2 ? 2001 4 AGENDA ITEM 7-(/ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: JANUARY 11, 2001 RE: PETITION NO: PUD-86-22 (2), PINE RIDGE CENTER PUD COMPA3qlON ITEM: PUD-88-11 (2) AGENT/APPLICANT: Agent: Mr: William Hoover Owner: Mr. Peter Longo Hoover Planning & Development, Inc. Ohio Sealants 3785 Airport Road, Suite B-1 7405 Production Drive Naples, Florida 34105 Mentor, Ohio 44060 GEOGRAPHIC LOCATION: The subject property is located on the south side of Pine Ridge Road (CR-896) and approximately 660 feet west of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East. (See illustration on following page.) REQUESTED ACTION: This petition seeks to amend the currently approved Pine Ridge Center Planned Unit Development for the purposes of providing an east/west cross access road on the PUD Master Plan and adding Tract "C" to the plan. This petition also corrects the project acreage from 8.79 acres to 8.73 acres and revising the property owner's address. Lastly this amendment provides additional retail uses to the list of permitted uses. PURPOSE/DESCRIPTION OF PROJECT: The subject site is located within the Pine Ridge Road/I-75 Interchange Activity Center which functions as an area that provides for a mixture of commercial uses for the traveling public. The current Pine Ridge Center PUD allows for retail commercial uses in Tract "B" such as auto supply stores, banks, restaurants, health services, hotels, drug stores, florists, medical offices and miscellaneous retail uses that are similar to the C-3 zoning district. Due to changing market conditions, the petitioner is requesting to add Tract "C" fronting on Pine Ridge Road that permits the currently approved uses in Tract "B" plus the following additional uses. Apparel stores (SIC Groups 5611-5699); food stores (Groups 5421-5499); general merchandise stores (Groups 5311- 5399); home furnishing stores; garden supply stores, dry cleaning shops, barber shops [uad~other.., similar C-3 type uses. In Tract "B" only, the petitioner is requesting to add a general contractor's office (Groups 1521- 1542); building material dealers, trade contractors, and miscellaneous repair (Groups 7622- 7641). All of the permitted uses in Tract "B" shall be required to meet stringent architectural standards with a prohibition on outside storage and limitations on truck sizes for any contractor or building supply business. In addition, the proposed uses in the revised PUD document are similar in character to the uses that are currently approved in the PUD document and which are consistent with the intent of the Activity Center. The buffering standards, setback standards and architectural standards meet or exceed all requirements of the Land Development Code. In addition, the PUD Master Plan has been revised to provide a cross-access road that aligns with the Pine View PUD to the east and with the cross-access with the companion PUD to the west. The intent is to provide a service or frontage road that will serve all the commercial parcels in this Activity Center quadrant between the Fire Station and Whippoorwill Lane. Lastly, the Master Plan has been designed to work in conjunction with Pine Ridge Center West PUD to form one unified plan of development. SURROUNDING LAND USE AND ZONING: Existing Conditions: As illustrated on the aerial photograph below, the subject site is undeveloped and is zoned PUD. Surrounding: North: - Pine Ridge Road and the partially developed Naples Gateway PUD that contains a motel and a proposed motorcycle dealer. East: - Undeveloped commercial: Zoned Pine View PUD. South: - To the south is Hospice of Naples that is zoned RMF-6. West - Undeveloped commercial land: Zoned: Pine Ridge Center West PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities for review of the ~ PUD for consistency with the current Growth Management Plan (GMP) and they find the following: Future Land Use Element: The subject site is located within the Urban Mixed Use Designated Area and Interchange Activity Center #10 as identified on the Future Land Use Map and Element (FLUE) of the GMP. The function of the Activity Center is to provide for a mixture of commercial uses (i.e.: restaurants, gasoline service stations and convenience uses) for the traveling and passer-by public. In addition, the site was zoned PUD in 1986 allowing for .. commercial retail land uses, therefore, this amendment that adds more C-3 uses is deemed consistent with the FLUE of the GMP. Transportation Element: The traffic impact review indicates that there is no significant difference in the site-generated trips from the currently approved PUD versus the proposed amendment to add additional C-3 uses to the list of permitted uses. As a result, the proposed change will not exceed the significance test on Pine Ridge Road (CR-896) within the project's radius of development influence (RDI). In addition, CR-896 is currently a 4-lane arterial road fronting the project. The current traffic count for this segment is 30,025 AADT, which results in LOS "F" operation. However, this segment is currently being improved to 6-lanes by late 2001 or early 2002. At that time, the level of service will return to an acceptable standard. Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by 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 is subject to a concurrency review. This review is subject to the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed PUD amendment 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: 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. However, Section 2.2.25.8.1 of the Land Development Code requires the following. If during the course of site clearing, excavation or other construction activity an historic or archaeological ai-tifact is found, all development within the minimum area necessary to protect the discovery shall be. immediately stopped and the Collier County Code Enforcement Depmhnent contacted. STAFF EVALUATION FOR ENVIRONMENTAL ISSUES, TRANSPORTATION AND INFRASTRUCTURE: This petition Was reviewed by the appropriate staff responsible for the oversight of the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Sen'ices Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. This amendment has been approved by the o Environmental staff subject to a revision to the Master Plan that indicates that a minimum of 1.35 acres (15 percent) of the existing native vegetation will be preserved on site. Due to the small size of the site and existing conditions, this petition was not required to go to the Environmental Advisor3' Council. EVALUATION: The purpose of this petition is to amend the Pine Ridge Center PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent of this type of zoning procedure is to achieve a level of administrative convenience by avoiding the requirement to track amendments to the original document in order to understand the totality of the regulations as 'they apply to this PUD zoning district. Because of this reason, the required findings for standard and PUD rezones do not apply to this petition. Furthermore, in recognition of the fact that when the property was initially rezone& the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. Nevertheless, staff has evaluated the proposed amendment and has the following comments. The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan. This analysis is made whether or not the proposed amendment would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration usually dealt with as a function of analyzing the relationship of the rezoning action to the long-range plan for all future land uses. The most important facet of the rezoning action 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 not affect the timing of development because of subsequent permitting requirements. Relationship to Future Land Use Element: With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the relationship of the propoSed zoning action to the FLUE. In the case at hand, and based upon the FLUE, we have an expectation that the land will be used and developed for those land uses consistent with the Interchange Activity Center Sub-district. The proposed PUD Document also includes the same intensity of commercial uses that was approved in the adjacent commercial PUD developments to the east. The PUD proposes a mixture of commercial uses. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within this Activity Center. 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 to the GMP. , // Relationship_to Existin~ Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land usc planning, refers to thc relationship of the proposed zoning action to thc surrounding properties. Thc permitted uses within thc subject PUD arc similar to thc 'uses approved in thc Pine View PUD to thc cast and thc Sutberland Center PUD east of Whippoorwill Lane. To thc south of thc subject site is hospice care facility that is zoned RMF-6 with a conditional usc. Thc property to thc north across Pine Ridge Road is approved for commercial uses and is within Interchange Activity Center #10. To improve thc relationship and compatibility with thc adjacent RMF-6 zoned land, this PUD provides a Type "B" landscape buffer (15 feet wide) along thc southern property linc along with thc preserve and water management ama of Tract "A" that is approximately 195 fcct deep. Lastly, the maximum height of structures is 40 feet, which is the same height allowed in the currently approved PUD to the west. In addition, the PUD Master Plan provides 3 primary land use parcels on-site that are accessed from a shared access point with the Pine Ridge Center West PUD. To ensure compatibility with adjacent land uses, the commercial structures are subject to Architectural and Site Design requirements of Section 2.8 of the LDC and additional standards contained in the PUD requiring a unified theme. The general development standards include Front Yard setbacks that are similar to the Pine View PUD zoning district and the Sutherland Center PUD to the east. With respect to compatibility issues, staff is of the opinion .that the subject petition is consistent with the GIMP. The project is also compatible with other approved commercial land uses in the area. Utility Infrastructure - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of site development plan review. Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on Pine Ridge Road by virtue of the fact that vehicular site generated trips will not exceed 5% of the LOS "C" design capacity. Furthermore, it should be appreciated that all future development is subject to actions that may be taken as a result of application of the County's Concurrency Management provisions. PUD Development Standards & Master Plan - The requested changes to the currently approved Master Plan will improve traffic circulation with the provision of a frontage road within this development that will connect all the commercial parcels within this quadrant. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition pUD-86-22 (2) to the Board of County Commissioners with a recommendation for approval subject to the conditions of apProval that have been incorporated into the PUD Document. ~y~~ - I-ii.of LOW-S, PRINCIPAL PLANNER DATE CURR~NT PLANNING SECTION R'ONALI~' ~. ~,, ~CP, MANAGER DATE CURRENT PLANNING SECTION , ..~P, DL~CTO~ DATE PLANNING SERVICES DEPARTMENT APPROVED BY: JOH~. D~CK, III, INTERIM ADMINISTRATOR DATE COM~IUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the February 1,2001, CCPC meeting. COLLIER COUNTY G COMMISSION: Major Group 15.--BUILDING CONSTRUCTION--GENERAL CONTRACTORS AND OPERATIVE BUILDERS The Major Group as a Whole This major group includes general contractors and operative builders primarily engaged in the construction of residential, farm, industrial, commercial, or other buildln~m~. General building contractors who combine a special trade with the contracting are included in th. is major group. Industry Group Industry No. No. 152 GENERAL BUILDING CONTRACTORS--RESIDENTIAL BUILDINGS Proposed Use 1521 General ContractorsmSingle-Family Houses General contractors primarily engaged in construction (including new work, additions, alterations, remodeling, and repair) of single-family houses. Building alterations, smgle-fnmily-- O~e-f~mily booze constr~ico--~ner- genersJ contr~ors ~l Budding construction, ~gle~family-- Prefabr~c~ siagle-family house~ er~c- genernl toni. racers ~on---genernl Custom buflaer~ single-fan~ly houz~s-- Pren~nufw:O&red housing, ningle- genertl contractors fn,mily {~z~embled on site~---gener~l l)e~igmn~ and erecting combineck contractors w, ngle-fandly houses--genera] cot~- ]~modetin~ bui]ding~, single-family-- t~'actor~ general Home /mpr~vement~ single-family-- Renovat/ng buildings, ~gIe-family-- general conwnctor~ genern.] contractors Hot,se construction, mngle-family---gen- l~epairing bt~lln~. ~ngle=fa~ti]y--gen- emi oontr~'tors ertl contrnctor~ House: sheI1 erec~on, s~ngle-fm:nily-- l~m/denti~ coastruct, io~ stogie- general contractors family-=g~nemi contr~'~or~ Mob;lc borne r~Pmx, on =itc---general ltowhoose {sangle-fnmily)con~.ructiot~-- contrs~-'tors gener~ COD tra~'~m Moch~l~r t~a~ing, si~'le=fmaily (ansem- Town~ott~ cona~ruction--genemi con- bled on sit~)---g~nemi contractor~ tractors Proposed Use 1522 General Contractors--Residential Buildings, Other Than Single-Family General contractors primarily engaged in construction (including new work, a. additions, alterations, remodeling, and repair) of residential buildings other than single-fsmily houses. :: Apm'tment bu/ld~g construction--gen- Hot~] construct/on--genenfl contr~tor~ ~' emi co~tt~-ncto~,'s Motel constru~tion--g~nemi contrnc- ~:' Bund/rig nlter~tion& resident/~: except tom smgle-f~nfly---genemi co~tractor~ Pr~fabric~t~t bu/lding erect/on, rexi- . l~ikling comstruction~ rmidential: dent~ak except si~te-fLmilT--~enemi ~ except single-f&mily~nemi con- . Custom builder~ re~identi~k exo~pt except singlt~ftmily--g~nemi con- singl e=family-=genemi contrnctom -. Dexig~ ~nd erecting, combined: ~ Renovnting buildi~g~ residential: dentin], except si~e4~ntly--genernl except ~ngle-f~naily--g~neral con- Dormitory construction--general co~- P~paiting I~ild~ ~;~identinl: except ~ tr~ztoru sing~ e-family--=gen ertl contrnc~rs Home im~nv.=ment~ renidential: P.e~dtent~l construction, except Permitted Use 1531 Operative Builders Builders primarily engaged in the construction of single-family houses and other buildings for sale on their own account rather than as contractors. Es- tabl/shments primarily engaged in the construction (including renovation) of buildings for lease or rental on their own account are classified in Real Estate, Industry Group 651. Condominium developer~ on own nc- Opentti~e builders on own nccount Ccoper~tive ap~unent developers on ,.. .... GENERAL BUILDING CONTRACTORS--NONRESIDENTIAL BUILDINGS 1541 General Contractors--Industrial Buildings and Warehouses General contractors primarily engaged in the construction (including new Proposed Use work, additions, alterationa, remodeling, and repair) of industrial buildings nnd warehou.~s, roach aa aluminum plants, automobile assembly plantr~ phar- maceutical manufacturing plants, and commercial warehouses. Alumioum plant co~struction~genersl Gra~ ele*&tor contrnctor~ Building alterationa, mdu.n~ia] and I~du~triatl b~ld~ng con~uc~ion---g~n- w~rehou.~genera] coatz-~-tors erin] co~tr~rm B~il&ing componenl~ ma~ttl'ncturmg ~ndtmtria] p~ant cov. struct.ion~genern] p~nt cm~cructJon~ge~.rnJ contrnc- contrnCtorl too Pntper pulp m~l. construction--general Bt~lcl~n~ ~on~-uction, industrial and contr~--tors Cleaa room construct~on---gener~ con- o~t~uct, ioo~utr~J cont~cto~ Cold storage plnnt c~nstructioo--gener- trial--geuem] contrnc'tors Con~nezciaJ w~.-ebouse C~D~xuction-- warehou~---gener~l contrnctors C'u~om I:~iJders, induzta-i~l and w~"e- warehouze~gener~ D~igning nnd er~ctiag, combln~:l~ in. war~hout~g~.era] duztrial--general coatrac~or~ 7~mck ~nd automobile aza~mbly ph~nt Oryc]e~ntz~ plant con~xuc~on~geaer- cor,.~ruction---gener~ contrn~rs · 1 o~ntrn~ors Warehouse cor~tructioa--genernJ con- Factory con~tt-u~cion~raJ coat. ac- t. rac~rs tots Food produc~s raa~ufacturing or p~ck- ing plant constru~Joa---gener~ coD- t~actors 1542 General Contractors--Nonresidential Buildings, Other Than Industrial Buiiding~ and Warehouses General contractors primarily engaged in the construction (including new Pronosed Use work, additions, alterations, remodeling,, and repair) of nonresidential build- ings, other than industrial buildings and warehouses. Included are nonresiden- tial buildings, such as commercial, institutional, religious, and amusement and recreational builcLiags. General contractors primarily engaged in the con- stru~ion of industrial buildings and warehouses are claasified in Industry 1541. Admi~iztra~ioa building cona-tructioa-- Bu~ilcl~g alt~ration~ general contractors except industrial and warehou~e~-- Auditorium conztruc~oa--gencral con- general trac~or~ Building eonz'tru~o~, nonr~zidential: Ba~k bu~ construction-~geaeral exoept indu~.r~l smd c0atr~tors general con t.r~ators Major Group 52.--BUILDING MATERIALS, HARDWARE, GARDEN SUPPLY, AND MOBILE HOME DEALERS 521 LUMBER AND OTHER BUILDING MATERIALS DEAl.ERS Permitted Use 5211 Lumber and Other Building Materials Dealera F~tablishments engaged in selling primarily lumber, or lumber and a ~ener- al line of building materials, to the general public. While these e~tabliabment~ may sell primarily to construction contractors, they are known aa retail in the trade. The lumber which they sell may include rough and dreased lumber, flooring, molding, doora, sashes, frames, and other millwork. The building ma- terialz may include roofing, siding, shingles, wallboard, ~int, brick, tile, cement, sand, gravel, and other building materials and supplies. Hardware often an important line sold by retail lumber and building materials dealera. Establlnhments which do not sell to the general public and these which are known in the trade az wholesale are clarified in Wholesale Trade, Industry Group 503. Brick and ~a dealem~mt~il Luml~r Building matorial~ daaler~--m~J ~l]d~ng~ prefabr~nt, ed--rt.~d] t~mber and Concr~ and cinder block d~d~-- tnsula~on matorial, b~ldln~--reta~ STANDARD INDUSTRIAL CLASSIFICATION lndu~try Group I~du~y $23 PAINT, GLASS, AND WALLPAPER STORES=Con. Permitted Use 5~.31 Paint, Glass, nnd Wnllpaper Stores--Con. Glass store--retail W~llcoverin~ st~re~-retail P~int store~-retni] Wnllpaper st~r~eLail 525 HARDWARE STORES 5251 Hardware Stores E, stablishments primarily engaged in the retail sale o£ a number of basic Permitted Use hardware lines, such as tools, builders' hardware, paint a_ud glass, housewares and household appliances, and cutler~. B~tde~s' lmrdware~retail H&ndtools--ret~il C~ n~nws--ret~l Har~wnre Door lock~ and took ~ets--rec~i] Too~ power n~d lmnd---rwta~ $26 RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES $261 Retail Nurseries, Lawn and Garden Supply Stores Establishments primarily engaged in selling trees, shrubs, other plants, Permitted Use seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden too]s, and other garden supplies to the genera] public. These establishments primarily sell product~ purchased from others, but may sell some plants w~ich the~ ~row themselves. Establishments primarily en~a~ed in growing trees (except C~ristmas trees), s~rubs, other plants, seeds, and bulbs are classified in culture, Major Group 0! and those ~owin~ Christmas trees are classified in Industr~ 0~11. C~t'i~ma~ trt. e~ (nnt~r~l~--ret~l Power mowere---re~aH Gamien supplie~ smd t~otn~re~til Nursery ~ ~ ~nd bulb~--ret~U 527 MOBILE HOME DEALERS ~ot Permitted ~me Dealers Establm~~ enga~e~ i~r~t~e of new and used mobile homes~' aml' y selling travel trailers Mobile home equipment--retail . Mobile homeg now and ' Mobile home ~ ~nd retail Major Group 17.~CONSTRUCTION~SPECIAL TRADE PLYING, }tEA?lNG AND AIR.CONDITIONING .. Permitted Use 1711 Plumbing, Heatin~ and Ah--Conditioning Special trade contractors primarily engaged in plumbing, heating, ~r.eondi- tioning, and ~imilm' work. Sheet metal work performed by plumbing, hea~n~, and ~ir-.conditioning contractom in eonjun~ion with the inst~llatiou of plumb- ing, heating, and air.~onditioning equipment i~ included here, bu~ roofing and ~heet metal work eon~ac~m are cl~ified in l. ndu~ry 15'{11. 'Spec'id trade contract, om prima.rily engaged in electriea] work 8.re classified in Industry 1731. BoOer er~"~iou ~nd l.af~.alhtion--~m- l~fri~rntlon and fr~e~.r D~im~e ~ inst~l~t~on, eemq~oi Sewer hookups and eonnection~ f~ ~ ing---o~tr&etor~ Heating. ,th , without ~heet metal Ventilating work. ~tth or without ah~t I.m~n sprinkler system ins~llatio~-- Water pump in~nl~tion ~nd ~ i PAINTING AND PAPER HANGING 1721 Painting and Paper Hanging Special trade contractors primarily engaged in painting and papor hanging. Special trade contractors primarily engaged in roof painting are classified in Permitted Use Industry 1761. Bridge pah~ting--coetr~'~ors Paper h~---contrnctor~ £1ectroetatic pe.~t~ on site ('mclu~ng Ship p~nting--contrnc~rs of lockers ~nd fc~tures~--~ont_,~c~rs Tr~T~c ~ p~tintLn~--contr~rtors Hou~ peru t~ng--=c~ntr~-"*.o~ Whitewashing --coo t.r~cto rs Painting of buil~ and other s~ruc- ELECTRICAL WORK 1731 Electrical Work Special trade contractors primarily engaged in electrical work at the site. The construction of transmission Lines is classified in Industry 1623, and elec- tric~ work carried on in repair shops is classified in Services, Industry Group 762. F, stablish~nents pz-Lmarily engaged in monitoring of burglar and fire alar~ns with incidental installation are classified in Services, Industry 7382. Burglar ~]~'n= LrmutllaLion-=cont. rm~ors Highway light~ng ~nd etectrica] C~ble television hookup--contrnc~rs InterC°mmunicnt~ona equipment Communic. ntJorm eqttipment in~t~[a- lation---contr~_'tors t~ on ---con t~'~.ors Sound eqtt~pment E]ec~.r~c~ repzxr at site of cotx~-u~- t~rs ~on--c~ntrnc~r~ Telecomm unicatiorm eq~pment I~.~ec-~c~ wot k---oon ~rnc-tors ).s tion ---co n tractors E]oc~xon~c con~rol ~tem inzt~l~tio~-- Telephone ~nd telephone equipment m- con cmos. ors staliation---con t motors F~re s~arm inz~L~ioa--contxnctor~ MASONRY, STONEWORK, TILE SETI~ING, AND PLASTERING 1741 Masonry, Stone Setting, and Other Stone Work Special trade contractors primarily engaged in masonry work, stone setting, and other stone work. Special trade contractors primarily engaged in concrete work a~e classified in Industry 1771; those engaged in digging foundations are classified in Industry 1794; and those engaged in the construction of streets, Permitted Use highways, and alleys are classified in Industry 1611. B ricklaYmg--cont, ractors Ma~om-y--con ~rnctors C]-~noey con~cruct, iot~ and mm~t~- ~ef~-tory br'~k corm%ruction--cont,-nc- Concrete block la~-ing--a~ntrnctors Ret. a~ing wall co~truction: block. Foundations, building of: block, stone, stoae, or brick--contractors or brick----c~n~actors Stone neOAng--=contrnctors Ma~-~ole work, ex-t. erior cot~.ruction-- Stonework erection--cont, ractor~ ooncr~ctors Tuck porn ~ng--con t. ractors 1742 Plastering, Dr)~vall, Acoustical, and Insulation Work Special trade contractors primarily engaged in applying plain or ornamen- tal plaster, including the installation of lathing and other appurtenances to receive plaster, or in drywall, acoustical, and building insulation work. ACOU~t. ic~ work----contra~or~ Pla~tering, CeilLng~ acou~t, ical install&tion---~n- trnct, ors l)rywa]~ con~r~ ct~on --c~n t.r ncl~-~ trs~'.ors Insulation ~n~t~llation, builct~n- Taping ~nd fi~ahJng dry~v~J---o0ntrac- 1743 Terrazzo, ~ile, Marble, and Mosaic Work Special trade contractors primarily engaged in ~e~ing ~nd installing cersm- ic tile, marble, and movie, and in mi~in~ marble particles and cement to Permitted Use make terrazzo at the site of construction. Establishment~ primarily engaged in manufacturing precor terr822.o steps, benches, and other terrazzo articles are classified in Manufacturing, Industry 8272. Fresco work--contmc~on Mo~ic M&ntol work--a~tr~wr~ Terr~z~ Mmq~ie Lzmudlat~on, Lat~rior. includ~n~ 'Pile ~t~ cemmic-=cont, mcto~ CARPENTRY AND FLOOR WORK 1751 Carpentry Work Special trade contractors primarily engaged in carpentry work. Establish- rnentz primaril7 engaged in building and installing cabinets at the job site ar~ Permitted Use classified in this industry. Establishments primarily engaged in building custom cabinets for individuals in a shop are classified'in Retail Trade, Indus- try 5712. Carpentry work performed by general contractors engaged in build- ing coustruc~ion is classified in Major Group 1§. Cebinet work performed Itt the con- Joi~ery. thlp~contr~c~r~ ~r'penCr'~ work--cont-,'~u-=tors Store ~Cure LvJt~]~C~on---contractors t752 Floor Laying and Other Floor Work, Not Elsewhere Classified Special trade contractors primarily engaged in the installation of asphalt tee, carpeting, linoleum, and resilient flooring. This industry also includes Proposed Use special trade contractors engaged in laying, scraping, and flni~hing parquet and other hardwood flooring. Establ/shments primarily engaged in installing stone and ceramic floor tile are classffied in Industry Group 174; those install- ing or finishing concrete floors are classified in Industry 1771; and those in-.. stalEng artificial turf are class/fled in Industry 1799. A~phait t/lc in~tallation--cont.,-~,'tor~ F]cor/ng. Car~t hying or r~mov~l ~r~ic~-~- Har~w~t Iloaru~--coatr~ctor~ tr~-tor~ Linoleum Hr~prvof flooring couU-~'tion--co~- Psrqu~t floori~--contr~to~ tractor~ l~nt floor lay/~W---cont~ctorm Proposed Use ROOFING, SIDING, AND SHEET METAL WORK 1761 Roofing, Siding, and Sheet Metal Work Special trade contractors primarily engaged in the install, ation of roofing, siding, and sheet metal work..Sheet metal work performed l~y plumbing, heat- /ng, and air-conditioning contractors in conjunction with tl~e installation of plumbing, heating, and air-cond/tioning equipment are clawed in Industry 1711. Architectural sheet metal work-~con- Coppecamithin~p ~ connect/on with Ceiling~, metal: er~t~on and rePOt- Down,pout mRt~ll&t/on, met~---con- Major Group 56.--APPAREL AND ACCESSORY STORES 561 MEN'S AND BOYS' CLOTHING AND ACCESSORY STORES 5611 Men's and Boys' Clothing and Accessory Stores Permitted Use Establishments primarily engaged in the reta/1 sale of men's and boys' ~ ready-to-wear clothing and acce~ories. Apparel nc~e~ory sWres, me~'s m'~d Hnt store~ men's nnd boyu'--ret~J boys'--reta/l Men's wear/rig appar~l--r~te_il 562 WOMEN'S CLOTHING STORES 5621 Women's Clothing Stores F_ztablishments primarily engaged in the retail sale of a general line of women's ready-to-wear clot_biog. This industry also includes establishmente primarily engaged in the specio!i?ed retail sale of women's coals, suits, dresses. Custom tailors primarily engaged in m~idng women's clothing to indi* Permitted Use vidual order are classified in Industry 5699. Bridal shop~ ~copt cu~om--r~t~ Drms ~hope--r~t~il 563 WOMEN'S ACCESSORY AND SPECIALTY STORES 5632 Women's Accessory and Specialty Stores Establishments primarily engaged in the retail sale of women's clothing ac- cessories and specialties, such as millinery, blouses, foundation garments, lin- Permitted Use gerie, hosiery, co6tume jewelry, gloves, handbags, and furs (including custom made furs). Apparel ~ca~xy sU~s, wo~'~-- Fur · BIo~ stor~--r~sil Handl~ 564 CHILDREN's AND INFANTS' WEAR STORES ~-'- 5641 Children's nnd Infants' Wear Stores 'Permitted Use Establishments primarily engaged in the retail sale of children'sand - fsnts' clothing, furnishings, and acce~ories, ~uch establishments may s - i2e in either children's or infants' wear or they may ~ell 8 combination of ' dren's and infants' wear. FAMILY CLOTHING STORES 5651 Family Clothing Stores Establishments primarily engaged in the retail sale of cloth/ng, fu/'~lishin~o~, Permitted Use and accessories for men, women, and children, without specializing in sales for an individual sex or age group. Family cloOm~g stores--re~il Uai~x dothi~ SHOE STORES 5661 Shoe Stores Establishments primarily engaged in the retail sale of men's, women's, and children's footwear, including athletic footwear. These establishments fre- . Perm/tted Use quently carry accessory lines, such as hosiery, gloves, and handbags. Athletic d~oe W, ore~--retail Shoe *t~re~-r~mil MISCELLANEOUS APPAREL AND ACCESSORY STORES 5699 Miscellaneous Apparel and Accessory Stores Establishments primarily engaged in the retail sale of specialized lines of apparel and accessories, not elsewhere classified, such as uniforms, bathing suits, raincoats, riding apparel, sports apparel, umbrellas, wigs, and toupees. Permitted Use This industry also includes custom tailors primarily engaged in making and selling men's and women's clothing, except fur apparel. Establishments pri- mari]y engaged in mskir~g fur apparel to custom order are classified in Indus- try 5632. Belt~ apparel: custom--retail Sh/rt~ cuztom Cu~to~ tai~or~--veta/l Spor~ appm'~l ~ m~A~ tO order--reta/l Tee ~ cu~om pr/nt~d---re~a/I ~ker~' ~hop~, custom--retail Umbr~Ala ~torez---retail Raincoat ~or~-~r~ail Wig. toupee, ~nd wiglet ~tare~ Major Group 60.--DEPOSITORY INSTITUTIONS The Major Group as a Whole COMMERCIAL BANKS Commercial banks and trust companies engaged in the business of accepting depe~its from the public. 6021 National Commercial Banks Commercial banks and trust companies (accepting deposits) chartered under the National Bank Act. Trust companies engaged in fiduciary business, but Permitted Use not regularly engaged in deposit banking, are classified in Industry 6091. Commercial b~mk~ Natio~ml 60~2 St~e Commercial Banks Co_-xmercial banks and trust companies (accepting deposits) chartered by one of the States or territories. Trust companies engaged in fiduciary business, Permitted Use but not regularly engaged in deposit banking, are classified in Industry 6091. Tru~ c~np~nie* (~cc~pting dep~it*), 6029 Commercial Banks, Not Elsewhere Classified Commercial bo~ ~ks (accepting deposits) which do not operate under Federal Permitted Use or State charter. 6035 Savings Institutions, Federally Chartered FederalFederally chartered savings institutions (accepting deposit~)operating under charter. Federal ~ving~ and loan ~sec/at_ior~ Savlng~ and loan a~ociation~, federally 6036 Savings Institutions, Not Federally Chartered State-chartered savings institutions (accepting deposits) which do not oper- ate under Federal charter. Permitted Use ~-..-.. Savin~ and loan a.~zociationz, ~ot fed- Savings bank. s~ State: not fecler~lly e~a~y CREDIT UNIONS 6061 Credit Unions, Federally Chartered Cooperative thrift and loan associations (accepting deposits) organized under Federal charter to finance credit needs of their members. ProPosed Use 6062 Credit Unions, Not Federally Chartered Cooperative thrift and loan associations (accepting deposits) organized under other than Federal charter to finance credit needs of their members. State cr~clit uniorm, not federally char- t~r~d Major Group 53.--GENERAL MERCHANDISE STORES The Major Group as a Whole This major group includes retail stores which sell a number of lines of merchandise, such as dry goods, apparel and accessories, furniture and homefurnishings, small wares, hardware, and food. The stores included in this group are known by such names as department stores, variety stores, general merchandise stores, and general stores. Establishments primarily en- gaged in selling used general merchandise are classified in Industry Group 593, and those selling general merchandise by mail, vending machine, or direct selling are classified in In- dustry Group 596. Industry Group Industry. No. No. 531 DEPARTMENT STORES 5311 Department Stores Retail stores generally carrying a general line of apparel, such as suit~, Prooosed Use coats, dresses, and furnishings; homefurnishings, such as furniture, floor cov- erings, curtains, draperies, linens, and major household appliances; and housewares, such as table and kitchen appliances, dishes, and utensils. These stores must carry men's and women's apparel and either major household ap- pliances or other homefurnishin~. These and other merchandise lines are normally arranged in separate sections or departments with the accounting on a departmentalized basis. The departments and functions are integrated under a single management. The steres usually provide their own charge accounts, deliver merchandise, and maintain open stocks. These stores normally have 50 employees or.more. F-~tablishments which sell a similar range of merchandise with less than 50 employees are classified in Industry 5399. Eatablishments which do not carry these general .lines of merchandise are classified according to their primary activity. 533 VARIETY STORES 5331 Variety Stores Per~nitted Use Establishments primarily engaged in the retail sale of a variety of rnerchan- disc in the low and popular price ranges. Sales usually are made on a crash- and-carry basis, with the open-selling method of display and customer ~elec- tion of merchandise. These stores generally do not carry a complete line of merchandise, are not departmentalized, do not carry their own charge service, and do not deliver merchandise. 539 MISCELLANEOUS GENERAL MERCHANDISE STORES 539~) Miscellaneous General Merchandise Store~ Establishments primarily 'engaged in the retail sale of a general line of ap- Permitted parel, dry goods, hardware, housewares or homefurnishings, groceries, and other lines in limited mounts. Stores selling commodities covered in the defi- nition for department stores, but normally having less than 50 employees, and ·Miscellaneous General Merchandise Stores~--Con. stores usually known as country general stores are included in this industry. Establishments primarily engaged in the retail sale of merchandise by televi- sion, catalog and mail-order are classified in Industry 5961. C~talog ahowroonm, gener~ merc~- Country general ntor~n,---f~t.a~ Major Group 80.--HEALTH SERVICES OFFICES AND CLINICS OF DOCTORS OF MEDICINE 8011 Offices and Clinics of Doctors of Medicine Establishments of licensed practitioners having the degree of M.D. and eh- gaged in the practice of general or specialized medicine and surgery. Estab- lishmenta operating as clinics of physicians are included in this industry. Os- teopathic physicians are classified in Industry 8031. Per mit ted ~i,~o~ warg~c~l c~nter~ Pntholoffis~ (M.D3, office* of A. nesthe~iolOg~sts, offic~ of Pediatricam~ off~c~ of Clinim of phy~icm.nz (M.D.) Phy*icianz (M.D.), including speci~.t~s~: DerrnatolO~St~ off~e~ of office~ and clinic~ of Freeztmading emergency medical (M.D.) Plastic surgeona, oflSce~ of c~n~r~ Primary car~ medicad (M.D.) clmic~ Gynecolog'~t~ oft~c~ of ihO~cki~tri~, ol~c~ of Neuvok~n,~.a, offic~z of P~ycho~maly~t~, oll'~c~ of C~t~tricia~ oft'icon of Radiolog~'t~, oflicez of Ocular, offices of Surgeons (M.D,}. ofl~c~ of Oph0~lmolog~a, off~c~ of Urolog~ta, office~ of Orthopedic phy~icumn, otT~c~s of OFFICES AND CLINICS OF DENTISTS 8021 Offices 'and Clinics of Dentists Establishments of licensed practitioners having the degree of D.M.D. or D.D.S. (or D.D.Sc.) and engaged in the practice of general or specialized den- Permitted tisrry, including dental surgery. Establishments operating as clinics of dentists are included in this industry. Clinica of 5christs Orthodontiz~, offices of Dent~l surgeon, off~e~ of Pathologi~a, omi: offices of l)enti~, offioe~ and clinic~ of Periodontiztr., off~ce~ of Endodontist~, offg:e~ of Prosthodontiz~ off~ce~ of Oral pethoiogis~ offioe~ of OFFICES AND CLINICS OF DOCTORS OF OSTEOPATHY 8031 Offices and Clinics of Doctors of Osteopathy Establishments of licensed practitioners having the degree of D.O. and en- gaged in the practice of general or specialized osteopathic medicine and sur- gery. Establishments operating as clinics of osteopathic physicians are includ- ed in this industry. Permitted o,~o0,ua~ ~ ~ ,~ OFFICES AND CLINICS OF OTHER HEALTH PRACTITIONERS 8041 Offices and Clinics of Chiropractors Establishments of licensed practitioners havin~ the degree of D.C. and eh- gaged in the practice of chiropractic medicine. Establishments operating as clinics of chiropractors are included in this industry. 8042 Offices and Clinics o[ Optometrists Establishments of licensed practitioners having the degree of O.D. and eh- Permitted gaged in the practice of optometry. Establishments operating as clinics of op- tometrists are included in this industry. 8043 Offices and Clinics of Podiatrists Establishments of licensed practitioners having the degree of D.P. and eh- gaged in the practice of podiatry. Establishments operating as clinics of podia- Permitted trists are included in this industry. Podiatrist~, office~ m~d clinics of 8049 Offices and Clinics of Health Practitioners, Not Elsewhere Classified Establishments of health practitioners engaged in the practice of health fields, not elsewhere classified. Practitioners may or may not be licensed or certified, depending on the State in which they practice. Establishments oper- ating as clinics of health practitioners, not elsewhere classified, are included in this industry. Acupuncturists, except M.D.: offices of Nutritionist~ o~ of Audiologist~ offic~ of Ovcup~tion~l therapists, offices of Permi{ted c~ti~. Scienc~ practitioners, offices Par~medic~ offic~of of Phy~ic~ ther~pista, offic~ of l~ntal hY~enists, office~ of Phy~iciar~' aesistant~, offices of Dieticiarm, offices of Pwjchiatric ioci~l workers, offices of Hypnotism, offices of Psychologist, cli~c~l: offices of Inkal&tlon therapists, registered Psychotherapist~, exc~p~ M.D.: oPfu~ of Midwives. offic~ of Speech c~imc4was, offic~ of Naturop~th~ offices of Speech p~thologizt~ offic~ of Nttrae~, regaSmred and practical: offices of, except home hes. lth care ~ervi~ 8051 Skilled Nursing Care Facilities Establishments prLrnari~y engaged in providing inpatient nursing and reha- bilitative services to patients who require continuous health care, but not pital services. Care must be ordered by and under the direction of a physician. The staff must include a licensed nurse on duty continuously with a minimum Permitted of one full-time .registered nurse on duty during each day shift. Included are establishments certified to deliver skilled nursing care under the Medicare and Medicaid programs. Convalescent homes with continuous Ments. l cet~ch~tion ho~pit~s nuraing car~ Nursing home~ skilled F.,xt~nded ~are facilities 8052 Intermedi~ate Care Facilities Establishments primarily engaged in providing inpatient nursing and reha- bilitative services, but not on a continuous basis. Staffing must include 24- hour per day personnel with a licensed nurse on duty full-time during each Permitted day shift. At least once a week, consultation from a registered nurse on the delivery of care is required. Included are facilities certified to deliver interme- diate care under the Medicaid program. 8059 Nursing and Personal Care Facilities, Not Elsewhere Classified Establishments primarily engaged in providing some nursing and/or health- related care to patients who do not require the degree of care and treatment that a skilled or intermediate care facility is designed to .provide. Patients in these facilities, because of their mental or physical condition, require some nursing care, including the administering of medications and treatments or the supervision of self-admlni~terod medications in accordance with a physi- cian's orders. Establishments primarily engaged in providing day-to-day per- zonal care without supervision of the delivery of health services prescribed by a physician are classified in Industry 8361. Con'~l~c~nt homes for I~ychiatr~ P~ Nursing hom~ ezc~pt Is~ill~l ~-~d I~- t~ents, w~th health csr~ termediat~ care farlli+~" Co~v~esc~nt home~ wit~ health c~re Personal car~ f~c~itien with health Permitted __ oo.~o ~=~ with b~ ~-. Home~ for th~ m~nt~lly ~ with P~ychi~trk: p~ent*~ co~ales°l~ 8062 General Medical and Surgical Hospitals F_~tab~hments primarily engaged in providing general medical and surgical services and other hospital services. Specialty hospitals are classified in Indus- Permitted tries 8063 and 8069. 8063 Psychiatric Hospitals Establishments primarily en~aged in providing diagno6tic medical services and inpatient treatment for the mentally ill. Establishments, known as hospi- tals, primarily engaged in providing health care for the mentally retarded are classified in Industry 8051. Mental hospital~ exospt for the men- Psy~hinLric hospital~ tally ~tarded 8069 Specialty Hospitals, Except Psychiatric Establishments primarily engaged in providing diagnostic services, treat- ment, and other hospital services for specialized categories of patients, except s - -°ermltted mental. Psychiatric hospitals are classified in Industry 8063. Alcoholism rehabilitation hospitals Ho~pital~ si~cialty:, except C~ldren's hospitals Orthopedic Chronic disease hospital~ l~habilitation hospitals: drug Drug addiction reh~bilitatinn hospitals and alcoholism Eye, ear, nose, and throat hospitals: in- Tubercul~i~ and other rospir~ory ill- patient ness hospital~ MEDICAL AND DENTAL LABORATORIES 8071 Medical Laboratories Establishmen~ primarily engaged in providing professional analytic or diag- nostic services to the medical profession, or to the patient on prescription of a physician. ]~cteriol°gk~l laboratorios (not manu- Medical ]aboratorh~. clinical fscturmg) Pathol~,ical laborataries BiolO$ncal laboratorie~ (not manufactur- Testing la~ratories~ medical: analytic - ermJtteo ~v or ~o~ic Chemizt~ biological: {not manu/actur- X-ray laboratories, including dental rog) laboratorie~ of (not manufacturing) Dental labora~ori~, X.ray 8072 Dental Laboratories Establishments primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession. Establishments pri- marily engaged in manufacturing artificial teeth, except to order, are classi- fied in Manufacturing, Industry 3843, and those providing dental X-ray laborar tory services are classified in Industry 8071. Crown~ and bridg~ m~de in dental lal~ Orthodontic appliances ma~le i~ dental ora~orie~ to order for the professin~ laboratorie~ to order for the profe~- Dental laboratories, ~xcept X-ray ~io~ Dentur~ made il~ dental laboratori~ T~-ti~ arti~cial: macle in ~lent~l [~oora. to order for the profession tori~s to order for ~ pr~in~ Permitted 8093 Specialty Outpatient Facilities, Not Elsewhere Classified EstabLishments primarily engaged in outpatient care of a specializ~ nature with permanent facilities and with medical staff to provide diagnosis, treat- ment, or both for patients who are ambulatory and do not require inpatient care. Offices and clinics of health practitioners are classified according to their' primary activity in Industry Groups 801 through 804. Biof~II~ck ~r~ ~ and drug ~ Bir~ c~mtrol clinics (f~ly pb, nni,~ RehsbRitatio~ ce~,s, outpati~t 8099 Health and Allied Services, Not Elsewhere Classified Establishments primarily engaged in providing health and allied services, not elsewhere classified. Offices and clinics of health practitioners are classi- fled according to their primary activity in Industry Groups 801 through 804. Permitted r~ ~.~ Blood donor statiomm O~ t~t msrvioe Health ~ ~ Major Group 59.--MISCELLANEOUS RETAIL 5912 Drug Stores and Proprietary Stores Establishments engaged in the retail sale .of prescription drugs, proprietary drugs, and nonprescription medicines, and which may al~ carry a number of related lines, such as cosmetics, toiletries, tobacco, and novelty merchandise. Permitted [;se These stores are included on the basis of their usual trade designation rather than on the stricter interpretation of commodities handled. This industry in- cludes drug stores which also operate a soda fountain or lunch counter. pharmaciee--r~tail LIQUOR STORES Estab~rnnarily engaged in the retail ~ alcoholic be~~umption off the pram- Not Permitted ~n on the premises are claasi- . fled in Indus MISCELLANEOUS SHOPPING GOODS STORES 5941 Sporting Goods Stores and Bicycle Shops Establishments primarily engaged in the retail sale of sporting goods, sport- ing equipment, and bicycles, bicycle parts, and accessories. Retail establish- Permitted Use ments primarily engaged in selling motorized bicycles are classified in Indus° try 5571, and those engaged in the retail sale of athletic footwear are classi- fied in Industry 5661. Establishments primarily engaged in repairing bicycles are classified in Services, Industry 7699, and those renting bicycles are classi- fied in Industry 7999. Ammunition--r~-.tail Goff p~essionah opet~t.~ cet~ B~w. kx~lr~ng, hiking, and mountaineer* lng equipment--retail Gymnas/um equipment--ceta/l B~/t ~l tackle shope--reta/l Hunters' B/cycle and b/cycle partsdealar~ Playground equipment--r~tail except motorized--reta~ P0ol and billiardz table storee--ret~il Bowl/rig equipment and muppl/e~-- P, id/n~ goods and equipment--~ Camping equipment--reta/l SkiL~g equipment~veta/l .Kxerc~e apparatus--retail Sk/n diving and scuba equipment-- Firearms--remil retail F/sh/ng equipment--~eta/I Spor~/n~ gooch ~oree--ret. a/l ~ goods and eqoJpment--eeta/~ Tenn/z goods and equ/pment--reta/l 5942 Book Stores Establishments primarily engaged in the reta/1 sale of new books and maga- zines. Establishments pr/madly engaged ir~ the retail sale of used books are Permitted Use clasMfied in Industry 5932. Book stores ~lling new book~ and m~g- Rel/gious book store~--r~Jl 5946 Camera and Photographic Supply Stores Establishments primarily engaged in the retail sale of cameras, film, and other photographic supplies ~md {~l. uipment. Establishmonts primarily' Permitted Use gaged in the retail sale of video cameras are classified in Industry 5731 and th~ engaged in fiD,l~thinE ~ ~ Cl~ed in ,S{~r~ri~, Industry 7384. 5947 ~Y, and Souvenir Shops , ~-Establishme~tl~prlm~arily 'engaged in the retail sale of combin~ ~ .~_.~ff~ Not Permitted ~nd misceHaneou~ small art goods. 5992 Florists Establishments primarily engaged in the retail sale of cut flowers and grow- lng plants. EstabLishments primarily engaged in the retail sale of seeds, bulbs, and nursery stock are classified in Industry 5261, and greenhouses and nurser- Permitted Use ies primarily engaged in growing seeds, bulbs, flowers, and nursery stock are classified in Agriculture, Industry 0181. Flower~ fresh--retail 5995 Optical Goods Stores Establishments primarily engaged in the retail sale of eyeglasses and con- tact lenses to prescription for individuals. Offices of oculists, ophthalmologists, Permitted l_i~e and optometrists are classified in Services, Major Group 80, even if a majority of their revenues comes from retail sales. Establishments primarily enfamil in the retail sale of binoculars, telescopes, and opera glasses are classified in Industry 5999. Optical good~-retai] OptiC~P-s--'v~tail 5999 Miscellaneous Retail Stores, Not Elsewhere Classified Establishments primarily engaged in the retail sale of specialized lines of merchandise, not elsewhere classified, such as artists' supplies; orthopedic and artificial limbs; rubber stamps; pets; religious goods; and monuments and tombstones. This industry also includes establishments primarily engaged in selling a general line of their own or consigned merchandise at retail on an auction basis. Establishments primarily engaged in auctioning tangible per- sonal property of others on a contract or fee basis are classified in Services, Industry 7389. Architectural supplies~--r~l Monuments, finlnhe~ to custom order.-- Art cleale t..~--.reta.LI retell A~is~' supply and material at,ores-.- reta~ r~ta~ Pet foo~ Auc~io~ ~ (genera] merclmndi~e~- Pet shops--retail Autograph and phile~lizt supply Police supply ~or~-retall Permitted ! ~se ~y ~o.-~ P~ ~ ~o.. ~p~-~ Ga~ner s~K~e--reta~ Rubber stamp storee--retai] Binocula~--~-ta~l Sales barn~--ret~l Candle shops~retaL1 ord~ · ' · Telephone stote~=-ceta~l Flag shoi=e~retai] Talcecop~t~d] C~m stone~ rou~n--reta~ Tent shope--retai] Grave~tone~, fmini~ecl--reta~l Tombstones--retail Major Group 72.--PERSONAL SERVICES LAUNDRY, CLEANING, AND GARMENT SERYtu~,~ 7t-l-L_~ower ~und~es, Family and Commercial ~~ta~prim~rily engaged in operat?g m~hani.cal la~ Not Permitted ~~ified in _Ind.ust7 7218. 721~ G~rment Pre~in~, ~nd A~ents for Laundries and DrT¢lcanem Eatabliskments primarily engaged in providing laundry and dryclenning services but which have the laundry ~_d dry'cleaning.work d~on.e.b.7 o[her~ ~_~ tablishment8 in [hi~ industry may do their own pressing or t .mm_ .m~. wot Permitted Use mbli~hments opersfin~' [heir own laundry plant~ are ehm~ifieqt m Indu~ 7711, ~md tho~ operating their own drycleaning plants ar~ ¢l~Smed in ~ for laumiries smd dry- Po~ shop~ for garmenta cleanm-s Truck route humtry and drTCl Bobtailer~ laundry nmi drycle*nln_~ not operated by laundrie~ oe clem~ C]e~nln~ ~ laun([l'~ l~ckup station~. Valet apparel service 7217 Carpet and Upholstery Cleaning E~tablishments primarily engaged in cle~_ ning carpets and upholstered nlture at a plant or on customers' premises. Establishments primarily eng~ in rug repair are classified in Industry 7699, and tho~e primarily engaged in Permitted Use reu~pholetering and repairing furniture are classified in Industry 7641. Cazpe~ cleez~i~ m~d rep~iri~ p~a~ Rug cle-~i~_, dyeh~ ~d ~ Major Group 87.--ENGINEERING, ACCOUNTING, RESEARCH, MANAGEMENT, AND RELATED SERVICES ENGINEERING, ARCHITECTURAL, AND SURVEYING SERVICES 8711 Engineering Services Establishments primarily engaged in providing profe~ional engineering services. Establishments primarily providing and supervising their own engi- neering staff on temporary contract to other lb'mn are included in this indus- Permitted Use try. Establishments providing engineering personnel, but not general supervi- sion, are classified in Industry 7363. Establishments priznarily engaged in pro- viding architectural engineering servicee are classified in Industry 8712, and tho~e provicLing photogrammetric engineering services are .classified in Indue- try 8713. Desi4p~. ~ip, Ix~L aed tin,chine Me~h~e tool deeigner~ electrical, mechanical, pet. voleum, Petroleum en~ineer~ n~u-in~ and de~g~ 8712 Architectural Services Establishments primarily engaged in providing profe~ional architectural services. Establishments primarily engaged in providing lanctscape archi~ec- tural service~ are classified in Agriculture, Industry 0781. Establishments pti- Permitted Use marLly engaged in providing graphic arts and related design service~ are clas- sifted in Industry 7336, and those providing draft_lng services are classified in Industry 7389. Architectural ~er~ioe~ House dmi~ner~ 8713 Surveying Services EstabUshments primarily engaged in providing professional ]and, water, and Permitted Use aerial surveying services. Engineering servic~ phot~gr~--~xic Survey~. ~ water, ~d ACCOUNTING, AUDITING, AND BOOKKEEPING SERVICES 8721 Accounting, Auditing, and Bookkeeping Services Establishments primarily engaged in furnishing accounting, bookkeeping, and related auditing services. These establishments may use data processing Permitted Use and tabulating techniques as part of providing'their services. However, estab- lishments primarily engaged, in providing data processing and tabulating serv- Jc~l ~ Cio. B~Ji~ed ju IndusLry 7374. Establishments providln~ income tax 8734 Testing Laboratories Establishments primarily engaged in providing testing services. Eetabli~ ments primarily engaged in performing clinical laboratory testing for medical profession are classified in Industry 8071. Au~oma~le ~ emi ~ Pollut~o~ t~, except Cah'brat~n m~l certL~cation (teetin~) Product t~stin~ serv'iom Foren~ lal~rato~ea ~ testing MANAGEMENT AND PUBLIC RELATIONS SERVICES 8741 Management Services Establishments primarily engaged in furnishing general or speci~li~xl man- agement services on a day to day basis and on a contract or fee basis. Estab- lishmentz in this industry do not provide operating staff. Management and op- eration of a business, where operating staff as well as management is provid- Permitted 1~! se ed, is classified according to the activity of the establishment managed. Admi~i~t'ative management eerv~ CLr~it ma~a~ement services for C~Fu~e man~ement n~Xion picture Lheater~ 8742 Management Consulting ~ervicea ~_~tablishments prLmm-Lly engaged tn £urnish~ng operating counse! and as- sL~t~nce to managements of p~¥ate, nonprofit, and public organLz~tions. These establishments generalJ~ perform a Yar~et~ of activities, such as strategic and or~anL~a~ion~l pla_r~ning;, t-~nancta] p]annLr~g and budgeting;, marketing t~ves ~nd policies; information systems planning, eYa]uation and human resource policies end pr~cttce~ p~an~Lng; and production scheduJing and control pla_nning. These est~b[tshr~ent~ are characterized by the breadth and scope of the problems the~ ~ddre~. Admi~L~l~t~ve l~a~lt~el~e~t co~ul~- ]~u-keLin~co~lt~mta Permitted [;se ,~ c~o~ ~ GeueraJ maz~gement consultants Per~onne! man~ement cot~uJtant~ Hum.n r~eour<:~ ~ormult~x~ except employment ~rvtc~ M~rmgement engineering con~ultant~ Phy~ic~] dist~butlon Management inforn~tior~ systems con- Site loc~t/on consu~t~nt.~ Ma~ufac~ur/n~ management consu~t~ ant~ 8743 Public Relations Services Establishments primarily en~aged in the preparation of materials, written or spoken, which are cle~i~ecl to influence the ~eneral public or other Permitted Use in promotin~ the interest~ of their client~. PETITION NUMBER DATE APPLiCATiON FOR P~LiC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES 1. Name of Applicant(s) Peter Longo and Mark L~nao Applicant's Mailing Address ~/o Ohio Seal~n%s, 7405 Production Dr. City Mentor State Ohio Zip 44060 Applicant's Telephone Number: Res.: -~5_9~9~_Bus.: 403-8899 Is the applicant the owner of the subject property? Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. XX (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach, copy of contract, and indicate actual owner(s) name and address below. Peter Lonqo and Mark Longo (If space is inadequate, attach on separate page.) 2. Name of Agent William L. Hoover Firm Hoover Planninq & Dev., Inc. Agents Mailing Address 3785 Airport Road N., Suite B-1 city Naples State Florida Zip 34105 Telephone Number: Res.: .598-3589 Bus.: 403-8899 Fax: 403-900'9 3. PUD ORDINANCE NAME AND NUMBER: Pine Ridge Center PUD/Ord. ~98-31 4. 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 five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 18 TOWNSHIP 49S RANGE 26E That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. 5. Address or location of subject property On the south side of Pine Ridge Road and approximately 665 feet west of Whippoorwill Lane. 6. 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). No. 7. TYPE OF AMENDMENT: ¥¥ A. PUD Document Language Amendment ~¥ B. PUD Master Plan Amendment C. Development Order Language ~mendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: ×~ Yes No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE - LAST YEAR? IF SO, IN WHOSE NAME? No. PETITION #: NA DATE: 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? .Yes. XX No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). See attached AFFIDAVIT Authorization Letter. We, being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL O~ERS ARE MANDATORY. SIGNATURE OF OWNER SIGNATURE OF OWNER SIGNATURE OF AGENT State of Florida County of Collier The foregoing Application was acknowledged before me this day of , 199__ by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: PUD\DO APPLICATION/md/4128 NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed PUD Amendment of the Pine Ridge Center PUD, Locatecl West of Whippoon,vill Lane on the South Side of Pine Ridge Road, in Unincorporated CoiJier County, Florida To Whom It May Concern: PJease b~ advised ~at Hoover Planning & Dev., inc. 3785 Airport Road North, Suite Naples, Florida 34105 has been engaged by the land owner shown below to act as the authorized agent and to request necessary applications du~ing the PUD Amendment petition process for the subject project. Mark Longo also acknowledges to have unified control along with Peter Longo over the subject project. Sinc~Tret' ,STATE OF COUN-r,r or_ y_.. £ The foregoing instrument was acknowledged before me this /~2_~/.~ day of __,,~'l,/~/~. ,2000, by who is/are personally known to me or have produced a.~ identification and who did (did not) take an oat-h, Notary Public Printed Name M~as P4 O0 03: ;~2p RPITHOPIY F. .]RPICIGRR 1-Ei~I, 1-55G-3G75 p. 2 Mas ;2:3 O0 1.0:41p B. Hoover NOTARIZED LETTER OF AI.rrHORIZATION/UNIFIED CONTROL Proposed PUD Amendment of the Pine Ridge Center PUD, Located West of Whippoorwill Lane on the South Side of Pine Ridge Road, in Unincorporated Collier County, Florida To Whom it May Concern: Please be a~visecl that Hoover Planning & Dev., Inc. 3785 Airport Roa~l North, Suite B, Naples, Florida 34105 has been engaged by the land owner shown below to act as the authorized agent and to request necessary applications during the PUO ,~'nend~nt petition process for the subject project. Peter Longo also acknowledges to have unif~d control along with Mark Longo over the subject project. Peter Longo ,u v STATE OF COUNTY OF The foregoing instrument was acknowledged before m~ fl~is ~ day ot who islam personally known to me or have produced a~ identification ond who did (did not} take a~ oath. Notary -Public Printed Name My Commission Expires: SEAL ORDINANCE 2001- AN ORDINANCE AMENDING ORDINANCE ~ NUMBER 91-102, THE COLLIER COUNTY LAND :~ ,' DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR --"' . THE UNINCORPORATED AREA OF COLLIER -- ~.~ COUNTY, FLORIDA, BY AMENDING THE :~,~ OFFICIAL ZONING ATLAS MAP NUMBERED 9618N , BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PiNE RIDGE CENTER PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-31 AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover of Hoover Planning & Development, Inc., representing Peter and Mark Longo, 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, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: :' ' Ordinance Number 98-31, known as the Pine Ridge Center PUD, adopted on April 28, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effectiv~ upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, PhD., CHAIRMAN Approved as to Form and - - '- Legal Sufficiency Marjor~'M. Student' Assistant County Attorney G:,admm 'PUD-86-22(2)/RB:cv. PINE RIDGE CENTER PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: PETER AND MARK LONGO CIO OHIO SEALANTS, INC. 7405 PRODUCTION DRIVE MENTOR, OHIO 44060 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED July 24~ 2000 DATE REVISED January 12~ 2001 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER .. I~ ~ EXHIBIT "A" TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III COMMERCIAL AREAS PLAN 7 SECTION IV DEVELOPMENT COMMITMENTS 12 ..--- LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN/WATER MANAGEMENT PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C COMPOSITE MASTER PLAN EXHIBIT D PERMITTED BUILDING DESIGN EXHIBIT E PERMITTED BUILDING DESIGN EXHIBIT F PERMITTED BUILDING DESIGN STATEMENT OF COMPLIANCE The development of approximately 8.73 acres of property in .Collier County, as a Planned Unit Development (PUD) to be known as the Pine Ridge Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located approximately 3/4 mile west of the intersection of i-75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7. All final local development orders for this Project are subject to.Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION "1.1 PURPOSE ~ ;i.~f The purpose of this Section is to set forth the location and ownership of the · property, and to describe the existing conditions of the property proposed to be ' developed under the project name of Pine Ridge Center PUD. 1.2 LEGAL DESCRIPTION That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. 1.3 ' PROPERTY OWNERSHIP The subject property is owned by: Peter Longo and Mark Longo c/o Ohio Sealants, Inc. 7405 Production Drive Mentor, Ohio 44060 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane, approximately 3/4 mile west of 1-75, in the unincorporated area of Collier County, Florida. B. The property is currently vacant. The entire Project site currently has PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance With the Rules of South Florida Water Management District. Elevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. The approximate southern half is pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. 1.6 PROJECT DESCRIPTION The Pine Ridge Center PUD will include a mixture of commercial and office uses. The Pine Ridge Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A," PUD Master Plan. ^ Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHARED FACILITIES For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abuttihg to the east, known as the Pine Ridge Center PUD, and whose legal description is as follows: That portion of the East 1/2 of the West 1/2 of the Northeast 1/4. of the Northwest 1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. This property is presently owned by Anthony F. Jancigar, Trustee, whose address is 7622 Pebble Creek Circle #204, Naples, Florida 34108. The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its individual property in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center Planned Unit Development Ordinance," SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Pine Ridge Center PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions.of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. B. Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of FJorida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for " providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development COde. SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A," PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial . land uses, especially those serving travelers, office, hospital, health service, and contractor uses. The 8.73-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being' within an Interstate Activity Center on the Collier County Future Land Use Map. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: 1. All Permitted Principal Uses for Area "C" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 - 1542).. 3. Building Materials, .Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood · flooring, insulation material, and fencing, 5231 -5261). 4. Construction - Special Trade Contractors (groups 1711 - 1731, 1741 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1743 - L~ :.;~ 1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, · ~ caulking contractors, cleaning buildings contractors, counter top ' installation contractors, fence construction contractors, fireproofing -~ ~ buildings contractors, ornamental metalwork contractors, paint and ',~v wallpaper stripping and removal contractors, posthole digging ~I" contractors, steam cleaning of building exteriors contractors, tile , wall and floor installation contractors, tinting glass contractors, and waterproofing contractors). 5. Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, lawnmower repair, locksmiths, medical/dental instrument repair, musical instrument repair, Piano repair, saw/knife sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. C. Area "C" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Auto Supply stores (group 5531). 3. Depository Institutions (groups 6021-6062). 4. Eating Places (group 5812). 5. Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). 6. General Merchandise Stores (groups 5311 - 5399). 7. Health .Services (groups 8011 - 8099). 8. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 9. Hotels and Motels (group 7011). 10. Insurance Agents, Brokers, and Services (group 6411). 11. Legal Services (group 8111 ). 12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales)). 13. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores (groups 5231 - 5261). 14. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217, 7221 -7261 except crematories, 7291). 15. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 16. Real Estate Agents and Managers (group 6531). 17. Travel Agencies (group 4724). 18. Video Tape Rental (group 7841). 19. Any other-commercial use or professional service use which is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2.Drinking Places (group 5813, only in conjunction with Eatihg Places) 3. Exterior .speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: ~-- Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yards - Twenty-five (25) feet. ' (b) All Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Side Yards external to the PUD - Fifteen (15) feet. (e) Rear Yards - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.$.2 of the Land Development Code in effect at time of building permit application. ~-- D. Minimum Floor Area: sev;~n hundred (700) square feet for the principal structure on the first habitable floor. E. Maximum Height: Three (3) stories or forty (40) feet, whichever is more restrictive. F. Off-Street Parking and Loading Requirements: (1) No vans or trucks rated over one (1) ton capacity shall be parked outside buildings housing contractor's offices or selling building materials except while engaged in loading or unloading activities.. Contractor's offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and neighboring property owners. (2) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. G. Landscaping and Bufferinq Requirements: ...... ~ .... As required by Division 2.4 of the Land Development Code in effect at the time of building permit application. H. Signs: Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. I. Distance Between Principal Structures: Ten (10) feet. J. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.9B. of this PUD Document. K. Liqhtin.cj: Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted. Lighting shall meet the architectural standards further described in Section 4.9B. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto adjacent properties. L. Architectural Buildinq Design: (1) All principal buildings housing contractors' offices or selling building materials shall be architecturally designed to look similar to at least one of the buildings shown on Exhibits "D". to "F". (2) All building exteriors shall be finished in light or moderate colors except for decorative trim. (3) All exterior building walls shall be architecturally finished and metal exterior walls shall not be permitted. ~-- SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision 'Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by the commitments within this Agreement. 4.3 PUD MASTER PLAN A. Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 12 ' 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A. A water management plan shall be submitted to include the location of the discharge control structure and a cross-section of the proposed perimeter berm. B. If the property is subdivided into two (2) or more parcels, a plat shall be required. C.A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT A. A shared water management agreement shall be recorded prior to final construction plan approval. B. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be 7 designed for a storm event of 3-day duration and 25-year frequency. 4.7 UTILITIES A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum water main shall be required to serve the site, providing .--- calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. ' B. County sewer service is available via a 12" force main located on the ;~ ,' south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer District acceptance. C. All facilities extended to the site and which lie in platted rights-of-way shall be owned'and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requiremehts of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. 4.8 TRAFFIC A. The proposed joint access road shall be privately maintained. The Developer shall establish a legal entity responsible for all future maintenance as a condition of approval of this PUD. B. The County reserves the right to restrict and/or modify the location and ~_ use of median openings on Pine Ridge Road in accordance with Resolution 92-422, the Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. C. Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. D. An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. E. Compensating right-of-way .for turn lanes and median areas shall be dedicated by the Developer to reimburse the County for the use of existing rights-of-way. Such dedication shall be considered site related and there shall be no read impact fee credit due the Developer. F. - The County reserves the right to acquire right-of-way for the Pine Ridge Road six-lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, whichever comes first. G. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development. H. Road impact fees shall be paid in accordance with Ordinance No. 2000- 56, as amended, and shall be. paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. I. All required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance No. 2000- 56, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. 4.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if durihg the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and Walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shall be deSignated at the time of site development plan submittal. 4.10 ENVIRONMENTAL A. A minimum of 1.31 acres of natural habitat areas shall be provided on- site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. These natural habitat areas shall consist of at least 0.51 acre of native vegetation that is retained on-site as shown on the PUD Master Plan and up to .80 acre of native vegetation that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of the Land Development Code. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for 'the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. C. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. EXHIBIT D PERMITTED BUILDING DESIGN EXHIBIT E PERMITTED BUILDING DESIGN o 200t EXECUTIVE SUMMARY PETITION PUD-88-11 (2), MR. WILLIAM HOOVER, REPRESENTING MR. ANTHONY JANCIGAR, REQUESTING AN AMENDMENT TO THE PINE RIDGE CENTER WEST PUD HAVING THE EFFECT OF PROVIDING AN EAST/WEST CROSS ACCESS ROAD ON THE PUD MASTER PLAN AND ADDING TRACT "C" TO THE PLAN, CORRECTING THE PROJECT ACREAGE AND THE PROPERTY OWNER'S ADDRESS, AND ADDING ADDITIONAL RETAIL COMMERCIAL USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD AND APPROXIMATELY 980 FEET WEST OF WHIPPOORWILL LANE IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: PUD-86-22 (2) OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site fi.om PUD to PUD for the purpose of amending the Pine Ridge Center West Planned Unit Development (PUD), Ordinance Number 98-32 as noted above. CONSIDERATIONS: The subject 8.87-acre site is located within Interchange Activity Center #10, which functions as an area that provides for a mixture of commercial uses for the traveling public. The current Pine Ridge Center West PUD allows for retail commercial uses in Tract "B" such as auto supply stores, banks, restaurants, health services, hotels, drug stores, florists, medical offices and miscellaneous retail uses that are similar to the C-3 Zoning district. Due to changing market ~onditions, the petitioner is requesting to add Tract "C" fi'onting on Pine Ridge Road that permits the currently approved uses in Tract "B" plus the following additional uses. Apparel stores (SIC Groups 5611-5699); food stores (Groups 5421-5499); general merchandise stores (Groups 5311-5399); home furnishing stores; garden supply stores, dry cleaning shops, barber shops and other similar C-3 type uses. In Tract "B" only, the petitioner is requesting to add a general contractor's office (Groups 1521-1542); building material dealers, trade contractors, and miscellaneous repair (Groups 7622-7641). All of the permitted uses in Tract "B" shall be required to meet stringent architectural standards with a . prohibition on outside storage and limitations on truck sizes for any contractor or building supply business. In addition, the proposed uses in the revised PUD document are similar in character to the uses that are currently approved in the PUD document and which are consistent with the intent of the Activity Center. The buffering standards, setback standards and architectural standards meet or exceed all requirements of the Land Development Code. In addition, the PUD Master Plan has been revised to provide a cross-access road that aligns with the Pine View PUD to the east and with the cross-access with the companion PUD to the west. The intent is to provide a service or frontage road that will serve all the commercial parcels in this Activity Center quadrant between the Fire Station and Whippoorwill Lane. Lastly, the Master Plan has been designed to work in conjunction with Pine Ridge Center PUD to form one unified plan of development. A~A ~1~ " FEB 2 7 2001 The applicant's Traffic Impact Statement (TIS) indicates that the currently approved PUD and its companion Pine Ridge Center PUD could generate 3,~)71 trips. Since the proposed amendment will not increase the size or intensity of the approved PUD, the difference in site-generated trips will not exceed the significant impact test (5 percent of the LOS "C" design volume) of Pine Ridge Road (C.R. 896). Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. The current traffic count for the segment of C.R. 896 fronting the project ss 39,025 and is operating at LOS "F". However, this segment is currently being improved to 6-lanes by 2001/02, which will return the LOS to an acceptable standard. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal, impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: $578.00 · Libraries Impact Fee: $180.52 · Fire Impact Fee: $0.15 per square foot under roof · Road Impact Fee: $1,755.00 per 1,000 square feet · Correctional Facility: $1.0920 per square foot · Radon Impact Fee: $0.005 per square foot under roof · B.C.A.I. Impact Fee: $0.005 per square foot under roof · EMS Impact Fee: $132.00 per 1,000 square feet The total amount of impact fees for the commercial area is $314,658.52. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of u:.;:, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that tlr,: project at build- out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community de" ~'opment review process, whereas utility fees are used on their proportionate share of impact to the i" xnty system. Finally additional revenue is generated by application of ad valorum tax rates. The reveaue that will be generated 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. FEB 2 7 2001 2' Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, 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 that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject PUD is designated Urban (Urban - Mixed Use District, Interchange Activity Center Sub- district) on the FLUE of the GMP. This Interchange Activity Center will permit commercial, and . industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. The proposed additional commercial uses are consistent with the GMP. It should be noted that this PUD amendment petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the GMP can't have an adverse impact. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. ENVIRONMENTAL ISSUES: Due to the small size of the site and the previously approved environmental stipulations contained in the PUD Document, the Planning Services Department Environmental staff has recommended approval of this proposed amendment as submitted. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's proposed amendment and have recommended approval. Since no EIS is required, this petition was not required to go before the Environmental Advisory Council (EAC). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on February 1, 2001. They voted (6 to 1) to forward petition PUD-88-11 (2)'to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the PUD document. This motion included revising the Transportation stipulation contained in Section 4.8.G. of the PUD document to eliminate the term "system-capacity" from the requirement that improvements be in place prior to the issuance of any Certificates of Occupancy for the development. The Commissioners indicated that this wording could result in undue hardship on the applicant since there is no policy or regulation in the Growth Management Plan allowing this restriction. Furthermore, 6-lane improvement to Pine Ridge Road is currently under construction making this restriction for all practical purposes obsolete. The Planning Commissioner voting against this motion stated that the previously approved stipulation could prevent this project's trips from impacting Pine Ridge Road until the road construction is...._ ~-~ constructed. FEB 2 7 2001 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD-88-11 (2) subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. PREPARED BY: ~ (~LOWS, P~UNCI~AL PLANNER 4/0( / C~U ~NT PLUG SECTION DATE ' i iIEWED BY: ~ IALD F. ~O, AICP, M~AGER DATE ~NT PL&~G SECTION :~B~RVJ. ~HE~, AICP, DI~CTOR PL~G SERVICES DEP~TMENT NO.AN FE~E~, ~CP, ~M~ST~TO~ D~TE T~NSPORTATION DIVISION APPROVED BY: ~ M~'DUNNUCK, III, INTERIM ADMINISTRATOR DATE COM ~MI3INITY DEV. AND ENVIRONMENTAL SVCS. PUD-88-11 (2)/EX SUMMARY/RVB/rb AGENDA ITEM NO. FEB AGENDA ITEM 7-~ TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: JANUARY 11, 2001 RE: PETITION NO: PUD-88-11 (2), PINE RIDGE CENTER WEST PUD COMPANION ITEM: PUD-86-22 (2) AGENT/APPLICANT: Agent: Mr. William Hoover Owner: Anthony Jancigar Hoover Planning & Development, Inc. 7622 Pebble Creek Cr. 3785 Airport Road, Suite B-1 Naples, Florida 34108 Naples, Florida 34105 GEOGRAPHIC LOCATION: The subject property is located on the south side of Pine Ridge Road (CR-896) and approximately 980 feet west of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East. (See illustration on following page.) REQUESTED ACTION: This petition seeks to amend thc currently approved Pine Ridge Center West Planned Unit Development for thc purposes of providing an east/west cross access road on the PUD Master Plan and adding Tract "C" to the plan. This petition also corrects thc project acreage from 8.79 acres to 8.73 acres and revising thc property owner's address. Lastly this amendment provides additional retail uses to the list ofl~rmitted uses. PURPOSE/DESCRIPTION OF PROJECT: The subject site is located within the Pine Ridge Road/I-75 Interchange Activity Center which functions as an area that provides for a mixture of commercial uses for the traveling public. The current Pine Ridge Center PUD allows for retail commercial uses in Tract "B" such as auto supply stores, banks, restaurants, health services, hotels, drug stores, florists, medical offices and miscellaneous retail uses that are similar to the C-3 zoning district. Due to changing market conditions, the petitioner is requesting to add Tract "C" to front on Pine Ridge Road and permitting the currently approved uses in Tract "B" plus the following additional uses. Apparel stores (SIC Groups 5611-5699); food stores (Groups 5421-5499); general merchandise stores (Groups 5311-5399); home furnishing stores; g~den supply stores, dry cleaning shops, barber shops and other similar C-3 type uses. 1 FEB 2 7 2001 In Tract "B" only, the petitioner is requesting to add a general contractor's office (Groups 1521- 1542); building material dealers, trade contractors, and miscellaneous repair (Groups 7622- 7641). All of the permitted uses in Tract "B" shall be required to meet stringent architectural standards with a prohibition on outside storage and limitations on truck sizes for any contractor or building supply business. In addition, the proposed uses in the revised PUD document are similar in character to the uses that are currently approved in the PUD document and which are consistent with the intent of the Activity Center. The buffering standards, setback standards and architectural standards meet or exceed all requirements of the Land Development Code. In addition, the PUD Master Plan has been revised to provide a cross-access road that aligns with the Pine View PUD to the east and with the cross-access with the companion PUD to the west. The intent is to provide a service or frontage road that will serve all the commercial parcels in . . . this Activity Center quadrant between the Fire Station and Whippoorwill Lane. Lastly, the Master Plan has been designed to work in conjunction with Pine Ridge Center PUD to form one unified development. SURROUNDING LAND USE AND ZONING: Existing Conditions: As illustrated on the aerial photograph below, the subject site is undeveloped and is zoned PUD. Surrounding: North: - Pine Ridge Road and the partially developed Naples Gateway PUD that contains a motel and a proposed motorcycle dealer. East: - Undeveloped commercial; Zoned Pine Ridge Center PUD. South: - To the south is Hospice of Naples that is zoned RMF-6. West - Vacant land; Zoned: Agriculture. 2 7 2001 Pg- l~ GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities for review of the PUD for consistency with the current Growth Management Plan (GMP) and they find the following: Future Land Use Element: The subject site is located within the Urban Mixed Use Designated Area and Interchange Activity Center #10 as identified on the Future Land Use Map and Element (FLUE) of the GMP. The function of the Activity Center is to provide for a mixture of commercial uses (i.e.: restaurants, gasoline service stations and convenience uses) for the traveling and passer-by public. In addition~ the site was zoned PUD in 1988 allowing for commercial retail land uses, therefore, this amendment that allows additional C-3 uses is deemed consistent with the criteria set forth in the FLUE of the GMP. Transportation Element: The Transportation Staff indicates that ther~ is no significant difference in the site-generated trips from the currently approved PUD versus the proposed amendment to add additional C-3 uses to the list of permitted commercial uses. As a result, the proposed change will not exceed the significance test on Pine Ridge Road (CR-896) within the project's radius of development influence (RDI). In addition, CR-896 is currently a 4 lane arterial road fronting the project. The current traffic count for this segment is 30,025 AADT, which results in LOS "F" operation. However, this segment is currently being improved to 6- lanes by late 2001 or early 2002. At that time, the level of service will return to an acceptable standard. Applicable Elementsi Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review. This review is subject to the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed PUD amendment 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 HistoricaVArchaeological Survey and Assessment is required. However, Section 2.2.25.8.1 of the Land Development Code requires the following. If during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted .... AC, E.~A ITEM FEB 2 7 2001 STAFF EVALUATION FOR ENVIRONMENTAL ISSUES, TRANSPORTATION AND INFRASTRUCTURE: This petition was reviewed by the appropriate staff responsible for the oversight of the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. This amendment has been approved by the Environmental staff subject to a revision to the Master Plan that indicates that a minimum of 1.35 acres (15 percent) of the existing native vegetation will be preserved on site. Due to the small size of the site and existing conditions, this petition was not required to go to the Environmental Advisory Council. EVALUATION: The purpose of this petition is to amend the Pine Ridge Center West PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent of this type of zoning procedure is to achieve a level of administrative convenience by avoiding the requirement to track amendments to the original document in order to understand the totality of the regulations as' they apply to this PUD zoning district. Because of this reason, the required findings for standard and PUD rezones do not apply to this petition. Furthermore, in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. Nevertheless, staff has evaluated the proposed amendment and has the following comments. The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan. This analysis is made whether or not the proposed amendment would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration usually dealt with as a function of analyzing the relationship of the rezoning action to the long-range plan for all future land uses. The most important facet of the rezoning action 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 not affect the timing of development bec~ause of subsequent permitting requirements. Relationship to Future Land Use Element: With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the relationship of the proposed zoning action to the FLUE. In the case at hand, and based upon the FLUE, we have an expectation that the !and will be used and developed for those land uses consistent with the Interchange Activity Center Sub-district. The proposed PUD Document also includes the same intensity of commercial uses that was approved in the adjacent commercial PUD developments to the east, which also proposes a mixture of commercial uses. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within this Activity Center. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and ~:onsistent with the FLUE to the GMP. AC~.NDA ITEM 4 FEO 2 7 2001 Relationship to 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 surrounding properties. The permitted uses within the subject PUD are similar to the uses approved in the Pine View PUD to the east and the Sutherland Center PUD cast of Whippoorwill Lane. To the south of the subject site is hospice care facility that is zoned RMF-6 with a conditional use. The property to the north across Pine Ridge Road is approved for commercial uses and is within Interchange Activity Center #10. To improve the relationship and compatibility with the adjacent RMF-6 zoned land, this PUD provides a Type "B" landscape buffer (15 feet wide) along the southern property linc along with the preserve and water management area of Tract "A" that is approximately 195 feet deep. Lastly, the maximum height of structures is 40 feet, which is the same height allowed in the currently approved PUD document. In addition, the PUD Master Plan provides 3 primary land use parcels on-site that are accessed from the internal access road. To ensure compatibility with .a.djacent land .uses, .the commercial smactures are subject to Architectural and_Site Design requirements of Section 2.8 of the LDC and additional standards contained in the PUD requiring a unified theme. The general development standards include Front Yard setbacks that are similar to the Pine View PUD zoning district and the Sutherland Center PUD to the east. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the GMP. The project is also compatible with other approved commercial land uses in the area while prohibiting homeless shelters and/or soup kitchens within this PUD. Utility Infrastructure - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of site development plan review. Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on Pine Ridge Road by virtue of the fact that vehicular site generated trips will not exceed 5% of the LOS "C" design capacity. Furthermore, it should be appreciated that all future development is subject to actions that may be taken as a result of application of the County's Concurrency Management provisions. PUD Development Standards & Master Plan - The requested changes to the currently approved Master Plan will improve traffic circulation with the provision of a frontage road within this development that will connect all the commercial parcels within this quadrant. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUD-88-11 (2) to the Board of County Commissioners with a recommendation for approval subject to the conditions of approval that have been incorporated into the PUD Document. 5 A >'-C~NDA ITEM FED 2 ? 2001 PREPARED BY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION RO~ER~ $. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: JOI~ M. DUNNUCK, HI, INTERIM ADMINISTRATOR CC~[MUNTTY DEV. AND ENVIRONMENTAL SVCS. I.II.Ol DAT~ 1-17- ,1 DATE Staff Report for the February 1, 2001, CCPC meeting. SSION: /TAFF REPOR~D-88-11 (2) 6 AGE. N~A t~M_ FE[~ 2 7 2001 Major Group 15.--BUILDING CONSTRUCTION--GENERAL CONTRACTORS AND OPERATIVE BUILDERS The Major Group as a Whole This major group includes general contractors and operative builders primarily engaged in the construction of resident'ml, farm, industrial, commercial, or other building. General building contractors who combine a special trade with the contracting are included in this major group. Industry Group No. 152 Proposed Use Proposed Use Industry No. GENERAL BUILDING CONTRACTORS--RESIDENTIAL BUILDINGS 1521 General Contracto~Single-Family Houses General contractors primarily engaged in construction (including new work, additions, alterations, remodeling, and repair) of single-fnmily houses. :1522 General Contractors--Residential Buildings, Other Than Single-Family General contractors primarily engaged in construction (including new work, additions, alterations, remodeling, and repair) of residential buildings other than single-fnmily houses. Al~nent ~ construcfiou--~,en- ~ingle-fmn/ly --general c~tmcto~ except ~1~~ ~ ~ ~en~ Hotel cons~,'uction.-~nerul contr'ftc'~o~ Mot~ construction-..&,uer~ tom P~fabrica'ced building erection. cont;ru~&rB Remodeling buHd;-_~. r~M~ntial: exo~pt ~l~famfiy--~n~ml tr~-to~ tr~tom Permitted Use Operative Builders Builders primarily engaged in the construction of single-family houses and other buildings for sale on their own account rather than as contractors. Es- tablishments primarily engaged in the construction (including renovation) of buildings for lease or rental on their own account are classified in Real Estate, Industry Group 651. Condominium &reeiopers o~ own ~- Operative builders on own ~count c~mt Sp~mlati~e builde~ Cooperative apartmeat ~eveloper~ o~ ,----- own account AGENDA ITEh¢ FE;3 2 7 2001 1541 Proposed Use 1542 Proposed Use GENERAL BUILDING CONTRACTORS-NONRESIDENTIAL BUILDINGS General Contractors--Industrial Buildings and Warehouses General contractors primarily engaged in the construction (including new work, additions, alterations, remodeling, and repair) of industrial buildings alld warehouses, such as alnmlnuB1 plants, automobile assembly plants, phar- maceutical manufacturing plants, and commercial warehouses. Grain devntor o0nstructlon--general ~tractors Industrial building co~truction.-gen- ~ eon~ hdu~.rial plant construction-general cootru~rg contructor~ Phmm~c~utica] mamu~ plant ~onstruction--genend contrnctor~ t~'~l---gonerul cou~ wm',ehonfe--general contructors Truck and eutomobile sinetobiT pbm Wm,ehouse construction---general con- General Contractors--Nonresidential Buildings, Other Than Industrial Buildings and Warehouses General contractors primarily engaged in the construction (including new work, additions, alterations, remodeling, and repair) of nonresidential build- ings, other than industrial buildings and warehouses. Included are nonresiden- tial buildings, such as commerc/al, institutional, religious, and amusement and recreational buildin_as. General contractors primarily engaged in the con- struction of industrial buildings and warehouses are classified in Industry 1541., Adminb~rmtioa b~Jld~ (~l~'~=tio~ ~ nltorstiona, nonresidenthi: genera] com. racto~ except industrial and warehoufe~--- Auditorium construction--gonerll cm~ ~ contractors mitred Use Major Group 52.--BUILDING MATERIALS, HARDWARE, GARDEN SUPPLY, AND MOBILE HOME DEALERS LUMBER AND OTHER BUILDING MATERIAI~ DEAI.P. RS ' 5211 Lumber and Other Building Materials Dealer~ Establislunents engaged in soiling primarily lumber, or lumber and a ~ener- al line of buildi~ materials, to the general public. While these establishments may soll primarily to construction contractors, they are known as retail in the trade. The lumber which they sell may include rough and dressed lumber, flooring, molding, doors, sashes, frames, and other millwork. The buildln~ ma- terials may include roofing, siding, shingles, wallboard, paint, brick~ tile, cement, sand, gravel, and other building materials and supplies. Hardware is ~_,sf~n ~ important. line sold by retail lumber and building materials dealers. tabbshments which do not sort to the general public and those which are known in the trade as wholesale are. clasoified in Wholesale Trade, Industry Group 503. Brick and tile deale."~.--~il Building mat~rinb donlers--ret~l Buikll _n~. prefabrk~ted--vettil Concrete and c/ndor block Fencing defders~'et~l Lumber and building umterials d~l- er~--retail Lumber and planJ~g ~ product d eru--rvtail Millwork and lumber dealers~retut ~and and gravel dealers--r~t~11 Stmctur~l clay pr~t~ W~llbo~d (componition) d~ier~--~ 2 ? 2001 316 STANDAm) INDUSTRIAL CLASSIFICATION Permitted Use Permitted Use Permitted Use ~ot Permitted ermitted Use ~dustry G~oup No. 523 525 526 527 1711 Industry No. PAINT, GLASS, AND WALLPAPER STORES--Con. 5231 Paint, Glass, and Wallpaper StoresBCon. Glsm ~oms--v~ail Wallcovering stor~--r~ail .P~dnt sior~s---ve~il Wallpaper stor~s---r~il HARDWARE STORES 5251 Hardware Stores Establishments primarily engaged in the retail sale of a number of basic hardware lines, such as tools, builders' hardware, paint and glass, housewares and household appliances, and cutlery. Builders' hardw~r~--r~t~il l'Iandtools--r~ail Door k~ks and lack s~m~r~mil Tools, power ~md h~mi--r~i RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES 5261 Retail Nurseries, Lawn and Garden Supply Stores Establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools, and other garden supplies to the general public. These establishments primarily sell product~ purchased from others, but may sell some plants which they grow themselves. Establishments primarily engaged in growing trees (except Christmas trees), shrubs, other plants, seeds, and bulbs are classified in Agri- culture, Major Group 01 and those growing Christmas trees are clarified in Industry 0811. Christm~ ~ (antursl)--mt~il Power mow~r~-~il MOBILE HOME DEALERS Mobile home ~quipm~nt~mt~l , Mobil~ hom~, n~w ~ ' Major Group 17.--CONS UCTION SPEC PL~G, ~T~G ~ A~CO~ITIO~G ... Plumbing, Heating and A~-~nditioning S~i~ trade ~n~ ~Y eng~ ~ plebs, h~, ~n~- fiO~, ~d simii~ wor~ ~t me~ work ~o~ by plebs, hea~, ~d ~nffitio~g ~n~ ~ ~ion ~ ~e ~a~on of pl~ ~, h~t~g, ~d ~n~tion~g ~pment ~ ~clud~ hem, but ~g ~d sh~t me~ work ~n~a~ ~ cl~ ~ ~d~ 1761. S~ ~de contra~ p~y e~ ~ el~t~ work ~ cl~ ~ ~d~ 1731. metal work--amt~ors Boiler er~ec~tou m~d imtmlht~ou--eoo- ~d ~c ~ we~ ~ ~!~ ~e ~ku~~ wo~~ tractom Sewer hookups and ootm~.iom fac Sheet me~ ~rk ~mb~ ~ b~ ~ or ~~u~ S~ ~m ~~ W~ ~p ~ ~ ~ FEB 2 ? 2001 ~"~ "_~ -- Permitted Use Permitted Use NO. PAINTING AND PAPER HANGING 1721 Painting and Paper Hanging Special trade contractors primarily engaged in painting and paper hanging. Special trade contractors primarily engaged in roof painting are classified in Industry 1761. Bridge p~.ntiag~contx~-'tor~ P~per imr~ing--contr~r~ ~l~tic peintin~ on sit~ (includin~ Ship I~inti~--~ontt~cto~ of lockers ~nd f'ttture~)--contrac~rs Traffic lane p~nting--contrnctom House p~nting---contractors Whitewashing--coutr~ctors PaintinS of buildi~o and other struc- ture, except mofe--contrnct~r~ ELECTRICAL WORK 1731 Electrical Work Special trade contractors primarily engaged in electrical work at the site. The construction of transmission lines is classified in Industry 1623, and elec- trical work carried on in repair shops is classified in Services, Industry Group ?62. Establishments primarily engaged in monitoring of burglar and fire alarms with incidental installation are classified in Services, Industry 7882. Permitted Use 1741 PermittedUse 1743 Permitted Use Permitted Use Burglar niarm inst~llafion--~ontractors Cable sp 'hcing. electric~l--contractars Cable television hookup--contrn~ors Comm,,-!~-+~ms equipment Lion --contrn~tors E]ec~ic~ rel~tir at ~ite of couetruc- t~on-=contr~tors Electriced Electronic ~ontz~l system in~allation~ ocntr~tors Fire n~rm insteJ. lation-=contra&'tors MASONRY, STONEWORK, TILE SETTING, AND PLASTERING Masonry, Stone Setting, and Other Stone Work Special trade contractors primarily engaged in masonry work, stone setting, and other stone work Special trade contractors primarily engaged in concrete work are classified in Industry 1771; those engaged in digging foundations axe classified in Industry 1794; and those engaged in the construction of streets, highways, and alleys are classified in Industry 1611. Mm~om-y--.coo trm~torm l~ef~"tory brick oonftruction--.cont,ro~ ~ini~ ~ ~: bl~ ~ ~ b~~m S~ne M~~ S~ne~k ~n~ 1742 Plastering, Drywall, Acoustical, and Insulation Work Special trade contractors primarily engaged in applying plain or ornamen- tal plaster, including the installation of lathing and other appurtenances to receive plaster, or in drywall, acoustical, and building insulation work. Acoustical work--contre~'tor~ Phatering. plain or aruamental--eon- Drywall construction --eontrnctm~ tractors In~uintion ~la~o~ building~-~- Taping and I~ dr~wall--=~mtr~e- Terrazzo, Tile, Marble, and Mosaie Work Special trade contractors primarily engaged in ~etting and installing ceram- ic tile, marble, and mosaic, and in ~g marble particles and cement to make terrazzo at the site of construction. Establishments primarily engaged in manufacturing precast terrazzo steps, benche~, and other terrazzo articles are classified in Manufacturing, Industry 3272. )dantel work--eontrn~ors Terrazm work--cootra~tors M~ble inst~lintio~ in~-rior. including Tile in.diction. certmle--eontra~o~ CARPENTRY AND FLOOR WORK 1751 Carpentry Work Special trade contractors primarily engaged in carpentry work= Establish- ments primarily engaged in building and installing cabinets at the job site are clarified in this industry. E~tabl]zhments primarily engaged in building custom cabinets for individuals in a shop are classified in Retail Trade, Indus- try 571~ Carpentry work performed by general contractors engaged in build- ing construction is classified in Major Group 15. Cabinet work performed at t~e con- Joinery, ship--co~tractors atrucCion sit~ Ship joinery--~ntractoru Carpent.~ work--contt-w~'tors Store fixture in~talint~on--contr~:~ore Proposed Use Proposed Use 561 Permitted Use 562 Permitted Use Permitted Use Permitted Use 564 1752 Floor Laying and Other Floor Work, Not Elsewhere Classified Special trade contractors primarily engaged in the installation of asphalt tile, carpeting, linoleum, and resilient flooring. This industry also includes special trade contractors engaged in laying, scraping, and flni~hing parquet and other hardwood flooring. Establishments primarily engaged in instslli~g stone and ceramic floor t'~e are classified in Industry Group 174; those install- ing or finishing concrete floors are classified in Industry 1771; and those in-.. stalling artificial turf are classified in Industry 1799. Linoleum lns~21htiou--cont~cto~ tr&ct,ors R~t floor i~ytnW--~outr~ctm~ F~Oor h~iz~, ~, fu~, m~d Vi~3~ floor tile refinishing--con U'~-tore ROOFING, SIDING, AND SHEET METAL WORK 1761 Roofing, Siding, and Sheet Metal Work Special trade contractors primarily engaged in the hu~uOl. a~ien of roofing, sicting, and sheet metal work..Sheet metal work performed l~y plumbing, heat* ing, and air*conditioning contractors in conjunction with t~e ~ation of plumbing, heating, and air~:onditloning equipment are clas~fied in Industry · 17].1. Architectural sheet I~ work~n- CoI:)J~ *_m ~onn__t'-,,~- with Ceiiir~s, meal: erection and repair-- Downspout in~ me~_--eon- Major GFoup $6.--APPAREL AND ACCESSORY STORES 5632 MEN'S AND BOYS' CLOTHING AND ACCESSORY STORES 5611 Men's and Boys' Clothing and Accessory Stores Establishments primarily engaged in the retail sale of men's and boys' ready-to-wear clothing and accessories. Appm~ *~ory ~tore~ men's and Hat ~ men's and Ix~'--~tail boy'--retAil Men*s we~ app~r~l~ WOMEN~ CLOTHING STORES 5621 Women's Clothing Stores Establishments primarily engaged in the retail sale of a general line of women's ready-to-wear clothiN. This industry also includes establishments primarily engaged in the specialized retail sale of women's coats, suits, axed dresses. Custom tailors primarily engaged in m~icln~ women's clothin~ to indi- vidual order are classified in Industry 5699. Women's Accessor7 and Specialty Stores Estah]~hme,.,ts prinmr~y en~aged in the reLEd! mLTe of women's clot]~ cessories and specialties, such 8s millinery, blouses, foundation garments, lin- gerie, hesiery, costume jewelry, gloves, handbags, and furs (including custom made furs). Appm~! ~ ston~ womb's-- Fur · Blouse Morm~vet~11 H&ndl~g CHILDI{~N'S ~ INFO' WEAR STORES 5641 Children's and Infants' We~r Store8 Establishments primarily engaged in the re{~d] male of chfi¢lren's and rants' ¢lothiag, furnishing, and ac~ries. Such ~b]J~hments may i~ in eJther children's or infant' w~ar or they may ~11 a combination of c~ dren's and infants' wear. 2001 ..~__~ No. 5651 Permitted Use 5661 Permitted Use 5699 Permitted Use Permitted Use Permitted Use Permitted Use FAMILY CLOTHING STORES Family Clothing Stores Establishments primarily engaged in the retail sale of clothing, furnishing, and accessories for men, women, and children, without specializing in sales for an individual sex or age group. F~m~ily clothing Je~um ~tor~--ret~il SHOE STORES Shoe Stores Establishment~ primarily engaged in the retail m~le of men's, women's, and children's footwear, including athletic footwear. Theze establishments fre- quently carry accessory lines, such as hosiery, gloves, and handbags. Footwear MISCELLANEOUS APPAREL AND ACCESSORY STORES Miscellaneous Apparel and Accessory Stores Establishments primarily engaged in the retail ~ale of 8peciA!i~d lines of apparel and accessories, not elsewhere classified, such as uniforms, bathing suits, raincoats, riding apparel, sports apparel, umbrellas, wigs, ~tnd toupees. This industry also includes custom tailors primarily engaged in making and selling men's and women's clothing, except fur apparel. Establishments pri- marfly engaged in m~kln~ fur apparel to custom order are cl~ified in Indns- try 5632. ~v,.=,,,,~k,-'~' shol~ cugom--.r~dl UmbraIra stores.--ret~l l~d~n,c~t. s~ore~reL~J W~. Major Group 60.--DEPOSITORY INSTITUTIONS The Major_ G_roup as a Whole COMMERCIAL BANKS Commercial banks and trust companies engaged in the business of accepting deposits from the public. 6021 National Commercial Banks Commercial banks and trust companies (accepting deposits) chartered under the National Bank Act. Trust companies engaged in fiduciary business, but not regularly engaged in deposit b~nlrirtg, are classified in Industry 6091.' Commet~l b~.k~ National Trot com~ (~eoept~g ~t~), comm~c~l: Natioml 6022 State Commercial Banks Co_mmercial banks and trust companies (accepting depe~its) chartered by one of the States or territories. Trust companies engaged in fiduciary business, but not regularly engaged in deposit banking, are classified in Industry 6091. 6029 Commercial Banks, Not Elsewhere Classified Commercial banks (accepting deposits) which do not operate under Federal or State charter. 6035 Savings Institutions, Federally Chartered Federally chartered savings institutions (accepting deposits) operating under Federal charter. Federal sav~gs and Ioaa a~oclatio~ Savinp and loan u~*-iatiom~ feder~ly Saying banl~ Federal chartered il' ~,G~ZNDA IT~ 2 ? 200] ~_~'ermitted Use ProPosed Use 6036 6061 6062 Savings Institutions, Not Federally C-hartered State-chartered savings institutions (accepting deposits) which do not oper- ate under Federal charter. Savin~ ~nd io~n a~ciations, not fed- Savings bankS. State: ~ot federally erally chartered chartered CREDIT UNIONS Credit Unions, Federally Chartered Cooperative thrift and loan associations (accepting deposits) organized under Federal charter to ~inance credit needs of their members. Federal credit unions Credit Unions, Not Federally Chartered C~operative thrift and loan associations (accepting deposits) organized under other than Federal charter to finance credit needs of their members. S~te credit unions, not federally char- Major Group 53.--GENERAL MERCHANDISE STORES The Major Group as a Whole ~ This major group includes retail stores which sell a number of lines of merchandise, such as dry goods, apparel and accessories, furniture and homefurnishings, small wares, hardware; and food. The stores included in this group are known by such names as department stores, variety stores, general merchandise stores, and general stores. Establishments primarily en- gaged in selling used general merchandise are classified in Industry Group 598, and those selling general merchandise by mail, vending machine, or direct se]linz are classified in In- dustry Group 596. Provoseal Use 531 DEPARTMENT STORES 5311 Department Stores Retail stores generally carrying a general line of apparel, such as suits, coats, dresses, and furnishings; homefurnishings, such as furniture, floor cov- erings, curtains, draperies, linens, and major household appliances; and housewares, such as table and kitchen appliances, dishes, and utensils. These stores must carry men's and women's apparel and either major household ap- pliances or other homefurnishln2~. These and other merchandise lines are normally arranged in separate sections or departments with the accounting on a departmentalized basis. The departments and functions are integrated under a single management. The stores usually provide their own charge accounts, deliver merchandise, and maintain open stocks. These stores normally have 50 employees or.more. Establishments which sell a similar r~nge of merchandise with less than 50 employees are classified in Industry 5399. ~lishments which do not carry these general .lines of merchandise are classified accordln_.~ to their primary activity. Depm~ment store~dl VARIETY STORES 6331 Variety Stores Establishments primarily engaged in the retail sale of a variety of merch_s,- dise in the low and popular price ranges. Sales usually are made on a cash- and~mxry basis, with the open-selling method of display and customer selec- tion of merchandise. These stores generally do not carry a complete line of merchandise, are not departmentalized, do not carry their own charge service, and do not deliver merchandise. Per~nitted Use 539 Permitted 5399 MISCELLANEOUS GENERAL MERCHANDISE STORES Miscellaneous General Merchandise Stores Establishments primarily engaged in the retail sale of a general line of ap- parel, dry goods, hardware, housewares or homefurnishings, groceries, and other lines in limited amounts. Stores selling commodities covered in the defi- nition for department stores, but normally having less than 50 employees, and Miscellaneous General Merchandise Stores~Con. stores usually known as country general stores are included in this industry. Establishments primarily engaged in the retail sale of me~hn-dise by televi- sion, catalog and mail-order are clasaified in Industry 5961. Permitted Permitted Permitted 8011 8021 8031 8041 Major Group 80.--HEALTH SERVICES OFFICES AND CLINICS OF DOCTORS OF MEDICINE Offices and Clinics of Doctors of Medicine Establishments of licensed practitioners having the degree of M.D. and en- · gaged in the practice of general or specialized medicine and surgery. Estai> lishments operating as clinics of physicians are included in this industry. teopathic physicians are classified in Industry 8031. A~th~iol~i~,~ offic~ of Cli~i~ of phy~.,~ Od.D.) Dernmtolo~izt~ oie/'tc~ of Free~anding emergency medimi {M.D.) lgeurol~iW~ off~e~ of Ophth~lmologig~ of Y*c~ of Orthopedic ph~mici~n~ off~ of OFFICES ANI) CLINICS OF DENTISTS Offices and Clinics of DenUsts Establishments of licensed practitioners having the degree of D.M.D. or D.D.S. (or D.D.Sc.) and engaged in the practice of general or specialized den- tistry, including dental. surgery. Establishments operating as clinics of dentists are included in this industry. l~nt~l sur~om, offioe~ of Pethologi~t~, or~ offsc~ of. DentSeta, off'~e m~l ~ of Pedodont~, offm of Endodonti~t~ ~f'm of Pro~hodontist~ off~c~ of OFFICES AND_CLINICS OF DOCTORS OF OSTEOPATHY Offices and Clinics of Doctors of Osteopathy Establishments of licensed practitioners having the degree of D.O. and en- gaged in the practice of general or specialized osteopathic medicine and sur- gery. Establishments operating as clinics of osteopat!~c physicians are includ- O~eop~hic ph~dcim~ ofik~ ~d citu- OFFICES AND CLINICS OF OTHER HEALTH PRACTITIONERS Offices and Clinics of Chiropractors Establishmente of Ucensed practitioners having the degree of D.C. and en- gaged in the practice of chiropractic medicine. Establishment~ operating as clinics of chixopr~rs are included in thi~ industry. 2001 8049~ Permitted 8043 Permitted 8049 Permitted Permitted Permitted' Permitted 8051 8o52 8059 Offices and Clinics o[ Optometrists ~lishments of licensed practitioners having the degree of O.D. and en- gaged in the practice of optometry. Establizhments operating as clinics of op- tometrists are included in ~ industry. OptOllJ~fA'iStS, 0~C~8 ~t~d ¢lir~ie~ Of Off'~ees and Clinics of Podiatrists Establishments of licensed practitioners having the de~ree of D.P. and en- gaged in the practice of lxxiiatry. Establishments operating as clinics of podia- trists are included in this industry. Podimtrb~ office* and clinic~ o~ Office8 and Clinics of Health Practitioners, Not Elsewhere Classified Establishments of health practitioners engaged in the practice of health fields, not elsewhere classified. Practitioners may or may not be licensed or certified, depending on the State in which they practice. Establishments oper- ating as clinics of health practitioners, not elsewhere cl~s'd'zed, are included Acupuncturif~ except M~).: offices A~d/oMg/sts, offices ~ ~ hy~en~ offi~ ~ H~ offi~ of ~on ~p~ ~ Skilled Nursing Care Facilities Establishments primarily engaged in providing inpatient nursing and reha- bilitative services to patients who require continuous health care, but not hoe- pital services. Care must be ordered by and under the direction of a physician. The staff must include a licensed nurse on duty continuously with a minimum of 6ne full-time registered nurse on duty during each day shift. Included are establishments certified to deliver skilled nursing care under the Medicare and Medicaid progr~ms~ Convalescent home~ with coutinuou~ Mental retardation hospitab nuz~ing care Nur~'mg home~ ~cilled Extended care facilities Intermediate Care Facilities Establishments primarily engaged in providing inpatient nursing and reha- bilitative services, but not on a continuous basis. Staffing must include 24- hour per day personnel with a licensed nurse on duty full-time during each day shift. At least once a week, consultation from a registered nurse on the delivery of care is required. Included are facilities certified to deliver interme- diate care under the Medicaid program. Nursing and Personal ~are Facilities, Not Elsewhere Classified Establishments pr~y engaged in providing some nursing and/or health- related cere to patients who do not require the de~e of ~ and treatment that a s~H~ed or intermediate care £aci~ty is dealed to provide. Patients in these fa '~fiities, ~ause of theft mental or ph~si~ condition, require some nursing care, inc~ud~E the a&mb~istoring of medications s~d treatments or the supervisio~ of self~&~n~ered mediations in a~ordance with a cis~'s orders. Establishment~ pr~ari[¥ e~gaged in providing day-to~ay per- sonal ~ without supervision of ~he delivery of health services pres~ribod Convalescent home~ with I~lth ~ Peraonal care facilities with hsalth care ~ Domiciliary c~re with health care Personal care home~ with health cav~ Homes for th~ mentally ret~Med with P~ychiatric patient's couval~o AGF_N~A ITF~ FEB 2 7 2001 Permitted Permitted Per. mitted Permitted Permitted 8O62 8063 8069 General Medical and Surgical Hospitals Establishments primarily engaged in providing general medical and surgical services and other hospital services. Specialty hospitals are classfixed in Indus- tries 8063 and 8069. Psychiatric Hospitals Establishments primarily en~aged in providing diagnostic medical services and inpatient treatment for the mentally ill. Establisinnents, known as hcepi- tals, primarily engaged in providing health care for the mentally retarded are classified in Industry 8051. Mental ho~ital~ enc~t for the m~n- Psychiatric hc~pitab t~ly r~ar~d Specialty Hospitals, Except Psychiatric Establishments primarily engaged in providing diagnostic services, treat- ment, and other hospital services for specinli~ed categories of patients, except mental. Psychiatric hospitals are classified in Industry 8063. Drug addiction rehabilitation h~pit~ls Eye, ear, nese, mad throat ho~pitab: pat/ont MEDICAL AND DENTAL LABORATORIES 8071 Medical Laboratories 8072 8O93 8099 Establishments primarily engaged in providing professional analytic or diag- nostic services to the medical profession, or to the patient on prescription of a physician. Bacteriolo~cal Inborntorito (not m&~u- Medical lsborutories, ~ facturing) Pathological labormtor~ Biolagic~l ~0ra~'ie~ (not mamLinctur- Testing I~bomtori~, ~ Blood analysis laboratori~ Urin~l,l~m inbor~tori~ - i~) labor~tori~ of (~ot manuf~cturi~) Dental labo~tod~ X-my Dental Laboratories Establishments primarfiy engaged in m~iclng dentures, artificial teeth, and orthodontic appliances to order for the dental profession. Establishments pri- marfly engaged in manufacturing artificial teeth, except to order, are classi- fied in Manufacturing, Industry 3843, and those providing dental X-ray labora- tory services are classified in Industry $071. Crowns mad bridges made ~n dental hb- Orthodont~c applhnce~ made in det2t~l oratories to order for the pr~fem~on hbor~tories to order f~' the pr~eo- to order for the profeJslon tories to order for the Specialty Outpatient Facilities, Not Elsewhere Classified ~rtablishments primarily engaged in outpatient care of a specializ~ nature with permanent facilities and with medical staff to provide diagnoe~ treat- ment, or both for patients who are ambulatory and do not require inpatient care. Offices and clinics of health practitioners are classified according to their' primary activity in Industry Groups 80! through 804. Health and Allied Services, Not Elsewhere Classified F-~tablishments primarily engaged in providing health and allied services, not elsewhere classified. Offices and clinics of health practitioners are claesi- fled according to their primary activity in Industry (~roUlM $01 through AttiC. medicsl Me~ai photogrepIO and Blood IMnko OwteolMr~is ceutm~ Blood donor stations Ox~n tent eorvtce Health .creening .a~ice Hearing ~ ~nn6c~ Plammaphevewia contain ~ e~cept b~ ph~ici~ AI3r_N~A IT-F.~ FEB 2 7 2001 Pg. Permitted Use Not Permitted Permitted Use Permitted Use Major Group 59.--MISCELLANEOUS RETAIL 5912 Drug Stores and Proprietary Stores Establishments engaged in the retail sale .of prescription dru~, proprietary drugs, and nonprescription medicines, and which may also carry a number of related lines, such as cosmetics, toiletdes, tobacco, and novelty merchandise. These stores are included on the basis of their usual trade designation rather than on the stricter interpretation of commodities handled. This industry in- cludes drug stores which also operate a soda fountain or lunch countor. LIQUOR STORES EstabHgl~ms,~tt,.p~_'runarily engaged in the retail aal~9f~'~n~ ~coh.olic h · S~on on the premines are classi- 5941 5942 MISCELLANEOUS SHOPPING GOODS STORES Sporting Goods Stores and Bicycle Shops Establishments primarily engaged in the retail sale of sporting goods, sport~ ing equipment, and bicycles, bicycle parts, and accessories. Retail establish- ments primarily engaged in selling motorized bicycles are classified in Indus- try 5571, and those engaged in the retail sale of athletic footwear are classi- fied in Industry 5661. Establishments primarily engaged in repairing bicycles are classified in Services, Industry 7699, and those renting bicycles are classi- fled in Industry 7999. Ammunitionsretail trig equipment~ret~l Bait ~ tackle ~hope--retafl BAcycle and bic2cle petra dealera, except moterlaed~tetail !~ling equipment and ~appliea-- Oampimg equipmentsretail E~erci~e appatatua--~tail Fi~bing equipm~nt--retafi Oolf ~ ~d equipme~t~r~tail Book Stores Establishments primarily engaged in the retail sale of new Ix~oks and maga- zines. Establishments primarily engaged in the retail sale of used books are classified in Industry 5932. Permitted Use Not Permitted 5946 Camera and Photographic Supply Stored Establishments primarily engaged in the retail sale of cameras, film, and other photographic supplies and equipment. Establishments primarily en- gaged in the retail sale of video cameras are classified in Industry 5731 and these engaged in finjshlng film~ are class~ed ~ Service~ Indtmtry 7384. 5947 ~,and Souvenir Shops - Eatablishme-~'ts'-prim.~arily engaged in the retail ~le of combined lin.~.__..~.~ff~.~ FEB 2 ? 2001 5992 Permitted Use Permitted Use Permitted Use Not Permitted Permitted Use Florists EstabKshments primarily engaged in the retail sale of cut flowers and grow- ing plants. Establishments primarily engaged in the retail sale of seeds, bulbs, and nursery stock are classified in Industry 5261, and greenhouses and nurser- ies primarily engaged in growing seeds, bulbs, flowers, and nursery stock are classified in Agriculture, Industry 0181. 5995 Optical Goods Stores Establishments primarily engaged in the retail sale of eyeglasses and con- tact lenses to prescription for individuals. Offices of oculists, ophthalmolegists, and optometrists are classified in Services, Major Group 80, even if a majority of their revenues comes from retail sales. Establishments primarily enaR~,~l in the retail sale Of binoculars, telescopes, and opera glasses are classified in Industry 5999. 5999 Miscellaneous Retail Stores, Not Elsewhere Classified Establishments primarily engaged in the retail sale of speeialized line~ of merchandise, not elsewhere classified, such as artists' supplies; orthopedic and artificial limbs; rubber stamps; pets; religious goods; and monuments and tombstones. This industry also includes establishments primarily engaged in selling a general line of their own or consigned merchandise at retail on an auction basis. Establishments primarfiy engaged in auctioning tangible per- sonal property of others on a contract or fee basis are clarified in Services, industry 7389. An:hit~m.nd mapplie~--remil Autograph and philatel~ aupply C~ke decorat/rig mpp~ H~ ~ H~ ~ Police supply sto~--re~il Rubber ~tamp ~ order T~ ~ Tei~~ T~t ~ Tom~~ Major Group 72.--PERSONAL SERVICES LAUNDRY, CLEANING, AND GARMENT SER¥ o~ses~.~:nt~bT~lishmentaes, Family and Commercial y engaged in operating mechanical laun~_~~ primarily_ ~ngag. _~.Y~g 7212 Garment Pressing, and Agents for Laundries and Drycleaners EstabKshments primarily engaged in providing laundry and dryclennlng services but which have the laundry and drycleaning work done by others. tablishments in ind try may do the own or tablishments operating their own laundr~ plants are classified m 7211, and those operating their own drycleaning plants are clarified in Indt try 7216. A~nta. rataik for !aandri~ and dry- Prem aho~ for Bob~iler~ laundry and drycl-.,~i-_~ not operated by laandrie~ or cle~ C~anlr~ &ml laml~y pickup ~tationz. Vale~ appm'el A~A IT~ FEB 2 7 2001 7217 Permitted Use Carpet and Upholstery Cleaning Estab!~stunents primarily engaged in cleaning carpets and upholstered niture at a plant or on customers' premise~. E~tabl~s!~ments prLmav41y eng~ in rug repair are classified in Industry 7699, and those primarily engaged in reu~pholstering and repairing furniture are classified in Industry 7641. ~ cl-~-i~ on eUlt~me~' i~emim= , Major Group 87.--ENGINEERING, ACCOUNTING, RESEARCH, MANAGEMENT, AND RELATED SERVICES Permitted Use Permitted Use Permitted Use Permitted Use Permitted Use ENGINEERING, ARCHITECTURAL, AND SURVEYING SERVIC~-~ 8711 Engineering Services Establishments primarily engaged in provid{n.a professional engineering service~. Establishments primarily providing and supervising their own engi- neering staff on temporary contract to other firms are included in thiz indus- try. Establishments providing engineering personnel, but not 'general supervi- sion, are classified in Industry 7363. Establi~hmentz primarily engaged in pro- riding architectural engineering services are classified in Industry 8712, and those providing photogremmetric engineering services are .classified in Indus- try 8713. mm-in~ reed desert 8712 Architectural Service~ Establishments primarily engaged in providing profe~ional architectural services. Establishments primarily engaged in providing landscape architec- turs] services are claseified in Agriculture, .Industry 0781. Establishment~ pri- marfly engaged in providing graphic art~ and related design services are cla~- sifted in Industry 7336, and those providing draf~!n~ services are classified in Industry 7389. 8713 Surveying Services Establishments primarily engaged in providing professional land, water, and aerial surveying eervice~. Phot~mmetric ~ee~in~ ACCOI~7TING, A~DITING, AND BOOKKEEPING SERVICES 8721 Accounting, Auditing, and Bookkeeping $ervJces Establishments pr~nariiy engaged in ~rnishing accounting, b~okkeeping, and rela~d auditing services. These establishments may use data pr~esing and tabulating ~echniques as per* of providing'their services. However, estab- lishments p~nerfiy engaged in providing dat~ processing and tabulating serv- ices are classified in Industry 7~4. Es~blishments providing income ~ 8734 Testing Laboratorie~ E~tablishment~ primarily engaged in prowidlng ments primarily engaged in performing clinical medical profession are classified in Industry 8071. AutamobLb pmvtni ~d teeing Calibration and cert~c~tion (testing) Dozimetry, Foramic labora~oriea ug~'~2r~nf testing services. Establisl laboratory testing for tl AG£1,~A FEB 2 7 2 01 'ermitted Use 'ermitted Use rmitted Use MANAGEMENT AND PUBLIC RELATIONS SERVICES 8741 Management Services Establishments primarily engaged in furnishing general or specialized man- agement services on a day to day basis and on a contract or fee basis. Estab- lishments in this industry do not provide operating staff. Management and op- eration of a business, where operating staff as well as management is provid- ed, is classified according to the activity of the establishment managed. ,~dmi,,~ratlve management eervices 'on Cir~it man%oeme~t ~er~ice~ for Offiee management 8742 Management Consulting Services Estab~ishme.nts primarily engaged in furnishing operating counsel and as- sistance to managements of private, nonprofit, and public organizations. These - establishments generally perform a variety of activities, such as strategic and organizational planning;, financial planning and budgeting;, marketing objec- tives and policies; information systems plannlnE, evaluation and selection; human resource policies and practices planning;, and preduction scheduling and control planning. These establishments are characterized by the breadth and scope of the problems they address. l-l,,m-~ reeource con~ultant~ e~ep~ 2mploymant lultan~ 8743 Public Relations Services Establishments primarily engaged in the preparation of materials, written or spoken, which are designed to influence the general public or other groul~ in promoting the interests of their clients. FEB 2 7 2001 PETITION NUMBER DATE APPLiCATiON FOR PUBLIC HEARIN(~ FOR P~NING SERVICES Name of Applicant(s) an~.hnn_y F: J_=_nc!g=_r; %_rustee Applicant's Mailing Address 7622 Pebble 'Creek Circle ~204 City Naples State Florida Zip 34108 Applicant's Telephone Number: Res.: 598-4296 Bus.:[2~-6160 Is the applicant the owner of the subject property? XX Yes No __X_X_ (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. _ Anthony F. Jancigar, 7622 Pebble Creek Circle #204, Naples, FL 34108 and Dr. Thomas Warren, 27155 Chardon Road, Richmond Hgs., OH 44143. . (If space is inadequate, attach on separate page.) Name of Agent W.!lliam L. Hoover Firm ~oov~r Planntng ~ DoV., Inc. Agents Mailing Address 3785 Alrpor~ Road N.. Suite' B-1 City Naples State ~_1~ Zip _3~ Telephone Number: Res.: 598-3589 Bus.:403_8899 Fax: 403-9009. A~A FEB 2 7 3. PUD ORDINANCE NAME AND NUMBER: Pine Ridqe Center West PUD/Ord~98-32 4. 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 five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 18 TOWNSHIP 49S RANGE 26E That portion of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. e Address or location of subject property On the south side of Pine Ridge Road and approximately 1000 feet west of Whippoorwill Lane. 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). No. · XX TYPE OF AMENDMENT: A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: XX Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No. PETITION $: NA DATE: AC~.NDA ITF..~ :~ FEB 2 7 2001.' 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. ~ No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT ~ge attached Authorization Letter. being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true ~to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER SIGNATURE OF OWNER SIGNATURE OF AGENT State of Florida County of Collier The foregoing Application was acknowledged before me this day of , 199 by , who is personally known to me or who has produced as identification and who did(did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: PUD\DO APPLICATION/md/4128 3 AGENDA IT~J~ FE3 2 ? 2001 NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed PUD Amendment of the Pine Ridge Center West PUD, Located West of Whippoorwill Lane on the South Side of Pine Ridge Road, in Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Hoover Planning & Der., Inc. 3785 Airport Road North, Suite B, Naples, Florida 34105 has been engaged by the land owner shown below to act as the authorized agent and to request necessary applications dudng the PUD Amendment petition process for the subject project. The landowner also acknowledges to have unified control over the subject project. Sinqereiy, STATE OF ~,~ COUNTY OF. The~ foregoing instrument was acknowledoed before Who~/are ~rsona~ly. known to ~ or have pr~u~ as identification and who did (did not) ~ke an oa~. day of Notary Public Printed Name My Commission Expires: PATRICIA LAMURE l'¢Or F~.O DEC. 2,2002 SEAL LIVINGSTON ROAD ? 2001 ?.~- ~ ORDINANCE 2001- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PI2qE RIDGE CENTER WEST PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-32 AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, William L. Hoover, of Hoover Planning & Development, Inc, representing Anthony F. Jancigar, Trustee, 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, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number 91-102, the Collier County Land Development'Code, is hereby amended accordingly. ~- SECTION TWO: Ordinance Number 98-32, known as the Pine Ridge Center West PUD, adopted on April 28, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -3.- AG~A ITEM FE9 2 7 2001 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: JAMES D. CARTER, PhD.,, CHAIRMAN M~'jc(~ie M. Studen~ Assistant County Attorney G:/admin/PUD-88-11 (2yRB/CW -2- AGE~A ITEM" -- FEB 2 ? 200! PINE RIDGE CENTER WEST PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: ANTHONY F. JANCIGAR, TRUSTEE 7622 PEBBLE CREEK CIRCLE ft204 NAPLES, FLORIDA 34108 PREPARED BY:' WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER July 24~ 2000 October 27, 2000 EXHIBIT "'A" FEB 2 7 2001 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F LIST OF EXHIBITS PUD MASTER PLAN/VVATER MANAGEMENT PLAN BOUNDARY SURVEY COMPOSITE MASTER PLAN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN ACtA ~ 1~ m~,~ FEB 2 7 2001 STATEMENT OF COMPLIANCE The development of approximately 8.87 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Pine Ridge Center West PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center West PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. The subject property is located approximately 3/4 mile west of the intersection of 1-75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses, as permitted by the Future Land Use Element. The subject properry's location in relation to existing or proposed community facilities and services permits the Development's intensity of land uses as required: in Objective 2 of the Future Land Use Element. The project Development is compatible with and complementaq/to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. AGE~A I'rF.A, FEB 2 7 2001 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Center West PUD. LEGAL DESCRIPTION That portion of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 114 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. PROPERTY OWNERSHIP The subject property is owned by: Anthony F. Jancigar, Trustee 7622 Pebble Creek Circle #204 Naples, Flodda 34108 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane, approximately 3/4 mile west of 1-75, in the unincorporated area of Collier County, Florida. The property is currently vacant. The entire Project site currer, tly has PUD Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance with the Rules of South Flodda Water Management District. 2 A~A ITEM FEB 2 7 2001 1.6 1.7 Elevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. The approximate southern half is pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. PROJECT DESCRIPTION The Pine Ridge Center West PUD will include a mixture of commercial and office uses. The Pine Ridge Center West PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. SHARED FACILITIES For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting to the east, known as the Pine Ridge Center PUD, and whose legal description is as follows: That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. This property is presently owned by Peter Longo and Mark Longo whose address is: c/o Ohio Sealants, 7405 Production Drive, Mentor, Ohio 44060. The sharing of these facilities does not limit, in any manner whatsoever, the dght of each individual property owner to use, assign, lease or dispose of its 3 FEB 2 7 2001 1.8 individual property in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center West Planned Unit Development Ordinance." 4 A~.,~DA ITEM FEB 2 7 200! pg. ~'~ 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL Regulations for development of the Pine Ridge Center West PUD shall be in accordance with the contents of this document, PUD-P!anned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. So Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. All conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center West PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those. regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this Development. 5 A~A ITEM "~ FEB 2 ? 2001 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES 2.4 2.5 The project Master Plan is iljustrated graphically by Exhibit "A," PUD Master Plan. Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. Go In addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, pdvate, or semi-public) shall be established and/or vacated within or along the property as may be necessary. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. -B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 6 AGENDA ITFJ~ FEB 2 7 2001 3.1 3.2 3.3 SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A," PUD Master Plan. GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospital, health service, and contractor uses. The 8.87-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: All Permitted Principal Uses for Area "C" as described within this PUD Document. 2. BuildingConstruction - General Contractors (group,,~ 1521 - 1542). Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood. flooring, insulation material, and fencing, 5231 -5261). Construction - Special Trade Contractors (groups 1711 - 1731, 1741 except for concrete block laying contractors, -1742 except for drywall construction contractors and lathing contractors, 1743 - 7 FEB 2 7 2001 o 1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, cautking contractors, cleaning buildings contractors, counter top installation contractors, fence construction contractors, fireproofing buildings contractors, ornamental metalwork contractors, paint and wallpaper stripping and removal contractors, posthole digging contractors, steam cleaning of building exteriors contractors, tile wall and floor installation contractors, tinting glass contractors, and waterproofing contractors). Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, lawnmower repair, locksmiths, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which comparable in nature with the foregoing uses. Area "C" Permitted Principal Uses and Structures: 2. 3. 4. 5. o is Apparel and Accessory stores (groups 5611 - 5699). Auto Supply stores (group 5531). Depository Institutions (groups 6021-6062). Eating Places (group 5812). Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). General Merchandise Stores (groups 5311 - 5399).. Health Services (groups 8011 - 8099). Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). Hotels and Motels (group 7011). Insurance Agents, Brokers, and Services (group 6411). 8 AGEI~A ITF..M FEB 2 ? 2001 3.4 11. 12. 13. 14. 15. 16. 17. 18. 19. : Legal Services (group 8111). Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales)). Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores (groups 5231 - 5261). Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217, 7221 - 7261 except crematories, 7291). Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). Real Estate Agents and Managers (group 6531). Travel Agencies (group 4724). Video Tape Rental (group 7841). Any other commercial use or professional service use which is Comparable in nature with the foregoing uses. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. Accessory Uses: 1. 2. Drinking Places (group 5813, only in conjunction with Eating Places) Extedor speakers for drive-through facilities are permitted but exterior-loud speakers and public address systems are prohibited. DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: 9 ACtA ITEM FEB2 7 2001 Fo Seventy-five (75) feet. Minimum Yards: (1) (2) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) All Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Side Yards external to the PUD - Fifteen (15) feet. (e) Rear Yards - Fifteen (15) feet. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. Minimum Floor Area: Seven hundred (700) square feet for-the principal structure on the first habitable floor. Maximum Height: Three (3) stodes or forty (40) feet, whichever is more restrictive. Off-Street Parkin,q and Loadin.q Requirements: (1) No vans or trucks rated over one (1) ton capacity shall be parked outside buildings housing contractor's offices or selling building materials except while engaged in loading or unloading activities. Contractor's offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and. neighboring property owners. (2) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. LandscapinR and Buffering Requirements: 10 FEE 2 ? 2001 Ho Jo Lo As required by Division 2.4 of the Land Development Code in effect at the time of building permit application. SiRns: Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. Distance Between Principal Structures: Ten (10) feet. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.9B. of this PUD Document. Lighting: Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted. Lighting shall meet the architectural standards further described in Section 4.9B. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto adjacent properties. Architectural Buildin.q Desi.qn: (1) All principal buildings housing contractors' offices or selling building materials shall be architecturally designed to look similar to at least one of the buildings shown on Exhibits "D" to "F". (2) All building exteriors shall be finished in light or moderate colors exce1~tfor decorative trim. (3) All extedor building walls shall be architecturally finished and metal extedor walls shall not be permitted. 11 FEB 2 ? 2001 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successo~ or assignee in title to the Developer is bound by the commitments within this Agreement. PUD MASTER PLAN Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of. Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. So All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 12 A GE.~A ITEM FEB 2 7 2001 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT 4.5 4.6 4.7 A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. So The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A water management plan shall be submitted to include the location of the discharge control structure and a cross-section of the proposed perimeter berm. So If the property is subdivided into two (2) or more parcels, a plat shall be required. A shared access agreement shall be recorded prior to final construction plan approval. Work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. WATER MANAGEMENT A shared water management agreement shall be recorded prior to final construction plan approval. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. UTILITIES County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum water main shall be required to serve the site, providing 13 FEB 2 ? 2001 4.8 calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer Distdct acceptance. Go All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer Distdct.~ The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. TRAFFIC ,' So The proposed joint access~ shall be privately malntained. The Developer shall esta '~_~egal entity responsible for all future maintenance as a condition ofal;ll;~oval of this PUD. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92-422, the Collier County Access Management Policy, as it may be amended from time to time, .and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. Go Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. Do An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the. development. Eo Compensating right-of-way for turn lanes and median areas shall be dedicated by the Developer to reimburse the County for the use of 14 FEB 2 7 2001 H,4TTO~/ ~ S~E~/CER . r LEO~ DESC~FT~N TO~ d9 S~T~ tAG ~6 EAST. C~EI C~ F~ A 06TA~ ~ ql4.73 FEET TO T~ ~T~ST Vd ~ T~ ~T~ST U4 ~ S~ SEC~ ~4 s , ~NT 0¢ TIAW~TAT~ ~T ~ WAY HAP K~ S~ATE r s ~' ~' 25' E F~ A ~ST~E ~ L~ ~ ~ ~ ROAO. HAV~ A NA~ ~ 5104.51 FEET: T~W A CENT~ A~E ~ OZ' 3~ 3~ A~ 266.08 F~T ~0 T~ E~ ~ S~ ~YE. N 14' ~ 4r w ~ [M S~T~Y A~T ~ WAY Pg FEB 2 7 2001 EXHIB ED BI FEB 2 ? 2001 PS.~ ,, EXHIBIT E PERMITTED BUILDING DESIGN FEB 2 ? 2001 EXHIBIT F PE RMI'I'T.~ED .BUILDING DESIGN FEB 2 7 2001 EXECUTIVE SUMMARY PETITION PUD-00-6, WILLIAM L. HOOVER OF HOOVER PLANNING, REPRESENTING RONALD W. RAGGE, REQUESTING A REZONE FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS RAGGE PUD ALLOWING FOR A MIXTURE OF COMMERCIAL AND OFFICE LAND USES FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), AND OPPOSITE WHIPPOORWILL LANE IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone a 4.50-acre site from Estates to Planned Unit Development permitting a mix of commercial retail and offices. CONSIDERATIONS: The subject 4.50-acre site is located within the Interchange Activity Center #10 which functions as an area that provides for a mixture of commercial uses for the traveling public and also serves as a gateway into Collier County. Therefore, the PUD document and Master Plan have been designed to provide additional landscaping and architectural standards that are to be applied to those uses that typically serve the traveling public. The PUD Master Plan also provides three (3) land use parcels on- site, two for commercial development and one for water management. The proposed design for parcels (A, B & C) are intended to provide a transition between residential to the north and the commercial uses to the south, east and west. The Master Plan is also designed to buffer the project from the residential community to the north as noted below Area A (.57-acres) allows for open space, landscaping and storm water management facilities. This area was specifically located adjacent to Livingston Woods Lane, which abuts the residential Estates neighborhood. Within Area A, a proposed eight (8) foot high masonry wall within a fully landsc. aped buffer will be provided across the rear yard adjacent to Livingston Woods Lane. This wall will have a common architectural theme in a similar style with the other buildings within the PUD. This requirement is consistent with the previous BCC approvals for all t. he commercial PUD projects within this quadrant of Activity Center #10. Area B (2.07-acres), permits apparel stores, banks, restaurants (sit-down only), grocery stores, hotels/motels, miscellaneous retail [groups 5912 .(drug stores), 5941 (sporting goods), 5942 (book stores), 5946 (camera stores) and 5994 (newsstands], personal services [group 7212 (dry cleaning), 7231 (barber'shops), 7261 and (funeral service)], and medical office/professional office (groups 8011- 8049). Building heights are limited to 35 feet and are required to be setback a minimum of ninety (90) feet from Livingston Woods Lane. Area C (1.63 acres), allows more intensive uses such as auto rental services with car (group 7514), fast fq0d restaurants (group 5812), auto supply and all uses in Area B are permitted. The PUD Document prohibits loudspeakers and provides increased landscaping along Pine Ridge Road within Area C if developed as a gasoline service station. The PUD also restricts the rental services to Area "C" fronting -oh Piwe Ridge Road. Th~,~ubject site is located within the Urban Mixed Use (Urban Residential) Area and is also located in the Interchange Activity Center #10'as identified on the Future Land Use Element (FLUE) and Map. The function of the Interchange Activity Center provides for a mixture of commercial uses (i.e.: hotels/motels, restaurants, gasoline service stations and convenience commercial uses) for the'traveling and passer-by public. Based on the analysis contained in the Staff Report, the proposed commercial PUD is consistent with the FLUE of the Growth Management Plan. There are currently five (5) other approved commercial PUD projects in the Northwest Quadrant of this Interchange Activity Center. It is the intent of staff to structure the Ragge PUD document and master plan to provide similar land use, development standards, landscaping, screening and buffering standards that were previously approved by the BCC for all of these PUD projects. However, the Ragge PUD prohibits gasoline service stations. Staff has reviewed the applicam's Traffic Impact Statement (TIS) and has the following comment. The proposed rezone will generate approximately 1,282 Weekday trips at build-out in 2002/03. The current traffic count for the segment of Pine Ridge Road (C.R. 896) fronting the project is 39,025 and is operating at LOS "F". However, this segment is currently under construction as a 6-lane facility. At that time, the LOS is projected to operate at acceptable conditions. Based on the analysis in the TIS, the site-generated trips will not exceed the significance test standard (5 percent of the LOS "C" design volume) on CR~896. The Transportation Services is also recommending an additional stipulation as follows. That Whippoorwill Lane be extended northward along the easte.rn property line and connecting to Livingston Woods Lane. This road extension will allow residents within the Livingston Woods Subdivision to access these commercial properties without havine to use Pine Ridge Road. In addition, due to the traffic congestion problems along Pine Ridge Road, the Transportation Services staff has indicated that this road extension and interconnectivity will improve traffic circulation in this area. It should be noted that all of~the previously approved PUD petitions within this quadrant were specifically prohibited by the Board of County Commissioners from providing access to Livingston Woods Lane. The intent was to prevent transient vehicular and pedestrian traffic from gaining access to the Livingston Woods subdivision directly from the commercial properties. The BCC also stipulated that an 8-foot tall architecturally finished masonry wall be placed within the northern landscape buffer to improve the safety, privacy and to provide additional screening of the commercial structures from the residential subdivision. 2 AGENDA ITEM NO. FEB 2 ? 2001 FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this approximately 42,000 square foot commercial project: · Park Impact Fee: · Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee: · Correctional Facility: · Radon Impact Fee: · B.C.A.I. Impact Fee: · EMS Impact Fee: $578.00 $180.52 $0.15 per square foot under roof $1,755.00 per 1,000 square feet $1.0920 per square foot $0.005 per square foot under roof $0.005 per square foot under roof $132.00 per 1,000 square feet The total amount of impact fees for the commercial area is $132,596.52. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build- out 'will have. maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated 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 valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, 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 that may have local geographic concurrency implications. 3 GROWTH MANAGEMENT IMPACT: The subject PUD is designated Urban (Urban - Mixed Use District, Interchange Activity Center Sub- district) on the Future Land Use Map of the Growth Management Plan. This designation permits commercial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. This designation will also allow residential density up to 16 units per acre. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed commercial uses is consistent with the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County LDC. ENVIRONMENTAL ISSUES: Due to the small size of the site containing no wetlands, no Environmental Impact Statement (EIS) is required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's application and PUD Document. Due to the small size of the site, they have approved this petition as submitted. Sir~ce no EIS was required, this petition was not required to be sent to the Environmental Advispry Council (EAC). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on February 1, 2001. They voted (6 to 1) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval Subject to staff stipulations contained in the PUD document. This motion did not include the added Transportation Services Department's recommendation to have Whippoorwill Lane extended northward along the eastern property line and connecting to Livingston Woods Lane. Their reasoning was that the proposed road extension would significantly impact the Livingston Woods subdivision by allowing transient vehicular and pedestrian traffic to gain access to that residential area directly from the commercial properties. The Planning Commissioner who voted against the motion stated that the road interconnection would improve traffic circulation on Pine Ridge Road. ~.. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD-00-6 subject to all staff stipulations and the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. AGENDA ITEM NO. ~ FEB 2 7 2001 PREPARED BY: RAY~ELLOWS, PRINCIPAL PLANNER ~ENT PLANNING SECTION v-RONAED F. NINO, AICP, M---X--~GER CUR~NT PLANNING, SECT}ON ' i / RoI~ERT~ J. 5/~U£}-IE~/AIC~fBIRECTOR PLANNINGgERVI~F_$ DEPARTMENT N ORI~A~ FE,~ER~ AICP, ADMINISTRATOR TRANSPORI~ATION DIVISION DATE DATE 2, DATE APPROVED BY: JO.HN N~. DU~qNI~cK, Ill, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE PUD-00-6,'EX SUMMARY/RVB/rb 5 AGENDA ITEM NO. FEB 27 2001 AGENDA ITEM 7-B TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JANUARY 10. 2001 PETIT1ON NO: PUD-00-6. RAGGE PUD AGENT/APPLICANT: Agent: Mr. William L. Hoover 3785 Airport Road N. #B Naples. Florida 34105 Owner: Mr. Ronald W. Ragge 3609 Rainey River Road Las Vegas. Nevada 89108 GEOGRAPHIC LOCATION: The subject propertL is located on tile north side of Pine Ridge Road (C.R. 896) and approximately 1.500 feet west of 1-75 in Section 7. Township 49 South. Range 26 East. REQUESTED ACTION: The petitioner is requesting that tile Collier County Planning Commission forxvard to the Boai'd Of Coullty Commissioners a recoinmendation to appro'¥e a rezone of the sub, ject site from "E" Estates to Planned Unit Development (PUD} that allows for a mixture of commercial and office land uses. PURPOSE/DESCRIPTION OF PROJECT: The subject 4.50-acre property is proposed to allow for a mix of Commercial and office land uses. The proposed PUD permits batiks. commercial retail, motels. restaurants, and oWlce uses. The project has joint access with the adjoining Angileri PUD at Pine Ridge Road. This access road directly aligns with Whippoorwill Lane, where a traffic signal has been installed. There is also an eastAYest cross-access through the middle project connecting the Gateway PUD to'the xx est ~ Jill the Ang i lcri PL! D to the east. i i! Z o< ~ 0 (.D 0 ;z~ 2 ? 20~ ESTATES ZONING - VACANT I..IVINOSTON ~ LANE 8'TH AVE. S.W. PER PLAT {80' RIGHT-OF-WAY) 8 .--I :~I z c~ cz m PINE RIDGE ROAO ONfT1AL 100' RIOH'T-OF--WAY~ o o PROPOSED COMMERCIAL PUD VACANT SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject sile is currentIv undeveloped and zoned Estates. Surrounding: North: East: South: West: Livingston Road Right-of-way and single falnily dwellings zoned E states. The Angileri PUD that is currently under construction. Pine Ridge Road and the developed Sutherland PUD allowing restaurants. gas station and motel. The Gate;~av PUD that allows for highw'ay commercial retail uses. GROWTH MANAGEMENT PLAN CONSISTENCY: This PUD has been distributed to the appropriate.jurisdictional review entities specifically' for review' of the PUD for consistency with tile current Grox~th Management Plan aud land development regulations. Future Land Use Element: The subject PUD is designated Urban (Urban - Mixed Use District, Interchange Activitx Center Sub-district) ou the Future Land Use Map of the Growth Management Plan. Interchange Activitx: Center ff10 permits commercial land uses that serve regional markets. provided each such use is compatible with existing and approved land uses. No induslrial uses are permitted ill this Interchauge Activity Center. This designation will also allow residential deusity up to 16 units per acre. Based on staff review of the approved land uses on the a~jacent and nearbv properlies. the proposed commercial uses are consistent with the Growth Management Plan. Traffic Circulation Element: Transportation Planning staff has reviewed the applicant's Traffic lmpacl Statement {.TIS) and has tile following comment. The proposed rezone will generate approximately 1.282 Weekdax trips at buildout in 2002. Based on the analysis iu the TIS. the site-generated trips will not exceed the significance test standard (5 percent of the LOS design volume) on of Pine Ridge Road (C.R. 896) fronting the project. The current traffic count tbr tile segment of C.R. 896 t¥onting the project is 39,580 and is operating at LOS "F". However, this s~gment is currently being impfoxed to 6-lanes and is scheduled to be completed by late 2001..At that time the LOS will be returned to acceptable levels. Therefore, this petition is consistent x~ ith all the applicable policies of the Growlh Managemeut Plan. Applicable Elements: Staff review indicates that this petition has been designed to account for all the necessarx= relationships dictated by the GMP. Mitigation measures and stipulations have. been dex eloped to ensure consistency with the GMP during the permitting process. Development permiued by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Land Development Code, Adequate Public Facilities. at the earliest or the next to occur of a final local development order. Therefore. this petition is consistent with fi~e goals and policies of the GMP. Staff has concluded that no level of service standards will be adverseIx affected b5 this PUD fezone petition. 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 serx ice relationships are to be achieved by stipulations and/or development commitments made a part of the appl'ox al ~fthis clex elopment order. EVALUATION OF ENVIRONMENTAL, TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a revi.ew by the Community Development Environmental and Engineering staff, and the Transportation Services Division. The Environmental Review Staff has recommended approval of this petition as submitted. Due to the sinall size of the site that contains no wetlands, no Environmental Impact Statement (ELS) was required to be submitted. As a result, this petition was not required to go to the Environmental Advisory Council (EAC) meeting. The Transportation Services has also recommended approval subject to an east/west road that interconnects with the adjacent PUD projects. They are also recommending that Whippoorwill Lane be extended northward along the eastern property line and connecting with Livingston Woods Lane. This road extension will allox~. residents within the kivineston Woods Subdivision to access these commercial properties x~ithout hayinc to use Pine Ridge Road. It should be noted that the previously approved projects x~.ilhin this quadrant were specifically' prohibited bv the Board of County Commissioners from providing access to Livingston Woods Lane. However, due to the traffic congestion problems along Pine Ridge Road, this road extension is intended to improve traffic circulation in this area. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a flavorable 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, culminatifig in a staff recommendation based on that overview. The listed criteria are specifically no¢ed in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the 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. The review of each of the criterion is followed by a summary conclusion cuhninaling in a determination of compliance, non-compliance. or compliance with mitigation. These exaluations 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 act.ion by appointed and elected decision-makers. The evaluation by professional staff should typical13 include an analysis of the petition's relationship to the 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 assessmen! of adequacy of transportation infi'astructure, other infrastructure, and compatibility with adjacent land uses, a consideration usuall~ dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for: future land uses. This evaluation includes an analysis of past zoning actions in the prQiect area (See Exhibit "A" and Exhibit "B"). Notwithstanding the above, staff in reviewing the detcrminants for adequate findings to support a rezoning action advise as follows: Relationship to Existinu Land Uses - In regards to compatibility, it should be noted that the a4iacent project to the x~es~ (the 13-acre Naples Gateway PUD) has been approved with similar cmnmel'cial uses tidal includes an existing motel and an undeveloped motorcycle store. This PUD ~413(, alloxx's For ~estauranls. banks and general retail uses. To the east of the subject site is the Angileri PUD, which is accessed by the northern extension of Whippoorwill Lane. This pr.oject was approved for a "Race Trac" gas station that is currently under construction and other retail uses. There are two other parcels to the east that have been rezoned to PUD and allox)ing silnilar commercial uses. To the north is LMngston Woods Lane and a vacant single family lot zoned "Estates". To improve compatibility with the residential neighborhood to the north, all the commercial PUD projects in this quadrant are required to provide an enhanced landscape buffer along with an 8-foot high masons' wall. In addition, the northern 80 feet of the site is designated only as open space m~d water management areas while tile more intensive commercial uses are located in the tract adjacent to Pine Ridge Road. The intent is to keep all structures as far south on the site as possible and keep intensive retail uses away from the residential areas. Lastly, this project also provides a 90-foot setback from Livingston Woods Lane. It should be noted that there are three other quadrants of this Interchange Activity Center that have also been approved and/or developed with commercial uses that are similar to the proposed uses in this PUD. In the southwest quadrant of this Interchange Activity Center is the Sutherland PUD that has been developed with a Chevron station. a restaurant, Shell station. Burger King, Waffle House. a motel and a 4-story Best Western Hotel. The nndeveloped Pine View PUD, Pine Ridge Center PUD allows for office and commercial uses while the Pine Ridge Center West PUD has also been approved with similar commercial retail uses. Relationship to Future 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 (FLUE) of the Growth Management Plan (GMP). The property is located within the Interchange Activity Center #10 as depicted on the Future Land Lise Map. Since this district permits commercial and residenlial uses (.up to 16 units per acre). the proposed commercial PUD is consistent with the GMP. These uses are also compatible with the adjacent commercial uses. Given the urban influence impacting this area. the proposed fezone to allow a commercial development similar to those uses approved in this Interchange Actix'it> Cenler are consistent with requirements of the FLUE to the GMP. Utilit) Infrastructure - ~k'ater and sewer service is available to this site. Traffic Circulation and Impact - Staff has identified tile fact that the proposed prqiect will not haxe a significant impact on Pine Ridge Road by virtue of the fact that vehicular site generated trips resulting from the rezone petition will not lower the level of service below adopted standards. The project entrance from the extension of Whippoorwill Lane has the required turn lanes and is in alignmenl wifi~ tile road to the south. Illis intersection of Pine Ridge Road and Whippoorxvill Lane will allow traffic to access the existing traffic signal. An east/west cross access easement has been provided for the PUD projects in the northwest quadrant to direct traffic to the traffic signal. The intent is 1o improve tile traffic flow relationship between this prqject and the other commercial projects. STAFF RECOMMENDATION: Stall' recommends that the Collier CotInly Plmming Commission forward Petition PUD-00-6 to the Board of Cotmix Comlnissioners x~ ith a recommendation for approval. 4 PREPARED BY] / x7'~ 1 ,j' RAY i~ELLOWS. PRINCIPAL PLANNER ~U~, ENT PLANNING SECTION ~fD~AIfD-Fi ~I~X'~C~. AICP. MANAGER CURRE. NT PLANNING SECTION ROBERT J. MULHERE, AICP. DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: JOtdN M. DUNNUCK. 11I, INTERIM ADMINISTRATOR COMML .~ITY DEV. AND ENVIRONMENTAL. SVCS. /-/?.o/ DATE 1, v"t. DATE DATE Staff Report ~'o1' the February 1,2001. CCPC meeting. FINDINGS FOR PUD PUD-00-6 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 ~pe and pattern of development proposed in relation to physical characteristics of the !and, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area along Pine Ridge Road (CR-896). (ii) Development of land that is located on an arterial road, is xvithin Activity Center #10, and is adjacent to commercial uses is particularly suitable for commercial uses. (iii) The pattern of development of surrounding properties is similar to the type of development proposed. Con: (i) Adjacent and nearby neighborhoods often perceive a commercial facilities as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution. and reducing property values. (ii) Pine Ridge Road fi-om east if CR-31 is currently operating at LOS "F". However, it is cun'ently under construction to be improved to 6-lanes. 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 xvill be developed and be consistent with County regulations. 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 be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Exhibit "A" 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 within this project. 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. Finding: The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow commercial uses consistent with the approved PUD projects to the east and west. These commercial uses are also consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Mixed Use Activity Center on the FLUE. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD bas been designed to provide similar uses and development standards as the approved Gateway PUD to the west. Con: None. 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 harnmnious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Findingi The amount 'of open space set aside by this project is consistent with the provisions of the Land Development Code. lhe timing or sequence of development for the purpose of assuring the available improvements and facilities, both public and private. 2 Pro/Con: Evaluation not applicable. Summarv Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to provide commercial zoning that is adjacent to a commercial zoned PUD projects on both the east and west sides. In addition, this project will not adversely impact any adopted level of sen, ice standard. Con: None. Summary Findine: 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 timeIv. becausb supporting infrastructure is available. o Conformit)' with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Findine: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUT) depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUT) are similar to those standards. ~-* FINDINGS FOR PUD-00-6/RVB rb REZONE FINDINGS PETITION PUD-00-06 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 bas studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject property is located within Activity Center #10 as depicted on the Future Land Use Element (FLUE) of the Growth Management Plan. 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 FLUE of the GMP. The uses permitted within this PUD are also consistent with the adjacent PUD to the north. Th~ proposed commercial uses are consistent with the uses allowed within Activity Centers. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff report. ) Summarx, Findings: To the east and west are approved commercial PUD projects while to the south are existing and proposed commercial uses. To the north is Livingston Woods Lane and a single family subdivision. o The possible creation of an isolated district unrelated to adjacent and nearby districts; · Pro: The subject site is of sufficient size and is located within an Activity Center. In addition, the site is adjacent to existing commercial PUD projects. Con: None. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land -t~ses by virtue of its consiste~.cv with the FLUE. ~ ............ Exhibit "B" ~ '2 7 200I 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: The properties to the east and west are zoned PUD and they contain similar commercial uses. In addition, the boundaries are logically drawn by virtue that the subject PUD provides an extension of the commercial retail land. V~'hether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved commercial land uses to the and because of the subject PUD's relationship to the GMP is a positive one. Con: None. Summary Findings: Consistent with the FLUE and Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the north of the project. (ii) Improved traffic circulation will result from intersection improvements, right-of-way dedication for the improvement of Pine Ridge Road, and the east/west access road within the subject projecL Con: The commercial area could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findings: The proposed PUD will not adversely influence living conditions in the nearby 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 the a~iacent residential area. -8. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and 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 the Transportation Element. (ii) The property fronts directly on C.R. 896 a public road thereby providing access to the arterial road network over which traffic from this commercial development will draw and defuse traffic. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan.. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summary Findinl~s: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation 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 fezone actions are subject to the Concurrency Management System. 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 properly over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may 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 Ibr drainage relationships and design and construction plans are required to meet Cour~tv standards as a condition of approval. ~-'"-~:_f,~,,,'i~ ..~ FEB 2 7 3 10. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUrl) development conforms to the approved commercial zoning on the adjacent property to the east and west. In addition, the maximum height is (35-Feet) for all structures as provided for in the PUT). This standard is also the same as the maximum height permitted within the adjacent commercial PUD projects. The overall development standards are compatible xvith the standards listed for the similar commercial districts in the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findines: 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. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Con: None. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of t~tctors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findinfts: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterfence to improvement of adjacent pr_?p~.rt. y. 12. 13. 14. 15. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, which are public policy statements supporting Zoning actions when they are consistent with said plans. 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summarx' 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 Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the CounD~; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property' in size and scale. Con: Existing neighbors within the Estates subdivision to the north may feel that the proposed change is out of scale with the neighborhood. Summarx' Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. Whether is it impossible to find other adequate sites in the Count)' for the proposed · use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Finding: 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 som~nt the timing of the action and all of the above criteria. ~ ~,,~%.j.~_~ ] 16. The physical characteristics of the property. and the degree of site alteration which would be required to make the propert3' usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property' is undeveloped. Presently' exotic vegetation has invaded the site, however the enviro~m~ental impacts are minimal due to the small size of the site and the lack of wetlands.. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summarx' Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier Count)' Growth Management Plan and as defined and implemented through the Collier CounD' Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Fin'dings: multi-disciplined teams responsible for jurisdictional elements of the GMP'have reviewed this petition and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FiNDIN{iS f'1 bellows_r From: Sent: To: Subject: mulhere b Tuesday, Januaw 30, 2001 3:1 § PM nino r; bellows r FW:~:~agge PU~) ..... Original Message ..... From: Feder_N ~ent: Tuesday, January 30, 2001 2:55 PM To: olliff_t; mcnees_m; dunnuck_j C¢: wolfe_d; riley_m; mulhere_b ~,lbject: Ragge PUD I have spoken to Commissioner Henning and now with MR and Mrs Falls regarding the recommendation Dawn and I have raised that the developer connect Whipperwill north of Pine Ridge to Livingston Woods Lane as a continuing effort to develop a grid. It goes without saying that neither the developer nor the property owners want the connection. The developer does not want to loose the land a road would require and the property owners want their roads only for their traffic. It should be noted that the property owners were assured that the commercial from Pine Ridge would be walled off from their development by the prior board some years ago(I'm told). To do my job, I noted that I at least have to identify the lost opportunity for a collector/interconnected system if we do not require the connection. The Falls appeared to appreciate my position, but are going to get to the Commissioners and their 'neighbors to try and stop the connection. Again, to not connect isto structure essentially a gated community with access only to Livingston Road (bordered on east by Interstate and on south by a wall north of Pine Ridge and no access from the gated communities to the north).Not only a gated community without the gates,but with the County providing for the operations and maintenance of their roads(worse than Foxfire,but probably less obvious). Realize that raising this will/has caused concern, but it is not going to be easy to say no it is a public roadway system paid for by the public who have a right to the alternative route. I'll talk to Commissioners and have offered to talk to other property owners or to meet with them. Page 1 COLLIER COUNTY APPLICATION FOR PUD REZONE PETITION NO. COOPd)INATING PLANNER: DATE RECEIVED Applicant Name (Agent'): William L. Hoover. AICP. of Hoover Planning & Dev., Inc. Address: 3785 Airport Road N. # B, Naples, FL 34105 Phone: 403-8899 Fax: 403-9009 Property Owner (Petitioner) Name and Address: Ronald W. Ragge, Natalie E. Jones, Cheu4 L. Ragge, and Claire_Ragge c/o Ronald W. Ragge , 3609 Rainey River Road, Las Vegas. Nevada 89108 Phone: 702-645-7317 Detailed Legal Description of Subject Property: Sections_7 Township 49S Ranee 26E Tract 60 less the east 30 feet of the southern 275 feet and the southern 15 feet purchased for road right-of-wa3/, Golden Gate Estates Unit No. 35, according to plat in Plat Book 7. ap_gg_e_ 85 of the Public Records of Collier County. Florida. Property Identification #: 38453960002 Size of Property: 330 Feet x 630.6 Feet = 4.50± A. cres (irregularb-shaped). General Location of Subject Property: The northx~est comer of the intersection between Pine Ridge Road and Whippoorwill Lane. -~4iacent Zorfing and Land 17se: ZONING N - RO~,\' & Estates S - R~O~,' & A_gric.~ Sutherland PUD E - ,__~giteri PUD W - GatexYav PUD Existing Zoning: E states. L.&ND USE I,ivin~ston Road ROW & Vacant to North & NW. S/F Home to NE. Pine Ridge Road ROW & Vacant to SW. - Chevron Station to SE. Vacant but Racetrac Station is Erosposed for construction. Vacant but a_p~ro'c. ed for highxYa¥Z conm~ercial land uses. Proposed Land Use or Range of Uses: PUD with Permitted Uses of typical highway i)o?<: Pr,)i,,'~i50v, nc~ {~wn co~tiuuous property to the subject properi): If_?2~.give con',.pict~' ~cgal dose| iption of the entire contigucms propert3: NOTARIZED LETTER OF AUTHORIZATION RE: PUD Rezoning Petition for Tract 60, Golden Gate Estates Unit 35, Located at the Northwest Corner of Pine Ridge Road and Whippoorwill Road, Collier County, Florida To Whom It May Concern: Please be advised that Hoover Planning & Development, Inc., 3785 Airport Road N., Suite B, Naples, Florida 34105, and Keene Engineering, Inc., 1199 First Ave. South, Naples, Florida 34102 have been engaged by the property owner(s) shown below to act as authorized agents and to request necessary applications during the PUD Rezoning process for the subject project. Sincerely, Property Owner STATE OF COUNTY The fo,regoing instrument was · o Ily hers na known (did not) take an oath. Notat-y Pubti~: ' ' Printed Name My Commission Expires: acknowledged before me this/-t_..~ day of by ~ '.. ~ ....I~ ....i i~:'- who is to me or has produced ~. ,. ,., ~..,,as identification and who did SEAL Mar- 10-00 12:08t' RECEIVED SERVICES NOTARIZED LETTER OF AUTHORIZATION RE PdD Rezoning Petition for Tract 60, Golden Gate Estates Unit 35, Located at the Northwest Corner of Pine Ridge Roao and Whippoorwill Road, Collier County, FtoriCa To W~,orr. it May Concern Please be advised that Hoover Planning & Development, Inc., 3785 Airport Road N., Suite B, Naples. Floricla 34105 ant Keene Engineering, Inc. 1199 First Ave. South, N3;ie$ Florida 34102 have ~een engaged by the Oroperty owner(s) shown below to act as authorized agents and to request necessary applications during the PUD Rezomng process for !he sLbjec~ project, Slncereiy, O~opert~' Owner 'the_ ~rego!n§ instrument was ack1~. w!edged .~efo~t,') m.~.,~is/ ~ day of sers~na',ly ~kngw¢ ~. to me or ~-- has produced SEA,.. r -' ?" 200! Ma~-10-00 12:08P P.02 NOTARIZED LETTER OF AUTHORIZATION RE PUD Rezomng Peririch for Tract 60. Goiden Gate Estates Unit 35, Locateel at the Northwest Corr~er of Pine Ridge Road and Whippoorwill Roacl. Collier County. F~oricla To Whom It May Concern Please I~e advise<: that Hoover P!anning & Development, Inc., 3785 Airport Road N., Suite B, Naples, Fioricla 34105 an0 Keene Engineering, Inc., 1199 First Ave. South, Naples F~orida ?,4102 have been engaged by the property owner(s) shown be!ow to act as authorized agents and to request recessar¥ a~plications clu;ing the POD Rezoning c. rocess ;or the subject project. Sincerely. ProDert~ Owner T..he_ ..foreg,o;~g mstrt. ment .~as ackn~ow,e~gecl 9e~'o_re me. tn,s/~ day of persenatl~' fl known tc . [~'\~ [/,___~___V~L_V._.,___L_.~_...-rr~e or has -produced as ioenbfication aqct who did (did qot) take an oath SEAL I FE3 2 7 anm ~ ,00 )00. O0 con~, sias I AR 2 2 2000 ............ , LURI. INE S. BO~EIN, an miremarried w~,1o~, I,,.~,.,.,d... ,,,lh,,t d,,,...,t.. .,RONALD N. R~C(;E and N~TM.IE F. RACGI;, :~s joint tenants ,~ith Jul] rights of survivors~ip~ ~s to a~ undivided 70; interest; CHERYL L. ~GGE as ;o an undivided ~0~ interest; ~ CLAIR~ ~CCE as to an undivided ~0~ ~nterest; a11 as tenants in common~ ,,,~,,,.,, t.,.~ll .......t,h ......648 - 102ndAvenue North, Naples. Florida, ~940 /,,..,,,,,,~.,~ ,,,tl~,l d,,, .,,,,,..,. '~itn~dh:-n,,,, ,~ ............ ~ ........~ ...........~ .............~,~ ...........~, ~. o, ....,,.,,~ ,,,~,~. TRACT 60, GOLDEN dATE ~STA]'ES, UNIT NO. accordin~ to plat in Plat Book 7, page ilS, Public Records o£ Coil;or County, F1ori'da. GRANTOR HEREIN warrants that the above property i~ not now, nor has it ever been her homestead property and she in fact resides at 10021 Gulf Shore Drive, Naples, Florida. Haut and to [),.,.ml.,r 31 IO 7~, easements, restrictions and reservations of record. LURLINE S. BONEIN, an unremarr[cd widow, ; Io..~,,,qs ,,,.,,,.,.,. ,,,,~ she.,,i,,,,wl.,Iq~l u..,,,..,.... she March x ~ .7R. Fc~l'.LAI ) N RY [~URt,~C . ' /~ _.7. ~i/ · Ric'hnrd ST. 'cow~'l , t~ con junction wJth ?he i.;s..',r~c'~' ~f t i~ ~c, A C~Y~ A ITF,~ 2 7 20', ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE01; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RAGGE PUD FOR A MIXTURE OF COMMERCIAL AND OFFICE USES ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION BETWEEN PINE RIDGE ROAD (C.R. 896) AND WHIPPORWILL LANE IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.78 ACRES; AND BY PROVIDING AN EFFECTFv'E DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning & D.evelopment, Inc., representing Ronald W. Ragge, Natalie E. Jones, Chewl L. Ragge, and Claire Ragge, 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, that: SECTION ONE: The zoning classification of the herein described real property located in Section 7, To~mship 49 South, Range 26 East, Collier County, Florida, is changed f~om "E" Estates to "PUD" Planned Unit Development in accordance with the Ragge PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered GGE01, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- County, Florida, this PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: games D. Carter, Ph. D , CHAIRMAN Approved as to Form and Legal Sufficiency Marj orie~vl. Student Assistant County Attorney G,admin 'PU D*2000-06/RB,sm 2001 RAGGE PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: RONALD W. RAGGE, NATALIE E. JONES, CHERYL L. RAGGE, AND CLAIRE RAGGE clo RONALD W. RAGGE 3609 RAINEY RIVER ROAD LAS VEGAS, NEVADA 89108 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" March 20, 2000 December 15, 2000 TABLE OF CONTENTS ·.T~BLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTIONI PROPERTY OWNERSHIP AND DESCRIPTION SECTIONIIPROJECT DEVELOPMENT REQUIREMENTS SECTIONIIICOMMERCIAL AREAS PLAN SECTIONIVDEVELOPMENT COMMITMENTS PAGE i ii 1 2 4 6 13 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN EXHIBIT B CONCEPTUAL WATER MANAGEMENT/UTILITY PLAN EXHIBIT C SKETCH OF REAR WALL ii STATEMENT OF COMPLIANCE The development of approximately 4.50 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Ragge PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Ragge PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Interstate Activity Center Land 'Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. The subject property is located at the northwest corner of the intersection between Pine Ridge Road and Whippoorwill Lane. This strategic location allows the site superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the Development's intensity of land uses as required in Objective 2 of the Future Land Use Element. The Project will have a shared access, with the adjacent tract to the east, and their only access onto Pine Ridge Road is a designated access point with an existing traffic signal on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 1.2 1.3 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Ragge PUD. LEGAL DESCRIPTION The subject property being 4.50 acres, and located in Section 7, Township 49 South, and Range 26 East, is described as: Tract 60 less the east 30 feet of the southern 275 feet and the southern 15 feet purchased for road right-of-way, Golden Gate Estates Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. PROPERTY OWNERSHIP 1.4 1.5 The subject property is owned by: Ronald W. Ragge and Natalie E. Jones (formerly Natalie E. Ragge) own an undivided 70% interest, Cheryl L. Ragge owns an undivided 20%, and Claire Ragge owns an undivided 10% interest, c/o Ronald W. Ragge, 3609 Rainey River Road, Las Vegas, Nevada 89108. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located at the northwest corner of the intersection between Pine Ridge Road and Whippoorwill Lane (unincorporated Collier County), Florida. The property is currently vacant. The entire Project site currently. has Estates Zoning and is p[oposed to be rezoned to PUD. PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3-day 2 1.6 1.7 duration and 25-year return frequency as well as water quality in accordance with the Rules of South-Florida Water Management District. Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS PROJECT DESCRIPTION The Ragge PUD will include a mixture of commercial and office uses. The Ragge PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. SHORT TITLE This Ordinance shall be known and cited as the "Ragge Planned Unit Development Ordinance." 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL Regulations for development of the Ragge PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effec.t at the date of adoption of this PUD. C~ All conditions imposed and graphic material presented depicting restrictions for the development of the Ragge PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance 'applicable to this Development. 4 2.3 2.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is iljustrated graphically by Exhibit "A," PUD Master Plan. Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. !~ addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. 2.5 The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time improvements regarding any dedications, and the providing perpetual maintenance of common facilities. of infrastructural methodology for AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Developmen~ Code. 5 3.1 3.2 3.3 PURPOSE SECTION III COMMERCIAL AREAS PLAN The purpose of this Section is to identify specific development standards for Areas "A," "B," and "C" of the site as shown on Exhibit "A," PUD Master Plan. GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, and office uses. The 4.78-acre site is located at the northwest corner of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. Area "B" Permitted Principal Uses and Structures: 2. 3. 4. o Apparel and Accessory stores (groups 5611 - 5699). Depository and Non-Depository Institutions (groups 6021-6099). Eating Places (group 5812, sit-down restaurants only).:" Food Stores (groups 5411 groceries and supermarkets only, 5421, 5431 except roadside sales - 5499). General Merchandise Stores (groups 5311 - 5399). Health Services (groups 8011 - 8049, 8082). 6 Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 8. Hotels and Motels (group 7011). 9. insurance Agents, Brokers, and Services (group 6411). 10. Legal Services (group 8111). 11. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5993 (Tobacco Stores), 5994 (Newsstands), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales)). 12. Paint, Wallpaper, Hardware, and Lawn & Garden Supply Stores '(groups 5231 except glass stores, 5251, 5261). 13. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7215, 7217, 7219- 7261 except crematories, 7291). 14. Real Estate Agents and Managers (group 6531). 15. Travel Agencies (group 4724). 16. Video Tape Rental (group 7841). 17. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 1.8. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Area "C" Permitted Principal Uses and Structures: All Permitted Principal Uses for Area "B" as described within this PUD Document. Auto Rental Services and Car Washes (groups 7514, 7542 only for automobiles and trucks/buses of 1 ton or less capacity). 7 3.4 Auto Supply Stores (group 5531) and new and used motorcycle sales and service of related merchandise (groups 5571, 7699 motorcycle repair facility only). Eating Places (group 5812). Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813, only in conjunction with Eating Places) 3. Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yards Along Pine Ridge Road - Twenty-five (25) feet. ? (b) Front Yards Along Livingston Woods Lane - Eighty (80) (2) feet. (c) Side Yards - Ten (10) feet, unless attached. Accessory Structures: Setbacks shall be as required by Division 2.6.2 Development Code in effect at time of building permit 8 of the Land FE3 2 7 200i Do however, all accessory structures shall be set back a minimum of eighty (80i feet from Livingston Woods Lane. Distance Between and Number of Principal Structures: Twenty (20) feet unless attached. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. Maximum Heiqht: Three (3) stories or thirty-five (35) feet.) Motorcycle Sales and Repair Facility Re.q. uirements: (1) Services related to motorcycle repair shall only be provided within a fully enclosed, air-conditioned building. (2) Motorcycle repair services shall only be provided between the hours of 8:00 A.M. to 6:00 P.M. during any day of the week. (3) Customers or other facility users shall not utilize streets or lots within the subdivision to the north (Livingston Wood Estates) for the purposes of "test riding" motorcycles. (4) All buildings for these facilities shall be located at least 300 feet away from the Livingston Road right-of-way. (5) Repair service doors shall not face the north. Off-Street Parkinq and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space Requirements: A minimum of thirty (30) percent open space of the gross area'for the entire PUD, excluding the thirty (30) foot wide R.O.W. easement within 9 Livingston Woods Lane, shall be devoted to open space, as described in Section 2.2.20.3.5 of the Land Development Code. (1) Area "A" of the PUD Master Plan shall contain a minimum of .57 acre of open space. (2) Area "B" of the PUD Master shall contain a minimum of .44 acre of open space. (3) Area "C" of the PUD Master Plan shall contain a minimum of ~34 acre of open space. Bufferinq Requirements: (1) A twenty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A ten (10) foot wide'Type "A" Buffer shall be provided along the eastern/western PUD boundaries, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code, except in Area "C" along the eastern property boundary abutting the ingress-egress ROW, where a ten (10) foot wide Type "D" Buffer shall be provided. (3) A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane, with more stringent screening than required in Section 2.4.7:4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on- center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on .the northern side of an eight (8) foot tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme with the other buildings and signage within the PUD as described in Section 4.8B. of this PUD document, shall be similar in nature. to Exhibit "C" Rear Wall Sketch, and be installed and maintained with a finished side out towards Livingston Wood Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, between.the wall and the northern boundary of Area "B", there shall be planted at least fifteen (15) 10 Red Maples trees, or similar species, that are at least eight (8) feet tall. (4) Buffering between Area "B" and Area "C" of the PUD, shall be a five (5) foot wide buffer along both sides of the paved roadway, with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (5) Buffering between other internal parcels within Area "B" or Area of the PUD, shall be a shared ten (10) foot wide buffer with five (5) feet of this buffer along each parcel to be developed, and with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (6) Buffering between Area "B" and Area "A" shall not be required. (7) Required landscaping shall be maintained, and where it dies, such landscaping shall be replaced within ninety (90) days. Si.qns Signs shall be permitted as described in Section 2.5.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5.5.2.5.1 shall not be permitted. Ground signs, as described in Section 2.5.5.2.5.1, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. Solid Waste Trash recep{acles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. Li~htin.q Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted within Area "C" 11 ; and not exceeding a height of twelve (12) feet shall be permitted within Area "B". Lighting shall meet the architectural standards further described in section 4.8B. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto residential properties. SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to follow the PUD Master Plan and. the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by the commitments within this Agreement. PUD MASTER PLAN Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 13 4.4 SCHEDULE Of DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in one or two phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorin,q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING 4.6 Except as otherwise provided within this PUD Document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. UTILITIES 4.7 Water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. This project shall be serviced with a central sewer system. TRAFFIC A. The internal roadway design shall prohibit traffic from the commercial zone onto Livingston Wood Lane. B. Petitioner shall provide an access easement to the abutting parcel to the west, prior to any Final Site Development Plan approval within the Ragge PUD. 14 4.8 The petitioner shall be responsible for identifying and confirming the routing and capacity of storm water drainage outfall. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and' aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 15 LN1NI~--I-ON IO~D5 I_N~£ ~ AVE. S.W. PER PLAT (60' RIGlIT-OF-WAY) ""-- , S.a~4~'50'F... *~'~'~' i' -r1 Z C~ 2~ r· · ........~ .....~ [1~~~ ~ PROPOSED COMMERCt~ PUD $ ; c ~ ~ o o ~ ~ ~ ~ _ , ESTATES ZONING - VACANT LIVINGSTON WOODS LANE 8TH AVE. S.W. PER PLAT (60' RIGHT-OF-WAY) . t~- ................. ~- ........... 3> ~ ~ ~ RAGGE PUD { CONCEPTUAL WATER MANAGEMEN': '- i & tl'l'li.l'rY PLAN EXECUTIVE SUMMARY AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 92-102, CREATING THE COLLIER COUNTY PUBLIC GUARDIANSHIP PROGRAM, TO CONFORM TO FLORIDA STATUTES; BY PROVIDING FOR PLACEMENT OF THE PROGRAM UNDER THE STATEWIDE PUBLIC GUARDIANSHIP OFFICE, APPOINTMENTS TO THE OFFICE, REDEFINING POWERS, PREPARATION OF THE BUDGET, PROCEDURES AND RULES, COSTS, NECESSARY REPORTS, ACCESS TO RECORDS AND SURETY BOND. OBJECTIVE: There have been numerous changes in the state statute that provides for the creation of the local public guardianship office. These amendments reflect those changes and bring the Collier County Ordinance into conformity with the state statute. CONSIDERATION: Ordinance No.92-102, as amended, was adopted by the Collier County Commission to provide for a public guardianship office. This ordinance was amended on April 22, 1997 in Ordinance No. 97-18. Since that amendment. state law has changed and has, among other provisions, placed the office under the auspices of the Office of Statewide Public Guardianship. The amendments incorporate the relevant changes and provide for increased funding mechanisms. Section 46-2(F) of the County Code of Laws and Ordinances C'Code") states the program shall be funded by imposing a fee of four dollars ($4.00) for each civil action filed in the County, excluding small claims cases. The County then budgets matching funds from the County General Revenue Account. each year. in an amount equal to the filing fees collected. Our Code provisions however have been superseded by the statutory scheme of Section 744.701 et seq., Florida Statutes. The Chief Administrative Judge of the Twentieth Judicial Circuit may no longer make all appointments to the Office of Public Guardian by Administrative Order. He also no longer has the authority to appoint the public guardian for the County, nor is the appointment of the public guardian to be made after the receipt and consideration of recommendations from the local Circuit Judges. The Statewide Public Guardianship Office now has the oversight responsibilities. Oversight of all public guardians was transferred from the Circuit Court to the Statewide Public Guardianship Office. The existing filing fee of up to $10.00 may now be increased under the State Statute to $15.00. The Circuit Court may also impose an additional fee 'as a service fee. This additional service fee may be used solely to fund the office of the public guardian. This would permit the County to provide several times more than the current level of funding. A decision needs to be made regarding the amount of any increase in fees. Section 46.2 of the Code is hereby amended to conform to the statutory provisions. As part of any amendment, the fees should be increased to meet the financial needs of providing for incapacitated persons who benefit from the program. The Collier County Bar Association supports increased public and/or private funding for this program. (See attached Resolution). !' hC"El'~r0tk i~"'~A' NO,/6~ FEB 2 7 2001 FISCAL IMPACT: Total FY 01 projected expenses in the Public Guardianship Fund (192) amount to $106,215. This is $45.315 above the current fund appropriation of $60.900. The proposed revision to the ordinance includes an increase in filing fees from $4 to $15. Sources of the additional $45.315 include the following: increased filing fees $33,176, decreased interest earnings ($129), revenue reserves $1,000 and an additional transfer from General Fund (001) Revenue Reserves $11,268. GROWTH MANAGEMENT: This is purely a budgetary item and is not inconsistent with the County's Growth Management 'Plan. RECOMMENDATION: That the Board of County Commissioners approve the amendment of Ordinance 92-102. Prepared by: e~/ne Hubbard Robinson ant County Attorney Date: ¢'c'~4.~.,3 15'-, 0,.oo{ Reviewed and Approved by: Mark Middlebrook Court Administrator Reviewed and Approved by: "Wamiro Manalicl~ · Chief Assistant County Attome}' Date: -~ Date: 2 AGEND6 I'iT. IVI NO. /'~",' FEB 2 7 2001 RESOLUTION A RESOLUTION OF THE COLLIER COUNTY BAR ASSOCIATION SUPPORTING PUBLIC GUARDIANSHIP FUNDING WHEREAS, the Collier County Bar Association (CCBA) recognizes the need for providing guardianship services to the indigent and incapacitated persons of Collier County; and WHEREAS. the number of public guardianship cases continues to increase; and WHEREAS, the CCBA has been informed that the current public guardianship program funding is not sufficient to meet the increasing number of cases. NOW, THEREEORE, BE IT RESOLVED BY THE CCBA, that: CCBA supports increased public and private funding for the Collier County Public Guardianship program. This Resol-ution adopted this ·majonty vote favoring same. __day of 2001 after motion. second and COLLIER COUNTY BAR ASSOCIATION By: Kevin C.o/leman, President 3301 Tamiami Trail 1-~ast · Building I. · Naples. Florida 34112 (941) --+8138 · Fax (941) Elect AGENDA ITF. M NO. FEB 2 7 2001 Pg .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 2001 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92- 102 WHICH CREATED THE COLLIER COUNTY PUBLIC GUARDIANSHIP PROGRAM; PROViDiNG FOR AMENDMENT TO SECTION THREE, PLACING PROGRAM UNDER AUSPICES OF STATEWIDE PUBLIC GUARDiANSHiP OFFICE: SECTIONS FOUR AND FIVE, PROVIDING FOR APPOINTMENTS TO THE OFFICE; SECTION SIX, INCREASING THE AMOUNT OF FUNDING FOR THE OFFICE, ADDING NEW SECTIONS SIX, DUTIES AND POWERS; SECTION SEVEN, PREPARATION OF THE BUDGET; SECTION EIGHT, PROCEDURES AND RULES~ SECTION NINE, COSTS OF PLJBLtC GUARDIAN: SECTION TEN, NECESSARY REPORTS; SECTION ELEVEN, ACCESS TO RECORDS; SECTION TWELVE, SURETY BOND; AND PROVIDING FOR AN EFFECTIVE DATE. 20 WHEREAS, on December 22, 1992, the Board of County Commissioners 21 adopted County Ordinance No. 92-102 creating the Collier County Public 22 Guardianship Program; and 23 WHEREAS, on April 22, 1997, the Board of County Commissioners adopted 24 Ordinance No. 97-18 amending certain sections of this ordinance; and 25 WHEREAS, the Board of County Commissioners desires to amend this 26 Ordinance to bring Jt into conformity with Florida Statutes Section 744.701 27 through Section 744.709 and to increase filing and service fees to fund the 28 public guardian. 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 30 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 31 SECTION ONE. Authority. 32 This ordinance is created pursuant to the provisions of Section 28.241, 33 Florida Statutes, wherein the County is authorized .to impose by ordinance, a fee 34 of up to $15.00 for each civil action filed for payment of the costs associated 35 with public guardianships. Further, this section is enaoted to incorporate the 36 provisions of Chapter 744, Part IX, Florida Statutes. 37 38 AGENDA I FEB 2 7 2001 1 SECTION TWO. Purpose And Intent. 2 If shall be the purpose of this ordinance to establish a Collier County office 3 of public guardian for the purpose of providing guardianship services for 4 incapacitated persons when no private guardian is available for those persons- 5 whose needs cannot be met through le~s drastic means of intervention and to 6 create a Collier County Public Guardianship Program. 7 SECTION THREE. Collier County Public Guardianship Program. 8 The Coltier County Public Guardianship Program is hereby amended to 9 place it under the authority, supervision and oversight of the Statewide Public 10 Guardianship Office within the Florida Department of Elderly Affairs. I 1 SECTION FOUI~. Appointments To The Collier County Public 12 Guardianship Program. 13 (1) The executive director of the Statewide Public Guardianship Office, ! 4 after consultation with the chief iudge and other circuit judges within the judicial t,5 c?rcuit and with appropriate advocacy groups and individuals and 16 organizations who are knowledgeable about the needs of incapacitated 17 persons shall creale a list of persons best qualified to serve as the public 18 guardian, and such qualifications shall include review pursuant to Section 19 744.3135, Florida Statutes. The public guardian must have knowledge of the 20 iegal process and knowledge of social services available to meet the needs to 21 incapacilated persons. A nonprofit corporation under Section 744.309151 may 22 be appointed public guardian only if: 23 (a) It has been granted tax-exempt status from the United States 24 Internal Revenue Service; and 25 (b) It maintains a staff of professionally qualified individuals to carry out 26 the guardianship functions, including a staff attorney who has experience in 27 probate areas and another person who has a master's degree in social work, or 28 a gerontoJogist, psychologist, registered nurse, or nurse practitioner. 29 (2) The executive director shall appoint or contract with a public guardian 30 from the list of candidates described in subsection (1) 2 FEB 2 7 2001 '1 2 3 4 $ 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 meet the qualifications for a guardian as prescribed in Section 744.309(1)(a), Florida Statutes. Upon appointment of the public guardian, the executive director shall notify the chief judge of the judicial circuit and the Chief Justice of the Supreme Court of Florida, in writing, of the appointment. (3) If the needs of the county or circuit do not require a full-time public guardian, a part-time public guardian may be appointed at reduced compensation, (4) A public guardian, whether full-time or part-time, may not hold any position that would create a conflict of interest. (5) The public guardian is to be appointed for a term of 4 years, after which her or his appointment must be reviewed by the executive director, and may be reappointed for a term of up to 4 years. The executive director may suspend a public guardian with or without the request of the chief judge. if a public guardian is suspended, the executive director shall appoint an acting public guardian as soon as possible to serve until such time as a permanent replacement is selected. A public guardian may be removed from office during the term of office only by the executive director who must consult with the chief judge prior to saia removal. Arecommendation of removal made by the chief judge must be considered by the executive director. (6) Public guardians who have been previously appointed by a chief judge prior to the effective date of this act pursuant to this section may continue in their positions until the expiration of their term pursuant to their agreement. However, oversight of all public guardians shall be transferred to the State~ide Public Guardianship Office. The executive director of the Statewide Public Guardianship Office shall be responsible for all future appointments of public guardians pursuant to Chapter 744, Florida Statutes. SECTION FIVE. Duties And Responsibilities Of The Collier County Public Guardian. The duties and responsibilities of the Collier County Public Guardian shall include, but shall not be limited to: A~-~r-N.~ ]TE~ NO. ,/'~- ~ FEB 2 7 2001 3 P~. .. 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 (1) Identifying the recipients of the services for public guardianship; Reviewing eligibility of recipients and determining if the recipients are eligible for the public guardianship program; (3) Procuring necessary services; Preparing and administering the budget for |he public guardianship program under the direct supervision of the executive director of the Statewide Public guardianship Office. (5) Receiving references and referrals regarding recipients for services' of the public guardianship program through the Court system; (61 Compiling all data for the Collier County Public Guardianship Program as required by Chapter 744.708 Florida $t~tutes, and providing all required data to the Office of the ,Statewide Public Guardianship Office. All placements of service recipients under the Collier County Public Guardianship Program shall be by court order. ,SECTION SIX. Duties and Powers of the Collier County Public Guardian (1) The public guardian shall be vested with all the powers and duties of a guardian under Chapter 744, Florida Statutes, except as otherwise provided by law. (2) If the public guardian finds that the assets or the income of the ward exceeds the amounts set forth in paragraph (1)(b) of Chapter 744, FIoriaa Statutes, the public guardian shall submit a resignation and petition the court for appointment of a successor guardian. The public guardian shall not .be dismissed until such time that a private guardian is appointed. If a qualified successor guardian is not available, the public guardian may remain as guardian, provided the guardian makes reasonable efforts to find a successor and reports fo the court every 6 months on efforts to obtain a successor. (3) The public guardian shall be authorized to employ sufficient staff to carry out the duties of his or her office. AGENDA I,T.~EJ~4' FEB 2 7 2001 4 P~. '~ 1 J4) The public guardian may delegate Io assistants and other members 2 of his or her staff the powers and duties of ~he office of public guardian, except 3 as otherwise limited by law. The public guardian shall retain ultimate 4 responsibility for the discharge of his or her duties and responsibilities. 5 (5) The public guardian, when appointed guardian of an 6 incapacitated person, shall seek a family member or friend, other person, bank, 7 or corporation who Js qualified and willing to serve as guardian. Upon 8 determining that there is someone qualified and willing to serve as guardian, 9 either the public guardian or the qualified person shall petition the court for 10 appointment of a successor guardian. 11 (6) A public guardian shall not commit a ward to a mental health 12 treatment facility, as defined in Section 394.455(3) Florida Statutes, without an 13 involuntary placement proceeding as provided by law. 14 (7/ When a person is appointed successor public guardian, he or she 15 immediately succeeds to all rights, duties, responsibilities, and powers of the 16 preceding public guardian. 17 (8) When the position of public guardian is vacant, subordinate 18 personnel employed under subsection (4) above, shall continue to act as if the 19 position of public guardian were filled. 20 SECTION SEVEN. Preparation Of Budget. 21 Each pubtic guardian, whether funded in whole or in part by money 22 raised through local efforts, grantsl or any other source or whether funded in 23 whole or in part by the state, shall prepare a budget for the operation of-the 24 office of public guardian to be submitted to the Statewide Public Guardianship 25 Office. The office of public guardian shall be operated within the limitations of 26 the General Appropriations Act and any other funds appropriated by the 27 Legislature, subject to the provisions of Chapter 216, Florida Statutes. However, 28 this section shah not preclude from the financing of any operations of the office 5 AGENDA 11~--'"--"" No. FEB 2 7 2001 1 of the public guardian by moneys raised through local effort or through the 2 efforts of the Statewide Public Guardianship Office. 3 SECTION EIGHT. Procedures And Itules. 4 The public guardian, subject to the oversight of the Statewide Public 5 Guardianship Office, is authorized to: 6 11) Formulate and aaopt necessary procedures to assure the efficient 7 conduct of the offairs of the ward and general administration of the office and 8 staff. 9 (21 Contract for services necessary to discharge the duties of the office. 10 (31 Accept the services of volunteer persons or organizations and I 1 provJae reimbursement for proper and necessary expenses. 12 SECTION NINE. Costs Of Public Guardian. 13 I1) All costs of. administration, including filing fees, shall be paid from 14 the budget of the office of public guardian. No costs of administration, t5 including filing fees, shalt be recovered from the assets or the income of the 16 ward, except as provided by law. 17 (2) In any proceeding for appointment of a public guardian, or in any 18 proceeding for appointment of a pubitc guardian, or in any proceeding 19 involving the estate of a ward for whom a public guardian has been appointed 20 guardian, the court may waive any court costs or filing fees. 21 SECTION TEN. Reports And Standards. 22 (1/ The public guardian shall keep and maintain proper financial, case 23 control, and statistical records on all matters in which the public guardian serves 24 as guardian. 25 (2) No report or discJosure of the ward's personal and medical records 26 shaJl be made, except as authorized by Jaw. 27 (3) A public guardian shall file an ann'ual report on the operations of 28 the office of public guardian, in writing, by September for the preceding fiscal AGENDAs,ITEM NO. _, FEB 2 7 2001 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 ~,7 18 19 20 21 22 23 24 25 26 27 28 29 year with the Statewide Public Guardianship Office which shall have responsibility for supervision of the operations of the office of public guardian. (4) Within 6 months of his or her appointment as guardian of a ward, the public guardian shall submit to the clerk of the court for placement in the ward's guardianship file and to the executive director of the Statewide Public Guardianship Office a report on his or her efforts to locate a family member or friend, other person, bank, or corporation to act as guardian of the ward and a report on the ward's potential to be restored to capacity. (5) An independent audit by a qualified certified public accountant shall be performed at least every 2 years. The audit should include an investigation into the practices of the office for managing the person ana property of the wards. A copy of the report shall be submitted to the Statewide Public Guardianship Office. In addition, the office of public guardian shall be subject to audits by the Auditor General pursuan! to Section 11.45 Florida Statutes. (6) The public guardian shall ensure that each ward is seen by a professional staff person at least four times a year. (7) The ratio for professional daft to wards shall be 1 professional to 40 wards. The Statewide Public Guardianship Office may increase or decrease the ratio after consultation with the local public guardian and the chief judge. of the circuit court. The basis of the decision to increase or decrease the prescribed ratio shall be reported in the annual report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court. (8) The term "professional," for purposes of this part, shall not include the public guardian nor the executive director of' the Statewide Public Guardianship Office. The term "professional" shall be limited to those persons who exercise direct supervision of individual wards under the direction of the public guardian. --A-G-£NpA _~E_I~ , - NO._ ," .~,~.~_ j,. FEB 2 7 2001 7 1 SECTION ELEVEN. Access To Records By Statewide Public 2 Guardianship Office; Confidentiality. 3 Notwithstanding any other provision of law to the contrary, any medical, financial, or mental health records held by an agency, or the court and its 5 agencies, which are necessary to evaluate the public guardianship system, to' 6 assess the need for additional pubtic guardianship, or to develop required 7 reports, shali be provided to the ,Statewide Public Guardianship Office upon that 8 office's request. Any confidential or exempt information provided to the Statewide Public Guardianship Office shall continue to be held confidential or exempt as otherwise provided by law. All records held by the Statewide Public 11 Guardianship Office relating to the medical, financial, or mental health of 12 vulnerable citizens who are elderly persons or disabled adults as defined in Chapter 415, persons witln a developmental disability as defined in Chapter 393, !4 or persons with a mental illness as defined in Chapter 394, shall be confidential and exempt from Section 119.071',j and Section 24(a), Art. I of the State Constitution. 17 SECTION TWELVE. Surety Bond. 18 Upon taking office, a public guardian shall file a band with surety as 19 prescribed in Section 45.011, Fiatida Statutes, to be approved by the clerk. The 20 bond shatl be payable to the Governor and the Governor's successors in office, 21 in the penal sum of not less than ,$5,000 nor more than $25,000, conditioned on 22 the faitinful performance of all duties by the guardian. The amount of the bond 23 shah be fixed by the majority of the judges within the judicial circuit. In form the 24 bond shall be joint and several. The bond shall be purchased from the tuind.s.of 25 the local office of public guardian. 26 SECTION THIRTEEN. Funding For The Collier County Public Guardianship 27 Program. 28 The Collier County Public Guardianship Program shall be funded by 29 imposing a fee of Fifteen Dollars I,$15.00) to be assessed for each civil action filed in Coltier County, excluding small claims cases. In the event funding from the State of Florida or other alternative funding sources are insufficient to meet 8 FEB 2 ? 2001 1 the needs of Collier County residents who qualify for the services of the Public 2 Guardian, the balance of funding needed shall be allocated from the County 3 General fund each fiscat year. 4 A trust fund to be known as lhe "Collier County Public Guardianship 5 Program Trust Fund" shall be established. Said fund shall be administered by the 6 Judge designated by the Chief Administrative Judge and shall be used to pay 7 for services rendered for providing public guardianship services for only Collier 8 County cases. The Clerk of Courts of Collier County, Florida, may collect an 9 additional service charge on each civil case filed, as permitted by law, 10 excluding small claims cases, in Collier County, Florida. Said additional service l l charge shall be deposited in the Collier County Public Guardianship Program 12 Trust Fund. All unexpended funds in the Collier County Public Guardianship 13 Program Trust Fund at the end of each fiscal year shall be carried forward in the 14 Collier County Public Guardianship Program Trust Fund Io the next successive 15 fiscal year and expended exclusively for the public guardianship program as set 16 forth in this ordinance. 1 7 SECTION FOURTEEN. Conflict And Severability. 18 In the event this Ordinance conflicts with any other ordinance of Collier 19 County or other applicable law, the more restrictive shall apply. If any phrase or 20 portion of the ordinance is held invalid or unconstitutional by any court of 21 competent jurisdiction, such portion shall be deemed a separate, distinct an~t 22 independent provision and such holding shall not affect the validity of the 23 remaining portion. ' ' 24 SECTION FIFTEEN. Effective Date. 25 This Ordinance shall become effective upon filing with the Department of 26 State. 27 SECTION SIXTEEN. Inclusion In The Code Of Laws And Ordinances. 28 The provisions of this Ordinance shall become and be made a part of the 29 Code of Laws and Ordinances of Collier County, Florida. 9 The section s.~...,,._~ AGEND~,_ITE~_ FEB 2 7 2001 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 Ordinance may be renumbered or relettered to accomplish such, and the work "ordinance" may be changed to "section", "article", or any other appropriate word. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Appr0vea as to form and Legal sufficiency: By: JAMES D. CARTER, PH.D., CHAIRMAN Jacqueline Hubbard-Robinson Assistant County Attorney 10 AGEND.~ ITE~ ,o.. FEB 2 ? 20111 pg. EXECUTIVE SUMMARY V-2000-32, STANLEY WHITTEMORE, REPRESENTING FERDINAND AND CATHERINE FOUNTAIN, REQUESTING A S-FOOT VARIANCE FROM THE REQUIRED 30-FOOT REAR YARD SETBACK TO 25 FEET FOR PROPERTY LOCATED AT 355 KINGS WAY, FURTHER DESCRIBED AS LOT 8, BLOCK G, FOXFIRE UNIT 3, IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interests are maintained in single family development. CONSIDERATIONS: There is no land-related hardship related to this variance request. The petitioner has not previously requested a variance for this parcel. The petitioner wishes to construct an addition to an existing single-family house. The house currently has a screened patio 30 feet from the rear property line. The petitioner wishes to convert the screen room to a "Florida" room and extend it 5 feet into the rear setback. A "Florida" room must meet the 30-foot rear yard setback, unless a variance is granted. The encroachment is adjacent to a water management lake, not directly abutting another home. There is also a 20-foot lake maintenance easement in addition to the proposed 25-foot rear yard setback. The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. The Collier County Planning Commission heard this petition at its February 1, 2001 meeting. Stating that the encroachment would be adjacent to a stormwater management lake, the CCPC voted 6 to 1 to forward petition V-2000-32 to the BZA with a recommendation of approval. (Commissioner Rautio voted against the motion, stating that it would set a precedent in the neighborhood.) A letter of no objection from the Foxfire Community Association was received. AGENDA iTEM NO. 2001 FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. RECOMMENDATION: The encroachment is ameliorated by a water management lake. However, there is no land-related hardship. Therefore, Planning Services staff is constrained from recommending approval and recommends that the BZA deny petition V-00-32. 2 AGENDA ITEM No. FEB 2 7 2001 PREPARED BY: F~~ISCHL, AICP PRINCIPAL PLANNER !~IEWED BY: lq 9NALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE i~OBI~RT J. MULHERE, AIC~'--P PLANNING SERVICES DIRECTOR DATE APPROVED BY: JO~ M. DUNNUCK, III DATE IN/ERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-32 3 FEB 2 7 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 16, 2000 SUBJECT: PETITION V-2000-32 AGENT/APPLICANT: OWNER: AGENT: Ferdinand & Catherine Fountain 355 Kings Way Naples~ FL 34104 Stanley Whittemore 452 Fox Den Circle Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 5-foot variance from the required 30-foot rear yard setback to 25 fee~. to allow a proposed addition to be constructed on a single-family lot. GEOGRAPHIC LOCATION: The subject property is located at 355 Kings Way, also described as Lot 8, Block G, Foxfire 1 ~nit 3. ~c~: ~A rrF.~ FEB ;7 2001 F~._/7~ .. l ;I PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct an addition to an existing single-family house. The house currently has a screened patio 30 feet from the rear property line. The petitioner wishes to convert the screen room to a "Florida" room and extend it 5 feet into the rear setback. A "Florida" room must meet the 30-foot rear yard setback, unless a variance is granted. SURROUNDING LAND USE AND ZONING: Subject: Single family home; zoned PUD Surrounding: North - East - South - West - Single family home; zoned PUD Stormwater Management Lake Single family home; zoned PUD Kings Way 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 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 single-family house and patio exist on the parcel. 2 - AGEI~A ITEM FEB 2 7 2001 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 applicant wishes to construct an addition to an existing house. Ce Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship, since a single-family house exists on the lot. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The existing house is a reasonable use of the land. However, the requested variance will be the minimum required to construct an addition, 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 rear yard than that which would be permitted for a similar lot in the Foxfire PUD. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. 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. 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 encroachment is adjacent to a water management lake, not directly abutting another home. FEB 2 7 2001 Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Management Plan. Growth EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: The encroachment is ameliorated by a water management lake. However, there is no land-related hardship. Therefore, Planning Services staff is constrained from recommending approval and recommends that the CCPC forward Petition V-2000-32 to the BZA with a recommendation for denial. 4 FEB 2 ? 2001 Pg. PREP~D BY: FRE~SCHL, AICP PRINCIPAL PLANNER EWED BY: RONALD F.-NINO~-AICP CURRENT PLANNING MANAGER /-/G. o/ DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR !' /2-°7 DATE APPROVED BY: JOI-~ M. DUNNUCK 1II INTERIM COMMUNITY DEVELOPMENT ADMINISTRATOR DATE ENVIRONMENTAL SERVICES Petition Number: V-2000-32 g Commission: 5 FEB 2 ? 2001 VARIANCE PETITION ~ v Petition No. (VARIANCE, 4.OM SETBACK (S) REQLrlRED FOR A PARTICULA.Rri o o- Date Petition Receive.............~ -Y~ Planner Assigned: Commission District: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Telephone: Agent's Name: Agent's Ad~ess: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 ITEM FEB 2 7 2001 Application for Variance Petition - 8/98 Page I of J Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: ,.~25 ,~,~,~? fJt~a~c~.~tZ~e__~ ,}~-c><: Mailing Address ,~ 23 n~'_,,3 , .Z~' ~_/.a. at..~ City 2Vt'0~ ~ State ~'~2 Zip ~dt9~,' Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip Mailing Address ]t9c.~) ,J~.oYt6,~ ~/t~gY City ]~],':)fg~:-~ State.~./.O Zip ,..,~J~ Name of Civic Association: /I~.I~£,~-J/7",.,.,.~CT'z,v?~E ,~,,','~ Mailing Address 2a3'a ~'~,r /-~7 City f~t~,o~x~- State PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: ,,~ "~ar'~gt~/)n.!r~ Unit ,,~ Lot (s) ~ Block (s) C~- Section (~..} /t, Twp. 4"'D~ Range~PropertyI.D.#~3~7/,OO>~ Metes & Bounds Description: Application for Variance Petition - 8/98 Page 2 o AGENDA ITEM FEB 2 7 2001 ,$ // Address of Subject Propt.: (If different ~om Petitioner's address) Current Zoning and Land use of Subject Parcel: POD I Adjacent Zoning & Land Use: s POD Minimum Yard Requirements for Subject Property: Front: t~ ~ Comer Lot: Yes [] Side: ,ot--~'- ' Waterfront Lot: Yes [] · Re~': $0 AGFJ',~ A ITF..JG FEB 2 ? 2001 Application for Variance Petition - 8/98 Page 3 of 8 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 f~ont setback fi'om 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. AC~J~DA ITEM FEB ? 7 2001 Ps. Application for Variance Petition - 8/98 Page 4 of I 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 i/fi~-ning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages ff necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 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 interprelation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or s~xucturc and which promote standards of health, safety or welfare. !.x' ~d'C/:/-/',~ 1--z=-W Application for Variance Petition - 8/98 Page 5 of: FEB 2 7 2001 o 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. 6. 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 detrimental to the public welfare. 7. ~e ~ere ~1 condifiom or physically ~duced condifio~ ~at ~eliorate ~e goals ~d objectives of ~e regulation such as na~al prese~es, l~es, golf come, etc. 8. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 o A~C~",~A ITEM ' FEB 2 7 2001 V.4RIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! , REQUIREMENTS # oF 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. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for1 reference 7. Application fee and Data Conversion 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 t~at 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 of this petition. "' .....A-p~ant/Ag;r~(§igr~ature Date Application for Variance Petition - 8/98 Page 7 of FEB 2 ? 2001 !VEY $K£TCI-I OF BOUNDARY $URVZY .FOR CONSTRUCTION FOR DESIGN. NDT£, SUbJECt rM' 3~ rlN~S VA Y NAPL L'£ LUt ~ ~ SM ~/8'I Drr$£r I ;A]., DESCRIPTION ::, 8, ~LOCK ~ FOXF/RE~ UNIT ,~ ACCORDING 70 PLAt THERED/' 45 RECDR~'D IN PLAT ~ 13, .'$ IOl THROU~ iO3 INCLU21V~ [7t' TH[ PUELIC IP~S ~f' COLLIER COUNTY, FLLR!fiA "- {0' ACCESSARY $~L +, LOt · ~ N I£RL INE'~ KIM;$ G~AY S BL - j O' 55' (P) I I NOS'4S'I$'E. 54.9~' ¢H) 53' ¢P) NO ID NOTE, S£TB~K LINES (SBL) S'HOVN VERE PROVIDED BY DAVID V, A1 COLLIER CDUNT¥ PL~HIH6 I)EPT, Exhibit 7 i~ ~ GRAPHIC SCALE 7 200I /~' b being first duly sworn, dep~ose and say that we/I am/a~'e-the owners of the property described herein and which is the .:'ubject matter of the proposed hearing; that all the answers to the questions in this appbcation, 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 WedI understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize as our/my representative in any matters regarding this Petition. to act ~ture of Vrope~-ty O~ne~'- - Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of owner The,~,egoing instrument was acknowledged before me this / '~ day of ~, "t:~ac'~, ~ O--q)6, o~ ¢,ue- '~. F'o, ,r,~ ; i~ q~/i-6~s personallE known to me~or has produced as identification. State of Florida County of Collier Application for Variance Petition - 8/98 Florida) ' (Print, Type, or ~tamp Commlssio~J~7~ ~ \ 27 I I FEB 2001 No, ~ 847277 I Page 8 18 /~ AGE. I~ A IT E.~4 FEB 2 7 2001 00-32 FEB 2 ? 2001 ~ I~ \ FEB 2 7 2001 Ps. ~'/ FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY 1030 KINGS WAY NAPLES, FLORIDA 34104 (941) 643-3139 FAX (941) 643-6282 October 18, 2000 Collier County Community Development Planning Services Current Planning 2800 N Horseshoe Drive Naples FL 34104 To Whom It May Concern: Please be it known that the application for variance for the single family home at 355 Kings Way in the Foxfire Community in no way violates our regulations. There are other residences in this area that have already received a variance in order to permanently enclose the rear lanai screened area. If there are any questions, please feel free to call me at 643-1321. With best regards, Thomas Hutchinson, Chairman Architectural Review Committee /eg AGFJ'~ A ITE. N¢ FEB 2 ? 2001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER V~2000- 32, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter t 25, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a 5-foot variance from the required 30-foot rear yard setback of 30 feet to 25 feet as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2000-32 filed by Stanley Whinemore, representing Ferdinand and Catherine Fountain with respect to the property hereinafter described as: Lot 8, Block G, Foxfire, Unit 3 as recorded in Plat Book 13, Pages 101-103, of the Official Records of Collier County, Florida, be and the same hereby is approved for a 5-foot variance from the required 30-foot rear yard setback of 30 feet to 25 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. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. -:1.- FEB 2 ? 2001 BE IT RESOLVED that this Resolution relating to Petition Number V-2000-32 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ~, 2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marj ori~l~l. Student Assistant County Attorney G:N-2000-32/FRJcw JAMES D. CARTER, Ph.D,, CHAIRMAN -2- AGE~A tTF_J~ FEB 2 7 2001 !VEY SKETCH oF BOUNDARY SURVEY FOR CONSTRUCTION FOR DESIGN NOTE, $UJJECT PRE~E~I*Y I$ ON C£N~'RAL VAI'ER 3§~ riN~S IVAPL £1 grr.~£ r ]AL DESCRIPTION. ' o, ~LOCK ~ rox£1~'C unit PLAt rl~l?Eor 4S RECOR~'D IN P!.Ar BOOK ;ES 10J rl~'OUfH 102, INCLU21V/'. OF' THE PU~IC 'OR,~f' 0t' £OLLi£R £ouNry, t'LgR!114. $.05'48'15'V, 55' ¢P) lO' UE RE $1DO~ C £NTRY 4. FRONT i PRDVIDr'D BY DAVID ~,/, AT COLLIER CDUNTY PLANNING D~PT. Exhibit O ? I~ ~O GRAPHIC SCALr. FLOOD ZONE ~ x 1.~006 7-041~ FEB 2 6-3-86 -~"C","O", & "X" ARE NOT 7 2001 EXECUTIVE SUMMARY PETITION CU-2000-18, KENNETH B. CUYLER, ESQ. REPRESENTING SUNVAC CORPORATION, M&H STABLES, REQUESTING A CONDITIONAL USE FOR HORSEBACK RIDING LESSONS AND HORSE RENTALACTIVITY ON A PARCEL OF LAND ZONED "A" AGRICULTURAL FOR A PROPERTY LOCATED ON THE SOUTH SIDE OF NEWMAN DRIVE 1.5 MILES EAST OF COLLIER BOULEVARD AND ONE MILE SOUTH OF INTERSTATE 1-75, THIS SITE CONSISTS OF 10+ ACRES. OBJECTIVE: ::. To have the Board of Zoning Appeals consider an application for a Conditional Use permitting horseback riding lessons and home rental activity in the "A" Agricultural zoning district while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting Conditional Use "20" of the "A" Agricultural zoning district for a sports and recreational camp to allow for homeback riding lessons and home rentals. The site contains a stable engaged in the business of horse boarding, breeding and training. The property is adjacent to a State Park (Picayune Strand State Forest). The park contains 22 miles of home trails. One of the trails begins at the property line of the subject property. Therefore, there is a demand for rental homes in the area. This conditional use is intended to allow the M&H Stables to rent horses to the park visitors, and also to allow them to teach the horseback riding to interested people. The existing access to this stable is through Newman Road, which is a privately owned and maintained road. The ITE Trip Generation manual indicates that this site will generate 35 to 50 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County Road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). It is important to note that the 35 to 50 trips a day is for the entire stable. Staff's estimate is that around 10 percent of the trips will be for the uses requested under this conditional use petition. FISCAL IMPACT: The site is already developed with a home stable. This additional activity will not require any improvement to the existing facilities; therefore, the approval of this petition is not anticipated to have any fiscal impact at this time. 1 FEB 2 7 2001 GROWTH MANAGEMENT IMPACT: The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP, and is within the Natural Resource Protection Area Overlay (NRPA). The Agricultural/Rural designation is subject to the 6/22/99 Final Order from the Governor and Cabinet. The Agricultural/Rural designation permits agricultural uses including stabling. The Final Order does not prohibit agricultural uses. The NRPA Overlay allows agriculture and directly related uses; and, the Final Order provides that agriculture and directly related uses are allowed within a NRPA. Therefore, staff concludes that the proposed horseback riding lessons and horse rental are consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ISSUES:. This petition was reviewed by the Environmental Staff of Current Planning Section. Their review comments did not indicate any environmental issues. Furthermore, since there were no environmental concerns with this site, this project did qualify for exemption from the EAC review. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Pr. obability Map. Therefore, a Historical/Archaeological Survey and Assessment was required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2000-18 and by a vote of 7-1 recommended that the Board of Zoning appeals approve this petition. The single negative vote was cast because a planning commissioner had some reservation with the access to the site. Several people spoke against this petition at the CCPC hearing. STAFF RECOMMENDATION: Staff recommendation to the CCPC was to forward this petition to the-Board of Zoning Appeals with a recommendation for a conditional approval subject to all stipulations listed in Exhibit "D" of the Resolution of Approval. 2 AGENDA ITEM NO. FEB 2 ? ;[001 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE -'VIEWED BY: )NAL[~'I~.~INO, AICP, MANAGER CURRENT PLANNING SECTION ROI~RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE DATE APPROVED BY: JOH~-M. DUNNUCK, III, INTERIM ADMINISTRATOR DATE COIVIMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 3 AO-~A I T F.,.M FEB 2 7 2001 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: January, 4, 2001 RE: PETITION NO: CU-2000-18 OWNER/AGENT: owner: SunVac Corporation, M&H Stables Andreas Kertscher 100% ownership 2740 Newman Drive Naples, FL. 34114 Agent:: Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail, North, Suite 300 Naples, FL. 34103 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for horseback riding lessons and horse rental activity on a parcel of land zoned "A" Agricultural. GEOGRAPHIC LOCATION: The subject property is located on Newman Drive, approximately 1.5 miles east of Collier Boulevard and one mile south of Interstate 1-75, in Section 12, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 10 + acres (The owner of this site also owns two 5 acre tracts adjacent to this property). PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "20" of the "A" Agricultural zoning district for a sports and recreational camp to allow for horseback riding lessons and horse rentals. The site contains a stable engaged in the business of horse boarding, breeding and training. The property is adjacent to a State Park (Picayune Strand State Forest). The AGF._NDA ITEJ~ -1- FEB 2 7 2001 park contains 22 miles of horse trails. One of the trails begins at the property line of the subject property. Therefore, there is a demand for rental horses in the area. This conditional use is intended to allow the M&H Stables to rent horses to the park visitors, and also to allow them to teach the horseback riding to interested people. The existing access to this stable is through Newman Road, which is a privately owned and maintained road. SURROUNDING LAND USE AND ZONING: Existing: -Horse stable, zoned "A" Agricultural. Surrounding: North - Vacant, zoned "A" Agricultural. East - State Park. South - Vacant, zoned "A" Agricultural. West - Vacant, zoned "A" Agricultural. GROVVTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP, and is within the Natural Resource Protection Area Overlay (NRPA). The Agricultural/Rural designation is subject to the 6/22/99 Final Order from the Governor and Cabinet. The Agricultural/Rural designation permits agricultural uses including stabling. The Final Order does not prohibit agricultural uses. The NRPA Overlay allows agriculture and directly related uses; and, the Final Order provides that agriculture and directly related uses are allowed within a NRPA. Based on the above analysis, staff concludes that the proposed horseback riding lessons and horse rental are consistent with the Future Land Use Element of the Growth Management Plan. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: The ITE Trip Generation manual indicates that this site will generate 35 to 50 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County Road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). 2 FEB 2 7 2001 Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation Element: Most of the property (well over 60%) is devoted to open space, therefore, this project is consistent with the Conservation Element of the GMP. STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Coc~e thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "A". Horseback riding lessons and horse rentals are permitted conditional uses within the Agricultural District. The subject property is designated Rural Agricultural on the Future Land Use of the GMP. Con: N/A. Summary Conclusion (Findings): The use in question is a permitted conditional use within the Rural Agricultural zoning district. NRPA does allow stabling, breeding and boarding of horses. Rental of horses and horseback riding training are permitted conditional uses within this district. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: The access to the site will be provided via Newman Road, which is a private road, which intersects, with Benfield Road, which is also a private road. Benfield road intersects with Beck Avenue, which is a public road. 3 AGEt,~,D A ITEM FEB 2 ? 2001 Con: N/A. Summary Conclusion (Findings): Adequate ingress and egress to the site is to be provided via a private road. The applicant has already paved Benfield and Newman Road and the applicant has' the legal rights to access his property via these ROW easements. The effect the conditional use would have on neighboring relation to noise, glare, economic or odor effects: properties in 1) Neighboring properties are mostly undeveloped. The proposed additional activities should have minimal impact on neighboring prolSerties at the present time because existing housing in this area is sparse. Con: These additional activities will increase the automobile traffic in the area, which will generate some noise. Summary conclusion (Findings): The proposed activity will increase the traffic in the area, which will generate some noise. This activity is not anticipated to generate any glare or additional odor. Compatibility with adjacent properties and other property in the district. Pro: This property is surrounded on three sides by agriculturally zoned vacant properties. On the remaining side this property is adjacent to a State park, which advertises this stable as a place where people can rent a horee and visit the park. Con: N/A. Summary Conclusion (Findings): The site in question is surrounded on all sides by mostly undeveloped land. It is unlikely that development will result in a substantial number of new homes within the area under private ownership. STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition for to the BCC for a conditional approval subject to all staff stipulations. -4- FE~ 2 7 2001 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE VIEWED BY: "FJOI~/~LE -'V'N~O, AICP, MANAGER CURRENT PLANING SERVICES DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JOH . DUNNUCK III, INTERIM ADMINISTRATOR DATE COMMJUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-2000-18 Staff Report for January 18, 2001 CCPC meeting. " NOTE: This Petition has been tentatively scheduled for the February 27, 2001 BCC meeting. COLLIER COUNtION: -5- A~A ITFJ~i FEB 2 7 2001 RI~SOLUTION NO. 01- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "20" OF THE "A" ZONING DISTRiCT FOR SPORTS INSTRUCTIONAL SCHOOLS AND COMMERCIAL RENTING OF HORSES AND TRAIL RIDES, PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and . enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "20" of the "A" zoning district of Section 2.2.2.3 in an "A" Zone for sports and recreational camps for training and commercial renting of horses and trail rides on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collie[ County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE. BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Richard D. Yovanovich, of Goodlette, Coleman and Johnson, representing SunVac Coq>oration - SM&H Stables, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "20" of Section 2.2.2.3 of the "A" Zoning District for sports and recreational camps for training and commercial renting of horses and trail rides in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: FFB 2 7 2001 Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: M~u~o(51e~M. Stude'ni, · Assistant County Attoney g/admin/CU-2000-18/RESOLUTION/CB/CW -2- Ar"~A ITf2M FEB 2 7 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-18 The following facts are found: Section 2.2.2.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Dev/elopment Code and Growth Management Plan: Yes ~/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ess Yes /// No__ C. Affects neighboring properties in relation to noise, effects: jNo affect or __ Affect mitigated by __ __ Affect cannot be mitigated glare, economic or odor D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes J-No Based on the above findings, this conditional use should, with stipulations, (copy attache~ot) be recommended for approval ~~ EXHIBIT FEE 2 1 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-18 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood becaxrse of: Consistency with the Land Development Code and Growth Management Plan: Yes /No convenience, traffic flow and control, and .a~es~n case of Adequate ingress & egress /" / ) C. Affects neighboring properti in~ to noise, effects: No affect or '"/Affect mitigated by 6'x45'rtt~.~ __ Affect cannot be mitigated Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and fire or catastrophe: glare, economic or odor D. Compatibility with adjacent properties and otherproperty in the district: Compatible use within ~strict Yes I,~ No Based on the above findings, this conditional use should, with stipulations, (copy attac,..hed '(sh~ould not~ be recommended for approval DATE:(.~ ~ I ~' - ~C(9 g/admin//FINDING OF FACT MEMBER/CH/im FEB 2 ? FINDING OF FACT BY COLLIER COUN'rY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-18 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management Plan: Yes tJ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire orcatastrophe: Adequate ingress & egress Yes if/ No C. Affects neighboring properties in relation to noise, effects: tJ No affect or ~ Affect mitigated by ~ ~ Affect cannot be mitigated glare, economic or odor D. Compatibility with adjacent properties and otherproperty in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use s~, with stipulations, (copy attached) (ot) be recommended for approval g/admin//FINDING OF FACT MEMBER/CH/im ~ 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-18 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because 6f: ho Consistency with the Land Development Code and Growth Management Plan:/N Yes o ~ convenience, traffic flow and control, and access in case of Adequate ingress & egress Yes 6~.//No __ C. Affects neighboring properties in relation to effects: ~No affect or Affect mitigated by ~ Affect cannot be mitigated Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and fire or catastrophe: noise, glare, economic or odor D. Compatibility with adjacent properties and otherproperty in the district: Compatible use within d/istrict ' Yes ~,,/ No ' Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval .. g/admin//FINDING OF FACT MEMBERJCH/im A.~A 1t~4 FE:3 2 ? 2uOl FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-18 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire orcatastrophe: Adequate ingress & egress Yes Y~' No C. Affects neighboring properties in relation to noise, effects: N/ No affect or ~ Affect mitigated by ~ ~ Affect cannot be mitigated glare, economic or odor D. Compatibility with adjacent properties and otherproperty in the district: Compatible use within district '-Yes v' No " Based on the above findings, this conditional us~with stipulations, (copy attached) (should not) be recommended for approval g/admin//FINDING OF FACT MEMBER/CH/im 2 ? 200 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-18 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of:. ? Consistency with the Land Development Code and Growth Management Plan: Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress vj' Yes No C. Affects neighboring properties in relation to noise, effects: ~J No affect or ~ Affect mitigated by ~ ~ Affect cannot be mitigated glare, economic or odor Compatibility with adjacent properties and other Compatible use within district · Yes ~ No~ property in the district: Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval g/admin//FINDING OF FACT MEMBER/CH/im 200I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-18 The following facts are found: Section 2.2.2.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of:. ? Consistency with the Land Development Code and Growth Management.,Blan>~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire orcatastrophe: Adequate ingress &~ey~~s~' No~ C. Affects neighboring properties in relation to effects: '~ No affect~_~ Affect mitigated by -'-~---~Affect cannot be mitigated noise, glare, economic or odor Compatibility with adjacent properties and other Compatible,<~i~in district No property in the district: Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ApF~.,~7,_ g/admin//FINDING OF FACT MEMBER/CH/im FEB 2 ? 200! FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-18 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: V~No Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ',//No C. Affects neighboring properties in relation to noise, effects: ~No affect or ~ Affect mitigated by __ Affect cannot be mitigated glare, economic or odor Compatibility with adjacent properties and other Compatible use withi~istrict Yes / No property in the district: Based on the above findings, this conditional use should, with stipulations, (copy att;~ be re commendea for approval O ]~( / - g/admin//FINDING OF FACT MEMBER/CHYim FEg 2 ? 2001 LEGAL DESCRIPTION PARCEL "A" COMMENCING at the NorthEast corner oF Section 12, Township 50 Sou±h, Ronge 26 Eo. st; Thence along s,lid Section Line S 87~54'45~ W c distance o~ ~3i6,76 Fee~: Thence continue S 87~54'45" ~ c distance o~' ~47,94 ~eet; to ~he POINT OF BEGINNING oF s~id P0pce[ 'A~ Thence S 00~33'48" W, c distance oF 220,24 Fee%, Thence S 87~54'45' W, ~ distance o? 8i.i7 Feet, Thence S 00~32'30~ W, c distance oF ~33.85 Feet: Thence S 87~5i'i0~ W, ~ distance oF 8i.07 ?eet~ Thence S O0~3~'ll~ ~,-~ distance oF BOO.B4 ?eet~ Thence S 87'5i'10~ W, c distance o? B48.48 Feet, Thence N 00~33'48" E, ~ distance o? 674.68 ?eetj Thence N 87~54'45" E c distance o? 4i0.44 Feet to the POINT DF BEGINNING, the North 30.00' Feet o? scic: 'Dotter being c Drainage, Utitity ond Right-DC-~y Easement. Soid porcet containing 2~i,930 Squ~re Feet or 5.09 Acres! along with: PARCEL "B" CDMNENCING o.t the NorthEast corner oF Section 12, Township 50 South, Range 26 East; Thence orang said section ~ine S'87°54'45~ W, o distance oF ]316,76 Feet, to the POINT OF BEGINNING oF Parcel ":B"; Thence S 00°31'1]" w, a distance oF 673.97 Feet; Thence S 87°51'10' W, o distance oF 410,44 Feet; Thence N 00°31'11" E. o distance oF 220,24 Feet,; Thence N 87°51']0' E, o distance oF 81.07 Feet; Thence N 00°32'30' E, o distance oF 233.85 Feet; Thence N 87°54'45~ E, o distance oF 81.17 Feet; Thence N 00°33'48" E, distance oF 220.~4 Feet; Thence N 87°54'45' E, a distance oF 247.94 Feet to the POINT OF BEGINNING, the North 30.00 Feet oF said parce{ being a Drainage, Utitity and Right-DF-Way Easement. Said po~-e( containin9 221,736 Square Feet or. 5.09 Aches+. EXHIBIT "B" --- FE , 2 7 20 1 ; 2 7 ~001 CONDITIONS OF APPROVAL CU-2000-18 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in its public hearing on January 18, 2001. Planninq Services: The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall r.e. quire the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102), as amended. b. The applicant shall maintain Benfield and Newman Roads. Go The maximum number of horses available for hire shall not exceed ten (10). The applicant shall install appropriate speed control structures and signs along Benfield Drive when requested by the Collier County Transportation Department EXHIBIT "D" , O APPLICATION FOR PLtBLIC HEARING FOR: CO;%:DITIONAL Petilion No. Date Petition Plann~-r Assi~d: ABOVE TO BE CO~!PLETED BY STAFF General Infi~rmation Name of Applicant~sl .%un Vac Corp Applicant's t',laliing .,\ddr~..'~s2r4;; ~Wcxxm:m Dnx'c CiI\ ND,,-,1, ~. .'State ..~, ..... /.:p Applicant's Telephone # ,)41-348-147-1 Namc,H',,\gen! Richard 13 Yoxan~x'~ch I-'im~ [:a.x # (i~{xtlcttc. (_'olcman & .Iohn~m Ag~.'nt's Mailing Address 41)()l 'l'amiaml Frail. N,,nh. Suite 3~)11 C'it: N'aplcs State Fl. Zip 1-1 IQ3 ..X g~.mt' s 'I'clqq~me # 941-4X5-'~535 l:ux~ ')41A;5-121S COLLIER COUNTY CO:~151UNITY DEVELOPblENT PLANNING SER~/ICES/CURRENT PLANNING 2,',100 N. HORSESHOE DRIVE - NAPLES. FL 34104 PHONE (941 ) .I~13-2.100/FAX (9.11 ) 6-13-4~968 Complete the lbllowing tbr all Associationl s'} 'affiliated with this petition. (Provide additional sheets if ncccssan') N;~mc of Homeowner A.~sociation' N/A Mailing Address Git,.' State __ Zip Name of l-Iomcowncr Association: Mailing Addrc.~s N/iX City State Zip.__ 2001 Name of Homeowner Association: Mailing Ad&ess NIA City State Zip Name of Master Association: Mailing Addrc.'ss City State ~ Zip ~ Name of Cbic Association: Mailing -Addro,.'s N/A City Zip , - : Disclosure of Interes! Infi~rmali.n: ;1 If the property is or, ned corm'non. such inter\...'st. (l.j.~ additional she'els if nt.'t:cSSal~ Name and Addr,.~s Percentage of ()v, nersh q~ b. 11' the property is rexned b,,' a C{)RPt)ILVI'II)N. list the ,allice.re.' and sttx:kholdcrs and the percentage of stock c'.:n',.:'J bv ,ca,&. Name. Addr,..':-;s ;red Office Percontact of .brock ~ltk t~O~O~rt'T')'' ' /~l~Dl'~dt?5 gIJ~rgCI4~In~ ~'~;" "~'~ V" 3~.lt~ v,~2C ~c, i2. F c If the property is in the name of a TRtJSTF. I!. list the bcncfician,...-.; of the u'ust with the percentage of lnlk.T¢sl. Name and Addres's N/A Percerltage t)f ]rllt.Tesl d. If\he pr6peny is in the name ofa GEN'ERAI. or I,IMI'IT:D PARTNF_RS;I liP, list the name and/or limited partnors. Name and Addrt..~s t~O$/'a)~;J'J': S. M & It Gcmeral Parmership 275(3 Newman Drive Naph..'s. Florida 34114 Per~ntag,e of ()~.nership Sun Vac Corporation. Parmer M&It Stable· Inc., Partner If there is a CONTIL,\CT FOR PURCIL,\SI_". ~vifi~ an individual or individuals. a Corporation. Trustee. or a Partm.mship. list the names of the contract pumha~'rs beloxv, including the oltict.'rs. stoc[~holdt."rs, beneficiaries. or partners. Name and Addr~..'ss Percentage of Oxvncrship N/A [)ale o1' q.'olltracl I1' ~mv contingtmcy clause or c,}ntrac! tt.'rms involve additional panits. list all individuals or olticcrs. il'a corporation. pannership. or tmsl Name and Addruss N/A Acquired 4/5i96 ,, Date subiect properly acquired iX)l,.:a.sed ~ } Term ,~l'lca.~ tT./lllOh 11~ Pctnioncr has option to buv. indicate date o1' option: N/A and date option terminates: Should any chanm..'s of oxvncrshin or chain,,...-; mn contracts l;.)r purchase subsequent to the date application. but prior It) the dale of the final public hcanng. it is the rc.-,'ponsibility ol'thc applicant. agtmt on his bchi,ll: to submit a supph.'mcntal disclosure ot·intcrcst l;.~nn. Det:~iled legal description of the pr~pertv c~vered by the application: (If space is inadequate. attach sc'parate page.} I1' request tnx'oix't..'s change to more than one zoning district. include sc'paratc iegai description Ibr property involved in each district. Applicant shall submit li~ur 0.:x)mplctcd u'ifi?w, ,',he last six monuSs. maximtam 1" ,'o a00' scatel il'requiro, l to do ~) at the pro-application meeting. NOTE: The applicant is responsible 1iw suppl.~'ing the correct legal description If questions ansc concerning the legal dc.scnption. an cngmccr's cer'lilication or scaled surx'm' may bc required. Section: 12 Town.ship: 51'1 Range: 26 Lot: Block: ,Subdivision: ~]at '-' '" '"- #: . j~,,u~,__ ruae ~ Properr,' J.D #' Metes & Bou.qdz Description: N!~!4 o['N~"4 4. Size ofproper'tv: 657 fl. X 644 fl. = Total Sq. Ft. ±423. lOgAcres :i:10 Acres A~A ITL 2001 Addrcs~/~enerallocation ofsuhject property': 2740 Newman Drive 6. Adiacent zoning and land use Zoning N A .'3 A l! A W A Land Acrcau~z/A ~_,ncultur:H Acrcaec/A,,ncullur:~] Actcat, c/A,.2 ncullt~r:~] 1),~.~ propen5 o~ncr t}~[tl c~nllgu~us pr~l;~.,'r':C. t~ t!:c sul~tc~' pr~[:cny" ll'.~}. g]~'e ct*mplctc lc~:al dcsc~ption of ~.-ntirc contl~uous prop,.rt.x. t lt'..,'pacc is inadequate. attach on .~paratc Sccl~on: Toxvnship: Range: l.t~t' Block: Subdivision: Plat Book~ l~ag~2 #:~ Prt~p~.my 1.1) #: 7. Type 2.2.2.3.19 and of C~ndilion:~l Use: This application is rcqu~..'stmg c~nditional use # 222.3.2{~ ol'th¢- Adistrict tier. {'r'cpl:. ol.' L'sl.'.) Riding2 I~..'ss~ns I;,~r indix'iduzlls. tndme q.:hool cla.ssc, s. horse boardme and the comm~.'rcial r~_mtin~ t)fhorsc'.s fi)r insm~ctional purp,~scs and trail ndc. s. The m;~i,~ntx' ~'}l'thC acti'cittcs hors~' bo:u'din,.2,. brccdin,.2 and tr:~inin,-. btlt the Ct)ndilion;ll I lsc Approval is ncccssar',' liar the relL'r~mccd acti~,,'ities. t~r¢sent Use ol'fi:c l~rol,,t..'ny:As dc.sc:'ibcd abt~x'c. 8. Ev:~lu:~tion Criteri:~: l~rox'idc a narrative .,statement d~.~cribing thi.s rcqucsl ti.~r c~nditit~nal u.~. NOTE: l*ursuant to S~.'ction 2.7.4. of the Collier County I.and Development Code. stall's.; recommendation to the Planning Commission and the Planning Commission's recommendation to the l~,~ard of Y. oning Appeals .shall bc based upon a finding that the granting of the conditional u.sc will not adx'crsclx atllzct the public into'rest and that the ~'pccil~c requirements governing the individual ct~nditional u.~. if any. have b,.xzn met. and that furthc-r. safis~hctor3.' provision and arrang,.wns.-nt have bcx.m made concerning the ti,lloxx'ing matt,'rs. who're applicable. Please prox'ide detailed response to each of the criteri~n listed belovs'. Specit~' ( ..... c .............. pages a:.; may I~e necessary). IrSM~&It (;c. nc'ral Panncrshi~ has or~_'.ratcd a businc.'ss which consists primarily breettine and trainins2. but includc.'s ridint~ lc'~s{~ns Ii.~r individuals. ridin~ scht~l class,,:s and c fEB 2 7 2001 rentinn of horses for trail ridc.'.s. Mr. Kcrt.q:her. President, Sun Vac Corporation. is a resident/operator of the stables and. it)i/ether with other personnel. pcmmallv supc~'i.~s operations on the premi.~s. In conjunction v, ith the County. i( was a~reed thal a Conditional IJ~ should be .~u~ht Ibr the c~mmercial a.,,-pecLs of the stable opo-ation. This petition meets all requiremeres oF the l.and Developmere C~xte C~ .....t,enal Use ,,?p,-r-..~,,~ and ::'i!! not ad:'er.:dy al!kcl tax' hublie i , - ~ ' relating ~o Describe how the project is consistent with the Collier County Land Development Code and Grox~h Management Plan (include inlbrmation on how the reqm..-st is consistent with the applicable section or portions of the future land use element): The Grmvth Manaeemem Plan l.and Use D~..'si~nation Ibr the propcvtx' is aencultural. The propera' is zoned rural auncultural district (A) and the requested use is Conditional Use 2.2.23 l') ~Spons instructional sch~ls and camps and 222320. "Sportinc and recreational camp.s". . . b. Desc,'vibc the existing or plann~ means of rag'tess and cgrc.,.'s to the prop~.,'ny and proposed structure thereon with particular rcl;..'rcncc to automom'c and p~csman sa.t~m' and convenience. traffic Iloxv and control. ,and aco.~s m case of 1irc or catasm~phc: The prop~.m'~' is acccss,.xt via ~ :~sph,lt mad omnccnrlg to Benfield Drive which. in turn. contax:Is It) State Rd ,~a tsce site hx:ation map ~n Site l)cvch~pmcnt Plan This area is ~'parsctv developed and there arc no tralfic conecrus rclalm~ to the above issuc's Dc~nbc the effect the conditional use x~ iii have on ncighhonng prop~.m~cs m rckmon to nolo. glare. economic impacl and ndor: Tins Condmona115sc ix xx ell suited Ibr thts pn~p,.'m and Ibis 12crlcral area oflhe Caunw '~"- :" ~- ....."' ' ,',r, ,,c~,,, ,,,, ,"u prc,pcq-'des xkith regard ~,', nc, i~,e. dare. ,'d,;r ,',r economic impact. Describe the site's and the proposed u.se's compatibility v, ith adjacc'nt propem~ and other propemcs in the district: A slablc and ridira2 scht~l is per~Lx:th' compatible and suitable ,aith this oeneral area and xvhh ~hc adjacent propchics in pamcular The rural a~mcuhural zonin,, dismc~ is specificalh developed lbr a use such a.s this 10. 11. and adjacent nroncm~..':s The ,)~x nor has a x'~.~ mx,d renularson lbr this tx~e of activitx and intend:, to oomph' xv,h all ncccssan' requirements Io mcel Coumv standards Deed Restrictions: The County is legally precluded from cnlbrcing dccd resmotions. hoxxever. man,, communities have adopted such rc.-stnctions. You may wish to c~mtact the civic or propc~.' oxmcrs association in the area tbr xx hich th~s u.~ ix being requested in order to a.sccrtam x~ hother or not the request is allured by existing d~.~.'d r~..~tr/c~ions. Prcv i. us land use petiti.n,~ -n the ,~uhjcc! pt. perry: 'To your kmm ledge. has u public hcanng been held on this props.my xvithin the last year? 11':~). what x~a.s the nature of that hcanng? No previous petitions. Additional Submittal requirements: In addition Io this comptct~M application. the lbllowing must bc submitt~ in order Ibr your application to bc deemed sullicicnt. unlcxs othcm'isc waived dunng the preapplication a. A 03pv "'" ' ': .... ' . O~ mc pre-app ,cation alcxltint! Ilotc~.': b. Elc:',m (! 1 ) c,,pic-: o!' a '~,.r' ... qr," Ctm,',"ranu,] ,<;h- ra :m .. ................ , ........ ~1_. land ,on,: r~.,duccq 8'A" ,' 11" cop5' ot'.~ite plan]. drawn to a maximum scale oF I inch equals 400 Ik'et. depictira2 the lbllov;in- [Additional :x!12i~-~ of lhc .... plan may bc requested upon completion of stall' evaluation t'~or distrihutio~ to the Bo~ d 'is n:b ard.' such as the En m nmcntal Advison' B( aid (EAB}. or CCI C]: * all existing and proposed structures and the dim,,msions thereoff · provisions lbr existing and/or proposed ingres's and egr~.~.'s (including p~e-.:man m~-~s and e~'~s to the site and the slructuro s) on site). · all existing and/or propo.'~..t parking and loading areas [include matrix indicating required and provided parking and loading. including required parking tbr the disabled], - I~x:ations of.mild waste t r¢~se'} containers and service thnction areas. · required yards. open ,,-pace and preserve areas. · proposed locations Ibr utilm~..~ l as well a.,~ location of existira, utilit:,' sel-vic~..'-s tO the site L · proposed and or existing l:md:,c;ipmng and I',ttllk'r'ing as max bc rcqmrcd by the L'ounrx. · Itx:atlon or'all signs and lighting including a narram'e smh.'mcnl a.s to file t.xpc. ch.,aractcr. and dimens~tms (such height. area. etc. }. c. An Environmental Irapat! .%tat~.~mt (EISa. as rcqmrcd bv .'ScClion 3.8. of the I.and Developmorn Code i I.DC). d Whether or not an I']S is required. Iv,'o cap,,..m ol'a reccm aerial photograph. Iraken v, ithin the prc,.'~.eus t,^'e!xc mcnt!:sl. miramum sca!c at' one inch cq,..:.~:, 4!;!.~ t~,::. shall bc submitted. aerial shall tdcntfl\' plant and/or x~.ildlillz habitat:~ and their boundaries .Such idcnlification shall I~c cons~slcn! x~ith Florida l)cpartmcnt of 'l'ransporlation l.and Use Cover and Forms C];.l.sstficatitm System. e..Statemotor of utility prox'is~ons (v~ith all required attachments and skclchc.'-;): f. A Traffic Impact Statern~mt (TIS). unl,..~s waived at the prc-appJication meeting: g. A historical and archeoloL2ical survcw or v,'aiver npplicauon 'd' property is located ,xithin an area of'historical or archacx)logical probability (as identified at pro-application meeting): h. Am' additional requirements as may bc applicable to specific conditional uses and i&mtified during the pro-application meeting. including but not limited tu anx required st;.ttc or I[:dcral permits. FEQ ? 7 2.ooi ~ ,~DA I~ :3 2 7 2001 13 2 7 2001 EXECUTIVE SUMMARY AUTHORIZE 'A RESOLUTION RELATING TO THE ENFORCEMENT OF 'VEGETATION REMOVAL IN THE RURAL AREAS OF THE COUNTY IN RESPONSE TO THE THREAT OF FIRE. OBJECTIVE: To protect the safety and welfare of residents in the rural communities under the threat of extreme fire conditions. CONSIDERATION: The Board of County Commissioners expressed a concern with the dry season and the potential threat of fire to the residents in the Estates and rural areas of the County at the January 23, 2001 meeting. It was noted that as a preventative measure residents should be encouraged to remove vegetation growing close to their homes that posed a potential problem in the event of a fire. The Board also directed staff to determine a means of suspending the current Weed and Litter Ordinance so that residents could place additional vegetation at the curbside beyond what is typically permitted Staff was directed to evaluate the matter and report back to the Commissioners with a recommendation. After discussing the matter with the County Attorney's Office, it was resolved that the Board need only declare a State of Concern as provided for under Ordinance 99-51, Collier County Weed & Litter Ordinance. The concern is in response to the water restrictions imposed by the South Florida Water Management District. This declaration will authorize a modification to the curbside pick-up program for the Estates and rural areas of the County during this dry season. Both Code Enforcement and Solid Waste will address the issue in a manner that ensures the needs of the citizenry are met with a continuing focus on safety. The curbside program will revert back to the standard pick-up times when the South Florida Water Management District lifts water restrictions. Additionally it should be noted that Waste Management Inc. has volunteered to pick up additional vegetation during its normal routes in order to mitigate this situation. FISCAL IMPACT: No fiscal impact is anticipated. GROWTH MANAGEMENT IMPACT: No Growth Management impact is anticipated RECOMMENDATION: Approve the attached Resolution declaring a State of Concern. SUBMITTED BY: APPROVED BY: //., ':/~.~,;5. .~----.~_.E-~?'~- · :::~---Date: Mi<Chelle Edwar~ Arnold Code Enforcement Director .~ '~ ~/.Tl, r/.x4..~ Date: //$ohn Dunnuck III, Interim Administrator .... VCommunity Development & Environmental Services Division FEB 2 7 2001 1 2 3 4 5 6 7 8 9 1o 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 RESOLUTION NO. 2001 - RESOLUTION SUPPORTING A PUBLIC AWARENESS CAMPAIGN TO REMOVE COMBUSTIBLE MATERIALS FROM AREAS ADJACENT TO RURAL RESIDENCES AND FINDING A STATE OF CONCERN DURING DECLARED WATER RESTRICTIONS SO AS TO ALLOW LIMITED ADMINISTRATIVE DISCRETION IN POLICING CURBSIDE ACCUMULATIONS OF SUCH COMBUSTIBLE MATERIALS. RECITALS WHEREAS, one of government's primary duties in the exercise of its governmental powers is to protect the health and safety of its citizens; and WHEREAS, pursuant to Section 125.01(t), Florida Statutes, the Board of County Commissioners is empowered to adopt resolutions necessary for the exercise of its powers; and WHEREAS, the population in Collier County's rural areas, in particular the large tracts of Golden Gates Estates, has increased dramatically; and WHEREAS, the drought conditions of this year's dry season are extreme such that ground water levels are near record lows; and WHEREAS, the South Florida Water Management District (SFWMD or the District), recognizing these extreme conditions, has recently declared Phase II watering restrictions in Collier County, and elsewhere; and WHEREAS, these extreme drought conditions have lead to an increase in the amount of vegetation and brush that are considered combustible materials, i.e., a fuel source, for wildfires;. and WHEREAS, recent winter frosts have added even more to the amount of combustible materials susceptible to wildfires; and WHEREAS, the potential for injury to persons and for damage to property from wildfires in Collier County is now dangerously high. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The foregoing Recitals are incorporated by reference and adopted as part of this Resolution. posed by !l- I The Board finds that a state of concern exists with regard to the dangers_ ^aE~7~l~ ~o. ,ratt:a:a:::~~ FEB 2 7 700 1 2 3 4 5 6 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 wildfires during the current SFWMD Phase II watering restrictions. County staff is requested to develop and disseminate a Public Awareness Campaign on these issues in order to inform the citizens in rural areas of the.County of the additional safety margin afforded by removing as much combustible materials as possible from an area of approximately thirty feet (30') around their residences so as to create a firebreak. County staff is encouraged to exercise limited administrative discretion in policing the County's regulations requiring prompt removal of accumulated litter while this state of concern exists, as follows: to allow bundled brush and other combustibles to exist in the area adjacent to fights-of-ways for only so long as is required for pick-up by the designated service provider 5. The foregoing Public Awareness Campaign and exercise of limited administrative discretion are in the best overall interest of the citizens of Collier County. BE IT FLIRTHER RESOLVED that upon the District's termination of its Phase II watering restrictions in Collier County, the procedures expressed herein will be also terminate. This Resolution is adopted this __ and majority vote favoring same. day of ., 2001, after motion, second DATE: ATTEST: DWIGHT El BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Patrick G. White Assistant Collier County Attorney By: JAMES D. CARTER, Ph.D., Chairman 2 AGE N 9A/'~.TF-/~ ~ No. ~ FEB 2 7 2001 pg. EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "BAY LAUREL ESTATES AT PELICAN MARSH UNIT TWENTY-ONE" OBJECTIVE: To grant final acceptance of the required subdivision improvements for "Bay Laurel Estates at Pelican Marsh Unit Twenty-One" ~- CONSIDERATIONS: On June 23, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Bay Laurel Estates at Pelican Marsh Unit Twenty-One" o The roadway and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the County. o 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. o 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 and drainage improvements will be maintained by the project's homeowners 'association. The water and sewer will be maintained by the County Utilities Division. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budget of the Utility Division. GROWTH MANAGEMENT IMPACT: None AGENDA ITE.J%I ?? 200! Executive Summary Bay Laurel Estates at Pelican Marsh Unit Twenty-One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Bay Laurel Estates at Pelican Marsh Unit Twenty-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. Hould~w~h, Senior Engineer Engineering Review Date ~omas E. Kuck, P.E. /~E~gineering R~view Manager ~obe-z%t Mulhere, AICP Planning Services Department Director Date Date APPROVED BY: ~ '~[~I ~ I~nterlm Administrator John~4. Dunnuck II ,- ' ' ' CommUnity Dev. and Environmental Svcs. Date j rh AGENDA ITF. M FEB 2 7 2001 LIM~ STATI COI, J~' THE VICINITY MAP BY J DE' AGENDA ITEM FEB 2 7 2001 Pg. ~ 1 2 3 4 5 6 7 8 9 lO 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 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6o RESOLUTION NO. 0l- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN BAY LAUREL ESTATES AT PELICAN MARSH UNIT TWENTY - ONE , RELEASE OF THE MAINTENANCE SECURITY, AND 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 September 26, 1998 approved the plat of Bay Laurel Estates at Pelican Marsh Unit Twenty - One for recording; and V~q-IEREAS, the developer has constructed and.maintained the roadway, drainage, water and sewer improvements in accordance with 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, xvater and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Se~'ices 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 Bay Laurel Estates at Pelican Marsh Unit Twenty - One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for.the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal s~u ffi, c, jency: Patrick G. White Assistant Collier County Attorney A GF__.N~A ITEM FEB 2 7 2001 EXECUTIVE SUMMARY PETITION CARNY-2001-A.R.#369, DUANE WHEELER, OF THE ROTARY CLUB OF IMMOKALEE, REQUSESTING PERMIT TO CONDUCT A CARNIVAL FROM MARCH 1, 2, 3 AND 4, 2001, AND MARCH 8, 9, 10 AND 11, 2001, ON COUNTY OWNED PROPERTY LOCATED ON THE SOUTHWEST PORTION OF THE IMMOKALEE REGIONAL AIRPORT, 520 AIRWAYS ROAD: OBJECTIVE: Duane Wheeler of the Rotary Club of Immokalee is requesting that the Board of County Commissioners approve a permit to conduct a carnival from March 1,2,3 and 4, 2001, and March 8, 9, 10 and 11, 2001, on County owned property located on the southwest portion of the Immokalee Regional Aiport. The applicant is also requesting a waiver of the application fee, occupational license and surety bond. CONSIDERATIONS: The Rotary Club of Immokalee has made application to the Board of County Commissioners for a permit to conduct their carnival. The Rotary Club of Immokalee has presented evidence that all the criteria has been met for the issuance of this permit. Staff supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the site after the carnival. FISCAL IMPACT: The applicant has signed a contract with Collier County Waste Management to dispose of the refuge, garbage and debris during and after the carnival. The County holds no liability for this event. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. ,~OMMENDATION: That the Board of County Commissioners approve the permit to conduct the Rotary Club of okalec Carnival and waive the application fcc, occupational license and surety bond. 11t6NALD~.-.-.-.-.'-.'~'NO, AICP DATE CURRENT PLANNING MANAGER tREVIF,,WE~) BY: Oi[ERY J. 'I~t~h~;RE, AICP PLANNING SERVICES DIRECTOR 02. I l-o, DATE APPROVED BY: /~ Dw vc in INTEI~IM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Immokalec Rotary Club Carnival FEB 2 7 2001 ROTARY CLUB OF IMMOKALEE P.O. BOX 5222 IMMOKALEE, FLORIDA 34143 February 8, 2001 Board of County Commissioners,, Naples, Flodda 34112 ~ Dear County Commissioners, The Rotary Club of Immokalee, the only civic group in Immokalee, is planning a carnival at the Immokalee Regional Airport. The dates for this event will be March 1=t thur 4th, and March 8th thur 11th, 2001. The hours we will be open are Thursday through Friday 6pm to 1 lpm and Saturday and Sunday 3pro to 11pro. The Lisko & Son Amusement Co., Lowellville, Ohio, is the name of the carnival that will provide the ddes and games. We are asking for your approval concerning this event. We are also asking that the Application fee, the Occupational fee, and the Security bond be waived. All proceeds raised through this event will be distributed throughout the community of Immokalee. Thank you for heiping us with this event. Since/~ly, Duane Wheeler Rotary Club of Immokalee Carnival Chairman AGENp~_ITE~ FEB 2 7 2001 pg. ~;~ . PERMIT FOR CARNIVAL EXHIBITION Permit No. STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Duane Wheeler, of the Rotary Club of Immokalee, ha~ made application to the Board of County Commissioners of Collier County, Florida, for a perfiat to conduct a cm'nival; and WHEREAS, Duane Wheeler, of the Rotary Club of Immokalee, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Enterlainments, of ~he Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, Duane Wheeler, of the Rotary Club of lmmokalee, has requested a waiver of the Surety Bond, Occupational License, and Application Fee; NOW, THEREFORE, THIS PERMIT 1S HEREBY GRANTED TO Duane Wheeler, of the Rotary Club of Immokalcc, to conduct a carnival on March l, 2, 3, and 4, 2001, and March 8, 9, l0 and 11, 2001, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and mcorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond, Occupational License, and Application Fee is hereby approved. WITNESS my hand as Chain'nan of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of 2001. A'I"I'EST: BOARD OF COUNTY COMMISSIONERS: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: 'Marjori~lV~. Student~ Assistanl County Attorney ~admin/Camy-2001 -A.R. #369/KN/im JAMES D. CARTER, Ph.D., CHAIRMAN No. · ~" ~. FEB 7 2001 PUBLIC WORKS ENGINEERING DEPARTMENT 9301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (g41 ) 774411 g2 LEGAL DESCRIPTION (NOT A SURVEY) s PROJECT NO.. PARCEL NO... FOLIO NO... COMMENCING AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORJDA; TI-IENCE $OU'I~ I DF.G~ 30 MINUTES.24 SECONDS WT.~T, A DISTANCE OF 2680.88 FEET; THENCE NORTH 87 DEGREES 42 MINUTE~ 39 SECONDS WEST ALONG TNE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 846. A DLqTANCE OF.2$&0.11 FEET; THENCE NORTH 87 DEGILEF~ 43 MJ. NUTE$ 00 SECONDS WEb-'T, A DLSTANCE OF 397.63 FEET; TI~NCE LEAVING SAID NORTH RIOt-IT OF WAY LINE NORTH 19 DEGREES 15 MINUTES IS SECONDS EAST, A DISTANCE OF 669.65 FEET; THENCE NORTH 1 DEGILI~E 25 MINUT~ 45 SECONDS EAST. A DISTANCE OF 1808.24 FEET; THENC~ NORTH 21 DEGREES 20 MINUTES 05 SECONDS WEST, A DISTANCE OF 45.29 FEET TO THB POINT OF Iil?r. GINNING; THENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE OF 213.26 IVEET; TI-ITe~CE NOP. TI-I 24 DBGREES 38 MINUTES 25 SFaCONDS WEST, A DISTANCE OF g$6.39 FEET; THF. NCI~ NORTH 18 DEGREES 23 M1NLrI~s 08 SECONDS EAST ALONG THE EAST RIGHT OF WAY LINE OF TI-tE SBA.BOAILD COASTLINE RAILROAD, A DISTANCE OF 208.02 ~EET; THENCE NORTH 18 DEGILEE~ 46 IvfI'NUTES 49 SECONDS EAb-'T, A DISTANCE OF 2728.00 FEET; THFr. NCE LEAVIllE SAID EAST RIGHT OF WAY LINE NORTH ~4 DEGREES 30 MINU'I'F~ 00 SECONDS ~,'A Dib~TANCE OF 840.00 FEET; THENCE SOU'I~ 1 DEGREE 30 MfNUTES 10 SECONDS WEST. A DISTANCE OF 3250.00 FEET; THENCE NORTH 8g DEGREF..S :~) MINUTES $0 SF. COND~ WE.ST, A DISTANCE OF 450.00 FEET; THENCE SOUT~ I DEGREE 30 MINUTES 10 SECONDS WEST, A DISTANCE OF 360,00 FEET; TIIGNCE SOUTH 85 DEGREES 2g MINUTES $0 SECONDS EAST, A DISTANCE OF 450.00 FEET; THENCE $OUTII 1 DEGREE 30 MINLIT~S 10 SECONDS WEST. A DISTANCE OF 700.00 FEET; THENCE SOUTH 45 DEGREES 00 MI~qUTES 00 SECONDS EAST, A DISTANCE OF 150,00 FEET; THENC~ SOUTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 43'DEGREES 30 MINUTES 06 SECONDS WEST, A DISTANCE O1~ 16 ! 3.95 FEET; THENCE NORTH ! DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 1480.00 FEET; THENCE SOLrI~ 88 DEGlaw~-e :14 MINUTES I$ SECONDS EAST, A DISTANCE OF 670.00 FEET: TI-1ENCE NORTH I DEGREE 25 MINLrTE$ 4S ~CONDS EAST, A DISTANCE OP 3?0,00 FEET; T11ENCE NORTII 88 DF:GRIW~.q 34 MINtrI'F.~ 15 RFA~'OND.q WF. ST, A DISTANCE. OF 837.52 FEET TO TIlE POINT OF BEGINNING; SAID I)E.qCRIBEII 'I'lLACT CONTAINING ~ 37,01~4 ACRES (5,971,401) SQUARE FEET), MORE OR LESS. No. FEB Pg.~ ~' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR.FL. REG. # 2406 PUBLIC WORKS ENGINEEEING DEPARTMENT. CO~11EI~ COUNTY GOVERNMENT COMPLF..X I:~01 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 2001 _ 01/22/01 09:16 FAX 9416436968 COLLIER CO CO~)I[;NII~ DEV NOTE: Please read reverse side Copy: Zoning Dixeetor Before completing tiffs Copy: Pe~tion~r Petition. Copy: (2} Cotlilly D^T~: A' g-001 If · COrl~t~u~, wh~-ther or nm a not-for-profit corporation: PROPERTY OW'NER'S ADDRESS: LEGAl. DESCRIPTION OF SUBJECT PROPERTY: , TELEPHONE: CUR.RENT ZONING: CUR.KENT U~ NATIJ'R~ OF PETITION: FOLLOWIN(} [NFOI~MATION'I~I~CLUbED IN THIS PETIT]ON. (l~Ok EXPLANATION, SEE REVERSE SIDE.) 3.a. 3.e.l ) 3.e,4) 3.e.7).__ 3.b. 3.e.2} 3.e.5) _ 3.e.8)__ 3.c. 3.e.3), 3 .e.6). 3.e.9), 3,d. e. 10) SIGNATLrI~ OF AGENT FOR PETITIONER DAT~ mBh~w~ ~y ~ o'f co~ ~~:"' A~v~; D~mved: ~n~o~ of A~val: f /- FEB 2 7 ZOO1 FROM : 01/22/0[ 0~:21 FA~ ~418~3~9~8 FRX NO. : F~b · 09 2001 04:0~PM ~)010 P1 NOTIFICATION FORM FOR 'TEMPORARY EVENTS Person in charge of food service . _ Phon~ ~5'?-~, 7~'~' I Number of food' and beverage'bootha .. ,.6'"' Estimatecl number of attand~ e~ at the event nt one time? . , /. ~,o.' .......... Number of toilets t~ ~ provided: Pa~bb: Male (..Z..) Fanrole (.~'L) Permanent~ IVlnle ( ) Female ( ) ~emod of to,at w. ste di~x~.~: _ m=~-<. ~V.~: Describe fnc!Jt#,Ind method of ullnd wsddng, rindrig end r, Jnitizing: 3 .,~_~/~. $,K)~:~ ...__. ._ _ __ FEB 2 7 200' FROM FAX NO. : Feb. 09 2001 04:02PM ....................... P2 As the sponsor of this event you am responsible to notify all food vendors of the teml:x:~'ary food service mquirernenta. Failure to comp' ~ may subject the booths to be closed for ~ health reason. Do you understand this completely9 Yes No I certify that to the best of my knowledge and belief all of the statements contained heroin and on any attactm~ nts are true, corm~ complete, and made in good faith. I uncleintend that the~e regulations include food Intended for service to Ihe public regardless of whether them lea charge for the food. I agree to assume re~pon$ibility for ~ ev~qt ~ c~rtlfy ~mt m~l business will be conducted in c~mpliance with the Florida Administrative Code, Chapter 64E-11. Signature of sponsor's agent FEB 2 7 2001 · r)DRESSING CHECKLIST 'Please complet~ the folloaing. Not all items will apply 1o every vroiect. ltems in bold tvDe ar~ required. 1 Legal descriptiou of ubj.ec, t pr~per!~ oflemg~hy description may be attached) Folio (Property ID) number(s) of above (attaoh to, or associate vatix, Icgal description if more than one) 3. Street address or addr.~s, scs,(aa ~'pplicable, ifalr~dy assigned.)_ a. Location map, showing ~xact location of project/site in relation to nearest public road right-of-way 5. Copy of survey ('NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed street names (if applicable) Site Development Plan Number (FOR EXISTING PROIECTS/SITES ONLY) SDP Petition" Type (/ndicat~ which is applicable): SDP (Site Development Plan) _ . SDPA (SDP Amen&neat) SDPI:'(SDP'Insub~fi~$e) ........ .- ~ .... SIP (Site Improvement Plan) $IPA (SIP Amendment) Construction Plans/Plat __ Land Use Petition (Variance, Conditional Use, Boat Dock Extension, etc,) Street Name Change (SNR) Blasting PaTnil ' '-. Ril~ht..of_-way2ermit .... Clearing/Vegetation Removal Excavation Pen'nit 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Applicanloame .k~_~)~LxO_ ~~ . . Phone ~,~'7-Jo~9 ~ Fax ~0~ ST~ US~ O~Y Address Number .~ FEB ~?ZO0~ I Ridca -- Show. -- Cu-ccs io,l, Lisko 8, Sons Amusement Co. LO~t [L~.YILL[. OHIO ~'itr, esseth: This contract.entered into thi~.,d~y of.~...~o~.by ~nd bet~,een Lisko ~ Sons Ar,iuser,',ents party ,:,f first part ~n,:d~~ ~./8~.¢~ par ties of sec,:,r,d par t. ~o~/~C~ ~'he~eas, the party of the first part agrees t,:, furnish ar,,J present e.r~,user~,ent~co~,',r~,,:,nly kr,,:,~,n as Lisk,3 ~ Sons Rmuser,',er, ts upon arrival of show The er, tert~inh',er, t t,:, consist ,:,f m,:,ral ~r,d refined attr~.cti,:,,',s. C,:,ndi~ior, s t.,:, be. as f,3l'l,:,~'s: ~arty o~ the firstc, arL to ~ive said and f,:,,:,d c,~r, ce~i,:,r,~; p,:,pcorn,car~,elc,:,rn,cotton c:~ndy~candy appte6,and Said ~eF,r,n,J party to furnish ticket ~eller~;arc, ple p,:,lfce protection;to [_ _~ [_ _, .... '',' ~ -, and ~,ater f,-,r E: or '= c~rnper~ (furnish park~n~ f,:,r~ara~);a place tO park truck~ and ~er,',i'5 {,hich ,~,er= used to Both partie~ a~ree t,:, ,~,ork h~n,d. in h~nd t,:, r,',~[::e t. hi~ event a sueess. ~r,d void. In c~se of such unforseen act over ,~,hich the party of the first .... ther, they are not to be liable for dar,',e~e~ by the F,~.rty ,:,f the sec,:,n,J part. This contract to be autor,',~tica!ly rene,~,e,~ ~,ritter, r,,:,tice i~ ~iven ,~,itl',ir, thirty ,Jay~ after pre{ent e:,:pirati,:,r, date ~zther party ~r,d it is further a~reed that no other conditions exist e:,:cept a~ here by r,',enti,:,ne,J in t.l',i5 contractsand that thi~ contract i~ sut,~ect to the ', Fol: party ~ the first. ~arty Signed ....................... No.~ For party of sec,Snd part COLLIER COUNTY AIRPORT AUTHORITY 2800 N. Horseshoe Drive Naples, FL 34104 (941) 643-8326 Fax (941) 643-8329 A Certified Blue Chip Community February 2, 2001 Rotary Club of Immokalee Attn: Duane Wheeler Dear Duane: Your request to lease the property on the Southwest portion of the airport for a carnival on March Is' thru March 4th and March 8th thru March 11, 2001 has been approved. We will need a copy of Lisko and Son Amusement Co. insurance. The Board of County Commissioners and the Collier County Airport Authority must be listed as additional insured. If you have any questions please call me (941) 657-9003 or my cell phone (941) 825- 0470. Sincerely, John W. Kirchner Airport Manager [] Marco Island Executive Airport 2003 Mainsail Drive Naples, FL 34114 (941) 394-3355 (941) 394-3515 Fax [] Immokalee RegionalA~rport 165 Airport Boulevard Immokalee, FL 34120 (941) 657-9003 (941) 657-9191 Fax FEB 2 7 2001 [] Everglades A~rpark P.O. Box 689 650 E.C. Airpark Road Everglades City, FL 34129 {941 ) 695-2778 (941) 695-3558 Fax IMMOKALEE FIRE CONTROL DISTRICT 502 E. NEW MARKET ROAD, IMMOKALEE, FLORIDA 34142 January 31,2001 Duane Wheeler Rotary Club of lmmokalee Dear Duaae The lmmokalee Fire Control Dist. will provide fire protection and inspections for the carnival you are planning in March. However, there is an event scheduled for the Roberts Ranch on March 10 & 11, 2001. Please provide the date and time that the state ride inspector is scheduled for. When planning the layout, keep in mind that the fire lrucks need access. Provide at least 24' fire lane around the midway. Fire extinguishers will be needed per NFPA 10. Fire extinguishers shall be inspected and tagged as required. If you should have any questions, feel free to call me at 657-2700. FEB 2 7 2001 pg,. /~:~ GENERAL OFFICE (941) 657-2111 FIRE PREVENTION (941) 657-2700 FAX (941) 657-9489 Collier County Sheriff°s Office 3301 Tamiami Trail East Building 'J' Naples, FL 34112 Telephone (AC 941) 774-4434 February 5, 2001 Mr. Duane Wheeler Rota/y CIBb of lmnlokaloe PO BOX 5274 Immoldaee, FL 34142 Dear Mr. Wheeler, This letter is to confirm that I have had the opportunity to revicw the proposed plan for the upcoming carnival event scheduled for March 1'~ through March 4, 2001 and again on Match 8~ through March 1 l, 2001. In reviewing the plan, I anticipate no major law cnforcxment ixoblems. I am providing exua patrols to assist with traffic and the flow of participants. If any problems should arise we will resolve them at that time. ff any additional information is neexled please advise. Sincerely, , , 7' Collier County Sheriff's Office Immokalee Substation Commander KAM/vg FEB 2 7 ZOO1 ( ; ~C~4~{:}kr,,,m~ A~ ) ( ) or~Po 3'&~ UMNt,~LA FoJm dlONF5060 05/01/00 O5101/01 ( ) ~"*A%"V'JOn¥ Z,~4;T8 EVENT OATk'I: 02/26 - 03112101 AooIrIOIIA~ I#SUJI~0: IOAItO Of COLLIE~ I[:O4JgITT COMiICCiOEEN AND AIRPOll1 AUTNOliTY t10,000,000 ~1,000,000. $1,000,000. $1,000,000. ~$0, 000. OIMY#! P.O. BOX SZZZ IIINOI(ALEl. FL 36143 JAK t941'6~T'90~,6 FEB 2 ? 2001 E~C~I~ SUMMARY FINAL ACCEPTANCE OF~rATER UTILITY FACILITIES FOR RITZ-CARLTON 'O]~F_E. CTIVE: The Board of County Commissioners, Ex-Officio the G~%erning Board of the Collier County Water-Sewer District, to a~cept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Ritz-Carlton Parking Garage, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by ~he Community Development and Environmental Services staff en July 29, 1999, in accordance with Ordinance 97-17. 3) S~aff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during %he one 1) 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 of a Cash Bond in the amount of $656.25, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without ~os't to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROW~TH ~%NAGF/~ENT IMPACT: This project has been connected to the County Regional Wate~ Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. Executive Summazy Ritz-Carlton Parking Garage Page Two 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 Wa~er-Sewer District, accept the water facilities for Ritz-Carlton Parking Garage, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nix,~ Engineering Technician II Engineering Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date b~ere, AICP Planning Services Department Director APPROVED BY: John M.~unnu~k, III, Interim Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments Date Date No. ~ FEB ? 2001 BAY VANDE BI VAND ....... AC.-~.J'~OA ITEM THE VILLAGES 'TARPON COV iFUTURE SiT[ Ii VANDERB~LE 21 VILLAS L~RE ~ 38 VANDERBILT CITRUS ~,~ CO~C~*L ~ST~L~L c~rr~ FOUNTAIN VIEW BLVD 13 ~L~.SO~ REM1TTER HOST MARRIOTT CORPORATION iF~I~ NATIONAL BANK Cashie,.s O, eca Dme: 6/30/99 Branch: lO6 004749 PAY TO THE ORDER OF EXACTLY **656 AND 25/100 DOLLARS $656.25 COLLIER COL~NTY BOARD OF COUNTY CO~<iSSIONERS ,'DO t, ? t, q,, ':O ~, ?O ~, 5 ?OOl: GOD i, r= Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date ' Post Date P~y~nent Slip Nbr 138208 06/30/1999 3:36:08 PM 07/01/1999 MS 55367 HOST MARRIOTT CORP. RITZ-CARLTON PARKING GARAGE Payor: HOST MARRIOTT CORP Fee Information Fee Code Description GL Account 12BOND DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 Total Amount Waived $656.25 Paymen'~ Code CHECK Memo: Account/Check Number 4749 Payments Amount $656.25 Total Cash $0.00 Total Non-Cash $856.25 Total Paid $656.25 Cashier/location: FROLOFF E / 1 User: NIX S . Collier County Board of County Commissioners CD-Plus for Windows 95/NT EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR BOYNE SOUTH 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 facilities. CONSIDERATIONS: 1) The Developer of Boyne South, has constructed the water 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 August 25, 1997, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities has been operated and maintained by the Collier County Water-Sewer District during the one 1) 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 of a Cash Bond in the amount of $31,1551.00, will be released to the Project Engineer or th~ Developer's designated agent upon the 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 facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. AGENlrA. ITEM No. //. ,/~ / FEB ? ;]OOl Executive Summary Boyne South Page Two 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 facilities for Boyne South, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nix, mnglneerlng Technician II Enginee~i~_n~= Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date Planning Services Department Director Date / / APPROVED BY: ~Du~nnuc~~ I I~I ~m Administrator attachments AGEND.A~TEM. ...- No.~~ FEB 2 7 2001 PO. ~ ___- EAGLE CREEK DR1 NAPLES RESERVI~ GOCF CLUB ~LV~R LAKES PELICAN LAK[ PARADISE RST MARCO SHORES / F3DDLER'S CREEK COLLIER STATE L. oC -- AGENDA ITEM ,., FEB 2 ? 2001 AG E~D~,A NO. ~ FEB 2 ? 2001 Pg. ,,~ -___.. If this check :is ca.~ce[tation t~ tJae or pa~ent by the ~hm o~e year ~r its aa~. it wi~ ~ ,ubj~t ~ a anr~un~ble a~a~fee d $5,00 ;er month them~r. THIRTY ONE THOUSAND FIVE HUNDRED FIFTY ONE AND 00/100 NOT VALID IF OVER $2t~551.00 NatiomBankofTex s[DYNE USA SOUTH INC San aato~t(;) ~.~5"~ ~4 2 Remitter (Purchased By) THE ORIGINAl. DOCUMENT HAS REFLECTIVE WATERMARK ON THE BACK bOO ~,qG OltlOINAL DOCUMENT HAS REFLECTIVE WATERMARK Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date . Payment Slip Nbr 21174 6/16/97 9:00:29 AM 6/16/97 MS 17649 BOYNE USA SOUTH, INC. BOYNE SOUTH Payor · NATIONS BANK Fee Information Fee Code -I~sc-r-iption ...... GL Account ............ Xm~un~ ~waived 12BON~D_Ep~O_~I'~S-~oMM DEv (CAS_H B'ONDi 670~0~0_0'~)~2-2011§0_0_~0- ___-~- ~31551._0_0_ _~ Total $31551.00 Payment CHECK Memo: Payments Accoun'dCheck Number ~ Amount 89642_6 ...... - __-_- - -~3i55~-._0_0 Total Cash $0.00 Total Non-Cash $31551.00 Total Paid $31551.00 Cashier/location: GARRETT S / 1 User: NIX S AGE N D~A/~T E.J~I~ /,' No. / P' ~. ,-~ Collier County Board of County Commissioners CD-Plus for Windows 95/NT FEB 2 ? 2001 Printed:6/16/97 9:00:55 AM EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE' FINAL PLAT OF "FIDDLER'S Creek Phase lB, Unit Two" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Fiddler's Creek Phase lB, Unit Two" CONSIDERATIONS: On October 27, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Phase lB, Unit Two". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements 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 ~he 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 and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will.be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None FEB 2 ? 2001 Executive Summary Fiddler's Creek Phase lB, Unit Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Phase lB, Unit Two" 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. Houid~worth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rok~ert Mulhere, AICP Planning Services Department Director APPROVED BY: ~~ rator Date j rh A~_I~A ITF..M FEB 2 7 2001 EC* AT!ON N.T,S, ~ LOCATION MAP' ' FEB 2 7 2001 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2~ 22 23 2,4 25 26 27 28 29 3O 3~ 32 33 34 35 36 37 38 39 .4O 41 42 43 44 45 46 47 48 49 50 5! 52 53 55 56 57 58 59 6O RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DP~&INAGE, WATER AND SEWER IMPROVEMENTS IN FIDDLER'S CREEK PHASE lB, UNIT TWO RELEASE OF THE MAINTENANCE SECL~dTY, ANT) ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY. DRAINAGE , WATER ANT) SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEO\~FNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier Count5,. Florida. on June 24. 1997 approved the plat of Fiddler's Creek Phase lB, Unit Two for recording: and WHEREAS. the developer has constructed and maintained the roadway, drainage, water and sexver improvements in accordance ~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 fCollier County Ordinance No. 97-I 7L and WHEREAS, the developer has now requested final acceptance of the roadway, drainage. xvater and sewer improvements and release of his maintenance security: and WHEREAS. the Compliance Se~,ices Section of the Development Services Departmere has inspected the roadway, drainage. xYater and sewer improvements and is recommending acceptance of said facilities. NOW. THEREFORI~, 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 Fiddler's Creek Phase lB. Unh Two, and authorize the Clerk to release the maintenance secur/ty. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by' the homeowners association. This Resolution adopted after motion. second and majority vote favonng same. · DATE: ,ATTEST: D~,VIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant Collier County Attome.,,' FEB 2 7 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FIDDLER'S CREEK PHASE 1A" OBJECTIVE: To grant final acceptance of infrastructure improvements associated with that subdivision known as "Fiddler's Creek Phase 1A" CONSIDERATIONS: On December 3, 1996, the Board of County Commissioners granted 'preliminary acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Phase 1A" o The roadway and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements 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 and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None FEB 2 ? 2001 Executive Summary Fiddler's Creek Phase 1A Page 2 RECOMMENDATION: T%~at the Board of County Commissioners grant final acceptance of %he roadway, drainage, water and sewer improvements in "Fiddler's Creek Phase 1A" and release the maintenance security. I;-,.~Authorize the Chairman to execute the attached resolution :':[~aut_horizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager D~te Robert Mulh~r~, AICP Planning Services Department Director APPROVED BY: c%Omh[J t UDe . Date jrh AG~.]qOA ITE~ FEB 2 ? 2001 o£ LOCATION MAP .~.~';~:-:.. ......:: ~. AGEI',~)A ITEM FEB 2 ? 2001 1 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 4~ 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6O RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS 1N FIDDLER'S CREEK PHASE 1 A, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE . WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEO\~hNERS ASSOCIATION. WHEREAS. the Board of County Commissioners of Collier County, Florida, on December 3, 1996 approved the plat of Fiddler's Creek Phase 1A for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with 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 Count>' Ordinance No. 97-17). and WH EREAS, the developer has nov,' 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 Sen'ices Department has inspect6d the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COL,rNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway. drainage. water and sewer improvements in Fiddleifs Creek Phase 1 A. and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway. drainage, v`'ater and sewer improvements that are not required to be maintained by the homeowners association. Thik Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal suff}ciency: Patrick G. Xkrhite Assistant Collier Count>, Attorney AC~.~:)A ITEM 7 FEB 2 7 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FiDDLER'S CREEK PHASE lB, UNIT ONE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Fiddler's Creek Phase lB, One" CONSIDERATIONS: On October 27, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Phase lB, Unit One". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements 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. o 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 and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County Utility Department through their operations and maintenance budget. GROWTH MANAGEMENT IMPACT: None 7, 2001 Executive Summary Fiddler's Creek Phase lB, Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Phase lB, 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 Da.t~ REVIEWED BY: Thomas E. Kuck, P. . Engineering Review Manager Date' b~ere, AICP Planning Services Department Director Da~e ' APPROVED BY: John~. DuhTiuck III, Interim Administrator CommUnity Der. and Environmental Svcs. Date j rh AGENOA ITEM FEB 2 7 2001 o~' Nexlco MARC .- LOCATION MAP ~'~'i:i ':'" FEB 2 1 2001 1 2 3 4 5 6 7 8 9 lO 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 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN FIDDLER'S CREEK PHASE lB, UNIT ONE RELEASE OF THE MAINTENANCE SECURITY, AND 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 May 13, 1997 approved the plat of Fiddler's Creek Phase lB, Unit One for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with 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 Fiddler's Creek Phase lB, Unit One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant Collier County Attorney AGENDA ITEM FEB 2 7 2001 EXECUTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NORMAN ESTATES AT PELICAN MARSH UNIT 23, REPLAT OF LOTS 3 THROUGH 18 & PART OF TRACT B" OBJECTIVE: TO approve for recording the final plat of Norman Estates at Pelican Marsh Unit 23, Replat of Lots 3 through 18 & Part of Tract B, a subdivision of lands located in Section 36, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Norman Estates at Pelican Marsh Unit 23, Replat of Lots 3 Through 18 & Part of Tract B" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "~orman Estates at Pelican Marsh Unit 23, Replat of Lots 3 Through 18 & Part of Tract B" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Developmen~ Services Revenue generated by this project: Total: $525.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues. AGENDA,ITEM] .o. FEB 2 7 2001 / ExecutivesSummary Norman Estates at Pelican Marsh Unit 23, Replat of Lots 3 Through 18 and Part of Tract B Page 2 HISTORICA3~ / ARCHEOLOGICAL ISSUES: archeological issues. EA~ RECOMMENDATION: Approval. CCP61 ECO E ATION: Approval. PLA1TNING SERVICES STAFF RECOMMENDATION: There are no historical or That the Board of County Commissioners approve the Final Pla[ of "Norman Estates at Pelican Marsh Unit 23, Replat of Lots 3 Through 18 & Part of Tract B" with the following stipulations: 1. Authorize the recording of the Final Plat of "Norman Estates at Pelican Marsh Unit 23, Replat of Lots 3 Through 18 & Part of Tract B." P[REPARED BY: e[~ Engineering Review Date REVIEWED BY: homas E, Kuck, P.E. ngineering Review Manager Ro~e~ M~l~ere, AICP Planning Services Depgrtment Director APPROVED BY: John M~Dunnuck III, Interim Administrator Commun$~y Dev. and Environmental Svcs. Dat~~ Date Date FEB ? 2001 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NUMBER 3 WITH BETTER ROADS, INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR REVISING LIVINGSTON ROAD FOUR LANE TO LIVINGSTON ROAD SIX LANE. PROJECT #60061. OBJECTIVE: That the Board of County Commissioners approve Change Order Number 3 for construction modifications to six lane Livingston Road. CONSIDERATIONS: On November 21, 1999 a notice to proceed order was issued to _ Better Roads, Inc. for the construction of a new four lane Livingston Road from Radio Road through Golden Gate Parkway. On September 12, 2000, the Board of County Commissioners authorized staff to proceed with the expansion of Livingston Road from four lane to six lane. In addition to many advantages of this decision, Collier County qualified for over nine million dollars in state grants through the County Incentive Grant Program for roadway enhancement. Change Order number 3 will enable the contractor to proceed with the construction of the necessary modifications for six laning Livingston Road. The project should be completed'by the summer of 2001. ~ii'F~_ISCAL IMPACT: Total funding needed is $1,280,371.86. Funds in the amount of $172,000 are available in the Road Impact Fee District 2 fund. A budget amendment is needed to transfer 1,108,372 from the Road Impact Fee District 2 fund Reserves and appropriate in the project. Source of funds are impact fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 41 is consistent with the Transportation sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order Number 3 and approve the necessary budget amendment. SUBMITTED BY: ~'"'~/X'~'"'" '/~' ' /'~'~"~"f /~"" Date: Mitch Riley, P.E., Senior Project Manager TE & CM Department REVIEWED BY: ~VL"7'~'/z~"-" ~' /"'/~//'~'-"' Stephen ,I,,t Miller, P.E.; Director TECM D'~partme~ BY' ' " APPROVED . Norman Feder, Administrator Transp ~'~ation Division Date: Date: AGE - A E FL3 2 7 2001 CHANGE ORDER #3 TO: Mr. Joseph Restino Better Roads Inc. 5590 Shirley St. Naples, FL 34104 FROM: Collier County Transportation Engineering Board Of County Commissioners 3301 East Tamiami Trail, Bldg. D Naples, Florida 34112 Project Name: Livingston Road Phase (1) Six Laning #60061 Construction Agreement Dated: Bid No2 99-2990 Change Order No.: Three Date: 2/1/01 Change Order Description: (Attach justification and supporting documentation for this change.) Original agreement amount ........................................................................$ Sum of previous change orders amount ..........................................: ..........$ .This Change Order Amount [add] .............................................................$ Revised Agreement Amount ........................................................................$ 9,054,969.07 27,940.54 1,280,371.86 .10.363,281.47 Original contract time in calendar days .................................... Adjusted number of calendar days due to previous change orders ..... This change order adjusted time is .......................................... Revised Contract Time in calendar days ....................................... 410 days 90 days 120 days 620 days Original Notice to Proceed date .......................................................... Completion date based on original contract time ................................ Revised completion date ...................................................................... November 21, 1999 January 3,2001 August 1, 2001 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this 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: William E. Flynn, Inspection Supervisor Date: Reviewed by: Date: Mitch Riley, P.E., Senior Project Manager Approved by: Stephen L. Miller, P.E., Director A cce ted b /ifSJoseph Rest~no, V.P., Be~er Roads ~c Date Dhte: '-FEB 2 7 2./.31 CHANGE ORDER DESCRIPTION RFP # 9 GOLDEN GATE PARKWAY CROSSING 36" W.M. To facilitate the multiple pipe crossings of Golden Gate Parkway without removing the 36" City of Naples water main, add the following costs: Exist 425-2-91 Manhole J-8 New 425-2-91A Exist 430-11-329 New 425-2-91B Exist -600-1 New 425-2-91C New 425-2-91D New 425-2-91E New 425-2-91F New 401-1-36A New 401-1-36B New 401-1-36C New 163-130-424A 3ca. ~ $3,295.00/ea. Cut in Str. S-50 lea. ~ $1,790.00/ea. 24"RCP 16 LF @ $30.00/LF Conflict Boxes 52/60 2ea. ~ $8,530.00/ea. 20"Dip assembly lea. ~ $7,233.23/ea. Conflict Box S-67 lea. ~ $26,622.75/ea. Formed thrust Bks. On 60" 2ea. ~ $3,580.50/ea. Formed Collars on 60" lea ~ $4273.50/ea, Structural certification 1 ea. ~ $3,800.10 Elastizell of Florida 1 LS ~ $56,479.50 Cross Country, support crew 2 shifts (~ $1,963.50/ea. Gen. Cont'r Maint. of Traffic lea. @ $1,750.00 Lower 20" RWM (DR 18) tea. ~ $3,395.00 SUBTOTAL (UNDERGROUND) RFP # 28 SIX LANING CONSTRUCTION COST To convert partially constructed4 lane road to a 6 lane road. Add the following costs: Exist 101-1 Exist 101-1-2 Exist 102-1 New i 02-1 - 1 Exist 102-911-2-1 Exist 102-911-2-2 Exist 110-1-1 Mobilizatioin 1L.S. ~ $53,330.00 = Construction survey 1L.S. @ $11,030.00 = MOT 1L.S. ~ $50,553.00 = Barrel w/LT. 10,000 B.D. ~ .45/B.D. Removable Pavement Marking (6") 46 LF ~ $2.10/LF= Removable Pavement Marking (18") 320 LF @ $6.30/LF= Clearing and grubbing 1 LS ~ $5,000.00 $ 9,885.00 $ 1,790.00 $ 48O.OO $17,060.00 $ 7,233.23 $26,622.75 $ 7,161.00 $ 4,273.50 $ 3,800.10 $56,479.50 $ 3,927.00 $ 1,750.00 $ 3,395.00 $143,857.08 $ 53,330.00 $ 11,030.00 $ 50,553.00 $ 4,5OO.00 $ 96.60 $ . 0._L6.00 AGENOA,I~'EJvI' 5, ..oo/ FE : 7 2001 New 120-5 Exist 120-6 New 120-8 Exist 160-4 Exist 285-709-990 New 331-72-10 New 331-72-24 Exist 339-1 'Exist 425-1-351 New 425-1-351-1 New 425-11A New 425-I lB Exist 430-11-325 Exist 430-982-225 Exist 520-1-10 New 520-5-8 Exist 575-1-1 Exist 630-1-12 Exist 635-1-11 Exist 650-I-131 New 660-1-106 New 660-2-102 New 649-0-0 Exist 700-40-2 Exist 706-1-11 Exist 706-1-11 Exist 706-1-11 Redress Channel. Slope 1L.S. @ $9,330.00 = Embankment 7,717.00 CY ~ $10.25/CY = Redress Medians South 1LS @ $18,500.00 = Type 'B; Stab. (12") 17,122 SY ~ $1.75/SY = Limerock Base 10" 14,870 SY ~ $5.90/SY = S-111 Asp. Conc. (1") 102,511 SY ~ $1.90/SY = S-1 Asp. Conc. (2 'A") 110,856 SY ~ $4.15/SY = Asphalt pavement misc. (2") 20 tons ~ $65.75/TN= Inlets (curb) Type P-5 3ea. ~ $2,463.00/ea. = Inlets (curb) Type P-5. Mainline 4ea. @ $5,940.00ea.= Modify existing strs (median) 1 lea. @ $1,090.00ea. -- Connect to exist. Inlet (18") 3ea. Pipe Conc. Culv (Clas III) 386 LF ~ $25.20/LF = Mit. End sections 8ea. ~ 524.30/ea. = Curb and Gutter Type F 10,139 LF ~ $5.25/LF = Conc. Traf. Separ T)~e IV (1.5) 1416LF ~ $8.15/LF-- Sodding (Bahia) 45,000 SY @ $1.60/SY = Conduit (Underground) 3600 LF ~ $1.90/LF = Pull & Junction Boxes 20 ea. Traffic Signal (12'STD) (3 Section, 1-way) 6 AS ~ $726.00/AS = Inductive Loop Detector (Type 6, 2 CH, SS, S&TD) 28 ea. ~ $317.27/ea. = Loop Assembly (Type B) (6'x6') 52 AS @ $567.71/AS = Spread footings at Radio Rd. 2 ea. @ $16,362.50= Sign single post (12 to 25) 1 AS @ $298.00 = REF. Pave mark (M/D) (Colorless) 421ea. ~ $3.00= REF. Pave mark (M/D) (Amber) 67ea. ~ $3.00 = REF Pave mark (B/D) (Amber) 169ea. @ $3.00 = $ 9,330.00 $ 79,099.25 $ 18,500.00 $ 29,963.50 $ 87,733.00 $194,770.90 $460,052.40 $ 1,315.00 $ -7,389.00 $ 23,760.00 $ 111990.00 $ 4,125.00 $ 9,727.2O $ 4,194.40 $ 53,229.75 $ 11,540.40 $ 72,000.00 $ 6,840.0O $ 3,620.00 $ 4,356.00 $ 8,883.56 $ 29,520.92 $ 32,725.00 $ 298.00 $ 1,263.00 FED 2 7 2001 Exist 706-1-11 REF Pave mark (B/D) (1L/C) 470ea. ~ $3.00 = $ 1,410.00 Exist 710-25-61 Solid traffic strip, paint (6") (White) 103 LF ~ .15 =$ 15.45 Exist 710-25-81 Solid traffic strip, paint (8") (White) 2,342 LF @ .35 =$ 819.70 Exist 710-25-181 Solid traffic strip, paint (18") (White) 675 LF @ $1.25=$ 843.75 Exist 710-26-61 Solid traffic strip, paint (6") (Yellow) 2,103 LF ~ .15=$ 315.45 Exist 710-26-181 Solid traffic strip, paint (18") (Yellow) 142 LF ~ 1.25=$ 177.50 Exist 710-65 Skip traffic stripe paint (6") (white) 968 LF ~ .45= $ 435.60 Exist 710-6 Directional arrow, paint 9ea. ~ $27.00 = $ 243.00 Exist 710-7 Pavement Messages, paint 5ea. ~ $65.00 = $ 325.00 Exist 711-1 Skip traffic stripe then-no 6" Wht. 2.0/GM ~ $500.00/GM=$ 1,000.00 Exist 711-4 Directional arrows, thermo 1 lea. @ $40.00/ea.= $ 440.00 Exist 711-5 Guide lines thermo (YLW) (2'-4') 234/LF ~ .45/LF = $ 105.30 Exist 711-5-1 Guide lines thermo (white) (2'-4') 422 LF @ .45/LF-- $ 189.90 New 7I 1-34 Skip traffic stripe, thermo (6') Yellow 483 LF ~ .45= $ 217.35 Exist 711-35-121 Traf. stripe solid (12") (White) 4.43/LF ~ $1.10/LF = $ 487.30 Exist 711-35-241 Traf. smpe solid thermo (24") (White) 93/LF ~ $2.00/LF =$ 186.00 Exist 711-36-41 Traf. stripe solid thermo (4") (Yellow) 483/LF ~ .30/LF =$ 144.90 Exist 711-36-81 Traf. stripe solid thermo (8") (Yellow) 720/LF ~ .60/LF =$ 432.00 New 715-34-2 Lighting fixture shields 10ea. ~ $100.00/ea. -- $ 1,000.00 SUBTOTAL (ADDITIONS) $1,302,248.08 Asp. Conc. Type S-1 (3 ~/2 ") 94589.80 SY ~ 5.55/SY= SUBTOTAL (SIX LANING) / CREDIT Exist 331-72-34 ($ 524,973.39) $ 777,274.69 RFP # 29 MONOTUBE STRUCTURE Mono tube structure for signal installation at Livingston and Golden Gate Parkway Intersection. Add the following items of cost: Exist 630-1-14 Conduit underground jack PVC S-40 286 LF ~ $12.35/LF= $ 3,532.10 Exist 632-7-1 Signal Cable 1 LS @ $2,730.00/LS ADD $ 845.00 New 645-11-168 Credit 641-16-152 Montube signal support stmct. 1 LS @ $183,319.50/LS = Type N-V11 conc strain pole 52' lea. ~ $2,685.00 = 2001 Credit 641-16-156 Type N-V11 conc strain pole 56' lea. @ $2,870.00 Credit 641-17-154 Type N-V11 conc strain pole 54' lea. @ $3,098.55 Credit 641-17-158 Type N-V11 conc strain pole 46' lea. ~ $3,505.00 Exist 650-1-131 Traffic sign. 12" Std 3 sect. 1 way 16ea ~ $726.00 Exist 650-9-151 Traffic sign. 12" Std 3sect 1 way 3ea. @ $1,960.00/ea.: Exist 653-112 Pedest. Signal 12" incan 2 way lea. ~ $703.00 Exist 659-101 Signal Hd. Aux. Back plts. 3sect. 3ea. ~ $81.00/ea. Exist 659-118 Signal Hd. Aux. Back plts. 5sect. lea. @ $139.00/ea New 700-89-1 Electrically powered signs 6ea. ~ $2,68.25/ea MONOTUBE ADDITIONAL RFP # 30 QUANTITY OVERRLrNS ($ 2,87O.OO) ($ 3,098.55) ($ 3,505.00) $ 11,616.00 $ 5,880.00 $ 703.00 $ 243.00 $ 139.00 $ 13,009.50 207A28.55 To pick up quantity overruns on work in place that threatens to exceed $50,000 maximum, add the following items. Exist 106-2-1 'Exist 285-709-327 Exist 400-148-3 Exist 528-70 Exist 1613.130-321 Exist 1514-120-221 Exist 1613-130-324 Exist 1613-130-424 Exist 1617-140-324 Water Qual. Monitor 75ea. ~ $190.00 = $ 14,250.00 ABC 3 Base (6") 1.709.57 SY ~, $10.60 = $ 18,122.44 Traffic Barrier (bicycle) 638 LF ~ $87.00/LF = $ 55,506.00 Retaining Wall 119 SF @ $51.00/SF = $ 6,069.00 12 PVC pipe 11 LF ~ $29.80/LF = $ 327.80 12" D.I. Flanged 49 LF ~ $129.50/LF = $ 6,345.50 20" PVC (DR-25) 1200 LF ~ $40.80,~,F = $ 48,960.00 20" PVC (DR-18) 16 LF ~ $55.90/LF = $ 894.40 20" DI Flanged 6 LF ~ $272.90/LF = $ 1,637.40 SUBTOTAL (OVERRRUNS) $152,111.54 AGE A I .o. FEB 2 7 2001 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 5 WITH APAC-FLORIDA, INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR THE WIDENING OF IMMOKALEE ROAD FROM 1-75 TO COLLIER BOULEVARD (CR 951), PROJECT NO. 69101 OBJECTIVE: That the Board of County Commissioners approve Change Order No. 5 for additional construction services for the widening of Immokalec Road from 1-75 to Collier Boulevard. CONSIDERATIONS: On November 23, 1999, the Board of County Commissioners awarded a construction contract to APAC-Florida, Inc. for the widening of Immokalee Road from 1-75 to Collier Boulevard. Additional work is required, as described in the attached Change Order No. 5, amounting to a total additional cost of $212,057.01. Issue 1 ($13,823.82) contains new pay items that were necessary to adhere to the intent of the construction plans, along with overruns of existing quantities. Issue 2 ($43,639.79) was added to avoid the temporary full closure of Oaks Boulevard during reconstruction. Issue 3 ($83,923.98) was required when it was decided to meander the sidewalk for aesthetics. Issue 4 ($70,669.42) was prompted by relocating the above sidewalk, additional turn lanes and additional lighting at the schools and Collier Boulevard. FISCAL IMPACT' A budget amendment is needed to transfer $212,057 01 from the District 1 ' ' oad Impact Fee Fund Reserves. The revised contract amount will be $7,329,643.41. The funding source is Impact Fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Change Order No. 5 in the additional amount of $212,057.01 and authorize the Transportation Engineering and Construction Management Director to execute the Change Order and approve the necessary budget amendment. FEB 2 7 2001 SUBMITTED B/fl,~nn 1~'. Thorpe, P.E., Prc(ject Manager REVIEWED BY: Mitch Riley, P.E., Senior Project Manager Date: Date APPROVED BY: Stephen L ~iller, P.E., Director, T.E. & C.M.D. Nffrn~ Fed , ' ' tot Tra~portation Division Attachments: Change Order No. 5 Date Date FEB 2 ? 2001 CHANGE ORDER TO: Project Name: Agreement Dated: Change Order No.: APAC-Flodda, Inc. FROM: Collier County 911 Fifth Street SW Transportation Engineering & Construction Naples, FL 34117 Management Dep~Lrtment 3301 East Tarniami Trail Naples, Florida 34112 CR 846 { Immokalee Road) from 1-75 to CR 951 P.O. No.: Date: February 2, 2001 Five (5) Contract No.: 99-2992 Change Order Description: documentation) Original Agreement Amount $ Sum of previous change orders amount .................................................$ This Change order Amount $ Revised Agreement Amount ..............................................................$ This Change Order covers the cost of various contract overruns, additional pay items, changes due to differing field conditions and design changes. (See attached summary and 6,747,845.46 369,740.94 212,057.01 7,329,643.41 410 96 Original contract time in calendar days Adjusted number of calendar days due to previous change orders This change order adjusted time is Revised Contract Time in calendar days o 506 Original Notice to Proceed date Completion date based on original contract time .......................................... Revised Completion date February 1, 2000 July 6, 2001 October 4, 2001 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this 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.~ ~~,~,~~.~ Prepared by: ~ _~- February 2, 2001 ~M; ~n,'CEI Contr~/~nager / Johnson Engineering, Inc. Date Recommended be ' /~ /~. ,///~... Z/"~ Accepted by: Approved by Approved by: Authorized by: /~~...~e PE,'Project Manager APAC-FIodda Inc. (Sign and print or type name) Mitch Riley PE, Senior Project Manager ~//~dN F Ad~ "s-~t!~portat,on D,v,s,on Date Date Date 27 2oo / ~ ! Date ~ Pg. CHANGE ORDER SUMMARY Project: Immokalee Road (Four Lane Improvements from 1-75 to C.R. 951) Project No.: 69101 Contract No: 99-2992 Contractor: APAC-Florida, Inc. Change Order No.: 5 Date: February 2, 2001 Issue 1: New Pay Items and Contract Quantity Overruns. Description: The items shown in the table below, account for pay items that were not included in the original bid, but are required on the plans. Also included are extensions of existing pay item quantities to reflect quantity overruns. These overruns include extensions of drainage for turn lane construction and utility casing crossing. Presented below are the new pay items to be included in the contract by this Change Order: Item Number Description Quantity Unit Unit Price ' Amount 425-1-521 4 EA $1,283.00 $5,132.00 Add Qty Inlet Type 430-14-325 12 LF $25.1~ $301.80 Add Qty Concrete Pipe Culvert 18" 430-142-102 Concrete pipe ERCP 20 LF $28.15 $503.00 Add Qty 14x23 Class III 455-107-5 Furnish & Install Steel Casing 8" 48 LF $50.50 $2424.00 Add Qt~ 455-107-8 Furnish & Install Steel Casing 14" 53 [ LF $58.25 $3,087.25 Add 1518-160-306 Forcemain Restrained (6") 10 LF $47.00 $470.00 Add Qty 1518-160-308 Forcemain Restrained (8") 5 LF $49.30 $246.50 '520-2-1 Curb & Gutter Type "A" 40 LF $16.50 $'660.0'. Add Item *550-73 Fence ~pecial with Gates 1 LS $999.27 $999.27 Add Item Total: $13,823.82 * Denotes quantities that were not included in the initial bid schedule, but are on the plans. Issue 2: Oaks Boulevard Overbuild Description: This issue was established due to the amount of traffic at the intersection of Oaks Blvd. an¢ CK 846. If the contractor performed the work as it was originally planned, the intersectic :'- would have been closed down intem~ittently. This overbuild made it possible to keep the intersc.~ :ion open, and resulted in less construction time in this area. The quantity shown here reflects the complete overbuild of the Oaks Blvd. limit in the contract. The original letter from the contractor only included the area around Immokalee Road. It was decided that due to the amount of traffic that the area to be overbuilt should include the entire Oaks Blvd. improvement. Presented below are the new pay items to be included in the contract by this Change Order: Item Number Description Quantity Unit Unit Price Add Type S-1 Asphalt 905.39 TN $48.20 N Total: $43~6_3~.'~_ PF_uz 2001 Issue 3: Sidewalk Adjustments from Heritage Greens to Pebble Brook Lakes Description: The following items reflect the changes requested by the county to modify the sidewalk alignment in various locations. These items are based on modified plans by Hole Montes & Associates. Presented below are the new pay items to be included in the contract by this Change Order: Item Number Description Quantity Unit Unit Price Amount 110-1-1-A Clear & Grub 1 LS $6,375.00 $6,375.00 120.6-A Embankment 8,466 CY $6.35 $53,759.10 400-1-11 Class 1 Concrete Retaining Wall5 CY $550,00 $2,750,00 425-1-901 Inlet Type x 2 EA $1,406,00 $2,812.00 430-962-220 Pvc Pipe Culvert 10' 200 LF $25,50 $5,100.00 515-1-2 Pipe Handrail 20 LF $27,50 $550.00 522-1-A Concrete Sidewalk 3,798 SY $13,55 $51,462.90 570-5-A Fer'dtizer ,6 TN $1,03 $0.62 570-9-A WatedGrass 39 MG $1.03 $40.17 575-1-1-A Sod (Bahia) 6,507 SY $1.47 $9,565.29 522-1 (Delete) Concrete Sidewalk (3,798) SY $12.55 t ($48,491.10) Total $83,923.98 Issue: 4: Lighting & Signals Description: These items are as a result of refinement of the lighting and signal plans. This does not include a credit for savings in underground installation of the lighting that is currently under review by the engineer. These changes are presented in order to avoid delays in the project schedule. Item Number Description ' Quantity ~ Unit Unit Price Amount 663-70 Vehicle Detector Assembly (Optical) 5 EA $2,104.83 $10,524.15 690-30 Remove Light Pole with all 1 EA $1,786.40 $1,786,40 Appurtenances 659-107 Aluminum Pedestal 1 EA $441.02 $441,02 715-411-230-15 Install Pole 15' Arm & Luminare 15 EA $2,170.48 $32,557.20 715-5-51 Remove FPL Light Fixture 1 LS $2,344.65 $2,344,65 715-411-230 Install Pole112' Arm & Luminare 14 EA $1,644,00 $23,016.00 Add ~ Total $70,669,42 CHANGE ORDER No. 4 (Summary) Issue Description Contract Overages 2 Oaks Overbuild 3 Sidewalk Modifications 4 TOTAL Lighting & Signals Change Order No.5 Amount $13,823.82 $43,639.79 $83,923.98 $70,669.42 $212,057.01 FEB 2 7 2001 $as.~ot~ Dfv~on AN £~UAL OPPORTU~IT~ ~,IPLO~.R September 25, 2000 Johnson Engineering. Inc. 3000 Immokalee Road, Suite 9 Naples, FL 34110 Attention: Mr. Mark Beaverson ImmokaJee Road (Four Lane Improvements From 1-75 to C.R. 951) Project No. 99-2992, Collier County, Florida Proposed Aspaalt Overbuild for Oaks Boulevard Dear Mark: I am ~ting to propose overbuilding Oaks Boulevard with asphalt, in lieu of tearing out the existing roadway. We have previously discussed overbuilding this roadway in our weekly progress meetings. I am proposing this asphalt overbuild with the understanding that it would improve safety and convenience to the traveling public. As you know, Oaks Boulevard is a highly traveled road. Our plans show that we will have to tear out the roadway from Immokalee Road to 24~' Avenue NW, and construct it to a higher elevation. Due to this grade change, the new limerock base and paving could take up to three weeks to complete. Tlxis is three weeks that the road would have to be closed to through trafftc. Since this is impractical and would be inconvenient for the traveling public, an asphalt overbuild is a practical alternative. Overbuilding with asphalt would allow us to keep the roadway open. ConstrucQon would consist of placing lil~ of Type S asphalt to the proposed elevation. During the paving operations, traffic could be maintained through the use ot'flagmen. Paving would take t~vo days due to the depth of the asphalt and the need for the asphalt to cool sulTtciently. At the en.._~d of each pa~ng d.ay, the..r. cla.~.could be te~.~_~ and trafflq restored. APAC-Florida has taken elevation shots on the existing roadway to determine the asphalt that would be required to complete this overbuild operation. Enclosed please find an average end area calculation for the volume and tonnage of the asphalt that would be required. According to our calculation, 55B.48 tons of asphalt would be required. Since we do not have an asphalt tonnage item in our contract, a new pay item would have to be established. The Florida Department of Transportation Pay Item Number 331-2 would be the applicable pay item. Our price to complete this work is as follows: (Overbuild) 559 TN x $48.20 = k $26,943.80 I have included a recent Florida Department of Transportation "Construction Contract History" as backup for out pricing. Our price is above the average price, but well below the established high bid price, Please review and let me know fithis is an acceptable alternative. When faced ~ith the option of closing the roadway, and the safety issues involved, the asphalt overbuild would be a real benefit to the project. Sincerely, AP~C-Florida, Inc. ~d L.'S s,~Prdict Manager File: 2573 P.O. Box 60219, Fort Myer% Florida 33906 14299 Al~o Road, Fort Myers, Florida 33913 TEL: (941) 267-7767 FAX: (941) 26%1336 A(3Emarm ~M NO. FEB 2 7 2001 Station 600.00 Co~n.To Exist. 650.00 700.00 750.00 800.00 PGL P.V.I. 850.00 895.00 Beg.50'Rad. 900.00 935.00 945.00 PGL P.V.I. 971.00 PGL P.V.I. Fin. Grd. Asph.Thick. Exlst. Grd. · DisL · Fin. Grd. Asph.Thick. Exlst. Grd. . Dist. F'm. Grd. Asph.Thick. Exlst, Grd. - Dist. + Fin. Grd. Asph.Thick. Exlst. Grd. - DisL + Fin. Ord. Asph.Thick. ExlsLGrd. - DisL + Fin,Ord. Asph.Thick. ExlsLGrd. - DisL + Fin. Ord. Asph.Thlck. Exlst. Grd. - Dist. + Fin.Grd. Asph.Thick. Exlst. Grd. - Dist. + C.R.646 A~phalt Overbuild - Oaks Blvd. Apac - Florida. Inc. Job III 2573 PGL C/t. ConsL ExlaLLLEP RtEP 13.08 13.42 13.07 0.00 0.00 0.00 13.08 13.42 13.07 -34.00 -22.00 -10.00 -0.O2O 13.56 13.76 13.52 0.29 0.17 0.23 13.02 13.34 13.04 -34.00 -22.00 -10.00 -0.020 14.04 14.09 13.85 0.64 0.36 0.45 13.15 13.48 13.15 -34.00 -22.00 -10.00 -0.020 14.52 14.43 14.19 1.02 0.60 0.72 13.25 13.58 13.22 -34.00 -22.00 -10.00 -0.020 15.00 14.76 14.52 1.38 0.80 0.99 13.37 13.71 13.28 -34.00 -22.00 -10.00 .0.020 15.28 15.04 14.80 1.58 1.00 1.10 13.45 13.79 13.45 -34.00 -22.00 -10.00 -0,020 15,53 15.29 15.05 1.66 1.10 1.17 13.62 13.94 13.63 -34.00 -22,00 -10.00 -0.020 15.56 15.35 15.15 1.67 1.14 1.25 13.64 13.96 13.65 -34.00 -22.00 -7.00 Fin. Grd. 15.76 15.76 15.74 15.75 Asph.Thick. 1.45 1.40 1.05 1.47 Exlst. Grd. 14.06 14.11 14.44 14.03 - Dist. + -36.00 -34.00 -22.00 -6.00 Fin. Grd. 15.81 15.82 15.85 15,93 Asph.Thick. 1.44 1.31 0,99 1.41 Exlst. Grd. t4.12 14.26 14.61 14.27 - Dist. + -39.00 -34.00 °22.00 -6.00 F[n. Grd. 16.53 16.47 16.50 15.64 Asph.Thick. 1.93 1.43 1.20 0.59 Exlst. Grd. 14.35 14.79 15.05 14.80 - Dist. + -54.00 -34.00 -22.00 -2.00 Asphalt Overbuild 8,377,13 Cu.Ft. Surface Area Sq. Ft. Overbuild End Area Sq. Ft. 6.44 11.60 18.64 25.36 29.46 31.52 34.79' 37.72 39.92 67,2B 310,26 558.48 1,069.44 Overbuild Volume Cu. Ft. 136.00 426.00 75~.00 1100.00 1370.48 1372.t3 165,78 1268.86 388.21 1393.66 8,377.13 :u.Yd. 'OFI$ AGENO'A ~'TEM ,,.. FEB 2 7 2001 Pg. ,~ F~B 27 2ore pg. ~ FEB 01 '01 09:43 FR RPRC FT-MYER$ PLH ;'~, :o, ~.~..~o ~u =,,-' ...... APAC-Florida, Inc. AN EQUAL OPPORTUNITY EMPLOYER TEL: (941)267-7767 FAX: (g41)267-1336 FAX TRANSMITTAL 1'o: Mark Beaverson Johnson Engineering Frorot Frank Gore Fax: 941-267-1336 Pages: 2 Phoee= 941-267-7767 Date: 2/1/01 Re: Immokalee Reed 4 Lane Pro'jec~ [] Urgent [] For Review [] Plaeze Comment [] Please Reply [] Please Recycle If you have any problems receiving this bansmittal. please call at 941 267-7767. · Comments: ldad~ Attached please find a quote from Smith Fence to furnish and install fearing at east enby Gulf Coast High School. To their price I have added the appropriate 10% mark.up end 1.5% bond cost for a total of $999,27. Please issue APAC a Change Order for the above work. NOTICE OF CONFIDENTIALITY This facsln'~e may contain Infor'matJon that I~ pl~vl~e9ed and c,~dental end/or e~empt f~ ~d~e u~ ~ble ~w. ~ ~s~i~ is ~e~ ~ ~ ~ ~dN~u~ ~ en6~ d~t~ ~. If ~ are not ~ ~ ~ent. ~ ~ ~o~ ~ ~nt ms~lble f~ deli~d~ ~t ~ ~ ~n~ ~m. ~ ~ ~e~ ~[ e~ die~ ~ ~ use of ~ ~l~ I~ ~_~_s~y.~ If~ have m~ ~s f~ ~ ~. ~e ~t~ ~ ~ se~er ~ telep~. MAILING ADDRESS: PO Box 60219 ~..F~ Mym-~, FL 3.190~ FEB 2 7 2001 FL I~rors. FIor~a 33~11 FA~S_IMILE TRANiMI~$ION_COVE~ LETTER Date: To: ,, ~A0/~,LORIDA (company) Attention: Hec~o~ QUOTE: Fenc[nE'O Gulf Coa~ ~t~h School ~st ~try '( 1 9apes, Including From: leith P, 0a~enter $mtth Fence Company of Ft. Myere, Inc, Post Office Box 6925 'Ft. Myers, Fb 33911-6925 Tel: 941-772-2100 Fax: 941-772-2128 ~UOTE~ l~rnish &[Nstall fencing as per ~he follow£ng: * Install new ~a~e ~os~s & ~er~[nals ~ East entry to East Coast High School (to ~a£nta~n aecur~y). * Remove existing fence -~ates-~ materials No. I [/~ !0 /~ FEB 2 ? 2001 // APAC-Florida, Inc. ,aN EQUAL OPPORTUNrTY EMPLOYER TEL: (941)267-7767 FAX: (941)267-1336 FAX TRANSMITTAL To: Mark Beav~son Johnson Engineering Fr~m: Frank Gore F~.. 941-267-1336 Pages: 1 Phene: 941-267-7767 Date= 1/30/01 Re: Immokalee Road 4 Lane Project [] Urgent [--J For Review [] Please Comment [] Please Reply [] Please Recycle If you have any problems receiving this transmittal, please call at 941 267-7767. a Comm~t~.' Mark: Below is our price !or Typ~ 'A' Curb which you requested. A,oproximately 40 LF ~ $16.50/LF = $660.00. If you have any questions. please conrad me. NOTICE OF CONFIDENTIALITY 'l~is facsimile n,~y c13~laln I~[orma~oll that i~ ~vil~ed 8~ ~ ~ exit f~ ~ u~er ~e ~w. ~s ~ ~nt ~e for del~ k to ~ ~ md~enL ~ s~d ~em~ ~t ~ ~ls~. ~ ~ ~ of ~ by ~. MAILING ADDRESS: PO Box 60219 - Ft My~. FL 33906 lie AGENpA FEB 2 7 2001 PO,, .... ** TOTRL PP, GE.01 ** APAC-Florida, Inc. AN EQUAL OPPORTUNITY EMPLOYER TEL: (941)267-7767 FAX: (941)267-1336 FAX TRANSMITTAL 1'o: Mark Beaversort Johnson Engineer~ng From: Frank Gore f=__x=' 941-267-1336 Pages: :2 Phone=. 941-267-7767 Date: 1/29101 Re: Immokalee Road 4 Lane Project CC: [] U~lent [] For Review r-] Please Comment r-I Please Reply [-1 Please Recycle If you have any problems rece;ving this transmittal, please callat 941 267-7767. · Comments: At,ached please find a price from Mid Conlinent Electric to remove one Light Pole, one Pull Box and Wire from Gulf Coast High School parking lot and transport same to school district storage facility. If you agree with the p;ice, please add the appropriate APAC 10% Mark Up and 1.5% Bond cosl and issue a Change Order. If you have any questions, or need additional intormation please contact me. NOTICE OF CONFIDENTIALITY This f'acslmJle !~y Cortt~ ~l'or~atJo~l t~tat is privileged and cg:~n'~J a~d/or ex~-npt ~ disclosure u~der appacable law. ~ transmission ~s intended solely for the Irdlvlcluai or en~/der, kj~ated .,bove. If y~xJ ~'~ not U"m h'~.KI r~lp;e~l, or the employee or agent rerqx~s~l)le for delivering It to the intended redpient. you sheukl u~'x~tand I~at any dis~bution. c~pying or I~e of the infonmation is uneuthedzed and $~ctlv rxohlbited. If you have received ~s facsimile in enor. please Immediately notify ~he sender MAILING ADDRESS; PO Bo~60219 - Ft Myem, FL 't3g06 No.AG E N/li~ ']]~M~ FEB 2 7 2001 Pa9e 2 Microwave Detection Phase 2 Intersections after milling; Logan b $ 7.540.80 Can~llon ' u 7.540.80 Total Pha~'~ 2 $15.081.§0 Please forward our proposal onto the owner for approval and 'keep in mind procurement time needed for the units Is fwo weeks. Doug Mcintyre President Cc: Jim Smith FEB 2 7 2001 DEC 87 '80 10:44 kK Hr'~C FT-MYE~ rUH APAC-Florlda, Inc. AN EQUAL OPPORTUNITY' EMPLOYER TEL: (941)267-7767 FAX: (941)267-1336 FAX TRANSMITTAL Ta: Ma~ Beave~'-=on Johnson Engineering From= Frank lax: 941-267-1336 Pages: 2 Phone: 941-267-7767 Date: 12/7/00 Re: Irnmokalee Road 4 Lane Project CC: I-~ Urgent [] For Review [] Please Comment D Please Reply [] Please If you have any problems receiving th~s transmittal, please call at 941 267-77§7. · Comments: Attached please find letter from Mid Continent ElectfiG with prices for additional items. To the;r prices I have addeel our ma~ up of 10% plus 1.5% bond cost If you need addifior~al information. please cont~c~ me. NOTICE OF CONFIDENTIALITY This facsimile may contain inlormation that I~ p~vlleged e~d conl~enlJa~ and/or exempt from ~ura urn:let Gppficable law. This transmission is inter~Jed ~ for the individual or entity designsled M:x~ve. ~ you are not l~w hter~ed redpien~. or It~ employee ~ agent responsible for der, wring it to the intended recll:~e~t. you should un~emtand ~"~a! eny diM~ibution. copying or use of ~ I~fon~a~n is unaulho~zed and strictly omt~;t~ted. I(you have received lh~ facsimile in end'. p~ase tmmedlel¢ly notify ~ render by taiept~me. MAJUNG ADDRESS.' PO i~ox 60219 - Ft M~mm, FL 339~6 A~EI~Dj~/I M~ FEB 2 7 2001 APAC - Florida, Inc. P.O. Box 60219 Fort Myers, FL 33906 94,1-26'7-'7'76'7 Fax 941-267-1336 NAPLF_S, I~.OfqlOA 3A1~ December4,2000 Subject: Pricing for revised I.igl:rdng and Signalizadon Quantifies Re.Cet e.qce: A.PAC lOB: 2573 location: Immokalee Road County: Collier De~r Frauk: The following m the prices for the additional {terns you r~uest~d. Pay item 659-107, Aluminum Pedestal Iea S395.00, 715-411-230A l. nst~ liSZt pole, foundation, 15' bracket arm and luminaries 15 $1944.00 ca. And 7I 5-5-51 coordimue removal of FPL light ~m.ues lump sum 5'2100.00. If you have any f'u~uer questions, please don't bemit~te to call. Siuc~ely, David Hills ~.~,.~ ~/,. ~ Project Ms.u~ser File: 5316 PHONE {941) 643-0266 J:~C I~ 'Bi~ 1{,:46 FEB 2 ? 2001 FAX (941) 643-5F PROE. 0~ ** TOT~J- PRGE.02 ** APAC-Florida; Sarasota Division; Ft. Myers Branch 14860 Six Mile Cypress Parkway Ft. Myers, Florida 33912 941-481-2350 941-481-9131 (FAX) Letter of Transmittal [ D~=AC Job: 2573 ate: 01/09/01 To; Mark Beaverson Johnson Engineering From: Copy to: Re: FrankGore Immokalee Road 4 Lane ProJect Via: [] U.S. Mail [] Courier ["']Federal Express [] UPS {~Other We are sending the following items:[] Attached [] Under Separate Cover [] Shop drawings [] Prints [] Plans [] Samples [] Specs [] Copy of Letter [] Change Order [] Other .L.COPi'ES DATE NO. DESCRIPTION 11/13/00 Bid Schedule Sidewalk Relocation !~ For Approval [] Approved as Noted [] Copies for Approval ~ [] As Requested [] Approved as Submitted [] Copies for Distribution [] For Your Use [] Returned for Corrections [] Corrected Prints ~ [] For Review and Comment [] For Bids Due ~ [] Prints Returned After Loan To Us [] Other ~ Comments: NoAGEI~% FEB 2 7 2001 -\ pg. /~ I Name: BID SCHEDULE SIDEWALK RELOCATION 11113/00 IMMOKALEE ROAD WIDENING PHASE II 1-75 TO CR 951 COUNTY PROJECT NO. 69101 ADDITIONAL QUANTITIES Sidewalk Relocation Estimated Item No. .Description Quantity Units Unit Price Amount 110-1-1 CLEARING AND GRUBBING 1 LS 120-6 EMBANKMENT 8,466 CY 400-1-11 CLASS I CONCRETE (RETAINING WALLS) * 5 CY 425-1-901 INLETS (DITCH BO'FI'OM)(Type 'X') 2 EA 430-962-220 PVC PIPE CULVERT (10") 200 LF 515-1-2 PIPE HANDRAIL (2RAIL)* 20 LF 522-1 CONCRETE SIDEWALK (4") 3,798 - - ~NCF (~' 570-5 FERTILIZER 570-9 WATER FOR GRASS 575-1-1 SODDING (BAHIA) 580-327-2 RELOCATE TREES .-10~-- 0.6 39 6507 8 SUB TOTAL DEDUCTIONS 522-1 CONCRETE SIDEWALK (4") 3,870 CONTINGENCY ITEMS SIDEWALK RELOCATION Page I s:~1969~8999~B~Bid Sch Sidewalk Relo.xts FEB 05 '0! 09:~9 FR ~RC FT-MY6R$ FLR 94! 267 ~336 lO 95~373Y~ -;~ ~ TX C~:~TI~ RE'I~RT ~ 1~5 ~ ~)EC ~ ~ 2?:24 ~ FT-I~RS FL~ DRTE 1' I PIE TO/FRI~el Ifi0DE PII ~/~C PGS C~)= STI~IT~ 12/~ 17:;~3 ~41 .593 ~ EC--5 e0'32' ~ ~ OK AN EQUAl. OPPORYUN?'Y EIVlPI. O YER TEl.: (~1,1)267-T76~' F/~ i941)287-1336 FAX I'!~U~SMITTAL T~ ~ ~eave~o~ ~ ~ Fmw~ Fm~. Go~ F.~ 941-267.1336 Pales; 2 Phe~ee 941.267-7757 la~: 12/5/00 le~ Immokelee Road 4 Lane Project ~¢.' _ If y~J have a~y problem( meedring this transmil~II, plem~e call at 941 267.7767, ~ i~ · [e~te~ I~ ~ ~i~ elegiac wt~ ~ i~ce for U~e 1'o the;~ Ixiae el' S1.~.20 1 ha~ a,~deo APA~s 10'/. m~ an~ 1.5% ~ ca~ Im· t~ ~ ef S2.104.~ If you nee~ ae~onal ~io~ ~ ~s subject pleare // No. / FEB 2 7 2001 APAC-Florida, Inc. AN EQUAL OPPORTUNITY EMPLOYER TEL: (941)267-7767 FAX: (941)267-1336 FAX TRANSMrrrAL To: Mark Beaverson Johnson Engineering From: Frank Gore Fax: 941-267-1336 Page,: 2 Phe~m 941-267-7 67 Date: 12/5/00 Re'. Immokalee Road 4 Lane Project C¢: [] Urgent [] For Review [] Please Comment [] Please Reply [~ Please Recycle If you have any problems receiving this transmittal. please callat 941 267-7767, · Comments: Attached is a leRer from Mid Continent electrfc with their price for the Microwave Sensors which we discussed In our meellng 1oday. To their price of $1,885.20 I have addeel APAC's 10% markup and 1.5% bond cost for a total price of $2,104.83 each. ~f you need additional information on this $ubjecl, please contact me. _NOTICE OF CONFIDENTIALITY This facsimile m~,¥ contain infom~al;on the! is privileged and c~nfldenl~al ariel/or exempt from olr, dosure ~ aPl:4icab~e law. This lmnsrr~sr~on is intended solely for the incl~viduad or errlily designated above. If y~u are not the intertried recip~ent, or Ihe eml~oyee or agent responr~ible (or delivenng I! to the intended recipient, you ~hould undemlarxJ that any d',s',dbution. copying or use of the Informalion is unauthorized and strictN Prohibited. If you have raceNed this facslrnae in error, please irn~'~3'lalely notify the sende~ by lalephone. MAJUNG N3DRESS: PO Box ~0219 - Ft Myem, FL 33905 AG FEB 2 7 2001 · FEB 85 '01 09:19 FR APAC FT-MYERS FLA 941 ~67 1536 TO 959373?5 P.03x04 Mr. Frank Gore APAC - l~lorida, Inc. P.O. Box 602~9 Fort Myers, FL 33906 941-269-7767 Fax 941-267-1336 NAPLES. FLORIOA ~31 December 4, 2000 'Subjc~t: Reference: lmmokidc¢ Road Microwave Detection for Si~]llization MCE #$316 Dear Frank: APAC JOB: 2573 Location: immokalee Road County: Collier I am writing this letter, per your requast, for pricing to install Microwave detection on Immokalee Road. We propose installing Microwave Sensors unit model nurnbcr TC26B. With this unit, all changes in MOT can easily be accommodated by simply tealming ~he device for each shift in Uaffic. Total Each Traffic Movement $1,885.20 +~P/,~. /d.~ -'/' /, .~'~' /3o,,~ = ~./~'"~. ~'~ .~',,,~,'/ If you havc nny further questions. please don't hesitate to call, Sincerely, David Hills Proje~ Manager File: 5316 PHONE (941) 643-0266 DEC 05 ' 80 1,~: ,49 FEB 2 7 2001 FAX (94~) $43.582~ 4586 PROGRESS AVENL NAPLES, FLORIDA 341( ROADWAY SIGNING - AIRI~RT LIGEtTING - GUARDRAIL ~RAr!_. - LANDSCAPE LIGHTING FAX TRANSMITTAL ATTENTION:_ F ~,, "~ ~ ~ ~ c~ d". PAGES (INCLUDING COVER PAGE) DEC 1~5 '1~ ~I~A~ ~, ff YOU ~ ~ ~ ~ ~. ~ ~ ~ ~ A~ ~S~Sm~ FOR o~ ~T TO ~ ~ ~, YOU S~O ~T~ ~T ~ D~W. C~G ~ USE ~ ~ ~O~ON PHO~ ~ER (941) ~3-0266 ~~ ESTI~~G FAX ~ER (941 ) ~3-58 p~. ~ ** TOTIAL F:~GE.04 EXECUTIVE SUMMARY RECOMMENDATION TO EXTEND CONTRACT #98-2821, CONTRACTUAL SERVICES FOR TRAFFIC SIGNALS AND STREET LIGHTS. OBJECTIVE: To preserve contractual services for the maintenance of traffic signals and street lights for the safety of the citizens of Collier County for an additional period of sixty days. CONSIDERATIONS: 1. Contract 4/98-2821 was extended ninety days, through February 28, 2001, in order to give staff an opportunity to research bids and requests for proposals for these services. Through its research, staff has determined that the best interests of Collier County would be served by "piggy-backing" other Florida County contracts for street light maintenance and for the installation and maintenance of traffic signals. Another sixty days extension of Contract g98-2821 is required in order to obtain the required paperwork and approval of the Board of County Commissioners to establish the contracts for use by Collier County. .~-~FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board approve the extension of Contract g98-2821 for Contractual Services for Traffic Signals and Street Lights for a period of sixty days, through to April 30, 2001. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Dale A. Bathon, P.E., Traffic Operations Manager Ste~ ¥~Car~11,i~ qhasing Director Edw~d J~:~ ansponation Operations Director NovOn E. Feder, AICP, Transpotation Division Administrator DATE DATE:.,7 DATE: ~ -/J~-O / FEB 2 7 2001 EXECUTIVE SUMMARY APPROVAL OF STAFF SELECTION OF PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES FIRMS AND AUTHORIZATION TO NEGOTIATE AND AWARD AGREEMENTS TO SAME FOR FIXED-TERM PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES (RFP #00-3131). OBJECTIVE: To establish agreements with several professional landscape architectural 'firms for annual contracts. CONSIDERATIONS: Annual contracts for a variety of professional services have been utilized as authorized by the Board of County Commissioners for the past several years. Staff recommends awarding fixed-term contracts for professional landscape architectural services firms for a one (1) year contract with two (2), one-year renewal options, in accordance with County Purchasing Policy. RFP #00-3131 was advertised on August 29, 2000. There were 51 inquiries sent, and 12 vendors requested the full package. Seven vendors returned their RFP submittal by the RFP due date of October 6, 2000 at 3 P.M.. A staff Selection Committee was authorized to review, evaluate and rank proposals from the landscape architecture firms. By consensus of the selection committee, six firms were accepted, and one firm was not accepted. The non-acceptance was due to inconsistencies in the RFP proposal and deficiencies in previous work performed for the County. The seventh firm originally protested this decision, however, that protest has been withdrawn. The accepted firms are: 2. 3. 4. 5. 6. A. Gail Boorman & Associates IBIS J. Roland Lieber, pa, Landscape Architects McGee & Associates, Inc. Outside Productions, Inc. Wilson Miller, Inc. ~..~.~. FISCAL IMPACT: Funding for Landscape Architectural Services under these agreements ! ~shall be r~rovided bv each user Division, and contracted by a Work Order and Purchase Order X,,)I funded b~the using ~tgency. ~ GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the selection of six landscape architectural firms, and authorize staff to negotiate, and the Chairman to execute fixed- term agreements with these six firms after review by the County Attorney. AGENDa, ITEM FEB 2 7 2001 Robert Petersen, Engineer II, Landscape Operations REVIEWED BY: I~/,; ~as~ ,Camell, Step ;7 hasin tor REVIEWED BY: z" ~~ '~z':.~ Operations Edwardfl. Director . K ~a~trA, P.( !~ ,?T~. 'sportation N/o/a~ E. Feder, AICP, Transportation Administrator DATE: DATE."? ~" o? DATE: FF_.(~ 2 7 2001 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PROVIDE FUNDS TO THE LELY GOLF ESTATES MUNICIPAL SERVICES TAXING UNIT (MSTU) BEAUTIFICATION FUND. OBJECTIVE: To make available Carry-Forward funds for beautification improvements within the Lely Golf Estates MSTU. CONSIDERATION: Funds are necessary and will be utilized for additional beautification maintenance improvements within the MSTU. FISCAL IMPACT: There are unspent funds in the amount of $6,287 from FY '00. A Budget Amendment will be needed to recognize these funds as additional carry forward in FY '01 in the Lely Beautification Fund 152. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve a budget amendment to make funds available for the Lely Golf Estates Beautification fund. SUBMITTED BY:¢'~C"~"' 4_.~." ~_z z.t-z c__ Bob Petersen, Engineer II, La¢sc?~.pe Operations EdwaCd 5/Kant,-R~:~Epo~ation Operations Director--" Date: REVEIWED BY: APPROVED BY: FEB 2 7 2001 ..... EXECUTIVE SUMMARY REQUEST FOR SPEED LIMIT REDUCTION FROM 30 MILES PER HOUR (30 MPH) TO TWENTY FIVE MILES PER HOtJR (25 MPH) 1N GOODLAND. OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction for all local access streets in Goodland currently posted at 30 Miles Per Hour. CONSIDERa, TIONS: 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 Goodland area (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. Residents regard this area as a walking community. Resolution 96-340 (Attachment #2), adopted on August 6, 1996, provides for a reduction of speed limits based on StafFs recommendation, a citizens' petition (Attachment #3), Board approval, and subject to availability of adequate monetary and personnel resources. ~A__~.L IMPACT: The estimated cost of installing the necessary speed limit signs is $400.00. Funds are available in the Road and Bridge Fund (101). GRO~,VTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve reducing the speed limit in Goodland as shown in the attachment, and authorize staff to erect the appropriate traffic control signs. SUBMITTED BY: Geral&Morris,~oj ect Manager ~r~ J. Hellrie~ P. ,~~ Project Manager Edx'v~d J.~anCPfiS.:~portation Se.'ices Director APPROVED BY: No~ E, Feder, AICP. Transportation AdminisWator Attachments: ~1 Area Map ~! ResolutiOn 96-340 ~3 Community Petition DATE: DATE: DATE: ),O D~ FEB 2 7 2(101 FE~ 2 7 2001 RESOLUTION NO. 96- ~40 RESOLUTION TO AUTHORIZE REDUCTIONS OF SPEED LIMITS TO TWENTY FIVE MILES PER HOUR (25 MPH) ON DESIGNATED PLATTED LOCAL RESIDENTIAL SUBDIVISION ROADWAYS THAT ARE THEN DEDICATED TO PUBLIC USE WITHIN COLLIER COUNTY, SUBJECT TO MANDATORY PREREQUISITES. FEB 2 7 2001 WHEREAS, Section 316, Florida statutes, and Collier County Ordinance No. 91-25 authorizes the Board of County commissioners to alter or establish speed limits on roads under its Jurisdiction; and WHEREAS, many local subdivision roadways fall under the jurisdiction of the Board of County commissioners; and WHEREAS, in accordance with section 316, Florida Statutes, and Collier County Ordinance No. 91-25, many local platted residential subdivision roadways are constructed with lane widths In anticipation of accommodating only low traffic volumes traveling at low speeds; and WHEREAS, the Board of County commissioners has set precedents bV establishing a 25 MPH speed limit on many of the platted local residential subdivision roadways within Collier County; and WHEREAS, public notification has been advertised two (2) weeks prior to the Collier County Board of County Commissioners' Public meetings held to consider the proposed speed limit reductions to 25 MPH; and WHEREAS, inspections promulgated by requests of citizens to lower the speed limits within residential areas have recently confirmed that many of the roadways within older subdivisions In the County have been constructed below the current County subdivision standards and which roads are utilized concurrently by vehicles, pedestrians, and cyclists, and which roads have been constructed for only low-volume, low-speed travel; THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that Speed limits on roads may be lowered, when determined by the County's Transportation Department to be warranted, to 25 MPH on the platted and accepted local subdivision roadways, Implementation of those speed zones by the Transportation Department shall be subject in each instance to having received a citizens' petition meeting county requirements and requesting same, in accordance with engineering studies, gaining Board of County Commissioner approval, and subject to availability of adequate monetary and personnel resources. The effective date of each speed limit reduction by road segment shall not be until a) Board of County commission approval; and b) Posting of appropriate speed limit signage; and c) Written notification of each such speed limit reduction has been delivered to the Collier County Sherlff's Office. The County's Transportation Department will review each respective residential roadway upon receiving a citizens' petition for such action from the residents requesting that the respective speed limit be lowered. After the completion of traffic engineering studies as then required by Florida Statutes and/or Collier County Ordinance, the Collier County Transportation Department will make its recommendation and the Board of County Commission will ~ake action to deny the request, or to approve the request and authorize the Transportation Department to commence lowering the respective speed limits, subject to providing written notification of each Such reduction to the Collier County Sherlff's office. Authorization is hereby given to the County's Transportation Department to erect appropriate speed limit signs In accordance with each respective speed limit reduction caused pursuant to this Resolution, and In accordance with Section 316, Florida Statutes, and with Collier County Ordinance No. 91- 25, as then amended. Notwithstanding any other provision herein, speed limits shall remain ~at thirty miles per hour (30 MPH) on local subdivision roadways with areas of Collier county now or hereafter platted as ~The Golden Gate Estates~, and also on all roadways then platted or then accepted as 'local county roadways~ provided such roads are neither within a subdivision nor are then subject to the establishment of different speed limits in accordance with applicable Florida Statutes and/or with County Ordinance NO. 91-25, as then amended. The Clerk to the Board shall provide a true copy of this resolution to the Collier County Sherlff's Office. THIS RESOLUTION ADOPTED THIS MOTION, SECOND AND MAJORITY VOTE. AI-I'EST: DWIGHT E. BROCK, CLERK GFA/nf:8/7/96 (Revised per Board Direction 8/6/96) DAY OF ~.~_~, 1996, AFTER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA HN C. NORRI ,S,S,S,S~CHAIRMAN FEB 2 7 200:~ t Pg. FEB--02--81 FRI 18:59 AM GOODTIMES PROPERTIES INC 1 +941 +389+0255 P.02 PETITION TO LOWER SPEED LIMIT TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS, JANUARY, 2001 I, THE UNDERSIGNED, AM INTERESTED IN LOWERING THE SPEED LIMIT FROM 30mph TO 20mph IN THE VILLAGE OF GOODLAND. THIS IS A WALKING COMMLFN1TY. WE DO NOT HAVE WALKING/BIKE PATHS. I AM INTERESTED IN LOWERING THE SPEED LIMIT FOR THE SAFETY OF THE RESIDENTS OF THE VILLAGE OF GOODLAND. NAME(SIGN & PRINT) ADDRESS PHONE FEte--02--01 FRI 10 :58 AM ~00~TIME~ PROPERTIEs I~C 01 F~ _~ ~/0: 23 FEI~--02--~)l FRI I 1:00 AM GOOI~TIMES PROPERTIES INC 1+941+389+0255 FEB--02--01 FRI 11:01 AM GOODTIMES ; PROPERTIES INC 1+941+~9+0255 ?/o hZ+ /f P.04 FEB--02--01 FRI 11 ~0~ AM GOOdTiMES. PROP£RTiE~ P-05 FEB 2 7 2001 FEB--F~2--81 FR I 11 '0~ AM GOODTIMES PROPERTIES INC I +941 P.06 EXECUTIVE SUMMARY RECOMMENDATION THP~T THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SHORT LIST FROM RFP #00-3152 FOR AN ENVIRONMENTAL CONSULTANT FOR CLAM BAY RESTORATION AND AUTHORIZE STAFF TO NEGOATIATE WITH THE TOP RANKED FIRM OBJECTIVE: To approve the short list from RFP #00-3152 for Environmental Consultant for Clam Bay Restoration and authorize staff to negotiate with the top ranked firm. CONSIDERATIONS: On December 8, 2000 RFP #00-3152 for Environmental Consultant for Clam Bay Restoration was posted. One hundred and seventy five (175) notices were sent with thirty-one (31) finns requesting full packages. The Proposals were opened on January 5, 2001 with two finns responding. A meeting of the Selection Committee was held and by consensus they approved a short list. Staff requests that the Board of County Commissioners approve the short listed firms of Turrell and Associates, Inc. and Hans Wilson and Associates, Inc. and that Staff be authorized to negotiate xvith the top tanked firm. FISCAL IMPACT: Fiscal Impact will be determined after the negotiations with the top ranked finn with funds available in Clam Bay Operating Budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the short list from RFP #00-3 152 for Environmental Consultant for Clam Bay Restoration and that Staff DATE: ~2'// . / be authorized to negotiate with the top ranked finn. i~REPARED BY:'--R~?%-d-,"/ //~f/*_.x~/,:.~ J~mes P. Ward ~' ~' /Department Director REVIEWED BY: .~ ~1 4' k...e~' '/ ~/,~ /-DATE: "- Steve ~,,,a.mell" Pur,c&4sm, g Dire~!,or APPROVED BY: ,/27'/~~ "z:' . DATE-/-'' ['- £d~v~rd J/¥,.a,ut;-~"J~ rector *ran,po tio, O/Aa.,,ions · '? ,,..½'., . APPROVED BY: //~,~,,~'? 7f~:..:--- DATE: 2 Norn}fin Feder, AICP, Administrator TranSportation Division FEB '2 7 2001 EXECUTIVE SUMMARY REQUEST BOARD DIRECTION TO ESTABLISH A PROPOSED LWINGSTON ROAD BEAUTIFICATION MSTU OBJECTIVE: To follow up on prior Public Petition requesting that the Board of County Commissioners establish a Municipal Services Taxing Unit (MSTU) for the purpose of upgrading Livingston Road landscape improvements. CONSIDERATIONS: On Dec. 12, 2000, the Board heard a Public Petition (Agenda Item 7A, Attachment No. 1) requesting that staff be directed to work with interested property owners along the Livingston Road corridor to establish an MSTU for the purpose of enhancing the landscape improvements along that corridor. Staff has met with Mr. Neil Dorrill, the property owners' representative and has determined that the formation of an MSTU is viable. There are several issues that need to be resolved including, but not necessarily limited to, determining the limits of the MSTU boundaries, participation formulae, desired level of landscaping vs. minimum level as a base, etc. At this time, staff is requesting approval to work with the interested property owners and their representative(s) to resolve the foregoing issues. After the boundaries and initial estimated costs have been determined, staff will return to the Board to request approval and to proceed to the next step. FISCAL IMPACT: None at this time. Existing staff and staff resources will be used to make the initial boundary determination, land values and initial recommended participation formulae. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That staff be directed to work with interested land owners and th6ir representatives to determine the boundaries of the proposed Livingston Road Beautification MSTU and to return to the Board at a future date)a, ith findings and recommendations for further action. ,~ f ' Edward J. ~ant, PE--;T-Fi'ng~ortation Operations Director APPROVED BY: No(m/an E. Fed~r, AICP, Transportation Administrator Attachments:No. 1 - Agenda Item 7A, December 12, 2000. F£B 27 2001 Pg. / 1 COLLIER COUNTY MANAGER'S OFFICE November 27, 2000 Mr. W. Nell Dordll Dordll Management Group 5645 Strand Boulevard, Suite 3 Naples, FL 34110 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Request for Public Petition to Propose the Future Creatioffof a Livingston Road Taxing District to Construct Improvements Along Livingston Road Dea~~l'tl: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 12, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the VV. Harmon Turner Building (Building "F") of the government complex. Please arrange to be' present at this meeting and to respond to' inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. Ollift~ County Manager TVVO:jeb cc: County Attorney DEC 1 2 2000 Dotrill Management Group November 22, 2000 Mr. Tom Olliff Collier County Manager Collier County' Government 3301 East Tarniami Trail .Naples, Florida 341.12 Re: Livingston Road Public/Private Beautification Dear Mr. Olliff: Two Community groups have formed an effort to make the Livingston Road corridor a fully landscaped and scenic parkway in our community. The Livingston Road Beautification Association and Collier Naplescape have developed concept plans to construct medians, streetscapes and lighting improvements from Radio Road to the County line. Confirming our discussion on October 20, 2000, we would like to appear on the December 12, 2000 County Commission agenda as a public petition to propose the future creation of a Livingston Road taxing district to construct improvements along this important new roadway. If you upon review of the above have any questions please do not hesitate to contact me. s. WND:ss ATTACHMENT NO. /' PAGE _ OF cc: Commissioner Jim Carter, Chairman Susan Watts, Naplescape, Livingston Road Beautification Assoc. A (3E. N D~ ITEM No. -) I~ DEC 1 Z 2000 56°,5 Str,'md Boulevard. Suite#3 · Naples. Florida34110 · tel. 9'~1-592-9115 · f,'tx 9ql-59q-l~,22 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR CONSTRUCTION ENGINEERING INSPECTION CONTRACT TO CONSUL-TECH ENGINEERING, INC. FOR THE WIDENING OF AIRPORT-PULLING ROAD. COLLIER COUNTY PROJECT NO. 62031, CIE NO. 55, RFP # 00-3081 OBJECTIVE: To receive the Boards' approval of a Budget Amendment to transfer $857,739.85 from the Impact Fee District 2 Fund and appropriate in the project for Consul-Tech Engineering, Inc. to perform Construction Engineering Inspection (CEI) for the widening of Airport-Pulling Road (from Pine Ridge Road CR 896 to Vanderbilt Beach Road CR 862). CONSIDERATIONS: On November 14, 2000, the Board approved Agenda Item No. (16) (B) (1) awarding a CEI contract to Consul-Tech Engineering, Inc. in the amount of $857,739.85 for the widening of Airport-Pulling Road (from Pine Ridge Road CR 896 to Vanderbilt Beach Road CR 862). The lowest bid for the roadway construction received from the contractor (Better Roads, Inc.) was $6,784,788.74, which exceeded the amount budgeted for general improvements and the CEI cost combined. A Budget Amendment is needed to transfer $857,739.85 from the Impact Fee District 2 Fund Reserves and appropriate in the project account to cover the CEI contract cost. The Chairman of the Board executed the construction contract on January 9, 2001, and roadway construction is to commence on April 30, 2001. The CEI consultant needs to be on board one month prior to the construction start date (April 30, 2001). Copy of the Professional Services Agreement, Scope of Services and Fees Schedule are attached. (-~ISCAL IMPACT: A Budget Amendment is needed to transfer $857,739.85 from the Impact Fee District 2 Fund Reserves and appropriate in the project. GROWTH MANAGEMENT 1MPACT: This project is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the necessary Budget Amendment and appropriate in the project for Consul-Tech Engineering, Inc. to begin Construction Engineering Inspection Services for the above referenced project. FEB 2 7 200 SUBMITTED BY: A. Nyankadau Korti, M.B.A, Project Manager Transportation Engineering & Construction Management Department REVIEWED BY: ,e~'~"' //~//4~ Date: Steve Miller, P.E., Director Transportation Engineering & Construction Management Department REVIEWED BY: _ ~/7~///~ ' ~ ~ 1Qlitch Riley, P.E., Sr Project Manager Transportation Engineering & Construction Management Department APPROVED BY: 7 ~]tuf vx~'~ '~ Date: N~ Feder, AICP, Transportation Division Administrato(/ FEB 2 7 2001 ¢ .~CHEDULE A - SCOPE OF SERVIC,.o COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COUNTY, FLOR.IDA Introduction Consul-Tech will provide construction engineering and inspection services on Airport- Pulling Road from Pine Ridge Road to Vanderbilt Beach Road include, but are not limited to, inspection, sampling, on-site testing, documentation, and other contract administration services required by Collier County. The project consists of 1.8 miles of urban roadway widening along Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road. Three side s :reets; J & C Boulevard, Trade Center Way and Orange Blossom Drive, will also be included in this construction contract with the most extensive work slated for the improvements along Orange Blossom Drive. A 4.11 acre wet detention pond at the comer of Yarberry Lane and Orange Blossom Drive along with associated ditch and drainage work will also be constructed. The existing roadway is typically a four-lane facility that once widened, will accommodate six lanes. The widening will occur primarily in the median, where turn lanes, and traffic separators will enhance access management along the corridor. The outside widening involves the construction of additional drainage to include dry detention areas, new curb and gutters, sidewalk, adjustments of inlets to the new, elevated grade of the proposed roadway along with landscaping, adjacent and parallel to the C-31 canal. Items Provided by Collier County Collier County shall provide contract administration through the execution of the Construction Contract Documents and shall sign off on document after CTE processes the Contractor's pay requests, change orders, supplemental agreements, shop drawings, and plans/specification changes. Collier County shall provide for sets of construction documents, including plans, specifications and standard conditions. Services Provided by Consul-Tech Contract Administration CTE will take a proactive approach to the management of this contract to assure proper coordination of the activities of all parties involved in accomplishing a successful completion of the project. The Contract Administration services will include: Analyzing construction schedule for realistic logic and attainable -27- ~roduction rates FEB 2 7 200! · SCHEDULE A - SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA · Maintaining complete and accurate records of all activities and events in accordance with procedures · Researching appropriate methods and associated costs of contract changes · Documenting all significant changes to the construction plans on ongoing basis · Preparing supplemental contract documents including necessary back-up · Providing interpretation of the plans, specifications and contract provisions · Measuring of work done and segregating accounting when necessary · Maintaining an adequate level of surveillance of Contractor's activities · Providing a final measurement of all pay items in accordance with Final Estimate standards CTE is aware of the scope of services required by the County on this Contract. Some of the key activities of the management engineering services and our approach to its fulfillment are as follows: In-Depth Review of Contract Documents. CTE will study the construction documents with emphasis placed on the search for possible conflicts and/or need for clarification of the construction documents, as well as setting-up mechanisms to provide clarification or up-front discussions, if necessary. Kick-Off Meeting. CTE will schedule and conduct a kick-off meeting with County personnel prior to the pre-construction meeting. The purpose of this meeting is to create an open forum of discussion of critical aspects of the job and to get to know the key persons associated with it. CTE will request the presence of the County's Public Works construction personnel, public information office, environmental management, maintenance and operations personnel, as well as the engineer of record. Pre-construction Meeting. CTE's Project Engineer will schedule and conduct a pre- construction meeting with the contractor, as well as utility owners and any other agencies involved and/or affected by the proposed construction in addition to the partnering efforts. The pre-construction conference will also serve as the first step to inform the public through the agencies and civic organizations present, of the benefits this project will bring to the community and the motoring public. Scheduling and Submittals. CTE will review the contractor's proposed schedules and will report its findings and recommendations to the County. Upon discussion with the County, any recommendations or objections to the schedules will be given to the Contractor. CTE's Project Engineer will use both Expedition® and Primavera® software to monitor submittals, requests for information, requests for corrective action. and correspondence. A printout of all open items will be attached to the wc ~-hr teA--:-- agenda and its consideration will be a permanent item of the agenda. -28- FEB 2 7' 2001 SCHEDULE A - SCOPE OF SERVIC~_.~ COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA comments stating the reason for non-attainment will be part of the record until activity is finally completed. Daily Recording of Activities. Upon commencement of construction and until final acceptance of the work, CTE will maintain on a daily basis a complete and accurate record of all activities and events related to the project. We will record all the work completed by the Contractor including quantities of pay items using DOT.PAY®, a computer program for the daily tracking of all activities and pay items in the Contract. Communications Log. CTE will maintain a correspondence log properly identifying each piece of correspondence transmitted to and fi'om the Contractor and the County indicating also whether there is a responsibility for an answer and the anticipated time of such answer. Weekly Meetings. CTE's Project Engineer will hold weekly meetings with the Contractor and any involved subcontractor to review the schedule, schedule of submittals, correspondence log, and request for information log and notice of potential cla'un log. These meetings will review the progress, the short-range schedule and work plans. Emphasis will be placed on safety, work progress, shop drawing submittal status, requests for lane closures, night work or any other activity effecting the maintenance of traffic. Quality control, safety in the work place and job progress will be permanent items of the agenda for these weekly meetings. Progress Reports. On a weekly basis, CTE will prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. On a monthly basis, we will report to the County the progress of all major items of work noted in the construction schedule and a status of job progress relative to delinquency, if applicable. Claim Avoidance and Dispute Resolution. Should the contractor file a claim and if the parties cannot agree on a settlement, CTE will prepare a recommendation to the County for final disposal of the claim in accordance with the specifications for this project. Coordination. CTE's Project Engineer will be responsible for maintaining coordination with the County and the Contractor. In addition to utility and agency partnering, we will coordinate, when necessary, with the following entities: · Governmental Agencies: Collier County, Florida Highway Patrol and the South Florida Water Management District. · Utility Companies: Sprint Telephone, Florida Power & Light, Media One, Time Warner and City and County utilities. -29- -- AG A 3CHEDULE A - SCOPE OF SERVIC~..~ COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Permit Compliance. CTE will monitor compliance with permit conditions, particularly ACOE/SFWMD permit that allows for use of their right of way, since it includes conditions for occupying the right of way and emergency measures in case of hurricane or other declared emergency. Information to the Public. CTE will work closely with the County in keeping the motoring public informed well in advance of construction operations, detours, and roadway closures. CTE will develop and maintain a Web Page with information about the project, its progress and any up-coming special events such as detours, lane closures or important milestones. Survey Control Mr. Joseph Boggs, P.L.S., will be the professional responsible for this project. CTE will perform the following verification tasks: · Verify horizontal and vertical control (pre-construction). · Verify existing terrain (pre-construction), check cross-sections 300'. · Pre-construction elevations off-site pond site (25' grid). · Post-constructions cross-sections of pond (25' grid). · Verify layout of baseline. · Spot-check and verification of the location and elevation of drainage structure stake out. · Post-construction cross-sections 300'. · Verify horizontal and vertical control (post-construction). · Miscellaneous tasks (as requested by Project Manager). Engineering Inspection The inspection effort in a project of this magnitude is substantial. CTE has carefully reviewed the plans to determine the anticipated workload considering key inspection activities such as drainage, embankment and concrete. The following sections describe CTE's approach to monitoring the principal construction activities of this project and its estimated workload. Maintenance of Traffic. CTE will pay special attention to the Traffic Control Plan to allow for adequate traffic flow and access to private property without interfering with the construction sequence. Maintenance of traffic will be a permanent item in the weekly meetings agenda and the Contractor's strict adherence to the Manual on -30- FEB 2 7 2001 ,CHEDULE A - SCOPE OF SERVIC_ . COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Control Devices, the Florida Roadway and Traffic Design Standards, as well as the American Traffic Safety Services Association Manuals will be enforced. Drainage. The CEI inspection team will monitor the Contractor's activities to assure compliance with all OSHA requirements including the Trench Excavation Safety Standards, 29 C.F.R., S. 1926.650, Subpart P. The Contractor will be required to restrict access to and provide protection of all excavated areas. The drainage inspector(s) will maintain the density log books as required. Utility Work. Coordination is necessary to guarantee that the utility relocations and/or adjustments are performed without hindering the contractor's effort. CTE will make utility coordination a permanent item of our weekly meetings. Embankment. The work specified in the contract consists of approximately 97,600 CY of excavation and 25,600 CY of embankment. The CTE inspection team will keep adequate records to provide daily reports of the construction and to assist in the monthly progress estimates. These records will include the identification of imported materials and its certification of origin. The firfished roadway embankment will be checked for grade. Stabilization and Base. The CTE inspection team will keep adequate records to provide daily reports of the construction and to assist in the preparation of monthly progress estimates. These records will include the identification of imported materials and its certification of origin. The finished roadway base will be checked for grade, straight- edge, plan and profile. Asphalt Paving. Prior to starting paving operations, our inspectors will inspect the contractor's equipment against the certified equipment lists provided. They will also confirm that the Contractor's Certified Paving Technician is on site. After it has been determined that the asphalt is acceptable the inspector will proceed with checking the temperature for compliance with the Specifications. Upon confirmation, the paving operation will be allowed to proceed. The first five trucks will be checked in this manner and then a minimum of one out of every five successive trucks will continue to be checked. He will also monitor the rolling and compaction efforts following the asphalt paving. Signs. CTE will verify for compliance'with approved shop drawings, project plans, and Roadway and Traffic Design Standards, 1994, and interim thereto. Our CEI inspector will monitor concrete placement in relation to signs and posts and will arrange for off-site inspection of signs. ~£N~A r~M., .o., FEg 2 ? 2001 3CHEDULE A - SCOPE OF SERVIC ., COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Worksite Safety. CTE will take a proactive approach toward the safety of the personnel assigned to the work area, starting with our own: our employees receive worksite safety, OSHA and defensive driving training. Safety at the work place will be a permanent item in the weekly progress meeting agenda to discuss safety procedures at the work place. Laboratory Testing. CTE will provide through Ardaman & Associate, Inc., its subconsultant, laboratory testing of materials in accordance with County specifications. The following tests are anticipated: · Strength tests for structural concrete. · LBR for stabilization and limerock. · Verification of limerock liquid limits and carbonates. Proctor tests. · Ph and organic testing for top soil verification. · Bulk specific gravity for asphalt mix control strips. Random extraction gradation for asphalt mix at plant. Excluded Services. The following is specifically excluded from the scope of services to be provided by Consul-Tech: · Asphalt plant inspector. · Approval of shop drawings. · Class I Nonstructural Concrete testing. · FDOT reporting, recording. and data entry except as stated above. · FDOT district laboratory testing. CEI Services for Traffic Signal Installations CTE will provide through Kimley-Hom following services: and Associates, its subconsultant, the Task 1- Pole Foundation Construction On-site monitoring of each mast ann pole foundation installation to include: · Monitoring specified depth of earth-boring removal · Monitoring specified reinforcing "cage" placement · Monitoring specified anchor bolt placement · Review of concrete delivery tickets to confirm specified mix (not to include test cylinders) - -32- FEB 2 7 2001 SCHEDULE A - SCOPE OF SERVI~_S COUNTY PROJECT 62021 AIRPORT-PLrLLING ROAD PROJECT, COLLIER COUNTY, FLOP.IDA Task 2 - Traffic Signal Heads and Signal Cable On-site monitoring of installation of signal cable and displays to include: · Observation of installation of signal cable in mast arms and controller cabinet · Observation of installation of traffic signals and mounting hardware Task 3 - Vehicle Loop Detector Assembly Placement On-site monitoring of loop detector assembly placement to include: · Monitoring depth of pavement saw cuts · Monitoring size and gauge loop wire placement · Monitoring splicing of loop wire to lead-in wire · Monitoring placement of loop lead-in wire in conduit Task 4 - Pedestrian Facilities Construction On-site monitoring of pedestrian signal and auxiliary item placement to include: Monitoring placement of pedestrian signal cable in conduits and pedestals Monitorhag placement of pedestal bases, pedestrian detectors, pedestrian signs, and pedestrian signals Task 5 - Traffic Signal Controller Cabinet Placement Monitoring of the traffic signal controller cabinet assemblies to include: · Monitoring of placement of the cabinets on the bases · Monitohng of termination of communications, signal, and loop detector cables · Monitoring of installation of controllers, loop detector amplifiers, modems, and power supply Task 6 - 48 Hour Tests Inspection of each completed traffic signal installation per FDOT standards prior to commencement of 48 hour testing. This inspection will include thorough inspection of each controller cabinet assembly to affirm that all signal wiring, loop wiring, communications cable wiring, and pedestrian facility wiring is complete and in accordance with the standards and specifications. A punch list will be generated during this test and distributed to the appropriate persons involved with the project. Task 7 - Final Acceptance -33- 2001 SCHEDULE A - SCOPE OF SERVIr'Es COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Conduct final acceptance testing with the presence ~f the Contractor and County representatives, at each intersection installation per FDOT standards prior to commencement of the required 60-day bum-in period. This inspection will allow our inspector to ascertain that any discrepancies noted in the 48 hour test have been corrected and that for all intents and purposes, short of equipment failure during the burn in period, the signals are complete and ready to commence full operation. Task 8 - Required Document Review and Approval We will review all submittal data relevant to the equipment and materials proposed by the contractor. We will review the as-built drawings, series resistance data sheets, and communications cable test results and provide recommendation either of acceptance or remedial action to obtain acceptance. Upon completion of the required bum-in period and submittal of all documents normally required per FDOT standards and specifications, we will prepare a final recommendation of acceptance of the signal installations. Task 9 - Shop Drawing Submittal Review We will review the structural shop drawings for the signal mast arm structures to verify that the proposed structures meet the specifications called for in the design plans. Items Provided by Consu!-Tech Equipment · Pick-up tracks (fully equipped) for all Inspectors. · Troxler 3440 or 3430 and Speedy Moisture testers. · All thermometers and density/moisture gauges calibrated. · Photo equipment-35 mm and digital camera. · Cellular telephones for all inspectors. · Computers with modem. · Software as required to be compatible with Collier County. · Safety equipment (strobe lights, safety vests, hard hats, flashlights. ~tc.) · Concrete testing equipment (Slump cone, thermometer, Roll-O-Me:er, wheelbarrow, etc.) · Specification books and manuals. · Software for detailed printout of contractor's progress. · Fully equipped inspectors carry all test equipment required.. · Turbidity meter. -34- FEB 2 ? 2001 ,CHEDULE A - SCOPE OF SERVIC COUNTY PROJECT 6203 ! AIRPORT-PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Field Office Equipment · Four (4) telephone lines (2 incoming/outgoing, I fax, I modem). · Copy and Fax machines. · Computers and Printer. · Office furniture. · Office supplies. · Internet access. · P,inter. · File cabinets Field Office · Office space acceptable to Collier County. · Located no more than three miles form project site. Project Schedule Outside Lanes Side S~'eet s we! Retention Pood ~-~ ~-~ ~ -35- FEB 2 7 2001 SCHEDULE B - ATTACHMENT , SCHEDULE OF FEES FOR BASIC SERVICES COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COJ. YNTY, FLORIDA No Lump Sum payment for basic services at this time -36- FEB 2 7 2001 SCHEDULE B - ATTACHMENT E CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE COUNTY PROJECT 62031 AIRPORT-PULLING ROAD PROJECT, COLLIER COIJNTY, FLORIDA CEI Services Provided by Consul-Tech Collier County will pay Consul-Tech for Construction administration and inspection services as described in the Scope of Services, in accordance with the contract rates and estimated work effort presented below: t Contract Total Salaries QuantityUnitRate Principal-m-Charge 727.00 HR 105.00 76,335.00 Project Manager 2,422.00 HR 75.00 181,650.00 Secretary 2,422.00 HR 45.00 108,990.00 Senior Inspector 2,249.00 FIR 60.00 134,940.00 Inspector 2,076.00 HR 50.00 103,800.00 Inspector 1,384.00 HR 50.00 69,200.00 Subtotal Salaries 674,915.00 Estimated Overt/me Premium 14,000.00 Total Salaries 688,915.00 Contract Surveying Services Quantity Unit Rate Total Professional Land Surveyor 88 HR 105.00 9,240 3-person Survey Crew 500 HR 95.00 47,500 Subtotal Public Info. $56,740 -37- AGENDA I'~ No. / {? ZS-' ? FEB 2 ? 2001 SCHEDULE C - ATTACHMENT , CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES COUNTY PROJECT 62031 AIR.PORT-PULLING ROAD PROJECT, COLLIER COb2qTY, FLORIDA Additional Services Provided by Consul-Tech Collier County will reimburse Consul-Tech for additional services, in accordance with the estimated unit prices and item quantities presented below: Public Information Quantity Unit Contract Rate Total Variable Me3sagc Boards 100.00 DA 55.00 5,500.00 Pubhc Notices 2.00 EA 1,000.00 2,000.00 Public Meetings 2.00 EA 1,000.00 2,000.00 Multi-Media Presentations 1.00 EA 5,000.00 5,000.00 Subtotal Public Info. $14,500.00 Field Office Quantity Unit Contract Total Rate Rent 14.00 MO 1,131.56 15,841.84 Licenses 2.00 YR 186.38 372.76 Utilities 14.00 MO 165.00 2,310.00 Trash 14.00 MO 35.00 490.00 Jamtot 14.00 MO 170.00 2,380.00 Telephone 14.00 MO 150.00 2,100.00 Telephone System 1.00 EA 1,200.00 1,200.00 Copier 14.00 MO 341.67 4,783.38 Service 1.00 EA 234.30 234.30 Transcriber 1.00 EA 212.99 212.99 Tape recorder 1.00 EA 42.59 42.59 Postage 14.00 MO 50.00 700.00 Fax machine 1.00 EA 186.37 186.37 Furniture ~ 1.00 LS 2,419.00 2,419.00 Office supplies 14.00 MO 500.00 7,000.00 Photography 14.00 MO 208.33 2,916.62 Sub Total 43,189.85 Material Testing (Ardaman) Quantity In-place Density Test 10.00 Proctor 20.00 LBR 10.00 Sieve Analysis 10.00 Concrete Cylinders 40.00 Slump Tests 10.00 Air Content 10.00 Sampling Bituminous Mixtures 10.00 Marshall Test 10.00 Density of Asphalt Cores 10.00 -38- Unit EA EA EA EA EA EA EA EA Contract Rate 22.00 88.00 302.50 37.40 82.50 11.00 11.00 37.40 110.00 22.0 Total 220.00 1,760.00 3,025.00 374.00 3,300.00 110.00 1 I0.00 374.00 1,100.00 FEB 2 ? 2001 SCHEDULE C - ATTACHMENT CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES COUNTY PROJECT 62031 AIRPORT-PULL/NG ROAD PROJECT, COLLIER CO ..U~fYY, FLORIDA Contract Material Testing (Ardaman) Quantity Unit Rate Total Control Strip Densities 10.00 EA 440.00 4,400.00 Concrete Cores 10.00 EA 88.00 880.00 Asphalt Cores 20.00 EA 38.50 770.00 Limerock Base Thickness 20.00 EA 38.50 770.00 Subtotal Material Testing $17,413.00 Signalization (Kimely-Horn) Quantity Unit Contract Total Rate Registered Professional 9.00 HR 104.50 940.50 St. Professional 20.00 HR 148.50 2,970.00 Sr. Technician 367.00 HR 82.50 30,277.50 Miscellaneous Expenses 1.00 HR 2,794.00 2,794.00 Subtotal Signalizadon 36,982.00 Project Total $857,739.85 -39- FEB 2 7 2001 APPROVE SOLE OUTFALL PIPES 31805 EXECUTIVE SUMMARY SOURCE PURCHASE OF "TIDEFLEX" VALVES FOR UNDER US-41/DAVIS BLVD INTERSECTION, PROJECT OBJECTIVE: That the Board of County Commissioners approve the SOLE SOURCE purchase of three "Tideflex" Valves for the end of the storm drain pipes which run under the intersection of US-41, Davis Blvd, and Sandpiper Street and outfall to the Boat Haven canal which connects to Naples ,Bay in order to protect county and private property from flooding. CONSIDERATION: The Collier County Stormwater Management Department is laking a proactive.role in the implementation of flood control measures in- some of the lower lying areas of East Naples within or connected to the Gateway Triangle. Ground elevations in these areas are so low that during high tide, tidal waters backflow through the US-41 and Davis Blvd storm drain system and carry unwanted brackish water, debris and sediment into the pipes and structures and in some cases into residential areas. In some extremely high tides, the storm drains reach maximum capacity and during west wind driven storm surges, the system has no capacity to receive and drain stormwater ranoff, creating the potential for flooding. In these extreme conditions, water remains backed up until the low tide cycle, when positive drainage can be achieved. The Red Valve Company, Inc. of Carnegie, PA, has patented a neoprene rubber check valve (patent # 4,607,663) that has been proven effective in these tidal applications. This · company is the sole provider of these types of valves. The proposed project consists of installing three (3) check valves on two existing 48" pipes and one 54" pipe. The Red Valve company has given the County a proposal for $58,565.00 which is for the cost of the materials. FISCAL IMPACT: Funding in the amount of $58,565.00 is budgeted for the valves in "~'Fiscal Y.ear 01 in the water management CIP (fund 325). Source of the funds is Ad .Valorem Taxes. GROWTH MANAGEMENT IMPACT: growth management plan. This project will have no impact on the RECOMMENDATION: That the Board of County Commissioners approve the sole source purchase of Tideflex Valves from the Red Valve Company. [The installation will be performed by a local contractor and is estimated to cost $32,000] AG I /~gT FEB 2 7 2001 Executive Summary Installation of Tideflex Valves Page Two PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: (\ "R. Shane Cox, P.E., Project Mgtiager Stormwater Management Department -.- ; , ~ ¥ ' Date: Stephen Y. Ca~11, Director Purchasing Depa~men! Robe~ C. W~y, P.E., Senior Project M~ager Sto~water Management Dep~ment ~~ /~ Date: ~ ~, B'oldt, P.E., P.S.M., Director St~ater Mag;~m~t Dep~ment N~ Feder, Administrator ~sponation Division / / .2-/3 FEB 2 7 2001 %. Pg. :eb-O6-O1 O3:¢2P ORDER HANAGEHENT 412 279 7878 P.O1 Red vah~ C.~N~. Inc. FebTuaz~ 6, 2001 ColUer CoTtory Stormwater Management Dept 2685 ~uth Horseshoe 8u~te 212 ~ap]es, ~L 34104 A~0N: ~ S~e Co~ PE ~NCE: Red V~ve ~O. · 00-4752 S~CT: ~exTM Che~ V~ve ~op~ S~s TideflexTM Check Valves are m~ufactured solely by Red Valve Company, Inc. and are patent p~tecled in the United gta~e~. There are four (4) U.S. pa~ents that cov~ the Tide~exTM Check Valve. Should you have any questions or require any additional information please do no~ hesitate to contact me dvectly. Reg~ds, ~ V~VE CO~~, ~C. ~/John U. Kiska D~ec~or of 0rde~ M~agcmcnt JM~:jmk i 700 N. Bell. Ave. [ P.O. Box 548 151 412 279-0044 412 279-7878 vah~,~'edvabe. com 1 AGEI~DA I,TE.M. -- FEB 7 2001 .,tom: Sent: To: Subject: John M. Kiska [jkiska@redvalve.com] Tuesday, February 13, 2001 1:11 PM COX S Re:~TO: John Kiska RE: order 00-4752 Shane, The patent number that covers the valves on this order is 4,607,663 issued on August 26, 1986. Should you have any questions or require any additional information please do not hesitate to contact me directly. Regards, Red Valve Co., Inc. John M. Kiska Director of Order Management AGEI~DA,~TEM 21101 11/'2/19B9 00:5B 5G1B1500B1 RED VALVE DIRECT PAGE 01 ColList County Public Works ZngineerlngDepart~ent 3301 East TaE~Lan~ TcalL, BLctg. D Naples, FL 34112 941-77%-8192 Phone 941-774-9370 Fax Attention: Mrs. July C. Adarmes ICLnor, Reference: STORMNATER DRAINAGE - COLLIER CTY, FL Red Valve Quote Number: 98-09-02-DR-3487 (]~EV. 1) D~ar Mrs. ItLnor: As requested we are pleased to sub~/t our quotation. For expectfence when ordering, please refer to the Referenoe Name at the ~p of t/'~e page. Should you have any further questions or require any additional information, please contact me at Red Valvo's Wes~ Palm Beach office. I want to thank you for the op~rtunit¥ to submit our Quotation and look forward to being of s~rvioe. Sincerely, RED VALVE COMPANY - FLORIDA District Sales Manager (32) Chris ItLtche11 R~d V&I~ Co~&ny, Inc. NoAGE ~TE FEB 2 ? 2OO1 Curtin ]. 677 Bmm~m~ R~d #1113 West ~m ~k Ph: (561) 615a)~ Corporat, Address: P.O. Box .$48 Camtgi,. PA 15106 Ph: (412) 279-00q4 Ft~: (41D 279-7~78 valves .Ct~b-edvslve corn Valve' omDany, Inc 11/~,2/1999 88:55 561G150081 RED VALVE DIRECT PAGE 02 Red Valve Cornpray - Florkh STORMWATER DRAINAGE - HALDEMA.N CREEK BRIDGE OUTFALLS P~e 2 (32) ITEM 1 Qty (l) 36" Red Valve Seri~ "TF-2" Tideflex Ch~ck Valve. Sleeve Material: Neopr~ Outside Diameter: 36.00" Working Pressure: Gravity Back Pr~sur¢: 3 Feet E~tin~ted Weight: 560 L~ UNIT PRICI~ $9,126.00 plSC PRICE $6,206.00 - Complete with 304 Stainless St~l Mounting Band. - Complet~ with EPDM exlerior cover for UV and Ozone protection. · Please confirm the Pipe O.D. and specify both working procure and back pressure when ordering. - Note: Changes to the Pipe O.D. will alter the Unit Price of the valve. EXTENDED PRICE: $6,206.00 ITEM 2 (1) 48" Red Valve Serie~ "TF-2" Tide flex Check Valve. Sleeve Material: N¢opr~m Outside Diametor: 48.00" Working Pressure: Gravity B~k Pressure: 3 F~t E~timated Weight: 1,027 Lbs UNITPRICE $16,999.00 DISC PRI~ $11,559.00 - Complete with 304 Stainless Steel Mourning Band. - Compl~u: with EPDM ¢xtecior cover for UV and Ozone protection. - Please confirm the Pipe O,D, and specify both working pressure and back pressure when ordering. - Note: Changes to the Pipe O.D. will alter the Unit Price of the valve. EXTENDED PRICE: $11,559.00 11 82/1999 88:55 5616158881 RED VALVE DIRECT PAGE 83 Rzd Valve Company. Florida STORMWATER DRAINAOE - BOAT HAVEN CANAL OUTFALLS Page 3 (32) ITEM 3 Qry (2) 48" Rod Valve Series "TF-2" Tideflex Check Valve. Sleg've Material: Neoprene Outaide Dia~netgr: 48.00" Working Pressure: Oravity Back Pressure: 3 F_~irrmt~ Weight: 1,027 LI~ uNIT PRICE $16,999.00 DISC PRICE $11,559.0~ - Complete with 304 Stainless Steel Mounting Band. - Complete with EPDM exterior cover for UV and Ozom protection. - Plcns¢ confirm the Pipe O.D. and specify both wogking pressure and back pressure when ordering - Note: Changes to the Pipe O.D. ~11 alter the Unit Price of the valve. EXTENDED PRICE: $23,118.00 IT!~M 4 Qty (2) 60 x 60" Red Valve Tideflex Thimble Pl~t~. Plate Material: Stainless Steel Plate Thickness: 3/4" Number of Bolts: 36 UNIT PRICE $6,120.00 - Note: The 60 x 60" Thimble Plate can be used for mounting Tideflex valves with a minimum outside diameter of 44.01" to a maximum outside diameter 50.00". - ALTERNATE PLATE MATERIAL: CARBON STEEL $2,990.00 EA. EXTENDED PRICE: $12,240.00 NO..__~.~ FEB z 7 2001 11/02/1999 88:55 5016150081 RED VALVE DIRECT PAGE 04 Red Valve Company - Florida STORMWATER DRAINAGE - BOAT HAVEN CANAL OUTFALLS Page 4 (32) ITEM 5 Qty (l) 54" Red Valve Se:ie~ "TF-2" Tideflex Check Sleeve Material: Neopr~'ne ~i~ Di~: 54.00" W~ki~g ~s~e: ~avity ~ck Pr~ure: 3 F~ E~i~d Wet~: 1,350 ~ TL~NIT PRIC~ $23,062.00 DISC PRICE $15,682.00 - Complete with 304 Stainless St~l Mourning Band. - Complete ~'ith EPDM ~ ~v~ fm ~' ~d Ozone pro~i~. - Pl~e c~t~ ~e Pi~ O.D ~ s~ci~ ~ w~king ~u~ ~d ~ck ~ess~e wh~ ~ng. - Note: C~gea ~ ~ ~ O.D. ~11 al~ ~e Unit Pri~ of~e valw. EXTENDED PRICE: $15,682.00 IT_~F3~ Qty (1) 60 x 60" Rod V~lv¢ Tideflex Thimble Plate. Plate Material: Stainless $t¢¢1 Plate Thickness: 3/4" Number of Bolts: 40 UNIT PRICE $7,525.00 - Note: The 66 x 66" Thimble Plate can be used for mourning Tideflex valves wilh a minirotan oreside diam~x-r of 50.01" to a maximum outside diameter 56.00". - ALTERNATE PLATE MATERIAL: CARBON STEEL $3.450.00EA EXTENDED PRICE: $7.525.00 AGE NO, A ITEM FEB 2 7 2001 11/02/1999 00:55 5616150081 RED VALVE DIRECT PAGE 05 Red Valve Company - Florida STORMWATER DRAINAGE -- ROCK CREEK BRIDOE OUTFALL Page 02) ~y (1) 54" R~! Valve Sm'i~ "TF-2" Tickflex Cheak Valve. Sl~ve Material: Oreaide Diamem': 65.00" Working lh'¢a.~ur¢: Gravity Back Preasure: 3 Feet Estimated Wcig!~t: 2,090 Lba UN,IT_rRICE $36,6O9.00 - Complete with 304 Stainleas Steel Mounting Band. - Complete with EPDM exterior cover for UV and Ozone prcatction. - Please confirm the Pipe O.D. and .npecify both working pressure and back laressure when ordering. - Note: Changes to the Pipe O.D. will alter the Unit Price of the valve. $24,894.00 EXTENDED PRICE: $24,894.00 TOTAL NET DISCOUNTED PRICE ALL PRIMARY ITEMS: TERMS: Net 30 Day~ F.O.B.: Oastonia, NC 15106 Pr~aay and Add DELIVERY: 8 - 10 Weeks A.R.O.,'A.R.A.D. Quotation is valid for 60 days to Collier County only. $101,224.00 AGENDA~TEM FEEl 2 7 2001 EXECUTIVE SUMMARY APPROVE A BARE LICENSE.AGREEMENT BETWEEN COLLIER COUNTY AND WCI COMMUNITIES, INC. FOR USE OF VACANT COUNTY-OWNED PROPERTY. OBJECTIVE: Approval of a Bare Use License Agreement between Collier County ("County") and WCI Communities, Inc. for use of vacant County-owned property within the Livingston Road corridor. CONSIDERATION: WCI Communities, Inc. ("WCI") has requested use of .388 of an acre of vacant County-owned property located at the southwest quadrant of the intersection of Immokalee Road and the future Livingston Road. WCI shall utilize the property for placement of a mobile unit to be used as a residential sales center for the approved PUDs known as Tarpon Bay and Tuscany Isles. Pursuant to Florida Statute 125.35, a Legal Notice ("Notice") was advertised in the Naples Daily News on November 27 and December 4, 2000. The Notice was advertised once (1) a week for two (21) consecutive weeks. A copy of the Notice and the Affidavit of Publication are on file in the Real Property Management Department. The conditions outlined in the Notice included the following requirements: a one (1) year lease term with a month-to-month renewal option; a provision granting Collier County the right to terminate the Lease by providing a sixty (60) day written notice; a minimum am~ual rent of Twelve Thousand Two Hundred Forty Dollars ($12,240.00); improvements placed on the subject property by the tenant are to be removed by the tenant at the termination of the License term; the tenant shall provide the required insurance policy to the Collier County Risk Management Department; all required permits must be obtained in order to install a mobile office unit and tenant must conform to any and all County codes relating to irnprovements made upon the property; the tenant shall be required to pay all cosfs assc~ciated with the publication of the advertisement; and the tenant shall enter into an Agreement with Collier County addressing related provisions concerning the leasing of County-owned property. According to the only sealed bid, provided by WCI, which is on file in the Real Property Management Department, the term requested shall commence on February 15, 2001 and shall terminate Febmar3.' 14, 2002. WCI has offered to pay an annual rental of Twelve Thousand Two Hundred Forty Dollars ($12,240.00). At the expiration of the Lease term, WCI has agreed, at the County's direction, 'to remove or relocate the landscaping at WCI's expense to any location within the Livingston Road corridor for the County's use. At the termination of the License Agreement, WCI will be required to remove all improvements at the subject property at its sole cost and expense. If so directed by the County, the landscaping placed upon the Demised Premises by WCI shall remain and WCI, at its sole cost and expense, shall relocate same along the Livingston Road corridor under the direction of the County. FEB 2001. The attached Bare License Agreement has been reviewed by the Office of the County Attorney, the Transportation Department and the Risk Management Department. FISCAL IMPACT: The annual rent of Twelve Thousand Two Hundred .Forty Dollars ($12,240.00) shall be deposited into the following account: Fund: 313 Cost Center: 163673 Object Code: 362180 (Gas Taxes) (Surplus Gas Tax Road Construction) (Lease Land) GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Bare License Agreement with WCI and authorize its Chairman to execute same at a later date following execution of the Agreement by WCI and final review by the Office of the County Attorney. - Michael H. Dowhng, Senior Specialist,' eal Propert3, Management Department Mitch Riley, P.E., Senior Project E~gineer, Transportation Engineering Construction Management Department REVIEWED BY: ..... ' - ~ ' -'/ Steve Miller, P.E., Director, Transportation Engineering and Construction Management Department Norman E. Feder, AICP, Transportation Administrator A~ENDA ITEM FEB g'l 2001 License # BARE LICENSE AGREEMENT THIS BARE I_ICENSE AGREEMENT entered into this __ day of , 2001, between WCI ('oretotalities, Inc.. a Delaxxarc corporation duly registered With the Secretary of State for the State of Florida, whose mailing address is 243(/1 \Valden Center Drive, Bonita Springs, Florida 34134, hereinafter referred to as "LICENSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LICENSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ART1CLE 1. Licensed Premises LICENSOR lnereby Licenses to LICENSEE and LICENSEE hereby Licenses from LICENSOR, providing LICENSEE is able to obtain lhe necessaD use permit as sated below, the property described in Exhibit "A" which is attached and made a part of tinis License, hereinafter called the "Licensed Premises", situated in Collier Connty, Florida, in order to restall a modular office and related improvements for the purpose of operating an off%ire sales center for Tarpon Bay and Tuscany Isles, residential developments. LICENSEE shall be required to obtain the required Site Development Plan approvals for the intended use at the Licensed Premises pursuant to Collier County Land Development Code and consistent with the approvals granted herein. If LICENSEEE is unable to obtain said pennit within sixty (60) days from the klCENSOR'S execution of this License, this License shall become null and void. L1CENSEE shall th provide klCENSOR with One Thousand Dollars (51,000.00) to be considered as Lice~se Fee for the six {60) day period. LICENSOR does not make any representations or warranties with respect to the Licensed Premises to ire LICENSEE prior to the execution of this License. The LICENSEE accepts the Licensed Premises in "as is" condition and therc shall be no abatement for defects m the Licensed Premises or for violations of law with respec~ lhcreof and LICENSEE shall not hold LICENSOR liable for an3.' defects in or defection conditions oftlie Licensed Premises or to title thcreto. ARTICLE 2. Term of License LICENSEE shall have and hold the Licensed Premise for a term of one (l) year commencin-~ on February 15, 2001 and euding FebruaD, 14, 2002. LICENSEE is granted the option to renew this License, nmnth-to-month, folloxvmg the first year of occupancy, provided it is not then in default of any of the prox isions of this License, under the same terms and conditions, as provided herein, except as to the License Fee amount. as proxided herein. by deliveringyvritten notice of L1CENSEE'S unconditional intention to do so to die LICENSOR not less than thirty (30) days prior to the expiration of this License. Said notice shall be effective upon actual receipt by the County. - : Each Party, ho;~ever/rescrves the riglit to terminate this License, with or without cause, upon thirty (30) days prior written notice of such lennination to the other Party at the address set forth in AR,.TICLE 12 of this Licensc. Said notice shall be effective upon actual receipt by the respective Party. L1CENSOR is expected to commence construction at the Licensed Premises, in order to construct a road, to begin in Febmar5, 2002. LICENSEE acknowledges that the Licensed Premises is cited for future road expansion and acknowledges that if LICENSOR shall require the Licensed Premises for this purpose LICENSOR shall terminate this License by providing LICENSEE with thirty (30) days written noti~ LICENSEE shall remo;e all improvements placed upon the Licensed Premises as provided for in Article ~,_ of this Agreement at L1CENSEE'S sole cost and expense. AC~D.~ ITE~ l FEB' 2001 pg. In addition, LICENSEE covenants and agrees not to use, occupy, suffer or permit said Licensed Premises or any part thereof to be used or occupied for any purpose that is contrary to law or rules or regulations of any public authority having jurisdiction over the Licensed Premises. ARTICLE 3. License Fee LICENSEE hereby covenants and agrees to pay as License Fee for the Licensed Premises the sum of Twelve Thousand Two Hundred Forty Dollars and 00/100 Cents ($12,240.00) per annum, plus applicable tax, to bc paid in full wilhin ten (10) business days following the date in which LICENSOR executes this License. LICENSEE will also be responsible for the payment of additional License Fee as provided for in ARTICLE 4 of this License. If this LICENSEE shall be in effect after the first full year of occupancy m~d if LICENSEE elects to renew same as provided for in ARTICLE 2, the License Fee following the first full year of occupancy, beginning FebruaD' 14, 2002, shall be One Thousand Seventy-One Dollars ($1,071.00) per month. If this License should be m effect following the second full year of occupancy, the License Fee beginning February 14, 2003 shall be One Thousand One Hundred Twenty-five Dollars ($1,125.00) per month. _-All License" Fees shall bc due on the first day of eveD' calendar month during the term thereof and shall be forwarded to the Real Property Management Department at the address set forth in .Article 13 of this License. AR~-ICi_E 4. Other Expenses and Chartzes I_I('ENSEE shall pay all costs associaled with the Licensed Premises including, but not limited to, landscapiug service~ janitorial service and all.',' utility charges. Utility charges shall include, but shall not be limited to, electricity, light, heal, air conditioning, power, water, sewer and telephone or other comnnmication services use& rendered or supplied thereupon or in connection with the Licensed Premises. ARTICLE 5. Modifications to Licensed Premises I.I('ENSEE shall be allox~ed to place upon the licensed Premises only two (2) modular sales trailers aud related improvement thereto. LICENSEE shall obtain LICENSOR'S written approval, as uoted below, of tile placement of the modular trailers and all iml, rovements thereof. LICENSEE acknowledges that placement of the' modular lrailcrs shall be placed as far wesl on tile property as possible. LICENSEE shall observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United Slates of America. State of Florida, County of Collier, and any aud all governmental agencies concerning ilnprovements made to the Licensed Premises. Prior to makiug any improvements, additions, changes or alterations to the Licensed Premises, LICENSEE will provide to LICENSOR all proposals and plans for allerations, improvements, changes or additions to the Licensed Premises for L1CENSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starttug and completion time for such project. LICENSEE shall submit all proposals and plans for alterations. improvements, changes or additions to tile Licensed Prcmises to the Real Propert}' Managenqent Department at tile address contained in Article 12 of this License. L1CENSOR or its designee ',','ill then ha\,e thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LICENSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LICENSEE. If after thirty (30) days there has been no response fi'om LICENSOR or its designee to said proposals or plans, then such silence shall be deemed a~. a denial to such request lo LICENSEE. LICENSEE covenants and agrees in connection with' any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, add. itions or improvements to the Licensed Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. Prior to the expiration or early termination of this License, LICENSEE shall promptly remove, the modular trailers (and all landscaping unless LICENSOR elects to retain the landscaping as addressed below), plus remove all improvements, alterations, fixtures and installations which were placed in, on, or upon the Licensed Premises by LICENSEE, including but not limited to irrigation systems, plumbing and sanitary facilities, and repair any damage occasioned to the Licensed Premises by such removal; and in default thereof, LICENSOR may complete said removals and repairs at LICENSEE'S expense. 2 No._ FEB 2001 If LICENSOR shall desire, at the termination of this License, the LICENSOR shall have the right to retain any and all landscaping placed upon the Licensed Premises by the LICENSEE for the LICENSOP' use along the Livingston Road corridor. The LICENSEE, upon LICENSOR'S direction, shall reloc and/or remove said landscaping from the Licensed Premises at the sole cost and expense of the LICENSEE. LICENSEE covenants and agrees not to use, occupy, suffer or permit said Licensed Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public amhority except as granted hereiu. ARTICLE 6. Access to Licensed Premises LICENSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LICENSEE, to enter into and upon the Licensed Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for thc purposes of inspection for compliance with the provisions of this License Agreement. ARTICLE 7. No Assim~ment LICENSEE shall not assign or otheixvisc transfer this License and any attempt to do so shall be void and inifio. AWl ICLE 8. lndemni~ LICENSEE, in consideration o1' Ten Dollars (5t 0.00), the receipt and sufficiency of which is hereby acl,mowledged, shall indemnify, defend and hold harmless LICENSOR, its agents and employees from and against any and all liability (statutoo' or othc~-,vise), damages, claims, suits, demands, judgments, costs, iutcrest and expenses (including,. bu~ nol limited lo, attorneys' fees and disbursements both at trial and appellale levels} arising, directly or indirectly, from an5' injuo' to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LICENSEE'S use of the Licensed Premises, iB) any work or thing whatsoever done, or any condition created (other than by LICENSOR, its employe agents or contractors) by or on behalf of LICENSEE in or about the Licensed Premises, (C) any condition Itc Licensed Prcmiscs due to or rcsuhing from any default by LICENSEE in the performance of LiCENSEE'S obligations under this License, or (D) any act, omission or negligence of LICENSEE or its agents, conlraclors. employees, sublenants, liceusees or invitees. In case any action or proceeding is brought against LICENSOR by reason of any one or more thereof, LICENSEE shall pay all costs, attorneys' fees, e~penses and liabilities resulting thereft'ore and shall defend such action or proceeding if LICENSOR shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to LICENSOR. The LICENSOR shall not be liable for any injury or damage to person or property caused l~y the elements or by other persons in the Licensed Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LICENSOR shall not be liable for any damages to or loss of, including loss due to petty theft, an)' propert),, occurring on the Licensed Premises or any part thereof, and the LICENSEE agrees to hold the LICENSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful miscondt,ct of the LICENSOR or its employees. ARTICLE 9. Insurance LICENSEE shall provide and maintain general liability and property liability insurance p, olicy(ies), approved by the Collier County Risk Management Department, for not less than Three Hundred Thousand Dollars and No/Cents ($300,000.00) combined single limits during the term of this Agreement. In addilion, LICENSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting StatutoD' Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cen? ($100,000.00) each accident. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such ~nsurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Bnilding, Naples, Florida, 34112, for approval prior to the commencement of this License AGENDA ITE~__ No. FEB T3 2001 pg. It,/' Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LICENSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LICENSEE, whereupon receipt of such notice LICENSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LICENSEE shall, at its sole cost and expense, keep the Licensed Premises clean at all times..If said Licensed Premises are not kept clean in the opinion of LICENSOR, LICENSEE'S manager will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, LICENSOR will cause the same to be cleaned and corrected and LICENSEE shall assume and pay all necessa~, cleaning costs and such costs shall constitute additional License Fee which shall be paid by LICENSEE within ten (10) days of receipt of written notice of costs incurred by LICENSOR. The LICENSEE, at its sole cost, shall repair all damage to the Licensed Premises caused by L1CENSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. The LICENSEE, at its sole cost, shall remove from lhe Licensed Premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which might accumulate and arise from the operations of the LICENSEE'S business. Such trash, waste and refuse shall bc stored in closed containers approved by the LICENSOR. ARTICLE 11. Dci~.ult by LICENSOR LICENSOR shall m no event bc charged with defauh in the performance of any of its obligations hereunder unless and until LICENSOR shall have failed to perform such obligations within thirty (30) days lot such additional time as is reasonably required to correct such defauh) after notice to LICENSOR by LICENSEE properly specifying wherein LICENSOR has failed 1o perform any such obligations. ARTICLE 12. Notices Any notice which LiCENSOR or LICENSEE may be required to give to the other party shall be in writing to the other pan3, at the following addresses: LICENSOR: LICENSEE: Board of Count5' Commissioners c/o Real Property Management Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 WCI Communities Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 cc: Office of the County Attorney Transportation Services Department ARTICLE 13. Surrender of Premises Other than the improvements which are to remain on the Licensed' Premises, if go '~lirected:lSy LICENSOR, pursuant to the lenns of this License, LICENSEE shall deliver up and surrender to LICENSOR possession of the Licensed Premises at the termination of this License, or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencemen1 of the term of this License or may have been put by LICENSOR or LICENSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond L1CENSEE'S control excepted. ARTICLE 14. General Provisions L1CENSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Licensed Prenfises which would interfere with or adversely affect the operation or maintenance of LICENSOR'S standard operations where other operations share common facilities. 4 (a) Rights not specificall), granted the LICENSEE by this License are hereby reserved to the LICENSOR. (b) LICENSEE agrees to pay all sales tax imposed on the License Feeal of the Licensed Premises whe applicable under law. (c) LICENSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this License, of any interest in the Licensed Premises or LICENSEE'S possession of said interest in the Licensed Premises. ART1CLE 15. Environmental Concerns LICENSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LICENSOR, from and against all costs (including attorneys' fees) asserted against, imposed on or incurred by L1CENSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which result from the L1CENSEE'S use ofttie Licensed Premises. ARTICLE 16. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas thai, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your Count) Public Health Department. ARTICLE 17. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LICENSOR in the Licensed Premises shall not be subject to liens for improvements made by ' LICENSEE, and liens for improvements made by the LICENSEE are specifically prohibited froin attacln. to or becoming a lien on the inlerest of the LICENSOR in the Licensed Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 18. Effective Date This Licensc shall become cffective upon execution hy both LICENSOR and LICENSEE. ARTI'CLE 19. Governin~ Law This License shall be governed and construed in accordance xvith die laws of the State of Florida. ARTICLE 20. ~/jet Enjovment Subject to LICENSOR'S rights to terminate this Agreement as provided in this License, LICENSOR covenants that L1CENSEE, on paying the License Feeal amount and performing the covenants, terms and conditions requircd of LICENSEE contained herein, shall peaceably and quietly have, hold and enjoy the Licensed Premises and the interest granted to LICENSEE by virtue of this Bare License AgreemehL i ,' FEB 11.1 2001 5 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LICENSOR: DATED: ATTEST: D\VIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk JAMES D. CARTER, Ph.d., Chairman AS TO LICENSEE: DATED: WITNESS {signalurc} {print name) WITNESS (signature) (prinl name) WCI Communities h'm., a Delaware Corporation Approved as to tbm~ and lcgal~su fficiencv: ~ Thomas C. Palmer Assistant County Altome},' 6 No. , FEB,'J," 2001 Pg. NO. 84~ - 'T. MtRO~LRLEE ROAD 'DESCRIPTION: 0 50 60 '~ 20 SCALE IN FEET NO'IL~c SKETCH & DESCRIPTION IN A PORTION OF SECLON 25, TOWNSHIP 4B SOUTH, R~.NGE 2,5 EAST COLLIER COUNTY, FLORIDA, [ ~0HN$ON ENGINEi[~ING. 'I'NC. ' DESCRIPTION: A TRACT OR PARCEL OF LAN~ LYING WITHIN SECI]0N 25, TOWNSHIP 4B SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA AND BE1NG MORE ~ART~CULARL¥ DESCRIBED AS FOLLOWS: COMMENCE AT TNF NORTHEAST CORNER OF SAID SECTION 2.5. TOWNSHIP 4~ SOUTH, RANGE 2.5 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02'07'1¢" EAST ALONG THE EAS? LINE OF SAID SECTION 25, A D!STANCE OF 150.O4 FEET TO A POINT ON THE SOUTH LJNE OF A S0 FOOT WiDE EASEMENT FOR ROAD RIGHT--OF-WAY, DRAINAGE, U"D,_ITY AND MAINTENANCE PURPOSES AS RECORDED IN 0F~CIAL RECORDS BOOK 1710, PAGES 37B-3B2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUT,~ 89'14'22" VFEST ALONG SAID SOUTH LINE OF THE 50 FOOT ROAD EASEMEN~, A DISTANCE OF 150.04, FEET TO THE POINT OF BEGINNING; FROM SAJ3 POINT OF BEGINNING RUN SOUTH 02'07'1¢" EAST, A DISTANCE OF 354.27 FEET; THENCE RUN SOUTH B7'52'46" WEST, A D;STANCE OF 115.00 FEET TO A ~01NT ON THE EAST LINE OF' A 125 FOOT FLORIDA POWER AND LIGHT EASEMENT AS RECORDED iN OFFICtAL RECORDS-BOOK 432, PAGES 720-721 OF THE PUBLIC RECORDS Or COLLIER COUNT'Y, FLORIDA: THENCE RUN NORTH 02'07'14" W~$T ALONG SAID EAST LINE OF THE 125 FOOl EASEMENT, A DISTANCE OF 357.00 FEET TO A P0]NT ON SA:F_. SOUTH LINE OF YriE 50 FOOT w!DE EASEMENT FOR ROAD RIGHT-OF-WAY, DRAINAGE, UTIL!TY AND MAINTENANCE PLIRPOSES: THENCE RUN NORTH 89'14'22" EAST ALONG SAID SOUTH LINE OF THE 50 FOOT ROAD EASEMENT, A DISTANCE OF 115.03 FEET TO THE SAID POINT OF BEGINNING CONTAINING 40.B98.0] SQUARE FEET OR 0,959 ACRES OF LAND, MORE OR LESS · AGENDA FEB 2001 EXECUTIVE SUMMARY APPROVE A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ADHOC ADVISORY COMMITTEE TO PROVIDE INPUT AND GUIDANCE IN THE AESTHETIC APPEARANCE OF THE 1-75/GOLDEN GATE PARKWAY INTERCHANGE AND THE GOLDEN GATE PARKWAY CORRIDOR AS THE GATEWAY TO NAPLES AND GOLDEN GATE CITY. OBJECTIVE: Obtain Board approval to form an ADHOC Advisory Committee to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway interchange and the Golden Gate Parkway corridor as the gateway to Naples and Golden Gate City. CONSIDERATIONS: The Collier County Metropolitan Planning Organization has endorsed the Florida Department of Transportation's recommended alternative for the 1-75/Golden Gate Parkway interchange and is requesting that an advisory committee be formed to provide recommendations on the appearance and landscaping of the interchange area. The committee will establish an overlay district for the future Golden Gate City interchange which addresses preservation of the residential character of the interchange, minimizing impacts to property owners, and provision of landscaping consistent with the establishment of an appropriate gateway to Naples, Golden Gate City and Collier County. The Florida Department of Transportation has programmed one million ($1,000,000) dollars for the landscaping enhancement of the 1-75/Golden Gate Parkway interchange. The advisory committee is to be comprised of seven voting members and three non-voting members. The voting members will be comprised of two members from the City of Naples, two members from Golden Gate City and three members from the unincorporated area of Collier County. The non - voting members will be Collier County staff from the Transportation and Community Development Divisions and the Florida Department of Transportation. Selection of voting committee members shall be for the City of Naples as recommended by the Naples City Council or Designee; for Golden Gate City, as recommended by the Golden Gate Civic Association; and for the unincorporated area, as recommended by the Board of County Commissioners or designee. The advisory committee shall remain in effect until the construction of the I75/Golden Gate Parkway interchange improvements commence. FISC~ IMPACT: There is no fiscal impact associated with the approval of the resolution to form the ADHOC Advisory Committee. GROWTH MANAGEMENT IMPACT: None. AGENDA ITEM No.. !t~, (~ ~.. FEB 2 2001 PI~. Executive Summary Page 2 RECOMMENDATION: That the Board of County Commissioners adopt the Resolution to establish the ADHOC Advisory Committee as outlined in this executive summary for the I- 75/Golden Gate Parkway Interchange Project. I~awn~,R. Wolfe Transpo/~tion Plafining Dire6t6r No~ E. Fe~er, Tr~sponation A~i~s~ator Date: ~/o/ AOENDA ffEM ~- No._ !t, i% ~ FEB 27 ~OOl RESOLUTION NO.2001 - A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ADHOC ADVISORY COMMITTEE TO PROVIDE INPUT AND GUIDANCE IN THE AESTHETIC APPEARANCE OF THE 1-75/GOLDEN GATE PARKWAY INTERCHANGE AND THE GOLDEN GATE PARKWAY CORRIDOR AS THE GATEWAY TO NAPLES AND GOLDEN GATE CITY, COLLIER COUNTY, FLORIDA. WHEREAS, the Collier County Metropolitan Planning Organization has endorsed the Florida Department of Transportation's recommended alternative for the 1-75/Golden Gate Parkway interchange; and WHEREAS, the Collier County Metropolitan Planning Organization requested that an advisory committee be formed to provide recommendations on the appearance and the landscaping of the interchange area; and WHEREAS, The Florida Department of Transportation has provided for one million ($1,000,000) dollars programmed for the landscaping enhancement of the 1-75/Golden Gate Parkway interchange. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS of Collier County, Florida that: An Adhoc Advisory Committee be established to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway interchange and the Golden Gate Parkway corridor with membership as follows: The advisory committee is to be comprised of seven voting members and three non-voting members. The voting members will be comprised of two members from the City of Naples, two members from Golden Gate City, and three members from unincorporated Collier County. The non-voting members shall include a representative of the Transportation Division, the Community Development and Environmental Services Division, and the Florida Department of Transportation. Selection of the voting members shall be for the City of Naples as recommended by the Naples City Council or Designee; for Golden Gate City, as recommended by the Golden Gate Civic Association; and for unincorporated, as recommended by the Board of County Commissioners or designee. No. F£ 2 ? 2001 The Adhoc Advisory Committee shall be in effect until the construction of the I- 75/Golden Gate Parkway interchange improvements commence. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ,2001. day of BOARD OF COUNTY COMMISSIONER, COLLIER COUNTY, FLORIDA BY: CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk JAMES D. CARTER, PhD., Approved as to Form and Legal Sufficiency Jacqueline Hubbard-Robinson Assistant County Attorney EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPAC;17: Recording the Satisfaction of Liens is approximately $352.50 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, REVIEWED BY: Df3recCo-rT'S?li d W ast~lV~nag,emen3~ E~ panment APPROVED BY? -J-ag~s'Q. Mudd, P.E. Adn~inistrat~r Public Utilities Division Florida: SUBMITTED _ ...i> '.. Pam Ca~'i Revenue Supervisor Solid/Waste Coll,95aions REVIEWED BY: T~'re'~a/~. Riesen, Collections Revenue Manager Solid Waste Collections G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Date: Date: ~/~/4/ Date: ~7/~/~ :L-- Date: EXHIBIT "A" 1. Bode, Sven & Cathleen Moosker. Folio # 58106840006, Lot 5, Blk 404, Unit 13, MARCO BEACH 2. Purkay Boris & Emogene L. Folio # 56650600008, Lot 11. Blk 1, Unit 1, MARCO BEACH 3. James & Beatrice Bruskay, Folio # 62100200007, Lot 3, Blk 12, NAPLES MANOR ADDITION 4. Rodney Bushnell, Folio # 56791720009. Lot 10. Blk 50. Unit 2, MARCO BEACH 5. Louis Cambruzzi & Loretta Cambruzzi. Folio # 62156680008. Lot 10, Blk 10, NAPLES MANOR ANNEX 6. Louis Cambruzzi & Loretta Cambruzzi, Folio # 62156680008, Lot 10. Blk 10, NAPLES MANOR ANNEX 7. Louis Cambruzzi & Loretta Cambruzzi, Folio # 62156680008, Lot 10, Blk 10, NAPLES MANOR ANNEX 8. Louis Cambruzzi & Loretta Cambruzzi. Folio # 62156680008, Lot 10, Blk 10. NAPLES MANOR ANNEX 9. Ramon Castro. Rosa Castro and Ercilia Anzualda, Folio # 00119080005. Section 3, Township 47 South, Range 29 East 10. Collins III. William D, Folio # 62156600004, Lot 8. Blk 10. NAPLES MANOR ANNEX 11. Combs. Elhnon & Sandra S, Folio # 53352080000, Lots 62 ND and 63, Unit 2, LAKE KELLY 12. Eileen Curran. Folio # 62101400000, Lot 36, Blk 12, NAPLES MANOR ADDITION 13. Eileen Curran Spector, Folio #62101400000, Lot 36, Blk 12, NAPLES MANOR ADDITION 14. Deltona Corp % Beth Smith, Folio # 59020160007, Unit 25, Tract R-C, MARCO BEACH REPLAT 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. '251 6. 28. 29. 30. Deltona Corp % Beth Smith, Folio # 59020160007, Unit 25, Tract R-C, MARCO BEACH REPLAT Fera, Frank & Sharon J.. Folio # 57208240000. Lot 26. Blk 167, Unit 5, MARCO BEACH JP & WF Fox, Folio # 67491280003, Lot 32, Blk "A", PINE-VIEW VILLAS Charles Franklin and Helen Franklin, Folio # 56405360001, Lot 2, Blk 6, THE MAINLINE SUBDIVISION Fredrickson. Robert J & Leslie K. Folio # 62851680002, Lot 40, Blk 80, Unit 6. NAPLES PARK Robert J Fredrickson & Leslie Fredrickson aka Leslie Karen Beck. Folio # 62851680002. Lots 39 and 40. Blk 80. Unit 6. NAPLES PARK Robert J & Leslie Fredrickson. Folio # 62851680002. Lot 40, Blk 80. Unit 6. NAPLES PARK Brenda J Gable. Folio # 77210600003. Lot 8. Blk 2. TRAIL ACRES SUBDIVISION Brenda J Gable. Folio # 77210600003. Lot 8. & Blk 2. Lot 1. Blk 3, TRAIL ACRES SUBDIVISION William P Hooper ET UX. Folio # 00779960002. Section 36. Township 51S, Range 27E Jimenez. Jesus Jr. & Arreguin. Martha. Folio # 77130000301. Lot 68. TRAFFORD MOBILE ESTATES Johnson, James W. Folio # 00133480005. Section 9. Township 47, Range 29 Stratis & Antigone Koulouris, Folio # 57748480003, Lot 5. Blk 296. Unit 8. MARCO BEACH SUBDIVISION Fred C Kramer SR EST. Folio # 36439680007. Lot 34. Blk 240. Unit 7, PART - GOLDEN GATE Albert J McLenon, Folio # 00395040005, Section 14, Township 50 South, Range 25 East Sylvia S. Miller. Folio # 57654880001, Lot 22. Blk 191, Unit 7, MARCO BEACH SUBDIVISION .0. FEB 2 7 200I 31. Kelly Ann Mohn, Folio # 62256640003, Lot 1, Blk 8, NAPLES MANOR LAKES 32. Nasser Nasser, Hayel Massoud. Folio # 57198200008, Lot 1. Blk 146. Unit 5, MARCO BEACH SUBDIVISION 33. Obergon, Paula C. & Francisco & David Obergon, Folio # 77310800004, Lot 5. Blk 2. Unit 3, TRAIL ACRES 34. Obergon, Paula C. & Francisco & David Obergon, Folio # 77310920007, Lot 8, Blk 2, Unit 3, TRAIL ACRES 35. Hugh R. Ortega and Evelyn C. Hughes, Folio # 36122360003, Lot 7, Blk 135, Unit 4. GOLDEN GATE 36. Hugh R. Ortega and Evelyn C. Ortega, Folio # 36122360003, Lot 7, Blk 135. Unit 4. GOLDEN GATE 37. Phillip Pierre. Hendrick Mattew. Folio # 36384400002. Lot 13, Blk 223. Unit 6. Part 1, GOLDEN GATE 38. Ram Ventures Inc % Faulconer Tile & Marble. Folio # 36004120002. Lot 13, Blk 106. Unit 3, GOLDEN GATE 39. Ram Ventures Inc % Faccooneer Tile & Marble, Folio # 36004160004, Lot 14, Blk 106, Unit 3. GOLDEN GATE 40. Donald H Rashott & Margaret A Rashott, Folio # 62259080000. Lot 20, Blk 10. NAPLES MANOR LAKES 41. Paul L Riddleberger Jr. Folio # 62204520007, Lot 11, Blk 6, NAPLES MANOR EXTENSION 42. Paul L Riddleberger Jr, Folio # 62204520007, Lot 11, Blk 6. NAPLES MANOR EXTENSION 43. Paul L Riddleberger Jr, Folio # 62204520007, Lot 11, Blk 6, NAPLES MANOR EXTENSION 44. Paul L Riddleberger Jr, Folio # 62204520007, Lot 11, Blk 6, NAPLES MANOR EXTENSION 45. Lucy Rines, Estate, Folio # 50891000007, Lot 34, HOLLY TERRACE NO. ___~ ~'_ .(,L._~_I FEB ? 7 200 I: 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. William D Roberts, Deceased, Robert A Roberts and Richard H Roberts, Co- Trustees, Folio # 00122280009. Section 4. In Township 47 South, Range 29 East William D R~berts, Deceased. Robert A Roberts and Richard H Roberts, Co- Trustees, Folio # 00122240007. Section 4, Township 47 South, Range 29 East Emesto Rodriguez Construction Inc., Folio # 6209888005, Lot 4, Blk 10, NAPLES MANOR ADDITION Simon. Connie and Marlo Pikul, Folio # 62201760006, Lot 24, Blk 4, NAPLES MANOR EXTENSION Connie Simon and Marlo Pikul. Folio # 62201760006. Lot 24, Blk 4. NAPLES MANOR EXTENSION Connie Simon and Marlo Pikul, Folio # 62201760006, Lot 24. Blk 4, NAPLES MANOR EXTENSION Connie Simon and Marlo Pikul. Folio # 62201760006, Lot 24. Blk 4, NAPLES klANOR EXTENSION Emilio Roland Stillo; Gilda Stillo, Custodian for nilnors: Joseph T. Stillo, Jr. and Francesca L. Stillo; Philip Bruni. Custodian for Minors: Giulio Bruni and Andrea Bruni, Folio # 58108880006, Lot 4, Blk 406, Unit 13, MARCO BEACH SUBDIVISION Emillio Roland Stillo ET AL. Folio # 58108880006. Lot 4, Blk 406. Unit 13, MARCO BEACH SUBDIVISION Ernest Taylor. Leona Davis. Winifred Douglas and Edretha Allen. Folio # 25630240008. Lot 8. Blk 7. CARSON'S ADDITION Daniel vonRabenaa, Trustee, Talcott Communication Corp.. Pension Plan & Trust, Folio # 48072640007, Lot 70. GULF HARBOR Edward Leroy & Melinda Anne Wilson. Folio # 22670360006. Lot 12, Unit 1 REPLAT AVALON ESTATES 58. Yeager Jr, John C, Folio # 49482160008, Lot 59, HEIGHLAND VILLA FEB 2 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 9 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR WORK ASSOCIATED WITH THE BIG MARCO AND CAPRI PASS INLET MANAGEMENT PLAN OBJECTIVE: To obtain approval of an Amendment to the Professional Services Agreement with Humiston & Moore Engineers to perform a feasibility study for a proposed beach renourishment project at Hideaway Beach. CONSIDERATIONS: On May 17, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform the Big Marco and Capri Pass Inlet Management Study. As identified in the study, one of the alternatives to provide mitigation for the inlet impacts was renourishment of Hideaway Beach. The objective of the services to be. performed under this amendment is to eliminate uncertainties related to permitting a sand source for the proposed renourishment project. The results could affect the total cost and viability of the proposed project. The attached amendment has been prepared to provide authorization in this regard. FISCAL IMPACT: The contractual amount of this amendment is $22,000.00. Appropriation of funds for this purpose was recommended for approval by the Beach Renourishment/Maintenance Committee on December 19, 2000, the Tourist Development Council on January 8, 2001 and the Board of County Commissioners on January 9, 2001 [Agenda Item 8(D)(5)]. 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 action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve Amendment No. 9 to the Professional Services Agreement with Humiston & Moore Engineers for the Big Marco & Capri Pass Inlet Management Plan. 2. Authorize the Chairman to execute the Amendment. PREPARED BY: ~~//~-~-~ DATE: Harold E. Huber, Project Manager m Public Utilities Engineering Department REVIEWED BY: ~f~' ~ Karl W. Boyer, P.E., Interim~ v ,_,~. -._ Director Public Utilities Engineering Department Jam'es V. Mudd, P.E., Administrator Public Utilities Division DATE: DATE: ?z 7 20£,i AMENDMENT NO. 9 CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT IS MADE AND ENTERED into this day of , 2000 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Humiston and Moore Engineers, a Florida corporation, authorized to do business in the State of Florida, whose business address is 5679 Strand Court, Naples, Florida 34110. (Hereinafter referred to as the "CONSULTANT"). WlTNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning a certain feasibility study for the Capri Pass and Big Marco Pass Inlet Management Plan (hereinafter referred to as the "Project"), said services being more fully described in Exhibit A attached hereto; and WHEREAS, on MAY 17, 1994 the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform design services for the Project; and WHEREAS, the CONSULTANT has submitted a proposal for performing a feasibility study for a proposed beach renourishrnent project at Hideaway Beach. WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW THEREFORE, '~n consideration of the mutual covenants contained her~in and other good and valuable consideration. the Capri Pass and Big Marco Pass Inlet Management Plan Professional Services Agreement entered into on May 17, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: 1. Schedule B, Attachments B and C of the Agreement dated May 17, 1994, is hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit "A" is the December 1, 2000 letter fi'om Humiston & Moore Engineers to Project Manager Harry Huber re: "Proposal for Feasibility Study - Hideaway Beach Renourishment. 1 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $22,000.00 provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Agreement, all provisions of the original contract are in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. ATTEST: By: Deputy BOARD OF COUNTY COMt~ISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By:. Approved as to form and Legal sufficiency: //7 A.A~sist~t County Atto-rn~y Witness James D. Carter, Ph.D., Chairman Humiston and Moore Engineers Kenneth K. Humiston, P.E. President Typed or printed name (CORPORATE SEAL) Typed or printed name A~tachmen! 2 FEB 2 7 2001 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING ]~:ITBI~ mA" 5679 STRAND COURT, UNIT NAP[ES, FLORIDA 34110 FAX: 941 594 2025 PHONE: 9z~! 594 2021 December 1, 2000 Mr. Harry Huber, P.E. Collier County Division of Public Services Parks and Recreation Department 3300 Santa Barbara Blvd. Naples, FL 34116 Re: Proposal for Feasibility Study, Hideaway Beach Renourishment, H&M File No. 8002b Dear Harry: As we discussed, there are two elements of uncertainty which can potentially increase project cost of the Hideaway Beach Renourishment Project. One is permitting, which as you know, has become rather complicated for this area for several reasons. The other uncertain issue is the location of the sand source. It may be possible to find a suitable source of sand within the inlet shoal system, however, if it cannot be demonstrated that this can be done without adverse impacts, or if Aquatic Preserve jurisdictional issues eliminate nearby sources, it will be necessary to look in other areas for a sand source. We already know from the 1991 nourishment project that nearshore areas beyond the region immediately beyond the inlet shoal system are not a good candidate for beach sand, so the search would probably have to extend further offshore. A more distant offshore source creates another problem because dredging in such locations requires a large dredge capable of operating in the offshore environment. This means significantly higher mobilization costs. This might not be feasible for a relatively small project such as Hideaway Beach because offshore dredging requires large dredging equipment which may have a mobilization cost of as much as $1,000,000, or more. We would therefore recommend a feasibility study prior to commencing with design and permitting. The scope of the feasibility study would be to conduct a hydrographic survey of the inlet shoal system and prepare some conceptual drawings of potential borrow sites. These conceptual plans would then be used in a pre-application meeting with the agencies to determine if the concept of dredging inlet shoals is permittable and what types of analyses would be required. A budget for a feasibility study is provided below: Feasibility Study Survey ........................................................................................$ Conceptual Plans, meet with agencies .......................................$ Total .................................................................................$ 10,000 12,000 22,000 We propose to provide you with these services, which will include submittal of ten copies of a Feasibility Report to include the physical information on the inlet as well as a report of the agency pre-application response. We propose to provide you with these services on a lump sum basis, to be billed 'on a percentage completion basis in accordance with the attached fee schedule and Standard General conditions dated January 1, 2000. We propose to provide you with the services described above for the lump sum cost of $22,000.00. Any services not included in the above scope of work, such as presentations or attendance at meetings, will be billed on a time and materials basis in accordance with the attached fee schedule. Please call if you have any questions. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Attachments HUMISTON & MOORE ENGINEERS o NAPLES. FLORIDA AG£NDA .o. FEB 2 7 20rJl & MOROSE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STRAND COUR'E, UNrF I 10 ~LES, FLORIDA 34110 FAX: 941 594 2025 PHONE: 941 $~4 202! FEE SCHEDULE Humiston & Moore Engineers January 1, 2000 Principal Engineer* ...........................................................$120.00/hr Senior Engineer* ..............................................................$100.00/hr Associate Engineer* ..........................................................$85.00/hr Staff Engineer .................................................................$75.00/hr Staff Engineer .................................................................$65.00/hr Technician ......................................................................$55.00/hr Administrative Assistant .....................................................$50.00/hr Facsimile .............: ..........................................................$1.00/pg Copies (in house) ............................................................$0.05/pg Mileage .........................................................................$0.29/mi Telephone ......................................................................No Charge * Registered Professional Engineer, or Engineer Ph.D. All out of pocket expenses not covered above will be billed as expenses and included with the monthly invoice. There will be a 10% markup on all expenses not specifically listed above as well as for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice. A late payment charge of 1.5% per month, calculated from the date of invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. FEB 2 7 200t EXECUTIVE SlIMMARY APPROVE CHANGE ORDER NO.1TO AMENDMENT NO.6 OF THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR THE BIG MARCO PASS AND CAPRI PASS INLET MANAGEMENT PLAN. OB~IECTIVE: To obtain approval of a change order for performance of additional services related to acquisition of permits for the Collier Bay Entrance Dredging project. CONSIDERATIONS: On September 28, 1999, the Board of County Commissioners approved a Tourist Development Council Grant Application in the amount of $315,750.00 for design, permitting, and construction activities associated with dredging the entrance channel to Collier Bay on Marco Island. A permit application for this proposed activity was submitted to the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers (ACOE) in March, 2000. Because the regulatory agencies will likely request additional information to obtain the permits for this project, it is anticipated that additional costs will need to be incurred. Therefore, a Tourist Development Council funding application was submitted and approved by the Board of County Commissioners on January 9, 2001 [Agenda Item 8(D)(7)]. The attached change order has been prepared to provide authorization for performance of these additional services. FISCAL IMPACT: The total cost of this change order is $25,000.00. Funds for this purpose have been appropriated in Fund 195, Tourist Development -60%. The source of funds is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: Approve the attached change order for additional permitting costs associated with' the Collier Bay Entrance Dredging project. 2. Authorize the Public Utilities Engineering Director to execute the change order. PREPRED BY: v,,~/~,:z,.~4~_.c.~-,__~DATE: / ~. c / Harold E. Huber, Project Manager [II. Public Utilities Engineering Department REVIEWED BY: APPROVED BY: / ? Karl W. Boyer, P.E:; Interim Director Public Utilities Engineering Department ,J, ...... -:.,-~f---""-,?r/: Y(/,,~/':" DATE: Jam~S V. Mudd, P.E., Administrator Public Utilities Division FEB Z '? tOL,~ TO: Humiston & Moore Engineers. 5679 Strand Court, Unit 110 Naples, Florida 34t 10 CHANGE ORDER FROM: Collier Coun~ .Public Utilities Engineering _Dept. 3301Tamiami Trail E., Bldg. H Naples, FL-34112 Project Name: Capri Pass and Big Marco Inlet Management Plan (Amendment No. 6) Construction Agreement Dated: October 26, 1999P.O. 006785 Change Order No.: 1 Date: January 29, 2001 Change Order Description: Additional professional services necessary to obtain permits for the Collier Bay Entrance Dredging project. Original agreement amount ........................................................$ 106,750.00 Sum of previous change orders, amount .......................................$ 0.00 This Change Order Amount [add] ............................................................$ 25,000.00 Revised Agreement Amount .............· .........................................................$ 131,750.00 Original contract time in calendar days .........................................N/A - Continuing Contract Adjusted number of calendar days due to previous change orders ..........-0- This change order adjusted time is ..............................................-0- Revised Contract Time in calendar days ............................................N/A - Continuing Contract Original Notice to Proceed date .........................................................November 2, 1999 Completion date based on original contract time .................................N/A - Continuing Contract Revised completion date due to change order (s) .................................N/A Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this 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: Date: Harry Huber, Project Manager.IIl Mublic Utilities Engineering Department Accepted by: Date: Kenneth K. Humiston, President Humiston & Moore Engineers Approved by: Date: Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department (For Use by Owner: Fund: 195 Cost Center: 110406Object Code: 631400 Project No: 10258) EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 9 accounts that have paid in full for the 1991 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $64.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 9 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 9 Satisfaction of Liens for the 1991 Solid Waste Collection Services Special Assessment Liens. FEB Prepared by :e~~~ Reviewed by: Reviewed by: ~ ~_~,~ Date: Pain Callis, R~ue Supervisor SoF, d W a~r~-'De p~ J//~d ~/. ~ Date: ~e~a ~' Riesen, Collections Revenue Manager Solid Waste Dep~ent ~-~ ~~ ~~ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. ~,pproved by: ~~AMdanmai gniesmtreatni~epartment Public Utilities Division Date: FEB 2 7 20~i RESOLUTION NO. 2001 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 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 County: Account No. 44053 Account No. 45816 Account No. 016308 Account No. 026851 Account No. 026903 Account No. 041959 Account No. 076005 Account No. 098054 Account No. 100450 FEB 2 7 2001 This Resolution adopted this~ second and majority vote ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legacy: County Attorney day of ,2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman FEB 2 7 21)01 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction. of Liens for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. .. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 17 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $112.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 17 Satisfaction of Liens on the accounts listed in the Resolution and authorizing the Chairman to sign the 17 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. Prepared by: Pam Callis,/R6venue Supervisor Date: Solid W,a(te Department Reviewed by: _ ~ Date: ~ere/sff"A. Riesen, Collections Revenue Manager Solid Waste Department Reviewed by: e-'-'""~---:_ ~...~ ~_.~~ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department J,~s V. Mudd, P.E., Administrator Public Utilities Division Date: FEB 2 7 2001 RESOLUTION NO. 2001 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance NO. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance NO. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 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 County: Account No. 12108 Account No. 21157 Account No. 34050 Account No. 34953 Account No. 36003 Account No. 42851 Account No. 45803 Account No. 58052 Account No. 78456 Account No. 87256 Account No. 101307 Account No. 110903 Account No. 132855 Account No. 142450 Account No. 144801 Account No. 145703 Account No. 148603 FEB 2 ? 2001 This Resolution adopted this __ dav of ,2001, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE 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: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection 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 Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 21 accounts that have paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $136.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 21 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 21 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. Prepared by~7~-~oe~ ~ Date: Pam Callis, Revenue Supervisor Sol'ld ~epart.~t . Reviewed by: .. ~,~/~a, c, ~/z Date: Teresa X. Riesen, C~11ections Revenue Manager Solid Waste Department G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Di~.S.~lid Waste Management Department Ja~s V. Mudd. P.E., Administrator Public Utilities Division Date: RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified 'herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 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 County: Account No. 6774 Account No. 6907 Account No. 7184 Account No. 8659 Account No. 11455 Account No. 11714 Account No. 11918 Account No. 12519 Account No. 15927 Account No. 17048 Account No. 17255 Account No. 17417 Account No. 19114 Account No. 21733 Account No. 22091 Account No. 23744 Account No. 24206 Account No. 28192 Account No. 28736 Account No. 29434 Account No. 305967 FEB This Resolution adopted this second and majority vote. ATTEST: DWIGHT E, BROCK, CLERK Approved as to form and legal s~y: /~David C~/v~reigel County Attorney __ day of , 2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH, D, Chairman EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection 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 Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 22 accounts that have paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $142.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 22 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 22 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. FEB 2 7 2001 ~._ I Prepared by:~~o~ ~'~ ~_(~r Pam Call)if[Revenue Superviso Solid W/aste Department ~~ Xe~2~q Riesen, Collections Revenue Manager Sohd Waste Depmtment Reviewed by: ~ ~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Direc~id Waste Management Department Approved by: ~-~'~~~/~.~'e~-~4~ Jam~fV. Mudd, P.E., Admin~'strator Public Utilities Division Date: Date: Date: ~__/,~/o.f._ FEB 2 7 ~: RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 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 County: Account No. 437 Account No. 3641 Account No. 5597 Account No. 5694 Account No. 7207 Account No. 7715 Account No. 10304 Account No. 10540 Account No. 11125 Account No. 11934 Account No. 13819 Account No. 14070 Account No. 15956 Account No. 16379 Account No. 16544 Account No. 16557 Account No. 20899 Account No. 22295 Account No. 22994 Account No. 26660 Account No. 27193 Account No. 27957 FEB 2 7 2001 This Resolution adopted this second and majority vote. day of . , 2001, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal suffic~cy: gCounty Attorney BY: James D. Carter, PH. D, Chairman NO. . _ _ ~* FEB 2 7 20~t EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 20-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 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. 20-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 58 accounts that have paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $358.50, which is to be charged to Public Utilities/Mandatory Solid Waste.- GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 58 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 58 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special. Assessment Liens. Prepared by~~ ~~ Date: Pam Callis~vRevenue Supervisor Solid W/gg[e Departme~ . / f Reviewed by: / ~.~r- '. Date: Teresa A. Riesen, Collections Revenue Manager Solid Waste Department Reviewed by: -~'-~,~---..-~ ~ Date: G. George Yilmaz, Ph.D., P.E.? P.H., R.E.P. Direc?~ Waste Management Department Approved by: K .... =7 James"~. Mudd. P.E., Administrator ' Public Utilities Division Date: RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of CounD, Commissioners on August 1, 2000 adopted Resolution No. 20-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolmion No. 20-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida~ which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessmeres for 1995; and WHEREAS, Collier Count)' Ordinance No. 90-30, as amended, requires the. Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLOPdDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 20-236, whereupon a lien had been recorded on real propert3,' pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of Count>' Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 55 Account No. 136 Account No. 1300 Account No. 2228 Account No. 2671 Account No. 3256 Account No. 3340 Account No. 3353 Account No. 3395 Account No. 3421 Account No. 3874 Account No. 5335 Account No. 5665 Account No. 5856 Account No. 5872 Account No. 5953 Account No. 6017 Account No. 6127 Account No. 6130 Account No. 6169 Account No. 6428 Account No. 72! 0 Account No. 7223 Account No. 7760 Account No. 7799 Account No. 8206 Account No. 8691 Account No. 8785 Account No. 8950 Account No. 9674 Account No. 10731 Account No. 11002 Account No. 11620 Account No. 11811 Account No. 11989 Account No. 12357 Account No. 14876 Account No. 15257 Account No. 15299 Account No. 15435 Account No. 16984 Accourn No. 17271 Account No. 17666 Account No. 17679 Account No. 18924 Account No. 18966 Account No. 19211 Account No. 19538 Account No. 20857 Account No. 22185 Account No. 23511 Account No. 23977 Account No. 24248 Account No. 24675 Account No. 25454 Account No. 27986 Account No. 28066 Account No. 28464 This Resolution adopted this second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: C~ oa Vu indt v~Woe ir ngee~ day of ,2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH.D, Chairman FEB 27 PG. 4-" 2 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where. the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 20-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 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~ 20-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 97 accounts that have paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $597.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 97 Satisfaction of Liens for the accounts listed in the Resolution and authorizing-the Chairman to sign the 97 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. '? ? 2ooi Reviewed by: Prepared by :~'~ 04~n ~--_~~ Date: Pain Calli/s(Revenue Supervisor Solid Wffste Departme~ '//~-/"~ ~" ~ Date: Ter/3a A. Riesen, Collections Revenue Manager Solid Waste Department R/;v~ved by:~-~"'-_---.--~2~ ~h-------~~ Date: :[" G. George Yilm~ Ph.D., P.E., P.H., R.E.P. Dire.c..t~r~id Waste Management D;partment Approved by: ~affi~udd, P.E., Administrator Public Utilities Division Date: RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier Count)' Ordinance No. 90-30, as amended, the Board of Comity Commissioners on August 1, 2000 adopted Resolution No. 20-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 20-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996: and WHEREAS, Collier County Ordinance No. 90-30, as amended~ requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. ~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COL~'TY, FLORIDA, that pursuant to Collier. County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the follo~x4ng account numbered below, subsequent to the adoption of Resolution No. 20- 236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 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 Count)': Account No. 194 Account No. 576 Account No. 631 Accom~tNo. 1135 Account No. 1193 Account No. 1449 Account No. 1834 Account No. 2244 Account No. 2655 Account No. 3117 Account No. 3201 Account No. 3308 Account No. 3366 Account No. 3450 ? Account No. 3528 Account No. 4080 Account No. 4488 Account No. 4750 Account No. 5047 Account No. 5322 Account No.. 6266 Account No. 6758 Account No. 6761 Account No. 8277 Account No. 8293 Account No. 8332 Account No. 8866 Account No. 9098 Account No. 9137 Account No. 9153 Account No. 9438 Account No. 9522 Account No. 10249 Account No. 10485 Account No. 11316 Account No. 11617 Account No. 11879 Account No. 11895 Account No. 11934 AccoumNo. 12001 Account No. 12250 Account No. 12658 Account No. 12674 Account No. 12920 Account No. 13738 Account No. 13932 Account No. 15286 Account No. 15448 Account No. 15804 Account No. 15862 Account No. 16117 Account No. 16256 Account No. 16489 Account No. 16641 Accoun!No. 17077 Account No. 17093 Account No. 17187 Account No. 17297 Account No~ 17527 Account No. 18157 Account No. 18306 Account No. 18432 Account No. 18827 Account No. 18843 Account No. 19088 Account No. 19211 Account No. 19318 Account No. 19509 Account No. 19512 Account No. 19651 Account No. 19664 Account No. 20080 Account No. 20679 Account No. 21102 Accom~t No. 21160 Account No. 21458 FEB 7 Account No. 2 t 542 Account No, 21597 Account No. 22389 Account No, 22473 Account No. 22897 Account No. 23825 Account No. 24112 Account No. 24264 Account No~ 24950 Account No. 25959 Account No, 26071 Account No. 26518 Account No. 26770 Account No. 27342 Account No. 27601 Account No. 27698 Account No. 29573 Account No. 30711 Account No. 31312 Accounl No. 31972 Account No. 33064 This Resolution adopted after this __ second and majorit3' vote. day of _, 2001 after motion, DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Count>' Attorney James D. Carter, PH. D, Chairman 0_ 2 7 20~Ji EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees, CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay ~,ad Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) exect ted by: SEE ATTACHED EXHIBIT A Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $11,700.00 and the sewer impact fee fund by $251,147.94. The fiscal impact for recording the Satisfaction of Liens is approximately $568.50, which is to be charged to the Utility Billing Customer Service. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute each satisfaction. To acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Prepared by:~....,.,,_ C/~_.~a,_{~r'~..~'.,,~, Date: Pam Calhs, Rfij~nue Supervisor Solid W~epartm~,~ Reviewed by: ///J~, ///~_~-----"-"'-'~ Date: T~(ms~ A~. l~d~sen, (~ollections Revenue Manager Solid Waste Department Reviewed by;~~ -~ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. DirecJm'TS'6Itgl Waste Management Department Approved by: (// ~-~...~. ~~ Date: Jame,~'~. Mudd, P.E., Admini~rator Public Utilities Division FEB 2 7 2001 EXHIBIT A o 10. George M. Barron, a single man, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. Terrill Marvin Bass, a single person, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Mary Katherine Berkoben and Shirley L. Hoover, securing the principal balance of one thousand seven hundred forty one dollars and eighty cents ($1,741.80) plus accrued interest. Mario Berny, a widower, securing the principal balance of eleven thousand two hundred dollars and no cents ($11,200.00) plus accrued interest. Omar Botana and Julia Botana, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. Bouquet of Naples, Inc., a Florida Corporation, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. R. John Bygmve, a single man, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Edward L. Connolly Jr, and Gayle N. Connolly, husband and wife, Sellers VVilliam L. Winkleman and Rose M. Lemmer Winkleman, husband and wife, Buyers, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Timotei D. Copacianu and Georgeta Copacianu, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. David M. Dalton and Jull Faulhaber Dalton, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. FEB 2 7 2001 P$o 11. Evelyn J. Dickerson, securing the principal balance of two thousand three hundred sixty three dollars and ninety cents ($2,363.90) plus accrued interest. 12. Evelyn J. Dickerson, securing the principal balance of two thousand three hundred sixty three dollars and ninety cents ($2,363.90) plus accrued interest. 13. Alvin R. Diephouse and Margaret A. Diephouse, husband and wife, securing the principal balance of nine thousand eight hundred and no cents ($9,800.00) plus accrued interest. 14. David N. Dornton and Leslie A. Dornton, husband and wife, securing the principal bala ice of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. 15. Larry L. Ellenberger and Edith Kay Ellenberger, husband and wife, securing the principal balance of one hundred two thousand eight hundred twenty dollars and no cents ($102,820.00) plus accrued interest. 16. John G. Fadden and Mary Louise Fadden, husband and wife, securing the principal balance of one thousand one hundred eighty and no cents ($1,180.00) plus accrued interest. 17. Betty J. Ferguson, a widow, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 18. R. M. Flint and Doris J. Flint, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 19. First Assembly of God, Inc., a Florida corporation, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 20. Francis J. Fox and Loretta Fox, husband and wife, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. 21.Antonio Frisa and Rosemarie Frisa, husband and wife, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. 22. Robed C. Gebhardt, P.A., a Florida professional corporation, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. .0.?_ C) FEB 2 7 2001 23. John K. Gordy and Nevada L. Gordy, husband and wife, securing the principal balance of ten thousand eight hundred and no cents ($10,800.00) plus accrued interest. 24. Roger Guidinger, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. 25. Maurice C. Gutierrez and Lori M. Gutierrez, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. 26. Robert B. Hall, a single man, Seller Norman and Marilee C. Cox, husband and wife, Buyers, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05), plus accrued interest. 27.VVilliam P. Hennells and Shirley M. Hennells, husband and wife, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00), plus accrued interest. 28.Wdliam A. Hendry and Trudy M. Hendry, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 29. Juan M. Hernandez and Concepcion Hernandez, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued .interest. 30.Todd D. Hogan, a single man, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75), plus accrued interest. 31. Leonard and Diane Hoop, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 32. Joseph M. Hovland, as Trustee, securing the principal balance of three thousand three hundred fift-.y dollars and no cents ($3,350.00), plus accrued interest. 33. Robert A. Hoyles, a single man, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. 34. Carolyn J. Hudnall, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00), plus accrued interest. 35. Fred M. Jackson and Myra G. Jackson, husband and wife, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00), plus accrued interest. #0..~~~.. FEB 2 7 2001 36. John Johnson and Dorothy U. Johnson, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05), plus accrued interest. 37. Josue Jules and Tercillia Jules, husband and wife, securing the principal balance of one thousand five hundred forty one dollars and ten cents ($1,541.10) plus accrued interest. 38. Charles R. Keller, securing the principal balance of seven thousand eight hundred forty dollars and no cents ($7,840.00) plus accrued interest. 39.John F. Keller, III, and Dona R. Kelle~, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 40. James E. Ketrow, a single man and Karen E. Lipesky, a single woman, as joint tenants with full rights of survivorship, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 41. Paul L. Kordish and Susan E. Kordish, husband and wife, securing the principal balance of six hundred forty five dollars and no cents ($645.00) plus accrued interest. 42. Douglas R. Lollis and Priscilla K. Lollis, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 43. Paul Wayne Loofboro and Dorothy Mae Loofboro, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 44. Richard M. McLaughlin, a single man, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05), plus accrued interest. 45.Jesse Maddix, Jr. and Eva M. Maddix, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 46.Alice Martin, a widow, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. FEB 2 7 2001 47. Joseph Milan and Karen Milan, his wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 48. George W. Miller Jr., and Susan R. Miller, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 49. Joanne Morgan, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 50. Nordius Noel and Maricia B. Noel, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 51. Robert Pedro Olivos and Haydee Luise Olivos, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 52. Gumersindo E. Ortega and Marta S. Ortega, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 53. Overseas Supply Agency, Inc., a Florida corporation, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. 54. Harriette L. Peebles, a single woman, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66) plus accrued interest. 55. William M. Peters and Lori A. Peters, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 56. Philip C. Pierce and Debra S. Pierce, husband and wife, securing the principal balance of one thousand five hundred eighty one dollars and seventy seven cents ($1,581.77) plus accrued interest. 57. Pamela Guida Primm Johnson and Voncile Cain, as joint tenants with rights of survivorship and Godfrey W. Weese, life estate, securing the principal balance of one thousand two hundred sixty seven dollars and no cents ($1,267.00) plus accrued interest. FE 2 7 Zuu PC,., 58. Larry D. Redding and Marci H. Redding, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 59.James R. Riddle and Roxanne Riddle, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 60. Norbert Robinson, a widower, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 61.Arturo Salinas Sr., and Maria A. Salinas, husband and wife, securing the principal balance of one thousand five hundred dollars and s.~venty five cents ($1,500.75) plus accrued interest. 62. Carol L Sevier, a single woman, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. 63. Lois ^. Shiro, a single woman, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 64. Donahue B. Silvis, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. 65. Jonathan L. Smith and Cathy M. Smith, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 66.Julio Soto, a single man, and Ramiro Soto, a single man, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 67. Frank Wilfred Stebbins, a single man, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 68. Stone Building Corporation, a Florida corporation, Sellers, and Francisco Reinaldo Blanco and Diana Blanco, husband and wife, Buyers, securing the principal balance of one thousand five hundred thirteen dollars and twenty cents ($1,513.20) plus accrued interest. 69. Stone Building Corporation, a Florida Corporation, Seller, Vernell Pugh, Buyer, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. .0. FEB 2 7 2001 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. Bradley C. Thompson and Cathryn R. Thompson, husband and wife, securing the principal balance of one thousand seven hundred forty one dollars and eighty cents ($1,741.80) plus accrued interest. Ronald W. Thompson, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Thomas H. Vicker and Ruta Vicker, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Anthony Voigt, a married man, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00) plus accrued interest. E. Thomas Wainwright, SR., and Marjorie S. Wainwright, husband and wife, securing the principal balance of seven thousand twenty dollars and no cents ($7,020.00) plus accrued interest. Jeanette I. Waller, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. Mervin I. Ward, Jr, and Kathleen A. Ward, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Clydell M. W~llson O'Grady, a widow, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Jesse Wolfe, a widower, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. Frank M. Zangari, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. AG[I~DA %T£1,,I _ FEB 2 7 2001 EXECUTIVE SUMMARY AUTHORIZE A WORK ORDER UNDER THE FIXED TERM STRUCTURAL ENGINEERING SERVICES CONTRACT WITH KRIS JAIN AND ASSOCIATES, INC., FOR DESIGN OF A STORAGE BUILDING FOR THE NORTH COUNTY WATER RECLAMATION FACILITY. OBJECTIVE:' To design a storage building to protect and secure equipment at the North County Water Reclamation Facility. CONSIDERATIONS: The North County Water Reclamation Facility is in need of a storage building to house facility equipment and parts. An existing building frame and roof exists which can be utilized for this purpose. A design engineer, Kris Jain and Associates, has provided a quote to the Wastewater Department for $33,000.00 for design fees to enclose and convert into a storage building. Staff recommends the authorization of a Work Order to proceed with this design work. FISCAL IMPACT: Funds in the amount of $33,000 have been budgeted in the North County Water Reclamation Facility 5 MGD Expansion fund. The source of the funds are user fees. GROWTH MANAGEMENT IMPACT: This project does not haoe a growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District approve a Work Order for Kris Jain and Associates, Inc. for the design of a storage building. at the North County Water Reclamation Facility. .~ PREPARED BY: ~ ¢'v,~_ '~ cx_ . . DATE:~C_~ (~ ~ Dennis Barnard, Chief Operator REVIEWED BY: APPROVED BY: Jd~ Cheatham, Wastewater Director James V. Mudd, P.E., Public Utilities Administrator WORK ORDER # KJA-FT-01-02 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 (Title) NCWRF MAINTENANCE EQUIPMENT BUILDING-MODIFY EXISTING SLUDGE STORAGE FACILITY (Reason for Proiect) To provide an enclosed facility for Plant equipment for safety, security and weather protection purposes. The work is specified in the proposal dated December 22, 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 #KJA-FT-01-02 is assigned to Krls Jain & Associates, Inc. Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task I - Topographical Survey (Allowance) Task 2 - Design - Preliminary and Final Task 3 - Bidding Phase Task 4 - Reimbursables Schedule of Work: Complete work within 30 weeks 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 and lump sum amount amounts indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). (List all Tasks) Task 1- Topographical S~rve)~ Allowance $ 3,000.00 (Time & Material) Task 2 - Design - Prelim & Final $26,000.00 (Lump Sum) Task 3- Bidding Phase $ 3,000.00 (Lump Sum) Task 4- Reimbursables $ 1,000.00 (Time & Material) TOTAL FEE $33,000.00 (LS and T&M) Any change within monetary authority of this Work Order made subsequent to final approval will be considered an ~lditional service charged department "A" of the Agreement. ~.~ and according to Schedule Dennis Barnprd, Chief Opera-~r, NWRF Date . , .' REVIEWED BY: J~e Cheatham, Wastewater Director Date ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk -- Collier County, Florida By: By: Deputy Clerk Approved as to Form and Legal Sufficiency: A[s~istant County Attorney Date: ATTEST: (Corporate Secretary) By: Type Name and Title (or) witnesses (2) (1) Signature Print Name James D. Carter, Ph.D, Chairman Kris Jain & Associat'~, Inc. Signature (2) Signature Print Name STRUCTURAL BUILDINGS BRIDGES ENVIRONMENTAL REPAIRS INVESTIGATIONS REPORTS INSPECTIONS FAILURE ANALYSIS KRIS JAIN & ASSOC., INC. CONSULTING ENGINEERS 660 NINTH ST. N, · SUITE 36 · NAPLES, FL 34102 · ~(94¥) 262-4225 FAX 262-4101 Mr. Dennis R. Bernard Chief Operator, NCRWTF Public Works Division 3301 E. Tamiami Trail Naples, FL 34112 December 22, 2000 Pete Schalt, PWED Re f: Maintenance Equipment Building Modification of Existing Sludge Storage Facility Dear Dennis: Enclosed is an updated Proposal/Agreement for providing Engineering services in connection with the referenced Maintenance Equipment Building. Please destroy all previous copies. A very rough cost estimate indicates that the building and site development will probably cost around $400,000. A more realistic cost estimate, for budgetary purposes, will be provided after we start with the final design. Our preliminary building code check indicates that sprinklers would be required for a 6500 s.f. building used for storage of the maintenance equipment (Tractors, front end loaders, boom type tractor movers etc.). The building requires a multi-disciplinary involvement of Architect, Electrical/Mechanical/Plumbing, Structural & Civil professionals. Rehabbing an existing facility requires more time in design and construction due to its complexity than a new facility. We are enclosing a work spreadsheet indicating an estimate of engineering fee for Phase I of the project. .. We request issue of a "Work and Purchase Order" and an authorization to proceed. Should you have any questions, please let us know. Very truly yours, Kris K. Jain, P.E. President Encl: Proposal/Agreement w/encl. Fee estimate work sheet MEMBER: FES ASCE ACl PCl 27__ ] FEB 2? 2001 / PTI STRUCTURAL BUILDINGS BRIDGES ENVIRONMENTAL REPAIRS INVESTIGATIONS REPORTS INSPECTIONS FAILURE ANALYSIS KRIS JAIN & ASSOC., INC. CONSULTING ENGINEERS 660 NINTH ST. N. * SUITE 36 * NAPLES, FL 34102 PROPOSAL/AGREEMENT ° (941) 262-4225 FAX 262-4101 Mr. Dennis R. Bernard Chief Operator, NCRWTF Public Works Division 3301 E. Tamiami Trail Naples, FL 34112 December 22, 2000' co: Pete Schalt, PWED Ref: NCRWRF Maintenance Equipment Building (Modification of Sludge Storage Facility) E/A Services Dear Dennis: Pursuant to our meeting of December 6, 2000 with you and Pete Schalt, we are pleased to submit this updated proposal for providing Engineering and incidental Architectural services in connection with modifying the existing Sludge Storage facility to a Maintenance Equipment Building. Please destroy any previous copies. A copy is forwarded to Pete Schalt, PWED for his review and issue of Work and Purchase order. Following is noted: I. GENERAL Owner: Engineer: Consultants: Project: Collier County Govt., Utilities Division Project Manager - Pete Schalt, PWE Kris Jain & Assoc., Inc. Architect - Karl Nelson Elec./Mech. - TLC or J.E. Gonzalez & Assoc. NCRWRF, Maintenance Equipment Building II. BASIC SCOPE OF WORK General: Modify the existing Sludge Storage facility into a Maintenance Equipment storage building. B. The proposed facility design will involve the following key items: MEMBER: Filling the existing depressed floor area (EL +7.0). Installing a new raised concrete floor at approx. EL + 11.0. Cutting and demolishing existing concrete stem walls above floor line in areas of new roll-up and service doors. I .0. _LGJ__q FES · ASCE · ACI · PCI · L~l ~_~ IIIA~ IIIB. BASIC A. Bo Co BASIC A. 8. 9. 10. 11. 12. 13. 14. Enclosing the 4 open sides with a metal siding and metal girt/column system. Interior bumper high guard walls for siding protection. Main access on east side with roll-up doors and service doors on west and other two sides as necessary. Provisions for natural lighting from sides. Ventilation - Forced air, no A/C. Electrical - Relocation of power panel, switches, power receptacles, lighting etc. Floor drains. Water - Hose bibs for wash down. Fire protection system with sprinklers Site Work - exterior filling, grading and modification of existing east paved area to match access from raised floor. Maintenance Equipment for storage: Tractor with high boom, Lawn mower, Front end loader and Misc. vehicles. SCOPE bf DESIGN & BIDDING SERVICES (PHASE I) Conceptual Design: Study existing sludge storage facility and its components. Prepare a conceptual design of the proposed building with schematic drawings. Review with Owner. Preliminary Design: Incorporate Owner comments & develop conceptual design into preliminary Architectural, Structural & Elec./Mech/Plumbing facility design with preliminary drawings. Prepare a preliminary estimate of probable construction cost. Review preliminary design with the Owner. Final Design: Incorporate Owner review comments and develop preliminary Engineering & Architectural design plans into final design plans and specifications for bidding and construction. Prepare a final cost estimate of probable construction cost. Review final documents with the Owner and incorporate comments. Front end bid documents, including General Conditions & Supplementary Conditions are to be provided by the Owner (PWED). Bidding Phase: Assist Owner during bidding and contract award. Attend pre-bid meeting. Provide design clarifications and issue addenda. SCOPE OF CONSTRUCTION PHASE SERVICES (PHASE II) General: It is our understanding that construction of the proposed facility will be in the next fiscal year (after Sept.2001). We shall provide a fee estimate prior to start of this phase. Construction Administration Review product and shop drawing submittals. Observe construction on a periodic basis to review progress and general compliance with the contract documents. Provide inspections at substantial and final completion. Continuous and exhaustive on-site observations are excluded from current Basic Scope. Conduct periodic progress meetings with the Contractor & Owner's Rep. ~I~A .0. Page -2- FEB '2 7 IV. Vo VI. Review Contractor's RFI and change orders. Review Contractor's requests for progress and final payments. Prepare Record Drawings from As-Built information furnished by the Contractor. FEES & PAYMENTS Fees: Fees for providing Basic Scope of services as per Section II, Ilia & IIIB shall be as follows: PHASE 1 · Topographical Survey (Allowance) ................... $ 3,000 · Design Phase (Conceptual, Preliminary & Final, para IIIA). . .$ 26,000 LS · Bidding Phase ............................... $ 3,000 LS · Reimbursable... ........................... '.. $ 1,000 Total Phase I" $ 33,000 · Additional services during Phase 1 (Design) shall be provided on a Time & Expense basis at the Rate Schedule, Exhibit A (Part of fixed term contract). PHASE 2 Fees shall be negotiated prior to the end of Phase I. Payment: Fees shall be invoiced on a periodic/monthly basis in proportion to the services rendered with payment due within 30 days with an overdue charge of 1% per month. ADDITIONAL SERVICES Significant changes in the general scope of the project or its design, including, but not limited to changes in size and complexity, character of construction and revising previously accepted design, plans and specifications when such revisions ar due to causes beyond our control. Review and approval of alternate design and material. Reproduction of plans & specifications for bids, permits, and construction. Construction administration beyond the minimum time period assumed in Basic Scope of Services. Cost of DEP, State and local building and other permits. OWNER'S RESPONSIBILITY A. Furnish us at an early date, complete details of your requirements for this facility. B. Furnish us a topographical survey of the existing grades. (Allowance included in Fee) C. Prepare and furnish front end bid documents including General & Supplementary conditions. Page -3- ,,1 AGE N,I~A. Y_L-- FEB 2 7 20Fji Review and approve Contractor's change orders & request for payments recommended by the Engineer. VII. PROJECT SCHEDULE A. General: Tentative project schedule is attached (Exhibit C). We trust the above satisfactorily sets forth the understanding of the arrangements between us. We shall appreciate your signing this letter in the space provided with a "Work and Purchase Order" based on our Annual Services Contract. We look forward to working with you. Should you have any questions, please let us know. ACCEPTED for Collier County Government By¸ Name ( ) Position Very truly yours, KRIS'JAIN & ASSOC., INC. President Date Encl: Rate Schedule - Exhibit B Project Schedule - Exhibit C wp: \agrm\equipst 1 Page-4- -' GI' IT. !FEB .2 7' 2001 KRIS JAIN & ASSOC., INC. EXHIBIT B RATE SCHEDULE (Maintenance Equipment Building) Phase I, Design and Bid Assistance PROFESSIONAL SERVICES Principal P.E. Architect Cad Draftsman/Tech Secretarial Professional Consultants $125/hr. $ 95/hr. $ 55/hr. $ 45/hr. 1.1 x cost Expenses: 1.2 x cost Note: Rates valid until 8/31/2001 G£ '! IT FEB 2 7 200i KRIS JAIN & ASSOC., INC. EXHIBIT C Date: Phase 1 Design December 21, 2000 Phase Conceptual Design Owner Review Preliminary Design Owner Review Final Design Documents Owner Review Incorporate Comments Bidding Award TENTATIVE PROJECT SCHEDULE Maintenance Storage Building NCRWRF Estimated time 4 weeks* 1 week 4 weeks 1 week 6 weeks 2 week 2 week 6 weeks 4 weeks Year 2001 (Tentative Dates) July 15, 2001 October 1, 2001 Phase II Construction 6 months Year 2001-2002 October 15, 2001 Note * 2 week after contract acceptance L qAG£~lk ITE,~ FEB 2 7 2001 FEE ESTMATE WORK SHEET MAINTENACE EQUIPMENT BUILDING, NCRWRF DECEMBER 2000 TASK PHASE 1 O DESIGN ( CONCEPTUAL, PRELIMINARY & FINAL ) ARCHITECTUAL ELEC/MECH/PLUMBING/FIRE SPRIKLER SITE DEVELOP, CIVIL & SDP STRUCTURAL SPECS, COORD & PROJ MANAGEMENT O BIDDING PHASE ASSISTANCE $3,500 $8,000 $4,000 $7,000 $3,000 $3,500 FEE tOTAL REIMBURSABLES SITE TOPO SURVEY (ALLOWANCE) TOTAL PHASE 1 KRIS JAIN & AASOC. 0101FEE.WQ1 FEE ESTM. $ $29,000 LS $1,000 $33,000 FEB 2 7 2001 EXECUTIVE. SUMMARY AWARD OF BID 00-3186 FOR THE RE.DECKING OF THE EXISTING BOARDWALKS AT TIGERTAIL BEACH Objective: To award Bid to the recommended bidder for the re-decking of the boardwalks at Tigertail Beach, Marco Island. Consideration: Bid 00-3186 was posted on December 27, 2000 with invitations to bid sent to six contractors. Of the six contractors that requested bid packages, three bids were received and are as follows: Modem Services $73,000. ~:. Bayshore Construction $88,251. Owens-Ames Kimball $102,313. Staff has reviewed the bids received and recommends award of bid "Alternate A" (recycled plastic decking) to Modem Services in the amount of $73,000 as the lowest, qualified and responsive bid that can meet the required specifications. Fiscal Impact: Funds are available and budgeted in the Tourist Development Council Fund 195 in the amount of $73,000. Growth Management: The value of this facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners award Bid 00-3186 to Modem Services in the amount of $73,000. Prepared by:'"-'-'-'-~ ///~i..~" %. ~. Tony Rub~o, Project Manager Department of Parks and Recreation Reviewed and '¥~//1 .ff~~.~,/~, Approved by:: gg~/~ Marla Ramsey, Director Department of Parks and rearion Date: Date: Reviewed and - Approved by:: .,~~ ~ Steve Camell, Director Department of Purchasing Reviewed and ~-(:~i ~/~ L %-'3 Approved by:: '-~-'~ <~-~-'~' ~ ~ Leo Ochs, Jr., AdminiStrator Division of Public (S~rvices Date: Agend~ I.tem FEB 2 7. 2001 EXECUTIVE SUMMARY ACCEPTANCE OF A N ADDITIONAL $62,667 IN STATE AID TO LIBRARIES IN FY01. OBJECTIVE: To recognize and budget additional funds that the Collier County Public Library System is authorized to receive in State Aid for FY 2001. CONSIDERATIONS: The Board approved submission of the Application for State Aid on September 12, 2000. (Agenda Item 16.d.3.) Florida Statutes stipulate the manner in which these .funds may be expended. State Aid to Libraries is, by legislative intent, provided to improve library services within the State and is to supplement, rather than replace, local efforts towards that end. The Collier County Public Library has qualified for State Aid to Libraries since the program inception in 1964. State Aid was included as anticipated revenue ($350,000)in the FY 2001 Collier County Library Grant Fund Budget. The actual amount of State Aid received depends on the number of Florida Counties qualifying and the amount of funds appropriated by the Florida Legislature. This program was funded by the Legislature at a level that will provide $412,667 to Collier County. This figure is $62,667 higher than anticipated in the FY2001 Budget. As local government support for the Library increases, so does the amount returned to Collier County in State Aid. These funds can be used for any Library expense except fixed capital purchases such as construction expenses for a new library and cannot replace local funds. Library staff is recommending that funds be used to purchase additional computer equipment and furniture that will be used for the Public at all of the Library locations. FISCAL IMPACT: The Library Grant Fund Budget for FY 2001 will increase from $350,000to $412,667. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends Board approval of any necessary budget amendments that recognize additional State Aid. - ~' ~~-- Director Prepared by: ~l-~~s, Assistant Li-b-r- ry DATE: - Approved ~g _. ~ DATE.~ and ~-, ./~c-? Approved by' ~/ DATE'~ ~e~- O~h~'J~ ~1~--- s Administrator ........ FEB 2 1 2001 EXECUTIVE SUMMARY APPROVE ROAD CLOSURE OF STATE ROAD 29 FOR ROBERTS RANCH ROUNDUP CATTLE DRIVE. OBJECTIVE: That the Board of County Commissioners approve road closure of SR 29 for the Roberts Ranch fundraising event, the Roundup, March 10, 2001 from 9:30 am to 11 am for a cattle drive. CONSIDERATION: Last year's event raised $9,000 for the restoration of the Ranch and included a cattle drive that helped to publicize and bring people to the event. The event was and continues to be a successful community effort. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve road closure of SR 29 for the Roberts Ranch fundraising event, the Roundup, March 10, 2001 from 9:30 am to 11 am for a cattle drive, in order to submit the proper forms to the Florida Department of State in a timely fashion. Prepared by: .a~. ~ Ron JamrO, Museum Director Leo Ochs Public Services Administrator Date: Date :~ / 4 :/:" 7 FEB 2 7 2001 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OR HIS DESIGNEE, TO EXECUTE REQUEST FOR TEMPORARY CLOSING OF STATE ROAD 29 FOR ROBERTS RANCH CATTLE DRIVE IN IMMOKALEE, MARCH 10, 2001 FROM 9:30 AM TO 1 l:00 AM. WHEREAS, from time to time in connection with county necessity in order to conduct special events not related to construction, reconstruction maintenance, or emergency purposes such as, but not limited to races, fairs, parades, art, harvest or other festivals, state and county roads. are requested to be closed; and WHEREAS, The State of Florida, Department of Transportation approval, a Request for Temporary Closing of State Road Form (850-040-65a) is required to be executed and submitted to the Department, which form identifies the nature of the event requiring closures, that is the closing of SR 29 on March 10, 2001 from 9:30 AM to 1 l:00 AM for the Roberts Ranch Roundup cattle drive, a statement that the County of Collier will assume all responsibility for traffic control and liability claims arising from or based upon the activities of the event and exculpating the Department of Transportation from such responsibility. WHEREAS, the Board of County Commissioners of Collier County, Florida is desirous of authorizing the Chairman of the Board or County Commissioners, or his designee, to execute any necessary forms for temporary closing of state roads, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that SECTION I. The Chairman of the Board of County Commissioners of Collier County, Florida, or his designee, is hereby authorized to execute any forms of the Florida Department of Transportation necessary for the closure of a state'road in order to facilitate special events and other county purposes. As used herein, special events, races, fairs, parades, art, harvest or other festivals shall have the meaning(s) set forth in Chapter 10, Section l, Collier County Code of Ordinances, and shall be limited to those special events for which a complete event permit (festival permit or license) has been issued by the Chairman of the Board of County Commissioners, or his designee, as provided in Chapter 10, Collier County Code of Ordinances (Collier County Ordinance No. 70-11), as the same may be amended from time to time, and those events or County purposes that Collier County has authorized, ratified and/or determined to be in the public interest. The issuance of special events permit for any special event requiting the determination that such temporary closure is "necessary" is within the mean/ng of Section 337.406(1), Florida Statutes, as amended by Chapter 86-37, Laws of Florida (1986), or successor provisions thereto. SECTION II. The Board of County Commissioners of the County of Collier acknowledges the Florida Department ~f Transportation requirement that they not be held responsible for traffic control, loss, cost, or expenses arising as a result of any such special event and the Board, by authorizing the Chairman of the Board of County Commissioners of Collier County, Florida to execute the necessary forms, agrees that as between the County of Collier and the Florida Department of Transportation, the County of Collier will be responsible for traffic control and liability claims arising fi'om or based upon the activities of the event. SECTION III. Nothing herein shall be construed as an assumption by the Board of County Commissioners o£ Collier County, Florida of liability for claims unrelated to street closure and for which the Florida Department of Transportation would otherwise be liable. Nothing herein shall he construed as a waiver of any defense or limitation available to the Board of County commissioners of Collier County, Florida pursuant to Section 666.28, Florida Statutes, or successor provisions thereto. SECTION IV. This Resolution shall take effect immediately for adoption. This resolution adopted after motion, second and majority vote favoring same. This day of ,2001. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form And legal sufficiency Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOKIDA BY: JAMES D. CARTER, PH.D., CHAIRM~ Ag'end&_ FEB 2 Larson BLUE BOOK Directories 5 EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR VINEYARDS COMMUNITY PARK PROJECT Ob,[ective: To obtain Board approval of a Change Order #1 for Vineyards Community Park Parking Lot Project 80013. Consideration: On June 13, 2000 the Board of County Cornmissioners approved Work Order # ABB-FT-00-08 with Agnoli, Barber and Brundage, Inc. in the amount of $47,755. for the design of a parking lot at Vineyards Park/Elementary School. This project is the subject of a joint agreement between the School Board and Collier County. Since that time, the site development review of the project has resulted in additional design work not included in the original scope of work. This entails structural, geetechnical, and signal design engineering. Additionally, the County has requested additional irrigation design for the project. Also, the School Board has requested modifications to the existing bus loop and parent drop-off cul-de- sac. Total cost of the Change Order #1 amounts to $7,622.75 which brings the project total to $55,377.75. Since this Change Order #1 is above the allowable ten percent of the original Work Order amount, Board approval is required. Fiscal Impact: The necessary funds are budgeted in the Community Park Fund, Vineyards Community ParkProject. Source of funds are Parks Impact Fees. Growth Management: None Recommendation: Order #1 to Work Order # ABB-FT-00-08 with Agnoli, Barber and Brundage, Inc. Reviewed by: .~/~~~' ~ Date: J~se-pl~ F~ Delate, ASLA, Project Manager That the Board of County Commissioners approve the necessary Change Reviewed by: Department of P/gr}ks and Recreation Marla Ramsey, Director / Department of Parks and Recreation Approved by:· ..(.-~- Date: Leo Ochs, Jr., Ad~ili'isJtrator ' Public Services DivisiOn CHANGE ORDER # 1 TO: Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail N., suite 200 Naples, Florida 34108 Project Name: Vineyards Parking Lot Work Order Dated: June 16, 2000 Change Order No.: 1 Change Order Description: FROM: Board of Collier County Commissioners Collier County Parks and Recreation Dept. 3300 Santa Barbara Boulevard Naples, Florida 34116 Project No. 80013 Work Order No. ABB-FT-00-08 Date: February 7, 2001 This change order is in connection to additional design services for the Vineyards Community Park/Elementary School Parking Area project, which is located on the Vineyards Elementary School property. This joint project is the subject of an agreement executed by the Board of County Commissioners and the District School Board Of Collier County. As a result of changes required by the Collier County Transportation Department site plan review of this project and additional design work not included in the original work order due to existing signal pole deficiencies, an additional $5,600. is requested by the design firm. This entails extra structural, geotechnical, and signal design engineering. Additionally, the County has requested that the design firm provide an irrigation plan for the project. This work adds additional scope to the project. The cost of this service is $750. The cost of the afore-mentioned additional services will be shared by Collier County and the School Board. Also, the Collier County School Board has requested modifications to the existing bus loop and parent drop-off cul-de-sac. These services were not included in the original scope of work. The cost of these design and surveying services is $1,272.75 and will be borne solely by the School Board. Together, these changes result in $7,622.75 of additional compensation to the design firm. Also, additional time of 393 days is being added to this project to account for delays in permitting, bidding, construction, etc... See attached scope of services and schedule of fees for this Change Order No. 1. Original agreement amount ............................................................................$47,755.00 This Change Order No. 1 Amount [add] ........................................................$ 7,622.75 Revised Agreement Amount ...........................................................................$55,377.75 Original contract time in calendar days ....................................................60 days Adjusted number of calendar days due to previous change orders .......................0 days This change order adjusted time is .........................................................393 days Revised Contract Time in working days ..................................................453 days Original Notice to Proceed date ................................................. Completion date based on original contract time ........................ Revised completion date due to change order(s) ......................... June 16, 2000 August 15, 2000 September 13, 2001 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for im >act and delay costs. - ,. Agenda, FEB 2 7 00t Change Order No. 1 Page 2 Prepared by: ~~[~~, (~~ J/o~eph/F. Delate', AS~-A; Project Manager Parks and Recreation Department Accepted by: ~/~/~/~ Dominic J./ttmico, J¢., P.E., Vice-President Agnoli, Barber and Brundage, Inc. Date:_~~ Approved by: Approved by: Date: Marla Ramsey, Director Parks and Recreation Department David Lesans irector of Facility Planning and Construction District School Board of Collier County mmmmmv- mmmm)l- .GNOLI ._.mmmmmmem- tlmlmmmmm-,l: mlmmmIma l Professional engineers, planners, surveyors & mappers January 9, 2001 Mr. Joe Delate, ASLA Collier County Parks and Recreation 3300 Santa Barbara Blvd. Naples, FL 34116 Re2 Vineyards Soccer Field Parking Area PO # ABB-FT-00-08; ABB PN 8015/X001 Dear Mr. Delate: The purpose of this letter is to update the status of the above listed professional services contract. Several work items, which we feel should be considered services extra to the Contract, are either complete or in the final stages of completion. We request your consideration of the following work items: Extra Traffic Signal Design. As you are aware, the existing signal poles were determined to be inadequate to support additional signal heads. The additional heads were required to allow the 4-way operation of this intersection. It was reasonable to assume during our contract negotiation that the signal system would accommodate a 4-way movement without additional poles since the intersection pavement was constructed as a 4-way intersection. Our sub-consultant has invoiced us $5,600 extra for structural, geetechnical and signal design engineering. Irrigation Plans. It has been requested that Conceptus prepare detailed irrigation drawings for the new landscaping proposed on this project. They plan to invoice us $750 for th/s work. Bus Loop Modificaiion/Par~nt Drop. Our contract for services did not include effort for' the bus loop modification or revision to the parent drop off cul-de-sac at the east end of the school property. We tracked our time separately on this work and show that $1,272.75 was spent on surveying and design of this work. We hope this information is clearly stated, however, should you desire to discuss it, please feel free to contact us. We have advanced these extra charges to date so as not to delay this project. We thank you in advance for consideration of these items. Deminick J. Am(co, Jr., P.E. DJAJyo 01-004YOI .LTR Main Office: 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 Lee County: 1025 Hendrv ,St., Suite 10 I, Fort Myers, Fh~rida 33901 RECEIVED JAN 1! 2Jill! I FEB Z 7 201)I <941) 597-3111 FAX:J~I) 56.~-2203 Z /_ (941) 334-1173 FAX:{ ~) 334-~~ / EXECUTIVE SUMMARY RECOMMENDATION TO AMEND COUNTY PURCHASING POLICY TO MODIFY CURRENT STAFF AUTHORITY AND EXPEDITE PROJECT DELIVERY SCHEDULES. OBJECTIVE: To modify existing policy language to give staff more authority to approve change orders and work orders related to various County purchases and expedite contract performance and shorten project schedules. CONSIDERATIONS: The adopted current year budget includes a total of nearly $245 million in appropriations for capital projects. Many of these projects have time-sensitive schedules that need to be adhered to in order to provide responsive service to the ' community and avoid undesired outcomes stemming from delays in project deliveries. Under the Board's current purchasing policy, the County Manager or his designee is authorized to approve change orders to purchases that do not exceed $50,000 or 10 percent of the contract amount (whichever is less). Given the dollar amounts of most large capital projects, the $50,000 limit greatly curtails staff's ability to promptly address many contract changes. Hence, staff is recommending that the Board formally amend the change order authorization standard by eliminating the dollar threshold and afford staff the authority to approve change orders that do not exceed (individually or cumulatively) ten percent of the current (most recent) Board-approved amount. To further expedite project management and general administrative efforts, staff is requesting the following additional changes: Authorize division administrators to approve all work orders resulting from professional service agreements previously awarded by the Board, provided that the individual work order does not exceed $90,000 and the sum of the work orders does not exceed $500,000 annually; Authorize the Purchasing/General Services Director to approve all contract · extensions; .. .. Adopt minor clarifications to the existing policy regarding the review and approval of purchases made under State of Florida contracts. A resolution to affect these changes and the actual proposed language are enclosed for the Board's consideration. FISCAL IMPACT: There is no direct fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT · There is no growth management impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners approve resolution to amend the County's purchasing policy as set forth in this exec summary and enclosed resolution. .o. FEB 27 2001 Pg. / PREPARED BY: REVIEWED BY: StrOll, Purch~asing/General Services Director Jo-Anne Leamer, Support ,Services Administrator Date 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 RESOLUTION NO. 2001- RESOLUTION AMENDING COLLIER COUNTY RESOLUTION 95-353 AND THE PURCHASING POLICY REFERENCED THEREBY WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, The Board of County Commissioners on June 6, 1995 adopted a purchasing policy by Resolution 95-353 and subsequently amended said resolution via Resolutions 97-435, 98-490, and 2000-188 respectively; and WHEREAS, County staff, seeking to obtain maximum value for the tax dollar and seeking to deliver services to citizens of and visitors to Collier County in an efficient, timely and effective manner. ~ ' NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Resolution 95-353 is hereby amended by this Resolution as attached hereto and incorporated herein by reference. This Resolution adopted after motion, second and majority vote, favoring same. DATE: , 2001 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: James E. Carter Ph.D., Chairman By: ' Maureen Kenyon, Deputy Clerk ~/O e ~-~~ ~h af°~~,~s&ilstg~~n t CSCSCS~~iinetl CAY :tto rn ey 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 Section xIv, entitled "CONTRACT ADMINISTRATION" is hereby amended to read as follows: Contract Chanqes: Change orders/supplemental agreements to a Board approved purchase or contract may be approved by the County Manager or his designee provided that the change (or the sum of the changes): 1. Amounts to 10 percent or less of the current Board approved amount. 2. Does ~'c+ ~,v,.,,~,,~ ¢~n nnn Section VII, (entitled 'PROCUREMENT OF PROFESSIONAL SERVICES"), Subsection C is hereby amended to read as follows: Minor, fixed assignment contracts: A grouping of minor professional service (including construction inspection services) assignments. Procurement of these contracts shall be further subject to the following conditions: a. Each assignment must be specifically identified in the public notice. b. Contracts for a grouping of minor, fixed assignments shall have a maximum initial contract amount limit of $500,000. Each assignment shall have a maximum initial amount of $90,000. Each division administrator may authorize any assignment on behalf of the Board agency for their respective work areas where all of the following are true: 1. Where the originating term contract has been previously awarded by the Board of County Commissioners; and 2. Where the assignment does not cause the cumulative dollar value of previously authorized assignments to exceed the current contract amount and; 3. The maximum initial dollar amount of each assignment does not exceed $90,000. Any contract and/or assignment that exceeds that amount subsequent to award and prior to completion of the work shall be subject to the provisions of Section XIV.C of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. 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 Section xIII, entitled, "STANDARDIZATION, COOPERATIVE PURCHASING AND GOVERNMENTAL CONTRACTS" is hereby amended to read as follows: C. Purchases made under the State of Florida and Federal GSA contracts will be governed as follows: Above $25,000: Require Board approval and prior review by the Purchasing Director or his designee. $25,000 or less Require the prior approval of the Purchasing Department. $1,000 or less: Require the prior approval of the authorized signatory. Section XIV. D is hereby amended to read as follows: Contract Extension: Extension of a contract for commodities or services may be requested by the contract manager to the Purchasing Director, or his designee, in writing. fer-a-!~Jed not to ..... ,~ o~,,/m -,~,,,mo The Director, or his designee, may in turn extend the agreement for a period of time specified in writing. The extension and shall be subject to the same terms and conditions set forth in the initial contract. The !n!t!a! exte.-.s!e.-. of 3 FEB 2 7,..2001 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS SURPLUS AND AUTHORIZE A SALE OF SURPLUS PROPERTY AND APPROVE SALE OF SURPLUS BID NO. 00-3160 DOUBLE-WIDE TRAILER TO SUNCOAST STEEL. OBJECTIVE: To authorize the sale and disposal of all County-owned assets at the next surplus auction which is scheduled for Saturday, March 3, 2001, and to approve sale of Surplus Bid No. 00-3160 of Double-Wide Trailer to Suncoast Steel. CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately 780 lots that will be auctioned, of which there are fifty-five (55) vehicles and several pieces of heavy equipment. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc. to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets and the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the attached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the March 3, 2001 auction date, staff is requesting permission to. d. ispose of additional non-asset surplus items that may be received subsequent to the preparation of this Executive Summary at the March auction. All items sold and their realized values will be reported in a follow-up Executive Summary. On 'September 22, 2000 a surplus sealed bid was prepared and sent to one hundred eighty-two (182) vendors for the sale of a Double-Wide Trailer. On October 6, 2000 bids were received and opened from one (1) firm. A. tabulation sheet is attached to this summary. Staff is recommending award to Suncoast Steel. ' ' FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Impact. FEB 2 7 2001 I EXECUTIVE SUMMARY PAGE TWO SURPLUS SALE RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list; and authorize the sale and disposal of Surplus Bid No. S00-3160 to Suncoast Steel. in the amount of $3,5OO.OO. SUBMITTED BY: : ', ' ..... Date: Rhonda L. il~betts, Purchasing Agent II Purchasing Department REVIEWED BY: ..------~-~,. :; APPROVED BY: ~-- "~ ' Date: Stephen Y. Camell, Director Purchasing/General Services Department ,~--~/~.~ Date: Jo-Anne Varcoe-Leamer, Administrator Support Services Division FEB 2 7 2001 SURPLUS PROPERTY-INVENTORY 101-199 CPUs ITEM IFUND I ITEM DESCRIPTION/SERIAL # IA$$ET # IFROM 101 408Gateway PC PS120 S#8039039 - Transferred to Parks 970279Water Dist. 102 AT&T PC Model 3349 S#49-31449259 973055iTax Collector 103 AT&T PC Model 3349 S#.49-31449247 973063Tax Collector 104 AT&T PC Model 3349 S~49-31449246 973071Tax Collector 105 AT&T PC Model 3349 S#49-31449255 973059Tax Collector 106 !AT&T PC Model 3349 S#49-31449245 973061Tax Collector 107 AT&T PC Model 3349 S#49-31449257 973057Tax Collector 108 AT&T PC Model 3349 S#49-31449252 973060Tax Collector 109 AT&T PC Model 3349 S#-49-31449254 973066,Tax Collector 110 AT&T PC Model 3349 S#-49-31449258 973073Tax Collector 1ll AT&T PC Model 3349 S#49-31445280 973064Tax Collector 112 AT&T PC Model 3349 S#49-31445251 973072Tax Collector 113 AT&T PC Model 3349 S#49-31449253 973065Tax Collector 114 AT&T PC Model 3349 S#49-31449248 973067Tax Collector 115 AT&T PC Model 3349 S#49-31449256 973062Tax Collector 116 AT&T PC Model 3349 S#-49-31443249 973058Tax Collector 117 Compac PC Model 3546 S#80B3AOB6JFF81J 1409 Tax Collector 118 Compac PC Model 3546 S#80AOB6JFFSRL-Trans to Parks 1408 Tax Collector 119 NCR PC Model 3559 S#15-013019 None Tax Collector 120 NCR PC Model 0480 S#15-24922295 930581Tax Collector 121 NCR PC Model 3359 S#15-19721718 None! Tax Collector 122 Lot of 12 Codex 6015 None Tax Collector 123 Deleted 124 Deleted 125 Deleted 126 010Deck SVR 200 DL DSRVB-B SEAG937HCH31 None MIS 127 010Deck SVR 200 DL DSRVB-B SEAG8325Y080 None MIS 128 010Digital Terminal VT1200 VX10A-AA Sfffa12213199 None~MIS 129 010Digital Terminal VT525-96 SEnu60611783 None MIS 130 010DEC Muxserver 100 SRZA-BA S#nu74949736 None MIS 131 010DEC Muxserver 100 DSRZA-BA S#n82819871 None MIS ' 132 010DEC Muxserver 100 DSRZA-BA S# nu82517442 991212MIS 133 010DEC Muxserver 100 DSRZA-BA S#nu73038679 910196MIS 134 010Modem Rack DF108-RM S#KA220N8804 Trans to MIS None MIS 135 010Dexmux II DFMZA-BA S#nu81510717 890108MIS 136 010Dexmux II DFMZA-BA S#nu890502588 890923MIS 137 010Dexmux II DFMZA-BA S#ni92931399 8893z MIS - ~ 138 010Dexmux II DFMZA-BA S#nu91413025 891958MIS 139 010Dexmux II DFMZA-BA S#nu91717559 891166:MIS 140 010Apple Fax Modem M0176 S~f9404L1M017 900673MIS 141 !MM250 XL UPS S#260162 Trans to Parks 890391MIS-IT Horseshoe 142 MM250 XL UPS S#260091 890393MIS-IT Homeshoe 143 495Digital PC Model 742WW S#KA35CVBU6 950114Airport Authority 144 001Digital PC Venturis FP5100 S#01515801996 950687State Attorney 145 001Compaq Computer 940071!Unknown 146 Zole Battery Support System S#2644 930730EMS 1471 521Computer486/100 940872Fleet Management FEB 2 7 2001 148 521Computer 950390Fleet Manaclemen! 149 521Computer 9301 930155Fleet Managemenl 150 408Dell Power Tower S~2YNMZ 930682Public Utilities 151 001Digital Desk Top 486sx PC751 S~KA246DSY10 940400!Health Dept. 152 001Digital Desk Top 486sx PC852WW S#KA516YEM53 None Health Dept. 153 001Unisys CWP 5903 Pentium 100 MHz CWP50032Z S#-4667679~None Health Dept. 154 001Unisys CWP 5903 Pentium 100 MHz CWP50032Z S~667679, None Health Dept. 155 001Unisys CWP 5903 Pentium 100 MHz CWP50032Z S#4667679' None Health Dept. 156 001Digital Desk Top 486sx PC 852WW S#KA5164EMSI None Health Dept. 157 001Digital Desk Top 486sx PC 852WW S#KA516YEMS2 None Health Dept. 158 001Digital Desk Top Pentlure 99+PC 932WW S#KA608LPKAV None Health Dept. 159 001Digital Desk Top 486sx PC 852WW S#KA516YFZZ9 950441Health Dept. 160 001Digital Desk Top 486sx PC 741 S#KA323SK631 None Health Dept. - 161 001Digital Desk Top 486sx PC 741WW S#KA420VKV80 None Health Dept. 162 001Digital Desk Top 486DX2 66 MHzPC 854WW S#KA530BZEK; 950650Health Dept. 163 001Digital Desk Top 466d2PC 746WW S#KA542EJRMF None Health Dept. 164 001Digital Desk Top 486sx PC 741 WW S#KA420VKV72 None Health Dept. 165 001Digital Desk Top 486sx PC 852WW S#KA516YHAA1 950440Health Dept. 166 001Digital Desk Top Pentium 99+ V86PC 923WW S#KA600LPKA None Health Dept. 167 001Digital Desk Top 466d2PC 746WW S#KA542EJRNR None Health Dept. 168 001Digital Desk Top 486sx PC 741WW S#KA420VKV68 None Health Dept, 169 001Digital Desk Top Pentium 99+ V86PC 923VVW S#KA524AYF£960151Health Dept. 170 001iDigital Desk Top 486sx PC 741WW S#KA420VKV73 None Health Dept. 171 001Digital Desk Top 486sx PC 741WW S#KA420VKV67 None Health Dept. 172 001Digital Desk Top 486sx PC 741 S#KA324TS582 940216Health Dept. 173 001Digital Desk Top 486sx PC 741WW S#KA420VKV74 None Health Dept. 174 001Digital Tower PC466d2 T64 S#KA320PS967 Trans to Parks930784Health Dept. 175! 001Digital Tower SL 566 781WW S#KA240VHD89 None Health Dept. 176 001Digital Desk Top Pentium 99 V86 PC 923WW S#KA608LPK/ None Health Dept. 177 001Ditial Tower XL 566 781WW S#KA420VHD90 Trans to ParksNone Health Dept. 178 001Unisys Desk Top Pentium 100 MHzCWP50032A S#.4665516,'None Health Dept. 179! 001Unisys CWP 5903 Pentium 100 MHZ CWP50032A S~4667679 None Health Dept. 180 001Unisys CWP 5903 Pentlure 100MHz CWP50032Z S~46676793 None Health Dept. 181 001Unisys CWP 5903 Pentium 100 MHz CWP50032A S~667679 None Health Dept. 182 001Toshiba T1600 Lab Top S#10921977 900698Transportation 183 470PC 75 Tower Trans to Parks 34678 Solid Waste' 184 001 !Unisys CPO S~464269109 None Health Dept. 185 001Unisys CPU S#464269299 None Health Dept. 186 001Unisys CPU S#.464269034 None Health Dept. 187 001Unisys CPU S#-463818906 None Health Dept. 188 001Unisys CPU S#469269158 None Health Dept. 189 001IBM CPU S~237264573 None Health Dept. 190 001IBM Misc Hardware S# 1210014 None Health Dept. 191 001IBM Misc Hardware S# 1120135 Nonel Health Dept. 192 001IBM Misc Hardware S#23W88973 None Health Dept. 193 001USA Computer Tower S#04652 Trans to Parks 950510Traffic 194 010Gateway 0010446306 Trans to Parks 982059MIS 195 010Gateway 0010446320 Trans to Parks 9820531MIS 196 010Gateway 0010446326 Trans to Parks 982059rvIIS 197 001Applie Monito SE CY4324AK152P Pollution Control 198 001Mcintosh S#-4150 930406Pollution Control 199 001 Vextrec Tower S~GEMMA41XM 940332:Pollution Control 1000 010AST 386 SX16 Model #SV500782001 Pollution Control 1001 010PC 75 Tower Trans to Parks 930868MIS 1002 010NCR 3333 S~ 25329470 930847MIS 1003 010NCR 3333 S#25329468 930856MIS 1004 010NCR 3330 93076aMIS 1005 010PC 3333 S#25329474 930860MIS 1006 010PC 3333 S#25329462 930844MIS 1007 010PC 3333 S#25329478 930863MIS 1008 010PC 3333 930857MIS 1009 010PC 3333 S#25129464 930854MIS 1010 010PC 6525 S#29598448 950667MIS 1011 010PC 3333 S#29602704 950671MIS 1012 010PC 3300 S#25333290 930842MIS 1013 010PC 520 S#29602700 950791MIS 1014 010PC 520 S#29598503 950789MIS 1015 010PC 520 S#29605324 950792MIS 1016 010Tower S#94093484 None MIS 1017 010Tower S#DF94092072 None MIS 1018 001Pentium Tower S#96068 None Purchasing 1019 001P75 Tower S#3774905 None Purchasing 1020 001Gateway Tower S#3672941 None Purchasing 1021 001Gateway Tower S~4549817 None Purchasing 1022 0011 Gateway Tower S#4498913 NonePurchasing 1023 001Gateway Tower S#26887 NonePurchasing 1024 001Gateway Tower S#3538680 NonePurchasing 1025 001Gateway Tower S#0008304574 NonePurchasing 1026 001Gateway Tower S#9203085 NonePurchasing 1027 001Gateway Tower S#001234154 NonePurchasing 1028 49'Pentium Tower S~6000145808 NoneEMS 1029 001,Gateway Tower S#44443529 NonePurchasing 1030 001Gateway Tower S#5362977 NonePurchasing 1031 001Gateway Tower S#5701179 NonePurchasing 1032 001Gateway Tower S#3788795 NonePurchasing 1033 001Gateway Tower S#441919 None:Purchasing - 1034 010IBM Tower S#00900635 NoneMIS 1035 010System 3300 SE NCR 2410 NoneMIS 1036 001Gateway Tower PSTS S#1188024 NonePurchasing 1037 001Gateway Tower 2000 P5-75 S#133461 NonePurchasing .10381 010Pentium Tower NoneMIS -' 1039 001Intel Tower S#.48932416 NonePurchasing 1040 001Gateway Tower S#45999467 NonePurchasing 1041 010Unisys Tower S#414646 NoneMIS 1042 001Gateway Tower S#25966395 NonePurchasing 1043 001 Gateway Tower 2000 S~3787815 NonePurchasing 1044 001Gateway 2000 S#303C002-A None, Purchasing 1045 001Gateway Tower S#906514263 NonePurchasing 1046 001 Unisys Tower S#S10072736 NoneHealth Dept. 1047 001Zenith Tower 907AE003899 42748Health Dept. 1048 001,Unisys CPU 510072684 P-100 None Health Dept. 2 7 2001 1049 001'Unisys CMT 510072809 None Health Dept. 1050 001AT&T Compuer 258011 None Health Dept. 1051 001Unisys CMT 510072782 None Health Dept. 1052 001Digital CPU GL5133ST2738 None Health Dept. 1053 001Cornel USA SEKN738L2K65 930779Health Dept. 1054 001Persona ID Printer S#2712 None Health Dept. 1055 001Unisys CUP 620062729 None Health Dept. 1056 001Digital Ven. 2631-P90 None Health Dept. 1057 001Unisys CPU 62006-2371 None Health Dept. 1058 001Digital PC 734 S#KA320P5951 930769Health Dept. 1059 001Unisys CPI 51007-2734 None Health Dept. 1060 001GL/GL CPI 80Dll None Health Dept. 1061 001 !Synoptic SB4140D4 None Health Dept. 1062 001Synoptic S0322942813-04 None Health Dept. 1063 001Unisys CPU UP914 S#266900 None Health Dept. 1064 001Digital CPI S#2185940398 None Health Dept. 1065 001Unisys CMT 511007 S#275051007 None Health Dept. 1066 001Apple Kiptop S#BCGM4880 940078Pollution Control SURPLUS PROPERTY - INVENTORY 201-299 Computer Monitors ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 201 Monitor ADDS S#772870 82925 Tax Collector 202 Monitor NCR S#17-21759682AT None Tax Collector 203 · Monitor NCR S#20264293 TC Asset #02025 None Tax Collector 204 Monitor ADDS Model 2020 S#W040370 890104Tax Collector 205 Monitor 11027100 SEW98-20276576 None Tax Collector 206 Monitor 12027100 S#20264925 TC Asset #02026 None ;Tax Collector 207 Monitor 7134T SE17-25657002 None ITax Collector 208 Monitor Model 0382-6050 S#20486922 'None Tax Collector 209 Monitor AT&T None Tax Collector 210 Deleted 211 408 Gateway Monitor S~80390317 None Water Distribution 212! 001 Digital Monitor VT420-B2 S#TA21136150 None State Attorney 213 001 Digital Monitor VT420-B2 S#TA13226827 None State Attorney 214 001 Digital Monitor VT420-B2 S#TA03914745 None State Attorney 215 001 Digital Monitor VT420-B2 S#TA132269890 None State Attorney 216 010 Digital Monitor VT420-C2 S#TA02004828 (Broken) None MIS '" 217 010 Compac PC Monitor Model 473A S#5428f06ag624 None MIS 218 010 Digital MonitorVT420-C2 S#TA147f8187 None MIS 219 '010Digital Monitor PCXBV-DE SE2133994702 None MIS 220 113 Advantage Computer w/monitor All-in-One S#1751PG028276950577Bldg. Review 221 113 Advantage Computer S#1951PG03400 Trans to Parks 950580Bldg. Review 222 NCR Monitor 010200 S#K98~17071492 TC Asset #1051 871433Tax Collector 223 001 NCR Monitor 0235 S#17-2433800AT None' Unknown 224 001 Samsung CSJ4927 SE145MB800166 None Unknown 225 510 Digital PC Monitor VT420 S#SZ331253535 None DOR-Utilities 226 510 D g tal PC Monitor VT420 S#TA D1100663 NoneDOR-Utilities 227 408Dell Ultra Scan Monitor S#328B3261 NonePublic Utilities 228 113Gatewa)~ 200 Vivitron 15 - 15" Monitor Trans to Parks NonePlanning 229 113Gateway/2000 Vivitom 15- 15" Monitor NonePlanning 230 113,Gateway 2000 Vivitron 15 - 15" Monitor NonePlanning 231 113Gateway 2000 Vivitron 15 - 15" Monitor NonePlanning 232 113 Gateway 2000 Vivitron 15 - 15" Monitor NonePlanning 233 113'Gateway 2000 Vivitron 15 - 15" Monitor Broken NonePlanning 234 001 Digital BCXBV-DC Monitor S#7C51412602 None Health Dept. 235 001 Digital PC7XV-DE Monitor S#TA31944473 None Health Dept. 236 001 Digital PC7XV-DE Monitor S#2141474791 None Health Dept. 237 001 Digital PCXCV-GC S#1K41356894 None Health Dept. 238 001 Digital PC7XV-BA S#TA24724829 None Health Dept. 239 001 Digital PC7XV-BA S~TA24622644 None Health Dept. 240 001 'Digital PC7XV-BA S#TA24622018 None Health Dept. 241 001 Digital PCXCV-GC S#1 K41336920 None Health Dept. 242 001 Digital PCXCV-VA S#1K54029894 None :Health Dept. 243 001 Digital PC7XV-BA S#TA24724818 None Health Dept. 244 001 Digital PCXCV-GC S#1K43226922 None Health Dept. 245 001 Unisys VGA 1431-VDC S#00073588C None Health Dept. 246 001 Digital PCXCV-DW S#1K41336925 None Health Dept. 247 001 Unisys SVG-250-COL S#-463142653 None Health Dept. 248 001 Digital PC7XV-DE S#TA316E5952 None Health Dept. 249 001 Unisys SVG-250-COL S#~63076380 None Health Dept. 250 001 Memorex S#1228004636 None Health Dept. 251 001 Digital SE TC000195702 None Health Dept. 252 001, Digital PC7VX-DE S#A302B7933 None Health Dept. 253 001 Digital PC7VX-DE S#1K41336921 None Health Dept. 254 · 001Digital PC7VX-DE S#TA302B980 None Health Dept. 255 001 Digital PCXCV-GC S#1K413369828 None Health Dept. 256 001 Digital PC7VX-DE S#TA302B7941 None'Health Dept. 257 00' Digital PC7VX-DE S#TA316E5956 None Health Dept. 258 001 Digital PC7VX-DE S#TA302B7934 None Health Dept. 259 001 iDigital PC7VX-DE S#TA23710702 Trans to Parks 'NoneHealth Dept. 260 001 AT&T Monitor S#9175402045 None Health Dept. 261 001 Digital PC7XV-BA S#TA24724829 None iHealth Dept. 262 001 Ditigal PC7XV-BA S#TA24724459 None Health Dept. 263 001 Digital PCXBV-PF S#2143209558 None Health Dept. 264 001 Digital PC7VE-DE SETA302137929 None Health Dept. 265 001 Unisys Monitor SE462843301 Trans to Parks None Health Dept. 266,001 Digital PCXCV-VA S#1K54030058 None Health Dept. 267 001 Digital VT320 Monitor S#TA483M3528 None Health Dept. - - 268 470 Gateway Monitor Serial #CPD15F23 None Solid Waste 269 470 Gateway Monitor Serial #CTX643965 None Solid Waste 270 470 VGA 14" Monitor S#15800130 None Solid Waste 271 001 IBM Monitor 3472 SE 048842 None Health Dept. 272 001 IBM Monitor 3472 S#016625 None Health Dept. 273 001 IBM Monitor 3472 S#88PX106 None Health Dept. 274 001 IBM Monitor 3472 S#88BH314 None Health Dept. 275 001 IBM Monitor 3472 S#88PX002 None Health Dept. 276 001'IBM Monitor 3472 S#88PX028 NoneHealth Dept. 277 001IBM Monitor 3472 S#88PX308 NoneHealth Dept. r FEB 2 7 2001 PO. ,c? 278 001IBM Monitor 3472 S#88HY848 None Health Dept. 279 001IBM Monitor 3472 S#88PX479 None Health Dept. 280 001Evc,!151001 Monitor ,?dt.477982680 None Health Dept. 281 001IBM Monitor 3472 S4~88FT103 None Health Dept. 282 001IBM Monitor 3472 S#88CY217 None Health Dept. 283 001IBM Monitor 3472 S#8840560 None Health Dept. 284 001IBM Monitor 3472 S#8820114 None Health Dept. 285, 001IBM Monitor 3472 S#88P6521 None Health Dept. 286' 001IBM Monitor 3472 S#88PW939 None Health Dept. 287 001IBM Monitor 3472 S#8842149 None Health Dept. 288 001Unisys monitor S#482375342 None Health Dept. 289 001IBM Monitor S#88X4716 None Health Dept. 290 001CTX Monitor S#AHO51102495 Trans to EMS None Traffic 291 001~Unisys Monitor Model 1120 S#123754 900387Pollution Control 292 001AST Monitor SE40027393 900368Pollution Control 293 1131MonitorTTX 154800172 NoneComm Develop 294 010Panasonic S#E15 NoneMIS 295 681~420 Monitor NoneProbation 296 001Gateway 15" Monitor NonePurchasing 297 010Unisys 15" Monitor NoneMIS 298 010Laser Digital ~420 NoneMIS 299 010Digital Monitor None MIS 2000 010Digital ~420 S~TA03209744 NoneMIS 2001 010Digital ~420 S~NY60415895 NoneMIS 2002 010Digital ~520 S~TA128B959 NoneMIS 2003 010Digital ~250 SETA03211169 NoneMIS 2004 010Digital ~520 S~TA60416058 NoneMIS 2005 010Digital ~420 S~TA02516558 NoneMIS 2006 010Digital ~420 S~TA02613521 NoneMIS 2007 681~ Montor w/Keyboard S~TA209K5825 NoneProbation 2008 681~ Monitor w/keyboard S~TAl1778736 NoneProbation 2009 681~ Monitor w/keyboard S~TA401549300 NoneProbation 2010 681~ Monitor w/keyboard S~TA423BA705 NoneProbation 2011 681~ Monitor w/keyboard S~K94521244 None~Probation 2012 681~ Monitorw/keyboard S~TA405Y9232 NoneProbation 2013 681~420 Monitor w/keyboard S~TA02204636 NoneProbation 2014 681~420 Monitor w/keyboard S~TA25002080 NoneProbation 2015 681~420 Monitor w/keyboard S~TA208~361 NoneProbation 2016 001Digital Monitor 15" S~2721 NoneHealth Dept. 2017 001Digial Moniotr 15" S~2555 NoneHealth Dept'. - ~ 2018 001EVG 142 Color Monitor S~8241~279 NoneHealth Dept. 2019 001Unisys Monitor 15" S~CQB4147 NoneHealth Dept. 2020 001IBM Monitor Model ~8512-001 NoneHealth Dept. 2021 001Digiatal 15" Monitor S~2649 NoneHealth Dept. 2022 001IBM Monitor S~88PX108 NoneHealth Dept. 2023 001IBM Monitor SE~512-001-12 NoneHealth Dept. 2024 001Mag Monitor S~17461 NoneHealth Dept. 2025 001Unisys Monitor 15" S~8238957 NoneHealth Dept. 2026 001IBM Monitor S~9503001 NoneHealth Dept. 2027 001:Digital Monitor S~TA23005357 NoneHealth D~t. FEB 27 2001 2028 001:Di~lital Monitor S~2150107239 NoneHealth Dept. 2029 001Unisys 15" Monitor S~2783 NoneHealth Dept. 2030 001Wyse Monitor SEOJL14100357 NoneHealth Dept. 2031 001Unisys Monitor S~41935175 None'Health Dept. 2032 001Digital S#2154005305 NoneiHealth Dept. 2033 001Digital Monitor S#TA302B7935 NoneHealth Dept. SURPLUS PROPERTY-INVENTORY 301-399 Printers ITEM IFUND I ITEM DESCR PT ON/SE" AL # IASSET # IF"OM 301 001LA-210-A2 Dec Lazer Public Defender 302 001LA-210-A2 Dec Lazer Public Defender 303 001CA-14900 964 Dec Lazer S#CA14900964 930106Public Defender 304 001CA-14811832 De Lazer S#CA14811832 930105Public Defender 305 010Dec Printer Clerk 306 Epson EX50 Printer P12ba S#00d002290 881243Finance 307 010iDec Printer NoneMIS 308 010 Dec Printer NoneMIS 309 010 Dec Printer NoneMIS 310 010Dec Printer None MIS 311 Dec Printer 920982MIS-Criminal 312 Dec Printer None MIS-Juvenile 313 010Dec Printer None MIS 314 Dec Printer None MIS-Civil 315 NEC P9XL Printer Pinwriter 9 S~600020072T0 (broken) 88200 MIS-Finance 316 010NEC P9XL Printer Pinwriter 9 None !MIS 317 010NEC P9XL Printer Pinwriter 9 Transferred to EMS None MIS 318 NCR DSP 42 Printer None Tax Collector 319 Toshia Printer 90331 Tax Collector 320 001HP C2121A Printer S#0539L251P8 940266State Attorney 321 001Campanion Printer Digital LA75-A2 S#TY02518686 910260State Attorney 322 010Cannon Bubble Jet Printer BJG-70 S#xbl30962 None MIS 323 Printer LA 120-AA S#WT09482 (broken) 9254 MIS-Traffic 324 Printer LA 120-AA S#WF08739 9273 MIS-Clerk Immk 325' 010Printer 3M Lanier Model 516AG S#FL586796 Trans to Stmwt86453Clerk-Records 326 010Reader Printer/Print Capabilities DIS 84197 Clerk-Recording 3271 010Reader Printer Kodak MT50 85137J851330Clerk-Recording - 328 113HP Printer HPII S#2851J10971 890852Bldg. Review 329 113HP Printer Model HPII S#2826J66312 881257Bldg. Review 330 113HP Printer S#2830J42984 900101Bldg. Review 331 010Digital DECWRITER III Printer None Comm. Develop. 332 001Brother M1509 Printer 890359Unknown 333 Epson EX50 Printer P12ba S~O0d1067290 890439Finance 334 589HP Printer Laserjet II S#3112A1151 92122 PUED 335 589HP Printer Laserjet II 89768 PUED 336 589Panasonic Dot Matrix Printer S# 2BMBGB6184 None PUED 337 001HP Lase Jet II S#2928J54026 891529Agriculture 338 001HP Laser Jet III Transferred to EMS 900693Agriculture IFEB 27 2001 339' 470Oki Data 00K271087 None Solid Waste 3401 470LA24 Multi Printer S~BU34858025 None Solid Waste 341 001Digital Laser Printer S~K;A14500267 None State Attorney 342 001Digital Printer 100/LA100AZ S~PN33816 84793 State Attome)/ 343 001Letoark Printer S#1168731 None Health Dept. 344 001!Hewlett Packard Laser Jet S~1303327 890878Solid Waste 345 001Pinwriter Printer S#581162107 88882 Pollution Control 346 001~in Writer S#581233107 None Pollution Control 347 001Unisys Printer S#348544479 None Pollution Control 348 001Desk Writer Hewlett Packard S#U548C1EoPM None Pollution Control 349 191Okidata Printer S#106C0560360 920530HUI 350 191Xerox Workcenter S#8VT035493 960439HUI 351 001Hewlett Packard Desk Jet Printer S#U5760110NM None ~ollution ContrOl 352 1983M 500 Reader/Printer Trans to Parks 353 001NEC PZ S#581236525 872014Pollution Control 354 001-iewlett Packard 520 S#U543R17043 None Pollution Control 355 001 ~Panasonic Quick FXP2130 S# 6HECJB09752 None Pollution Control 356 001 Cannon B J100 S#SMF442224 Trans to Parks NonePollution Control 357 198Toshiba Fax Machine None Museum 358 113EP Printer IT 1133 None Comm. Develop. 359 113Epson LQ 850 Printer None Comm. Develop. 360 113DEC PC 433 DXL KA211B165 88829 Comm. Develop. 361 113Printer D190000061033 921109Comm. Develop. 362 010Okidata 321 Printer S#010C0259843 910351MIS 363 010Okidata Printer S#207C0770151 None MIS 364 010Okidata 192 S#503A0026407 859008MIS 365 010Desk Jet Printer HP S#3135A222220 921035MIS 366 010IBM Typewriter None MIS 367 010IBM Selectric 888818MIS 368 010Scanner 961400MIS 369 010Printer Dec Laser 500 None MIS 370 010HP Laser Jet SE3033^09116 None MIS 371 010Digital Dec Laser 2100 None MIS 372 010HP Deskjet Printer S#209Al106 900724MIS 373 010Digital Printer S#T4916E5561 891436MIS 374 491Brother Inteletex 950 M 940682EMS 375 010LA75 Digital Printer None MIS 376 010LA75 Digital Printer None MIS 377 491Citizen 200 GV Dist. Matrix Printer None EMS 378 491Citizen Printer S#ATTN016591 None EMS 379 010Digial LA09A2 None MIS · 380 681HP Laser Jet Printer None Probation 381 010HP LserJet S#3112A71845 None MIS 382 010Deck Laser 2000 Plus None MIS 383 010HP Laser Jet S#506011 None MIS 384 010Digital Printer S#TY030J1288 None MIS 385 010Ditigal Printer S#TY01e554 None MIS 386 010LA75 Companion Printer NonelMIS 387 010Digital Printer S#TY22008251 NoneMIS 388 010Digital Printer LN09-^2 S#CA41705540 NoneMIS 389 010Panasonic Quite Priner NoneMIS FEB 2 7 200 390 491Cannon BJC250L Jet Printer S~EHW51079 None EMS 391 491Cannon BJC240L Jet Printer S#-SMB86486 None EMS 392 001Okidata Pdnter S~34000AS None Health Dept.. 393 001IBM Pdnter S~2923 None Health Dept, 394 001IBM Printer S~049081 None Health Dept, 395 001Digital Printer S#9A30220740 None Health Dept, 396 001Digital Printer S#2480 None Health Dept. 397 001IBM Printer SEPH418103 None Health Dept, 398 001Digital LA424 S#2193 930794Health Dept. 399 001IBM424 Printer HRS#11064 None Health Dept. 3000 001IBM Printer S#042735 None Health Dept. 3001 001LA75 Digital Priner S#2568 None Health Dept. 3002 001Digital Printer S#2492 930793Health Dept. 3003 001IBM PPSII 238 S#1129029 None Health Dept. 3004 001IBM PPSII 2380 S#049082 None Health Dept. 3005 001IBM PPII 2340 S#249300 None Health Dept. 3006 001IBM 424 Printer HRS#11050 None Health Dept. 3007 001IBMPPSII 2380 Pinter S#316001 None Health Dept. 3008 001IBM PPSII 2380 S#048875 None Health Dept. 3009~ 001Okidata 24 pin Printer S#290800 None Health Dept. 3010 001Okidata 24 pin Printer S#911B0073484 None Health Dept. 3011 001IBM Printer S#0488600 None Health Dept. 3012 001'Okidata Printer 393 S#91172340 NoneHealth Dept. 3013 001LA75 Plus Printer S#9307972916 NoneHealth Dept. 3014 001Okidata 393 Printer S#198900443 Nones Health Dept. 3015 001Okidata 393 Printer S#1938900446 None Health Dept. 3016 001LA75 Plus Printer S#2911 None Health Dept. 3017 001IBM PSII Printer S#049080 None Health Dept. 3018 001Digital Printer 930795Health Dept. 3019 001LA75 Plus Priner S#2915001 None Health Dept, 3020 Blank 3021 001Digital Decl Laser 1800 Printer S#2519001 930970!Health Dept, 3022 001Olkidata 320 S#31201108020 None Health Dept. 3023 001Dec Laser 5100 S#21980012 930785Health Dept, 3024 001Microtek Printer/Scanner S#MRS600251 None Health Dept, 3025 001Dec Laser 1152 S#021681 940295Health Dept,- 3026 001Dec Laser 1152 S#2183 None Health Dept, 3027 001Dec Laser LA75 Printer S#219201 930798Health Dept, 3028 001Dec Laser 1800 S#2655120 930787Health Dept. 3029 001HDLJ4 PTR Printer S#2680CP None Health Dept, 3030 001Digital Dec Laser S#11526921 940296Health Dept. 3031 001Dec Laser 1152 S#2434002 None Health Dept, 3032 001Okidata 1500 S#238239 None Health Dept. SURPLUS PROPERTY-INVENTORY 401-499 Typewriters/FAX Machines IITEM IFUND I ITEM DESCRIPTION/SERIAL # 4011 001 IOlympia Typewriter EW1000 4021 I IBM Selectric Typewriter S#-4544472 IASSET# IFROM 1764 Health Dept 83057 Tax Collector FEB 2 7 2001 i 403 010Panasonic Typewriter KX-E603 S#4LQ04A10071 85369 Clerk of Courts 404 010Olyrdpa Typewriter ES951 SE66-0652801 871947Clerk of Courts 405 010Olympia Startype Typewriter S~66-0543828 871945Clerk of Courts 406, 010Panasonic Typewriter KX-E603 S~6A18E8696 871933Clerk of Courts .407 010Swintex Typewriter None Clerk of Courts 408 010Swintec Typewriter None Clerk of Courts 409 010Swintec Typewriter None Clerk of Courts 410 010Olympia Typewriter Mastertype1001 S#660725067 881057Clerk of Courts 411 010Olivetti Typewriter ET2500 SP 881335Clerk of Courts 412 Zerox 600 Memorywriter S#01C-197456 910650Tax Collector 413 495Panasonic Model KX-E508 S#PJVA562A None Airport Authority 414 001Panasonic Fax Machine UF260 900495Emergency Mgmt. 415 001Pa,nasonic Typewriter KX-#708 S#1BAQA004637 84475 Emergency Mgmt. 4161 001Brother Fax Machine MC4450 SEG73677264 Trans to EMS None Purchasing 417 Olivetti Typewriter None Unknown 418 001AEG Typewriter Olympia JUNKED 891828Unknown 419 589Konica 700A Fax/Telephone Machine S#737739196 None PUED 420 589Brother Electric Typewriter S#G6175892 900411PUED 421 408IBM Typewriter Action Writer S#0719736 86244 Public Utilities 422 001IBM Seiectric Typewriter None Health Dept 423 001IBM Selectric Typewriter None Health Dept 424 001IBM Selectric Typewriter None Health Dept 425 001IBM Selectric Typewriter None Health Dept 426! 001IBM Typewriter S#83052 None Pollution Control 4271 910Recorder/Typewriter 85372 Recording 4281 910Typewriter Digital S#AF287 None Recording 429 910Typewriter Digital SEU1528 None Recording 430! 491Smith Corona Typewriter 5A1 None EMS 431 491Panasonic Fax S#EB640 None EMS 432 001Brother Fax Machine S#B640 None Health Dept SURPLUS PROPERTY-INVENTORY 501-599 Other Office Equipment ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 501 001Konica Copier Model 4155 S#15ME02500 Trans to DAS 87939 Purchasing 502 001AB Dick Copier Model 7455 None Purchasing 503 001Panasonic Tabletop Copier FP1300 S#HID60313733 890381Health Dept 504 001Panasonic Tabletop Copier FP1300 S#GFE6020911 (broken)None Health Dept 505 001Microfiche XL-20 Micron S#08582 0562 Health Dept 506 001BurroUghs B25PSI S#337952857 1068 Health Dept 507 001 'Answering Machine AT&T S#8822213 1483 Health Dept 508 001 Konica .Copier Model 1290 S#392259498 921103Parks & Rec 509 981Canon 4050 copier w/stapler, sorter S#AJ095044 920114Court Admin. 510 Delete 511 Delete 512 Delete 513 Delete 514 113:HP Multi Bin Mailbox C4785A None Bldg. Review 515 Royal 4290 Copier Conica 920804 516 Royal 1803 ZMR Copier 920805 517 113AB Dick Model 7577 Copier S#575800170 Comm. Develop. 518 010Toshiba BC1274PU Adding Machine KL101387 81476 Clerk of Court .519 010Canon CP1008D Adding Machine 712248 None Clerk of Court 520 001Postage Scale Pitney Mowes Model 5045 S#4959 81228 Purchasing 521 Delete 522 AT&T 9120 Cordless phone None Tax Collector 523 Sharp EL-2630GII Adding Machine Transferred to EMS None Tax Collector 524 Casio Heavy Duty Printer - Adding Machine Trans to EMSNone Tax Collector 525 Big Mount Mounting Pouch Laminator Transferred to EMSNone Tax Collector 526 001~onica Royal 1503 ZMR Copier SE008838611 Broken 891111County Attorney 527 589Sharp Adding Machine SE 2C2834 None PUED 528 589Texas Instrument Adding Machine TI504511 S~0011415 (2 qtyNonePUED 529 589Texas Instrument Adding Machine TI-5130 SE42986 None PUED 530 589Canon Adding Machine S#731953 None PUED 531 589Konica 1500 Copier None PUED 532 010Lanier Harris Transcription/Diction Machine S#159327 88961 Clerk of Court 533 010Lanier Harris Transcription S#159616 / Trans to Probation88959Clerk of Court 534 010Toshiba BC-1274PV Calculator SE100554 81734 Clerk of Court 535 010Amano Time Stamp Machine 4746 SE457CE 821084Clerk of Court 536 010Southwestern Bell Answering Machine FA935 SE0091212 None Clerk of Court 537 010Panasonic Answering Machine KX-T1470 S#2ACHC101223 None Clerk of Court 538 010Panasonic Answering Machine S#6EC5A003373 Trans ParksNone Clerk of Court 539 010Panasonic Answering Machine KX-T142 S#TACHB368929 None Clerk of Court 540 010Southwestern Bell Answering Machine FA981 SEC297727 None Clerk of Court 541 010Canon Caluclator P10-D11 SE726189 None Clerk of Court 542 010Seal Imprint Machine MCC D,1 None Clerk of Court 543 010Alder 12P Calculator SE76016328 None Clerk of Court 544 001GBC Laminator S#2740942 None Health Dept 545 001Kodak Projector S#504789 None Health Dept 546 001Kodak Projector S#504789 None Health Dept 547; 001Health Scale Model #332 NoneHealth Dept 548 001Bell Howell Projector NoneHealth Dept 549 001LaBelle Duok S#J8051185 8535Health Dept 550 001 Dukane VP S#1233319 NoneHealth Dept 551 001'BMS Copier S#2625960 NoneHealth Dept 552 001Kodak Projector S#506031 None Health Dept 553 510Cash Reader Slot Recorder S#803752 930870DOR 554 510Cash Reader Slot Recorder S#208067 920523DOR 555 510Cash Reader Slot Recorder S#8001920 None DOR : · 556 001ADTran DSU/111AC S#541A8559 None Health Dept 557 001IBM/DSU/CSU S#2337571 NonelHealth Dept 558 001IBM/MUX S#KTQ4EMN None Health Dept 559 001IBM/DSU/CSU S#2357535 None Health Dept 560 001IBM/DSU/CSU S#2324647 None Health Dept 561 001IBM/DSU/CS S#2326266 None Health Dept 562 001IBM/DSU/CSU S#32992 None Health Dept 563 001!Binder Ring Maker 872028Pollution Control 564 001Micro Tech S#S6C8173601 None Pollution Control 565 001Datacom Model DE7 S#641205 None Pollution Control 201:11 566 198Paper Cutter None Museum 567 001Time Clock None !Clerk of Court 568 001Cannon Calculator MP24D None :Clerk of Court 569 001HP Scanner C2520A 960243Clerk of Court 570 010HP Fax Machine 700 Trans to Parks None MIS 571 ~ 010Cannon CP10080 Printer/Calculator None MIS 572! 010Epson Printer Trans to Parks None MIS 573 010PC ATT 550 S#29558375 950321MIS 574 010Mass Storage 300MB Disk S#8020806 900675MIS 575 010Hub S#22640058 940166 MIS 576 010Hub S#22640042 940168 MIS 577 010Hub S#23070203 940162iMIS 578 010Hub S#22640073 940163MIS 579 010NCR 3447 921126MIS 580 010File Server S#25801362 940663MIS 581 010DSP3 System Processor S#21338356 930321MIS 582 010DSP3 System Processor S~21338756 930320MIS 583 010Desk Jet 1600C USA5100687 960197MIS 584 010Communications Line Modular 930318MIS 585 010Multi Mode IV6 Data Display Case 891197MIS 586 910Microfilm Viewer Model #795A 901207Clerk of Court 587 010!Date Stamper Model ~-4746 7163MIS 588 910Microfilm machine Reader Model #780FSII 890784Recording 589 Itsa Cabinet 930316Property Appr, 590 Modem Cabinet 930317Property Appr. 591 491Cannon Photo Copier F129000 None EMS 592 491Cannon Multi Pluss C3500 None EMS 593 681:2TUS KTU None Court Admin. 594 0012 boxes computer software None Health Dept 595 0012 boxes computer parts None Health De@t 596 001icomputer cables None Health Dept 597 001 1 box modems NoneHealth Dept 598 0011 box modems NoneHealth Dept 599 SURPLUS PROPERTY- INVENTORY 601-699 Miscellaneous Non-Electrical Items ITEM tFUND I ITEM DESCRIPTION/SERIAL # IASSET # IF.OM 601 495Keyboard Underdesk Holder - Fellowes Transferred to EMSNoneAirport Authority 602 LA120 Sound Cover 87892 MIS-Immokalee 603 113Map Rack 881176Bldg. Review 604 113Map Rack 82974 Bldg. Review 605 Box of Computer books None Tax Collector 606 DOS Tutor Program lB 3 1/2 None Tax Collector 607 Microsoft Windows Graphical Env. 3.0 version 3 1/2 None Tax Collector 608 Norton Anti Virus Program 4.0 version Trans to Parks None Tax Collector 609! Computer Books None Unknown 6101 589Asphalt Concrete Testing Machine None PUED 611 i 010Paper Sorter - Cabinet Transferred to EMS None Clerk of Court 612 001Novell Sever Software 940135Health Dept, FEB 2 7 2001 613 001Novell Sever Software 940134Health Dept. 614 001 Exam Table 3755Health Dept. SURPLUS PROPERTY - INVENTORY 701-799 Miscellaneous Electronic Items ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 701 408Autoclave Model GLS-10D SE60335 911147Wastewater 702 408Titrator Fisher Scientific S#00300002 911152Wastewater 703 408Titrator Fisher Scientific S#AR16484 911138Wastewater 704 001Audiometer Berkesy S#ARJ-4A Health Dept 705 Optima Data Fax Moden DL-250LA None Tax Collector 70~ Delete 707 Delete 708 Delete 709 Delete 710 113HP Plotter S#2548A07813 861978Bldg. Review 711 1131Microfilm Reader Dukane S~1417112 891848 Bldg. Review 712 NCR Reg Tape Mach Model0125-7190 SE02-0021557141 1599&1621Tax Collector 713 010;DSC Scholer Modem DF242CA S#RN10495 88796 MIS-Clerk 714 010;DSC Scholer Modem DF242CA S#RN10495 (broken) 910203 MIS 715 010DSC Scholer Moden DF242CA S#RN25114 None MIS 716 010DSC Scholer Modem DF242CA S#RN10229117 910202 MIS 717 Box of 4 keyboards None Clerk of'Courts 718 Box of keyboards & Mouses None 'Tax Collector 719 510Cash Receipt Validator Epson TM93011-011 S#4851984294889 DOR-Utilities 720 510Cash Receipt Validator Epson TM9301 SE485002154 920698 DOR-Utilities 721 589HP Plotter DXLL VX-P2624 S#3141L24252 92110 PUED 722 589Fan None PUED 723 010Toshiba VCR SE30246225 Transferred to Parks 871477 Clerk of Courts 724 101Two Hand Held Radios S#178714 & S#01792850 Trans ParkNone Transportation 725 101Texas Instrumbnet Scientific Calculator w/printer S#1817053/7054Transportation 726 101Micro Fiche Reader S#15314248 891716 Transportation 727 001Panasonic VCR S#HCTA00100 None Health Dept 728 001Samsung VCR S~0141789 None Health Dept 729 001Panasonic TVNCR S#VQL4396 None Health Dept 730 001Panasonic TVNCR S#DIAA11148 Trans to Aquatic PlantNone Health Dept 731 001Quasar TV S#WT5943WW None Health Dept 732 001 Tiny Timer S#4631 NoneHealth Dept' 733 001Cassette w/mini recorder S#640390 None Health Dept 734 001Box of computer mouses None Health Dept 735 736 408DO Meter SE90B012882 91150 SCRW Lab 737 408DO Meter SE22366 VSI 86131 SCRW Lab 738 001Radio Shack 40 Bank Handheld Radio SE103459 None Transportation 739 001Gateway Laptop S#BC0975357 Trans to Parks 970468Transportation 740 001Compaq laptop S#4E Lite 253 None Transportation 741 491Thumper S#2174 950600EMS 742 491Thumper S#1949 82490 EMS FEB 2 7 001 743 491Thumper S#1440 82496 EMS 744 491Thumper S~2175 950601EMS 745 491Thumper S~0198 85187 EMS 746 491Thumper S4K)576 None lEMS 7471 491Thumper 82493 EMS 748! 491Thumper S#0776 88611 EMS 749 491Thumper 82495 EMS 750 491Thumper S~1950 None EMS 751 49118 Thumper Boards Blue & Red None EMS 752 491Thumper 901231EMS 753 491Thumper None EMS 754 491Thumper 88628 EMS 755 491Thumper None EMS 7561 491Thumper None EMS 757 491Thumper S#0779 88549 EMS 7581 491Thumper None EMS 759 491Thumper None EMS 760 491Thumper S#1668 920979EMS 761 491Thumper S#2314 960604EMS 762 491Thumper S#1951 82492 EMS 763 491Tubing 2 boxes 46 total None EMS 764 4911 of 25 boxes Misc. pumps, hoses, charger None EMS 765 491Med System III S#0006939 None EMS 766 491Med System III S#0014416 None EMS 767 768 491Toshiba Calculator S#G102202 None EMS 769 491Canon Calculator S#MPI2D None EMS 770 491~ Brother Intellifax 600 S#B41229645 NoneEMS 771 491IBM Typewriter 82001EMS 772 491Panasonic KX E508 88705EMS 773 491 Dot Matrix Printer S#AHF534039 NoneEMS 774 491Word Processor S#16889629 None EMS 775 491Dual Side Ink Red Scanner 91214EMS 776 681Hole Punch ABM 834 S~3957 88791Probation 777 681Typing Table None Probation 778 681Printer LA75 Companion Printer None Probation 779 681Konica Copy Machine S#450208766 None Probation 780 681Cannon Bubble Jet Facsimile S#270511 None Probation 781 681KX-#506E Typewriter Panasonic None Probation SURPLUS PROPERTY-INVENTORY 801-899 Office Furniture ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET.# JFROM 8011 001Small Cart/Table Health Dept 802 001Small Cart/Table Health Dep( 803 001Office Chair NoneHealth Dept 8041 001Office Chair NoneHealth Dept 8051 001Office Chair NoneHealth Dept 806 001Office Chair None Health Dept 807 0105 Drawer Lateral File - transferred to Purchasing 86924 Clerk of Court 808 010Storage Cabinet Trans to Probation None Clerk of Court 809 0105 Drawer Lateral File - transferred to Facilities Mgmt.NoneClerk of Court 810 0105 Drawer Lateral File - transferred to Facilities Mgmt.NoneClerk of Court 811 113Stool Trans to Parks 890587Bldg. Review 812 113Stool 890584Bldg, Review 813 113Stool 890589Bldg. Review 814 113Stool 890585Bldg. Review 815 113Stool 86759 Bldg. Review 816 113Stool 890590Bldg. Review 817 113Stool Trans to SCRW Lab 890588Bldg. Review 818 113Gray Chair 862001Bldg. Review 819 113Stool Trans to SCRW Lab None Bldg. Review 820 Small Stand Trans to health Department None Unknown 821 001Plan Holder (bin) Trans to Health Department None Comm. Develop 822 001Plan Holder (bin) 8728 Comm. Develop 823 Computer Desk None 'Jail 824 Desk None Jail 825 589High Back Tan Chair None PUED 826 589Blue Green Chair Transferred to Fleet Mgmt. None PUED 827 001Ten Stacking Chairs w/arms Trans to Health Dept, None Stormwater 828 001Maroon office chair w/arms Trans to Parks None Transportation 829 001Gray office chair no arms None Transportation 830 001Gray office chair no arms None Transportation 831 001Gray office chair no arms None Transportation 832 0011 chair no arms None Health Dept 833 0011 chair no arms None Health Dept 834 0011 chair w/arms None Health Dept 835 001Reception chair/blue None Health Dept SURPLUS PROPERTY-INVENTORY 901-999 File Cabinets, Other Storaqe Cabinets ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # JFROM 901 0015 x 8 Card Files & Drawers Health Dept 902 Shelved Storage Cabinet (metal) Tax Collector 903 Shelved Storage Cabinet (metal) NoneTax Collector 904 Shelved Storage Cabinet (wood) Transferred to DAS NoneTax Collector 905 010Metal 2-drawer card file NoneClerk of Courts 906 4911 CS Sharps Traps NoneEMS 907 49129 Boxes of Misc. Supplies NoneEMS 908 491,2 cases of slides NoneEMS 909 491wood boards for Short Boards NoneEMS 910 49142 Arst Thomas Body Mast NoneEMS 911 49110 Spider Straps NoneEMS 912 491 2 Blue Laderal Suction Units NoneEMS 913 4914 each Adult Mask NoneEMS 914 4912 Mast bladders NonelEMS C~ C~ C~ 0'~ EXECUTIVE SUMMARY AWARD BID NO. 00-315,5 FOR THE PURCHASE OF EXPENDABLE MEDICAL SUPPLIES FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT. OBJECTIVE: To procure medical supplies in a cost effective manner through the award and use of term purchase order contracts. CONSIDERATION: On December 20, 2000 the Collier County Purchasing Department sent bid invitation notices to twenty-seven (27) vendors for the purchase of one hundred fitly-eight (158) expendable medical supply items. On January 10, 2001 bids were publicly tabulated. In evaluating the bids, EMS Department staff contacted the apparent low bidders to verify compliance with the published specifications. In order to maximize the best prices available, EMS Department staff recommends award of the bid on a line-by-line basis to the lowest responsive bidder for each line item. It is further recommended that the entire bid offerings of each responsive bidder be accepted as secondary suppliers to be utilized in the event of the inability of the lowest responsive bidder to furnish supplies as needed. In such a situation, the next lowest bidder would be contacted, and then the next lowest bidder and so on until needed products could be obtained. (This would provide a means of addressing possible regional shortages of supplies during an unforeseeable circumstance.) Attached is the list of the recommended primary awardees (Attachment A.) FISCAL IMPACT: Funds for these purchases are approximately $130,000 and will increase each year as the volume of our service increases. Funds for these purchases are appropriated in Emergency Medical Services Fund (490). GROWTH MANAGEMENT IMPACT: None A~, NDA ITEM No. kF~ { FEB 2 ? 2001 RECOMMENDATION: That the Board of County Commission award Bid No. 00- 3155 to the vendors as recommended herein for the purchase of expendable medical supplies for the Emergency Medical Services Department. ~h~ese Orten~en, Co~"t~tnder ency Medical Services Department REVIEWED BY: ~,'\ "~ Date: 0 ") } ) Di:,,~e Bx. Flagg, Chief ' Emergency Medical Services Department REVIEWED BY: --~~,/D ~' ~. ~X:~? Date: 'Z ~ f O I Steve Carnell, Director Purchasing/General Services APPROVED BY: Thomas Storrar, Administrator Emergency Services Division Date: ~ff~/~: I [ ] FEB 2 7 2001 ATTACHMENT A AWARD LIST FOR EXPENDABLE MEDICAL SUPPLIES Bid ~g)0-3155 Emergency Linen Supply Disposable fitted sheet Disposable linen pack/pillow case Disposable pillow case Disposable quilted blanket Emergency, Medical Products Bandaids, cloth Disposable pillow EKG Propaq paper EKG paste EOA Gauze, 4X4 sterile sponges Gloves, extra large Gloves, large Gloves, medium Gloves, small Isolation gown IV catheter 14ga, 2" IV venigard Laryngoscope blade, Mac 2 Laryngoscope blade, Mac 3 Laryngoscope blade, Mac 4 Lax3rngoscope blade, Miller 1 Laryngoscope blade, Miller 2 Laryngoscope blade, Miller 3 Meconium aspirator Nasal cannula, Adult Nasal cannula, Ped Nebulizer Needles 18ga x 1 1/2" Needles 21 ga x 1 1/2" NG tube 8fr NG tube 10fr NG tube 12fr NG tube 14fr NG tube 16fr OB clamp Oxygen (02) humidifier Oxygen (02) mask, Adult Oxygen (02) mask. Pediatric Scalpel Snaplocks Stylette, Adult Stylette, Pediatric Stylette, Infant Tape 1" Tape 2" Trauma sleeves Vacutainer luer adapter Vacutainer needle, 21 ga x 1" FEB 2 ? 2001 Emergency Medical Su~!v Airway Airway Airway Airway Airway Airway Airway Airway Airway Airway Airway Airway Airway Airway Airway Airway nasal, 12fr nasal, 14fr nasal, 16fr nasal, 18fr nasal, 20fr nasal, 22fi' nasal, 24fr nasal, 26fr nasal, 28fr nasal, 30fr oral, 110mm oral, 100mm oral, 40mm oral, 50mm oral, 60mm oral, 80mm Airway oral, 90mm Annboard 9" Ambu robecheck B Bedpan, fracture Betadine prep pads BVM, Adult BVM, Pediatric BVM, Infant Cardboard splint 12" Cardboard splint 18" Cardboard splint 24" Electrodes. quick combo. Adult Emesis basin ET tube 2.5mm ET tube 3.0mm ET tube 3.Smm ET tube 4.5mm ET tube 5.5mm ET tube 6.0mm ET tube 7.0mm ET tube 7.5mm ET tube 8.0mm Eye cover metal Gauze 4x4 unsterile Gauze 8xl 0 sterile combine pad Gauze conforming stretch bandage 3" Glucometer test strips Heparin lock Gastric sump tube 18fr OB kit Pack, cold Pack, hot Suction canister 1200cc Suction canister 800cc Suction catheter 6fr Suction catheter 8fr Suction catheter 10fr Suction catheter 12fr Suction catheter 14fr Suction catheter 18fr Suction tonsil Tourniquets Vacutainer holder FEB 2 7 2001 Moore Medical Supreme Medical Bite stick Bulb syringe Cravat Hand cleaner Oxygen (02) mask, infant Sharp shuttle PMX Medical Ammonia inhalants BAAM monitor Convenience bag Cotton tipped applicators Vinyl zippered pillow cover EKG paper Electrode quick combo, Pediatric Gauze, Vaseline IYO needle 15or16ga lYO needle 18ga IV catheter protective, 14ga IV catheter protective, 16ga IV catheter protective, 18ga IV catheter protective, 20ga IV catheter protective, 22ga Oxisensor II, D-20 Oxisensor II, 1-20 Suction tubing sterile Contaminated box Electrodes, adult Isolation mask Isolation mask w/shield KY jelly Syringe 1 cc w/25ga x 5/8" needle Syringe 3cc Syringe 12cc Syringe 20cc Syringe 60cc w/catheter tip Trauma dressing Urinal Vacutainer tube Tri-anim~ aka Advanced Medical & Pharmaceutical Ace bandage 3" Ace bandage 6" Alcohol preps Electrode, pediatric T-tube Volutrol FEB 2 7 2001 p~.,, ~ Health Services. Ine~ URGENT NOTICE 13170 Telfair Avenue · SyLmar, California 91342 (818) 362-6882 · (818) 362-8681 (FAX) Dear Valued Customer; Internet www. t, rianim.com E-maih info~xianim.com We have great news for you. Tri-anim Health Services~ Inc, kss pu:chased Advanced Medical & Pharmaceutical Suppliers, Inc. also know as~v[PS, e_ffeetive 1%-bruary 5,. Z001,~ri-anim is the nation's largest specialty products supplier that has tremendous advantages to make your job easier. Tri-anim has made every attempt to minimize problems &~.ng this transition by electronically tnmsferring your a~count information from the AMPS computer to Tri-an'un's. However, being different computer systems and software programs, problems can ocaxr. Please pass a copy of fl'fis letter on to your accounts payable department and any others in your organization with a need to be aware of this change and please let us know immediately if you identify any errors so that we may act on them immediately. lmoortant N, 9t~s Beginmug February 5, 2001, all shipments will be invoiced by and retorted to: Tri-amm Health Services, Inc. 13170 Telfair Avenue Sylmar, CA 91342 ~]l existing backorders with AMPS will be ffiled by Tri-anir~ · AH invoices previously billed by AMPS or Tri-anim should be remitted to Tri-anim at the above address. · If you have a sales tax exemption certificate, please fax a copy immediately to Tri-anim at (818) 364-0998. Please note that Tri-anim terms are net 2.0 days. I have jotned Tri-anim as an EMS salesperson and look forward to working with you even more effectively with Tri-anim's incredible support systems including same day shipping for orders received right up until 5pro with delivery the next day from our Orlando facility or one of our other 12 locations. Tri-anim's fill rate for your frequently ordered items will soon exceed 99% as Tri-anim does in the Hospital market. Our phone numbers will continue to be: 800-553-2677 & 904-252-6663 for customer service and 888-553-2677 & 904-257.3117 for faxing. The AMPS Web site will continue to b~ available short term, however, please visit www.Tri-anim.eom as AM. PS information will be merged to the EMS area of Tri-anim's site. Make sure to register for e-QuickTM as it is a highly efficiem ordering tool and allows you to quickly track orders and look at historical ptuchases. I would like to personally thank you for supporting AMPS for the past eleven years. Now, as the newest oompouem to Tri-anim's commitment to EMS, you will see that we have solidified our commitment of placing you and your patients fixst. Should you have any questions or concerns, please feel free to give us a call at the above number or Tri-anim's corporate office at 800-972-2901. All of us at Tri.anim look forward to working with you for many years to come. Sincerely, Mike Ponistowski Owner/President-AMPS The Nation's Dominant Specialty Products Supplier for Respiratory, Anesthesia and Critical Care Distribution Centers Albany, New York Charlotte, North Carolina Denver, Colorado Fort Wayne, Indiana Houston, Texa~ Kansas City, Missouri l.z)s Angeles, California Memphis, Tennessee Minneapolis, Minnesota Orlando, Florida Pittsburgh, Pennsylvania San Francisco, California Seattle, Washington FEB 2 7 2001 FEB 2 7 2001 FEB 2 ? 2001 pf ~] FEB 2 7' 200! A(~ND~ITEM "o. FEB 2 7 2003 ~,~..., IO "1:=1:=11 ~ *' ,-,-,-,-,-.,-,-,-,-,.,-,-,-,-,-.-,-,-,-,-,---,-,-,-,-,-,-,---.--,-,-,-, Z ZZZ Z ~ ~ °°° ~ ~m ~ FEB 2 7 2001 FEB 2 ? 2001 ' , ~1~1~1~1~ NI~I~I~I~I~I~I~O. i.Ti i i i iT i Jllll l ] J l l 'l'l'l'l' o o o o ~ IOlOlOlO mm~ Iml~Imlm IZIZIZIZ ~ ~ ~ ~ ~ ~ ~ o FEB 2 7 2001 FEB 2 7 2001 = 6') '~d ~X, '%1 A~ FEB 2 7 2001 FEB 2 7 2001 AGENDA ITEM FEB 2 7 2001 FEB 2 7 2001 FEB 2 7 2001 III -i :3,. I111 iC]D L"n [] IZI 1:]13 Ill o m z mmm - m FEB 2 ? ~Om I Po. ~' ;;:)' J FEB 2 7 2001 p~ ~ FEB 2 7' 2001 AGENI~,~ ITEM No. II~ ~ / FEB 2 ? FEB Z 7 2001 ~..: = -I_.1_=1~ -= .=.= .= ,,, .,, ,.., : - - - ~ I-~ I-~ I-~ j. ' § § § ,~ -I~. ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ ~ ~~ I~;1~ I;~bl =-, 3-' it: 3.,., ~:., ='1='1='1~'1~'1 o o ~,., ~ .- .,,- ., ,,, ,~ ,,,.,., ,,, :-=.:~ =.~, ~'~'.. ~- ~- ~-,, .,, ,,, ,,, ,,, ,, ,,, -,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,------, m Ill '~'~ ~~1~1'~1~1~ IIII I~1~1~1~1~1~1~I~1~1~1~1~1~1~ Z 000m i l lmlm I--II'-II~lm IO~lrnl Imlmlml~ ~ IO~1o~ IO~1~1 o ~ FEB 2 7 2001 No., /L~ r= ! FEB 2 7 2001 o ;:1. -.I .? " -,4 FEB 2 7 2001 FEB 2 7 2001 Po. FEB :~ 7 FEB 2 7 2001 ~ m FEB 2 7 20c, A ,~ ..Ds FEB 2 ? 2001 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 27, 2001 Operating Expenses Appraisal Fees Reserves Reserve for Capital Outlay Total: Explanation: Capital Improvements (Fund 306) Parks Capital Projects Budget Amendment g01.185 $12,000 (12,000) -0- Funds are needed to payforappraisalofpropertyk)catedin BarefootPreserve. AGENDA ITEM No. FEB 27 2001 Pg._ / . FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE Febmary 27, 2001 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo 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: 1. January 3 through January 9, 2001 2. January 10 through January 16.2001 3. January 17 through January 23, 2001 H :Data/Format No._ /t~2- t_ FEB 2 1 200! EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 258 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. DAVID G. HURLBUT, JR., TRUSTEE, ET. AL., CASE NO. 00-1398-CA (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final- Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 258 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. David G. Hurlbut, Jr., Trustee, et al., Case No. 00-1398-CA. CONSIDERATIONS: On July 7, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On July 21, 2000, Collier County deposited with the Registry of the Court the sum of $700.00 for Parcel 258 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Francisco Lemus, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-288). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $1,400.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 258. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $700.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ~..FISCAL IMPACT: Funds in the amount of $700.00 are available in the road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. 1 2001 RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $700.00 into the Registry of the Court. SUBMITTED BY: (,~; [_ _.. x,,_ ~ Date: Heidi F. Ashton Assistant County Attorney REVIEWED BY: Date: o I A. N. Korti, Project Manager Transportation Engineering & Construction Management REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management Date: REVIEWED BY: REVIEWED BY: Steve Miller, P.E., Director Transportation Engineering & Construction Management ' Norr~ Feder, Administrator Trafisportation Division Date: Date: APPROVED BY: David C. Weigel County Attorney Date: h: LitXEmDomXHufibutXExSum-P258SFJ 2 FEE} 2 7 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. DAVID G. HURl .RUT, JR., TRUSTEE, et al., Respondents.' / CASE NO. 00-1398-CA CIVIL ACTION PARCEL: 258 STIPULATED FINAL JUDGMENT Tills CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersig-ned counsel, and Respondent, FRANCISCO LEMUS, for entry, of a Stipulated Final Judgment as to Parcel No. 258, 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. FRANCISCO LENtUS, and the Court being otherx¥ise fullv advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, FRANCISCO I_EMUS, have and recover from Petitioner, COLLIER COUNTY, FLORDA, the sum of One Thousand Four Hundred and No/100 Dollars ($1,400.00) for Parcel No. 258 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages. and for all other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in corm, !'tinn xvith tile , above cause of action as it relates to Parcel No. 258: and it is furtherNO. ~ FEB 2 7 2001 ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional-Seven Hundred and No/100 Dollars ($700.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the total amount of One Thousand ::. Four !tnndred and No/100 Dollars ($1,400.00) to Francisco Lemus, 28037 Oak Lane, Bonita Springs, Florida 34135-6910, less any amounts previously paid for the benefit of Respondent,' FRANCISCO LEMUS; and it is further ORDERED that title to Parcel No. 258, drainage, sidewalk, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 7, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2667, Page 3041 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 258; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2001. conformed copies to: Heidi F. Ashton, Assistant County Attorney Francisco Lemus Collier County Tax Collector Bookkeeping Hugh D. Hayes Circuit Court Judge 2 FEB 2 7 2001 I JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties, hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 258. Dated: /n ANCISCO 28037 Oak Lane Bonita Springs, Florida 34135-6910 Dated: c~ --~"- 0 { HEIDI F. ASHTON, ESQUIRE Florida Bar No: 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner 3 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO, 258 WEST PROPERTY L~E~' EXHIBIT "~' (1 oo' R.o.w.) GOLDEN GATE BOULEVARD L EXIST. ,O' R'~W EA$ EM ENT---~. TRACT 50 DESCRIPTION: L330' 8QUfH PROPER"~ LINE -1 10 FOOT DRAINAGE. SIDEWALK. UTILITY, & MAINTENANCE EASEMENT NORTH PROPER'PT LINE .~-- EXISTING RIGHT OFWAY LINE ~ E,~T PROPERTl' LINE THE SOUTH 10 FEET OF THE NORTH 75 FEET OF TRACT 50, GOLDEN GATE ESTATES, UNIt NO, 0, AS RECORDED IN PLAT BOOK 4, PAGE 9g~ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. .. Public Works Engineering Depl~ 3301 Tamiaml T~il East Naples, ~ 34112 2001 . EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT PROVIDING PAYMENT FOR THE COUNTY'S INTEREST IN PARCELS 101 AND 803 ACQUIRED BY FLORIDA DEPARTMENT OF TRANSPORTATION IN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION v. JOHN N. BRUGGER, AS TRUSTEE, ET AL. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation for its easement and lienholder interest in Parcels 101 and 803, which have been acquired by the Florida Department of Transportation (FDOT) for the construction of a stormwater retention pond in the lawsuit entitled State of Florida Department of Transportation v. John N. Brugger, as Trustee, et al., Case No. 99-2795-CA. CONSIDERATIONS: On September 9, .1999, a Petition in Eminent Domain was filed by the FDOT for the acquisition of Parcels 101 (fee simple) and 803 (perpetual easement) for the construction of a stormwater management pond. The pond is to be constructed on Parcel 101 and a pipe maintained on Parcel 803 to direct the flow of water fi'om the pond to the County's existing drainage canal. The County was named as a defendant due to its interest in a drainage easement and water sewer special assessments on the property. The County answered the Petition and asserted its entitlement to the assessment lien amount, requesting to be paid from the good faith estimate of value to be deposited by FDOT. A Stipulated Order of Taking and Stipulated Final Judgment were agreed to by the property owner, John N. Brugger, Trustee, and FDOT, and entered by the Court on October 22, 1999, and October 28, 1999, respectively. On November 17, 1999, an Order to Allow Withdrawal of Funds was issued by the Court pursuant to a stipulation by FDOT and Brugger which failed to address the County's interest and provided for the withdrawal of funds by Brugger without payment of the assessment lien. As of the date of this order the assessment amounted to $3,854.64. On July 18, 2000, the County moved to set aside this order based on its entry without proper notice to the County and misconduct by an adverse party. At a hearing of this motion on October 25, 2000, the Court ordered FDOT to deposit the sum of $4,000 in the court registry for protection of the County's interest. As of the date of the hearing, the assessment amount was $ 4111.36, although the interest pro-rated through this date results in a sum of $4062.54. Through negotiations, FDOT and the County have reached a settlement agreement whereby the County will receive the $4000 in payment of its assessment lien (without further determination by the court), certain assurances regarding the design and construction of the proposed stormwater improvement and perpetual non-exclusive easement for access and maintenance of the drainage canal. The precise terms of this agreement are set out in the Stipulated Final Judgment (and its exhibits) which are attached hereto as Exhibit "1". Staff has reviewed the proposed settlement and considers the terms to be re best interest of the County. 1 FEB 2 7 2001 pg. FISCAL IMPACT: Payment to the County in the amount of $4,000, to be deposited into the appropriate account. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. direct staff to record in the Public Records of Collier County the perpetual easement when executed by the Florida Department of Transportation. SUBMITTED ~/Ellen T. Cha~'11 Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: Robert C. Wi16y, Senior Proj. Mgr. Stormwater Management Jotm A. Yonkosky,'Director l/ Utlh~ Bfihng and Customer Service Date: Date: APPROVED BY: David C. Weigel County Attorney h:LifiEmDomXBrugger~ExSum-SFJ Date: 2 IN THE CIRCUIT COURT OF FLORIDA IN AND FOR THE COUNTY OF COLLIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, VS. Petitioner, JOHN N. BRUGGER, AS TRUSTEE, ET AL, Defendants. / CIVIL ACTION NO.: 99-2795CA PARCEL NO.: 101, 803 STIPULATED FINAL JUDGMENT AS TO PARCELS 101 & 803 THIS CAUSE having come on for consideration upon the stipulation for entry of a Final Judgment made by the Petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter "DEPARTMENT" or "PETITIONER", and the Defendant, BOARD OF COUNTY COMMISSIONERS, as ex-officio governing board of the COLLIER COUNTY WATER AND SEWER DISTRICT, hereinafter "COUNTY" or "DEFENDANT", set forth hereinbelow, and it appearing to the court that the parties were authorized to enter into such stipulation, and the Court finding that the compensation to be paid by the Petitioner is full, just and reasonable for all parties concerned, and the Court being otherwise fully. advised in the premises, it is now, therefore ORDERED AND ADJUDGED as follows: 1. That Defendant, BOARD OF COUNTY COMMISSIONERS, as ex-officio governing board of the COLLIER COUNTY WATER AND SEWER DISTRICT ("COUNTY"), does have and recover of and from the DEPARTMENT, the sum of FOUR THOUSAND AND NO/100 ($4,000.00) DOLLARS, in full payment for any interest they might have in the property taken (designated as parcels 101 AND 803 herein), and for all kind and nature. 2. That within thirty (30) days of this Stipulated Final Judgment, the DEPARTMENT shall deposit, in addition to its previously stipulated deposits the sum of FOUR THOUSAND AND NO/100 DOLLARS, ($4,000.00), into the Registry of this Court, this being the amount of the lien of the COUNTY, which sum shall also be allocated to the COUNTY, and distributed by the Clerk, immediately upon deposit, and without further order of this Court, to the BOARD OF COUNTY COMMISSIONERS, as ex-officio governing board of the COLLIER COUNTY WATER AND SEWER DISTRICT; c/o ELLEN T. CHADWELL, ASSISTANT COUNTY ATTORNEY; 3301 Tamiami Trail East, Naples, Florida 34112-4902. 3. That title to the following described property, to wit: SEE EXHIBIT "A" ATTACHED which vested in the Petitioner pursuant to the Order of Taking and deposit of money heretofore made is approved, ratified and confirmed. 4. That this Stipulated Final Judgment is based on PETITIONER constructing a storm water management pond in accordance with the Pond Detail (Pond 300-A) attached hereto as EXHIBIT "B", and it is acknowledged that the storm water facilities to be constructed as shown are of particular importance to COUNTY, insofar as this design (1) will accommodate the' fu(ure improvements proposed by COUNTY and Lely Development Corporation, which include reconstructing the existing canal with its southern top of bank adjacent to the southern limit of the existing twenty foot (20') wide drainage easement, and which will require the canal to convey 100 cfs discharge from the existing RCP cross drain under US 41 to ,*he canal, (2) provides for a maintenance berm/access road adjacent to the existing twenty foot (20') wide drainage easement to be shared by PETITIONER and COUNTY, and (3) accommodates the proposed amount of outfall from the abovementioned p, FEE} 2 7 2001 existing or proposed reconstructed drainage canal. Accordingly, if the project is not constructed in accordance with the attached plans, COUNTY shall have the same remedies as would have been afforded to it had the case been resolved by verdict with said plans and specifications having been introduced into evidence at trial. 5. That PETITIONER agrees to construct a maintenance berm/access road adjacent to the existing twenty foot (20') wide drainage easement in accordance with EXHIBIT "B", and to grant COUNTY a twenty foot (20') wide perpetual non-exclusive easement over, across and on said maintenance herin/access road for purposes of gaining access to and mairnaining the COUNTY'S existing and proposed reconstructed drainage canal. The parties hereto acknowledge that the failure of PETITIONER to grant this access to COUNTY would deprive the COUNTY of any access to the southern side of this drainage canal for the entire length of that certain property acquired by PETITIONER and more particularly described as Parcel 101. 6 That the Parties hereto waive any claims as to attorney's fees and costs, including expert fees, and agree to be responsible for their own attorney's fees and costs, including expert fees. DONE AND ORDERED at Naples, Collier County. Florida, this __ day of · 20 Copies filrnished to: Frank W. Fulmer, Esquire John N. Brugger, Esquire and to all parties on the attached Service List by FDOT counse!. H:\USERS\LG 150FF\FRANK\BRUGGER~,STPFJ-2.101 TED BROUSSEAU CIRCUIT JUDGE A C-~.D A ITEM FEB 2 7 200l IN THE CIRCUIT COURT OF FLORIDA IN AND FOR THE COUNTY OF COLLIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, VS. JOHN N. BRUGGER, AS TRUSTEE, ET AL, Defendants. / CIVIL ACTION NO.: 99-2795CA PARCEL NO.: 101, 803 STIPULATION FOR ENTRY OF FINAL JUDG~NT PETITIONER, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, and Defendant(s), BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, EX- OFFICIO THE GOVERNING BOARD OF COUNTY WATER-SEWER DISTRICT, AND COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, by and through their undersigned attorneys, stipulate and agree that the Court should enter the FINAL JUDGMENT attached to this Stipulation. Dated this __ day of ,2001. FRANK W. FULMER, ESQUIRE State of Florida Dept. of Transportation Post Office Box 1249 Bartow, FL 33831 (941) 519-2641; Fax: 534-7129 Florida Bar No. 0133727 Attorney for Petitioner H :\USERS\LG 150FF\FRANK~BRUGGER\STIPFJ#3 .CO ELLEN T. CHADWELL, ESQUIRE ASSISTANT COUNTY ATrORNEY COLLIER COUNTY GOV'T. CENTER 3301 Tamiami Trail, East Naples, FL 34112-4902 941/774-8400 Tel.; 941/774-0225 Fax Florida Bar No.0983860 Attorney for Defendant :P NUP~ E~: 1953891 ~ECTION 03010-?-542 STATE AOAD 90 COLLIER COUNTY DESCRIPTION' :3~RCEL ESIATE 0R' INTEREST .TO-- BE OBTAINED: FE-E SIMPLE 'hmt"portion of .Section 29',':__Tb~nship':50 South, Range .26 :o!lier '.County, .Florida: - eing d~scribed as follows ' -- ommence at the. northeasterlymost corner of ·Block "D", Unit l, yrtle Cove Acres as per plat thereof-recorded in Plat Book"D, age 38; .?ublic Records of-Colli. er-~ounty, -Florida said point lso"lying on the westerly existing right of.way line. .of State oad 90 [ (U..S. ·41) (.per Section 03010'.2116) ] 7' thence along said esterly existing right of way line, 'North 39°01'59" West, 97.214 meters (647.03 'feet) for a POINT OF BEGINNING; thence o'uth $0~.58'0!"-..West, -91.~40 .meters (300'.00 feet); thence North 9?32"38" .~.'est, '~7.~02 .=neters (.320.'87 feet); .thence North 8.~!9~27" ]East, 1.71.072 .meters (561..76 feet) to said westerly xisting'~.~iuht of .way .liner.thence .along said westerly exis.ting . i~ht .:o.f.':~ay line," .South. '3.9'°0! ' 59" 'E'ast, -99 .·632 meters (326.'87 =~et') - to"~_he .~OINT 'OF. BEGINNING. . - 1!59' 'hectares (2.7~7 acres) . Exhibit ' .~.. FEB 2 7 2001 -~P NUMBER: 1953891 ;ECTION 03010-2542 STATE ROAD 90 COLLIER COUNTY DESCRIPITON 'ARCEL ~803 -'ESTATE OR INTEREST TO BE OBTAINED: PERPETUAL EASEMENT 'hat po_rtion of.. section'2-9, Township 50 South, Range .26 East, :olli .r.. ,C~uhty','._~F, lorida'. .eing-..describe:d!. .ormmence 'at the northeasterl~rmost corner of Block "D", Unit .1, vrtq.e Cove Ac;:es as .per plat thereof recorded in Plat Book 3 age' 38, Public Records of Collier County, Florida said point !so lying on the westerly existing right of way line of State oad 90 [ (U.S. 41) (per Section 03010-2116)].; thence along said esterly existing right of way line, North 39:01'59" We'st, 97.214 meters (~47.03 feet) ; thence South 50:58'01" West,..9!.440 eters (300.00 feet); thence North 89°32'58" West, 97.802 meters 320.87 feet); thence North 38019'27" East, 45.798 meters (150.26 eel) for a POINT OF .BEGINNING; thence North 51040'33" West, .0~6 meters (26.00 feet); thence North 38019"27" East, !0.000 eters (32.81 feet); thence South 51:40'33" East, 6.096 meters 20.00 feet); thence South 38°19'27" West, 10.000 meters (32.81 ~et) to the POINT OF BEGINNING. ~_-~Dntaining 61.0 square meters (65~ square feet). PURPOSE OF THIS EASEMENT IS TO FACILITATE ~ DIRECT THE FLOW OF WATER ~OUGH THE USE OF A PIPE~ FROM A P. ZTENTION POb-D TO-AN OUTFALL DITCH. FEB 2 7 2001 I I AGENDA ITEM. FEB 2 7 2001 Pg. ~ J ~FEB 2 7 2001 ~. 10 EXECUTIVE SUMMARY A RESOLUTION CLARIFYING THE MEMBERSHIP OF THE COLLIER COUNTY COMMUNITY HEALTH CARE PLANNING AND FINANCE COMMITTEE. OBJECTIVE: To clarify the membership of the Collier County Community Health Care Planning and Finance Committee and to continue to identify the desired medical and professional affiliations that the Board of County Commissioners considers to be necessary as expert consultants for this Committee to provide a comprehensive study and report to the Board. CONSIDERATION: on August 1, 2000, the Board of County Commissioners of Collier County adopted Resolution No. 2000-245 establishing the Collier County Community Health Care Planning and Finance Committee as an ad hoc committee to perform a comprehensive study and report to the Board on the community financial health care needs. On January 9, 2001, the Board of County Commissioners considered and approved the clarification of the role the expert consultants referenced in Resolution No. 2000-245 and Resolution No. 2000-286 were asked to perform for this Committee. The attached Resolution memorializes and clarifies the members and consultants who are involved with this Committee. FISCAL IMPACT: Routine administrative and support costs associated with the operation of this Committee will be paid through the Public Health Department. Due to the specialized and technical nature of this Committee's work, it may be necessary to engage the services of a health care financial consultant to assist the Committee in its efforts. This determination will be made after the Committee has been appointed and will require approval from the County Manager and/or the County Commission, consistent with established procurement and budget policies. GROWTH MANAGEMENT 1MPACT: There is no growth management impact associated with the creation of this committee and there is no Public Health element in the County's Comprehensive Plan. ' RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution clarifying the Community Health Care Committee's membership and the role various medical and professional experts will play in the Committee's study. REVIEWED AND APPROVED BY: ~"a~miro Mafialichv ' ....... .Chief Assistant County Attorney David C. Weigel County Attorney Date: Date: 2001 I 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 54 55 56 RESOLUTION NO. 2001- A RESOLUTION CLARIFYING THE MEMBERSHIP OF THE COLLIER COUNTY COMMUNITY HEALTH CARE PLANNING AND FINANCE COMMITFEE AND THE INCLUSION OF MEDICAL AND PROFESSIONAL EXPERTS TO PARTICIPATE IN THE COMMITTEE'S STUDY. WHEREAS, on August 1, 2000, the Board of County Commissioners of Collier County adopted Resolution No. 2000-245 establishing the Collier County Community Health Care Planning and Finance Committee as an ad hoc committee to (1) lead a broad based community health care planning process, which includes a financial and economic analysis of program recommendations submitted by the Community Health Care Review Committee, as well as specific program recommendations made by its own members; (2) to identify the most appropriate solutions to current and future community health care needs; (3) to quantify the cost of these solutions; and (4) to determine the optimum mix of funding mechanisms to finance proposed solutions, and ~qtEREAS, in order for this Committee to complete its analysis and provide a comprehensive report to the Board of County Commissioners, the Committee will need to consult with experts of various medical and professional affiliations within the Community; and WHEREAS, the primary purpose of listing the medical affiliations referenced in Resolution No 2000-245 and Resolution No. 2000-286 were to identify the expert consultants the Committee considered to be necessary in order to provide an accurate and comprehensive report to the Board of County Commissioners. NOW, TIIEREFORE, BE IT RESOLVED BY Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby cladties that the composition of membership of the Collier County Health Care Planning and Finance Committee is as follows: Certified Public Accountants & Financial Specialists Commercial & Investment Bankers Health & Insurance Actuaries, Underwriters & Brokers Health Care Attorneys & Consultants Managed Care Specialists Appropriate members of the Health Care Review Committee Business Leaders Community Leaders The term of this Committee expires on August 1, 2001. BE IT FURTIlER RESOLVED that the Board of County Commissioners desires the following entities to participate as expert consultants and advisors for this Committee: Naples Community Hospital Cleveland Clinic Collier County Medical Society Collier County Dental Association Mental Health Association Collier County Health Department Department of Health Volunteer Coordinator County Budget Director Collier Health Services Health Planning Council Collier County Public Schools Certified Public Accountant AC~NDA ITEM NO. I t, (~L) FE3 2 7 2001 I 2 3 ATTEST: 4 DWIGHT E. BROCK, Clerk 5 6 7 8 By: 9 10 11 12 13 Approved as to form and legal 14 sufficiency: 15 l,~U'~mir o Mafialich~ ~ I9 Chief AssistantCounty Attome5' 20 21 RM/kn 22 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES D. CARTER, Ph.D, Chairman AGENDAL~ _ No. J_~~ FEB 2 7 2001 pg. .7 EXECUTIVE SUMMARY APPROVE REPEAL OF COLLIER COUNTY ORDINANCE 74-3 ESTABLISHING THE GOLDEN GATE FIRE CONTROL DISTRICT MUNICIPAL SERVICE TAXING UNIT IN ITS ENTIRETY OBJECTIVE: The Budget Director desires to obtain Board approval for the repeal of the ordinance that:. established the Golden Gate Fire Control District Municipal Taxing Unit. CONSIDERATION: Ordinance No.74-3 was adopted by the Collier County Commission to provide fire protection in the Golden Gate unincorporated portion of Collier County. This service is no longer needed because fire protection is provided by Collier County. Although the Collier County Board of County Commissioners was designated as the governing body for this district, this entity does not function, has neither funding nor expenditures and needs to be terminated as an existing entity so that it may be removed as a budget item. FISCAL IMPACT: The repeal will serve to simplify County budget preparation. GROWTH MANAGEMENT: This is purely a budgetary item and is not inconsistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioner~ approve the repeal of ordinance 74-3 in its entirety. Prepared by: IJ.~c qu?li ne...Hubbard Robinson ~/ssistant County Attomey Date:~.t~ Reviewed and Approved by: Michael Smykowski, Budget Director Date: Reviewed and Approved by: Thom as'~V i ~)liff~Count~,a~a ager Date: AGENDA ITEM No. / FEB 2 7 2001 Pg. / 1 ORDINANCE NO. 2001 2 3 AN ORDINANCE REPEALING IN ITS ENTIRETY, 4 COLLIER COUNTY ORDINANCE NO. 74-3, THE GOLDEN 5 GATE FIRE CONTROL DISTRICT MUNICIPAL SERVICE 6 TAXING UNIT; PROVIDING FOR INCLUSION IN CODE 7 OF LAWS AND ORDINANCES;' PROVIDING FOR 8 CONFLICT AND SEVERABILITY; AND PROVIDING FOR 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the Board of County Commissioners adopted Ordinance No. 74-3, that created the Golden 12 Gate Fire Comxol District Municipal Service Taxing Unit; and 13 WHEREAS, the Board of County Commissioners desires to terminate the Golden Gate Fire Conlxol 14 District Municipal Service Taxing Unit. 15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 16 COLLIER COUNTY, FLORIDA that: . -- 17 SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 74-3. 18 Collier County Ordinance No. 74-3, is hereby repealed in its entirety. 19 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 20 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances 21 of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish 22 such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 23 SECTION THREE: CONFLICT AND SEVERABILITY 24 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 25 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or 26 unconstitutional by any court of competem jurisdiction, such portion shall be deemed a separate, distinct and 27 independent provision and such holding shall not affect the validity of the remaining portion. 28 SECTION FOUR: EFFECTIVE DATE 29 This Ordinance shall be effective upon filing with the Florida Department of State. 30 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, 31 this day of ,2001. 32 ATTEST: BOARD OF COUNTY COMMISSIONERS 33 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 BY: BY: Attest as to Chairman's Signature only. Approved as to form and legal sufficiency: J a~ ~ uetinU~ Hubbarlt'l~obinson Absistant County Attorney h:t~rdmancea/jhr/Rcpeal-Fire Comlxal Diswict O~e James D. Carter, Ph.D., Chairman AGENDA ITEM No.___g7,q - FEB 27 2001 pg._ 2. Page 1 of 1 AI A~ VAhD~ ~X Mt¥¥, '~,.'. ":',~. :..:' · . . ....2.:,..~-,.., - , . , , , .:. ~.~*3'.. g: .~ '. . ...,.; ~ ~ ~., .;~;-,,.:.,:.,. , ~ oc,~ c0u~, ~=~= .... ':i,p~:~:{.l¢:C'.. ' .......... ': . .': . · ~..TW~',~%. :; ._: . -...,,., ...... · ( A~A~D ~!1~ A ~ ': ' ' '.,-': " · '%', .2 :.' , q.:::', . .. · ;:,. .....:?~:... .' ,..:. ' p &~l ~ ~;. ~ ~f '.,..' .,:' · ;' m~ ~' ~a.... '~ ~:" : ~ ~t~ L," .../LFImageDisplay.exe?doc=8625&page=0&fit=l&xlen=640&ylen=1000&xsource= -.--A~ ITEM No._~/7/9 FEB 27 2001 Pg._ .~ Page ! of 1 gf, gn~6 b)~ tha ~aL~an'~n~.V~ea ~aL~nali u~ ~a aoa~, eha~ he .., the I)oarcr. '~* Tzea~v~e: ,hs~on o~.b~fo~-, iaoh yanv maka a W~ ' ~ roLL at ~n alGatt~ to bo ~d aa~d~nff.~.~e applXoab~e lava og . ' t. he itnt~ o~ ~o~da, . - --~..:~J,'c~:.. ~. ,:,;....- · - .: ~ , ~" ' '~'~.t.C. - %'.*.'." ,.. ' ' , , ' · . :,::.. ':;or ~GK ~,,~ .' - ':' ;; ~ ''" ..... .L:"- ..",: ~'~' '. 'q' .. ..~ . . .. ,~o~..;~. -.~. · . ~ ~t~:~: ..-.; . ..,,.-~.~/~-.., '_ · . .~ . :. '. ' .. :,~ :.,:,..ri~'~;~ ~ .. : ,.,~~~~ ,, ..,,..: ~ ~.bT~ eo~rc '.';.;.,,-"'_....r.':;.,~.,..' ' "'~: ';" ': :- ~'~,m~, .P4, ~ " ' ';";','" ' ' , · '. .:,.:.. .,,.,. ~ ~ .... :.',,,'. ~ l~dO~ l!~l= '. , :,, " ' ' ,: ": · .~ ~VA~ee~ .... ' ~." .c '"',:~ ' ,,'- · · '; . ..: ...., ' ~a~e ~n~ o~.ved ChL. :~ ...--.. ~.-~< .: ~., .:, ,.,,~... :. - :... : .../LFImageDisplay.exe?doc=8625 &page= 1 &fit= 1 &xlen=640&ylen= ! 000&xsource AGENDA ITEM No. /?/~ FEB 27 2001 Page 1 of 1 .../LFImageDisplay.exe?doc=8625&page=2&fit=l&xlen=640&ylen=1000&xsource=5 AGENDA ITEM No. /___~ ~ FEB ~7 2~1 EXECUTIVE SUMMARY APPROVE REPEAL OF COLLIER COUNTY ORDINANCE 75-9 THAT CALLED FOR A REFERENDUM TO ESTABLISH THE COLLIER COUNTY FIRE CONTROL DISTRICT ONE IN ITS ENTIRETY OBJECTIVE: The Budget Director desires to obtain Board approval for the repeal of the ordinance that called for a referendum to establish the Collier County Fire Control District One. CONSIDERATION: Ordinance No.75-9 was adopted by the Collier County Commission on February 18, 1975 to provide for a referendum that was to be held on March 25, 1975 to approve the provision of fire protection in the unincorporated portions of Collier County that had no fire protection. This service is no longer needed because fire protection is provided by Collier County with the ability to levy ad valorem taxes of one (1) mill. Although the Collier County Board of County Commissioners was designated as the governing body for this district, this entity does not function, has neither funding nor expenditures and needs to be terminated as an existing entity so that it may be removed as a budget item. FISCAL IMPACT: The repeal will .serve to simplify County budget preparation will permit the deletion of this matter as an existing ordinance. GROWTH MANAGEMENT: This is purely a budgetary item management Plan. and is not inconsistent with the County's Growth RECOMMENDATION: That the Board of County Commissioners approve the repeal of ordinance 75-9 in its entirety. Prepared by: J3cqu~line Hubbard Robinson ~ssistant County Attorney Date: Reviewed and Approved by: Michael Smykowski, Budget Director Date: Reviewed and Approved by: Thomas ~ff. 731if~,, county~a--ger Date: AGENDA ITEM No. /7/3 _ FEB 27 2001 Pg._ / ! ORDINANCE NO. 2001__ 2 ~ AN ORDINANCE REPEALING IN ITS ENTIRETY, 4 COLLIER COUNTY ORDINANCE NO. 75-9, THE 5 COLLIER COUNTY FIRE CONTROL DISTRICT ONE; 6 PROVIDING FOR INCLUSION IN CODE OF LAWS AND 7 ORDINANCES; PROVIDING FOR CONFLICT AND 8 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 WHEREAS, the Board of County Commissioners adopted Ordinance No. 75-9, that created the Collier 12 County Fire Control District One: and 13 WHEREAS, the Board of County Commissioners desires to terminate the Collier County Fire Control 14 District One. 15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 16 COLLIER COUNTY, FLORIDA that: 17 SECTION ONCE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 75-9. 18 Collier County Ordinance No. 75-9, is hereby repealed in its entirety. 19 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 20 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances 21 of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish 22 such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 23 SECTION THREE: CONFLICT AND SEVERABILITY 24 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 25 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or 26 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distincl and 27 ' independent provision and such holding shall not affect the validity of the remaining portion. 28 SECTION FOUR: EFFECTIVE DATE 29 This Ordinance shall be effective upon filing with the Florida Department of State. 30 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, 31 this __ day of ,2001. 32 ATTEST: BOARD OF COUNTY COMMISSIONERS · .: 33 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 34 35 36 37 38 39 40 41 42 43 45 46 47 48 BY: Attest as to Chairman's Signature only. Approved as to form and legal sufficiency: BY: James D. Carter, Ph.D., Chairman h:/ord]nances/jhr/Rcpeal-Fire Control D~smct One AGENDA ITEM No._./_LZe _ FEB 27 2001 Page I of 1 ~o~ud~g, but ~ ~i~ ~o ~I ~ ~o ~PF ~o ~ · ,' O~fi arid lA~a~iu'~mmLbLe ~ io~u& fLr~"h~s~6 lad ', 4 · -/L. ~~~_ispLav,e~ ~xe ?do~=8572&pgg~ =O&fit= 1 &xlen=640&vlen= 1000&xsource=2 AGENDA ITEM No.. /7~ FEB 27 2001 Page 1 of I .? .../LFImageDisplay .exe?doc=8572&page= 1 &fit= 1 &xlen=640&ylen= 1000&xsource=; AGENDA ITEM No,__/7# FEB 2 7 2001 Pg._ ,-/ Page 1 of I AGENDA ITEM No. / 2_~__ FEB 27 2001 Pg. ~ Page 1 of 1 LI~A',- DIIIO~,t~TXD~ ~ lllW ~01,T, IIR IW~W'I~ 1:1 ,KI ~IfIg, R, !:I~I;ZO~ fie, i d J~JJ ~JJ~ JJJ~J C~ ~JJ Jill Of JJJJ~ J? I~J JjjjJ~ AGENDAITEM No, /? g FEB 27 2001 .../LFImageDisplay.exe?doc=8572&page=3&fit= 1 &xlen=640&ylen= 1000&xsource=26~S'~,,l/11/2001 Page 1 of I ~nl ~ itll/ais- III l~ !1 4~IPig I~ Illl~In 1, ~lGlkl1 JZ I~, d J AGENDA ITEM No._.l_~. ~ FEB 27 2001 EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT A SETTLEMENT PROPOSAL IN THE CASE OF WALDEN OAKS OF NAPLES HOMEOWNERS ASSOCIATION, INC., ET AL vs. COLLIER COUNTY and BIC'S INVESTMENT CORPORATION, CASE NO. 98-2540-CA and CASE NO.98-3135-CA PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT, COLLIER COUNTY, FLORIDA OBJECTIVE: FOR THE BOARD TO CONSIDER AND APPROVE A SETTLEMENT PROPOSAL BETWEEN THE PLAINTIFFS AND THE DEFENDANTS, IN THE CASE ENTITLED Walden Oaks of Naples Homeowners Association, Inc., et. al rs. Collier County and Bic's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA. These cases are pending in the Circuit Court in and for Collier County, Florida. There are no monetary considerations as to this proposed settlement. The Memorandum of Settlement between the parties outlines the terms and conditions of the proposed settlement. The primary focus of the Memorandum of Settlement are planning considerations as they relate to the Princess park PUD Ordinances, Collier County Ordinances 84-34 and 90-53. CONSIDERATIONS: On July 16, 1998, and September 3, 1998, the above named plaintiffs filed two separate actions in circuit court against Collier County and Bids Investment Corporation requesting judicial review of decisions made by the Planning Services Director and Collier County Planning Commission [CCPC], which decisions determined that certain changes and additions to uses to those outlined in the Princess Park PUD Ordinances did not constitute substantial changes to either the PUD or the PUD Master Plan. Pursuant to direction of the circuit court, the parties entered into mediation in efforts to resolve the disputed issues without further judicial review. After detailed good faith intensive mediation and negotiation sessions, the parties agreed upon an outline of a settlement of both cases. The terms and conditions of the settlement were incorporated into the attached Memorandum of Settlement, which was then circulated to all parties for both execution of the Memorandum and the initialing and attaching of necessary and referenced exhibits and attachments. To summarize the salient terms of the Memorandum of Settlement: In addition to the requirements of the Collier County Land Development Code ("LDC"), Collier County Ordinance 84-34 and 90-53 (the Princess Park PUD Ordinances) and Collier County Planning Commission ("CCPC") Resolution #98-26, the following shall apply as to Princess Park: 1. There will be no exterior audio (sound) systems installed or utilized at -1- AOENDA I~ NO. I~1 FEB 2 7 2001 pg. the Park and there will be no outdoor music or speakers. o There will be no increase in the intensity of the exterior lighting of or at the Park from that existing on April 30, 1999 which is represented by the pictures attached as Composite Exhibit "B" to the Memorandum of Settlement. Bids will promptly install, beginning on a date no less than sixty (60) days after the Effective Date of the Memorandum, an Alternative "B" landscape buffer (and accompanying automatic irrigation system(s)) prepared, reviev ed and approved in accordance with the LDC, along the areas indicated on Exhibit "D" to the Memorandum and installation shall be complete no later than ninety (90) days after the Effective Date. The current roller coaster which is called by the manufacturer name, The Dragon Wheel, which is approximately eighteen feet (18') high; one hundred twenty feet (120') long and forty feet (40') wide, will be maintained at its current location, as depicted on Exhibit "D" to the Memorandum, and any replacement ride therefor shall be of a height, size, type, character and scale no greater than said current roller coaster and that pursuant to the manufacturer's specifications is to be used by person(s) ages 2 through 8. A) East of the line denoted as the "demarcation line" on the Exhibit "C" to the Memorandum, there currently exists the rides and/or uses as noted thereon. East of the "demarcation line", there will be no changes or alterations to the type of rides or facilities, nor shall there be any additions to the current existing rides or facilities depicted on said Exhibit "C" to the Memorandum. B) West of the above-noted "demarcation line" Bic's (subject to County approval) may install one additional "kiddie ride", i.e. a ride that pursuant to the manufacturer's specifications is to be used by persons ages 2 years through 8 years, and of a height not to exceed seventeen feet (17') above current grade which will be established by Bic's prior to any construction or moving of soil; for which the plaintiffs agree not to contest its approval by the County. Bids may install and operate a "kiddie water play area", at the location depicted and denoted as such on Exhibit "C" to the memorandum, said "kiddie water play area" identified as the interactive Water Play System Model 245, covering an approximate AGEN FEB 2 7 2001 area of 32' x 34.4'; not to exceed seventeen feet (17') in height above the current grade which will be established by Bids prior to any constrL,,clion or moving of soil. Bids will not install, construct, operate or add any additional rides or amusement facilities without the plaintiff's consent beyond those described herein without Bids having previously applied to Collier County for the approval of the Board of County Commissioners of the County of an amendment to the Princess Park PUD Master Plan as a substantial change to the Princess Park PUD Master Plan. Bids shall, not less than 15 days pri( ,~ to submittal of any application to the County, provide the plaintiffs with one (1) complete set of said submittal. o Bids will not install, construct or operate the waterslide approved as part of PDI-98-2 and CCPC Resolution #98-26. As the actions outlined in the Memorandum of Settlement constitute the resolution of issues involving land development regulations, the Memorandum of Settlement must be reviewed by the Planning Commission at a duly advertised public hearing, and thereafter at a duly advertised meeting of the Board of County Commissioners of Collier County. The Planning Services Director and the Office of the County Attorney are recommending that the above described Memorandum of Settlement be accepted and approved by the Board and recommend that the Planning Commission forward the Memorandum of Settlement to the Board of County Commissioners with a recommendation of approval. Staff has been advised that two of the original parties to the litigation, Mr. Kenvin and Sylvia Blum, no longer own property in the Walden Oaks community. This item was heard and considered by the Planning Commission at it's regular meeting of February 15, 2001, and was unanimously recommended for approval, with two minor modifications, which modifications were accepted by the parties. The modifications are: 1) the releases referenced in Paragraph 10 will in no way abrogate the County's police powers; and 2) paragraph 15 will be revised to reflect that each party will bear its own fees in any proceedings to enforce the Memorandum of Settlement. No one from the public spoke to this item. FISCAL IMPACT: Approval of the Memorandum of Settlement as such has no fiscal impact on the County. Settlement of this litigation results in no further litigation costs or expenses being incurred in this matter. GROWTH MANAGEMENT IMPACT: None. -3- FEB 2 7 2001 ENVIRONMENTAL ISSUES: None. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. RECOMMENDATION: That the attached Memorandum of Settlement be accepted and approved by the Board of County Commissioners, as modified, approval of which would settle both lawsuits pursuant to the terms outlined therein, and to have the Board of County Commissioners authorize the Chairman to thereafter execute the Memorandum of Settlement. PREPARED BY: Marjori~M. S{-udent, '- Assistant County Attorney REVIEWED BY: DATE Rol~rt Mulhere, A~, Planning Services Director /Susan Murray, Chief Planner APPROVED BY: David C. WeigeT,, ~,ount~Attorney Collier County Attorney Office DATE DATE DATE Jol~ M. Dur{n~Jck i11, Interim Administrator Co~hmunity Development and Environmental Services Division DATE FEB 2 7 20111 pg._ J..[L _ MEMORANDUM OF SETTLEMENT CONTINGENT UPON BOARD OF COUNTY COMMISSIONERS APPROVAL AT AN ADX,'%RTISED PUBLIC HEARING This Memorandum of Settlement (hereinafter referred to as "Memorandum") entered into as of this day of , , by and between the following parties: WALDEN OAKS OF NAPLES HOMEOWNERS ASSOCIATION, ~NC., a Florida not-for-profit corporation (hereinafter "Walden Oaks"); HUNTINGTON HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter "Huntington"); BARRINGTON CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter "Barrington"); ALAN SMALL, individually (hereinafter "Small"); N. PAUL SAN FILIPPO, individually (hereinafter "San Filippo"); SYLVIA BLUM, individually (hereinafter "Blum"); FRED KENVIN, individually (hereinafter"Kenvin"); and PIERRE GRAU, individually (hereinafter "Grau"); all of said parties hereinafter referred to as "Residents"; and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (and its planning commission, the Collier County Planning Commission), hereinafter referred to as the "County"; and BIC'S INVESTMENT CORPORATION, a Florida corporation, its successors, assigns, agents, affiliates and subsidiaries and any of its grantee(s) as to the property described on Exhibit "A" herein, all hereinafter collectively referred to as "Bic's". WHEREAS, Bic's is the owner in fee simple of the real property described on Exhibit "A", which real property and improvements thereon are known as King Richard's Park (the "Park" and may also hereinafter be referred to as the "subject property"); and WHEREAS, the Residents, the County and Bic's are all parties to that certain litigation currently pending in the Circuit Court in and for Collier County, Florida in the following numbered cases: Case #98-2540-CA and Case #98-3135-CA; all of such actions being collectively referred to as the "Litigation"; and WHEREAS, all of the parties have negotiated in good faith in two (2) half day sessions of intensive mediation proceedings followed by teleconferences in an attempt to Walden\Writ\Sett-Agr-Red Rev. 7-30-99 obtain a resolution of the Litigation in a fashion that would recognize the desires of the various parties and obtain a resolution of the Litigation; and WHEREAS, during the course of said mediation proceedings the parties have come to a better understanding of the concerns and needs of the other paxties; and WHEREAS, the parties have resolved the outstanding issues outlined inthe Litigation and have entered into this Memorandum to memorialize the agreements entered into among the parties during the mediation proceedings. WIThESSETH NOW THEREFORE, for and in consideration of the premises, the obligations, terms, conditions and covenants contained herein, the parties hereby agree as follows: The Parties will postpone all activities concerning the Litigation pending completion of the terms of this Memorandum. 2. The Parties covenant and agree to the following as to King Richard's Park: 1) B ic's will promptly obtain the consent and joinder to this Memorandum ofany person or party holding, owning or possessing any interest in the subject property including any holders of any mortgage. As of this date, Bic's warrants and represents that it is the sole owner in fee simple title of the real property described on Exhibit "A" and that the only mortgages and/or encumbrances are those as listed on the attached Exhibit "A-2". 2) In addition to the requirements of the Collier County Land Development Code CLDC"), Collier County Ordinance 84-34 and 90-53 (the Princess Park PUD Ordinances) and Collier County Planning Commission CCCPC") Resolution ~8-26, the following shall apply as to the Park and the subject property: 1) There will be' no exterior audio (sound) systems installed or utilized at the Park and there will be no outdoor music or speakers. 2) There will be no increase in the intensity of the exterior lighting of or at the Park from that existing on April 30, 1999 which is represented by the pictures attached as Composite Exhibit "B" hereto. 3) Bic's will promptly install, beginning on a date no less than sixty (60) days after the Effective Date of this Memorandum, an Alternative "B" landscape buffer (and accompanying automatic irrigation system(s)) prepared, reviewed Walden\WritkSett:Agr-Red Rev. 7-30-99 A~.NDA ~ NO. t ~ FEB 2 7 2001 age 2 of 9 s) 4) 5) 6) Bic's will promptly install, beginning on a date no less than sixty (60) days after the Effective Date of this Memorandum, an Alternative "B" landscape buffer (and accompanying automatic irrigation system(s)) prepared, reviewed and approved,in accordance with the LDC, along the area indicated on Exhibit "J~. Installation shall be complete no later than ninety (90) days after the Effective Date. The current roller coaster which is called by the manufacturer name, The Dragon Wheel, which is approxknately eighteen feet (18') higl~ one hundred twenty feet (lZ0') long and forty feet (40') wide, will-b.,~ maintained at its current location, as depicted on attached Exhibit"~',~ and any replacement ride therefor shall be of a height, size, tylSe,"'q~-~ ,~ character and scale no greater than said current roller coaster and t[a't pursuant to the manufacturer's specifications is to be used by person(s) ages 2 through 8. A) East of the line denoted as the "demarcation line" on the attached Exhibit "C", there currently exists the fides and/or uses as noted thereon. East of the "demarcation line", there will be no changes or alterations to the type of fides or facilities, nor shall there be any additions to the current existing fides or facilities depicted on said Exhibit "C". B) West of the above-noted "demarcation line" Bic's (subject to County approval) may install one ,additional "kiddie ride", i.e. a fide that pursuant to the manufacturer s specifications is to be used by persons ages 2 years through 8 years, and of a height not to exceed seventeen feet (1) above current grade which will be establishedlb · o B,cs prior to any construction or moving of soil; for which ~Ye Residents agree not to contest its approval by the County. Bic's may install and operate a "kiddie water play area , ,a,t the location depicted and den9ted as such on the attached Exhibit "C ', said "kiddie water play area"~denfified ~ attached Exhibit "D"~, covering an approximate area of 32' x 34.4'; not to exceed seventeen feet (17') in height above the current grade which will be established by Bics prior to any construction or moving of soil. Walden\Writ\Sett-Agr-Red Rev. 7-30-99 AGENDA ITEM NO. 7) Bic's will not install, construct, operate or add any additional rides or amusement facilities without the Residents' consent beyond those described herein without Bic's having previously applied to Collier County for the approval of the Board of County Commissioners of the County of an amendment to the Princess Park PUD Master Plan as a substantial change to the Princess Park PUD Master Plan. Bic's shall, not less than 15 days prior to submittal of any application to the County, provide Residents with one (1) complete set of said submittal. s) Bic's will not install, construct or operate the waterslide approved as part of PDI-98-2 and CCPC Resolution #98-26. 9) Upon approval of this Memorandum of Settlement by the Collier County Planning Commission and the Board of County Commissioners of the County and the completion of the installation of the landscaping as required above herein, the parties will file a stipulation for dismissal with prejudice of the Litigation. 10) Upon dismissal of the Litigation, each party shall execute and deliver to each other party a general release from and against any claims, actions or liability in connection with the Litigation. This Agreement is binding upon the heirs, successors and personal representatives, and assigns of the parties hereto, and any party acquiring any interest in the King Richard's Park. 12) This Settlement Agreement is subject to approval by the Collier County Planning Commission at its next available meeting date and approval by the Board of County Commissioners of the County and will be considered at the next available County Commission meeting date, subject to any legal advertising requirements. However, nothing in this Settlement Agreement is intended to nor shall be interpreted to abrogate the County's police powers and authority. Each of the parties will pay a pro-rata share of the mediator's fees, i.e. Residents one-third, County one-third and Bic's one-third. 14) Each of the parties shall bear their own attorneys fees and costs. Walden\Writ\Sett-Agr-Red Rev. 7-30-99 I~tge ~4 or ~ -- FEB 2 7 2001 15) The terms of this Memorandum of Settlement may be enforced by appropriate proceedings in the State Court of appropriate jurisdiction in Collier County, Florida and the prevailing party therein shall be awarded its costs, expenses and fees including but not limited to reasonable attorneys fees· WALDEN OAKS OF NAPLES HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit Corporation Print Name:~"~ C~f~ ~ E c~.4 ~ a-~ Title:'~ (~< · Print Name: ~r~c~l~ C_,r) 1 I J'NS Print Name: HUNTINGTON HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit Corporation Walden\Writ\Sett-Agr-Red Rev. 7-30-99 ACaENDA_II:]EM NO. ,, t -i ~L..~ -Print Name: C~'¢~n~a, C~ 11; n ~ BARRINGTON CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation By:/ Print Name: By: Alan Small, Individually Print Name: Print Name: P'~Ce.'~q ~,0 {I [ ft6 Print Name: 'N l~at~S a~Fi~'-ipy~dually Print Name: By: Sylvia Blum, Individually Print Name: Walden\Writ\Sett-Agr-Red Rev. 7-30-99 AGENDA.13'EM, NO. ~'l ~'~ FEB ?~e Print Name: By:, Fred Kenvin, Individually Print Name: P'rLnt Namet : Print Name: By: ei~ 6~ue~ inamed as Orau), Individually Walden\Writ\Sett-Agr-Red Rev. 7-30-99 AOENDAITEM t'age-/ot 9 FEB 2 7 2001 Pg. I~ ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk By:, lAMES D. CARTER, Phd., CHAIRMAN Approved as to form and legal sufficiency: Assistant County Attorney ATTEST: Joh~ Dunnuck, -Interim Administrator Cohununity Development and Environmental Services Approved as to form and legal sufficiency: · Assistant County Attorney COLLIER COUNTY PLANNING PLANNING COMMISSION Walden\Wri6Sett-Agr-Red Rev. 7-30-99 AGENDA ITEM ,.., FEB 2 ? 2001 Print Name: BIC'S INVESTMENT ~_~~ORATION, a fion (,..P rf~t Name: Print Name: Walden\Writ\Sett-Agr-Red Rev. 7-30-99 AC-iENDA ITEM FEB 2 7 2001 1'H15 WARRANTY DEED. made Ihe 7lb dly Of Memh, 1997, bl' Wtslbury Pr0p(nits, Inc,. · ]:lorld, coq~raslon. ('Gramor'). io Dic:s Inve.llment Co~rifion, i ~or~ cO~rll~fi, wh~c ~1 e~lcc ~rc. is 67~0 Alan Kn=d, Flailall ~4 I~ .ca~rl[~m) WITHESSETI{: T~( ~h~ G,inlet, ~ar al~ in con~era:~n el ~hc ~um of T~ Dollars (SI0.~) a~ olher Ylluible ~nlideralio~, leetip( of which Is h~rrby ackaowl~&~, ht~cb~ fnma. ~lls. allcm. (cmi~. teleaRs, conveys Nnd canfinm urea Ihc Gramre, all Ihlt ceniln I1~ ~ilul[~ Coltier Coun[y. FIo~idl. ~EE EXH~OIT 'A' A~ACHED H~RETO, MAD~ A FART H~REOF AND INCOR.RATeD HEREIH BY THIS REFERENCE. T~ETHER wid~ ill t]~ Irnemcms. holedbimetal and appurtcniKce Ihe~o ~long Or in antwise TO HAVE. AHD TO HOLD. Ihe Jame in fee ~imple rot/11~J. Tel<fiction, m~d ill ~]ler mailers of record: Ind [iX.l Iqd Illlllmlntl [Ir 1}96 IN WITNF~S WHEREOF, O~.lnr ha~ Si~llL~ ar~ ~calcd IIKsc preseNs i~ day I~ year Signed. SctloJ and O,~livcfcd as to Each Grinlot ;n Presence of: 27 2001 NOTAKY/PUBL,[C 27 LF..C At, O~.SCRIPT~ON . T~ North I/2 o1' the $~h I/2 or Ilic $W 1/4 of ihe $W 114 of Section I, Tawn~hip 49 South. Ranic 2S ~sl, Collier C~nty, Florida. less [he West !~ feet ~he~of, p~v~ufiy tese~ for ~md ~lht~-w~y pu~oscs, EXHIBIT NOi FEE} 2 2001 2160713 ,ORi. 22961 : 2001 {Sl!.ll 3lll.II ____(spKe IboY~ Ibis tim, for rteordlnJ (~t,). THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAl. PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATUl[ITY IS $8{7,103.12. TOOETHEK WITH ACeRUleD INTEl[! ST. [F ANY, AND ALL ADVANCEMENTS MADe BY TH6 MORTGAOEIi UNDER THE TERMS OF THIS iAORTGAGE. THIS MORTGAGE Is made u or this ?lb day of MareS, Ig97, I~ween the M~lffeGar, B~', Inves~.t he. In 'egOlille'), ~ f~ ~o~i~gtc, W.lbuQ Pro~.iel. Ira., ~ ~ ~radon. w~e~ ~dr~ h 1]~ Burleak Drive, Fifit Flor, BuHinimn, OmaHa LTL 602, (~rcln 'Manialee'). WHEREAS, MortEaBor l. IndHxed to MorTgagee in dee ptlltclpiI sum of ONP MILLION AND NOII00TH DOLLARS ($ 1.000,OO0.00J which indtbledllcss is evidenced by MorlisJor'l Proml$,nry Hmc 1o Mo~glge¢ dslcd or even date herewhh (ihe 'No~c"), which Nm¢ i, Finally due and payable on Marcia 7. which Nmc ere by titis reference incorporated h¢¢rln. A true copy Oi'lhe NOlO WHEREAS, to Keure to MOnlag~ (I) ,he rcpeymenl of the In~ebtedde,s evidenced by iracrest ther~n. and any renewlb. exlensior~ or modiFK:aciuf~ to Ihc Hole, Ind the performance of Ihe cayennes and treemums or Mo.iqor herein carnalned, (b) the payment Grail mher aun., wid~ Imor.~ In Reardance herewit~ Io pro~cc[ I~ lecurh~ or thh MarIpSc, (c) t~ pt~ m~cf charnel, Ilabllk[~, obli~aLiO~ a~ In~bted~s~ or U~llqOr la ar ~or the ~:~fil o~ Monpl~. whoever :rhinl. in co~;~n with the Ho(e or otherwise, i~ any rene~h, e~tenl~m or lhe perFo~:~e or the ~vcn~nlS o~ Madeliar c~ntained ~rela (~ Ihroulll d a~v¢ are l~lJm~ hefeiMfier m!lectlyely rcfe.~ to aS (l~c 'Secured I~nell'): Morlllgor does ~reby Mortgagee Ihe followinl d(scrjb~ pro~.y I~a[~ in the Catty of Collier, ~lltC SEE EXHIBIT "B' ATTACHED leERETa & MADE A PART HER£OF. TOGETH6R whh all buildinl~. ,tmciur.. ~nd other improYem~n. now m hcrcefier crccled on the properly,.lll materials delivered to the properly for the USe loci operaIon Of said property or for use in any coll~l~ac~iofi b~inl~ conducted Ihereon and OWned by ~or~gaBor, and all easerhemS, :,ohio{ verinnce~. $crviludel. prlvile~tts, appurtenances. riperInn tiehis, right~, ~ppu.enanccs. tunis, toytides, prol",~, revenue, Income, mlntral. oil and l-- rilhts and protics. w~ner. ,~,a,ct rioS.s, a.d walcr slo~:k. n~w or hercarter relaci.l in any nim~e. r m ihc property. and includin~ all riGhis or hi[,,,rcs.,~ and et&rcs.l [o and fearn ~d.joinlnG prop~.y (whether such rillxs exist of subseqUeoliy nrise); IngotJet whJl Jill mo~:llhtery. apparatus, equ[pmcnl, htYemol"y, K¢OUIlII proceeds duc under any sah:s coolreels at dcl~.,ails nr tie/its with i'~J[~:cl io .l~ rOlllracts. utility h~ol:-~ w~ Ind actor eS[cns~ons, ~ntcrjn( roadway. cumrncl fiGhis, ill .n~l~le &mS htl~glble pcnon~l nec~hary fator gsed in conncclkm with lite pralYfiy u[ fcictoil Io Ihc prowmy, all cans[n, ctkm telsic%I Morllllor'$ rJlhl~ Jn ~he ~mc n[ (Jm developnero fir anyL r. linl~, F~lur~. v~c(her ~!1)' ar a.~ m iald P~r, ~w Or hercoEur I~a~cd in. u~er or u~n said pf~y: a~ ~1 ~i~. IW a~(oYatS ~sa~ Io u~r]lc Ihc ~rovumums: and Mon&ae~'s comrac~ rJ~hl~ in all ~w~ c~s ~ ~ m any a~ ~11 I~scs of IIIc pro.eli'. or any pan ~hef~f. heteo~orc ~ ~ ~ ~e. ~ ~m~l darter, lOgfiber will12ny a~ all 8unraniccs i~reo[ a~ imLudinl dl pr~ ~ W ~ of pay~u, includjB8 inlcrcs~ dJcrc0n. and I)~ fight Io receive [~ ~, ~ a rouh ,K ~ ~ ~ ~.~ of ~m do~i~ Or ~ny ocher I~]lqr~ la, mkit~g of or Occte~jn~ i~ vll~ of. I~ ~t~)', m ~ ~ a~s which m~y ~ secured by this Mortgn~ :t the dale Of the r~ci~ ~( ~y ~ I~ ~ ~ EXHIBIT "A-2" NO. FEB 2 2001 OR: 2296 PO: 2013 S I,Q00,nQQ.00 (~O~Y Iqlpl,~. Florid, M~rc~ 7. Ig~/ ~K VALUE ~.ECEIVE-D, Bic'~ In've~lmeni Coq~rmiofi. i FIoHdq ~rl~n (t~ 'Borrower'). protulsa (o p~y m q~ order o~ W~ Pmp~ni~. [~.. ~ ~orida ~doq fi~ '~er'). ~ h~ o~n h~ms of pri~ipll ~ i~c~st ~hlll ~ mzde In the minntr ~ fo~h ~1ow, ~t me or Im~r~('m ~11c4 ~ ~ a~m fif inm~ to ~ p3JU on the ou~t~in~ hla~e of pdncipol ~c~ h~by ~11 c~l~!s~cd on in luu~rd year o~ 3~ days for the numar or da~ KIu~Ily clioed. n~t to e~cc~, ~wcv~r, ~er ~gr~s Io pa~ Io Leader cve:t monlhly p,y~m~ o[ Ten ~ S~Yen Hu~r~ Fofiy.slL Hvcmh dly or eYc~ mofid~ co~ne~cing April 7, I~? p~ c~inuing umll maturily on March ?, ~2. w~ ~m:~inl pri~ipzl Ihall ~ due :nd p~ybbic by Borrower Io ~er. Iou~r wiLh All ucc~ ~ ~p~i~l im~l. ~cc~ ipereu !o ~he d~le or such prcp~ymen~ on pny am~nl pepcid. Borrow~r'~ rallu~ io p~y any B~fi[ duc. I. This Promissory Note I'Nolc') is referred IO as Ihc 'Not~' in the Monplc. 3~r~y Alree~m agmc~m, calllleral Usiln~nls, Jnd ~[I other d~umgnl~ or ;gr~mcm. c~mcd in co~tlgn Wilh Ihe o~ cr~jl eYId~ed by dds Hme, This Hme Is. whhout limiTIda. s~r~ by a~ ~nlkT~ lo I~ ~mr~s or M~ple, ~ ~ IOIA ~greemen(. iuaf3nly, colhler*J e~siln~. I~urlly aE~mem, cO.iTem I~ter in~ ~ iii a[hcr jnsl~ments, ~ireemrnls or d~umen(s ex~uled In con.calan ~[h thj~ Hme or in c~n my other ~lll.[ions or ~rrower m render ('Obl{11([0411*). kl ~lcd ~ln. 'Oblilefiom' ihlll incl~c thi~ And III al~er obli~41J~. li~bilhies or i~c~ed~sl or every k[~ or ~ny p*~ Io ~hl, H~e Ifi whlleYer IO le~cr. whel~r direel Or IMJr~[. absolu(e or canalnitre. due or to ~c~ d~e. or pow or hereafire coillien1 issil~n(. security agree~m a~ ~ny oth~ lgree~ml or d~nt3 ~I~VE~ In com~iofi wiih ~curjng Or rflltinl to Litis Hole or olhcr exlcnsiofis 0f cecil from le~er to Borrower, or an~ exlensiom Tenewals Ihereor, ~re cQIIKr~Ycly rcrcrr~ ~Q herein ~l Ihc '5ccudly D~ments.' 2, Barrower, any I~er~cr h~renr,. any o(her p3rLy ~rcm (collecTively '~lJ~o~') ~ each e~elera~On or A1al~rhy, prulc~l. ~lke ur pr~.vs~ and [l,)liCC of nmpaymcnl. node~ or dlsho~r..~ an~ nolice re. ired Io ~ 8~ven u~cT lhc i3w m =d)' .( Obli~ars, in co~ficc[Jon Wldl the deliver. D~u~nls~ (JJ) cens~clsl m ~m' u~ :,11 dul:~).~. cuvftlloqs, renewals of mhcr t1~illcllJons o[ thil Nine or Se~rl~7 ~U~L~. or wilyors ofuny tcritl IlVft~l~o~ ~fchc 5~c~rhy DOCtlmrm3. of release or allschiSt b)- Icier I~t~ (wh~q notie~ m or furrier 3~sun: from )ny or Obligors) ,rid ~lrC~S] Iha~ ~ such icdon. bilurc (o p~y, mt demand. all COAls and cxpcu.~s n~ cdl',cclJon or ii~is Note nr of ~ny Jndor~c~m of guqTaniy her~f prmccllan or, or rcoll~llon upn~, any pearly s~utln~ ~)~tem hereof. includinl, wis~us llmilnsion. Teuonable ][Iorney's ~ces. i.cluding tees ~r tp~ll~le wurk. EXHIBITA AGEN[ NO. FEB 7 2001 MORTG^G~D PROPERTY Section I, Tow~hip 49 Soulb. Ran~e 2~ ERll. Collier Co~nw. Florida, legs Ihe Wc~l I00 ~'cct thereof. prev;ously r,'servcd for road ri~ht-ur. wsy p~rposes. EXHII]IT ' B ' ? 2001 EXHIBIT "B" AGENDA I~ FEB 2 7 2001 pg. '2.,~ ' EXHIBIT "B" A~DA ITEM NO. ~ FEB 2 7 2001 pg. ~...'.~ il A~A ITEM ..... NO. ~ ,FEB 2 7 2001 1== FEB 2 7 2001 ' / { \ I ,,(,. NO.- FEB 2 7 2001