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Agenda 03/27/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 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 PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY 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 - Reverend Susan Diamond, First Christian Church PLEDGE OF ALLEGIANCE ! March 27, 2001 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENTAGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. February 27, 2001 Regular Meeting B. March 2, 2001 Transportation Workshop C. March 7, 2001 TDC Workshop 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the month of April 2001 as "Conservancy Volunteer Month". To be accepted by Ms. Kathy Prosser, President and CEO of The Conservancy of Southwest Florida. 2) Proclamation recognizing the Collier County Stormwater Department by the South Florida Water Management District as the recipient of a $49,000 funding award. To be accepted by John Boldt, Director of Stormwater Management. 3) Proclamation proclaiming April 4, 2001 as "KICK BUTTS DAY" in Collier County. To be accepted by: Mr. Bob Troesch - "Students Working Against Tobacco". 4) Proclamation proclaiming March 30, 2001 as "Cleveland Clinic Florida Hospital-Naples Grand Opening Day". To be accepted by Mr. Fielding Epstein, Administrator, Cleveland Clinic Florida Hospital-Naples. B. SERVICE AWARDS Five Year Attendees: 1) Reuben Marquez, Road and Bridge 2) Guy Hall, Domestic Animal Services 3) Bret Popma, Parks and Recreation 4) Marilyn Griffin, Parks and Recreation Ten Year Attendees: 2 March 27, 2001 Sm 1) David Fitts, Wastewater Fifteen Year Attendees: 1) Steve Ritter, Transportation 2) James Capps, Transportation C. PRESENTATIONS 1) Recommendation to recognize Robert DeCamp, Program Supervisor, Parks and Recreation Department, as Employee of the Month for March 2001. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Adopt Resolution opposing House Bill 949 and any other Legislation proposed to rescind the eminent domain authority of Collier County or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. 2) Petition recommendation to approve commercial excavation Permit No. AR-444 "Creative Homes III Commercial Excavation" located in Section 16, Township 48 South, Range 27 East, bounded on the north by vacant lot, on the south by 35th Avenue N.W. right-of-way, on the west by vacant lot, and on the east by vacant lot. B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES 1) Review staff's progress report on the negotiations with Waste Management, Inc. (WMI) and Immokalee Disposal Company (IDC), and select the Board's preferred options, and then authorize staff to complete the negotiations with WMI and IDC. 2) Update to the Board of County Commissioners on the capacity issues with the North County Water Reclamation facility. D. PUBLIC SERVICES E. SUPPORT SERVICES F. EMERGENCY SERVICES 3 March 27, 2001 G. COUNTY MANAGER 1) THIS ITEM CONTINUED FROM 3/14101 BCC MEETING. Review of the written and oral report of the BayshorelAvalon Beautification MSTU Advisory Committee. H. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT - THESE ITEMS TO BE HEARD AT THE CONCLUSION OF THE REGULAR AGENDA Report on status of settlement negotiations in Collier County v. Marshall, Case No. 99-2009-CA-TB, pending in the Twentieth Judicial Circuit Court (prescriptive easement claim for Miller Boulevard Extension) and request for Board direction. Request for Board direction regarding Section 163.3215, FLA. Stat., verified complaint from Vanderbilt Shores Condominium Association, Inc., Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and Bay Association, Inc., challenging the County's approval of SDP- 2000-108 for the Vanderbilt Beachcomber Resort as inconsistent with the County's Comprehensive Plan. Recommendation, pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorize the office of the County Attorney and the Risk Management Department to retain outside counsel to represent an individual County employee sued in Ricketts v. Collier County, Case No. 2:01-CV-76-FTM-29DNF, United States District Court for the Middle District of Florida, and waive the purchasing policy to the extent it applies to the selection of outside counsel. Closed attorney-client session pursuant to Section 286.011(8), Fla. Stat., to discuss settlement negotiations and/or strategy related to litigation expenditures in Kimberly D. Dalton v. Isle of Capri Fire and Rescue District, a division of Collier County, a local county government, Case No. 99-534-ClV- FTM-29DNF, pending in the U.S. District Court, Middle District, Fort Myers Division. E. THIS IS COMPANION ITEM TO ITEM 9.D TO BE HEARD IMMEDIATELY AFTER ITEM 9.D. Request for Board direction regarding settlement negotiations and litigation expenditures in the case of Kimberly D. Dalton v. Isle of Capri Fire and Rescue District, a division of Collier County, Case No. 99-634-ClV-FTM- 29DNF, pending in the United States District Court for the Middle District of Florida. Closed attorney-client session pursuant to Section 286.011(8), Fla. Stat., to discuss settlement negotiations and/or strategy related to litigation expenditures in Maxie D. Holmes v. Collier County, a political subdivision of 4 March 27, 2001 the State of Florida, Case No. 2:00-CV-262-FTM-24D, pending in the U.S. District Court, Middle District, Fort Myers Division. G. THIS IS COMPANION ITEM TO ITEM 9.F TO BE HEARD IMMEDIATELY AFTER ITEM 9.F. Request for Board direction regarding settlement negotiations and litigation expenditures in the case of Maxie D. Holmes v. Collier County, a political subdivision of the State of Florida, Case No. 2:00-CV-262-FTM-24D, pending in the United States District Court for the Middle District of Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Health Facilities Authority. B. Discussion regarding shellfish farming in Everglades City. Commissioner Coletta. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY 1) THIS ITEM TO BE HEARD AT 1:00 P.M. Recommendation that the Community Redevelopment Agency Board approve a resolution adopting bylaws for the CRA and the local redevelopment advisory boards; appoint the Immokalee Enterprise Zone Development Agency as the local redevelopment advisory board for Immokalee; direct staff to advertise positions for the Bayshore/Gateway Triangle Local Advisory Board to be appointed by the CRA at a future meeting; and to elect a new Vice- Chairperson. C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 5 March 27,2001 B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMEHT & ENVIRONMENTAL SERVICES t) Execute satisfaction of lien established upon recording reducing fine/lien in Collier County v. Homer Betancourt. of an order 2) Request that the Board approve a resolution providing for the establishment of an Advisory Committee to provide input and assist staff with the restudy of The Golden Gate Area Master Plan. Petition CARNY-2001-AR-441, Peggy Ruby, Collier County Parks and Recreation Department, requesting permit to conduct a carnival (Country Jamboree) from April 6 through 7, 2001, on County-owned property at the Vineyards Community Park site located on Arbor Boulevard. 4) Request to approve for recording the final plat of "Cedar Hammock Unit Three" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. s) Request that the Board of County Commissioners approve an additional Senior Planner position in the Comprehensive Planning Section, Planning Services Department, and the accompanying amendment to the adopted FY 01 County Budget. 6) 7) Execute Satisfaction of Lien arising out of order imposing fine/lien in Code Enforcement Board case entitled Collier County v. William E. and Beverly M. Murphy. Request to approve for recording the final plat of "Naples Elks Lodge #2010". 6 March 27, 2001 8) Request to approve for :ecording the final plat of "Tre Tierra" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. s) Request to approve for recording the final plat of "Valencia Lakes Phase 1- A" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10) Final acceptance of water utility facilities for Glen Eagle cart barn. 11) Request to approve for recording the final plat of "Briarwood Unit Seven". 12) Request to approve for recording the final plat of "Briarwood Unit Nine" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 13) Request to approve for recording the final plat of "Briarwood Unit Ten" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 14) THIS ITEM WAS CONTINUED FROM THE MARCH 13t 2001 MEETING. Request to approve for recording the final plat of "Jubilation" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. B. TRANSPORTATION SERVICES 1) Approve funding of four new vehicles within the Transportation Services Division and approve budget amendments to transfer funds for the new vehicles. 2) Accept access and maintenance easements from the Fountains Condominiums that will facilitate the County in maintaining an existing drainage easement north of Rattlesnake-Hammock Road. 3) Approve committee ranking of firms for contract negotiations for Professional Engineering Services for Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24. 7 March 27, 2001 4) Approve a policy allowing County employees to purchase monthly bus passes through payroll deduction and that the County provide a 50% match as an employee benefit. C. PUBLIC UTILITIES 1) Approve Work Order PUED-MS-29 to Mitchell & Stark Construction Company, Inc. for Royal Palm Irrigation Pump Station Improvements, Contract 00-3087, Project 73916. 2) Approve re-appropriation budget amendments for the North County Regional Water Treatment Plant chemical feed piping replacement; Project 70890. 3) Accept a utility easement from Imperial Golf Club, Inc. that will facilitate the County in upgrading and improving an existing reclaimed water main, Project 74015. 4) Approve budget amendment to recognize transfer of monies from Fund 001 - Parks and Recreation to Fund 195. D. PUBLIC SERVICES 1) Award of Bid 00-3198 to Leo's Sod to renovate the ball fields at Golden Gate Community Park. 2) Authorize the Collier County Public Library to submit an application for a Library Services and Technology Act Grant, and authorize the Chairman of the BCC to sign certification for the grant. 3) Approve a purchase agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. 4) Approve one easement agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. s) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified County-owned property for conducting a July 4t~ Fireworks Festival. 6) Authorization to combine two part-time positions to one permanent full- time position. 8 March 27, 2001 SUPPORT SERVICES 1) Request to recognize additional revenue in Cost Center 100130 and approve a budget amendment to transfer funds to Operating Expenses. 2) Contract Amendment No. Two for RFP 97-2675, "Pre-Employment Physicals and Drug Testing". F. EMERGENCY SERVICES Approval to enter an agreement with the Florida Department of Community Affairs for the development of a terrorism annex to the Comprehensive Emergency Management Plan and conduct an exercise to validate the annex. 2) 3) Approval of the amended collective bargaining agreement between the Board of County Commissioners and the International Association of Fire Fighters, Local 3670. Agreement approval and adoption of resolution authorizing the acceptance of said agreement between the State of Florida, Department of Community Affairs and Collier County for funds to be used for shelter enhancement at Gulf Coast High School. G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #01-205; #01-213; #01-226; #01-229. 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 1) Approve payment of medical costs associated with Kevin Saunders from General Fund Reserves. L. COUNTY ATTORNEY 1) Approve the settlement providing payment by the Defendants to Collier County in a special assessment lien foreclosure action entitled Collier County v. Christina Davenport, et aL, Case No.: 96-2319-CA. 9 March 27, 2001 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. An Ordinance amending Collier County Ordinance No. 2001-03, the Collier County Coastal Advisory Committee; amending Section Three, appointment and composition, terms of office, attendance and filing of vacancies; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUD-2000- 19, George L. Varnadoe, ESQ., of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Antaramian Capital Partners, LLC, requesting a rezone from "C-4" to "PUD" Planned Unit Development to be known as Sandpiper Village PUD, for a maximum of 180 multi-family dwelling units and a maximum of 45,000 commercial and general office uses, and recreational amenities, for property located on the south side of Tamiami Trail East (U.S. 41) in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 14.99+/- acres. C. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. V-2000-34, Don Kirby and Susan Young Kirby, of Construction Courier Services, representing Handy Food Stores Incorporated, requesting a variance of 20 feet from the required 50 foot front yard setback requirement for a gas station canopy and fuel pumps to 30 feet for property located at 2902 Lake Trafford Road, Immokalee. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition V- 2000-36, Craig R. Stephens of Stephens Design Group representing Adco Group requesting a 35 foot variance from the 50 foot rear yard requirement when abutting a residential property, to 15 feet for a property located on Railhead Boulevard and is further described as Lot 35, Railhead Industrial Park, Collier County, Florida. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition PUD-99-21, Mr. William Hoover of Hoover Planning, representing Lloyd G. Sheehan, Trustee, requesting a rezone from "A" Agricultural and "GC" Golf Course to "PUD" Planned Unit Development to be known as Castlewood at Imperial PUD allowing for 34 residential dwelling units for property located on March 2T 2~01 the north side of Imperial Golf Course Boulevard and approximately one- quarter mile east of Tamiami Trail (US-41), in Section 14, Township 48 South, Range 25 East, Collier County, Florida, consisting of 21.16 acres more or less. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Pud-98- 14(1), George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Granada Shoppes Associates, Ltd., requesting a rezone from "PUD" to "PUD" Planned Unit Development having the effect of amending the PUD document and PUD master plan to add a hotel as an authorized use and to reduce authorized retail and office space in lieu of said 175-room hotel, for property located on the southeast corner of U.S. 41 and Immokalee Road (S.R. 846) in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 39.23 +1- acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. il March 27, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 277 2001 ADD: ITEM 16(A)15 - Recommendation that the Board of Collier County Commissioners approve the Release of Purported Lien for Public Nuisance - Resolution 98-308. (Staff request) MOVE ITEM 16(B)3 TO 8(B)1: Approve committee ranking of firms for contract negotiations for Professional Engineering Services for Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24. (Staff request.) CONTINUE INDEFINITELY: ITEM 16(D)4: Approve one easement agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. (Staff request.) . WI4EREA$, T~ C~cy of Sauthw~at l~lm"i#~ i.~ ~ ~j~io~'~ lomdim~ non-p~o£it enWeonmem~nl org~iz~tion; ~d, Ir~l~i~ Fako~atche~ 5t~, ~lle 44e~, ~rth ~1~ ~te And Bi9 C~ea$ Presee~; And, T~e C~ffi ~ti~ly a$$ist~ with state and r~t~ti~ ~ in the ~r~ater ~.~sly ~t~ their time ~ The ~o~"~ helpa ~hapo en~ronmental policy ia ~ovth Fl~*id~ b~ l~ti~il~tir~ ia ia ad~itio~ to ploy~m) n kty roll ia en~roamtntal adv~o~y ~ ~t~cti~, ~e WHEREAS, T~e Adults And W/4EREA$, ovee a~ museum Co~ 9ivers, special coar~liaatar$, alafJce WIqEREA$, WHEREAS, also NOW THEREFORE, be that the County, Florida, DONE AND ORDERED Tt4~$ ZYth BOARD OF COUNT'Y COLLIER COUNTY, ~_,~AME~. CARTER, Ph. O., Cl4AIRIAAN -- AGENDA ITEM MAR 2 7 2001 WHEREAS. WHEREAS. P~OCLAt~A TION the Collier County 5tormwater tAanagement Deparlznent had submitted an application for the Big Cypress Basin Cooperative Water ~esou~es Pmojects: the ~outh Florida Water Management D/strict has evaluated all responses/n accordance with the criteria spec/fled in the solicitation; amd, after careful consideration of Collier County's application and written proposal, the ~uth Florida Water ~ana~ment Dis~ict~ ~view comm/~ee has ~e/ected ~oll/er ~oun~ a~ o~ of eight p~jects for fundi~ in fiscal year ~I; and, ~outh Flor/da Water hlana~ement District/s present/n9 Collier County w/th a check in the amount of $49,000 for fundhn3 of the Gateway NOW Commissioners of Water fundirn3 D., CHA£R~A~ £ROCLAMA TION WHEREAS. teen smoking is on the rise national/y, and has been reduced the State of F/or/da. due to the "truth" campa/an; and. $4/HEREAS. more than 4 m/f/ion k/ds aged 12-17 ore current smokers and 3. 000 young people become regular smokers each day; and. WHEREA$~ the Centers for Disease Control predicts more than § million young people under the age of 18 alive today w/ii die prematurely from smoking-related diseases, un/ess current rates ore reversed: and, WHEREAS, WHEREAS, WHEREAS. WHEREAS, smoking-related illnesses a/ready kill more than 400. 000 Americans each year. represent/ma more deaths than from AIDS. a/coho/, car acc/dents, murders, sa/c/des, drugs and f/res combined: and. many of and. the youth of ~ll/er Courtly wilt m,, )~r ~te the tobacco addiCtiVe rroducn ~ro~h ins,~t~u$ a~e~gOmpaians.· and. the ~°ard of Collier Coun~ Commission.s ~':'.~'~tand up with the` ~outh of this counW. 'D~ 5md~s Womb TobacCo'~ in opposition to the advertisin9 of tobacco products fo children. NOW THEREFOR~ be it proc/aimed by the Board of Coil/er ~'oOi~t~. Florida. that April 4, os DONE AND ORDERED THIS 27~J~ BOARD OF COUNt/COMMISSIONER5 ~b. CAR(I'ER, Ph.D., CHAIRMAN AGENDA/~-[£M HAP 2 7 00! ? g · ....~___ ........... ~HEREA$. WHEREAS, ~VHEREA$, ~VHEREA$. PROCLA~AA T-TON Cleveland Clinic Florida Hospital- Naples, one of the newest hospitals in Florida, is sdl'irn3 o new standard in patient care. Our hospital blends state of the DrY technology with hotel-like accommodations and, of course, world-doss healthcare to the people of ~outhwest Florida; and, we coil our philosophy "Hedin9 Ho~pi~di~/'; this revolutionom/ approach to core puts into practice our belief that a patient's physical comfort and satisfaction facilitate the healin9 process: and, Cleveland Clinic Florida - Nap{es incorporates o progressive approach to healthcare at a sitn31e medico/campus and ~hcludes an e~ctensive array o£ healthcare resources at one rite; and. /n add/t/on to our part of The most respected health,'are C/eve/and clinic fac///~/ ' qua#~, ~on~ol standards. F/or/da - Naples is one of the oldest and ~ country, Each own strict NOW THEREFORE. be it proc/dined by the Cailler County, Florida. thor/t~arch 30. of CLEVELAND CLINIC FL~IDA' HOSPITAL GRAND OPENING DAY and thaf hospital commun/~/ services. to the res/dents and ~fional healthcare DONE AND ORDERED THIS 27th Day of A4arch 2001 BOARD OF COUNTY COI~I~I$SZONER$ COLLIER COUNTY, FLORIDA A TTE$ T: DIqIGHT E. BROCK, CLERK J'AIAE$ D. CARTER. Pk. D.. CHAIR~/lAN MAR 2 7 2001 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE ROBERT DECAMP, PROGRAM SUPERVISOR, PARKS AND RECREATION DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR MARCH 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: Bob is a valued employee of the Parks and Recreation Department. Going beyond the call of duty filling in for other staff members at times, Bob continues to keep the Fitness Center facility clean and attractive for the public to enjoy. Always with a smile, he continually maintains his positive attitude with fellow employees and patrons of the facility. Bob is a customer orientated employee with a genuine concern for people. He has been a contributing factor in the success and popularity of the Fitness Center. Bob DeCamp is a great asset to both the Center and to Collier County. 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 Robert DeCamp, Program Supervisor, Parks and Recreation Department, be recognized as the "Employee of the Month" for March 2001. PREPARED BY: '*,--~' ~'~ ' ',\ ~i.' ~' "' DATE: Manj:~o .~TOckl Executive Secretary, County Manager's Office .... ~~ *-~ ~__~' DATE: APPROVED BY: Thomas'W.Olliff,~.,u~y Manager 2001 EXECUTIVE SUMMARY ADOPT RESOLUTION OPPOSING HOUSE BILL 949 AND ANY OTHER LEGISLATION PROPOSED TO RESCIND THE EMINENT DOMAIN AUTHORITY OF COLLIER COUNTY OR TO OTHERWISE RESTRICT OR LIMIT COLLIER COUNTY JURISDICTION OVER LOCAL WATER AND WASTEWATER UTILITIES OBJECTIVE: That the Board declare its opposition to House Bill 949 and any other legislation proposed to rescind the eminent domain authority of the County, or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. CONSIDERATIONS: On February 7, 2001, during a meeting of the Florida House Committee on Utilities and Telecommunications, the committee received briefings from investor-owned water and wastewater utility lobbyists and the Florida Public Service Commission staff. Utility and Franchise Regulation Department's retained special counsel for utility issues, Mike Twomey, was in attendance and filed the attached report, warning that he expected the industry to file legislation this year to divest the non-jurisdictional counties of their water and sewer regulatory authority. These briefings were the prelude to industry-sponsored legislation, House Bill 949, intended to strip eminent domain powers from the 31 non-jurisdictional (self-regulating) counties, including Collier County.' Collier County's right of eminent domain is a necessary and required right of County government to ensure the provision of safe and effi6ient utility service to some 15,000 County residents receiving water and/or sewer service from investor-owned utilities. FISCAL IMPACT: There is no fiscal impact regarding this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATION: That the Board adopt the proposed Resolution opposing House Bill 949 and any other legislation proposed to rescind the eminent domain authority of Collier County or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. NC,. ~ MAR ~-? 2001 PREPARED BY: REVIEWED BY: APPROVED BY: ~~ DATE: ~. E. "BLEU" WALLACE, DIRECTOR UTILITY & FRANCHISE REGULATION I {)k,vX DATE: THOMAS C. PALMER ASSISTANT COUNTY ATTORNEY DATE: 2~"/i ~"~5~/ ~o~n~ Mi Dtn,~CK III, ~TERIM ~a~MrNISTRATOR COMtv~ITY OEVELOPMENT & ESWmONMENT~a~ SERVICES DIVISION MAR :Z ? ~001 , P3:~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33' 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING LEGISLATION TO RESCIND THE EMINENT DOMAIN AUTHORITY OF COLLIER COUNTY OR TO OTHERWISE RESTRICT OR LIMIT COLLIER COUNTY JURISDICTION OVER LOCAL WATER AND WASTEWATER UTILITIES. WHEREAS, in response to the request of the citizens of Collier County, on February 26, 1996, the County assumed regulatory jurisdiction over the investor-owned water and wagtewater utilities operating in the County; and WHEREAS, the Collier County Utility and Franchise Regulation Department has actively and rapidly responded to the needs of investor-owned utilities and their customers since the County assumed regulatory jurisdiction; and WHEREAS, the quality of service to investor-owned utilities and their customers has greatly improved since the County assumed local regulatory jurisdiction; and WltEREAS, the right of eminent domain is a necessary and required right of County government to ensure the provision of safe, efficient and sufficient water and wastewater service to County residents; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in regular meeting held this 27th day of March 2001 as follows: The Board of County Commissioners of Collier County opposes any legislation which would diminish the jurisdiction of C. ollier County over local investor-owned water and '~/astewater utilities operating within the County; ThE Board of County Commissioners of Collier County opposes legislation to take away or in any manner diminish the eminent domain authority of the County over water and wastewater utilities which it regulates, as is currently proposed in House Bill 949. The Board of County Commissioners of Collier County requests that Collier County's local legislative delegation actively oppose any legislation which would affect Collier County's authority to regulate investor-owned utilities or take away or diminish the County's eminent domain power over any water or wastewater utility it regulates. 4. The Clerk of the Board of County Commissioners is hereby directed to forward a certified copy Of this resolution to the following: AG E N D~.J TF,..~I No. ~,' /Q_ / / MAR 7 ZOO1 PO'. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The Honorable Jeb Bush, Governor The Capitol Tallahassee, Florida 32302 Mary Day Carriseo, Executive Director Florida Association of Counties P.O. Box 549 Tallahassee, Florida 32302 And the Collier County Legislative Delegation composed of: The Honorable Steven A. Geller, Senator The Honorable Burt L. Saunders, Senator The Honorable Rafael Arza, Representative The Honorable Dudley J. Goodlette, Representative The Honorable Carole Green, Representative The Honorable Joseph R. Spratt This Resolution shall become effective immediately upon its adoption. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E BROCK, CLERK By: Deputy Clerk JAMES D. CARTER, PH.D., CHAIRMAN Approved as to form And legal sufficiency: Assistant County Attorney AGENDA~.~TE ~,~ MAR 2 7 2001 Florida House of Representatives - 2001 By Representative Attkisson HB 949 11 12 13 14 15 16 17 18 19 20 21 22 23 '24 25 26 27 '28 29 30 31 1 A bill to be entitled 2 An act relating to local government regulatiQn 3 of water or wastewater utilities; amending s. 4 367.171, F.S.; providing for regulation of 5 certain utilities by certain counties; 6 prohibiting exercise of eminent domain by 7 certain governmental entities under certain 8 circumstances; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (8) of section 367.171, Florida Statutes, is amended to read: 367.171 Effectiveness of this chapter.-- (8) Each county which is excluded from the provisions of this chapter or adopts a resolution pursuant to subsection (1)shall regulate the rates of all utilities in that county .which would otherwise be subject to regulation by the commission pursuant to s. 367.081(1), (2), (3), and (6). The county shall not regulate the rates or charges of any system or facility which would otherwise be exempt from commission regulation pursuant to s. 367.022(2). No county, or authority or district within such county, shall exercise the power of eminent domain over any water or wastewater utility system or facility regulated by such county pursuant to this chapter. For this purpose the county or its agency shall proceed as t~ough the county or agency is the commission. In all proceedings conducted by a county or its agency under ~he authority of this chapter, the provisions of ss. 120.569 and 120.57 shall apply. 1 CODING:Words ~ are deletions; words underlined are ad( .it iC, i~I~ENDA ITEM MAR ? 2001 pg. J Florida Mouse of Representatives - 2001 743-104-01 HB 949 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 law. Section 2. This act shall take effect upon becoming a HOUSE SUMMARY Provides for regulation of certain utilities by certain counties. Prohibits a county, or authority or district in the county, from exercising the power of eminent domain over any water or wastewater facility regulated by the county. 2 CODING:Words ~ are deletions; words underlined are additions. MAR ? 200 I '13/2081 8584218543 MIKE T6~OIv~Y P~GE 82 TO: FROM: DATE: RE: MICHAEL B. TWOMEY ATroILNEY Ar L~W POST OFFICE tot TALLAHA551~F., ~OglOA 3~1~52~ T~ (N) 421-~ F~. (~) MEMORANDUM BLEU WALLACE AND'O.~TOM MER. MIKE TWOMEY ~X~,..~-~ / February 12, 200] ESQUIRE THREAT TO COUNTY REGULATORY JURISDICTION & OTHERS Thr~at to County Jurisdiction I think this is the industry, action we have been expecting since Collier Court .fy fu'st retumed to county regulation of investor-owned water and sewer utilities. On Wednesday, February 7, 2001, 1 attended the meeting of the Florida House Commitlee on Utilities and Telecommunications. This was thc third in a series of"committee week" meetings held since the November, 2000 elections that are designed to familiarize legislators with the jurisdiction of the committees and pending issues prior to the start of session in early March. The familiarization aspect is particularly important this year, especially in the House, since some 67 of the 120 members are "freshmen." Prior meetings of this committee introduced thc mcmbera to issues surrounding thc electric and telecommunications industries and Wednesday's meeting was devoted to thc water and sewer mdustxy, in addition to hearing a report from the Chairman of the 2020 Electric Study Commission. John Williams of the PSC's staffgave the first presentation and outlined thc PSC's authority and responsibilities. He spent some time discussing how the PSC was trying to rehabilitate older, smaller and other degraded systems and how industry consolidation played a major role in that effort, lie added that this consolidation brought "economies of scale" and allowed the impact of major capital improvements to be spread over numerous systems. Much of William's pitch sounded remarkably like a lecture on the benefits of uniform rates, which, I should ad_d, is still the PSC's publicly announced policy: Williams was followed in order by Wade Hopping, Cheryl Smart of Hopping's fu-m and CarLvn KowalskT, who is Associate General Counsel for Florida Water Services. Both Hopping and Stewart appeared on behalf of the Florida Water Works Association, which is largely financed and controlled by Florida Water. All three emphasized several points which should be of great concern to Collier County and all non-jurisdictional counties. After thanking the legislattue for the earlier passage of the margin reserve legislation and the full environmental Cost compliance recovery that came with it, they stressed these points: AGENDA ITEM No. .'- ~-. MAR. 2 ? 2001 r7 / 13/2081 89:51 8584218543 MIkT Tb~M~%' Pa6E 83 Consistency and certainty of regulatory treatment are essential if the industry is to obtain the financing necessary for it to play its major role in dealing with the d~,,ght and providing high quality service. Hav~ng to deal with some 32 different interpretations (thc PSC and 31 non-jurisdictional counties) of the regulatory statutes results in inconsistency, uncertainty ,,nd unnecessary costs. They di3n't come right out and say that the PSC should b, given sole jurisdiction over the entire state, but it was the only implicaton one could take as the solution to thc problem they had laid out. They all complained about being regulated by counties that were also their competitors thxough county systems and who were often desirous of acqu~,'ing their syste-ras. They said this was a clear conflict of interest and questioned whether it should be allowed to exist. Again, they didWt say '~take jurisdiction from the counties and ~ve it to thc PSC," but it's the only implication one can draw as a solution. They complaincd that they didn't have a "level playing field" with governmental systems because of your lower cost financing and the fact that they, Lmlike you, were taxpayers. I didn't hear them suggest a solution to this problem. They highlighted their view that the in,~estor-owned utilities were the presumed saviors of the state from the drought because of their ability to build aqaifer storage, reuse facilities and the like, a~d argued that they should be given a financial incentive to do more of these ';good works" by "getting more than f~ll cost recover)'" for their efforts. AU three ofthese ind~try speakers were well received and it appeared a good number of the freshmen members were already well acquainted vdth Hopping and the others from prior meetings. Immediately after the meeting I spotted Florida Water CEO John Cir¢llo in the Company of Bill Peebles and Les-ret Abberger, the latler of whom is a registered lobbyist for Florida Water and whose prior actions here you are already familiar with. It is likely that the two were accompanying Cirello around for introductions ~o committee members and other legislators. Shortly after the committee meeting I talked to the.smft' director of the House Committee and a staff attorney of Senate Regulated Industries and asked if either was aware of any ~aft bills to accomplish a shift of total jttrisdiction to the PSC and both said they were not, although both agreed that the tenor ofthe industry's remarks appeared to clearly point in that direction. I have searched the legislature's website for any filed bills to this end, but have found nothing yet. You will recall that adverse industry legislation was "snuck in" by amendment to umelated water resource management bills in the past, but I think that is probably unlikely this time since the industry has publkly addressed this "problem" to the substantive committee. I remain confidenL- however, that the industry is going to file legislation to divest the non-jurisdictional counties of their water' and sewer regulatory authority and that they axe going to do it this year. 1 think the industry motivation for seeking the elimination of non-jurisdictional coUnty MAR ? 2001 /13/2881 89:51 8584218543 HIKE P~GE 04 regulato~ authority has more to do with "uniform rates" than it does with thc dubious consistency and certainty arguments they presented to the committee. As Bleu and I discuss~-d several years ago, the departure ora number ofieveral key counties from PSC regulation effecti,eely kiLled Florida Water's and the PSC's future plans for uniform rate expansion by that utility and, indeed, its continued v;ability. In short, the umtbrm rates previously approved for Florida Water by thc PSC, and lax, ely still in cffcct through thc modified rates still being charged, imposed varying levels of subsidies on ccrlain lower cost systems above their own costs of service and used those monies to subsidize lower rates for higher cost systcrus, very often in other, distant counties. Some counties had a mix of subsidy payers and recipients, while other counties more clearly had just one category. I think Florida Water's Marco Island system's currently approved rates, which are still just modifications of thc last rates approved by thc PSC, charge sewer customers more than their cost of service and water customers just very little below thcix cost of service. ! think Marco Island is currently jus! marginally a "winner" under the PSC's last rate structure, but that wasn't what was firs~ proposed for Marco Island. Florida Water's initial proposal for uniform rates had tis Marco Island customers grouped solely with its other RD plant at Burnt Store, with the result that Marco Island would have paid huge annual subsidies to Burnt Store. Those proposed subsidies were the basis for the organized opposition mounted by the Marco Island community, bm there is nothing to stop that level of subsidies from being proposed again or being approved by the PSC if it regains jurisdiction over Collier County. As you are well awan:, a primary reason for my recommending to the Collier County Commission that it remove regulatory jurisdiction from thc PSC was the fact that it is currently illegal for any couaty approved rates to subsidiz~ the rates of utility customers in other counties. Florida Water has not had a full rate case since its filing at the PSC in 1995, which case was concluded in 1996. Its 1992 case, in w~ch the PSC approved uniform rates, is still under appeal, w~th oral argument in what is likely to be the last action m this case scheduled for February 21, 2001. A win for the utility and the PSC on the legality of uniform rates is likely to embolden them to try approving such rates once again. The major impediment to a new Florida Water/PSC uniform rate case, however, is that the PSC curzently only has jurisdiction over Florida Water systems that are mostly "losers" in the sense that they are high cost and require subsidies from other counties, many of which are now regulated by counties. As you should recall, I also successfully urged Hernando and Citrus Counties to leave PSC jurisdiction. Flagl~ County, whose Palm Coast system has since been acquired by Florida Water, left as well. Mathematically, Florida Water and the PSC m .us. ! regain jurisdiction over the systems that ate "cash cows" because of their relative low costs of operation so that there will be monies to subsidize the high co, systems. Hence, I believe, the c~t effort to pat all counties under the regulatory authority of the PSC. The PSC wants this change and so does Florida Water. Thc fact that most all othg states have just state regulation of investor-owned systems, coupled with their joint lobbying effort will make them difficult to beat absent a su'onger collective effort than we have seen from the non- jurisdictional counties in the pa,sc I've already made Sarasota and Hillsborough Counties aware of the ~reat and have spoken to Lec Killinger ofF.AC, about it as well. I have spoken to George Flint, who is the exccutive director of thc St. Johns County Authority and will u'y to call Citrus today. I'll keep looking for thc legislation and advise you when I fred it. AGENDA ITEM MAR g 7 2001 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO AR-444, "CREATIVE HOMES III COMMERCIAL EXCAVATION" LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 27 EAST; BOUNDED ON THE NORTH Bt' VACANT LOT, ON THE SOUTH BY 35TM AVENUE N.W. RIGHT-OF-WAY,' ON THE WEST BY VACANT LOT, AND ON THE EAST BY VACANT LOT. OBJECTIVE: To issue Excavation Permit No. AR-444 for Creative Homes III Excavation in accordance with County Ordinance .No. 91-102 as amended, Division 3.5. Commercial CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 32,000 C.Y. to be hauled off-site. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center 138900 - Development Services Revenues generated by this project Total $5,896.00 The breakdown is as follows: a) Excavation Review Fee- b) Excavation Permit Fee - c) Road Impact Fee- $850.00 $166.00 $4,880.OO* *This amount is only an estimate and is based on an assumed haul length of 8 miles and a duration of two years. Final Road Impact Fee will be computed by Transportation Division prior to excavation permit issuance. GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORIC/ARCHAEOLOGICAL IMPACT: None AGENDASEI~ No. MAR 27 2001 EAC RECOMMENDATIONS: Jo EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: No CCPC public hearing was required PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. AR-444 for Creative'Homes III Commercial Excavation with the following stipulations: The excavation shall be limited to a bottom elevation of 12' below existing ground. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation depth of 6'below the.dry season water table. Off-site removal of material shall be limited to 32,000 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached) 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. All provisions of Collier County Ordinance No. 91-102, as amended, Division 3.5 shall be adhered to Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted. o If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire -. perimeter of the stockpile area. PAGE 2 AGENDA.I'~EM._ No. ~ MAR'2 7 2001 10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. 11. Operation shall be limited to one year, with provision for a 1-year extension. PREPARED BY STL~I~-~/~~E'. SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE APPROVED BY: JOHI~~M. DUNNUCK, III INTEc~IM ADMINISTRATOR DATE PAGE3 AGENDA R'EM -- NO, ~ MAR,~ 7 2001 COLLIER COU1YTY TRANSPORTATION SERVICES "STAND~ CONDITIOIVS" EXCAVATION PERMIT APPLICATION8 hNVOLVING OFF-SITE REMOVAL OF MATERIAL ' Thc intent of these "Standard Conditions" are to pwvide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and'an arterial wad shall be pr/vale w/th property owner(s) approval or. be a public collector road built to standards applicable to handle thc resulting truck traffic. Where residential areas front collector wads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Tran~onation Services Adminisu'ation reserves the right to suspend or prohibit off-site removal of excavated m---rial should such removal create a hazardous road condition or substantially deteriomle a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permitiee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.$ and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall' be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. ' Thc Tranapomtion Services Adm/nisU~on reserves the right to establish emerpn~ weiL~t limits on public roadways afl'ec~ed by the off-site removal of cxcavaled material; the procedure for esu~blishment of weight limits shall be the presentation of an mpplicabl¢ resolution before the Board of County Commissioners. Should weight limiis be~ hmsii~ the permitiee shall be respor,sihle to ir,?lement mcasmes io assure that all hesvy track loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Perfonnsnce C, usmaize shall apply m excavation operafio~ ~i also ~ of public ru~ts in accordance with cmme~ oniinances ~mi .,~pplk:sble · AGENDA ITEM No. MAR 2 7 2001 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the fight to deny a blasting permit based on concerns for off-site impacts from blasling at an excavation site. Should a blasting pe, uit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Ao Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. The right of the County to suspend and/or revoke blasting permit azuhority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release ~om the Transpo~tion Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to let/er of 5/24/88 Revised 1/13/98 AG£N~A JTF.~ ~ NO. ~ MAR 2 7 2001 AGENDA ITEM No. ~B ~ MAR 2 7 20( EXECUTIVE SUMMARY REVIEW STAFF'S PROGRESS REPORT ON THE NEGOTIATIONS WITH WMI AND IDC, AND SELECT THE BOARD'S PREFERRED OPTIONS, AND THEN AUTHORIZE STAFF TO COMPLETE THE NEGOTIATIONS WITH WMI AND IDC OBJECTIVE: To inform the Board of County Commissioners (Board) about the progress made in the negotiations with Waste Management, Inc. (WMI) and Immokalee Disposal Company (IDC) concerning the County's solid waste management program. To present options to the Board for its selection. To receive authorization from the Board to prepare appropriate change orders/agreements with WMI and IDC, which will be presented to the Board for its approval. CONSIDERATIONS: On December 20, 2000, the Board held a solid waste workshop and on January 9, 2001, the Board authorized staff to negotiate with WMI and IDC regarding various solid waste management issues. The following issues have been the subject of negotiations: 1. Prudent Odor Control Redundancies. The County's consultant, Malcolm Pirnie Inc. (MPI), has recommended additional odor control measures for the Naples Landfill (Landfill), even though these measures are not mandated by the Florida Department of Environmental Protection. The Staff agrees these proposed odor control measures are prudent, and will provide redundancies in the Landfill's odor control system, and thus will provide greater assurance that odor control problems will not be encountered in the future. In response to these recommendations, WMI has agreed to provide additional odor control equipment and take other steps to better control odors at the Landfill. Specifically, WMI has agreed to: a. Discontinue the practice of stripping initial (daily) cover each morning. b. Add 3-phase power to improve the reliability of the odor control system. c. Add backup generators to provide redundancy for the odor control system. d. Make other improvements to the Landfill's electrical system to improve reliability and redundancy. e. Construct horizontal gas collection trenches at the Landfill's working face. f. Conduct engineering studies and make additional improvements, if necessary. WMI initially asked the County to pay a surcharge of $5.14 per ton for odor control measures. This surcharge would be in addition to the tipping fee, which currently is $17.12 per ton. WMI subsequently agreed to reduce the surcharge to $4.11 and offered further reduced surcharge of $3.86 per ton, if the County agrees to extend WMI's collection contract. The current proposal represents a reduction of approximately~ 1 approximately $1.2 million over the life of the contract, which is expected to be approximately 15 to 1 7 years. The Staff is investigating several methods of reducing the cost of the odor control measures, thus reducing the amount paid to WMI. Staff wants to ensure that the County's payments will be based on the actual costs incurred by WMI. Thus, the actual amount paid to WMI may be less than $3.86 per ton. Staff believes the Board should: (a) consider the option of increasing the Landfill tipping fee by $4.00/ton to pay for the odor control measures; and (b) authorize the payments to WMI for odor control measures, on a cost reimbursement basis. 2. Remediation of Cells 1 & 2 for Future Landfill Operations. The Board previously directed the Staff to remediate and reconstruct Landfill Cells 1 & 2 so that these areas can be used for the short term and intermediate term disposal of solid waste. WMI initially asked to be compensated for all of the costs associated with this work, including construction of the new lined cells and closure of the new cells. After discussing the issues with the County, WMI agreed that it already is obligated to pay the cost of closing active cells and constructing and closing new cells at the Landfill, using the money that WMI receives from the tipping fee. This acknowledgment by WMI dramatically reduced the County's potential estimated cost for re-construction and closure of Cells 1 & 2. The County has hired an independent geotechnical engineer, Professional Service Industries, Inc. (PSI), to conduct a geotechnical and engineering assessment of the conditions in Cells 1 & 2. The quantity and physical/chemical characteristics of the materials in Cells 1 & 2 currently are not well known. Consequently, at this time the County and WMI cannot accurately determine the amount of remedial work that must be completed in Cells 1 & 2 before WMI can design and construct the new landfill liner system. Given this uncertainty, there are two options for managing the remedial work in Cells 1 & 2: Option 1. WMI proposed to assume responsibility for conducting the remedial work if WMI is paid $1.70 per ton in additional fees. This fee is based on WMI's estimate of the costs that WMI may incur to perform the remedial work in Cells 1 & 2. The fee will repay WMI's estimated expenses at 8% interest for 15 years, and will cost the County more than $14 million. Option 2. The County will conduct the work and assume responsibility for restoration and clean up of Cell 1 and 2. The County will hire one or more specialty contractors to perform the work in coordination with WMI. The County will pay the actual cost of the restoration and clean up work from the County's solid waste reserve fund, thus avoiding finance charges. Staff believes the Board should choose Option 2. WMI's proposed fee for Option 1 is intended to be high, thus minimizing WMl's risk of unanticipated site / 2 J 1'4A~. 2 7 ~.0[ii unanticipated expenses. Under Option 1, the County will, in effect, borrow money from WMI to pay for the remedial work, and then the County will repay WMI over time at an unfavorable interest rate. Under Option 2, the County will assume the risk of unknown site conditions, but the County will not pay any interest and will only pay for the work that is needed. 3. Contingency Contract for Out-of-County Disposal. The County's Comprehensive Plan requires the County to have two years of lined landfill capacity available to meet the County's needs. To satisfy this requirement in the Comprehensive Plan, the County previously concluded that it may need to haul some of the County's solid waste to an out-of-county landfill. Hauling waste out-of-county would maximize the remaining useful life of Cell 6 in the Naples Landfill. If it is necessary, WMI has agreed to haul and dispose of 900 tons per day (tpd) of the County's solid waste to the WMI landfill in Okeechobee County. WMI would charge $54.00 per ton for this service. The fee would be reduced 2 percent if the County pays WMI within 20 days. At these rates, the County would pay approximately $15 million each year to haul 900 tpd to Okeechobee, plus the County would pay the cost of disposing of the remainder of the County's waste (approximately 300 tpd) in the Naples Landfill. To avoid these expenses, the County asked WMI to guarantee in a contingency contract that WMI will provide at least two years of capacity at WMI's Okeechobee landfill for Collier County, if needed. WMI has agreed to do so. WMI also will guarantee capacity in its Okeechobee landfill for any debris resulting from a hurricane or other natural disaster in Collier County. These contractual guarantees of capacity (air space) in a lined landfill will be provided by WMI at no cost to the County. The Staff believes these guarantees from WMI will satisfy the requirement in the Comprehensive Plan for two years of lined landfill capacity. If new capacity is developed at the Naples Landfill before Cell 6 is filled, the County will not need to haul any solid waste to the Okeechobee landfill, because the County can rely on its contingency agreement with WMI to satisfy the Comprehensive Plan requirement. WMI's guarantees should enable the County to postpone and perhaps eliminate the cost of transporting and disposing of the County's solid waste at an out-of-county site. The Staff requests the Board to consider a contingency contract with WMI for: (a) guaranteed capacity at the Okeechobee landfill; and (b) WMI's transport and disposal services, if needed. 4. Expansion of Recycling Pro:Rram. The staff requested and WMI subsequently offered to expand collecting: 3 its recycling activities by MAR PG.; ~ _ a. Mixed fiber materials (magazines, catalogues, etc.) from residential customers; b. Glass and bottles from commercial customers; and c. Electronic scrap (computers, televisions, etc.) WMI will collect mixed fiber materials from residential customers at no cost, and will reduce the cost of the proposed odor control measures at the Naples Landfill to $3.86 per ton, if the County will extend WMI's collection contract until 2006. In addition, in exchange for a contract extension, WMI will assume responsibility for the management, purchasing and distribution of recycling bins to residential customers, beginning on the effective date of the contract extension. WMI will provide an average of 5,000 bins per year; the County will reimburse WMI at its purchase cost if WMI distributes more than 5,000 bins per year. All of these responsibilities and associated costs for recycling bins currently are borne by the County. WMI will collect glass and bottles from commercial businesses at a cost of $5.00 per pick-up, if the County will make glass recycling mandatory for those businesses that generate significant quantities of glass (e.g., restaurants, bars). WMI's recycling program for electronic scrap will include the following components: (a) WMI will hold two events each year at a mutually designated time and place. WMI will be responsible for providing a container, site management, and the cost of transporting the electronic scrap materials to a processing facility. The County will be responsible for paying the cost of processing the waste materials. (b) WMI will place a dumpster at each one of the County's transfer stations for the collection of electronic scrap materials. WMI will be responsible for the cost of transporting the waste materials. WMI also will be responsible for training the appropriate County Staff members concerning the proper management of these materials. The County will pay the cost of processing the waste materials. (c) The County will be billed on a monthly basis for the cost of processing electronic materials. The County will pay WMI's actual cost, without markups or additional fees. The details of the scope of services for electronic recycling, and the associated costs, will be determined in future negotiations between the County and WMI. The staff requested and IDC (Immokalee Disposal Company) subsequently offered to expand its recycling activities, at no additional charge to the County, if IDC is given an extension of its contract until 2006. Specifically, IDC has offered the following services: 4 AG£NDA IIEM ,,,o. gcc--? PG. a. Extended Customized service for customers who need help, whether due to age, health or other limitations, at no additional charge to the County. b. IDC will purchase a new truck with more compartments so that IDC can add magazines and catalogues to their residential/commercial curbside pick-up recycling program. c. IDC will place sectioned containers at all public schools for computer paper, newspaper, and magazine/catalog recycling. d. IDC will provide at least two or three collection days per week for commercial recycling. e. IDC will increase residential recycling frequency from once per week to twice per week, as soon as the County determines that the rate of recycling has increased through joint efforts with the County and a public relations campaign. f. IDC will introduce electronic scrap (computers, televisions, etc.) recycling as follows: 1) IDC will provide curbside pick up service for residential and commercial customers. The County will be responsible for the cost of processing the scrap material. 2) IDC will provide a collection center for electronic scrap at IDC's facility. The County will be responsible for the cost of processing. 3) The processing costs and the scope of service for electronic scrap recycling will be determined in future negotiations with the County and the IDC. The staff asked IDC to examine the possibilities of using standard carts. IDC responded with a proposal to enhance collection system with carts for the Immokalee Service Area, if the County approves a cost increase of 1.5% (IDC estimates the actual cost is 2.5%). The Staff recommends that the Board consider the recycling program enhancements proposed by WMI and IDC, and then give directions to the Staff as to the Board's preferences. FISCAL IMPACT: Subject to the qualifications discussed above, the proposed odor control measures will increase the County's costs at the Landfill, which could be recouped by raising the Landfill's tipping fee by $4.00 per ton. This increase in the tipping fee will cover the County's reimbursements to WMI, which are estimated to be approximately $3.86 per ton and will start upon the execution of an agreement/change order with WMI. The cost per ton may decline if the County pays for some of the odor control measures with a lump sum payment or pays on a cost-reimbursement basis. The cost per ton will be adjusted in the future for inflation. If the Board decides that WMI should perform the remedial work in Cells 1 & 2 pursuant to Option 1, WMI's fees will increase by $1.70 per ton. If the Board selects Option 2 for the remedial work, WMI's fees per ton will not be affected. The actual cost of remediating Cells 1 & 2 under Option 2 is uncertain at this time. 5 &G£~DA ITEM MAR 2 7 2001 PG. The County will incur no cost for the guaranteed disposal capacity in the Okeechobee landfill. The County also will incur no cost for WMI's commitment to haul and dispose of the County's waste in the Okeechobee landfill. If the County decides to send 900 tpd to WMI's Okeechobee landfill, the County will pay $54 per ton or approximately $15 million per year, subject to escalation for inflation and other factors. The proposed additions to the County's recycling program for mixed fiber materials and bottles do not add any direct costs for the County. The cost of electronic scrap recycling will depend upon the services, if any, requested by the County. GROWTH MANAGEMENT: It is anticipated that the contract with WMI will ensure the County's compliance with the Solid Waste Sub-Element of the County's Comprehensive Plan because the contract will provide at least two years of lined landfill capacity for the County in WMI's Okeechobee Landfill. RECOMMENDATION: That the Board of County Commissioners consider the options presented, select the options preferred by the Board, and then authorize Staff to prepare appropriate change orders or contract amendments for the Board's review and approval. Specifically, Staff recommends that: 1) The Board increase the Landfill tipping fee by $4.00 per ton. 2) The Board authorize payments to WMI for the odor control measures recommended by MPI and Staff. 3) The Board choose Option 2 for the restoration and clean up of Landfill Cells 1 and 2. 4) The Board obtain a contractual guarantee from WMI to provide at least two years of capacity at WMI's Okeechobee landfill for Collier County's waste, plus a guarantee of capacity for the County's storm debris, if needed. 5) The Board approve IDC's proposal for expanded recycling services subject to final contract negotiations. 6) The Board approve WMI's proposal for expanded recycling services subject to final contract negotiations. 6 2001 Submitted by: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department Date Date EXHIBIT I (to be used as a part of BCC presentation) Negotiations with Waste Management, Inc. Summary of Initial and Final Proposals All costs in $ per ton Initial Pro,~osal Final Offer I. Odor Control A. Soil Cover B. Lost Air Space C. Soil Stripping D. Redundant Equipment Subtotal II. Expansion A. Construction B. Remediation 1. Gun Range 2. Cells1 &2 3. Lost Airspace Subtotal Landfill Subtotal III. Transfer A. Haul & Dispose 900 tons/day B. Reserve Air Space C. Disaster Relief Air Space IV. Recycling Expansion A. Add Mixed Fiber to Residential B. Commercial Glass C. Electronic Scrap $5.14 $9.00 $14.14 $54.00 Not included Not Included No cost (with contract extension) No cost to County (with mandatory collection) $5/p.u. to commercial customers. Not Included $2.43 $1.38 $o.oo $0.05 $3.86 $0.00 $0.20 $1.5o $o.oo $1.70 $5.56 $54.00 Included Included No Cost (with contract extension) No cost to County (with mandatory collection) $5/p.u. to commercial customers. Please see Executive Summary Savinss 25% 81% 6O% MAR 272001 I EXECUTIVE SUMMARY UPDATE TO THE BOARD OF COUNTY COMMISSIONERS ON THE CAPACITY ISSUES WITH THE NORTH COUNTY WATER RECLAMATION FACILITY OBJECTIVE: That the Board of County Commissioner, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, hear a report on the activities taken by the Wastewater Department to alleviate spills of wastewater for the short term and long term. CONSIDERATION: In late January 2001, the North County Water Reclamation Facility (NCWRF) was experiencing hydraulic problems due to high excessive flows. At the same time plant staff noticed a 30% increase in organic loading to the facility. These (2) two factors combined caused a serious biological upset. During February the flows continued to increase as well as the organic loading. From February 14th through March 5th, 2001 the treatment plant experienced washout of solids from the plants clarifiers during the peak morning hours. Peak flows were above the plant design. The plant experienced several spills near the plant clarifiers and effluent filters. Standard Operating Procedures were used for containment and clean-up of the spills. The NCWRF is now in compliance with reclaimed water discharge permits. We have not experienced any wastewater spills since March 3, 2001. Action that staff proposes to Florida Department of Environmental Protection (FDEP) to make sure we are in compliance next peak season is as follows: · Off load peak flows to the South Count)' Water Reclamation Facility (SCWRF) using the City of Naples Collection System. Off load peak flows to the SCWRF with a temporary inter-connect between the North and South Count)' Plants. · Construct a Flow Equalization Tank at the NCWRF. · Install telemetry in the NC\VRF collection area to maximize storage in the system. · Add additional Aeration Capacity to the NCWRF. · Improve Plant Operating Procedures and Process Control. · Increase Chemical Feed capabilities. Action that staff proposes to FDEP to alleviate this problem on a long term basis are: · Expedite the 5 MGD (Million Gallons per Day) Expansion construction project. · Increase SCWRF Capacity to 16 MGD by 2003. · Construct an inter-connect between the NCWRF and the SCWRF by 2004. · Construct an additional 10 MGD capacity at the NCWRF by 2005. FISCAL IMPACT: The Wastewater Master Plan will be updated this Fiscal Year to determine Fiscal Impact on this plan. GROWTH MANAGEMENT IMPACT: The Sanitary Sewer element of the Growth Management Plan will need to be reviewed and modified to be consistent with the revised Wastewater Master Plan. RECOMMENDATION: The Staff recommends that the Board of County Commissioners consider the discussion of this report and recommended improvements. The Staff will bring back to the Board of County Commissioners at later date additional information on the NCWRF. SUBMITTED BY: Date: ~oseph B. Cheatham, Wastewater Director REVIEWED BY: ,..y,~:.--.,--~,,,:-.'. /~¢--,,--~.s:' Date: ......."'' ' : James Mud& P.E., Public Utilities Administrator Plan of Action to Resolve Flows and Loading Issues at the North County Water Reclamation Facility 1. Increase the use of Alum for Sludge satiability immediately. 2. Improve standard operating procedures and process control by July 1, 2001. 3. Make plant improvements to the Pelican Bay WWTP and keep it on line for the foreseeable future - permit expiration July 2006. 4. Re-route 1 MGD to the SCWRF through an inter-connect system by August 2001. Use this capacity to help with additional growth in the system. 5. Enforce sewer use ordinance on discharge ofoil and grease to the system to reduce plant loading. Modi~, ordinance to provide for penalties for excess strength charges by October 1. 2001. 6. Add appropriate amount of additional aeration capacity on an interim basis at the NCWRF by November 2001. 7. Reviev,' peak flows and construct appropriate sized Flov¥' Equalization basin at the NCWRF before next season. 8. Fast track the 5 MGD Expansion and bring on line prior to February, 1, 2002. 9. Expand the SCWRF to 8 MGD and have on line by 2003. 10. Construct a permanent inter-connect between the SCWRF and the NC~,VRF by 2004. 11. Immediately start design of a 10 MGD expansion at the NCWRF and have on line by 2005. EXECUTIVE SUMMARY REVIEW OF THE WRITTEN AND ORAL REPORT OF BAYSHOREIAVALON BEAUTIFICATION MSTU ADVISORY COMMITTEE THE OBJECTIVE: To determine if the Bayshore/Avalon Beautification MSTU Advisory Committee continues to address the issues it was created for, continues to warrant the time and funding required to retain it, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance 86-41 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. The Bayshore/Avalon Beautification MSTU Advisory Committee is to be reviewed in 2001. The Board Chair is to provide a written report (copy attached) that answers specific questions provided for within the ordinance. In addition, the ordinance calls for each board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. FISCAL IMPACT: In each case the boards scheduled for review require only the staff time needed to attend, prepare backup information, minutes and any additional information required by the Committee/Commission members. At a minimum, an advisory board will normally cost $2,000 annually. GROWTH MANAGEMENT: there is no direct Growth Management impact associated with this item. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS review the written report of the Bayshore/Avalon Beautification MSTU Advisory Committee scheduled for review in 2001, and direct any revisions that they determine are necessary to have this committee function as efficiently and effectively as possible. Prepared by~ ,~-~ r Thoma~ W'T-Olliff, C-'~Manage MAR 2 7 2001 Memorandum To: 'From: Date: Subject: Thomas W. Olliff County Manager Bill Neal, Chairman Bayshore Beautification MSTU February 6, 2001 Annual Report for Year 2000 This memo will serve as our Annual report as required by Ordinance 92-44. That Ordinance requires that the Chairman of every Advisory Board to the Board of County Commissioners provide the following information: 1. Is the Advisory Board serving the purpose for which it was created? Yes. The Bayshore Beautification Advisory. Board has been instrumental in moving the Bayshore Streetscape and Landscape Beautification Project to fruition. 2. Is the Advisory Board adequately serving current community need? Yes. The Bayshore Beautification Advisory Board is the mechanism by which the MSTU continues to function effectively. 3. A list of the Advisory Board's accomplishments for the pLeceding 12-month period: During the past year we have almost completed the landscape, irrigation, entry feature and improved sidewalks and pavers along Bayshore Drive. 4. Is there another Board or Agency, public or private, which would better serve the purpose for which the Advisory Board was created? No. The Bayshore Beautification Advisory Board is the most appropriate vehicle for representing the taxpayers within the MSTU boundaries. Transportation Operations .Department 'AGEND&ITEM MAR 2. 7 2001 Thomas W. Olliff, CounU Manager February. 6, 2001 Page 2 of 2 Should the Ordinance creating the Advisory' Board be amended to better serve the purpose for which it was created? No. There is no reason to amend the enabling ordinance (Ordinance 97~82) at this time. 6. Should the Advisory Board's membership requirements be modified? No. Not at this time. 7. The cost of maintaining this Advisory Board is as follows: The approved budget for fiscal year 2000 was $1,472,643. Of this amount, $53,500 is included for indirect costs for county administrative expenses. Thank you for the opportunity to provide the foregoing report. We will make ourselves available to address the Board of County Commissioners if you so desire. CC: Norman E. Feder, AICP, Transportation Administrator, Edward J. Kant, P.E., Transportation Operations Director Bob Petersen, Transportation Operations MSTU Liaison File: Bayshore MSTU (Annual Report to the Board) Transportation Services Department EXECUTIVE SUMMARY REPORT ON STATUS OF SETTLEMENT NEGOTIATIONS IN COLLIER COUNTY v. MARSHALL, CASE NO. 99-2009-CA-TB, PENDING IN THE TVVENTIETH JUDICIAL CIRCUIT COURT (PRESCRIPTIVE EASEMENT CLAIM FOR MILLER BOULEVARD EXTENSION) AND REQUEST FOR BOARD DIRECTION. OBJECTIVE: To report on the status of settlement negotiations in Collier County v. Marshall, Case No. 99-2009-CA-TB, pending in the Twentieth Judicial Circuit Court (prescriptive easement claim for Miller Boulevard Extension) and receive Board direction. CONSIDERATIONS: On December 12, 2000, following a continuation from the November 14, 2000 Board Meeting, the Office of the County Attorney reported to the Board on the status of Collier County v. Marshall, Case No. 99-2009-CA-TB and the County's claim for a prescriptive easement over Miller Boulevard Extension as asserted in that lawsuit. At that time, there had been extensive settlement negotiations and the County had also learned a great deal more about the anticipated effect of the Save the Everglades Project on Southern Golden Gate Estates, including the area traversed by Miller Boulevard and Miller Boulevard Extension. A copy of the Executive Summary before the Board on November 14, 2000, and December 12, 2000, minus the attachments, is attached to this Executive Summary. At the December 12, 2000 meeting, the Board expressed continuing concern about the use of Miller Boulevard Extension for County and emergency vehicles and directed that the County attempt to negotiate a temporary use agreement with the State and Florida Wildlife Federation providing that Miller Boulevard Extension would remain open until such time as Miller Boulevard began to be physically removed and that would allow the County to obtain permits to improve the grade of Miller Boulevard and fill potholes and keep Miller Boulevard operational to meet health, safety and welfare issues for all residents of Collier County. As of the date this Executive Summary was prepared, no real progress has been made in finalizing a settlement of the litigation. Further, staff has now advised the Office of the County Attorney that it would likely be necessary to set a controlled grade for Miller Boulevard Extension to ensure that it would remain passable for emergency vehicles throughout the year. At least initially, the Department of Environmental Protection has not been receptive to any agreement that might raise the grade of Miller Boulevard Extension at any location. There also has not yet been a response to the County's proposal that, if the County meets the criteria set forth in any settlement agreement as to any proposed maintenance and repairs on Miller Boulevard Extension, the parties to the agreement will not challenge any requests for necessary permits in administrative proceedings. FISCAL IMPACT: See attached Executive Summary. AGENr)A 4AR 2 ? 2001 GROWTH MANAGEMENT IMPACT: See attached Executive Summary. RECOMMENDATION: That the Board provide direction to the Office of the County Attorney in light of the report concerning the status of settlement negotiations in the case of Collier County v. Marshall, Case No. 99-2009-CA-TB, now pending in the Twentieth Judicial Circuit for Collier Couqty. Prepared by: ~/-'''//~/~/ Date: ,-~//~/0/ Michael W. Pettit, Assistant County Attorney Reviewed and X¢, ,,.~, ://,f ~ Approved by: ~,~-.~,-~.~-..¢,..-~ Date: David C. Weigel~ ~2 County Attorney h:Litigation/OpenCases/CCv. Marhsall/ExSum/031601 2 EXECUTIVE SUMMARY REPORT ON STATUS OF AND SE'~/EMENT NEGOTIATIONS IN COLLIER COUNTY V. MARSHALL, ET. AL., CASE NO. 99-2009-CA-TB, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT (PRESCRIPTIVE EASEMENT CLAIM FOR MILLER BOULEVARD EXTENSION) AND REQUEST FOR BOARD DIRECTION. OBJECTIVE: To report on the status of and settlement negotiations in Collier County v. Marsh, et. al., Case No. 99~2009-CA-TB, now pending in the Twentieth Judicial Circuit Court (prescriptive easement claim for Miller Boulevard Extension) and request for Board direction. CONSIDERATIONS: In 1997, the Board directed staff to, in essence, establish an easement of record over Miller Boulevard Extension, a dirt/gravel road running between U.S. 41 and Miller Boulevard in Southern Golden Gate Estates. (See attachment 1 - minutes from 7/29/97 and 9/23/97 Board meetings.) The purpose of the Board's direction was to ensure that Count7 and emergency vehicles might use Miller Boulevard Extension and to allow the County to seek necessary permits to fill one or more very large potholes that made travel on Miller Boulevard Extension extremely difficult or unsafe during the rainy season. After making efforts to acquire easement rights by donation, the County filed an action on June 18, 1999 seeking to establish by judicial declaration a prescriptive easement over Miller Boulevard Extension The action was fi[ed with respect to 18 parcels that are traversed by Miller Boulevard Extension. As a result of filing that action, the County has acquired stipulated easement rights for 2 of the parcels and it has also obtained defaults against owners of 5 more of the parcels. The State of Florida owns 7 of the remaining parcels, while Florida Wildlife Federation owns 1 parcel and 3 other parcels are still in the hands of individual owners. Of the parcels remaining in the hands of individual owners, 2 of those owners have reportedly entered into a contract to sell their property to the State but the sale has been delayed due to the pending action filed by the County. It has also been reported that the remaining individual owner has sold his parcel to the Miccosukee Indian tribe although that information has not been confirmed. During the course of discovery in the case, the County has learned that, as part of its Save the Everglades project, the State is continuing forward with its plans to purchase all of the parcels traversed by Miller Boulevard. Extension and to remove 130 miles of paved road il Southern Golden Gate Estates, including virtually all roads south of 66~' Avenue S.[ Among the roads designated for removal is the portion of Miller Boulevard lying south 66"' Avenue S.E. (Please see the attachments 2, 3 and 4 to this Executive Summary, whirl outline the status of the States acquisition program as of July 11, 2000 and also set forth th~ hydrologic restoration plan of Southern Golden Gate Estates as currently proposed by thc South Florida Water Management District and the Army Corps of Engineers once the Stat( has co.mpleted its acquisition program.) At this juncture, the State has acquired or is in contract to acquire 15,411 of the 19,998 parcels in the project area, including parcels over" which Miller Boulevard Extension runs. (See attachment 5 to this Executive which is a map showing ownerships in the Save Our Everglades project area a 2000.) As attachment 2 indicates, the State is currently in a phase of making 1 offers.to the approximately 4,000 parcel owners that have either not responded.or refused the State's initial offer for acquisition. The County Attorney has been advised by counsel for the Department of Environmental Protection that in January 2001 the State will seek eminent domain authority to acquire ail remainin§ parcels. Because the State's Save Our Everglades project is moving forward far more rapidly than previously, it now appears that Miller Boulevard Extension will at some point in the next five years not be a viable road for any purpose. This is so because most of the roads to which Miller Boulevard Extension provides a connection will be removed and will be flooded as a result of the proposed hydrologic restoration plan. (See attachments 3 and 4 to this Executive Summary.) Pursuant to court order, a mediation of the pending court case was held on September 28, 2000. Although no recommended resolution was reached, settlement discussions among the most interested parties in the prescriptive easement litigation, i.e., Florida Wildlife Federation, the County, and the State, have continued. At this time, a possible settlement would likely need to include or address the following elements among others: Waiver of the County's prescriptive easement rights in Miller Boulevard Extension. Entry into a Temporary Use Agreement with the State and Florida Wildlife Federation. The Temporary Use Agreement would need to allow County vehicles and emergency vehicles use of Miller Boulevard Extension until the earlier of either January 1, 2006 or the beginning of the physical removal of significant portions of Miller Boulevard in Southern Golden Gate Estates as part of the hydrologic restoration plan proposed by South F[odda Water Management District and the Army Corps of Engineers. It is the County's understanding that once the State has acquired all the properties in question, it will transfer the management of these properties to the South Florida Water Management District. The State believes the physical removal of Miller Boulevard as a paved road is likely to occur well before 2006. '[he County would be permitted to seek any necessary permits to fill significant or dangerous potholes along Miller Boulevard Extension but would not be allowed to raise the overall elevation of Miller Boulevard Extension or install any culverts or do any additional grading along Mille Boulevard Extension. Interested persons would retain the ability to object to any such requeste~ permits, although additional negotiation on this issue is anticipated. As the State acquires new properties, the County would immediately assigr any rights it has acquired either by way of default or stipulation or otherwis~ to the State. The County would dismiss its prescriptive easement lawsuit. Nevertheless this issue remains up in the air to the extent that at least one of the privat~ ~ owners is not in contract with the State and has claimed that he has sold his property to the Miccosukee Indian tribe. ~ 2 10. The County would remain subject to ail permitting requirements to perform any filling of potholes along Miller Boulevard Extension. The Temporary use Agreement would be subject to approval by the Big Cypress Basin Board and U.S. Fish and Wildlife Service in addition to the signatory parties. If and to the extent allowed by law, the County would hold other signatories to the Temporary Use Agreement harmless for any liability arising from any work performed by the County on potholes. The County also would bear the cost of removing any such work to the extent required by the State or the South Florida Water Management District. Given the limitations on the work that could be performed, any such costs would likely be relatively minor. GROWTH MANAGEMENT: If the County enters into a settlement agreement along the lines outlined above, eventually it will loss all access or claim to Miller Boulevard Extension. Thus, the road would not be available for the County's use. At this time, the County prescriptive easement rights over Miller Boulevard Extension have not been judicially declared by a court. Even if those rights were declared to exist by a court, however, that will not stop the State's acquisition program or the hydrologic restoration. At most, the County would gain some unknown amount of monetary compensation for an easement that will necessarily be eradicated as part of the State's acquisition program. Accordingly, under any scenario, it appears the County will ultimately lose access to Miller Boulevard Extension. FISCAl IMPACT: ShouLd the County proceed with the litigation, there will be a substantial expenditure of County, Attorney and staff time in prosecuting the County's claim. Further, expert witnesses will need to be retained if Florida Wildlife Federation is successful in convincing the cou~ that this case involves issues of violations of the Federal Clean Water Act and the Federal Endangered Species Act. If these issues remain in the case, it is estimated that the case from this point could easily cost $20,000 or more to prosecute to conclusion in the circuit court. Even if the County is successful, it is almost a certainty that both the State and Florida Wildlife would appeal. RECOMMENDATION: That the Board provide the Office of the County Attorney direction in light of this report on the status of the prescriptive easement litigation and related settlement negotiations as to whether to continue to pursue a settlement proposal to bring back for Board consideration or to continue to prosecute the prescriptive easement case. Michael W. Pettit, Assistant County Attorney Reviewed and Approved by: _ ~~/./~'~ Date: .. David C. Weig~eJ, County Attorney h:gebbie Armb'trong~ExecutiYe Sumrnaries'Cv~arshall 110600 3 r0 AGENDA ITEM '--' NO. _~. _~ MAR 2 7 2001 EXECUTIVE SUMMARY REQUEST FOR BOARD DIRECTION REGARDING SECTION 163.3215, FLA. STAT., VERIFIED COMPLAINT FROM VANDERBILT SHORES CONDOMINIUM ASSOCIATION, INC., VANDERBILT CLUB CONDOMINIUM ASSOCIATION, INC., THE MANSIONS CONDOMINIUM ASSOCIATION, INC., GULF COVE CONDOMINIUM ASSOCIATION, INC., AND VANDERBILT BEACH AND BAY ASSOCIATION, INC., CHALLENGING THE COUNTY'S APPROVAL OF SDP-2000-108 FOR THE VANDERBILT BEACHCOMBER RESORT AS INCONSISTENT WITH THE COUNTY'S COMPREHENSIVE PLAN OBJECTIVE: For the Board to provide direction to the Office of the County Attorney and staff in responding to a Section 163.3215, Fla. Stat., verified complaint (copy attached) served upon the Board by Vanderbilt Shores Condominium Association, Inc., Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and Bay Association, Inc., (hereinafter referred to as "Plaintiffs") challenging approval of SDP-2000-108 for the Vanderbilt Beachcomber Resort as being inconsistent with the County's comprehensive plan. CONSIDERATIONS: Section 163.3215, Fla. Stat., provides a procedure by which persons with standing who believe that an alleged development order violates a local government's comprehensive plan may challenge that development order. Specifically, such persons first must serve a verified complaint upon the local government and give the local .government thirty (30) days to respond. If the local government does not rescind it's action or respond in a way satisfactory to the complaining parties, those parties may then file a lawsuit in Circuit Court, provided other requirements of Section 163.3215, Fla. Stat., have been met. The Plaintiffs are challenging the County's approval of SDP-2000-108 for the Vanderbilt Beachcomber Resort as being inconsistent with a number of the goals, objectives and policies in the County's comprehensive plan. The approval occurred on or about January 29, 2001. Upon review of the verified complaint, neither the staff nor the Office of the County Attorney see eny basis for the Board to rescind or further review the approval of SDP-2000-108. FISCAL IMPACT: If litigation ensues, there will be an indirect cost to 'the Board in terms of staff time and attorney time in preparing for and defending the suit. There also may be~additional costs to the extent it becomes necessary to hire outside consultants to assist in defense of the suit. GROWTH MANAGEMENT IMPACT: Unknown at this time. RECOMMENDATION: approval of SDP-2000-108. That the Board take no action to rescind or further review the A C-.-.-.-.-.-.-.-.-~N D A ITE No. q - MAR 2 ? 2001 ] P~._ Prepared by: Michael W. Pettit, Assistant County Attorney Date: Reviewed and Approved by: David C. Weigel, County Attorney Date: h:Litigation/ExSumNand ShoresvsCCverif comp/031601 2 AGENDA ITEM MAR 2 7 2001 BEFORE THE BOARD OF COUNTY, FLORIDA COUNTY COMMISSIONERS Vanderbilt Shores Condominium Association, Inc.,Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and Bay Association, Inc., Plaintiffs, V. Collier County, Florida, Defendant, VERIFIED COMPLAINT OF COLLIER R£S,~.,W-/.; G~uN I~' ~DMINISTRATORS OFFICE ACTION, ~ILE_ Case No. The Vanderbilt Shores Condominium Association, Inc., the Vanderbilt Clubi!'~' ' Condominium Association, Inc., The Mansions Condominium Association, Inc., the Gulf Cove Condominium Association, Inc., and the Vanderbilt Beach and Bay Association, Inc., (the "Association"), and by and through their undersigned attorney, file this verified complaint with the Board of County Commissioners of Collier County, Florida, (the "County") pursuant to {}163.3215(4), F.S., and say: PARTIES 1. The defendant County is a political subdivision of the State of Florida and is responsible for implementing and enforcing the requirements of the Local Government Planning and l~and Development Regulation Act, Chapter 163, Part II, Florida Statutes (the "Act"), including the statutory requirement to adopt'a local comprehensive plan and to insure that all development orders 1 aP, IilIENO~[J_ .'~the NO. ~ MAR 2 7 2001 Pg. ~ County are consistent with the County's Comprehensive Plan (the "Plan"). 2. The Associations are non-profit organizations formed of and by the owners of condominium homes adjacent to or across the street from the proposed Vanderbilt Beachcomber Resort (the "Resort"). Each Association is organized to preserve and protect the homes and value of the condominium, to maintain and protect the common areas of the condominium, to assess and preserve the safety of the environment in and around their homes including safe public access to and from their property and in every event to prevent nuisances, encroachments and/or unlawful interference with the uses, utility, benefits and protections afforded by the approved Collier County Comprehensive Plan (the "Plan") enjoyed by their members. Each Association and the homeowners they represent will be directly and adversely impacted by the County's approval of SDP-2000-108. GENERAL ALLEGATIONS COMMON TO ALL PLAINTIFFS 3. On January 26, 2001, (or January 29, 2001) the County approved SDP- 2000-108 for the Resort; although this approval is inconsistent with a number of Goals, Objectives and Policies in the Plan which protect the Associations and their members. Florida's Growth~Management Act (the "Act") requires that all actions taken by local government in regard to development orders, such as Site Development Plan ("SDP") approval for the Resort, be consistent 2 with the approved AGENDA ITEM q MAR 2 7 2001 pg. t-..I , local Plan, and provides for citizen enforcement of consistency of development orders with the Plan. 5. Section 163.321511), F.S., says that "[a]ny aggrieved or adversely affected party" may bring a civil action for injunctive or other relief against any local government to prevent the local government "from taking any action on a. development order ... which materially alters the use or density or intensity of use" on .property in a manner that is not "consistent" with the .adopted local comprehensive plan. 6. §163.319413)(a) and (b), F.S., define "consistency" as follows: "(a) A development or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other as of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. "(b) A development approyed or undertaken by a local government shall be consistent With the comprehensive plan if the .land uses, densities or intensities, capacity or size, timing, and other aspects of the development are compatible with and further the objectix/es, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government." 7. As a condition precedent to seeking judicial relief pursuant to §163.321511), an aggrieved or adversely affected party must, in accordance with § 163.321514), file a verified complaint with the local government within thirty (30) days after the allegedly inconsistent action on a development order. This verified 3 A~DA lT[Ivi NO. _ q (~55 WAR 2 7 2001 Pg.__ ~ Complaint was filed on Monday, February 25, 2001, the next working day immediately following expiration of the 30 day period. 8. The property on which the Resort is planned consists of .9 acres on lots 50 and 51 of Block D of Vanderbilt Beach Estates Unit 1. STANDING 9. The plaintiffs are aggrieved or adversely affected parties as defined in §t63.3215(2). The interests of the plaintiffs and their members exceed in degree the general interest in community good shared by all persons in that they reside immediately contiguous to the Resort project and will be adversely affected by this major construction project. 10. As a result of the County's approval of SDP-2000-108, the Associations will suffer an adverse effect to interests protected or furthered by the County's Comprehensive Plan, including interests related to land use, densities and intensities of development, transportation facilities, conservation, natural resources and coastal zone management. APPROVAL OF SDP-2000-108 IS INCONSISTENT WITH THE COLLIER COUNTY COMPREHENSIVE PLAN 11. The Collier County Comprehensive Plan contains a Conservation and Coastal Management Element ("CCME") and a Future Land Use Element ("FLUE"). The FLUE designates the entire Vanderbilt Bay area, including all property on Gulf Shore Drive, within (1) the Urban Residential Su} 4 district, and (2) AGENDA ITEM MAR 2 7 2001 . Pg. the "Coastal High Hazard Area". The Plan places limitations on construction in this Subdistrict and this "Area" which are inconsistent with approval of' SDP-2000- 108. 12. Policy 5.2 under Objective 5 states that "all development" shall be consistent with the Plan and if not found consistent, "shall not be permitted". The inconsistencies noted above and below demonstrate a conflict with Policy 5.2. 13. The Resort is also located within the "Coastal High Hazard Area". Objective 12.1 states that the County must "encourage the undertaking of activities necessary to adoption by 1994, of hurricane evacuation time for a Category 3 storm of a maximum of 28 hours and by 1999, 27.2 hours. Activities will include . . . maintenance of equal or lower densities of the Category 1 hurricane vulnerability zone in the land use plan." The Resort has recently received approval of an increase in density from approximately 8 units per acre to at least 68 units per acre, in conflict with this Objective. 14. Objective 12.2 says the County shall ensure that building and development activities are 'carried out in a manner which minimizes the danger to life and property from hurricane~." Increasing the density of a hotel for this .9 acres site from 8 to 68 units is not consistent with ensuring that development activities minimizes the danger to life and (especially) property from hurri'canes, since the danger to a new 68 unit hotel will be increased. AGEND.~ITF. M MAR 2 7 2001 Pg.. ""7 15. Policy 12.2.2 requires the County to calculate the needs for public facilities based on adopted levels of service standards and future growth projections with the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of 45 dwelling units per gross acre with the coastal high hazard area. In addition, existing zoning not vested shall be. re-evaluated within three years and may change to a density level consistent with the FLUE. Approval of this SDP at a level of 68 units on .9 acre is inconsistent with this policy not to mention the Objective. 16. The other policies, goals and objectives in the CCME which are inconsistent with SDP2000-108 are listed below. Please request any more complete or thorough explanation in the event that the inconsistencies are not readily apparent: Policy 1.3.1 (relating to Natural Resources Protection Areas), especially deferring development in NEPAs; Goal 2 The county shall protect is surface and estuarine water resources; Policy 2.1.1, evaluating cumulative impacts; Objective 2.2, All discharges into canals or estuaries shall meet Federal water qualities; Policy Restrict development activities where such could adversely impact coastal water resources; Objective 2.5, require development to meet its current standards addressing stormwater management; Policy 2.5.1, identify land use activities'which have the potential to degrade the estuarine system (like a 68 unit hotel); Goal 6, AC-~DA IIF. M 6 NO. qt_'B_) , MAR 2 7 2001 PI~. <~ The County shall protect, conserve .... its wildlife habitat, including manatees which frequent the estuary behind the proposed hotel and marina, and Policies 6.1.2, 6.1.4, 6.1.5, and 6.1.8 thereunder; Objective 6.2, There shall be no unacceptable net loss of viable naturally functioning marine . . . wetlands, and policies 6.2.2, 6.2.3, and 6.2.7 thereunder; Objective 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat, and policies 6.6.1 and 6.6.2 thereunder; Goal 7, The County shall protect its fisheries and wildlife and policy 7.2.3 thereunder; Goal 10 which states that "The County shall protect, conserve, manage and appropriately use its coastal barriers including shorelines, beaches and dunes and will plan for and where appropriate, will restrict activities where such activities will damage or destroy coastal resources; and Policies 10.1.t and 10.1.3 thereunder which do not give hotel uses, residential or otherwise, any priority, and policy 10.1.5 which discourages marinas in order to protect manatees; Policy 10.3.12 which requires the use of PUDs for new developments or redevelopments proposed to take place with areas identified as the Coastal Barrier System; Objective 10.4 which says developed barriers and developed shorelines shall be continued to be restored and then maintained, when approPriate, by establishin§ mechanisms or projects which limit the effects of development and policies 10.4.1, 10.4.2, 10.4.3, 10.4.7 and 10.4.13 thereunder; Objective 10.6 and policies 10.6.1, 10.6.2, 10.6.3, and 10.6.4 thereunder. AGFJqDA ITEM 7 NO. ct ('1~5~'~ MAR 2 7 2001 Pg. c] 17. Goal 12 of the CCME requires the County to "make every reasonable effort to ensure the public safety" and "welfare of people and property_ from the effects of hurricane storm damage". Approval of this conditional use in conjunction with a "major expansion" of the hotel on a barrier beach is not a reasonable effort to protect property, much less people, from hurricane damage. 18. Objective 12.1 requires the County to "encourage" activities such as maintenance of equal or lower densities" in the category 1 hurricane vulnerability zone. Allowing major expansion of a nonconforming Use -- nonconforming by virtue of having a density 30% greater than now permitted -- directly on the barrier shoreline conflicts with this objective. Similarly, Objective 12.2 requires that the County "ensure that building and development activities are carried out [to] minimize danger to life or property from hurricanes". This major expansion and new conditional use will expose more property and people to danger from hurricanes since is directly on the beach. 19. Also, Objective 12.2 contains the statement: "All future unimproved requests for development in the coastal high hazard areas will be denied". 20. Policy 12.2.3 requires the County to participate in the National Flood Insurance Program ("NFIP"). This program prohibits certain kinds of construction, or improvements to existing construction, in "(v)" zones, which zones include the hotel. The proposed major expansion proposed exceeds the limits on improvements AGENDA ITEM 8 MAR 2 7 2001 to existing structures contained in the NFIP. The approval contained no studies or requirements for meeting the NFIP re luirements. 216. These and other provisions in the CCME and FLUE, defining and limiting uses in the coastal high hazard area, taken as a whole, prohibit approval of this SDP. The County's approval constitutes a violation of both the Act and the' County's own Plan. Pursuant to Section 163.3215(4), Florida Statutes, you are hereby requested to reply to this verified complaint within 30 days from the date of serx'ice hereof as required by law. As required by Florida Statutes, §92.525, the individuals signed below, for himself or herself and for the associations they represent affirm and state as follows: Under penalties of perjury, I declare that I have read the foregoing V~..~.~,d C om,.~_pla~nt and that_the facts stated in it are true: ~..'aZ~_,.7~- 57. t.-//~ 5 ~:-~ ' (Printed Name) as an authorized Officer of the Vanderbilt Shores Condominium Association, Inc. ~s an am'hofized Offi. zcer~of the V?nderbilt Club Condominium Association, Inc. /,'~%,-~-,../, //. ,,~..,,,/_,a.,//,::. ~-" (Printed Name) as -ar~ autho/5:z~d Offic~'r of The Mansions Condominium Association, Inc. as an auth6rized Officer of Gulf Cove Condominium Association, Inc. 9 AOJENDAJTEM t~o.. MAR 2 ~ 2001 0 FI K l) X, 1,4/.[,~ [..,??~' i -':- (Printed Name) as an authorized Officer of the Va;~derbilt Beach aud Bay Association, Inc. WHEREFORE, the plaintiffs request that the County determine that approval of SDP-2000-108 is inconsistent with the Plan and rescind approval of SDP-2000- 10g. Respectfully submitted to and serve~on the County on February 2~, 200/ / ,/ , L-~'" ~ ~.. David W. Rynders, l~sq. /. . Attorney for the Plamtxffs Fla. Bar No. 129235 305 Wedge Drive Naples, Florida 34103 Ph:(941) 434-8370, Fax: (941) 434-8310 10 AGENDA ITEM MAR 2 7 2001 Pg. EXECUTIVE SUMMARY RECOMMENDATION, PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95-632, THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT TO RETAIN OUTSIDE COUNSEL TO REPRESENT AN INDIVIDUAL COUNTY EMPLOYEE SUED IN RICKETTS V. COLLIER COUNTY, CASE NO. 2:01-CV-76-FTM-29DNF, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, AND WAIVE THE PURCHASING POLICY TO THE EXTENT IT APPLIES TO THE SELECTION OF OUTSIDE COUNSEL. OBJECTIVE: For the Board to authorize the Office of the County Attorney and the Risk Management Department to seek and retain counsel for an individual county employee sued in Ricketts v. Collier County, Case No. 2:01-CV-76-FTM-29DNF, United States District Court for the Middle District of Florida, and waive the Purchasing Policy for purposes of retention of the outside counsel to the extent such a waiver is necessary. CONSIDERATIONS: Resolution No. 95-632 sets forth the Board's policy with regard to providing legal defenses and paying legal expenses of county staff who are sued in civil rights lawsuits. A copy of Resolution No. 95-632 is attached. The County and Solid Waste employee Anthony Asaro have been sued in Ricketts v. Collier County, for alleged civil rights violations. The Office of the County Attorney and the Risk Management Department recommend that Mr. Asaro be provided legal counsel in accordance with Resolution No. 95-632. The Office of the County Attorney will represent the County in the lawsuit. Given that suit has already been filed, it is imperative that investigation of the complaint be commenced as soon as possible. Accordingly, based on these exigent circumstances and in the best interest of the County, it is further recommended that the Board waive the Purchasing Policy to the extent it applies to procurement of legal services under Resolution No. 95-632 and authorize the Office of the County Attorney in conjunction with the Risk Management Department to seek and retain counsel for Mr. Asaro by the most expeditious means possible. The Office of the County Attorney and Risk Management Department will proceed by identifying an attorney or attorneys who have experience in civil rights matters and making contact with that attorney or those attorneys to determine their interest, rates and capabilities. FISCAL IMPACT: The hourly charges for most litigation attorneys who would be retained to represent the employees in a case such as this would likely run in the neighborhood of $150.00 per hour or greater. To the extent it is not possible to retain experienced counsel ranging from $150.00 to $175.00 per hour, the County Attorney and the Risk Management Director will report back to the Board. The '"'"~r.J~[~,~" NO. "1(c') t,4AR 2 7 2001 ........... L ...... J~, be aware that should it be necessary for this case to be taken through the trial process, outside counsel fees could be in the $40,000.00 range. Funds to defray these attorney's fees would come from the County's Property and Casualty Self Insurance Retention Fund No. 516. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the retention of an attorney to represent Mr. Asaro in the named lawsuit and waive the Purchasing Policy to the extent necessary and authorize the Office of the County Attorney and the Risk Management Department to seek and retain the attorney with rates not to exceed a range of $150.00 to $175.00 per hour. PREPARED BY: Michael W. Pettit, Assistant County Attorney Date: Risk Management Director Date: REVIEWED BY: Date: APPROVED BY: Steve Carnell, Purchasing Director David C. Weigel, County Attorney Date: h:Litigation/ExSum/Ricketts/031601 2 ^GF. ND~ ~ NO. '-'t LC ) M,~.,~ 2 7 2001 Pg. RESOLUTION NO. 95- 632 A RESOLUTION BETTING FORTH THE POLICY OF THE BOARD OF COUNTY COMMZBBIONERB WITH REGARD TO PROVIDING A I LEGAL DEFENBE AND PAYING LEGAL EXPENBEB OF COUNTY COF~fZBBZONERB~ COUNTY STAFF AND COUNTY ADVZBORY BO~I~D NEHBERB. NHEREAS, the Board of County Co~issioners and ~he Collier County management and legal staff are constantly presented with the necessity for making decisions regarding all phases of County policy, management and legal counsel, respectively; and N~rlEREAS, local governments and their employees have .recently become subject to increasing numbers of lawsuits based upon state and federal laws; and I~IE~EAS, it is essential to the effective operation of County government that policy, management and legal decisions be made competently, in the public interest, and with the threat of personal liability for board and staff members for making said decisions being maintained at a minimum so as to avoid the "chilling effect" on the proper and diligent performance of public duties recognized by the Florida Supreme Court in Thornber v. City of Fort Walton Beach, 568 So.2d. 914 (1990); and WHEREAS, Florida statutory and case law, as well as Attorney' General opinions (hereafter referred to as "AGO"), set forth the requirements and discretion which are afforded to the local governing body to formulate a policy regarding the provision of counsel and payment of legal expenses for Board members, County staff and advisory board members who are involved in litigation arising out of or in connection with the performance of official duties and while serving a valid public purpose; and WHEREAS, Collier County insurance policies currently include County employees as well as Board members and members of the Administrator's and County Attorney's staff within the scope of coverage, provided that said persons are acting within the scope of their employment and do not act cr~~.~ fraudulently; and ~0. ~ 2 ? 2001 WHEREAS, the B6ard of County Commissioners (hereafter also referred to as "Board") desires to hereby set forth and f~rmalize its policy with regard to the provision of legal counsel and the payment of legal expenses incurred by County Commissioners and administrative and legal staff so as to promote competent decisions and conduct in the public interest While reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for County Commissioners and County staff members .while acting in the scope of their official duties and while serving a valid public purpose. WHEREAS, the various advisory boards, quasi-judicial boards and regulatory boards (hereafter also collectively referred to as "advisory board(s)") formed by the Board of County Commissioners, and the members thereof who are appointed by the Board of County Commissioners, serve a critical function with regard to the operation of Collier County Government; and WHEREAS, the members of such boards serve on a volunteer basis without compensation for the time spent in performing their duties and functions; and WHEREAS, said boards and board members are regarded by the Board of County Commissioners as being within the umbrella of legal protection afforded to the Board of County Commissioners and other Collier County employees; and WHEREAS, the Board hereby desires to set forth and formalize its policy with regard to the provision of legal counsel and the payment of legal expenees incurred by advisory board members so as to promote icompetent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for advisory board members while acting in the scope of their official duties and while serving a valid public purpose. NOW THEREFORE, BE IT RESOLVED BY THE BOARD CF AGENDA ITEM COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: -2- 2 7 2001 1. Dsfinition' of "county ~erson(s),,~ As used in this Resolution, the term "County person(s)" shall mean and include the~ members of the Board of County Commissioners, the County Administrator and his staff, the County Attorney and his staff, all employees cf the Board of County Commissioners as well as the Collier County Airport Authority Director and his staff, the Director and staff of any other County-created authority, the officers and staff of any dependent or other special district for which the Collier County Board of County Commissioners is the governing body or ex-officio the governing body thereof, and any person appointed by the Board of County Commissioners to a Collier County Advisory Board, quasi-judicial board or regulatory board formed by the Board of County Commissioners of Collier County, Florida. 2. Pursuant to Section 111.07, Florida Statutes, and Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla. 1990), the Board hereby resolve~ to provide legal representation to County persons in civil a=tions and in civil rights actions subject to the limitations set forth herein. a. Legal representation shall be provided in civil actions and in civil rights lawsuits only if the litigation involving the County person to be represented arises out of or in connection with the performance of official duties and while said County person was serving a valid public purpose. No representation shall be provided in tort actions if the County person acted or failed to act 'in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. No representation shall be provided to any County person in a civil action or civil rights action where said County person acted or failed to act with intent to ha~q~. No A C-. -. -. -. -. -. -. -. -. ~N D A ITEM representation shall be provi~ed N~. anyq(~se --3-- 2 ? 2001 pg. .~-- bo wher~ the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reason(s) within the County person's scope of employment and served a valid public purpose. Collier County shall at all times have the discretion to determine whether to directly represent such individual through the County Attorney's office or to select counsel to represent said County person in the civil action or civil rights action. If a County person chooses to obtain private legal counsel without prior authorization from Collier County, all fees and/or costs incurred by such person shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of legal fees and/or costs. Any legal fees and/or costs properly payable under this Policy must be reasonable in amount. Pursuant to Section 111.07, Florida Statutes, any attorney's fees and/or costs paid or incurred by the County for any County person who is found to be personally liable by virtue of acting outside the scope of employment, in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property, may be recovered by the County in a civil action against such County per~on. Notwithstanding anything else stated in this section or this Resolution, the Boa] o sR~N~R~EM the sole and absolute discretion a~w~~-~ -4- 2 7 2001 Pg ...... (O Section 111.07, Florida Statutes, as well as by applicable case law, to not provide legal ; representation and to instead reimburse any County person for reasonable attorney fees and/or costs in the event that said County person prevails in the civil or civil rights action. 3. Pursuant to Sections 111.071 and 111.072, Florida Statutes, the County shall pay for final Judgments, settlements and/or costs involving county persons in civil actions and in civil rights actions subject to the limitations provided herein. Collier County shall pay final judgments, settlements and/or costs involving County persons only where the litigation arose out of or in connection with the performance by the County person of official duties and while serving a valid public purpose. No final judgment, settlement or costs shall be paid for by the County in a civil action or a civil rights action if the County person against whom the final judgment, settlement and/or costs have been imposed has acted or failed to act with intent to harm. The County shall not pay any final judgment, settlement and/or costs in tort actions where a County person has acted or failed to act with bad faith, malice or with wanton and willful disregard of human rights, safety or property. No judgment and/or costs shall be paid in any case where the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board Commissioners specifically finds meeting, that said failure to --5-- of County AGENDA ITEM leqal 2 ? 2001 advide was for reasons within the County person's scope of employment and served a valid I public purpose. b. Any final judgments, settlements and/or costs paid or incurred by the County shall be in strict adherence with the sovereign immunity ~ recovery limits set forth in Section 768.28, Florida Statutes. c. If the County person has had private legal representation in the case, contrary to the provisions of Section (2) (b) of this Policy, any final judgment, settlement and/or costs imposed shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of the final judgment, settlement and/or costs. d. Pursuant to Section 111.071(4), this section is Dot intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. 4. In cases where a County person is formally charge4 with a criminal violation, the County shall pay the legal fees and/or costs incurred by said County person only under the following circumstances: a. The charges against the County person arose out of or in connection with the performance of official duties and while serving a valid public purpose. b. The County person has been acquitted or the charges dismissed. L~melo v. City of sunrise, 423 So. 2d. 974 (4th DCA 1982), pet. for rev. dismissed at 431 So.2d. 988 (Fla. 1983), and AGO 89-33. The legal fees and/or costs reasonable in amount. --6-- NO. _. q(['_) H.',F: 2 7 2001 5. The County shall pay legal fees and/or by County persons in cases involving formal --7-- T The County person has first notified the County administration and legal staff of the pendency of the charges and has permitted the County the opportunity to either directly provide counsel or to allow said County person to choose his/her own counsel. The charges have not resulted from the willful failure of the County person to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of a criminal case shall be paid by the County only for proceedings involving potential criminal liability for the County person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 4b, c, d and e of this Resolution shall also govern these Cases. In the event that the County person has been provided legal representation by the County and the County person is found guilty of a criminal charge, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. 2 7 2001 Pg. q subject to the limifations provided herein: a. The ethics charges arose from conduct related to the performance of official duties and while serving a valid public purpose. Ellison v. Reid, 397 So. 2d. 352 (1st DCA 1981) and AGO's 85-51 and 90-74. The County person has prevailed and successfully defended against the ethics charges. The legal fees and/or costs charged are reasonable in amount. The County person has first notified the County administration and legal staff of the pendency of the charges and has permitted the County the opportunity to either directly provide counsel or to allow said County person to choose his/her own counsel. The charges have not resulted from the willful failur~ of the County person to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stage= of an ethics complaint shall be paid by the County only for proceedings involving potential civil and/or criminal liability and/or ethics sanctions for the County person and where the allegations are ultimately determined to be fe unfounded and to have arisen related to the performance of and while serving a valid public --8-- from conduct PUZ~l~.~ e · MAR 2 ? 2001 94-11'. The provisions of Subsections 5b, c, d and e of this Resolution shall also govern these i cases. g. In ~he event that the County person has been provided legal representation by the County and the County person is found by the Florida Ethics Commission or other appropriate tribunal having jurisdiction over the case to have committed ethical violations, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. h. Nothing in this section shall be construed to preclude the County Attorney from requesting formal or informal ethics opinions on behalf of one or more commissioners. 6. The County shall pay legal fees and/or costs incurred by County persons in casss involving non-county a~ministrative and/or regulatory proceedings and/or formal charges subject to the limitations provided herein: a. The proceedings and/or charges arose from conduct related to the performance of official dutie~ and while ~erving a valid public purpose. b. The County person has prevailed and successfully defended against the proceedings and/or charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County Administration and legal staff of the pendency of the proceedings and/or charges and has permitted the County the opportunity to directly provide counsel or to allow said County person to choose his/her own counsel. The charges and/or proceedings have from the willful failure of the --9-- by individual members of the Board of County Comm instituting, as opposed to defending, litigation o -10- follo~ the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by the County person during the pendency of the proceedings and/or the investigatory, pre-charge stages of an administrative or regulatory case shall be paid by the County only for proceedings and/or charges involving potential civil and/or criminal liability and/or administrative/ regulatory sanctions for the County person and where the allegations are ultimately determined to be unfounded and to have risen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 6b, c, d and e of this Resolution shall also govern these Cases, g. In the event that the County person has been provided legal representation by the County and the County person is found, by an administrative or regulatory agency or other appropriate tribunal having Jurisdiction over the case, to have civil or crliminal liability and/or to have violated administrative or regulatory rules, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. The County shall pay legal fees and/or costs incurred of the following circumstances are present: a. The litigation arises from or in connection with I the Board members performance of official duties and the litigation serves a valid public purpose. b. This section shall apply only to members of the Board of County Commissioners and not to any other "County person" defined in Section I of this Resolution. c. The Board member must prevail in said litigation. d. The legal fees and/or costs are reasonable in amount. e. The Board member shall have first notified the Board of County Commissioners, the County Administrator and the County Attorney prior to the commencement of the litigation and shall have permitted the County the opportunity to either directly provide counsel or to allow said Commissioner to choose his/her own counsel. f. The litigation has not resulted from the willful failure to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the Commissioner's scope of employment and served a valid public purpose. g. In the event that the Commissioner has been provided legal representation by the County and the Commissioner does not prevail in the litigation, then the County may recover from the Commissioner in a civil action all legal fees and/or costs paid or incurred by the AGENDA ITEM. 8. Ail preliminary decisions adminis~ ~ri~._a_n~ M,'.2 2 7 2001 implementing this policy shall initially be made by the County Administrator and/or his designee and the Office of the County Attorney in cooperation and consultation with each other's respective offices. Both offices are hereby delegated the power to make any lawful and reasonable investigation and evaluation of cases arising under this policy. Said evaluation shall take into account all available relevant information in addition to the nature, type, number and substance of the allegations contained in any' pleadings filed and/or served in any legal proceeding. All final determinations regarding the implementation and administration of this policy shall be made only by the Board of County Commissioners which is in accordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board shall, also make all final determinations regarding the provision of a legal defense and/or paying legal expenses of County persons for any type of legal claim or suit arising from a County person's performance of official duties while serving a valid public purpose if said type of claim or suit is not specifically addressed by this Resolution. 9. Collier County Board of County Commissioners Resolution Noe. 85-126 and 85-178 are hereby repealed and superseded in their entirety. This Resolution adopted after motion, second and majority vote favoring same. DWIGHT' E i .. BROCK, Clerk Approved as to form and leg~ 1.',[ su'ffic iency: BOARD OF COUNTY COMMISSIONERS -Ramiro Mah~lich Chief Assistant County Attorney 5373 --12-- AGEND&~M NO. ~. (~_. M,'.S 2 7 2001 NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that the Board of County Commissioners of Collier County, as announced at the Growth Management Workshop Board's meeting on March 16, 2001, and pursuant to Section 286.011(8), Florida Statutes, will meet in executive (closed attorney-client) session on TUESDAY, MARCH 27, 2001 in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The closed session will occur during the County Attorney's Report, which will be heard after all other regular agenda items, and will be attended by the members of the Board, the County Manager, the County Attorney and Assistant County Attorney Michael W. Pettit. The Board in executive session will discuss: Settlement negotiations and/or strategy related to litigation expenditures of the pending litigation case of KIMBERLY D. DALTON v. ISLE OF CAPRI FIRE AND RESCUE DISTRICT, a division of COLLIER COUNTY, a local county government, Case No. 99-534-CIV.FTM-29DNF, pending in the U.S. District Court, Middle District, Fort Myers Division. The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened and the person chairing the meeting shall announce the termination of the session. The Board shall then proceed to hear Agenda Item 9.E., Board direction regarding settlement negotiations and litigation expenditures in the Case of KIMBERLY D. DALTON v. ISLE OF CAPRI FIRE AND RESCUE DISTRICT, a division of COLLIER COUNTY, a local county government, CASE NO. 99-534-CIV-FTM-29DNF, pending in the U.S. District Court, Middle District, Fort Myers Division. The transcript shall be made part of the public record upon conclusion of the litigation. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) AGENDA IT~~ NO. MA2 2 7 2001 EXECUTIVE SUMMARY REQUEST FOR BOARD DIRECTION REGARDING SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE CASE OF KIMBERLY D. DALTON V. ISLE OF CAPRI FIRE AND RESCUE DISTRICT, A DIVISION OF COLLIER COUNTY, CASE NO. 99-534-CIV- FTM-29DNF, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA (COMPANION ITEM TO AGENDA ITEM 9.D TO BE HEARD IMMEDIATELY AFTER AGENDA ITEM 9.D). OBJECTIVE: For the Board of County Commissioners to provide direction to the Office of the County Attorney and the Risk Management Department with respect to settlement negotiations and litigation expenditures in the case of KIMBERLY D. DALTON v. ISLE OF CAPRI FIRE AND RESCUE DISTRICT, Case No. 99-534-CIV- FTM-29DNF, which is pending in the United States District Court for the Middle District of Florida. CONSIDERATIONS: The Case of KIMBERL Y D. DALTON v. ISLE OF CAPRI FIRE AND RESCUE DISTRICT, involves allegations by the Plaintiff of sexual discrimination and hostile work environment. Mediation has taken place in the case and a settlement offer of $30,000.00 has been received from the Plaintiff. Pursuant to Section 286.011 (8), Fla. Stat., the Office of the County Attorney will meet with the Board in closed session to discuss settlement negotiations and strategy for litigation expenditures related to the case. As a result of said session, the Office of the County Attorney will need direction from the Board with regard to the pending settlement proposal, settlement negotiations and litigation expenditures for the case. FISCAL IMPACT: The fiscal impact depends on whether any settlement amount is authorized by the Board. Funds for any such settlement payment are available in the Property and Casualty Self Insurance Retention Fund. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board direct the Office of the County Attorney and Risk Management Department in regard to settlement negotiations and litigation expenditures in the case of KIMBERL Y D. DALTON v. ISLE OF CAPRI FIRE AND RESCUE DISTRICT. PREPARED BY: Michael W. Pettit, Assistant County Attorney AGENDA ITEM NO. MAR 2 7 2001 REVIEWED BY: Date: ..~,/~/~/?-', APPROVED BY: Je~ V~'lker, CPCUARM Risk Management Director David C, Weigel, ~-~ County Attorney Date: h:Litigation/OpenCases/Dalton/ExSum/031601 2 AGENDA ITEM NO. __~ I~AR 2 7 2001 NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that the Board of County Commissioners of Collier County, as announced at the Growth Management Workshop Board's meeting on March 16, 2001, and pursuant to Section 286.011(8), Florida Statutes, will meet in executive (closed attorney-client) session on TUESDAY, MARCH 27, 2001 in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The closed session will occur during the County Attorney's Report, which will be heard after all other regular agenda items, and will be attended by the members of the Board, the County Manager, the County Attorney and Assistant County Attorney Michael W. Pettit. The Board in executive session will discuss: Settlement negotiations and/or strategy related to litigation expenditures of the pending litigation case of MAXIE D. HOLMES v. COLLIER COUNTY, a political subdivision of the State of Florida, Case No. 2:00-CV-262-FTM-24D, pending in the U.S. District Court, Middle District, Fort Myers Division. The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened and the person chairing the meeting shall announce the termination of the session. The Board shall then proceed to hear Agenda Item 9.G., Board direction regarding settlement negotiations and litigation expenditures in the Case of MAXIE D. ttOLMES v. COLLIER COUNTY, a political subdivision of the State of Florida, CASE NO. 2:00-CV-262~ FTM-24D, pending in the U.S. District Court, Middle District, Fort Myers Division. The transcript shall be made part of the public record upon conclusion of the litigation. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) MAR 2 7 2001 EXECUTIVE SUMMARY REQUEST FOR BOARD DIRECTION REGARDING SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE CASE OF MAXIE D. HOLMES V. COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, CASE NO. 2:00-CV-262- FTM-24D, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA (COMPANION ITEM TO AGENDA ITEM 9.F TO BE HEARD IMMEDIATELY AFTER AGENDA ITEM 9.F). OBJECTIVE: For the Board of County Commissioners to provide direction to the Office of the County Attorney and the Risk Management Department with respect to settlement negotiations and litigation expenditures in the case of MAXIE D. HOLMES v. COLLIER COUNTY, Case No. 2:00-CV-262-FTM-24D, which is pending in the United States District Court for the Middle District of Florida. CONSIDERATIONS: The case of MAXIE D. HOLMES v. COLLIER COUNTY, involves allegations by the Plaintiff of age discrimination arising out of the County's decision not to hire him as an EMS helicopter pilot. A settlement offer of $100,000.00 has been received from the Plaintiff. Pursuant to Section 286.011 (8), Fla. Stat., the Office of the County Attorney will meet with the Board in closed session to discuss settlement negotiations and strategy for litigation expenditures related to the case. As a result of said session, the Office of the County Attorney will need direction from the Board with regard to the pending settlement proposal, settlement negotiations and litigation expenditures for the case. FISCAL IMPACT: The fiscal impact depends on whether any settlement amount is authorized by the Board. Funds for any such settlement payment are available in the Property and Casualty Self Insurance Retention Fund. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board provide direction to the Office of the County Attorney and Risk Management Department in regard to settlement negotiations and litigation expenditures in the case of MAXIE D. HOLMES v. COLLIER COUNTY. PREPARED BY: Michael W. Pettit, Assistant County Attorney AGENDA ITEM 2 7 2001 Pg ........... l .............. REVIEWED BY: APPROVED BY: Je~Warker, CPCUARM Risk Management Director David C, Weigh[ ' ~ County A~orney Date: Date: h: Litigation/OpenCases/Holmes,MaxieD/ExSum/031601 AGENDA ITEM MAR 2 7 200I EXECUTIVE SUMMARy APPOINTMENT OF MEMBER(S) TO THE HEALTH FACILITIES AUTHORITY OBJECTIV.E..: To appoint 2 members to :.'~rve 4 year terms, expiring on March 27, 2005. CONSIDERATION. S.; The Board of County Commissioners created the Health Facilities Authority of Collier County on November 20, 1979, by Ordinance No. 79-95 in accordance with Chapter 154 of the Florida Statutes. The purpose of the Authority is to assist health facilities in the acquisition, construction, financing and refinancing of projects in any corporated or unincorporated area within the geographical limits of Collier County. A list of the currem membership is included in the backup. There are curremly 2 vacancies on the authority. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTO, R. ADV. COMM. Anthony Rispoli CPA 3 Yes N/A N. Rex Ashley CPA 4 Yes N/A George C. Mohlke, Jr. Political Science 4 Yes N/A COMMITTEE RECOMMENDATION: George C. Mohlke, Jr. N. Rex Ashley FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appoimment; appoint 2 members and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: MARCH 27, 2001 Collier County Health Facilities Authority 5150 Tamiami Trail North, Suite 602 Naples, Florida J ,1103 (941) 263-8060 Michael A. Davis Chairman Edward J. Oates, Jr. Joan M. Colfer, M.D., M.P.H. February 26, 2001 Sue Filson, Administrative Assistant Board of County Commissioners Collier County Courthouse, Bldg. F Naples, FL 34112 RE: Collier County Health Facilities Authority; Appointments Dear Sue: The Health Facilities Authority has two vacancies, and we understand George C. Mohlke, Jr. and N. Rex Ashley have applied for appointment. I, and the other members of the Authority are acquainted with both of these men, and I highly recommend their appointment. If you should have any questions or require additional information, please do not hesitate to contact me. Very truly yours, Michael A. Davis Chairman Sam~ Robert V. Peacock 2149 Pinewoods Circle Naples, FL 34105 District: 2 Category: ~ TableC°x Court Naples, District: Category: - Joan Colfer 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Health Dept. Director Mike Davis 6120 ISthAvenue, S.W. Naples, FL 34116 District: 3 Category: Edward J. Oates, Jr. 2935 Bellflower Lane Naples, FL 34105 District: Category: Health Facilities Authority ~Fork Phone /tppt'd Exp. Date Term Home Phone DateRe-appt 2halF. Date 2nd Term 203-7721 06/I 6/98 06/15/02 4 Years 261-4,787 261-2554 09/27/94 09/19/98' 774-1449 4 Yeats 774-8210 04/11/00 06/15/02 2 Years 643-1777 06/16/98 06/15/02 455-2818 4 Years 11/23/99 11/23/03 4 Years 262-7160 Thttrsday, ~4pri113, 2000 Page I of 2 Health Facilities Authority Work Phone /lppt'd ~ Date Term Name Home Phone DateRe-appt 2ndExl~Date 2nd Term This 5 member authority was created on November 20, '1979, by Ordinance No. 79-95 in accordance with Chapter 154 of the Florida Statutes. The purpose of the authority is to assist health facir;ties in the acquisition, construction, financing and refinancing of projects in any corporated or unincorporated area within the geographical limits of Collier County. Members are subject to filing a Financial Disclosure Form I annually with the Supentisor of Elections. Qualifications: County Resident, 18 years of age. Terms are 4 years. Fl. ST~I T: Chapter 154 Etaff: Donald A. Pickworth, Attorney: 263-8060 Thursday, April 13, 2000 Page 2 oi'2 MEMORANDUM DATE: July 9, 1999 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistan~ . .~ ?'~/ 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. HEALTH FACILITIES AUTHORITY COMMISSION DISTRICT Anthony Rispoli 241 Monterey Drive Naples, FL 34119 N. Rex Ashley 1044 Castello Drive, #106 Naples, FL 34103 ! Thank you for your help. - A-GE DA, NO. MEMORANDUM DATE: December 11, 2000 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistant~~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HEALTH FACILITIES AUTHORITY George C. Mohlke, Jr. P.O. Box 2312 Naples, FL 34106 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: July 9, 1999 TO: Don Pickworth FROM: Sue Filson, Administrative Assistant Board of County Commissioners Health Facilities Authority As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Anthony Rispoli 241 Monterey Drive Naples, FL 34119 N. Rex Ashley 1044 Castello Drive, #106 Naples, FL 34103 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. 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 IEC-14-2000 18:49 FROM:N REX ASHLEY CPA PA 9412614085 T0:?743602 P.001 N. Rex Ashley P.A. --'"emf~O Puiolic Accoun~on~ 1044 Caszello Dr · Suite. Naples, Ronda 3~103-2994 T~-:¢phone (941) 26t-7200 Fax (g41) 261-40B5 FItX HEAOER. SHEET DATE: TO: FAX # COMMENTS: FROM: FAX # (947)__261-4085 .... COMMENTS: TOTAL ~ OF PAGES (including cover page) Please call (941) 261-72~0 if ~ou have any this transmission. questions regarding AGENDA/IXE~ NO, ~/..L2 )EC-14-2000 18:49 FROM:N REX ASHLEY CPA PA 9412614085 T0:?743602 P.002 N. REX ASHLEY CPA P.A. 1044 CASTELLO DRIVE # 106 NAPLES , FLORIDA 34103 December 14, 2000 Sue Fiison Collier County Boa~l of Commissioners Dear Sue Please accept this letter as my request to be appointed to the Collier County Health Facilities Financing Authority. I would like the opportunity to contribute my time by assisting this body in its duties. I am attaching a brief resume of my involvement in the communily and I would be happy to answer any questions you might have in the consideration of my application. N. Rex Ashley CPA / NO. _ N. Rex Ashley RESUME PERSONAL: Born: Family: £DUCA?ION: PROF£SS I ONAL: Affiliations: Organizations: CIVIC September t6, 1947 Franklin, Indiana Son - Noel Graduated from the Collier County school system in 1965. Graduated from Florida State University in 1969 with a B,S. in Accounting. Numerous continuing education courses in various areas of tax, accounting, management, non-profit organizations and governmental entities. 1969-1973 - Staff accountant for Tornwall, Lang & Lee, CPA's, St. Petersburg, Florida. 1973-1978 - Partner with Ashley & Co.. CPA's, Naples, Florida. 1978-19B~ - Partner with Taylor Edenfield. Gilliam & Wiltshire, CPA's, Naples, Florida, 19$2-Present - President of N. Rex Ashley, CPA, P.A., Naples, Florida. Florida Institute of CPA's American Institute of CPA's Tax Division of American Institute of CPA's 19?5-Present - Swamp Buggy, Inc., holding offices of treasurer, vice president and president. 19?8-Present - Rotary International, holding local club offices of treasurer, secretary and president. 1984-1989 -.Naples Area Chamber of Commerce. of treasurer, vice president and president, 1991-Present - Member of Tiger Bay Club of holding office of secretary/treasurer, holding offices Collier County, 1992-Present - Member of Collier County 4-H Foundation, holding office of treasurer, 1992-1999 - Member of Collier County Edu~atl%l). holding office of treasurer, board member. December 10, 2000 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 U. S. 41 East Naples, FL 34112 Dear Ms. Filson: In Saturday's Daily News, I noted that the County Board was looking for residents to serve on several advisory committees. Based on my background and interests, I would like to serve on the Health Facilities Authority Advisory Committee. I have resides within Collier County since 1991, and have almost 30 years experience in health care management and the development of numerous projects. I have included a brief resume of my experience, and look forward to discussing this advisory role with you. Anth~tnY Ri~75 li ANTHONY C. RISPOLI, MBA, CPA RESIDENCE 241 Monterey Drive Naples, Florida 34119 · Phone: 941.348.8316 · Fax: 941.348.8316 · E-Mail: trispoli msn.com SUMMARY OF QUALIFICATIONS Senior level executive with extensive fmancial background in developing and turning around a variety of entities, both for profit and not for profit. Significant operating experience in all facets of financial management. Extensive experience in the selection and improvement of appropriate information technology systems for various entities. PROFESSIONAL EXPERIENCE 2000-Present CHIEF FINANCIAL OFFICER Ruth Cooper Center Fort Myers, Florida 1995-2000 PRESIDENT Anthony C. Rispoli & Associates Naples, Florida Providing consulting and interim financial management for a variety of clients. Also led projects in business development, and strategic financial management 1996-1998 Innovative Systems Development Vice President and Chief Financial Officer Toledo, Ohio 1991-1994 VICE PRESIDENT, EASTERN REGION Premier Ambulatory Services/Diversified Health Centers Naples, Florida 1983-1991 SENIOR VICE PRESIDENT, OPERATIONS AND FISCAL SERVICES A~AffEM Good Samaritan Medical Center Zanesville, Ohio 1984-1991 VICE CHAIRMAN AND TREASURER American Health Resources Zanesville, Ohio 1980-1983 DIRECTOR OF INSTITUTIONAL SERVICES Hutzel Hospital Detroit Medical Center Detroit, Michigan 1978-1980 MANAGER Arthur Young and Company Detroit, Michigan 1974-1978 ASSISTANT HOSPITAL DIRECTOR Hutzel Hospital Detroit, Michigan LICENSES · CPA, State of Florida · Series 7 and 63 Registered Representative of NASD · Health, Life and Variable Annuity Insurance, State of Florida EDUCATION · MBA, University of Michigan, Ann Arbor, Michigan · BA, Rhode Island College, Providence, Rhode Island (with honors) AOF. NDA ITeM MEMORANDUM DATE: TO: FROM: December 11, 2000 Donald A. Pickworth 5150 N. Tamiami Trail, #602 Naples, FL 34103 Sue Filson, Administrative Assist Board of County Commissioners Health Facilities Authority As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: George C. Mohlke, Jr. P.O. Box 2312 Naples, FL 34106 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AC~.NDA rl~M NO. Fraser & Mohlke Associates, Inc.. 37S Second Avenue South - West Rear Post Office Box 2312 Naples, Florida 34106-2312 Telephone: (941) 262-1410 Telecopier:. (941) 262-11~0 e-mMl: framoh~aol, com November 28, 2000 The Honorable Sue Filson Executive Board Secretary Collier County Board of Commissioners 3rd Floor - W. Harmon Turner Administration Building County Government Center Naples, Florida 34112 Dear Ms. Filson: RE: Collier County Health Facilities Authority In response to the notice of a vacancy, I am submitting my name for Board consideration for the position of member of the Collier County Health Facilities Authority, created by the County pursuant to Chapter 154, Florida Statutes, Enclosed is a "Professional Biography" summarizing my relevant experi- ence for you review and comment. If you require further information, I welcome your inquiry and I will sub- mit the required response in a timely manner. Thank you for your consideration in this matter. Very truly yours, PROFESSIONAL BIOGRAPHY: GEORGE C. "CHUCK" MOHLKE, JR. George C. "Cl~ck" Mohlke, Jr. is a cum laude graduate in Political Science from the University of Minnesota. He is President and Market Research Director of Fraser & Mohlke Associates, a research and public relations firm in Naples, Florida established in 1984. Fraser and MohlRe provides a range of market research, marketing, and public relations services to Collier County's business community and local gov- ernments. Prior to coming to Florida in 1969, Mr. Mohlke worked in the mar- ket research departments of two advertising agencies and a large consumer- products company. Fraser & Mohlke's experience includes planning and feasibility studies for. a variety of clients in private enterprise, non-profit organizations and govern- ment units. The firm is completing its thirteenth consecutive public opinion survey for Collier County government, conducted for the Florida Institute of Government located at Edison Community College's Fort Myers campus. In 1991, Governor Lawton Chiles appointed Mr. Mohlke as a member of the selection committee which cho~e the site of Florida Gulf Coast University [FGCU], the tenth and newest member of the State University System, that opened August 25, 1997. Currently, he is serving by appointment of the Board of Commissioners on the Rural Fringe Area Assessment Oversight Committee; the Committee is conducting an evaluation of land-use and environmental impacts ordered by Florida's Governor and Cabinet before a development mor~orium can be lifted on rural lands contiguous to Collier County's urban area. He continues to serve as a member of the County's Transit Review Adviso- ry committee [TRAC] that is implementing a pI:~ to provide transit services in Collier County by the Spring of 2001. '--~A'i~EM MEMORANDUM DATE: TO: FROM: March 19, 2001 Board of County Commissioners Jim Coletta, Commissioner District 5 Shellfish Farming in Everglades City Attached to this memorandum is a copy of a letter dated February 12, 2001 to Councilman Robert Robinson of Everglades City from Mark Berrigart, Chief of the Bureau of Aquaculture Development, Department of Agriculture, regarding shellfish farming in Florida. Shellfish farming is something that Everglades City is interested in pursuing and Mr. Berrigan is requesting that Everglades City get the support of the local government early in the process. I have taken the liberty of placing this on the Board's agenda for Tuesday, March 27, 2001 for discussion, under item 10 (B) and wanted to provide a copy of the backup for your review. Coletta~ JC:sf Attachment Florida Department of Agriculture and Consumer Services TERRY L. RHODES, Cornmissioner The Capitol · Tal~,ahassee, FL 32399-0800 FebruarY l2,2001 Please Respond to: Division of Aquaculture 1203 Governor's Square Blvd., 5th Floor Tallahassee, Florida 32301 Phone: 850/488-5471 Fax: 850/410-0893 Mr. Roberf Robinson P.O. Box 126 Everglades, Florida 34139 Dear Mr. Robinson: I have provided you with a brief overview of the Department of Agriculture and Consumer Services' responsibilities as they relate to leasing state-owned submerged lands for aquacultural purposes. In regard to your request, the Department will be happy to assist you in locating suitable sites for farming hard clams. However, it is important to get the support of local government early in this process. As you are aware, hard clam aquaculture is a growing segment of Florida's agricultural community and has prompted the interest of many potential producers. Since most hard clams produced in Florida are grown on state-owned submerged lm~ds, growers must lease lands from the state. The Governor and the Cabinet, sitting has the Board of Trustees of the Internal Improvement Trust Fund, have the authority to lease submerged lands to individuals for the purpose of growing aquacultural products. The Department of Agriculture and Consumer Services acts as staff to the Trustees in administering the aquaculture leasih~ program. Chapter 253, Florida Statutes, provides the authority and responsibilities related to leasing state-owned submerged lands. Chapter 597, F.S., defines the Department of Agriculture and Consumer Services' role in developing aquaculture in the state. Among these responsibilities is the mandate to identify tracts of sovereign submerged lands and water colunms for the production of aquaculture products. The Department generally works closely with local g.ovemments, industry representatives and economic development councils in determining appropriate development strategies for various regions and counties. The Department does not usually assign priorities for proposed projects in various counties, but instead relies primarily on the amount of local interest behind specific projects. In the past, county commissioners and/or boards of county commissioners have requested that the Department assess potential opportunities !,~[~e coastal waters off their count Fresh Fl~flda. Florida Agriculture and Forest Produc $53 Billion for Florida's Economy s Pg.~ Mr. Robinson February 12, 2001 Page Two The assessment D ocess involves numerous criteria, including a determination of whether the bacteriological and biological water quality is suitable for the production of shellfish. If the waters are currently classified as approved for shellfish harvesting, then the Department will conduct preliminao' site selection surveys. The Department uses specific site selection criteria to determine optimal areas for leasing. Although many counties have abundant coastal waters, few sites are actually suitable for producing aquacultural products. Growth tests, environmental conditions, sediment types, competing uses, and demographics are a few of the factors that are assessed in determining appropriate sites for aquaculture use. When optimal locations are identified, the Department will designate a tract of submerged lands, perhaps 100 acres, as a high-density aquaculture use area. The proposed project is also reviewed by other agencies, including the Department of Environmental Protection, the Fish and Wildlife Commission, and the local board of county commissioners. If a suitable site is identified, then the Department will request that the Board of Trustees approve the use of the submerged lands for aquaculture and permit the tract to be subdivided into individual lease parcels (two acre parcels are most common) and leased to qualified applicants. The entire process usually takes from 1 to 2 years to complete. This is only a brief overview of the process, and only touches on some of the policies and procedures that must be followed to lease state-owned lands. When you have specific questions or need additional information, please do not hesitate to contact me at the above address or by calling (850) 488-5471. Thanks for your interest in shellfish farming in Florida. Sincerely, MEB/ TERRY L. RHODES COMMISSIONER OF-AG-RI~ Bureau of Aquaculture Development CLAM FARMING Needed State approval of bay bottom, which is leased by individuals each year. Recommendation by the Collier County Commission and the Economic Development Council $500.00 For first time bags $1200.00 For eggs $200.00 Gas, Labor, other $2000.00 Per 100,000 eggs each month After 6-8 weeks they have to be pulled and split up with 800 clams to the bag It takes 8-9 months to harvest at the rate of 20,000 per week Bags are recycled for the next harvest SHELLFISH H/tRVESTING AREA CLASSIFICATION MAP ~66 (Revised: April 15, 1997) Ten Thousand Islands (~66) Shellfish HarvesUin~ Area in Collier County EXECUTIVE SUMMARY RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY BOARD APPROVE A RESOLUTION ADOPTING BYLAWS FOR THE CRA AND THE LOCAL REDEVELOPMENT ADVISORY BOARDS; APPOINT THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY AS THE LOCAL REDEVELOPMENT ADVISORY BOARD FOR IMMOKALEE; DIRECT STAFF TO ADVERTISE POSITIONS FOR THE BAYSHORE/GATEWAY TRIANGLE LOCAL ADVISORY BOARD TO BE APPOINTED BY THE CRA AT A FUTURE MEETING; AND TO ELECT A NEW VICE-CHAIRPERSON. OBIECTIVE: To establish procedures for the CRA and the Local Redevelopment Advisory Committees, through the adoption of bylaws, to assist in further implementing the redevelopment program. 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. In addition, Resolution 2000-83 authorized the creation of Local Advisory Boards by separate resolution to assist in the implementation of the redevelopment plan. The proposed bylaws are modeled after workable and successful bylaws of other CRAs and advisory boards. Attachment A is a table outlining the major facets of the bylaws of each of these CRA/Advisory Boards. The recommended membership for the Bayshore/Gateway Triangle Local Redevelopment Advisory Board represents interests from business and residential as well as other property owners. Staff is recommending, based on support received from the Immokalee Community that the Immokalee Local Redevelopment Advisory Board reflect the same membership as the Irnmokalee Enterprise Zone Development Agency which monitors and implements the Florida Enterprise Zone program in the Immokalee community. The purpose and duties of the Local Advisory Boards will be to: (a) to review the Redevelopment Plan and the respective component plan for the local area they are representing and make recommendations to the Community Redevelopment Agency any changes to the plan; Co) to make recommendations to the Community Redevelopment Agency in implementing the redevelopment plan including setting project priorities and funding priorities, and carrying out and effectuating the purposes and provisions of Part III, Chapter 163, Florida Statutes; and -3.- AGENDA I"~EM ~ MAR 2 7 2001 (c) to receive input from members of the public interested in their respective component areas and to report such information to the Community Redevelopment Agency. The bylaws can be changed at any time by the CRA during a regular meeting, after being placed on the agenda and considered by the Advisory Board. FISCAL IMPACT: None at this time GROWTH MANAGEMENT IMPACT: On June 13, 2000, the Board of County Commissioners adopted Resolution No. 2000-181 that adopted the Community Redevelopment Plan consistent with Part III, Chapter 163, Florida Statues and the Collier County Comprehensive Plan. The proposed bylaws and resolution to adopt those bylaws will establish procedures and policies for the CRA and its advisory boards to implement the Redevelopment Plan. PLANNING SERVICES RECOMMENDATION: Adopt the resolution to approve bylaws for the Community Redevelopment Agency Board and the Local Redevelopment Advisory Boards. PREPARED BY: 1V~ARLENE FOORI~ PRINCIPAL REDEVELOPMENT SPECIALIST COMPREHENSIVE PLANNING SECTION March 13, 2001 DATE REVIEWED BY: ~EBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION COMPREHENSWE PLANNING MANAGER REVIEWED BY: -2- DATE AE~ENDA I~',E M..., MAR 3 7 ZOO1 PO. ~ -- B(~"B MULHER~ PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: IOHN D~NNUCK INTERII~ ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE 3 MAR 2 7 2001 E ~'~ ~ ~ o ~ O ~ o o~~ ~ ~ ~ '- · - ~ ~ ~ _ - --- ~ "~ E~ E '-~.~ ~ ~ AGENDA ITEM , ~ ~ ~ ~ .~ ~- ~ MAR 272001 Pg/ ~ ~ '~_, ·  o ~ 'D'- o ~ '- .-- '~ ~-- o .- 0 <~ ~ ~.~ ~ E .... ~ - ~ = ~ ~.~ ~= ~ ~~=~ .... ~ o o - ~ ~ ~ ~ ~ ._ ~ ~'~ .- - ~ ~ ~ ~ E~'~ ~ ~'~ - ( ~ ~ ~ ~ ~ ~ ~ O ~ u ~ ~ ~ D .nAGENDA/,ITEM~ . : - ~ ///~/ i~ ~ ~ ~ MAR ~ ? 200' ~°~ E~'- =~-. ~. .- Z~ ~ ~~ ~ ~ ~= ~~'~ MAR//~/g7  AGENDA ITEM 2001 CRA RESOLUTION NO. 2001-__ 2 3 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT 4 AGENCY RELATING TO COMMUNITY REDEVELOPMENT; PROVIDING FOR 5 MEMBERSHIP, TERMS, PURPOSE, DUTIES, ORGANIZATION AND RULES OF 6 PROCEDURE FOR THE AGENCY; CREATING THE BAYSHORE/GATEWAY TRIANGLE 7 LOCAL REDEVELOPMENT ADVISORY BOARD; CREATING THE IMMOKALEE LOCAL 8 REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR MEMBERSHIP, TERMS, 9 PURPOSE, DUTIES, ORGANIZATION AND RULES OF PROCEDURE FOR THOSE 10 ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the Board of County Commissioners has adopted a resolution finding the 14 existence of one or more blighted areas in the unincorporated area of the County and further 15 finding that the rehabilitation, conservation or redevelopment or combination thereof, in such 16 areas is necessary in the interest of the public health, safety, morals or welfare of the residents of 17 Collier County, Florida; and 18 WHEREAS, the Board of County Commissioners has further adopted a resolution 19 declaring itself as the Collier County Community Redevelopment Agency to carry out and 20 implement the redevelopment powers and actions contemplated by Part III, Chapter 163, Florida 21 Statutes, within such areas; and 22 WHEREAS, the Board of County Commissioners contemplated the creation of advisory 23 boards for each component area of the community redevelopment area in the unincorporated area 24 of Collier County, composed of citizens, residents, property owners and business owners or 25 persons engaged in business in the area; and 26 WHEREAS, the Board of County Commissioners further contemplated the need to 27 establish membership, duties and responsibilities for the Agency and for each such advisory 28 board; 29 NOW, THEREFORE, BE IT RESOLVED BY 30 COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS: THE COLLIER COUNTY 31 32 33 SECTION 1. Agency Bylaws: That there is hereby adopted bylaws for the Agency setting forth membership, terms, purposes, duties, organization and rules of procedures for the Agency, a 34 copy of which is attached. 35 36 37 38 39 SECTION 2. Advisory. Board: That there is hereby created the "Bayshore/Gateway Triangle Local Redevelopment Advisory Board" and the "Immokalee Local Redevelopment Advisory Board" and bylaws for those Boards are adopted, a copy of which is attached. MAR 2 7 2001 SECTION 3. Severability: If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shah not bc held to invalidate or imPair the validity, force, or effect of any other section or part of this Resolution. SECTION 4: Effective Date: upon its passage and adoption. This Resolution shall become effective tmmediately SECTION 5: This Resolution adopted after motion, second and majority vote this of ,2001. day ATTEST: DWIGHT E. BROCK, SECRETARY COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: BY: JAMES'D. CARTER, PhD., CHAIRMAN Approved As to Form and Legal Sufficiency Heidi Ashton, Assislant County Attorney and CRA Legal Counsel MAR 2 ? 2001 Pg--- BYLAWS OF TI-I~ COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA ARTICLE I. NAME AND PURPOSE SECTION 1. Name: This Community Redevelopment Agency shall be known as the "Collier County Community Redevelopment Agency" (the "CRA"), established pursuant to Resolution 2000-83 adopted on March 14, 2000 by the Board of County Commissioners ("BCC") of Collier County, Florida (the "County") pursuant to Part III, Chapter 163, Florida Statutes (the "Act"). SECTION2. Redevelopment Area: The area of operation of the CRA consists of certain geographical areas listed below and for which a redevelopment plan was adopted by CRA Resolution 2000-01 by the CRA and Resolution 2000-181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore/Gateway Component Redevelopment Area. Additional Component Redevelopment Areas may be added under separate resolutions by the CRA after all appropriate findings have been made and a redevelopment plan for those areas adopted by the CRA and BCC, all in accordance with the Act. SECTION 3. Purpose: The purpose of the CRA is to undertake and implement improvements as provided for in the Act and the adopted Redevelopment Plan; to promote and create favorable conditions for the development, redevelopment and revitalization of the area of operation of the CRA; and to receive input from its Advisory Boards, authorized by the Resolution No. 2000-83, who adhere to separate bylaws adopted specifically for their purposes, and serve to represent the component areas of operation of the CRA. ARTICLE II. COMMUNITY REDEVELOPMENT AGENCY SECTION 1. Function: Article I, Section 3. The CRA is established to carry out those purposes that are outlined in SECTION 2. Authority: The CRA, subject to the provisions of the Act and all other applicable provisions of law, shall have all powers customarily vested in a community redevelopment agency as provided in the Act. SECTION 3. Members and Terms: In accordance with Section 163.357(1), Florida Statutes, the Collier County Board of County Commissioners has declared itself to be the Collier County Community Redevelopment Agency as an additional duty of office. Reference to the members of the CRA as a whole shall be "CRA Board" or "CRA". An individual member of the CRA shall be referred to as a "Commissioner." CRA Board terms shall be simultaneous with terms of members of the Board of County Commissioners. SECTION 4. Vacancies: Appointments to fill vacancies on the CRA shall be filled by the person filling the vacancy on the Board of County Commissioners. SECTION 5. Employees: contract staff, personnel, technical experts, legal counsel, and other such agents and permanent or temporary, as it requires, and determine their qualifications, duties and compe: The CRA may, as it from time to time determines, employ or retain by emp!.ege~, n'E~ . -- tsatio~.°' ~,~J' / MAR 2 7 2001 CRA may approve and authorize contracts with the County and other persons, firms and individuals to provide services for and on behalf of the CRA. ARTICLE III. OFFICERS SECTION 1. Officers: The officers of the CRA shall consist of a Chairman, Vice Chairman, and a Secretary, and such officers as the CRA may from time to time create. SECTION 2. Qualifications: Officers shall be members of the CRA, except that the Secretary may, in the discretion of the CRA, be someone not a member of the CRA. SECTION 3. Role of Chairman: The Chairman shall preside at all meetings of the CRA, sign agreements, contracts, and instruments on behalf of the CRA, call special meetings asnecessary and shall perform such other duties as are customary for the Chairman. SECTION 4. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 5. Role of Secretary: It is the duty of the secretary to (a) keep the minutes of the proceedings of the meetings of the CRA, (b) provide all notices in accordance with the provisions of these bylaws or as required by law, (c) post or cause to be posted all meeting notices as required by County procedures and notify members, (d) maintain custody of the CRA records, (e) attest contracts and other CRA documents, and (f) in general perform all duties from time to time as may be prescribed by the Chairman or the CRA. SECTION 6. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum present shall select a Chairman for the meeting. SECTION 7. Election of Officers: Officers shall be elected at the Annual Meeting of the Agency. Election requires nomination from the floor and an affirmative vote by a majority of the CRA members present and voting on an annual basis, provided a quorum is present at such meeting. The Secretary shall be the Clerk of Courts to the Board of County Commissioners, but shall have no vote. Officers shall be seated immediately upon their election. SECTION 8. Terms of Office: Each officer duly elected by the CRA shall serve a term of one year until the next annual appointment or election. All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office. SECTION 9. Officer Vacancies: If a vacancy exists in any office, the CRA shall elected a new officer by the affirmative vote of a majority of the CRA members present and voting at a meeting of the CRA, to fill the incomplete term of the vacated office. SECTION 10. Removal or Resignation: The CRA may remove an officer at any time with or without case by the affirmative vote of a majority of the CRA members present and voting at a duly constituted meeting of the CRA. An officer may resign at any time by delivering notice thereof to the CRA. A resignation is effective when the notice is delivered to the CRA unless the notice specifies a later effective date and the CRA accepts the future effective date, the pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. AGENDA ITEM "°' 11/91 MAR le 7 2001 ARTICLE IV. COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARDS SECTION 1. Function: In accordance with Resolution 2000-83, advisory boards are to be created for each component area of the community redevelopment area in the unincorporated area of Collier County, which shall be composed of citizens, property owners and business owners or persons engaged in business in the area. Separate bylaws for these advisory boards will be adopted by the CRA. These advisory boards will serve as the primary source of community input to the CRA staff and to the CRA itself. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and priorities and their implementation. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process ARTICLE V. MEETINGS SECTION 1. Meetings: The Board shall schedule meetings as needed to carry out its duties in accordance with these bylaws and shall follow the procedures outlined in Division 2, Article 1 of the Code of Laws and Ordinances of Collier County unless otherwise specified below. a) Annual: An Annual meeting of this Agency shall be held in the month of January of each year, and on the date and at the time and place to be determined by the Board, if other than at a regular meeting. b). Regular: Regular meetings of the CRA shall be held as necessary on either the secord or the fourth Tuesday of each month to coincide with the regular meetings of the BCC or on such day as may be determined by the CRA. The CRA meetings will be held at a "time certain" identified on the BCC Agenda. SECTION 2: Meeting Agenda: The agenda for each meeting of the CRA, shall follow the procedures outlined for the BCC in Division 2, Article 1 of the Code of Laws and Ordinances of Collier County unless otherwise specified below. Meeting notice will be published in accordance with applicable laws. ARTICLE VI. ORDER OF BUSINESS SECTION 1. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications a. Advisory Board communications b. Other communications (e) Consent (f) Old Business (g) New Business (h) Citizen Comments (i) Adjournment AGENDA ITEM 2 7 001 ARTICLE VII. CONTRACTS SECTION I. Execution of Instruments: Legal instruments of the CRA shall be executed by the Chairman and attested to by the Secretary with the corporate seal affixed thereto. In the absence of the Chairman, such instruments may be executed by the Vice Chairman. SECTION 2. Real Property Acquisition and Disposition: The acquisition, conveyance and leasing of real property by the CRA shall be done in accordance with the Act. SECTION 3. Purchasin~ Procedures: Purchasing procedures will be in accordance with the Act. If the Act is silent then the procedures will be consistent with those authorized by the BCC for Collier County or such other procedures that the CRA Board may adopt. ARTICLE VIII. FISCAL MATTERS SECTION 1. Fiscal Year: The fiscal year of the CRA shall be the twelve year calendar month period commencing on October 1 and ending on September 30 of each year. SECTION 2. Financial Reporting: The Clerk of Courts shall maintain financial records of all financial transactions made on behalf of the component areas of the redevelopment area. Staff assigned as liaison to the CRA shall provide a report of the income and expenditures of each component area to the CRA at the annual meeting or as requested by the Chairman, the CRA or other staff. ARTICLE IX. AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment Agency this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, SECRETARY COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: BY: PAMELA S. MAC'KIE, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICENCY DAVID C. WEIGEL COUNTY ATTORNEY AND CRA COUNSEL AGENDA ITEM MAR g 7 20111 BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY, FLORIDA ARTICLE 1. NAME AND PURPOSE SECTION 1. Name: The local advisory board, one per each component redevelopment area, shall be known as "the name of the component redevelopment area in which the local planning board sits" Local Redevelopment Advisory Board. SECTION 2. Redevelopment Area: The area of operation of an advisory board consists of that certain geographical area identified in CRA Resolution 2000-01 by the Community Redevelopment Agency (CRA) and Resolution 2000-181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore/Gateway Component Redevelopment Area. Additional redevelopment component areas may be designated by separate resolutions of the Community Redevelopment Agency of Collier County ("CRA") and the Collier County Board of County Commissioners ("BCC") after all appropriate findings have been made and a redevelopment component plan for those areas adopted by the CRA and BCC, all in accordance with Part III, Chapter 163, Florida Statutes (the "Act"). SECTION 3. Purpose: Each advisory board is intended to be the primary source of community input to the Collier County Community Redevelopment Agency (the "CRA") and to the CRA staff. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically, the purpose and duties of each advisory board shall be as follows: (a) review the applicable component redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b) make recommendations to the CRA on plan implementation, including developing an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the Act in the component redevelopment area; (c) receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA; and (d) review and comment on any redevelopment projects proposed in the advisory board's component redevelopment area. AGENDA ITEM "o-/7 MAR g 7 2001 ARTICLE II. ADVISORY BOARI~ SECTION 1. Function: Each advisory board is established to carry out those purposes that are outlined in Article I, Section 3 hereof. SECTION2. Authority; Standing Rules: The advisory board shall be subject to the direct supervision of the CRA staff and the CRA Board. Each advisory board may prepare and adopt standing rules specific to that board's component redevelopment area. Preparation, adoption and amendment of any such standing rules shall be at the discretion of the advisory board and must be consistent with these Bylaws, CRA Resolution 2000-01 and BCC Resolution 2000-181 which adopted the Redevelopment Plan, BCC Resolution 2000-83 which declared the BCC to be the CRA and authorized the creation of the advisory boards, the adopted Redevelopment Plan and the Act. Proposed standing rules or amendments to such rules shall be submitted by the advisory board to the CRA for a determination of consistency with all of the above. Any proposed rules or amendments to the rules will be effective upon that determination. SECTION 3. Number of Members: The Board shall have an appropriate number of members to insure adequate representation of all aspects of the community in the component redevelopment area. This number may vary from component redevelopment area to component area. This number may be increased or decreased from time to time as recommended by the advisory board and appointed by the CRA board member for the applicable component redevelopment area. In no circumstances will the number of advisory board members be less than five. SECTION4. Appointment and Qualifications: The CRA board member from the component redevelopment area shall appoint the advisory board members subject to Article 1, Section 5 for the Bayshore/Gateway component redevelopment area and Article II, Section 6 for the Immokalee component redevelopment area. All appoints are subject to approval by the CRA board. Consideration should be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development; planning or design and building construction. Each member of an advisory board shall engage in business in the comporent redevelopment area for that advisory board. For purposes of these bylaws, individuals who "engage in business" means individual owning real property or a business, practicing a profession or performing a service for compensation or serving as an officer or director of a corporation or other business entity so engaged. Any group, committee or board existing at the time of adoption of these Bylaws may present its membership for appointment as long as consideration is given to balancing the advisory board with representatives from the above-recommended professions. SECTION 5. The Bayshore/Gateway Triangle Local Redevelopment Advisory Board Consideration should be given to appointing members of the advisory board for the Bayshore/Gateway component redevelopment area as follows: (a) One (1) Bayshore resident; (b) One (1) Gateway Triangle resident; (c) One (1) Bayshore business owner; (d) One (1) Tamiami Trail (US41) business owner; (e) One (1) Davis Boulevard (SR84) business owner; AGENDA ITEM .o. M/ R 7 ZOO1 (f) One (1) Bayshore MSTU representative; (g) One (1) at large representative who resides or engages Bayshore/Gateway Triangle Component Redevelopment Area; in business, or both, in the SECTION 6: Immokalee Local Redevelopment Advisory Board: In order to assure a comprehensive approach in the Immokalee community, the Immokalee Enterprise Zone Development Agency as created by the BCC pursuant to Ordinance 97-81 shall be the Immokalee Local Redevelopment Advisory Board. SECTION 7. Application Procedures: Applicants must be residents and electors of Collier County,. Residents interested in applying to serve on an advisory board shall submit a letter requesting such appointment and containing a brief resume to the CRA. Guidelines for appointing the members to the advisory board will be consistent with those procedures outlined in BCC Resolution 94-136. SECTION 8. Terms: Advisory board members shall serve for two (2) year terms, with no more than two reappointments permitted. However, for purposes of staggering reappointments, three (3) of the initial members will have one (1) year terms as follows: Bayshore/Gateway Local Redevelopment Advisory Board- the Bayshore resident, the Gateway Triangle resident and the at large representative will each serve only a one (1) year term for the first year of the advisory board, with two (2) year terms from then on; Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in Ordinance 97-81. SECTION 9. Vacancies: Vacancies occurring on any advisory board shall be publicized, but need not be advertised, in a publication of general circulation within the county; and vacancy notices are to be posted in the county libraries, the courthouse and on the internet. Appointments to fill vacancies on the advisory board shall be filled by the. The term of an advisory board member appointed to fill a vacancy expires at the time the term of the original member would have expired. SECTION 10. Attendance and Removal: It is the intent and strong desire of the CRA that there be full attendance of advisory board members at all meetings of the advisory board, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. The following requirements are established: Any advisory board member who is absent for more than two-thirds of the advisory board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from the advisory board. The CRA shall, as soon as practicable after such resignation, declare the position vacant and shall promptly fill the position. The affected advisory board member shall not serve at any meeting after his or her position is declared vacant by the CRA. In the event that any advisory board member is absent from two consecutive advisory board meetings without a satisfactory excuse acceptable to the advisory board, the advisory board chairman shall state such fact at the next regularly scheduled advisory board meeting and shall thereafter notify, in writing, CRA of the advisory board member's failure to attend without satisfactory excuse. The CRA shall review the notification at a CRA meeting and shall declare the advisory board member's position to be vacant if the CRA concurs that the advisory board member was absent from two consecutive advisory board meetings without a satisfactory excuse and shall promptly fill that position pursuant to the provisions of Section 9. For purposes of this Section 10, attendance means presence at the meeting no later than fifteen minutes after the meeting is called to order as verified by the secretary on the attendance record. AGENDA ITEM .o. ///3/ M/ R ? 2001 SECTION 11. Financial Disclosures: Advisory board members shall comply with the applicable financial disclosure requirements of laws of the State of Florida. ARTICLE III. OFFICER,q SECTION 1. Officers: The officers of the each advisory board shall be a Chairman, Vice Chairman, and a Secretary. SECTION 2. Role of Chairman: The Chairman shall preside at all meetings and hearings of the advisory board and shall have the duties normally conferred by parliamentary usage on such office. The Chairman shall call special meetings, serve as the advisory board liaison to the CRA, and shall perform such other duties as are customary for the Chairman. SECTION 3. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 4. Role of Secretary: It is the duty of the secretary to (a) keep the minutes of the proceedings of the meetings of the advisory board, (b) provide all notices in accordance with the provisions of these bylaws or as required by law, (c) post or cause to be posted all meeting notices as required and notify members, (d) maintain custody of the advisory board records, and (e) in general perform all duties from time to time as may be prescribed by the Chairman or the advisory board. SECTION 5. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum present shall select a Chairman for the meeting. SECTION 6. Election of Officers: Officers shall be elected annually at the first regular meeting of the year. Election requires nomination from the floor and an affirmative vote by a majority of the advisory board members present and voting, provided a quorum is present at such meeting. The Secretary shall be the individual assigned from County staff, but shall have no vote. Officers shall be seated immediately upon their election. SECTION 7. Terms of Office: Each officer duly elected by the advisory board shall serve a term of one year until the next annual appointment or election (or as otherwise determined by the standing rules of the advisory board). All officers shall hold office until their successors havebeen elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office. SECTION 8. Officer Vacancies: If a vacancy exists in any office, the advisory board shall elect a new officer by the affirmative vote of a majority of the advisory board members present and voting at a meeting of the advisory board, to fill the incomplete term of the vacated office. SECTION 9. Removal or Resignation: The advisory board may remove an officer at any time with or without cause by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. An officer may resign at any time by delivering notice thereof to the advisory board. A resignation is effective when the notice is delivered to the advisory board unless the notice specifies a later effective date and the advisory board accepts the future effective date, the pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. AGENDA ITEM "o. MAR 2 7 2001 ARTICLE IV. SUBCOMMITTEES SECTION 1. Creation: The advisory board may create, from time to time, such subcommittees as shall be necessary or desirable to carry out the functions, purposes, and objectives of the advisory board. Any such subcommittees shall be subordinate to the advisory board, shall be assigned a specific purpose and objective, and shall be given a date certain to complete its tasks, at which time the subcommittee shall be dissolved, unless said date is extended by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. SECTION 2. Members: The members of such subcommittee shall be elected by the advisory board for such term and shall have qualifications as the advisory board may desire. SECTION 3. Removal: The advisory board may remove any subcommittee member with or without cause by the affirmative vote of a majority of advisory board members present and voting at any meeting of the advisory board. SECTION 4. Rules and Procedures: The subcommittees shall be subject to the same parliamentary procedures as the advisory board and Florida's Government in the Sunshine Law. ARTICLE V. MEETINGS SECTION 1. Meetings: Regular meetings of the advisory board shall be held on such day, time and place as may be determined by the advisory board, and at a minimum once a month. The purpose of the meetings is to discuss and to then prepare recommendations and advice to the CRA on matters brought before the advisory board. SECTION 2. Quorum and Voting: At all regular or special meetings of an advisory board, a majority of the membership of the advisory board shall constitute a quorum. Voting shall be by voice unless a member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. SECTION 3. Special Meetings: Special meetings may be called by the Chairman at anytime provided adequate notice is given pursuant to Article 5, Section 4 hereof. The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a CRA staff member. The notice of such a meeting shall specify the purpose of such a meeting and no other business may be considered except by unanimous consent of the advisory board. All members of the advisory board shall be notified in advance of such special meetings by the Secretary. SECTION 4. Notice and Publication: The Secretary shall give notice and keep record of such notice of its meetings and the meetings of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county courthouse and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. SECTION 5. Open Meetings: All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. SECTION 6. Minutes: The minutes of all meetings shall be promptly recorded, and such be open to public inspection, in accordance with applicable law. records shall AGENDA ITEM "°' MAR g 7 ZOOl · SECTION 7. Location: Meetings of an advisory board, or any of its subcommittees, shall be held in a location accessible to the public. SECTION 8. Meeting Agenda: The agenda for each meeting of an advisory board, or any of its subcommittees, shall be outlined by the Chairman and submitted to the Secretary for preparation. Any advisory board member, in the case of an advisory board or a subcommittee member in the case of a subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the Secretary prior to the deadline for publishing the notice of such meeting. SECTION 9. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications (e) Old Business (f) New Business (g) Citizen Comments (h) Adjournment SECTION 10. To provide for the orderly and efficient conduct of its meetings, each advisory board shall follow Roberts Rules of Order. ARTICLE VI. AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment Agency this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, SECTRETARY COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: BY: PAM MAC'KIE, CHAIRMAN AGENDA ITEM -- MAR ? 2001 Approved As to Form and Legal Sufficiency David C, Weigel County Attorney and CRA Legal Counsel AGENDA ITEM EXECUTIVE SUMMARY EXECUTE SATISFACTION OF LIEN ESTABLISHED UPON RECORDING OF AN ORDER REDUCING FINE/LIEN IN COLLIER COUNTY V. HOMER BETANCOURT. OBJECTIVE: To execute a satisfaction of the code enforcement lien imposed against property owned by Homer Betancourt pursuant to an Order Reducing Fine/Lien in Collier County v. Homer Betancourt, CEB Case Nos. 99-02(5, 99-027 and 99-028, and recorded at Official Record Book, 2706, Page 2865, et seq. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement Board on July 9, 1999 in Collier Couutv v. Homer Betancourt, CEB Case Nos. 99-026, 99-027 and 99-028. On August 1, 2000, an Order Reducing Fine/Lien was entered by the Code Enforcement Board reducing the fine in the amount of $5,000.00. This Order was recorded at Official Record Book 2706, Page 2865, et seq. Pursuant to its recording, this Order superseded the previous order and became a lien against all real property owned by' Homer Betancourt and more particularly property identified by' Folio No. 00129120007. In November. the Code Enforcement Board directed the Office of the County Attorney to initiate foreclosure proceedings due to the failure of Mr. Betancom't to pay the reduced lien in the amount of $5,000.00. Costs were incurred as a result of this prosecutorial action in the amount of $360.50. The County is entitled to recover these costs pursuant to § 162.10, Fla. Stat. On or about February 7, 2001 payment was received in the amount of $5,360.50 in complete satisfaction of the lien. A Satisfaction of Lien must be executed and recorded so as to discharge the lien of record. A copy' of the Satisfaction of Lien is attached hereto. FISCAL IMPACT: The sum of $5,360.50 will be deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Authorize its Chairman to execute the Satisfaction of Lien; and Authorize staff to record the Satisfaction of Lien in the Public Records of Collier County, Florida. AGENDA ITEM MAR 2 7 2001 !_ Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY: Jol~ M. Dunh~c'k, III, Administrator Community Development & Environmental Services Division Date: Date: h:ExSumXBcttencourt-CEB 99-026,027,028 ~ilen T. Chaaw~i'!, c~ffice of ~he County At'~opne$ 32~gl E.~s~ Tamiami Trail Naples, Flor~dm 34112 (941) 774-8400 SATISFACTION OF LIEN This is to certify that the claim of lien filed in the sum of Five Thousand Dollars ($5000.00), plus prosecutoriai costs in the amount of Three Hundred Sixty Dollars and 50/100 ($360.50), reduced to writing by Order Reducing Fine/Lien dated August 1,2000, on behalf of Collier County, Florida, and recorded in O.R. Book 2706, Pages 2865-2870, of the Public Records of Collier County, Florida, against the following described real property, and all other real property located in Collier County, which is owned by Homer Betancourt, along with costs incurred by Collier County as a result of this lien and recoverable pursuant to §162. I0, Fla. Stat. (2000), has been satisfied in full. Section 5, Township 47 South, Range 29 East, Parcel Folio No. 00129120007 The undersigned is authorized to and does hereby release its lien as to the whole of the above-described real property, and all other real property owned by Homer Betancourt, and consents to this lien being discharged of record. Dated this da,,,' of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James D. Carter, Ph.D., Chairman Approved as to form And legal sufficiency: Ellen T. Chadwell Assistant County Attorney AGENDA ffEM MAR 2 7 2001 EXECUTIVE SUMMARY REQUEST THAT THE BOARD APPROVE A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ADVISORY COMMITTEE TO PROVIDE INPUT AND ASSIST STAFF WITH THE RESTUDY OF THE GOLDEN GATE AREA MASTER PLAN. OBJECTIVE: Obtain Board approval for the establishment of an ad hoc Advisory Committee to provide input and assist staff with the restudy of the Golden Gate Area Master Plan. CONSIDERATION: On February 13, 2001, the Board of County Commissioners directed staff to restudy the Golden Gate Area Master Plan. To assist in this restudy, staff requests (hat an advisory committee be formed to enable community input and provide recommendations. The committee will be responsible for addressing issues related to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses/assessment of Conditional Use needs and the Golden Gate Parkway 1-75 Interchange. The committee will also assist staff with the review and development of policy recommendations related to the Rural Fringe Committee and Community Character Plan findings, assist in the development of any necessary Request for Proposals (RFP) for consulting services, and assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions. The advisory committee will be comprised of ten members whose~ representation shall be diverse and consist of citizens and business owners residing in the regulatory boundaries of the Golden Gate Area Master Plan. The advisory committee shall remain in effect for one year, which will commence with the effective date of the Resolution appointing members to said committee. FISCAL IMPACT: The principal costs associated with the approval of this ad hoc Advisory Committee shall be those expenses incurred for placing advertisements, in the newspaper for committee vacancies .and meetings. These costs will be paid from the Comprehensive Planning Section FY01 approved budget. GROWTH MANAGEMENT IMPACT: The establishment of this advisory committee and their participation in the restudy of the Golden Gate Area Master Plan will ultimately lead to amendments to the Golden Gate Area Master Plan. AG E I',~"J,A ,I.~T E t'l~,~ MAR g 7 2001 RECOMMENDATION: That the Board of County Commissioners adopt a Resolution to establish the ad hoc Advisory Committee as outlined in this executive summary for the restudy of the Golden Gate Area Master Plan. ~i~hele R.,~IClo~ca, S~enior Planner Comprehensive Planning Section REVIEWED BY: ..ff~-------~ ~ '%lan Litsing~, AICI~, REVIEWED BY: APPROVED BY: Date: o'-/z z~oI Date: Current Planning M. anager ~-,'~bert Mulhe~e, AICI~,. ~ ~an~ervice?. Dire~ '~ ~)ll~ Date: Jl~'~/ J~n M. ~u~uck, III ~erim Aflministrator, Community Development and Environmental Services Division AGENDA ITEM MAR 7 2001 RESOLUTION NO. 2001- A RESOLUTION ESTABLISHING THE GOLDEN GATE AREA MASTER PLAN RESTUDY COMMITTEE WHEREAS, on February 13, 2001, the Board of County Commissioners directed .'.he re- study of the Golden Gate Area Master Plan; and WHEREAS, County staff desires to have the Board of County Commissioners establish an ad hoc committee to assist staff in its restudy of the Golden Gate Area Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the Ad Hoc Golden Gate Area Master Plan Restudy Advisory Committee. Pursuant to the. provisions of Collier County Ordinance No. 86-41, as amended, the Board of County Commissioners hereby creates the Golden Gate Area Master Plan Restudy Advisory Committee (the "Committee") as an ad-hoc advisory committee. The Committee members shall- serve a term of one year, which will commence on the effective date of the Resolution appointing said members and shall conclude 1 year thereafter. SECTION TWO: Appointment of Members and Failure to Attend Meetings. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 86-41, as amended. The Committee shall consist of ten (10) members from a broad base of citizens and business owners in the regulatory area of the Golden Gate Area Master Plan. If any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended. SECTION THREE: Officers; Quorum; Compensation. The officers of the Committee shall be elected by the membership of the Committee and shall include a Chairman, Vice-Chairman and Secretary. The presence of a majority of the voting members shall constitute a quorum. The Committee may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem.expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be to: a. Assist in the development of any necessary Request for Proposals (RFPs) for consulting services; b. Aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; c. Identify and address issues relative to the Golden Gate Mobility Study, Comrr, erci and Industrial Land Use Study, assessment of locational criteria for Conditional Use AGENDA ITEM No. , t ,, MAR '7' 2001 assessment of Conditional Use needs and the Golden Gate Parkway 1-75 Interchange/adjacent land use plans; and d. Assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions for the Golden Gate Area Master Plan. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. This Resolution adopted this __ day of ,2001 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIIER COUNTY, FLORIDA By: By: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Marj0ri0M. Student Assistant Count)' Attorney AGENDA ITEM MAR g 7 7.001 EXECUTIVE SUMMARY PETITION CARNY-2001-AR-441, PEGGY RUBY, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, REQUSESTING PERMIT TO CONDUCT A CARNIVAL (COUNTRY JAMBOREE) FROM APRIL 6 THROUGH APRIL 7, 2001, ON COUNTY OWNED PROPERTY AT THE VINEYARDS COMMUNITY PARK LOCATED ON ARBOR BOULEVARD. OBJECTIVE: Peggy Ruby, of the Collier County Parks and Recreation Department, is requesting that the Board of County Commissioners approve a permit to conduct a carnival (Country Jamboree) from April 6 and April 7, 2001, on County owned property located at the Vineyards Community Park Site. The applicant is also requesting waivers of the application fee, surety bond and occupational license. CONSIDERATIONS: The Collier County Parks and Recreation Department has made application to the Board of County Commissioners for a permit to conduct their annual carnival (Country Jamboree). The Collier County Parks and Recreation Department has presented evidence that all the criteria has been 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 Country Jamboree. FISCAL IMPACT: The applicant has signed a contract with the 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. )N: That the Board of County Commissioners approve the permit to conduct the carnival and waive ival fe , occupational license and surety bond. OZ-mg,o! - ' - '~j~NIN--O, AICP DATE ONALD CURRENT PLANNING MANAGER REVIEWED BY: R~~-~, AICP PLANNING SERVICES DIRECTOR DATE ADMINISTRATOR TY DEV. AND ENVIRONMENTAL SVCS. DATE AGENDA ITEM MAR 2 ? 2001 Pg. / ~m_ COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC ~_ER~.ICES PARKS AND RECREATION DEPARTMENT March 1,2001 Cecelia Martin, Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 [941 ! 353-0404 FAX: i941~ 353-1002 Website: colliergov, net Dear Cecelia: The Collier County Parks and Recreation Department is requesting a carnival permit for the Third Annual Country Jam. Country Jam will be held April 6 - 7, 2001 at the Vineyards Community Park, 6231 Arbor Blvd. Naples, FL If you have any questions, please contact me at 353-0404. Thank you for your assistance. Sincerely, Peg Ruby, Marketing/Special Events Coordinator Collier County Parks and Recreation AGENDA ITEM NO. MAR 2 7 2001 STATE OF FLORIDA: COUNT~ OF COLLIER: Permit No.__ PERMIT FOR CARNIVAL EXHIBITION WHEREAS, Peg Ruby. of the Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival (Count3' Jamboree) at the Vineyards Community Park; and WHEREAS, Peg Ruby, of the Colher County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival (County Jamboree) as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Collier County Parks and Recreation Department, has requested a waiver of the, Surety Bond, Fee and Occupational License. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation Department, to conduct a carnival (County Jamboree) April 6 through April 7, 2001, in accordance with the terms and conditions set forth in the petitioner's application and ail related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond, Fee and Occupational License is hereby approved. WITNESS my hand as ChaU'man of said Board and Seal of said County, attested by the Clerk of Courts in and for said Count)' this __ day of ,2001. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: Marjorie~. §tudent Assistant County Attorney JAMES D. CARTER, Ph.D., CHAIRMAN AGENDA ITEM MAR g 7 001 ~!ff!' DESCRIPTION OF L~NDS ~ FOR '~' ' s-4, A 15.00 FOOT WIDE STRIP OF ~D ~CATED IN THE VIREY RECORDED IN P~T BOOK 16. PAGER ~-~ ... ....... ~DS ~IT 3~ AS COLLIER COUNTY, F~RIDA. ~yING-% ~'~-~ ~[~=_~BLIC ~CORDS OF · -.~ ~'~'a' oR EITHER SIDE OF THE FOL~WING DESCRIBED CENTERLINE~ COMITENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDAI SAID CORNER BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD/ THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89.55e24. EAST, A DISTANCE OF 83.53 FEET TO THE POINT OF BEGINNI~G~ THENCE SOUTH 01'28t00. EAST, A DISTANCE OF 2274.11 FEETI THENCE SOUTH 22'51w12- EAST, A DISTANCE OF 27.42 FEET~ THENCE SOUTH 01'28~00" EAST, A DISTANCE OF 70.70 FEETI THENCE SOUTH 20'18~58. WEST, A DISTANCE OF 26.94 FEETI THENCE SOUTH 01'28~00. EAST, A DISTANCE OF 318.95 FEET TO THE SOUTH BOUNDARY OF TRACT S-4 AND THE END OF THE CENTERLINE~ SUBJECT TO EASEMENTS, RESERVATIONS~ OR RESTRICTIO}~S OF RECORD rtl .... 2 049\TRS4U3 AGENDA ITEM .o. MAR: 2 7 200 NOTE: Please read reverse side Before completing this Petition. CAR NY-2001- AR-441 Collier County Parks & Rec. Country Jamboree Project: 2001020085 Date: 2/28/01 CARNIVAL OPERATION PETITION ., · If a co.radon, whe~ or not a not-for-~ofit co~m~on:__ LEG~ DESC~ON OF S~ PROPERS: ~ ZO~G: ~ USE NA~ OF PE~ON: ~ r ~' (~ THE FOLLOWING INFORMATION IS INCLUDED IN THIS PE'II'IION. (FOR EXPLANATION, SEE REVERSE Sm~E.) 3.a. [,/ 3.e.l) 3.e.2) 3.¢. / 3.e.3) 3.d. 3.e.4) 3.e.7). 3.e.~) e/ 3.~.8) 3.e.6) &// 3.e.9) ~.~ ~5 e.~O) SIGNATURE 'O~F AGENT FOR PETITIONER DATE REViI~WED by Board of County Co,~-,i-~ioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUN'IW ADMINISTRATOR: *~CNDAITEM Exerpt from Florida Administrative Code 64E-11, Food.Hygiene 64E-11.009 -- Temporary Food Service Events. Food service operations at temporary food service events shall comply with all applicable sanitary requirements of this rule, unless otherwise exempted in this section. (1) Notification (a) Temporary food service event sponsors or vendors shall notify the local county health department not less than three days prior to the scheduled event of the type of food service proposed and the time and location of the event. Notification may be completed orally, by telephone, in person, or in writing. (b) The local county health department shall keep a record of notifications received for proposed temporary food service events and shall provide appropriate educational material to the event sponsors or vendors. (2) Facilities -- Specific requirements for the physical facility where the food service operation is to be conducted shall be based on the type food that is to be prepared or served, the length of the event, and the amount of food preparation that is to be conducted at the temporary facility. (a) If the food service operation is intended for the sale of only packaged, non-potentially haza.n:lous food or drink, the food packages shall be protected from dust, dirt, and other sources of contamination during storage and serving. (b) Overhead protection shall be provided at all food service operations when food is prepared or portioned on premises. (c) When potentially hazardous food is prepared at temporary food service events of more than 3 days, the physical structure where the food preparation occurs shall be protected from the entrance of flying in~e. ects and other vermin. (3) All food and beverages served at temporary food service events shall be from approved sources in accordance with provisions of section 64E-11.003 of this chapter or prepared on premises. (4) All food served at temporary food service events shall be protected in accordance with provisions of section ~5~E-11.004 of this chapter. (5) Food and food-contact surfaces shall be protected from contamination by customers and dust. Where necessary, effective shields or covers shall be provided. (6) Ice which will be consumed or which will come into contact With food shall be obtained from an approved source. The ice shall be held in a way that protects it from contamination until dispensed. (7) Storage of packaged food in contact with water or undrained ice is prohibited. Beverage containers may be stored in direct contact with ice when: AGENDA ITEM MAR 2 7 200! (a) The storage facility is equipped with adequate drains which preclude the accumulation of water during use; (b) The melt water is disposed of so as not to create a nuisance; and (c) The storage facility is kept clean. (8) When all necessary washing and sanitizing of utensils and equipment are conducted at an approved commissary or food service establishment, a utensil washing sink will not be required, except that an adequate supply of spare preparation and serving utensils are maintained in the establishment and used to replace those that become soiled. However, a sanitizer solution in a bucket or spray bottle to adequately sanitize the food preparation surfaces will be available at all times. (9) All food service operations which prepare food on premises shall provide an adequate supply of potable water for cleaning and employee handwashing. An adequate supply may be provided in clean portable containers equipped with on/offvalves. Soap and single-service towels shall be available for handwashing and hand drying. (10) Equipment shall be installed in such a manner that the establishment can be kept clean and the food will not become contaminated. (11) Liquid waste which is not discharged into a sewerage system shall be disposed of in a manner that will not create a public health hazard or a sanitary nuisance. (12) Floor construction in establishments which prepare food on premises shall be of durable material. Dirt or gravel subflooring can be used when graded to drain, and covered with platforms, duckboards, plastic film, wood chips, shavings, or similar suitable material such as a sufficient cover of grass or turf to control dust. (13) Walls and ceilings, when required, shall be constructed to minimize thc entrance of flies and dust. Ceilings may be of wood, canvas or other materials which prot~t the interior of the establishment from the elements and walls my be of such mteriala or of 16 mesh screening or equivalent. Doors to food preparation areas, when req~ shall be solid or screened and shall be self-closing. Counter service openings, for facilities with wall enclosures, shall not be larger than necessary for the particular operation conducted and shall be kept closed at all times except when food is actually being served. (14) All food service opem~fions at temporary food service events without effective facilities for cleaning and sanitizing tableware shall provide only single-service articles for use by the consumer. Specific Authority 381.0072 FS. Law Implemented 381.0072 FS. History m New 6-1-93, Formerly 10D-13.0292, Amended 3-15-98. A(3ENDA ITEM MAR g 7 2COl BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: ~ ~)---~.~ Person in charge of booth: ~~ Types.of fo~ or beverage to be sewed: n Flora Administrate C~e, Chapter ~E-~ ~ r~ui~ all f~ to an appmv~ sours. All f~ storage, pmpam~n and ~e~U for ~ event shall not be done in p~ate homes. Lo.,on of .~v~.~d fo--.prep.re,on: (~g~ How will food be transported ~o event location? J/H Method of keeping food hot ~L~(~l/~r cold at event site: Method of cooking food. at the Ioca~n: Food must be protected from dust, insects, flies, coughs, sneezes. you pro~ ~.~j~ p~r.ot~_e~'on__? ~1~,~ tyre o(~,q~ruqtum: .... , ~ How will Adequate facilities and supplies shaft be provid _e~:l.~ for e,'~ployee handwashing. How will you provide this? AGENDA ITEM NO. MAR Failure to comply with applicable food service requirements in accordance with Chapter 64E-11, Flodda Administrative Code, may result in enforcement action. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments am true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Flodda Administrative Code, Chapter 64E-11. Signature of ap~p~cant ~ Date: AGENDA ITEM MAR ? 2001 PO. SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event Address of event Date(s) of event Sponsor of event Person in charge of food service Phone Number of food and beverage booths Estimated number of attenders expeqted at,_the event at one time? Number of toilets to be provided: Portable: Male (,~) Female Permanent: Male (~) Female Method of toilet waste dispo.s~. I,; U' ' Describe method of liquid kitchen waste dispos_gal: De~czibe oonl~ine~.and method of $_olid ) ) Number of solid waste disposal containers provided: Describe facilities and rn~thod of handwas, hirlg; Describe facil'.~.s and method of utensil we~hing, rinsing and sanitizing: Source of potable water:. AGENDA ITEM "°' /~, MAR 2 7 2001 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' ~ may subject the booths to be closed for pub.~ health reason. Do you understand this completely? Yes~'/ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. Signature of ~ponsor's~a/gent Date: AGENDA ITEM No. MAR g ? Z001 Page 1 of 2 DESCRIPTION OF LANDS COUNTY UTILITY EASEMENT 0 FOOT WIDE STRIP OF ~D ~CATED IN THE VINEy ~IT 3, AS RECORDED IN P~T BOOK 16, PAGES 2-5, IN THE ~DS PUBLIC ~CORDS OF COLLIER COUNTY, F~RIDA, LYING 7.50 FEET ON EITHER SIDE OF THE FOL~WING DESCRIBED CENTERLINE= ~O~ENCING AT THE NOR~EST CO~ER OF SE~ION 5 TO~S - ~N~.2%~'_~OLLIER COUNTY, F~R ' .... HIP 49 SOUTH ~ ...... ~uuTH RIGHT-OF-WAY -~ ..... ~A; SAID CO~=R BEING A~NG SAID RIGH~-~ ... ...... ~"~ u~' V~DERBILT B~u .... 83 ~ ~. __ _f~_y~-"az ~RE SOUTH 89'~-. --TC~" ~uau; THENCE - . ~Ji-~S~' ?u T~S ~OINT OF BEGINNINC; ~' '~ ~AST, _A DIST~CE OF ~'~'ANCE OF 2274.11 FEET~ TH~---'n-2~ ~CE SOUTH 01"28~00" o~' 27.42 FEET; THEN~ . ...... T?~ ouu-a'n z2'51~12-EAS~ -- FEET, THENCE SOUTH 20.1=,=-. ........ EAST, A DIST~CE SOUTH 01'28~0o. ;a-- -_~'_n==x, A DIST~cE OF . OF ~ SU~Ec~ ~ EAS~s~ ~SERVATIONS, OR ~S~I~Io~s OF ~CORD k 2049\TRS4U3 AGENDA ITEM MAR 2 7 2001 Collier County Sheriff's Office 3301 Tamiaml Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 March 8, 2001 Ms. Peg Ruby Collier County Parks and Recreation 3300 Santa Barbara Blvd. Naples, FL 34 l. 16 Dear Ms. Ruby; I have received and reviewed your plans for a 2 day country music event April 6 & 7, 2001, at Vineyards Community Park. We will provide law enforcement service for your event, based on the proposed security plan. Thank you to please fax the hours as soon as you have them, so that I might begin scheduling. Sincerely, Lt. Karen C. Strickland Special Services Bureau AGENDA ITEM No. MAR 2 7 2001 RISK MRN~GEMENT Fax:l-921-7?~-80z18 ~ar 12 '01 11:38 P. 01/O~ COLLT. ER COUNTY R,I:$K MANAG4EMENT 3301 Tamiami Trail East I~aples, Florida 34112-4902 T&lephone: (941) 774-6415 Facsimile: (941) 774-8048 E-Mail: Sher eeMediavilla~¢o Ilie~gov.net DATE: March 12o 2001 TO: Pm-ks & Recreation Peg Ruby F AC$]:M,TLE, ~t: 353-100Z # OF PAGF.~: Two FROM: Sharer L. Mediavilla, (:LA Senior Analyst Telephone: 8415 SUB.TECT: Certificate of Liability Insurance - Country .Tam AGENDA ITEM .o, MAR 2 7 2001 RISK MRN~GEMENT Fa×:1-941-?74-80~8 Mac 12 '01 11:39 P. 02/04 ~wH. oma n, I~O, a~l Rt, I~urll~ I~ Risk M~ I1~ ~erW~s, I~. To; Sher~ M~la Fa~ ACCO. CER F ATE OF LIABILITY INSU NCE co~z-z 3200 k&l~"~' ~ ~105 Meplee FT_, 34Z05-8506 P~one: 042-649-Z444 F&x:94[-649-'/'933 II THr$ CERTIFICATE l$ ISSUED AS a M~T'TER OF I~FORMATION t~Y AND CONFER~ NO RIOHTI UPON THE CERTIIRCATE HOLDER. THIS CERTIFICATE DOEI HOT aMIND, EXT~qD OR ALT~'R THE COVERAGE AFFORDED BY THE POLICIES BELOW. tt,lt,q~Eg8 AFFORDNG C01/ERAGE -] ' TI~r'I~LICIP~ OF I1~ LISTED B~I.O~ H~VE ~ 13~ED TD THE ~ WED A~ P~ THE POLICY,PER~D ~Y PE~N. THE IN~;~RDED BY ~E ~UCI~ D~CRIBED HER;IN Ig ~T TO A~ ~ TE~I K~ P~ICIES. A~EOATE LIMIT~ ~ ~Y~VE ~E~ R~D~ ~ P~D __ ~~ s 6,000,000~ ~ C~e~ntve ~ S~CT TO S~ OF ~~ s E~ ~-~y~ , s 400~ 000 CERTIFICATE HOLDER lIl I ~oo~,te~Lbe~Go;~l.r~,=: C,UIC ILI..A?ION CoIL/ix Cou'n~B,c~.=d of Coun~ 3301 list T~ ~apZes ~ 34112 ACORD 25-3 COT-T. C02 IlIOt~J K Ill 7NI ~ OL~lq 9 ! CJNC~I, Lll) NKIII TNI ILIIIIATIOII ~ R. 8a'h"~',!t,l.I4 CPCUI ~ AGENDA I?~ MAR 7 2001 ,,o. RISK MRNA6EMENT Fax:l-9~l-7?~-80a8 Mar 12 '01 11:39 P.O$/O~ COLL.TER COUNTY I:LTSK MANAGEMENT 3301 Tamiami Trail East 1~3ples, Florida 34112-4902 Telephone: (941) 774-841§ Facsimile: (941) 774°8048 E-Mail: Sher eeMediavi fla~ colliergov,net Ma~ch 1Z, 2001 TO: Parks a Recreation Steve Pfeffers FA¢ST. MT. LE #: 353-1:002 # OF PA6ES: Two FROM: 5heree L. Medi~villa, CLA Telep~ne: 84~5 Senior A~lyst 5UBZECT: Certificate of Liability ~nsurance - Collier County Public Schools AGENDA ITEM MAR 2 7 2001 RIS,K MRNRGEMENT Fax:l-941-??4-80z)8 Mar 12 '01 11:39 P. 0-4/04 ,,,,,,. ,,,c,~ n. ~ouu, ~m ~t msurar~.c i~ Riff( M~ r4~rmu'~ ,Services, Irc. To: $/~,ree MedlaVtlla /axe. (~41) ~4~.7933 De~; 3/12/01 'Jl:19 AM P-r,c ' A CORD. CERTIFICATE OF LIABILITY INSURANCE -- 03/zzt01 3200 B~le~ Z~e ~105 ~ples ~L 34105-8506 ~Ao=e: 9~1-649-1444 F&x: 94.1-649-'/933 THiS CERTII~CATE IS ISSUED A~ A M(TTER OF iNFORMATION ONLY AND COtJFER~NO mQHT$ UPON TH~ CERTIPICAT~ HOLDER. THle. C~RTI~ICA?E DOES MOT AMI;#~X BIT~JD OR JM. TER THE COVERAGE AFFORDED BY THE POUCIE$ ~EI.~N. -~ ~i~tk££eld Xns~ur~u~e 114E PouCIEs O~ ~ LIt?ED ' ~.LOW ~V£ OEEM ~ED TO THE ~ ~ED ~ FOR ~E P~ICY PER ~D ~I~ATEO. NO~ANDING MY RE~, TERM ~ c~DIT;~ ~ ~ ~NT~ ~ OTHER-~TW;~ R~PE~ TO ~1~ ~18 C~IFICATE ~Y BE I~EO OR ~Y PERT~N. ~ I~CEA~D~ ~ THE ~UCI~ DESCRleEO HER EIN'I~ ~USJE~ TO ~ ~ TE~S. E~ ~ICIES. A~REGATE LIMITS ~ ~Y~ BE~ RE.CED ~Y P~D C~IMS A ~1 ~~ ~0~64 10/01/00 10/01/01 B.Z.~. ~ZO0~ 000 ~~ s 2~ 000~ 000 "~ ~ ~e~r~ S 6,000,000 A ~ ~'~,~ ~0~64 ~0/01/00 10/01/01 (~:~.~ ~ 1,000,000 ~ E~L~ ~ __ X Col~o~ ~ ~lOOrO00 ~ 0~ ~ ~.~ S ~01264 10/01/00 10/01/01 EL~.~.0~ f 400? 000' E~-~,~u~~s ~00,000 Aut~le ~tt~ 8.Z.R. 4100,000. S.I.R.'s ~e ~olu~d witch the CAI~ c LI,.ATION ~&ple~ FL 34104 ACORD/~-$ CO:LLCO3 ~ACORD AGENDA I~E7 i ~ORPORATIOM I~IM~ / MAR 2 7 2001 Collier County Parks & Recreation Presents the 3ra Annual Vineyards Community Park 6231 Arbor Blvd, Naples, FL (941)353-0404 April 6 - 7, 2001 Friday Gates Open at 5:00 P.M. Saturday Gates Open at 12:00 P.M. Friday 8:00 P.M. Ticket Information $5.00 In Advance $8.00 Advance Combination Ticket (Good for the entire evenO Tickets go on sale on March 168 Collier County Community Parks Gator County 101.9 in Ft. Myers $8.00 at the gate Ample Free Parking Available On Site No C..olers or Alcohol Permitted Bring Your Blankets & Lawn Chairs ator Count ry~l~ ~ 101 9~~ Camival Rides & Games (Friday- $10.00 All You Can Ride Special) Petting Zoo & Pony Rides Rock Wall & Mechanical Bull Food Saturday 8:00 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CEDAR HAMMOCK UNIT THREE" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Cedar Hammock Unit Three", a subdivision of lands located in Section 3 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Cedar Hammock Unit Three". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost ~'"~of the required improvements, and 100% of the cost of any remaining .'improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Cedar Hammock Unit Three" be approved for recording. FISCAL IMPACT: The project cost is $221,657.83 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 97,133.95 - $121,523.88 The Security amount, equal to 110% of the project cost, is $243,823.61 AGENDA ITEM MAR-Z 7 ZO0 Executive Summary Cedar Hammock Unit Three Page 2 The County will realize revenues as follows: · Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4503.49 Fees are based on a construction estimate of $221,657.83 and were paid in November, 2000, and March 2001. The breakdown is as follows: a) Plat Review~Fee ($425.00 + $4./ac)- $ 470.60 b) c) Paving, Grading (1.3% const, est.) GROWTH MA/~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 485.67 Drainage, Paving, Grading (.42% const~ est.)- $ 510.40 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1457.01 Drainage, - $1579.81 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: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no There are no outstanding environmental historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That .the Board of County Commissioners approve the Final Plat of "Cedar Hammock Unit Three" for recording with the following_ stipulations: 1. Approve the amount of $243,823.61 as performance security for the required improvements. AGENDA ITEM MAR 2 ? 2001 Executive Summary Cedar Hammock Unit Three Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: ~-~hn R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Manager Date Robert Mulhere, AICP Planning Services.Department-Director APPROVED BY: John ~-. Dunr~ck III~ IhL~rim Administrator Commuhity Development & Environmental Services Date j rh AR- ? 200 29 _DEN GATE .52 < ~VIS BLVD. 8 RANGE 26 EAST 33 34 25 RADIO RD.  SITE 3 2 9 10 m 11 35 36 12 I LOCATION MAP NOT TO SCALE AGENDA ITEM "°' MAR 2 7 2001 EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN ADDITIONAL SENIOR PLANNER POSITION IN THE COMPREHENSIVE PLANNING SECTION, PLANNING SERVICES DEPARTMENT, AND THE ACCOMPANYING AMENDMENT TO THE ADOPTED FY01 COUNTY BUDGET OBJECTIVE: To gain approval for additional staffing and funding to begin the Golden Gate Area Master Plan (GGMP) restudy in the current calendar year 2001 CONSIDERATIONS: On February 13, 2001, the Board reviewed several procedural and timing options for conducting a restudy of the GGMP. Staff received direction to hire an additional Senior Planner in the Comprehensive Planning Section to enable the commencement of the restudy in the current calendar year. FISCAL IMPACT: Approval of the attached Budget Amendment will transfer $50,000 from MSTD General Fund (111) reserve for contingencies to Comprehensive Planning cost center 111-138317. This will fund the new' position ($25,000) through September 30, 2001, and provide an additional $25,000 for consulting services to assist staff and the committee with specialized technical services on an as needed basis. GROWTH MANAGEMENT IMPACT: The approval of this new position and funding will result in the update and amendment of the Golden Gate Area Master Plan (GGMP) Sub-element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IM PACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the new Senior Planner position and the attached Budget Amendment to the FY01 Adopted County Budget ATTACHMENT ?_00I CCPC RECOMMENDATION: None ATTACHMENT PREPARED BY ~ . STAN LITSINGER, A1CP~'~ COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: SERVICES DEPARTMENT DIRECTOR~;/ DATE JOH]N 51. DUNNUCK, III, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAl. SVCS. / / DATE EX SUMMARY'LB AGENDA ITEM MAR g 7 2801 EXECUTIVE SUMMARY EXECUTE SATISFACTION OF LIEN ARISING OUT OF ORDER IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD CASE ENTITLED COLLIER COUNTY V. WILLIAM E. AND BEVERLY M. MURPHY. OBJECTIVE: To execute a satisfaction of the code enforcement lien imposed against property owned by William E. and Beverly M. Murphy pursuant to an Order Imposing Fine/Lien in Collier Count), v. William E. and Beverly M. Murphy, CEB Case No. 99-066, and recorded at Official Record Book 2704, Page 0859, et seq. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement Board on February 29, 2000, in Collier Count)' v. William E. and Beverly M. Murphy, CEB Case No. 99-066. This Order fined the Murphys $1000, and upon its recording at Official Record Book 2704, Page 0859, et seq., became a lien against all real property owned by the Murphys and more particularly property identified by Folio No. 51690280108. On February 8, 2001, the lien amount of $1000 was paid in full in complete satisfaction of the lien. A Satisfaction of Lien must be executed and recorded so as to discharge the code enforcement lien as a matter of record. A copy of the Satisfaction of Lien is attached hereto. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize its Chairman to execute the Satisfaction of Lien; and Florida. Authorize staff to record the Satisfaction of Lien in the Public Records of Collier Count>', SUBMITTED BY: <<t._~_~c-, ~ ~Ellen T. Chadwell Assistant County Attorney / Date: ~//c ~' /6 / REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY: John ~. Dunnuck, III, Administrator Com[hunity Development & Environmental Services Division Date: / Date: ? l'r/~[ Prep&red b~ w~'~, 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-84~0 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Dollars ($1000.00), arising out of the Order Imposing Fine/Lien dated February, 29, 2000, on behalf of Collier County, Florida, and recorded in O.R. Book 2704, Pages 0859, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by William E. Murphy and Beverly M. Murphy, has been satisfied in full. INOMAH BLK A Lots 13 and 14 LESS the West 10 feet of Lot 13 Folio No. 51690280108 The undersigned is authorized to and does hereby release its lien as to the whole of the above-described real property, and all other real and personal property owned by William E. Murphy and Beverly M. Murphy, and consents to this lien being discharged of record. Dated this day of .2001. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COL NT'~, FLORIDA Deputy' Clerk By: James D. Carter, Ph.D., Chairman Approved as to form A~/gal s u ffi~.~r(,~/~ --~:llen T. (TM hadx~,ell Assistant County Attorney EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES ELKS LODGE #2010" OBJECTIVE: To approve for recording the final plat of Naples Elks Lodge #2010, a subdivision of lands located in Section 1, Township 50 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Naples Elks Lodge #2010" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Naples Elks Lodge #2010" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues. Executive Summary Naples Elks Lodge #2010 Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues There are no historical or EAC RECOM/~ENDATION: This project did not require EAC approval. CCPC RECOMMENDATION: This project did not require CCPC approval. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Naples Elks Lodge #2010" with the following stipulations: 1. Authorize the recording of the Final Plat of "Naples Elks Lodge #2010." PREPARED BY: John R. HouldsQ0rth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Planning Services Department Director APPROVED BY: John M.~Dunnu~k III, Interim Administrator Commun~ty"-Dev. and Environmental Svcs. D~te~ Date Date HiS' PLAT D~VtS BOAD ~ ~. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TRE TIERP~A", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Tre Tierra", a subdivision of lands located in Section 20 Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Tre Tierra". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recommends that the final plat of "Tre Tierra" be approved for recording. FISCAL IMPACT: The project cost is $5425.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ b) Drainage, Paving, Grading - $5425.00 The Security amount, equal to 110% of the project cost, is $ 5967.50 AGENDA ITEM g 7 200t Executive Summary Tre Tierra Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $543.31 Fees are based on a construction estimate of $5425.00 and were paid in March, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $450.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MJ~NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ -0- Drainage, Paving, Grading (.42% const, est.)- $22.79 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ -0- Drainage, - $70.52 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: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical There are no outstanding environmental or archeological impacts EAC RECOMI~ENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Tre Tierra" for recording with the following stipulations: Approve the amount of $5967.50 as performance security for the required improvements. AGENDA ITEM Executive Summary Tre Tierra Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and uhe County Attorney's office. PREPARED BY: John' R. Hourdswogth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R6ber{ Mulhere, AICP - ~ Planning Services Department Director APPROVED BY: John ~: Dunnuck III, Interim Administrator Community Development & Environmental Services Date Date Date jrh AGENDA ITEM NO, 2 7 2OOl ..... EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VALENCIA LAKES PHASE 1-A" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Valencia Lakes Phase 1 A", a subdivision of lands located in Section 23 Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: The Board of County Commissioners approved the plat for Valencia Lakes on December 12, 2000. Subsequent to the plat being recorded, legal errors were discovered on the recorded plat. The recording of this plat will correct the errors on the previously recorded plat. The plat document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section ~ecommends that 'the final "Valencia Lakes Phase 1-A" be approved for recording. plat of FISCAL IMPACt: The project cost is $823,759.52 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $300,000.00 - $523,759.52 The Security amount, equal to 110% of the project cost, is $906,135.47 AGENDA ITEM No. MAR 2 7 2-001 Executive Summary Valencia Lakes Phase 1-A Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $9721.66 Fees are based on a construction estimate of $523,759.52 (does not include Orangetree Utilities water and sewer) and were paid in August, 2000, and are reflected in the Executive Summary of December 12, 2000. 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 outstanding environmental issues HISTORiCAL/ARCHEOLOGICAL IMPACT: archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: There are no historical or That the Board of County Commissioners approve the Final Plat of "Valencia Lakes Phase 1-A" for recording with the following stipulations: 1. Approve the amount of $906,135.47 as performance security for the required improvements. I- AGENDA ITEM MAR'2 ? ZOO1 Pg. ~ _ _ Executive Summary Valencia Lakes Phase 1-A Page 3 o Accept the existing Construction, Maintenance, and Escrow Agreement for Valencia Lakes as security for this project. a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: · · Houldsworth, Senior Engineer Engineering Review REVIEWED BY: · Thomas E. Kuck, P·E. ~Engineering Review Manager kobe~t Mul'Her~[--AICP Planning Services Department Director APPROVED BY: Com~m~ni tyU~enUveClko~ImeI~tI~t~nrvi~r~ndmm~nn~aS]tr~et~vrices Date Date Date Date j rh AGENDA ITEM MAR III LOCATION MAP NOT TO SCALE VALENCIA L LEGAL OESCR AGENDA ITEM MAR 2 ? 2001 EXECUTIVE S~Y FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR GLEN EAGLE CART 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 De%eloper of Glen Eagle Cart Barn, 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 September 22, 1999, 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 have 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 $1,031.00, 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 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 ~%NAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. AGENDA IT. EM .o. MAR 2 7 2001 Executive Summary Glen Eagle Cart Barn 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 Glen Eagle Cart Barn, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED B.y: ~ ,/~, :' ~; ~' , /" Shirley N~x, Lkn, ~ineezZing Technician II Engineer~ing ReView Services Date REVIEWED BY: Thomas E. Kusk, P.E. 'Engineering Review Services Manager Date R~~ere, AI CP Planning Services Department Director ~ -/=- ~,/ Date APPROVED BY: John . D n .~~nu~terim Administrator Date attachments AGENDA iTEU MAR. ? 001 OOL £N GATE pARK"lAy (C.R. 886) · v ~AT ~ r~ LOCATION MAP NOT TO $CAL~ AGEND& ITEM .o. MAR 2 7 2001 PcJo Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number 1 Date t Post Date Payment Slip Nbr 154629 I 09/17/1999 3:01:05 PM 09117/1999 MS 59614 TRANSEASTERS PROPERTIES, INC. GLEN EAGLE CART BARN Payor · TRANSEASTERN PROP Fee Information Fee Code 12BOND Description ~ G'L Account ' DEPOSITS-COMM DEV (CASH BOND] 67000000022011300000 Total Amount Waived $1031.00 $1031.00 Payments Payment Code AccountJCheck Number Amount , CHECK 827625359 $1031.00 Total Cash. ' $0.00 Total Non-Cash i $1031.00 Total Paid ! $1031.00 Memo: Cashier/location: FROLOFF_E / 1 User: NIX_S Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGENDA ITEM "°'/~, h/o- MAR 2 7 Z001 Printed:09/17/1999 3:01:44 PM EXECUTIVE SU~VLkRY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BRIARWOOD UNI'f SEVEN" OBJECTIVE: To approve for recording the final plat of Briarwood Unit Seven, a subdivision of lands located in Section 31, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Briarwood Unit Seven". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees. have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the "Briarwood Unit Seven" be approved for recording. final plat of FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for~ the project. ENVIRONMENTAL ISSUES: There are no environmental issues' AGENDA ITEM No. MAR 2 7 ZOO1 Executive Summary Briarwood Unit Seven Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues. There are no historical or EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat 'of "Briarwood Unit Seven" with the following stipulations: 1. Authorize the recording of the Final Plat of "Briarwood Unit Seven." PREPARED BY: John R. Houl~sworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Ku~k, ~.'E. Engineering Review Manager ;'Ro~~lhere, AICP Planning Services Department Director APPROVED BY: nterim Administrator John M~'D ' Commur~ty'" Dev. and Environmental Svcs. Date Date ~Date AGENDA, ITEM NO. '~/ ~) ~4 MARZ 7 2001 30 ~c~r ~I~J____~LDEN GATE PARKWAY ~ 56 O 32 ~ ~ Z O RADIO RO ~O C.R. 856 1 FOXFIRE 6 PRO, SITI LOCATION MAP (N.T.S.) AGENDa. ITEM No.. / / MAR 2 ? 2001 pg. ~3 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BRIARWOOD UNIT NINE ", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREE OBJECTIVE: To approve for recording the final plat of "Briarwood Unit Nine", a subdivision of lands located in Section 31 Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of ,'Briarwood Unit Nine". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement ~--for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be-in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of ,'Briarwood Unit Nine" be approved for recording. FISCAL IMPACT: The project 'cost is $95,143.05 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $20,974.00 b) Drainage, Paving, Grading - $74,169.05 The Security amount, equal to 110% of the project cost, is $104,657.36 AGENDA ITEM Executive Summary Briarwood Unit Nine Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,695.20 Fees are based on a construction estimate of $95,143.05 and were paid in November,.2000. The breakdown is as follows: a) Plat Review~Fee ($425.00 + $4./ac)- $445.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $104.87 Drainage, Paving, Grading (.42% const, est.)- $311.51 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $314.62 Drainage, - $964.20 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 outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Briarwood Unit Nine" for recording with the following~ stipulatioRs: 1. Approve the amount of $104,657.36 as performance security' for the required improvements. AGENDA ITEM NO. MAR g 7 2001 Executive Summary Briarwood Unit Nine Page 3 2 Approve the standard form Construction Agreement, and and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and · an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Hould~wbrth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, [E. Engineering Review Manager R~bert Mulhere, AICP Planning Services Department. Director APPRO~D BY: John M/~ Dunnuck III, Interim Administrator Commu~ty Development & Environmental Services D~te Date Date j rh AGENDA ITEM No. ,4-/-o% MAR-g 7 2001 pg. J 3O ~LD£N GATE PARKWAY' ~ ~ ,- = RADIO RO~ ~,~ 1 FOXFIRE ~ - LOCATION ~P (N.T.S.) AGENDA ITEM NO. MAR 2 ? 2001 Pg'_ Z,/_. '~--- EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDI~'~ THE FINAL PLAT OF "BRIARWOOD UNIT TEN", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Briarwood Unit Ten", a subdivision of lands located in Section 31 Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Briarwood Unit Ten". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining --- improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Briarwood Unit Ten" be approved for recording. final plat of FISCAL IMPACT: The project ~st is $230,452.95 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving., Grading - $ 74,422.00 - $156,030.95 The Security amount, equal to 110% of the .project cost, is $ 253,498.25. AG ENDA~IT~EM MAR g ? 2001 Executive Summary Briarwood Unit Ten Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and .an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: Gohn R. Houldswo~-th, Senior Eng±neer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Mulhere, AICP Planning Services Department. Director APPROVED BY: John/9~. Dunnuck III, Interim Administrator CommUnity" Development & Environmental Services Date j rh AGENDA ITEM MAR 2-7 2001 Pg. 3O 25 GOLDEN GATE PARKWAY , ~ 36 o; 32 ~ o '~ RA0,O RO~, qC.R. 856) 1 FOXFIRE -- -- 6 PRO.H~ LOCATION MAP (N.T.S.) AGENDA ITEM / No. ; - MAR2 7 2001 EXECUTIVE SU-t~I~d~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "JUBILATION", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Jubilation", a subdivision of lands located in Section 32 Township 46 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Jubilation". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees were waived by the Board of County Commissioners at the regularly scheduled meeting of January 1t, 2000 (item #8A2) . Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recommends "Jubilation" be approved for recording. that the final plat of FISCAL IMPACT: The project cost is $650,000.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $185,000.00 - $465,000.00 The Security amount, equal to 110% of the project cost, is $715,000.00 AGENDA ITEM No. MAR g 7 ; OOl Executive Summary Jubilation Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $ -0- Fees waived by the Board of County Commissioners: $11,631.00 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 issues HISTORICAL/ARCHEOLOGICAL IMPACT: archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: no outstanding environmental There are no historical or That the Board of County Commissioners approve the Final Plat of "Jubilation" for recording with the following stipulations: Approve the amount of $715,000.00 as performance security for the required improvements. AG END,~ ITEM MAR 2 7 2001 Executive Summary Jubilation Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. c. That any unresolved issues relating to right-of-way dedications are resolved prior to recording of the final plat. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Manager Rober~ Mulhere, AICP Planning Services Department Director APPROVED BY: John M,'i' Dun~uck III, Interim Administrator Community Development & Environmental Services Date Date j rh AGENDA ITEM No.. EAR SCALE 2,:I 26 3( 14 6 17 Johnson Rd. 20 ~21 i 22 28 27 I 26 -~MMOKALEE f AIRPORT LOC A TION MAP AGENDA ITEM MAR 2 ? 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE RELEASE OF PURPORTED LIEN FOR PUBLIC NUISANCE RESOLUTION 98-308. OBJECTIVE: To release a purported lien recorded after the time frame of a property transfer that did not meet the notice requirements. CONSIDERATION: On September 1, 1998 the Board of County Commissioners adopted Resolution NO. 98-308 assessing a lien for the abatement of a public nuisance in the principal amount of $175.00 on the property described as Lot 12, Block 101, Golden Gate City (incorrectly stated as "Estates" in previously recorded Resolution 98-308 in OR Book 2466, Page 2498) Unit 3, which was owned by Jeffery L. and Lisa M. Crawford. This property was part of a Personal Bankruptcy issue and by operation of the law ownership interest transferred, by way of a Certificate of Title, recorded January 8, 1998. At the time this case was being investigated the Property Appraiser's records indicated the owners to be Jeffery L. and Lisa M. Crawford and proper notice was given, as required. On February 6, 1998 the property ownership rights were conveyed by way of a Warranty Deed, prior to the recording of the lien. Because ownership of the real property described above was conveyed to a new and different owner of record prior to recording said resolution, the purported lien never attached to the property. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Release of Lien, which is estimated to be $6.00 and will be paid from the Code Enforcement account. GROWTH MANAGEMENT IMPACT: No impact anticipated RECOMMENDATION: That the Board approve the attached Release of Purported Lien for the cost of the abatement of a public nuisance, as recorded on September 1, 1998 by Resolution NO 98-308 recorded in OR Book 2466 Page 2948 of the Official Records of Collier County, Florida. SUBMITTED BY: r~'/~ 'Ff-~-- - -~'~ Date: '3 -2.9 - ol Janet L. Powers, Operations Manager REVIEWED BY: ~ v - _ Date:. 3 -.:bY- U / Michelle Arnold, Director Code Enforcement APPROVED BY: /l' John M. Dunnuck 1II, Interim Division 'Administrator MAR 7 001 This instrument prepared by: Patrick G. White Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 FOR CLERK'S USE ONLY Property Folio No. 36000800009 RELEASE OF PURPORTED LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA was the owner and holder of a certain purported Lien arising by Resolution No. 98-308 against: Jeffery L. & Lisa M Crawford 4516 28Ih Pl. SW Naples, FL 34116 The purported lien was recorded on October 02, 1998 Official Record Book 2466, Page 2948, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien purportedly secured the principal sum of One Hundred Seventy-Five dollars (175.00), plus accrued interest and penalties, if any, and purportedly imposed certain obligations against real property situated in Collier County, Florida, which property is described as follows: Lot 12, Block 101, GOLDEN GATE CITY, Unit 3, According to the plat thereof as recorded in Plat Book 5, Pages 97 to 105, Public Records of Collier County. REFERENCE: #70617-011 Collier County, a political subdivision of the State of Florida, by execution of this Release of Purported Lien, acknowledges and hereby cancels any said Lien which may have been created by recording said resolution. Because ownership of the above referenced real property was conveyed to a new and different owner of record prior to recording said resolution, the purported lien never attached to the property, The Clerk of the Circuit Court is hereby directed to record this Release of Purported Lien in the Official Records of Collier County, Florida, to acknowledge that legally the lien never came into being and does not now exist. 1N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Release of Purported Lien, by action of the Board this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By:. James D. Carter, Ph.D, Chairman l~atri~k G. White, Assistant County Attorney MAR 2 7 2001 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF FOUR NEW VEHICLES FOR THE TRANSPORTATION DIVISION AND APPROVE THE NECESSARY BUDGET AMENDMENTS. OBJECTIVE: To obtain Board approval to purchase four (4) new vehicles for the Transportation Division and approve the necessary budget amendments. CONSIDERATIONS: The Transportation Division recently added several new positions to the Division and also shifted several positions to different departments. They also took over the operations of the MPO Department and formed a new Transportation Planning Department. We currently do not have enough county vehicles to support the new staff that has been added which in some cases causes staff members to use their own personal vehicles for County business. One vehicle is being requested for the Director of the Transportation Planning Department. This vehicle will also be shared with her staff members. One (1) vehicle is being requested for the Transportation Operations CAD section that was transferred from Transportation Engineering to Transportation Operations. This section includes 5 employees that will share one vehicle. Two (2) vehicles are being requested for 2 new Engineering Inspector positions that were recently approved. The funding of 2 vehicles will come from Fund 313 (Gas Taxes) and the Funding for the other 2 vehicles will come from Fund (101) Transportation Services. The cost for each vehicle on the state contract is $21,063.50. FISCAL IMPACT A budget amendment is needed to transfer funds from the Transportation Services Fund (101) Reserves ($42,127) and from the Gas Tax Fund (313) Reserves ($42,127) and appropriate in each departments operating budget for the purchase of these vehicles. Total cost for all 4 vehicles will be $84,254.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the purchase of four (4) new vehicles for the Transportation Division and approve the necessary budget amendments. DATE:~7., i,, ;/, - i --- DATE: '~1 1~'tt', ~AR 2 7 2001 EXECUTIVE SUMMARY ACCEPT ACCESS & MAINTENANCE EASEMENTS FROM THE FOUNTAINS CONDOMINIUMS THAT WILL FACILITATE THE COUNTY IN MAINTAINING AN EXISTING DRAINAGE EASEMENT NORTH OF RATTLESNAKE HAMMOCK ROAD. OBJECTIVE: To accept Access & Maintenance Easements from The Fountains Unit III, Inc., a Florida corporation not-for-profit and The Fountains Unit No.5 Condominium Association, Inc., a Florida corporation not-for-profit (collectively referred to as the Fountains Condominiums) that will allow Collier County to access and maintain an existing drainage easement. CONSIDERATION: An Access and Maintenance Easement is required from the Fountains Condominiums which will enable the Collier County Stormwater Management Department to access and maintain the existing drainage easement that was dedicated in favor of Collier County in the Plat of Riviera Golf Estates Plat Book 10, Page 104. This drainage easement is located along the eastern border of the Fountains condominium developments and north of Rattlesnake Hammock Road and is instrumental in alleviating flooding in this East Naples neighborhood. The required documents have been reviewed and approved by the County Attorney as to their legal form and sufficiency in preparation for acceptance by the Board of County Commissioners. The required easements are being acquired via donation. ~-,~_ISCAL IMPACT: Total acquisition with documentary stamps and recording costs ~ ~ exceed $100.00. Funding is available in the Stormwater Management Administrative Fund 001 for the FY-01 budget. The source of the funding is ad valorem taxes. GROWTH MANAGEMENT: The maintenance of the County's secondary canal system is implemented in accordance with commitments made in the County's Growth Management Plan RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the Easements as granted by the Fountains Condominiums; 2. Authorize the Chairman to execute the affiliated agreements; Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Court the easement and appropriate documents that will assist to clear title in the Public Records of Collier Cou No. I ( MAE 2 7. 2001 Executive Summary Fountains Condominiums Maintenance Easements Page 2 of 2 SUBMITTED BY: REVIEWED Ernie W. Kerskie, Real Property Specialist III Real Property Management Department Carrington, Jr., pirecio[ Real Property Management Department REVIEWED BY: Robert C. Wiley/P.E., Senior Project Manager Stormwater Management Department REVIEWED BY: APPROVED BY: Joh~/H. Boldt, P.E., PSM, Director Stormw~er Management Department Norman E. Feder, AICP, Administrator Transportation Division DATE: ~-15~°I DATE: DATE: AQ~/I~. ~3~ I,'lI~ NO. MAR 2 ? 2001 Pg. r~ PROJECT: Fountains/Riviera Golf Estates PARCEL: Fountains Unit 5 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE FOUNTAINS UNIT NO. 5 CONDOMINIUM ASSOCIATION, INC., a Florida Corporation not for profit, (hereinafter referred to as "Owner"), whose mailing address is 4490 Chantelle Drive, Naples, FL 34112, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112. WlTNESSETH: WHEREAS, County has requested that Owner grant to the County an Access and Maintenance Easement for the right to enter upon said land, excavate, and place or remove materials for the purpose of accessing, constructing, operating and maintaining the existing adjacent drainage and utility facilities. The Access and Maintenance Easement shall be over, under, upon and across the lands described in Exhibit "A" (said Access and Maintenance Easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to grant the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to grant the Properb, to the County for the stated purposes, on the terms and conditions set forth herein, sak terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 3. The Closing ("Closing") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the County, unless extended by mutual written agreement of the parties hereto. 4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/Or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 5. The County shall pay for all costs of recbrding the granting instrument in transaction in the Public Records of Collier County, Florida. Any and all othe.~ c. osts~ s~ha,_l~: b~e~_ai_(;J,~, Owner. 6. Owner represents that the Property and all uses of the presently are in compliance with all Federal, State and Local en, AG ~..~1. I~ IT~{~ N°'--J-~ r-52 -~--~~ Property have ~een and ironm~ ~s~t no .... hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings. or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. To the greatest extent allowed by law, Grantee shall indemnify, save harmless and defend Grantor from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against Grantor by reason of any act or omission of Grantee, its agents, consultants, employees or contractors in the execution of any work performed pursuant to this easement, and agrees to assume any related costs. 10. Granting of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not. contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D, Chairman MAR 2 7 2001 AS TO OWNER: First Witness (Signature) (Print or Type) Second Witness (Signature) Name: .'~.l~. ~ (Print or Type) The Fountains Unit No. 5 Condominium Association, Inc., a Florida Corporation Name/Title Name: ~.,¢.~,~'.-',,~-,; ~/~'-'/~?,4~/ (Print or type) Approved as to form and legal sufficiency: R o~/,~.-~ ~ Assistant County Attorney AGE~I~IDA ITE. b) MAR 2 7 2001 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHIBIT_ oLL, LEGAL DESCRIPTION (NOT A SURVEY) PROTECT NO ......................... PARCEL NO ...... FOLIO NO .............................. THE FOUNTAINS UNIT $ THE WEST 30 FEET OF THE EAST 60 FEET OF THE NORTH 695.84 FEET OF THE SOUTH 1325.74 FEET' ;)F TRACT "K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTAT~S,i~RACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND; THE NORTH 15 FEET OF THE SOUTH 35 FEET, OF TRACT "K" LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. No.~~-- - _ MAR 2 ? 2001 Pg._ L; - ' "~'~'(~ I~. RICHMOND · . PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 .... SHEET 1 OF 1 PROJECT: FOUNTAINS/RIVIERA GOLF ESTATES PARCEL: FOUNTAINS UNIT 5 EASEMENT THIS EASEMENT, made and entered into this / ,z~ !ayof /z-;~gu'lJ~'-/V' , 2001, by THE FOUNTAINS UNIT NO. 5 CONDOMINIb,~ ASSOCIATION, INC., a Florida Corporation not-for-profit, whose mailing address is 4490 Chantelle Drive, Naples, FL 34112 as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tam/ami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WlTNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and-other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive, license, and privilege for access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of accessing, constructing, operating and maintaining the existing adjacent drainage and utility facilities. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. IN THE PRESENCE OF: FIRST WlTNES~Signature) ~' ~._,) SE~/?~NI~ WI'~E[SS (~ignature) (Print Name) THE FOUNTAINS UNIT NO. 5 CONDOMINIUM ASSOCIATION, INC., a ~'~FI°rida Corporation~.~r.~.~not ~or profit ~ .~_~resid~ent or Vice Pre'"~dent NAR 2 ? 2001 pg. '~ STATE OF FLORIDA COUNTY OF COLLIER _The. foregoing Easement was acknowledged be, fore me th!s / day of ~,~(" .... 2001, by ~,~,o~..~,~Cc~ /~g,4-.~,+,.,,' (Name/Title), on behalf of T~e Fountains'Unit No. 5 Condominium Association, Inc., a Florida Corporation not for profit, and ~ is p~_rsonally known to rn'e..3ur has produced Identification]~dentiflcation. (Affix notarial seal) (Signature of Nota (Print Name of Notary) Commission # My Commission Expires: Prepered bY N. Z~chary, Esquire tho Courtly Att~rnsY ~:~ T~miam~ Trail Florida 341 t~ MAR 2 7 2001 PUBLIC ~VORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ', (941) 774-8192 EXHIBIT~_ LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ......................... PARCEL NO ...... FOLIO NO .............................. THE FOUNTAINS UNIT 5 THE WEST 30 FEET OF THE EAST 60 FEET OF THE NORTH 695.84 FEET OF THE SOUTH 1325.74 FEET ')F TRACT "K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTAT~S,~RACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND; THE NORTH 15 FEET OF THE SOUTH 35 FEET, OF TRACT "K" LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY DAT ;:~;~'~"~i' ~'i~/~'~'~' .......... i .......... " PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 .... SHEET 1 OF 1 PROJECT: Fountains/Riviera Golf Estates PARCEL: Fountains Unit 3 DONATION AGREEMENT .1 THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made ~ and entered into by and between, THE FOUNTAINS UNIT III, INC., a Florida Corporation not-for-profit, a/k/a THE FOUNTAINS UNIT NO. 3, INC. (hereinafter referred to as "Owner"), : whose mailing address is~325 Ch~.--'---zm-:z2~+ ~.:.-::!evz¢~-, ?-L:~;;e~., F'L 3:~i ~2,. and COLLIER-: COUNTY, a political subdivision of the State of Flodda, (hereinafter referred~'to as "County"), ! whose mai ng address is 3301 East Tamiami Trail Naples Florida 34112. _,J.,3 . ~ I WlTNESSETH: WHEREAS, County has requested that Owner convey to the County an Access and ~ Maintenance Easement for the right to enter upon said land, excavate, and place or removet~l materials for the purpose of accessing, constructing, operating and maintaining the existing ~1 adjacent drainage and utility facd~t~es. The Access and Maintenance Easement shall be ~:~'~ over, under, upon and across the lands described in Exhibit "A" (said Access and ~'1 Maintenance Easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner sh'all convey the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 3. The Closing ("Closing") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the County, unless extended by .mutual written agreement of the parties hereto. 4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 5. The County shall pay for all costs of recording the conveyance instrument in transaction in the Public Records of Collier County, Florida. Any a, ~tl~.;.h.~ll~;i b~ paid by Owner. No.~) 6. Owner represents that the Property and all uses of the Prop~l~.a~ ~ and presently are in compliance with all Federal, State and Local en ironmehtal l'aw~'tE~t no Pg. hazardous substances have been ge.nerated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings' or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 6. This provisiQn shall survive Closing and is not deemed satisfied by conveyance of title. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D, Chairman AGENDA I'~__.. No.._~ .2001 AS TO OWNERS: 'FirSt ~it~"ess (Signature) (Print or Type) §e~0nd 'Wit'-ne-ss (~igr{ature) ~' (P~'i~ Or Type) The Fountains Unit III, Inc., a Florida Corporation not-for-profit, a/k/a The Fountains Unit No.~c. ' N~'m~itle Name: (Pdnt or type) Approved as to form and legal sufficiency: Robert 2a'~h~ry Assistant County Attorney AGE~I~/~TEM') NAR 2 7 2001 Po. PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHIBIT Page / of.. LEGAL DESCRIPTION (NOT A SURVEY)' PROJECT NO ......................... PARCEL NO ...... FOLIO NO .............................. THE FOUNTAINS UNIT 3 THE WEST 45 FEET OF THE EAST 75 FEET OF THE SOUTH 270 FEET OF TRACT "K" OF.THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ~;~EORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET I OF 1 PROJECT: FOUNTAINS/RIVIERA GOLF ESTATES PARCEL: FOUNTAINS UNIT 3 THIS EASEMENT, made and entered into this ¢~/ day of 2000, by THE FOUNTAINS UNIT III, INC., a Florida Corporation not-for-profit, a/k/a THE FOUNTAINS UNIT NO. 3, INC. whose address is S-".g C;;u;iu~;;:-.~;;;~. .......... "-~:'~ to COLLIER COUNTY, a political subdivision of th~ ,.~. ....,,_ ...... as "Grantor" State of Florida, whose mailing address is 3301 Tamiami Trail East, NapleS, Florida ~.~ 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successo'rs and · assigns.) WlTNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknow!edged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive, license, and privilege for access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of accessing, constructing, operating and maintaining the existing adjacent drainage and utility facilities. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. IN THE PRESENCE OF: (Print Name) SECOND WITNESS (Signature) (Print Name) THE FOUNTAINS UNIT Ill, INC., a Florida' Corporation not-for-profit, a/k/a THE FOUNT_.oAINS UNIT NO._3, INC. ' Y¢~-2"; ' ~ ' Pr~'i'~ent or Vice President No,~L~Z2 MAR 2 7 2001 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement was acknowledged before me this 2-1 ~ day of ~'~ ,2000, by ~.~,,~ C. ~,~c, LI/~. ('UameFFitle), on behalf of The Fountains U~n_iLLIt,Jn~.~~ation not-for-profit, a/k/a The Fountains Unit No. 3, Inc., and~yho is personally known to m~--~or has produced [type of Identification] as identification. (Affix notarial seal) ~o,,~.~LP4e¢. Ernest W. Kerskie · ,f% ~Commil~i0a ~ C~ 753115 ~ E,~ptm~ ,J~ne 21, 2002 ~-, BONDED mRU (Print Name of Notary) Commission # (.'~ '7 My Commission Expires: Prepared by:O'S..~'~ ~ Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlaml Trail Naples, Florida 34112 (941) 774-8400 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHIBIT,, Page,, I of~ LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ......................... PARCEL NO ...... FOLIO NO .............................. THE FOUNTAINS UNIT 3 THE WEST 45 FEET OF THE EAST 75 FEET OF THE SOUTH 270 FEET OF TRACT "K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGEblDA ITEM MAR 2 7 2001 Pg. [CC; O~EORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF I EXECUTIVE SUMMARY APPROVE COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR PROFESSIONAL ENGINEERING SERVICES FOR VANDERBILT BEACH ROAD) COLLIER COUNTY PROJECT NO. 63051, CIE NO. 24. OBJECTIVE: Obtain Board's approval of Committee's ranking of firms for the Vanderbilt Beach Road Professional Engineering Services and authorization to begin contract negotiations with the top ranked firms for subsequent Board approval. CONSIDERATIONS: On January 22, 2001 the County requested proposals (RFP//01-3195) from firms that are interested in providing Professional Engineering Services of a consulting engineering firm to provide complete design and environmental permitting services to convert Vanderbilt Beach Road fi.om a two lane rura! roadway to a six lane (6) urban divided roadway from Airport-Pulling Road to Logan Boulevard and four lane (4) urban divided roadway from .Logan Boulevard to Collier Boulevard (formerly called CR 951). One hundred thirty eight (138) notices were sent out. Total of six (6) firms requested RFP fi.om the County and responded on February 16, 2001. Review of the six (6) proposals suggested that all of the prospective engineering firms complied with the County Purchasing requirements. See the attached Professional Engineering Services Selection Committee Ranking Matrix. The Committee reviewed the six proposals and ranked the best qualified (the top 3) finns for approval and contract negotiations as follows: 1. CH2MHill 2. Wils0nMiller, Inc. 3. Stanley Consultant, Inc. Upon Board's approval of the Committee's ranking, staff will negotiate a Profession'al Engineering Services contract with the top ranked firm and hope to reach an agreement in two weei~s time. If agreement is not reached, staff will begin contract negotiation with the second ranked firm for subsequent Board approval. ~-¢FISCAL IMPACT: for the Professional Engineering Services contract will come from Funding the Road Construction Gas Tax Fund (313). Source of Funds will be Gas Taxes: GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with the Capital Improvement Element of the Growth Management Plan. CIE No. 24 RECOMMENDATION: Committee's ranking. (2) Authorize staff to begin contract negotiations with ranked firm for the Board's approval That the Board of County Commissioners (1) approve the . AO-.-~ND~, ITE~ No. NAR 2 7 2001 pg. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: ~//9 /oj A. Nyankadau Korti, Project Manager Transportation Engineering & Construction Management Department Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management Department ..(~ c(~, ~'Z'[{7 Date: ~ lief/O { Stev~-Camell, D~ector Purchasing Department Stephen Miller, P.E., Director Transr~9/tation Engineering & Construction Management Department Norman Feder, AICP, Transportation Division Administrator / Date: MAR 2 7 2001 TABULATION FOR RFP # 01-3195 "Design & Permitting for Vanderbilt Beach Road (Airport-Pulling to Collier Blvd.)" DATE OF RFP ADVERTISEMENT: 01/22/01 RFP DUE: 02/16/01 NO. OF NOTICES SENT: 138; VENDORS REQUESTED FULL PACKAGE: 6 Proposer Pitman Hartenstein & Assoc. Wilson Miller lohnson En$ineering Consul-Tech Eng., Inc. Stanley Consultants, Inc. CH2M Hill Tampa, FL Naples, FL Naples, FL Miami, FL City, State Original + 5 Copies X Yes I--]No X Yes ['-] No X Yes [-] No X Yes [--] No West Palm Beach, FL X Yes [-] No Tampa, FL × Yes [--] No Witness I MAR 2 7 2001 i · EXECUTIVE SUMMARY THAT THE BCC APPROVE A POLICY ALLOWING COUNTY EMPLOYEES TO PURCHASE MONTHLY BUS PASSES THROUGH PAYROLL DEDUCTION AND THAT THE COUNTY PROVIDE A 50% MATCH AS AN EMPLOYEE BENEFIT. OBJECTIVE: To approve a policy allowing County employees to purchase monthly bus passes through pa)xoll deduction and that the County provide a 50% match as an employee benefit. CONSIDERATION: Currently the County offers various benefits to employees through payroll deduction such as the Fitness Center membership. With the start up of Collier Area Transit (CAT), employees have an opportunity to leave their cars at home and take the bus to and from work. A bus pass program would reduce the parking problem at the Government Center, allow some employees to reduce the number of cars they must own and lead the way in encouraging other major employers in the area to provide a similar benefit to their employees. In recent discussions, the Finance Deparmaent General Operations Manager indicated that payment for the passes through payroll deduction would be possible. FISCAL IMPACT. ~ It is estimated that 5 to 10% of employees would use public transportation for travel to and from work. Based on approximately 1,300 Count).' employees, the County's cost of a monthly pass program would be $15,600 per year. ($20.00 per pass x 130 employees x 12 months ~ 50% of cost) = $15,600. If approved, the County and each participating employee would contribute $4.62 bi-weekly for participation in the program. The County's $4.62 bi-weekly share would be funded from the participating employee's departmental operating budget. GROWTH MANAGEMENT IMPACT; None. RECOMMENDATION: That the Board approve a policy to offer monthly bus passes to employees through pa~yxoll deduction and provide the 50% match as an employee benefit. Norn~ Feder, Transportation Services Administrator / MAR 27 2001 EXECUTIVE SUMMARY APPROVE WORK ORDER PUED-MS-29 TO MITCHELL & STARK CONSTRUCTION COMPANY, INC. FOR ROYAI. PALM IRRIGATION PUMP STATION IMPROVEMENTS, CONTRACT 00-30~"~, PROJECT 73916. OBJECTIVE: To improve system reliability and reduce operational expenses. CONSIDERATIONS: This station delivers pressurized reclaimed water to irrigate Royal Palm Golf Course. The existing pump station has proven to be inefficient and unreliable and needs to be replaced. Staff received quotes from the four firms currently under contract for providing Underground Utility Construction Services. Our consultant recommends award of the contract to Mitchell & Stark Construction Company, Inc. A copy of their letter is attached. The quotes are as follows: Mitchell & Stark Florida State Underground Kyle Construction D. N. Higgins Base Bid $105,960 $126,823 $131,717 $133,000 Attached is a copy of the work order to Mitchell & Stark Construction Company, Inc. to perform this work. FISCAL 'IMPACT: Funds for this work order in the amount of $105,960 are available from- County SeWer Capital Projects. The funding source is User Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize the Pubhc Utilities Engineering Director to execute Work Order PUED-MS-29 with Mitchell & Stark Construction Company, Inc. suBMITTED BY: Date: Alicia Abbot~ Public Utilities Engineering Project Manager Karl W. Boyer, P.E., Interim/Utilities Engineering Director REVIEWEDBY: (~~ ~ ~ Date: Jo~phB.~eatham, Wastewater Director ~ ~ ?~ Date: APPROVED BY: ~//~_~~ ~.~~7/ Jame.~V. Mudd, P.E., Public Utilities Administrator MAR 2 7 2001 HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way. P.O. Box 111629- Naples, FIodda 34108 · Phone: 941.254.2000 · Fax: 941.254.2097 March 6, 2001 03-07-2001 A04:05 Ms. Alicia Abbott Collier County, Government Complex Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. "H" Naples, Florida 34112 Royal Palm Reuse Pump Station BIDS REVIEW AND RECOMMENDATION OF AWARD HM File No. 2000.038 Dear Alicia: We have reviewed the four bids received on February 2nd for construction of the proposed Royal Palm Reuse Pump Station. The bids are summarized on the enclosed spreadsheet. We recommend award of the construction contract to Mitchell & Stark Construction Company, Inc. in the amount of $105,960, which includes a 24 month manufacturer's warranty on the pump system from Flowtronex. At the County's direction, we have requested noise level information from Flowtronex on the proposed system. Although they do not have certified noise level data; the factory, is attempting to estimate an approximate noise level. As soon as this information is received, we will forward it to you. In the interim, we suggest noise level readings be taken on the existing Royal Palm Pump Station system. These readings should be measured during maximum noise levels and at 5 or 10 feet away and at the closest property line. If, you have any questions or concerns regarding this matter, please contact me. Thank you for the opportuniW to be of service to Collier County. Very truly yours, Ff.. Cliffor _{~/P~per III, P.E. Directorfl/Project Management HCP/mmw Encl. cc: Bob Casey Jon Pratt W:\2000~2000038\C I (Client Corr)k20~010306-aa-rev-bid-review-ltr.doc Naples. Fort Myers. Venice. Englewood AGENDA ITEM No.J_~_O_.. ( t)__ MAR 27 2001 Pg._ HOLE MONTES, INC BID TABULATION FOR COLLIER COUNTY WASTEWATER DEPARTMENT ROYAL PALM REUSE PUMP STATION BIDS RECEIVED FEBRUARY 2, 2001 Bid Mitchell & Florida State Kyle ItemI Item Description Stark Underground Construction 2 Furnish Only One Packaged, Four- pump System Install Only One Packaged. Four- pump System Piping Removal and Salvage of · Existing Equipment Optional Extended Two-year Warranty on Pump System $97,960.00 $7,000.00 $1,000.00 Included in bid $93,378.00 $25,200.00 $97,267.00 $24,45O.O0 $6,000.00 $2,245.00 $6,8oo.ooi $3,200.00 D.N. Higgins $114,000.00 $15,00000 $3,000.00 $1,000.00, BID TOTAL Name of pump manufacturer Calendar days required for completion $105,960.00 $126,823.00 $131,717.00 $133,000.00 Flowtronex Flowtronex Flowtronex FIowtronex 120 90 120 98 Bid with Alternate Manufacturers: None None $109,778.00 Wate~onics 120 days $111,000.00 Watertonics 98 days $87,500.00 Golf Course Irrigation Svcs 98 days 2000.038Bid-Tabulation-12Feb01 .xls AGENDA ITEM -- MAR 2 7 2001 WORK ORDER # PUED-MS-29 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #00-3087, Dated October 10, 2000 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: South County Water Reclamation Facility Royal Palm Reuse Pump Station The work is specified in the proposal dated February 2, 2001 from Mitchell & Stark Construction Company, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # PUED-MS-29 is assigned to Mitchell & Stark Construction Company, Inc. Scope of Work: Task I: Furnish One packaged, four-pump system. Task I1: Install one packaged, four pump system Task IIh Piping removal and salvage of existing equipment Schedule of Work: Complete within 120 Calendar days form issue of notice to proceed, Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I: _$ 97,960 Task I1: $ 7,000 Tasklll $ 1,000 Total Fee $105,960 (Lump Sum) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Alicia Abbott, Project Manager Date Public Utilities Engineering Department APPROVED BY: Jo p~hB. Cheatham, Wastewater Director Date APPROVED BY: Karl W, Boyer, P.E., Interim Director Public Utilities Engineering Department Approved as to Form aad Lethal- Snfftcien~cy: ~, Asst-~tant County Attorney ATTEST: (Corporate Secretary) By: By: Type Name and Title FUND: 414 COST CENTER: 263611 Date ACCEPTED BY: Date: '~,]?/t'~i Name of Firm Signature Brian Penner, Vice-President OBJECT CODE: 763100 Project No. 73916 AGENDA ITEM NAR 2 7 200! EXECUTIVE SUMMARY APPROVE RE-APPROPRIATION BUDGET AMENDMENTS FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT CHEMICAL FEED PIPING REPLACEMENT, PROJECT 70890 OBJECTIVE: To allow funds budgeted in FY 2000, to be re-appropriated in the FY 2001 budget. CONSIDERATIONS: On September 26, 2000, Agenda item 16 (C)(2), the Board awarded Mitchell & Stark Construction Company (MSCC), the North County Regional Water Treatment Plant (NCRWTP) Chemical Feed Piping Replacement project, in the amount of $199,940. A purchase order request in the amount of the award was submitted to be opened; however for unknown reasons, the request was never implemented. MSCC is currently progressing in the construction of the project, and is ready to invoice for the work they have completed to-date. A new purchase order is required in order to compensate MSCC for their work. FISCAL IMPACT: Budget amendments are necessary to re-appropriate $199,940. Source of funds is User Fees. FUND PROJECT CONTR/I CT User Fees (412) 70887 $170,000.00 User Fees (412) 70057 · 29,940.00 Total $ 199,940.00 GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendments to re-appropriate funding in the amount of $199,940, and authorize staff to issue a purchase order in the same amount, to MSCC for the NCRWTP Chemical Feed Piping Replacement, Project 70890. Peter Schalt, PMP, Project Manager REVIEWED BY: P~ent Karl W. Boyer, P.E., Int~im Dire~m' APPROVED BY: DATE: DATE: Public Utilities Engineering Department /~ //-- $a~ Mudd, P.E., Adminis~tor Pub~ Utilities Division EXECUTIVE SUMMARY ACCEPT A UTILITY EASEMENT FROM IMPERIAL GOLF CLUB, INC. THAT WILL FACILITATE THE COUNTY IN UPGRADING AND IMPROVING AN EXISTING RECLAIMED WATER MAIN, PROJECT 74015. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida, accept a Utility Easement from Imperial Golf Club, Inc., a Florida corporation, that will allow for the upgrading and improving of an existing reclaimed water main located within the Imperial Golf Course Development. CONSIDERATION: As part of a 1985 Agreement executed between the Board of County Commissioners of Collier County, Florida, Acting As The Ex-Officio Governing Board of the County Water-Sewer District of Collier County, Florida and Imperial Golf Club, Inc., a reclaimed water main has been installed and maintained within the Imperial Golf Course Development. The reclaimed water main was designed to supply treated County effluent water to the Imperial Golf Course Development to be used in golf course irrigation. The C'°unty is upgrading and improving the reclaimed water main system, which requires a Utility Easement to be granted from Imperial Golf Club, Inc. The County is acquiring the new Utility Easement by donation. In order to ensure that Collier County's interests are protected, the Utility Easement has been reviewed and approved by the County Attorney's Office, the Public Utilities Engineering Department, and the Public Utilities Division. FISCAL IMPACT: Recording costs shall not exceed $50.00. Funds are available in the Sewer Capital Projects Fund 414. The source of the funds is from water and sewer user fees. GROWTH MANAGEMENT: The project is needed for the County!s effluent resourc~ management system. Effluent resource management is consistent with the 'Collier County Growth Management Plan which states that the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies. RECOMMENDATION: That the Board of County Commissioners ac officio governing board of the County Water-Sewer District of Collier Executive Summary Utility Easement from Imperial Golf Club, Inc. Page 2 of 2 Accept the Utility Easement donated from Imperial Golf Club, Inc. 2 Authorize staff to proceed with related real estate closing transaction and to record with the Clerk of Court the easement and appropriate documents to clear title in the Public Records of Collier County, .. Florida. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ernie W. Kerskie, Real Property Specialist III ReaI.Property~Managem~r~t Department b~arle~ E. Ca~in-gt°n,'Jr~, Direr. to Real Property Management Department Ron Dillard, P.E., Project Manager Public Utilities Engineering Department Kar~,~ ~Public~tilities Engineering Department Jaffies V. Mudd, P.E., Administrator Public Utilities Division DATE: ~ -'l L(_ c,t DATE: DATE: ~ -/'4- -('? / DATE: ?//?z/Of AGENDA IT[M No. HAR 27 2001 Pg. '~_~ PROJECT: Imperial Service Connections Reclaimed Water Mains PARCEL: Imperial Golf Club, Inc. UTILITY EASEMENT THIS EASEMENT, made and entered into this I..3 day of Oc~o~e. ,2000, by IMPERIAL GOLF CLUB, INC., a Flodda corporation, whose address is 1808 imperial Golf Course Boulevard, Naples, Flodda 34110, as Grantor and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" iht_Jude all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a non-exclusive easement, license, and privilege for utility and maintenance purposes, on the following described lands located Jn Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. By acceptance of this Utility Easement, Grantee acknowledges that this easement is given.subject to the Grantee's continued observance of all conditions set forth in the Agreement between Grantor and Grantee dated March 28, 1985 as recorded in Collier County Minute Book 86, Page 354. This Utility Easement shall automatically terminate upon expiration or earlier termination of the March 28, 1985 Agreement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. IN THE PRESENCE OF: FIRST WITNESS (Signature) (Print Name) SECOND WITNESS (Signature) (Print Name) IMPERIAL GOLF CLUB, INC. ~-. a Fl°rid~_ °rp°ra~..ti°~',/~,~ //Pre,~ent Ur Vice President AGENDA IT~MVI HAR 2 7 2001 (Affix notarial seal) ~$ Bonded T~u '~'/~1~~' ,~.~ln~c ~oI)c~g CO., InC. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledgeU before me this /-~ ~ dav of ~/'~,~ ~,-' ,2000, by J~,~,~ ~. ~--,&i,~,,,,~//~r~,/~,/~(Name/Tltle), o'----'-'~ behalf of Imperial Golf Club, inc., a Florid§ corporation, and who is personally known to me ~ [ty,~-e.~.aP, e~] a~. ~_Signature of'Notary~ (Print Name of Notary) _ Commission # ~,~ My Commission Expires: ~ .-~_~,~' A~~enc~ ~ ~ ~s~st~nt Cou~t) ~ttor.e~ AGENDA ITEM HAR 2 7 2001 P~.. ~ AGENDA ITEM NO.. _._L~_~.,_ '-~- MAR 2 7 2001 EXHIBIT ~ OF THE CENTERLINE OF A 15-FOOT STRIP OF LAND LYING IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA: ~ AT THE SOUTHEAST CORNER OF LOT 24, IMPERIAL GOLF ESTATES PHASE 1, A SUBDIVISION IN SAID SECTION 14 AND RECORDED IN PLAT BOOK 12, PAGES 62-65, PUBLIC RECORDS, RUN SOUTH 21~7'08' EAST 72.64 FEET ALONG A LINE THAT IS A SOUTHERLY EXTENTION OF THE EAST LINE OF SAID LOT 24 TO THE POINT OF BEGINNINg; OF SAID CENTERLINE; THENCE SOUTH 84' 56'53' EAST 104.35 FEET TO A POINT OF CURVATURE; THENCE 69.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 177.50 FEET, A CHORD WHOSE LENGTH IS 68.87 FEET AND BEARS NORTH 83'51'58' EAST TO A POINT OF TANGENCY; THENCE NORTH 72'4.0'49' EAST 46.76 FEET; THENCE NORTH 65'31'43' EAST 76.47 FEET TO A POINT OF CURVATURE; THENCE 162.70 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 356.50 FEET, A CHORD WHOSE LENGTH IS 161.29 FEET AND BEARS NORTH 78'56'12' EAST TO A POINT OF TANGENCY; THENCE 'SOUTH 87'53'46' EAST 105.00 FEET; THENCE NORTH 88~16'52' EAST 104.,38 FEET; THENCE SOUTH 50'10'34" EAST 55.20 FEET; THENCE SOUTH 72'40'34 EAST 293.13 FEET TO A POINT OF BEARING BASED ON THE PLAT OF. IMPERIAL GOLF ESTATES PHASE -1. SEE SHEETS 2 AND 3 FOR SKETCH OF DESCRIP~ON THIS IS NOT A SURVEY! SKETCH OF DESCRIP~ON FOR COLLIER COUNTY PUBLIC WORKS DEPARTMENT REVISION: OA'~D J. ~'ATT, m~.S.~. (FO~ ,~E ~RM) FLA. MC. NO. NOT VALID ~ ~E SlGNA~E~ AND ~E ORIGINAL RAI~ SEAL OF A ~IDA UCENSED SUR~YOR AND MAPPER CORRECTED DESCRIPTION 3/2/99 CORRECTED DESCRIPTION 11/3/00 FILE: IGEDESCEI.DWG WILKISON &: ~ASSOCIATES INC. I 'i 02-25-99 1200 CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 645-2404 FAX NO. (941) 6~.3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 DATE I FB PG I DRAWN BY W.O./DWG. NO. 61 I JPG 14681/48-L-89-1 SHEET 1 OF ,3 AGENDA ITEM, No. HAR 2 ? 2001 EXHIBIT Pege ~ of POINT OF BEGINNING LOT 24 GOLF COURSE ~j / I ~ "' 22'22':1,9' R -. 177.,.5~ A - 89.31 CH - 68.87' C.B. - N 83~1'58' £ A. 2e'08'§7" R - A - 162.70 , CH - 161.29 C.B. - N 78'36'12' MATCHLINE SEE SHEET 3OF5 POINT OF COMMENCEMENT ~OUTHEAST CORNER OF LOT IMPERIAL GOLF ESTATES PHASE 1 SCALE: 1" -, 60' KEY: Z~- DELTA R - RADIUS A -- ARC LENGTH CH - CHORD C.B. - CHORD BEARING ~ - CEN3ERUNE GOLF COURSE PARKING SEE SHEET 1 OF 3 FOR DESCRIP~ON THIS IS NOT A SURVEY! SKETCH OF DESCRIPTION FOR COLLIER COUNTY PUBLIC WORKS DEPARTMENT FILE: IGEDESCE2.DWG &l~ WILKISON &: ~ASSOCIATES II mm CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404, FAX NO. (94,1) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 DATE I F'a PGI DRAWN BY 02-25-99 200 61 JPG W.O./DWG. NO. 146~1/48-L-ag-2 SHEET 2 OF 3 AGENDA IT~_M HAI 2 ? 2001 SCALE: 1' - 80' KEY: ~,- DELTA R - RADIUS A - ARC IFNGTH CH - CHORD C.B. - CHORD BEARING ~ - CENT~RUNE GOLF COURSE Z R ,= 3,56.50' A = 162.70' CH - 162.29' C.B. ,,, N 78',.36'12' 15.0' --~ blATCHUNE CLUB HOUSE AREA N · FOR DESCRIPTION .O,N~r oF TER.,N /~ .~1~, WILKISON &: LAKE ~ASSOCIATES W W INC. I CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 64,3-2404 FAX NO. (94-1) 64.3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 I DATE I FB PG I DRAWN BY I W.O./DWG. NO. SEE SHEET 20F3 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO RECOGNIZE TRANSFER OF MONIES FROM FUND 001 - PARKS AND RECREATION TO FUND 195 - TOUBIST DEVELOPMENT TAX - BEACH RENOURISHMENT Obiective: To obtain Board approval of associated budget amendments to transfer monies in the amount of $140,576 fi.om Fund 001 - Parks and Recreation to Fund '~9B- TDC Beach Renourishment Consideration: Three positions associated with beach re-nourishment and pass/inlet management are being transferred from Fund 001 - Parks and Recreation Department, Beach & Water to Fund 195 ;tlDC Beaches. The total amount associated with personal services & operating to be transferred is $140,576. Fiscal Impact: Recognize transfer of $140,576 fi.om Parks & Recreation Beach & Water to Fund 195 - TDC - Beach Renourishment. Growth Management: There is no impact to Growth Management. Recommendation: That the Board of County Commissioners approve the necessary budget amendments. Prepared by: /~.. x.~..~,. Date: Debbie Roberts, Operations Coordinator Parks and Recreation Department .-, 7 ! ~ ,/ ./ //L/',~ .: Reviewed by: ~'Z~',; '/~,,~-F/~)4 /~(~.4¢'~if Date: Mah~ R~ma~sey, Director Parks and Recreation Department Approved by: Leo ochs ~lr., Public ¢. Adm?n. Date: Public Services Divijt(on Approved by: Date: Tom Wides, Fiscal Operations Director Public ~lilitie~Operations I Jim MUdd, Administrator Public Utilities/Admin. Approved by: l' Date: EXECUTIVE SUMMARY AWARD OF BID 00-3195 TO LEO' S SOD TO RENOVATE THE BALL FIELDS AT GOLDEN GATE COMMUNITY PARK. Objective: To award Bid to the recommended bidder to renovate the Ball Fields at Golden Gate Community Park. Consideration: Bid 00-3198 was posted on Feb. 15, 2001 with invitations to bid sent to 64 vendors. Seven (7) vendors submitted proposals: Gulf Coast Hydroseeding, Richard's Company, Leo's Sod, Turfmaster, Benson Const. Co., Emerald Island Turf and Evergreen Landscape. The 7 quotes were submitted as follows: Gulf Coast Richard's Benson Emerald Evergeen Hydroseedine Company Leo's Sod Turfmaster Const. Co. Island Turf Landscape Field I $ 59,600.00 $ 48,800.00 $ 28,720.00 $ 39,200.00 $ 53,600.00 $ 28,000.00 $ 52,000.00 Field 2 $ 59,600.00 $ 48,800.00 $ 28,720.00 $ 39,200.00 $ 53,600.00 $ 28,000.00 $ 52.000.00 Total $119,200.00 $ 97,600.00 $ 57,400.00 $ 78,400.00 $107,200.00 $ 56,000.00 $104,000.00 Staff has reviewed the quotes received and recommends award to Leo's Sod as the lowest, qualified and responsive quote that can meet the required timeframe. Emerald Island Turf did not have a license at the time the bids were submitted; therefore they did not meet the minimum qualifications for the bidding process. Fiscal Impact: Funds are budgeted in Parks and Recreation, Fund 306. Growth Management: There is no impact to the Growth Management. Recommendation: amount of $57,400.00. Prepared by: . /~/ Debbie Roberts, Operation Coordinator Department of Parks and Recreation Reviewed and _///?~/y,ff/~ Approved by: l~ai-la R-an~s~y, Direct0~r- Department of Parks and Recreation Reviewed and Approved by: / Steve Camel ,:l/k'f~Director . I~tment of Purchasmg Reviewed and Approved by: Leo Ochs Jr., Public SVs. Admin. Division of Public Services That the Board of County Commissioners award bid to Leo's Sod for a total Date: Date: Date: EXECUTIVE SUMMARY Authorize the Collier County Public Library to submit an application for a Library Services & Technology Act Grant, and authorize the Chairman of the BCC to sign certification for the Grant. OBJECTIVE: To obtain the signature of the Chairman of the Board of County Commissioners on a Library Services & Technology Act Grant application being submitted to address the special Library, technological & informational needs of Collier County's large and growing population of older adults. CONSIDERATION: The Library is eligible to apply for federal funds for special projects. If awarded to the Library, the LSTA Grant would require local matching funds equal to a minimum of 1/3 of the amount of federal funds requested. The Grant project would begin October 1, 2001 and end one year later on September 30, 2002. The Library intends this to be the second year ora two year Grant. This project targets older adults in Collier County's assisted and independent living facilities, senior centers and community centers. These older adults have been identified as an underserved segment of the Library community. The Library will use grant money to hire new staff, purchase new computer equipment, and present programs at the Library and these locations showcasing the Internet, the Library's website and the World Wide Web. The goal is to provide Library, information and Internet access to this special segment of the Library community. The Library has hired a Library Outreach Specialist II to develop and manage the program, and to provide computer training and hands-on workshops to these older adults, and would continue this employment in the second year of this grant The Library will work in Partnership with senior centers and facilities to purchase and install computer workstations that incorporate Web based technologies. As a result, a larger number of older adults in Collier County will learn to use technology and have on- line access to the Library, e-mail, and other information resources. FISCAL IMPACT: The total budget for this project is $81,982 for FY02. If awarded, this Grant provides $61,482 and requires local matching funds equal to a minimum of 1/3 the amount of the Federal funds requested. The matching funds for this project totalling $20~500 will be provided by the Friends of the Library of Collier County ($10,000) and the Library Trust Fund ($10,500). There is no fiscal impact associated with submitting the grant application. This request is for the second year of a proposed two-year l~rant. After FY 02, the Library will review this project. Based on its success and its A'ge~d.~ It~ / 2 7 200 ] compatibility with our Long Range Plan, the Library will determine whether to request full Library funding of the program in the FY03 budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: 1. That the BCC authorize the Chairman to sign the grant application. 2. Authorize the Library Director to sign the agreements. SUBMITTED BY: ~4 ~--~ )~'~L~ Date: !01arilyn D. Norris, Extension Librarian ibra~ Director '"~Leo ~chs, Jr.~bhc Seduces Adm~mstrator HAR 2 7 2001 Pg........_~ Florida Department of State, Division of Library and Information Services LSTA APPLICATION Application Due: March 15, 2001 LIBRARY / ORGANIZATION NAME Collier Coun _ty Public Library MAILING ADDRESS 650 Central Avenue, Naples, FL 34102 PHONE # 941-261-8208 SUNCOM # CONTACT PERSON Marilyn Norris E-MAIL ADDRESS FEID OR SAMAS AND EO # 59-6000558 CONTRACTING AGENCY NAME TYPE (check one): X Public K-12 Academic CATEGORY (check one) X Access for Persons Having Difficulty Using Libraries Library Technology Connectivity and Services FAX # 941-649-1293 mnorris~collier-lib.org Collier County Board of Commissioners Multitype Library Consortium Special State Library PROJECT NAME Seniors On-Line PROJECT New X Continuing LSTA FUNDS REQUESTED $ $60,332 PRIORITY# 1 OF 1 APPLICATIONS SUBMITTED LIBRARY SERVICE AREA POPULATION 217,580 NUMBER OF PERSONS TO BE SERVED BY PROJECT __2,000 TARGETED USER GROUP (Check all that apply) Children Youth Adults X Older Adults Mixed p Other, specify John W. Jones ~N~~~~ Typed Name and Signd~re~f L i braT7 ~rganizati on Director "--D ',~ James D. Carter, Ph.D Typed Name and Signature of BCC Chairman Date Date Aaats~ Countjr Attorney [ pg. ~ _ 1 C. NARRATIVE 1. Introduction In September of last year, the State Library of Florida awarded the Collier County Public Library a ..Library Services and Technology_ Grant to provide Library Service to Older Adults. The Library used the $49,445 in LSTA funds to initiate a new program called Seniors On-Link The Friends of the Library of Collier County, Inc. contributed $10,000 towards this project, and the Library allocated $15,100 in matching funds. This was the first year of a projected two-year grant. Seniors On-Line addresses the special informational needs of Collier County's large and growing population of older adults. It brings the Library and its resources to residents &assisted/independent living facilities and members of senior and community centers who find it difficult to come to the Library. It gives older adults opportunities to learn to use technology and information to enhance their lives. Each often partnering facilities is receiving a workstation and computer with Intemet access. A series of visual and hands-on programs will explain and showcase the Internet, and explain how to access the Collier County Library and other information on the World Wide Web. Seniors On-Line is offto a great start. The Library has hired Ronney Cox as the project coordinator for this grant. She has established an office for Seniors On-Line with its own phone number and email address, and has had business cards and LSTA labels printed. She is nurturing partnerships with local community centers, senior centers, and assisted/independent living facilities; and she has coordinated the purchase of services for Seniors On-Line, and the distribution and assembly of materials and equipment. Cox has formed a Project Advisory Board and they have already had their first meeting. She has researched the methodology and materials for creating a curriculum to provide computer training to older adult~. She has created her own student workbooks, bibliographies and guides; and has developed lesson plans that will hold the interest of seniors with various levels of mental and physical abilities. This project has received excellent coverage in the media, both TV and newspaper. As a result, over 200 callers interested in participating have contacted the Library. A Seniors On-Line newsletter has been created and mailed to these callers and to the partnering facilities. While providing computer training and access to those in residential facilities and community centers is our main goal, we join with the partnering residential facilities in welcoming participants and visitors from'outside. However, most facilities are not physically equipped to handle such a large number of visitors, as we had respond. Cox chose the Golden Gate Community Center, the Buena Vida Retirement Home, Veterans Community Park, and the Collier County Public Library as sites to present introductory computer classes to these interested seniors. Classes were presented in February and March, and the positive response to these basic classes reinforced our view that there is a tremendous need to provide computer and Internet access to older adults. Goodlette Arms, Buena Vida Retirement Home, and Windsor Place received their workstations in January and computer workshops and training began in February. The following three partnering facilities, Arbor Trace, Bentley Care Center, and Brighton Gardens received their workstations in March. The final four installations at Roberts Center, Harborside Healthcare, Homewood Residence, and Golden Gate Community Center will take place in April. Computer classes and Internet training will continue throughout the summer. Difficulties in communicating witti Sprint, and in securing final contracts and installation dates with them, slowed our progress during the first six months &the grant. Experience has been a great~ mcher~ and ,w.e. are now more adept at obtaining these contractual services. At~e~c~, ~,~...~ No.~'. MAR 2 Pg -,~, In the second year of the grant, we intend to install ten additional computer workstations. The majority of these will be placed with new partnering facilities; but we also intend to evaluate usage at the current sites, and place additional workstations where there is evidence of need. We will continue our three-tiered approach to computerflnternet training at these facilities, providing general introductions, small workshops, and one-on-one tutoring. We have formally requested a $10,000 budget allocation in FY2002 from the Friends Of The Library of Collier County, Inc. to provide matching funds for the second year of the Seniors On-Line grant. This request has been approved. We have included a Letter of Partnership Commitment with the grant application. We appreciate the support the Friends provide for innovative Library projects like Seniors On-Line. Seniors On-Line will provide these older adults ongoing access to the information highway. Email, electronic greeting cards, stock reports, shopping, health information, and Library services will be at the fingertips of all seniors who are able to use these computers. You may reach Seniors On-Line at 941-455-7656 and through email at seniors~collier-lib.org The Friends of the Library of Collier County started the first public library in the County in 1957 in partnership with the Woman's Club. A private philanthropist deeded an entire square block on Central Avenue in Naples, Florida for the exclusive use as a public library. The Friends led the fundraising and built the first public library building in Collier County. In 1992 the County renovated and expanded the current Headquarters Library to over 34,000 square feet. The Library now functions as a Department within the Public Services Division under the governance of the Board of County Commissioners of Collier County. A five member Library Advisory Board is appointed by the Commissioners to establish Library Policy and recommend courses of action concerning the future development of the Library system. Since 1957 the Library has grown in size to include seven branches in addition to the Headquarters Library. These branches are located in Immokalee, Everglades City, East Naples, Golden Gate, Golden Gate Estates, and North Naples. This year (2001) the County has begun construction of a new, 40,000 square foot Headquarters Library, centrally located in the unincorporated area of Collier County. The Friends continue to be a valuable partner for all Collier County Libraries. From its inception, the Collier County Public Library has been built on partnerships. While the number of community partnerships has grown and continues to change from year to year, what have remained constant are the Library's responsiveness to the needs of the community and the commitment to service of our active and dedicated local community groups. The Collier County Public Library System serves one of the largest counties east of the Mississippi River, a county that is larger than the states of Rhode Island and Delaware. Collier is bounded by the Gulf of Mexico on the west and Lee, Hendry, Broward, Dade and Monroe counties on the north, east and south. The County includes the incorporated cities of Naples, Marco Island and Everglades City, and the unincorporated areas of Immokalee, Golden Gate, Golden Gate Estates, East Naples and North Naples. Collier County continues to experience incredible population growth, increasing to approximately 210,000 today from a mere 38,000 in 1970. Collier County is listed yearly in the top ten growth areas of the nation and Florida. Projections show a population of 315,900 by the year 2015. the majority of Library circulation and Library visits. A~endm Item 1 MAR 2 _ o01 pg._ ~ 4 Much of the growth in the County is attributed to the area's desirability as a retirement center. Over 55,000 residents, 25% of the population, are age 65 or older; over 75,000 are age 55 or older. The coast attracts the affluent and retirement populations. Population densities are heaviest along the Gulf shore bom Marco in the south to the Lee County line in the north. A large belt of grassland and agricultural acreage extends across the northern end of the county. This rural ranch and truck farm area, including Immokalee, encompasses one of the largest winter vegetable growing and marketing sections in the country. Nearly 70% of Collier County jobs are in the lower paying fields of agriculture, retail trade and the service industries. Government jobs, finance and investment related businesses, manufacturing, wholesale trade and construction comprise the remaining 30% of the job market. While Collier County has become Florida's "richest" county, in terms of annual adjusted gross income, the average wage earner, however, earns only about $22,000 a year. As with population the banking and investment activities are centered along the coast. The higher educational levels are seen in the coastal retirement and professional communities. 79% of Collier County's population are High School graduates or higher. 22.3% are college graduates or higher. The statistics above paint a picture of contrasting populations in Collier County. On one side we see an affluent and well-educated population along the coast. In contrast, areas away fi.om the coast like Immokalee, Golden Gate Estates and Everglades City have significantly high poverty rates. In response, the Library's roles and services vary from area to area. As stated in its Long-Range Plan, the Collier County Public Library sees itself as: · Community Information Center · Preschoolers Door to Learning · General Reference Library · Popular Material Library · Formal Education Support Center · Independent Learning Center · Research Center Besides these traditional roles, the Library has also adopted the following local roles: · Access to Modem Multi-media · Sponsor of Educational, Informational and Cultural Programs & Activities These roles support the Mission Statement that The Collier County PubBc Library will systematically collect, organize and disseminate in a timely ~ cost effective manner, a select collection of print and non-print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. The Library offers fiction and non-fiction books, Best Sellers and Books on Tape; feature film and educational videos, music CD's and CD-ROM's; as well as Literacy, Foreign Language, Large Print, Florida and Genealogy collections to the Collier County Community. The Headquarters' Reference collection is the largest in the Library system. It contains encyclopedias, business directories, investment and medical information. The Library's Web site delivers Ebsco, Electric Library, First Search, GaleNet, Tax Forms, NoveList, Phone Directories and Encyclopedias to any6ne who can access our site on-line. The Library's site, www. collier- lib. org, also allows customers with our Library card to reserve a book and check their record, in addition to accessing the catalog. The Library provides introductory classes about the Intemet and regular classes on using our automated catalog. Both reference staff and trained computer professionals teach classes. The Library has ] ~t,~rnqt workstations available to the public at every location in the system. The public computers are filtered [lsin~I/&~e~t~np selection tool allowing the Library to best respond to community needs and standards. Web sites are reviewed by categories, and customers and staff have the opportunity to request sites be added or reconsidered. The Library and the Friends of the Library offer a wide variety of adult and children's programs as well. Story times for toddlers and preschoolers, summer reading programs for elementary school age children, and programs for young adults are offered at every library location. Collier County Public Library and its Friends sponsor a yearly Festival of the Humanities, presenting a wide array of programs covering literature, music, art, history and travel. Monthly book discussions are offered throughout the Library system, as well as a variety of special programs, from fiction writing to how to write a business plan. Through Outreach Services, the Library provides materials to the homebound and those in nursing homes, jails, hospitals and migrant camps. Mail-A-Book, a postage free service to patrons of any age is available to those who are physically unable to come to the Library. In FY 2000 Outreach Services presented over 70 programs for residents of independent and assisted living facilities. The vast majority of these programs were presented in 20 residential facilities and included Holiday specials, book discussion groups, painting and storytelling programs. Attendance figures for these programs were close to 2000. A number of these facilities also receive Large Print and Paperback donations from the Library. In FY 2000 the Library added two new services for the public. A community information and referral program was established in Immokalee. The Immokalee Library provides a one-stop resource for information on Collier Government, the Collier County Sheriff Department, the Clerk of Courts and Collier County Public Schools. Using an IRIS program, the Library is building a database for Immokalee residents, which will eventually be expanded to serve all the residents of Collier County. The Library received much support in the start-up of this project from FLAIRS, and especially from the West Palm Beach Library staff. A bilingual outreach specialist coordinates this program, and we are actively forming partnerships with agencies and organizations serving the Immokalee community. The second new service added in FY 2000 was a pilot Literacy Program based at the Marco Island Branch Library. This program was built on the initial volunteer efforts of the Friends of the Library of Collier County, Marco Island Chapter and has been incorporated as a Collier County Library Program. The Library hired a Literacy Coordinator who works with volunteer tutors in the areas of adult, family and workplace literacy teaching students to read, write and speak English. This 2-year position was made possible through a generous donation from a local literacy supporter. After the program's first two years, it is scheduled to expand to other branches in the system and both the position and program will be incorporated into the Library's regular budget in FY 2002. The Library recognizes the growing importance of technology in providing electronic access to worldwide sources of information for Library users. The Library staff has greatly benefited from the training opportunities provided through SWFLN and www.learnatgateway, com. As use of technology will assist the Library in fulfilling its mission statement, the Library has developed a Long-Range Technology Plan, which it has integrated with its traditional Long-Range Plan. This Technology Plan enhances the ability of the Library to provide services for the informational, educational, recreational and cultural needs of the residents of Collier County in a timely and cost-effective manner. The Technology Plan also enables staff to systematically plan for the effective use of information technologies currently available and those yet to be developed. The Library goals for the Long-Range Technology Plan include: · Provide education for staffand the public in using electronic resources. · Optimize Library's use of automation software. · ~patron and staff access to and knowledge of information resource Public Library. ~e¥ond Collier Count Agenda I _t. em MAR 2 F 2001 Related to these goals, the time-line and action plan for FYO! and FY02 include the following activities: Add public access terminals to facilities other than formal branch libraries; L e., Briggs Resource Center, Farm Workers Village (Tmmokalee), and other sites as deemed appropriate. · Add electronic records for holdings of Law Library andAgricultural Extension Services Library to CCPL database, as time permits. · Provide weekly public orientations at Headquarters Library. These include an introduction to electronic resources in the Reference Detmrtment. · Provide at least two Worm Wide Web classes for the public at each Branch Library annually. · Update Library Web Page. · Implement and support the LSTA Grant for Seniors On-Line. All of the Collier County Public Library's services, goals and plans depend on its resources; and these resources are taxed in the extreme. Recent Florida Library statistics have shown that Collier County Public Library has the lowest Expenditure Per Capita of similar sized Library systems in the area. While Collier County has one of the lowest Books Per Capita measurement (1.4) for a population of its size in Florida, it also has the largest Circulation Per Capita (8.13) of any similar system in the state. This data indicates a very high level of reading skills and needs found within the Collier County general population. Since 1994 the Collier County Public Library has experienced tremendous growth. The Collier County Public Library ranks in the bottom 10% in the State of Florida when it comes to Library Square Feet Per Capita (.33). Circulation per year has increased by 500,000 items and citizen usage by 60%. It is obvious that our citizens are highly educated and bring with them high expectations of library service and a life long history of library usage. More assets will be needed if the Library is expected to fully meet the expectations of the citizens. Collier County has the "perfect" Library population. This system's growth and accessibility will only be limited by the resources invested in it. Agenda I.tem MAR 2 7 2001 Pg'; 7 -- 2. Need An eMarketer study puts the number of older Americans (aged 55 and over) who use the Internet at 9.1 million in 2000, accounting for 22% of all adults online. This is up from 6.6 million in 1999. The study projects that 17.3 million older Americans will be online in 2003. According to Jupiter Communications, these older Americans spend 8.3 hours online, compared with 7.8 for college students, and 5.9 for teens. Commercially, ElderVision. Net, is a company that has designed a computer and virtual community for senior citizens. This e-services company for the senior living market provides a service designed to bring voice- activated email, agent-assisted online shopping, and Internet access to residents of retirement communities. The portable Touchtown console operates via wireless network. Users access Touchtown's online services and capabilities by touching the screen or talking into a microphone. Eldervision is also developing customized services that can remind users to take prescribed medicine, order refills or mark important dates. Jeffery Pepper, founder and CEO of ElderVision has said, the Internet "has been designed and built by young men for other young men. The rest of us, especially seniors, have had to adapt or be left behind." It is the purpose of Seniors On-Line to help older adults adapt. There are 26 retirement and life care communities in Collier County. Housing between three to four thousand residents, the level of care ranges from independent living to full time skilled nursing care. The average age in the retirement communities is 85. During these elderly years, many don't seem to get around as much as they once did. They sometimes fall asleep during the day, they have aches and pains, and they may only be able to walk short distances. Many must use a wheelchair or walker. Others struggle with low vision or poor hearing. Still others are experience memory problems. These older adults are content to have their meals prepared for them and participate in activities held right on the property where they live. In this way, they stay active and enjoy a more stimulating life than many older adults. The large number of older adults who participate in programs offered in the retirement communities demonstrates that older adults like to be stimulated. They like to learn new things. The retirement communities in Collier County provide a network for the Library to serve senior citizens, and more specifically, those senior citizens who would not be served if the Library did not come to them. In the Seniors On-Line Grant Application for the year 2000, Moorings Park, one of Collier County's largest senior communities, served as an example of how computer use among elderly individuals is growing, thriving, and enhancing lives in a variety of ways. In a recent interview, the Activity Director at Moorings Park revealed that more and more residents who are in their eighties are using computers. They are finding information on the World Wide Web. They are sending and receiving e-mail. As a result, the level of communication between the residents and their families, friends, and the world at large has been enhanced. The computer lab at Moorings Park has motivated many residents to purchase computers for their apartments. However, they still come to the computer lab. It has become a place for social interaction. They often share ideas, help one another learn to do things on the computer, or share information that they receive. For instance, the son of a resident is an astronomer who often e-mails information about what occurs in t._hhe night sky. This information is shared among a group of residents who stargaze in the evenings. / Agenda, Item HAR 2 ? 2o01 As the interest in computer use increases among the hundreds of residents at Moorings Park and in other senior communities, the Library can be very instrumental in paving their path to learning by offering introductory classes. By providing basic information in a clear, simple manner, and by allowing plenty of time for questions, the skilled presenter ~an do much to take away the intimidation felt by many seniors who would like to learn to use a computer, but have little, if any, foundation. As Collier County Public Library pilots the first year of the Seniors On-Line program, it has been met with great enthusiasm from the community. The first press release resulted in an article in the Sunday edition of the Naples Daily News, and two television news broadcasts. This publicity resulted in about 300 phone calls from senior citizens from all over Collier County who wanted to know how to participate in the Seniors On-Line program. The Seniors On-Line program will extend computer use time and instructional opportunities to senior citizens from the public at large. Plans are being considered, and will be discussed at an Advisory Committee meeting in April 2001, to include volunteer tutors in this program, to help serve the incredible number of people who are interested in participating in Seniors On-Line. Various issues concerning qualifications and safety will be discussed, and guidelines will be set. Partnering facilities agree to make time available for the Library to offer opportunities for senior citizens, who do not live at the facility, to participate in the Seniors On-Line program. Located in every section of Collier County, the partnering facilities offer easy access and comfortable surroundings for visiting seniors. Since many seniors no longer drive, and many that still do drive don't like to drive too far from home, easy access is important. Also, because the partnering facilities are senior communities, it makes it easy to focus the program on the senior citizens for which it is intended. For the areas where there are no senior communities, Seniors On-Line is considering senior day centers, churches, and community centers. Any facility that shows interest in addressing the technology needs of senior citizens, and who's facility lends itself to classroom type learning, will be considered. Seniors On-Line Will remain inventive and open to new ideas in an effort to best serve the participants of the program. For the 2~d year Grant Application, facilities contacted include Manor Care at Lely Palms, Manor Care at Lakewood, The Chateau, Orchid Terrace, Canterbury House, Heritage Healthcare, Imperial Healthcare, Summer House, Merrill Gardens, My Place Senior Center, and the Jewish Congregation of Marco Island. In surveying these prospective partners, as well as in contacts with existing partners, the response is overwhelmingly positive and supportive of the Seniors On-Line program. As the interest in computer use among senior citizens has grown significantly during the past year, more and more Administrators and Activity Directors have become aware of the many ways in which computer technology and the Internet can enhance the lives of the residents at their communities. However, they too, are in the beginning phase of learning to use a computer. Although interested in launching a computer program, they feel unqualified and welcome the prospect of being a Seniors On-Line partner and being assisted in this effort. Seniors On-Line will offer training opportunities for administrators and caregivers. They can use their computer knowledge to help enhance the lives of residents who find it too overwhelming or difficult to use the computer themselves. Very sick, elderly persons often feel lonely and isolated. To receive e-mail messages and/or on-line greeting cards from famil .y and friends could do much to brighten the day of these individuals. In canvassing skilled nursing care 'facilities for the 1" year Grant, there was not a great deal of interest in the Seniors On-Line program. It was felt that the majority of the residents would not be capable of using a computer. Now there is more interest in serving the few residents who are able to use a comp ger. Education has shown caregivers how computers and the Internet can enhance the lives of their patients. Car, :give~,~s~,~tem I"'IAR 2 7 2;001 that in facilities where the residents do not always use the computer, the Library can offer more instructional opportunities for older adults in the neighborhood. In conclusion, there is a great deal of interest now among the Administrators of Care Centers to participate in the Seniors On-Line program. By May 2001, all ten of the Seniors On-Line computers will be installed and some level of instruction will have been started at the ten locations. To date, there are 179 people on the Seniors On-Line mailing list and 150 people have participated in an introductory course, Computer Basics For The Beginner. Class participants were asked to complete a Student Information Sheet. Information was learned from these questionnaires that will be of use in planning future classes. About 1/3 of the participants are part-time residents and will be leaving for the summer. About 1/3 of the participants already own a computer, but of those, only a very small percentage are using their computer with any feeling of success or accomplishment. Many are afraid to turn it on. Most of the participants heard about the program from the article in the Naples Daily News. What do these older adults want to learn? The three most common responses were: 1. Learn to set-up an e-mail account and send and receive e-mail messages. 2. How to find information on the Internet. 3. How to write a letter (word processing programs). Almost all of those questioned are registered patrons of the Collier County Public Library, and would like to use the Library's website to access the catalog, as well as their Library account. Class participants were also asked to complete a survey at the end of the class. The results of the survey, in an overwhelming majority, stated that they found the class useful, feel less intimidated about using a computer, feel more comfortable about using computer language, and felt that the printed material (in large-print format) was appropriate for their needs. They wanted to know when and where the next class would be held. They are anxiously waiting. One comment that was expressed over and over at each location was how much they appreciated the simple explanations that were given. Two ladies wrote that they had learned more at the Seniors On-Line class in two hours, than they had learned in the entire six weeks course they had taken through Adult Education. Another comment that was made repeatedly was how most people who had tried to help them learn how to use a computer, were very knowledgeable about the computer, but did not know how to pass the knowledge on to a beginner. It seems that many instructors offer beginning courses, when in fact, a student must already know a good deal of basic computer terms and knowledge to understand what is being explained and succeed in the course. Many of the senior citizens have had absolutely no experience using computers whatsoever. This is the group that Seniors On-Line hopes to target. As senior citizens become the fastest growing group of computer users, the movement to serve these older adults grows as well. Seniors On-Line will continue to monitor this movement by exploring websites such as SeniorNet, New Journeys, AARP, the National Aging Information Center, ThirdAge, and Senior Cyborgs to gain both incentive and direction to bring computers and the Internet to the senior citizens of Collier County. Seniors On-Line will maintain lines of communication between the State Library, SWFLN, and other Library systems to share and compile information and ideas throughout this inventive stage of addressing the technology needs of Florida's Elders. 3. Inputs The success of Seniors On-Line is built upon inputs from a variety of sources. Money, staff, facilities, equipment, supplies, services, volunteers and partners all play a role in supporting this project. Money from the LSTA grant ($61,482) and from Matching Funds from the Friends of the Library of Collier County ($20,500) will be used to fund Seniors On-Line. LSTA money will continue to fund a full-time Library Outreach Specialist II to develop and coordinate the project, and present the programs to older adults. The grant will fund contractual Services from Sprint, Earthlink and Total Communications Concepts. The Grant money will also pay for minor office/data equipment and minor furniture. Local Matching Funds will be used to pay for travel expenses to the residential facilities and community centers, and to the LSTA grant training workshop. They will also fund Computer Supplies, Publicity and Printing. The Friends of the Library will also fund most of the 10 Gateway Pentium III computers for use by the older adults in this project. Staff from the Collier County Library System will continue to be used to support Seniors On-Line The Head of Extension Services will continue to provide grant supervision and employee supervision of the Library Outreach Specialist II position. Library IT staff will continue to provide support and back-up to the computers used by the seniors. Library Drivers will continue to transport furniture, supplies and equipment to the facilities of the grant partners. In providing this support, the Library will work towards the goals of its Long Range Technology Plan. Facilities for the computer workstations and activity rooms for group presentations will be provided by the resident facilities and community centers. The Collier County Public Library will make its meeting rooms available for introductory programs for seniors, and will continue to provide office space for the Library Outreach Specialist at the Estates Branch Library. Through this partnership the Library will provide broader Library access to older members of the community. Equipment available for the use of Seniors On-Line includes office furniture at the Collier County Public Library, as well as, a computer and prin~[{ir, Library delivery van, photocopier and video projector for developing Internet training programs for seniors. Supplies donated by the Collier County Public Library include paper, pens, toner, postage, fasteners, folders and tape. Services provided by the Library include the Library's Web page, www.collier-lib.org and on-line reference services including NewsBank, Ebsco, First Search, and GaleNet; as well as phone and fax service. Volunteers for the Library enjoy more variety in the duties they perform and provide clerical support for Seniors On-Lin~ We also encourage:those volunteers with computer expertise to provide technical and instructional backup to the seniors involved in this program. Partners like the Friends of the Library of Collier County, Inc. are hard to find. They have financially supported our building programs, our yearly Festival of the Humanities, the development of special materials collections, book discussion groups, Outreach programs for seniors, and programs for our jails and migrant camps. Once again they have made a commitment where our Library has seen a need and have agreed to ~owq~l~d I' em matching funds for Seniors On-Line should our grant application be approved. I- ~o.~., ~ ~ Collier County Public Library Outreach Services has only two full-time employees; but they are worth their weight in gold. In FY2000 they circulated over 11,000 items through the Mail-A-Book program, and collected donations of over 4,000 books, books-on-tape, and CD's to be used in our jails, boot camp, migrant camps, and assisted living facilities. They targeted services to seniors as a priority, presenting over 70 holiday and book discussion programs to over 1,300 seniors, both at the Library and at residential facilities. They have made the contacts that have created Partnerships with over 20 residential communities in Collier County. From these residential communities and from county community centers, we have chosen 10 sites to initiate Seniors-On-Line: Buena Vida, Goodlette Arms, Windsor Place, Arbor Trace, Bentley Care Center, Brighton Gardens, Roberts Center, Harborside Healthcare, Homewood Residence, and Golden Gate Community Center. These locations are benefiting from the equipment, services and activities associated with this grant. Outreach Services has also forged partnerships with Our Place (senior center), the Collier County Association of the Blind, Collier County Parks and Recreation, Services For Seniors (county program), the State Division of Blind Services, and Bethune Learning Center. Existing partnerships present us with an excellent base for the development and pursuit of this LSTA grant. Members of the grant's Project Advisory Group are chosen from our Partners. Such successful and existing working relationships facilitate every aspect of this project, and these Partners have shown us support and interest in involvement in Seniors On-Line We have included letters of commitment from our partners in the project who see this grant as mutually beneficial to the Library, their organization, and the people they serve. Agenda I.tem MAR 2 7 RI I01 4. Action Plan With LSTA grant money and matching funds, the Library will continue to implement an information technology program for older adults named Seniors On-Line. Through this grant, the Collier County Public Library will enter into partnership with 8-10 additional community centers, senior centers, and assisted/independent living facilities. The purpose of this partnership is to provide older adults in the community with education, training, and exposure to computerized Library information and the Intemet. This program will place a computer workstation in each of the Partnering facilities complete with printer and Internet acc. ess. Accessibility is an important factor for this program, as most of these older adults have some special needs. Digital information may be difficult for some older adults to access because of physical disabilities. We will try to place the computer workstation in an area with little direct sunlight. Each workstation will be equipped with a 19" monitor for easier viewing, and headphones so that ambient sounds are limited and computer related audio is amplified. We will follow guidelines developed by the Washington Assistive Technology Alliance to allow for equal access computing. These guidelines include: · Provide clear floor space at least 30 inches wide by 48 inches deep at each workstation. · The table surface should be made of non-glare, low-friction materials. Open space under the table should be at least 30 inches wide and 19 inches deep. · The keyboard tray must move easily up and down for individual positioning. · The workstation chair should be adjustable; the distance from the seating surface to the work surface should be 10 V2 - 12 inches. The cushion material should not be slippery nor very coarse. A portable footrest should be available. The chair should include an adjustable backrest and seat angle for both forward leaning and reclining postures, and the chair should be easy to adjust while the individual is seated. There are many things we can do to make these computers more accessible to older adults with disabilities, including: · Make sure informational signs are printed large enough for all to read. · Use "Larger" or "Largest" text size at View on the Toolbar. · Add Bigprint as an option. · Disable mouse and use keypad instead for those with mobility restrictions. · In Microsof~ Word, change the zoom size of the text to 200% so visually impaired older adults can see what they type. · Familiarize staffand volunteers with the accessibility features, so they will feel comfortable showing them to older adults. The Library will continue to retain a ti¢ll-time Library Outreach Specialist II to coordinate this program who will perform or supervise most of the organizational and operational activities. A copy of the County's formal Position Description for this job title is included in the Budget section of this document. This employee is required to possess teaching skills.as'well as computer and Internet experience. The employe ~n this position needs a proven record of successful communication and work experience with older adults. Specialist II functions asa regular Collier County employee, with the ttemt The Library_ Outreach and responsibilities of a county position. The Library Outreach Specialist II works out ofth~' Libr,~s~-,~~] 13 Extension Services section, and is supervised and supported by the Head of Extension Services. This employee interacts frequently with the Library IT staff, the Library's Volunteer Coordinator and with other staff in the Extension Services office. The Library Outreach Specialist II will: · Review existing Web sites, Libraries, and senior-related organizations like SeniorNet. com, Three Rivers Regional Library System, Friendly4Seniors. com, and the AgeLight Institute for valuable input on the structuring of this project. · Evaluate and update the training curriculum for the project during the first two months ofthe program · Present computer assisted instruction, workshops and programs 4 times per month to seniors at each of the Partnering facilities · Organize and facilitate the Project Advisory Group which meets at least 3 times a year and includes the involvement of older adults · Perform monthly liaison work between the Library and the administration of the Partnering facilities · Contract for wiring, telephone service and an ISP for the Partnering facilities · Coordinate and oversee the purchase and installation of computer workstations in the Partnering facilities · Supervise and train Net volunteers · Meet monthly for a planning meeting with supervisor (Head of Extension Services) · Attend the Capacity Building Workshop · Create and distribute fliers monthly to promote Senior's On-Line at the Partnering facilities · Train the staffofthe Partnering facilities in basic computer maintenance and technical support at a minimum of four classes per location · Create and publish 1,000 copies of an informational brochure promoting the project · Publicize Seniors On-Line with the media including local and area newspapers, and TV · Complete the mid-year and annual reports for grant · Create and share a Seniors On-line program packet with SWFLN and their Computer Interest Group · Attend the FLA Conference to promote and publicize Library Outreach to Older Adults · Conduct evaluation surveys and interviews with participating older adults and grant partners. · Training for Project Participants will take a three-tiered approach, based on the needs and interests of the participants. It will allow the Seniors to learn at their own speed, to repeat a level as often as they would like, and to progress from group instruction to more advanced searching with individualized training. This training will be presented in three separate levels - Informational, Educational, and Tutorial. The Informational Level will introduce participants, in groups, to the world of computer technology. This is a beginning level for Seniors with no computer experience. This fun and informative class will provide a basic guide to using computers. · Title: Beginning Computing For Seniors Prerequisite: None Objectives: To introduce Seniors to the basic components and terminology of a comp Seniors to the use ora mouse and keystrokes. · Audience & Issues: Medium-large sized group of Seniors (10-40), with a cross-section of aptitudes, interests and abilities. Audience attention span may be limited, keep presentation moving, fluid. Have a volunteer assistant or facility staff member available. · Length: Program sessions will be designed to last somewhere between one and two hours. Sometimes questions posed by members of the audience can alter the direction the program and alter the time involved. · Lesson Content: 1. The Basic Components of a Computer: System Unit, Floppy Disks, Mouse, Monitor, Headphones and Speakers, Printer, and Keyboard. 2. Software Programs: Word Processing, Games, Graphics, E-Mail. 3. Mouse Basics: Moving the Mouse, Click, Double Click, Drag and Drop 4. Keyboard Basics: Characters, Arrow Keys, Command Key, Ctrl Key, Delete Key, Enter and Escape Keys, Function Keys. 5. Basic Computer Terms and Definitions: Access, Help, Byte, Cable, Crash, Cursor, Desktop, Document, File, Folder, Icon, Menu Bar, Modern, Scanner, Undo, User ID, Zoom-In, etc. · Audio Visual Aids / Handouts: Laptop, Video Projector, Videotapes, Handouts. · Evaluation & Statistics: Evaluation will be by verbal survey. Seniors will be .surveyed pre- and post- program as to computer interest, skill level, usefulness, knowledge, and enjoyment. The volunteer assistant or facility staff member will record the Seniors' verbal responses to the survey as well as their comments and observations. The Library Outreach Specialist will compile statistics reflecting number of programs, attendance and locations of programs. The Educational Level will benefit Seniors who may have some experience with computers or the Web but want to fill in gaps in knowledge through a more formal training session. Working in smaller groups and moving at a relaxed pace, individuals will learn useful and fun sites on the Web, how to do research, create an e-mail account, and use the Library's computer system to look up materials and place reserves. · Title: Basic Internet For Seniors · Prerequisite: Basic PC experience or Beginning Computers For Seniors program. · Objectives: To introduce Seniors to searching the World Wide Web. To introduce Seniors to sites that allow them to set up email addresses. To introduce Seniors to shopping and fun sites on the Web. To teach Seniors to use the Library's Web site to look up and reserve items, and introduce the Library's hyperlinks. · Audience & Issues: Small group of Seniors (5-10). Seniors attending this program will have various levels of computer experience and questions. Have a volunteer assistant or facility staff member present. · Length: Program sessions will be designed to last from one to two hours. Sometimes questions posed by program attendees can alter the direction of the program and alter the time involved. Additional time may be allotted for individual or small group, hands-on instruction at the computer. · Lesson Content: 1. Brief History of the Computer Networks 2. Rules of the Internet (e-mail, passwords, security) 3. World Wide Web (search engines, web sites, surfing, hypertext, links) 4. Access to the Library's Website ( on-line catalog, on-line reference, logging into your Library account, links to other websites) - Audio Visual Aids / Handouts: Laptop, Video Projector, Exercises, Handouts Evaluation & Statistics: Evaluation will be by survey and/or program exit interview completed with the assistance of the Library Outreach Specialist II, a volunteer assistant or facility staff member. The survey will rate program content and presentation; measure changes in the Seniors' knowledl ~e, skills, behavior and condition; and count the number of Senior participants with new e-mail account: ~ The_exit inte_rvicws _ will also allow for personal comments and observations. The Library Outreach Spec alist statistics reflecting number of programs, attendance and locations of programs. No MAR 2 7 2001 1 The Tutorial Level will give experienced Seniors one-on-one individualized instruction using word processing, publishing and spreadsheet software; as well as, slightly more advanced skill training in finding business and financial information, and using subject indexes and search engines. · Title: Advanced Searching and Microsof~ Office for Seniors · Prerequisite: Basic Internet For Seniors program or basic experience on the Web. · Objectives: To give Seniors personal instruction in using a variety of search tools to find information on the Web. To give Seniors an introduction to the basics and tools of Microso~ Office software. To give Seniors one-on-one individualized computer assistance. · Audience & Issues: One or two Seniors at a time, with scheduled appointments. · Length: Sessions for individual tutoring will be given in 30 minute blocks. · Lesson Content: 1. Create an E-mail Account, and Send and Receive E-mail. 2. Surf the Net, and Learn More about Web Searching. , 3. Review the Basic Tools of Word Processing and Microsoft Word. 4. Use Microsoft Publisher to Create Your Own Greeting Cards and other simple publications. 5. An Introduction to Spreadsheets, and the Basics of Microsoft Excel. · Audio Visual Aids / Handouts: Software "Quick-References", Handouts. · Evaluation & Statistics: Evaluation will be by sign-in sheet, written evaluation completed with the assistance of the Library Outreach Specialist, a volunteer assistant or facility staff member. The survey will allow for personal comments and observations; and will rate the program's practicality to the Seniors' needs and interests. The survey will also inquire as to what other training the Seniors would like to see the Library offer. The Library Outreach Specialist will compile statistics reflecting number of programs, attendance and locations of programs. Learnatgateway.com will be available at each computer workstation for individualized and small group online training. This subscription will be paid by the grant for one year, with an option to be picked up by the partnering facility. The Partnering Facilities will support Library programs and Intemet service for their residents/members. These Partners will ensure easy access and availability of the computer workstations for those residents/members capable and trained to use them. The Partnering facilities will use the Internet and on-line Library access to enhance their customers lives in other activities. These Partners will assist the Library in forming a Project Advisory Group, and in providing basic computer maintenance and technical support for the workstations including sign-up sheets and record keeping. The Project Advisory Group will allow Seniors On-Line to look at issues from a number of different perspectives. The Project Advisory Group broadly represents the elder residents in assisted/independent living facilities, elders using community centers, and general elderly library users. This group serves to advise the Library and the Library Outreach Specialist Project Coordinator as outlined below. · Membership. The minimum number of Advisory members shall be 4, and the maximum 7. In addition, the Library Director and the Extension Librarian may be designated as non-voting members of the Group. The Senior Outreach Specialist may appoint members from the following groups: - Community Partners - Library advocacy groups - Local computer clubs NAR272901 | ,[ - Senior library users - Local Senior Citizen groups - Residents of assisted/independent living facilities - Library governing bodies · Qualifications. The Advisory Group members shall be 55 years of age or older, and broadly representative of seniors in all types of assisted or independent living facilities, and community centers. Group members shall be advocates of the Library, and have a genuine interest and a desire to participate in the Seniors On-Line project. Group members shall have previous computer and on- line experience, effective communication and listening skills, and the ability to adapt and be flexible to obtain the desired goal. · Term of Oj~qce. Members of the Advisory Group shall serve for terms of one county fiscal year (October-September). Members shall be eligible for reappointment, but no one person shall serve for more than 2 consecutive full terms as a member of the Group. · Officers. The Project Advisory Group shall elect a chair and a vice-chair at the first meeting in October of each year of the project. The Library Outreach Specialist may be designated as Secretary for the group without voting privileges. · Functions. The Project Advisory Group shall advise the Library on the' development of the LSTA Grant Project - Seniors On-Line. They shall assist the Library Outreach Specialist II in program planning and selecting topics for Library and Intemet training. They will assist in the development of computer use policies including scheduling, headphone use, floppy disks, and printing. The Project Advisory Group shall advise the Library Outreach Specialist II on the evaluation of the LSTA project; and also have input in selection of future soflavare and hardware and in decisions affecting accessibility. The Library may also seek the Advisory Group's advice on other matters related to library services in Collier County; and Advisory Group members are expected to advocate for improvement of library services to seniors. · Meetings. The Advisory Group shall meet at least three times a year (according to the Collier County Fiscal Year), one in October, April, and September. Additional meetings may be called as needed. Meetings are held during the workweek. Meeting location may vary (e.g., library, residential facility, community center, etc.). Members may be transported to the meeting location, or reimbursed for necessary travel expenses in accordance with State Law and procedures. Meetings may also be held by conference call. · Current Awareness. Collier County Library staff, especially the Library Outreach Specialist II, will assist Advisory Group members in maintaining current awareness of library technology trends, life- long learning projects, and access-for-all issues through the following means: Using E-mail, including correspondence with SWFLN and the State Library, to communicate with Advisory Group members - Publishing Seniors On-Line grant information on the library system's web page (www. collier- lib.org). - Arranging site visits to Community Partnership locations for Advisory Group members - Appointing Advisory Group members as liaisons to other library and computer advocacy groups - Encouraging the Advisory Board to search on-line for successful web sites geared to seniors The Older Adults who are customers ~ind/or residents of these Partnering facilities will receive: · Free and local use of a computer · Free On-line computer access to the Library and its services, and to the World Wide Web · Computer instruction ~/nd training at three levels: 1. General introductory programs to the Library on-line and the Internet 2. Hands-on Internet workshops in smaller groups ] Aoenfi~ I~,m~, i 3. One-on-one individualized help 1 · Input regarding Seniors On-Line through staff'and the Project Advisory Grou[ · Greater social contact and life enhancement (chat rooms) · More family contact (email) · Reduced daily stress (shopping on-line) · Access to distance learning opportunities Project Calendar Overview: October 2001 · Library Outreach Specialist for Seniors On-Line renews employment. · Library Outreach Specialist reformulates Project Advisory Group of older adults; and conducts introductory/focus meeting with Group. · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month. · Library Outreach Specialist contracts with Sprint for phone line installation and activation for first 5 new facilities. · Library Outreach Seniors On-Line · Library Outreach · Library Outreach · Library Outreach classes. Specialist creates, prints and disseminates fliers and newsletters that promote to Partnering facilities. Specialist evaluates and recreates evaluation survey of older adult participants. Specialist evaluates and recreates forms for program"s statistical records. Specialist evaluates and updates training material and lesson plans for program Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. November 2001 · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. · Extension Librarian and Library Outreach Specialist attend Capacity Building Workshop in Tallahassee. · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) · Sprint installs phone lines at first 5 facilities. · Library Outreach SpecialisL,c~ontracts with TCC for interior wiring retrofits for first 5 facilities. · Library Outreach Specialist and Library staff recruit Net Volunteers for Grant Partners' facilities. · Library Outreach Specialist purchases first 5 computer workstations. · Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area newspapers and media. Library Outreach Specialist year Partners' facilities. Library Outreach Specialist furniture and equipment. creates and presents 2 computer or Internet programs at each of the first will set the procedure for maintaining inventory control over all December 2001 Project Advisory Grou[a meets with Library Outreach Specialist as needed. Library Outreach Specialist holds Seniors On-Line planning meeting with Su ~ervisor. Grant Partners and Library Outreach Specialist conduct Partnership Meetings [v"~i"xgb' cr ~:-~gerl~ l'~4;,e.~.__ group, 1-2 times per month.) No vt Cc Service contractor (TCC) installs telephone line for the computer in first 5 of the ten Project facilities. Library Outreach Specialist facilities. · Library Outreach Specialist facilities. · Library Outreach Specialist and Library IT staff'train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. · Library Outreach Specialist will create and publish an informational brochure promoting Seniors On-Line. · Library Outreach Specialist facilities. · Library Outreach Specialist · Library Outreach Specialist year Partners' facilities. and Library staff, install first 5 often computers in grant Partners' and Library stafftrain and schedule Net Volunteers for Grant Partners' creates and presents 2 computer programs at the first 5 Partners' contracts with Earthlink as ISP. creates and presents 2 computer or Internet programs at each of the first January_ 2002 · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, l-2 times per month.) · Library Outreach Specialist contracts with Sprint for the phone line installation for the second 5 workstations. · Library Outreach · Library Outreach · Library Outreach facilities. Specialist Specialist Specialist purchases second 5 computer workstations. creates and presents 2 Internet programs at the first 5 Partners' facilities. and Library stafftrain and schedule Net Volunteers for Grant Partners' · Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at each Partners' facilities. · Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. · Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area newspapers and media. · Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. · Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote Seniors On-Line to Partnering facilities. February 2002 · Project Advisory Group meets with Library Outreach Specialist as needed. · Sprint installs phone lines for second 5 computer workstations. · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (sin group, 1-2 times per month.) Library Outreach Specialist contracts with TCC to do retrofit wiring for second 5 · Library Outreach Specialist and Library staff install second 5 often computers in grant Partners' facilities. · Library Outreach Specialist creates and presents 2 Internet programs at of the first 5 Partners' facilities. · Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners' facilities. · Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at the first 5 Partners' facilities. · Library Outreach Specialist and Net Volunteers offer ½ hour blocks of individual computer instruction to seniors in the program. · Library Outreach Specialist and Library stafftrain the staffofthe second 5 Grant Partner's, once per week, in basic computer maintenance and technical support. · Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. March 2002 · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) · Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. · Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners' facilities. · Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at each Partners' facilities. · Library Outreach Specialist and Net Volunteers offer ½ hour blocks of individual computer instruction to seniors in the program. · Library Outreach Specialist and Library IT stafftrain the staffofthe Partner's facilities in basic computer maintenance and technical support as needed. · Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area newspapers. · Extension Librarian and Lili;'~y Outreach Specialist complete mid-year report for Seniors On-Line · Service contractor (TCC) installs telephone line for the computer in second five of the ten Project facilities. · Library contracts with Earthlink ISP for second five of the ten workstations. · Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. · Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote Seniors On-Line to Partnering facilities. April 2002 · Project Advisory Group meets with Library Outreach Specialist. · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervl · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (sin, group, 1-2 times per month.) · Library Outreach Specialist creates and presents 2 Internet programs at each Partn · Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners' facilities. · Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at each Partners' facilities. · Library Outreach Specialist and Net Volunteers offer ~A hour blocks of individual computer instruction to seniors in the program. · Library Outreach Specialist and Library IT staff'train the staffofthe Partner's facilities in basic computer maintenance and technical support as needed. · Extension Librarian and Library Outreach Specialist submit mid-year report for project. · Library submits an Expanded Services Request to add the Seniors On-Line Library Outreach Specialist position to the Library's regular budget for FY2003. · Library Outreach Specialist attends FLA and promote outreach services to older adults. · Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. May 2002 · · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) · Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. · Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners' facilities. · Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at each Partners' facilities. · Library Outreach Specialist and Net Volunteers offer IA hour blocks of individual computer instruction to seniors in the program. · Library Outreach Specialist and Library IT stafftrain the staffofthe Partner's facilities in basic computer maintenance and technical support as needed. · Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area newspapers. · Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. June 2002 · Project Advisory Group meets with Library Outreach Specialist as needed. · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) · Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. · Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners' facilities. Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Inter each Partners' facilities. Library Outreach Specialist and Net Volunteers offer V2 hour blocks of individual instruction to seniors in the program. et Workshops at AgeqAa. II~em~ ' Pg"~-'~'~ 7 ~- · Library Outreach Specialist and Library IT staff'train the staffofthe Partner's facilities in basic computer maintenance and technical support as needed. · Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. July 2002 · · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) · Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. · Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. · Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at each Partners' facilities. · Library Outreach Specialist and Net Volunteers offer ½ hour blocks of individual computer instruction to seniors in the program. · Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. · Extension Librarian and Library Outreach Specialist create a Seniors On-Line Program packet (including lesson plans and training activities) and share with SWFLIN. · Library Outreach Specialist arranges to have Seniors On-Line publicized in local and area newspapers. · Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. · Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote Seniors On-Line to Partnering facilities. August 2002 · Project Advisory Group me~[~ with Library Outreach Specialist to evaluate project. · Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) · Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. · Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. · Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at each Partners' facilities. · Library Outreach Specialist and Net Volunteers offer 'A hour blocks of individual computer instruction to seniors in the program. · Library Outreach Specialist and Library IT staff train the staffofthe Partner's facilities in basic computer maintenance and technical support as needed. · Administer grant survey to older adult participants. · Library Outreach Specialist creates and presents 2 computer or Internet programs~i ea~ib~,~3~l~ lt~ShL., i year Partners' facilities. NO//_..~ ~ ~--~.-~' September 2002 Library Outreach Specialist holds Seniors On-Line planning meeting with Supervisor. · Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month). · Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. · Library Outreach Specialist and Library stafftrain and schedule Net Volunteers for Grant Partners' facilities. · Library Outreach Specialist and Net Volunteers conduct bi-weekly hands-on Internet Workshops at each Partners' facilities. · Library Outreach Specialist and Net Volunteers offer ½ hour blocks of individual computer instruction to seniors in the program. · Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. · Extension Librarian and Library Outreach Specialist complete and submit annual report for project. · Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. · The Library will review Seniors On-Line. Based on its success and its compatibility with the Library's Long Range Plan, the Library will determine whether to request full funding of the program in the Library's FY03 County budget. Ill Agen~ ~el~ PIAR 2 7_2001 24 4. Evaluation As this is the first time that this type of project has been undertaken, evaluation will be constant and ongoing. We will evaluate whether the older adults who participate in Seniors On-Line use the information we provide to enhance their lives. We will also evaluate whether these older adults learn to use computers. We will measure changes in their knowledge, skills, behavior and condition. The Library Outreach Specialist will create forms to gather statistical data associated with the project. The Library Outreach Specialist will also create and conduct a survey to measure the older adults' response to the program. The survey will be multiple-choice in format, but allow for personal comments and observations. The survey will be administered in the last quarter of the grant year, and its results will become part of the annual report. The survey will measure any increase in the use by older adults of the Library and its services on-line. It will measure any increase in the ability of these older adults to find information. We will count the number of seniors who attend these programs in the Partnering facilities. We will also survey the number of participants who share their Internet experience with family and friends. We will measure the increase in computer use by these older adults, as well as any increase in their computer skills. We will tabulate the number of older adults who receive computer training through this project, and the number of older adults who open a new e-mail account as a result of this project. Finally, we will survey the older adults to find out how many participants simply enjoyed these Internet and Library programs. The Library Outreach Specialist and the Head of Extension Services will prepare the Annual Project Report for the Division of Library & Information Services. Copies of this report will be shared with all Seniors On-Line grant Partners, the Project Advisory Group, the Collier County Public Library, the Southwest Florida Library Network (SWFLN) and with the Collier.County Board of Commissioners. A copy of the Annual Project Repot will be made available at the Partnering facilities for the review of all older adults who participated in the project. Agep~a N o/._(..~Z~ ~ MAR 2 '7 2001 Library Hame Collier CounW Public Library Project Name Seniors On-Line (2001-2002) BUDGET (Round all amounts to nearest dollar. Add additional lines if needecl to include all information in a section.) Libsacy Outreach Speciali~ II SAJ. ARIES& BENEFITS (Position Title) Retirement 1 LSTA F.T.E. Workers Compensation 3% Collier CounW Merit Increase ................................................... TOTAL SALARIES ......................................................................... $ _30,830 2,358 2,821 6,011 3,787 1,375 LOCAL/STATE MATCH $ CONTRACTUAL SERVICES (List each vendor) _TCC (Retro-wirin[) (10) ~Sprint DSL Activation & Installation (10) Earthlink & Data Line Service (10) x (12mos)x ($60/mo) 1,500 $ 1,790 7~200 TOTAL CONTRACTUAL SERVICES ............................................. $ 10.490 $ LIBRARY MATERIAI3 (Include type and numbers of materials to be purchased) N/A $ TOTAL LIBRARY MATERIALS .................................................... $ ]JPpI.IF.$ (List supplies needed) Printer Cartridges (20 colod20 black) $ ~Printer Paper $ 1,200 5OO TOTAL SUPPLIES .......................................................................... $ TRAVEL ........................................................................................ $ EQUIPMEN"r (F_xlttipraent and furniture with a useful hfe of at least one year mxt a unit cost of $1,000 or more) Computers(10) Pentium rll $ $ 1.700 $ 2.800 $ __ 15,000 TOTAL EQLqPMENT ..................................................................... $ OTHER (Specify) Headsets (10). Chars (20) Inkietprinte~ (10) &Cables Power Strips (10) Computer Tables (10) Waste Baskets (20) Publicity & Printing (10) $ I10 1,000 1,190 150 1,300 60 TOTAL OTHER .............................................................................. $ 3.810 1,000 + $ 20,500 = $ 1~1 982Agend. a I'cem - -l' I HAR272001 26 D. BUDGET NARRATIVE The goal of Seniors On-Line is to provide older adults in the community access to education, training and exposure to computerized information through the Library and the Internet. The Library is reaching out into the community, to senior centers, community centers, and assisted/independent living facilities to serve groups of seniors with limited access to the Library. It is the objective of this year's grant application to target 8-10 additional partnership facilities, and provide each of the facilities, for one year, with · Services of 1 FTE, Library Outreach Specialist II (ave. 3 hrs/wk). [Remaining 10 hrs/wk serving original 10 partnering facilities from first year of Seniors On-Line] · 1 computer workstation including software and printing capabilities · Data wiring and service · Internet service · Instructional and informational programs · Related office supplies and equipment · Technical Support · Training materials · Program publicity This program will require a variety of resources to be successful; staff, contractual services, supplies, travel, equipment and publicity all are necessary components of this project. In order to fund this program, the Library is proposing a total budget for one year of $81,982. The Library is requesting $61,482 in LSTA Grant money; The Collier County Library System will provide $10,500, and the Friends of the Library of Collier County are lending their financial support to this program with a commitment of $10,000 in matching funds. Salaries and Benefits With LSTA Grant money, the Library will employ one full-time employee to evaluate the current program, and to recreate, develop and deliver this program to older adults. This position will be titled, Library Outreach Specialist II, and will match the positiofi~description and salary range of existing LOS IFs in the Library system. Salary and benefits for this position are $45,807, and include regular salary, social security, retirement, life & health insurance and worker's compensation. The current employee in this position would be eligible for a Merit Increase in FY2002; therefore, $1,375 is included for this purpose, bringing Total Salaries to $47,182. This position is defined as performing professional analytical and technical work in a variety of outreach program areas including research, database development, program administration, community networking, and customer referral. The essential functions for Library Outreach Specialist include, but are not limited to: · Create and provide programs and activities to promote information and referral and outreach services · Implement current professional techniques in data and on-line searches and database development (ability to teach searching techniques to older adults) · Assist customers in the use of the Library and its services · Provide access to library services for individuals and groups who have special needs [ Contractual Services fhe Library will contract with Total Communications Concepts (TCC), our regular vendor to provide for interior data cable at each location. The Library will also contract with Sprint to provide a telephone line and 12 months service at each location for the use of the computer workstation. Earthlink will provide 12 months of Internet service to each workstation. The Partnering facilities are committed to sustaining these services once the grant funding ends. Library Materials There are no costs for Library Materials for this project. All of the initial software is included in the base price of the computer hardware. Supplies Supplies that need to be budgeted for this project are limited to printer cartridges and printer paper. Based on our First Year Costs for one workstation, 2 boxes of 500-sheet paper have been budgeted for each of the ten workstations. Accordingly, 2 color and 2 black printer cartridges have been budgeted for each of the ten workstations. These supplies are part of the Matching Funds. Travel Travel for the Library Outreach Specialist and the Chief Extension Librarian to attend the grant implementation workshop in Tallahassee is budgeted at as part of the LSTA grant. Travel for the Library Outreach Specialist to attend and participate in the Florida Library Association Conference is also budgeted. These travel expenses include: · Mileage ($.29/mile) · Hotel (4 nights) · And Per Diem (6 days) Local travel for the grant to set up the computer workstations, perform the Internet programs, and hold advisory board meetings is budgeted at $1,800. This is an estimate of cost for weekly visits to a maximum of 20 partnering facilities ~ $.29 per mile. This allows for average travel of 500 miles per month. The money for this travel will be provided through matching funds. Equipment 10 computers at a cost of $15,000 will be purchased with matching funds for the project. They will be the Gateway Professional V933 or a comparable product. The system will include a 933MI4_z Pentium m Processor, with 20GB hard drive and 128MB SDRAM. The system will also include a 19-inch color monitor for easier viewing. The application software will be Microsoft Office 2000 or newer. A service program is also included providing 3 years parts and labor limited warranty, 1-year on-site service, and limited hardware & software tech support as long as we own the system. ~ Agen, dp I~em... NAR 2 7 2001 Other V>9 '- ~'~ f')__ The following items are budgeted as part of the LSTA grant. A printer is budgeted for each of the 10 proposed workstations. An I-IP DeskJet 648C or comparable inkjet printer will be purchased for each location at a cost of $99, plus 10 printer cables at $20 ea. Other minor equipment specified for the 10 workstations is listed and priced based on the actual current cost for one Seniors On-Line workstation. For each workstation this would include: · 1 headset ~ $11 ea. And 1 power strip ~ $15 ea. · 1 computer table ~ $130 ea. and 2 chairs ~ $50 ea. · 2 wastebaskets (1 recycle and 1 regular.) Funds for publicity and printing are also included in the LSTA grant request and budgeted under the category Other. These include funds for 1,000 copies of a professionally printed brochure ($800) and for fliers and other advertisements. Agen~.~ ~Cem_ 2 7 2001 29 -_ ! - PIAR 2 7 2001 COLLIER COUNTY LIBRARY OUTREACH SPECIALIST LIBRARY OUTREACH SPECIALIST DEFINITION To perform professional analytical and technical work in a vadety of outreach program areas including research, database development, program administration, community networking, and customer referral. DISTINGUISHING CHARACTERISTICS Library Outreach Specialist l--This is an entry level class in the Ubrary Outreach Specialist series. Positions at this level typically perform similar duties as the Library Outreach Specialist ]"[, but are not expected to perform with the same independence and judgment on matters related to established procedures and methods. This class is typically used as a training class in that positions may have only limited work experience. Library Outreach Specialist ]]--This is the full journey level class within the Library Outreach Specialist sedes. Positions at this level are flexibly staffed and are normally filled by advancement from the ! level, or, when filled from the outside, require prior employee training and experience. Appointment to the ri level requires that the employee be performing the full range of duties as assigned independently, and meet the qualification standards for the class. The Library Outreach Specialist ri level receive only occasional instruction or assistance as new or unusual situations adse, perform the full range and scope of duties assigned to the class, and are fully aware of the operating procedures and policies of the work unit. SUPERVISION RECEIVED AND EXERCISED Library Outreach Specialist ! Receives general supervision from a Librarian 11 or higher. Exercises no supervision, may direct volunteers. Library Outreach Specialist Receives direction from a Librarian ri or higher. Exercises no supervision, may direct library assistant staff or volunteers. Agenda ,IT~,e nt. "° -'"'"' MAR 2 7 2001 COLLIER COUNTY Library Outreach Specialist (Continued) ESSENTIAL AND MARGINAL FUNCTION STATEMENTS---Essential and other important responsibilities and duties may include, but are not limited to, the following: Essential Functions: 1. Research, develop, organize, and provide information and referral services. Devise systems and methods for organizing and retrieving community and government information. Create and provide programs and activities to promote information and referral and outreach services. Compile formal and informai reports indicating progress of the work unit toward the library's objectives. Answer requests for information from the public, outside agencies, and library and county employees. Implement current professional techniques in data and on-line searches and database development. 7. Assist customers in the use of the Library and its services. 8. Organize and participate in staff and public meetings. Assist those contacted I the course of the day in an effective, efficient, and professional manner. 10. Provide access to library services for individuals and groups who have spedal needs. 11. Plan, publicize, and present programs for all ages. Mar,qinal Functions: Perform related duties as assigned. COLLIER COUNTY Library Outreach Specialist (Continued) QUALIFICATIONS Library Outreach Specialist ! Knowledqe of: The practical application of computer operations and procedures. Principles and practices of accurate record keeping. Principles and practices of providing effective customer service and public relations. Modern office procedures and practices. Basic research, electronic resources, and reference skills. Customer relations and interviewing techniques. Ability to: Analyze problems, identify altemative solutions, project consequences of proposed actions, and develop recommendations in support of goals. Establish and maintain effective working relations with library personnel, customers, and employees of community agencies and organizations. Learn Library/County operations and services. Collect, compile, and analyze information and data. Maintain a variety of files and records. Communicate clearly and concisely, both orally and in writing. Experience and Traininq Guidelines Any combination of experience that would likely provide the required knowledge is qualifying. A typical way to ~)~tain the knowledge and abilities would be: Experience: Previous responsible customer service and/or community service and/or public relations experience. Traininq: High school diploma or equivalent. Related work and/or experience in social service is preferable. Requires knowledge of computers, excellent customer service skills, public speaking, and communication skills, including a strong knowledge of English usage. Agenda I tern. MAR 2 7 I COLLIER COUNTY Library Outreach Specialist (Continued) Library Outreach Specialist In addition to the qualifications for Library Outreach Specialist Knowledc~e of: Community and local organizations and agencies. State and federal programs and resources of benefit to the community. Principles and practices of library science. Techniques of analyzing client needs and interests. Ability to: Communicate cleady and concisely, both orally and in writing. May require similar second language capabilities. Design and implement a variety of library and outreach activities, services, and programs. Prepare and present comprehensive reports. Experience and Trainin.q Guidelines: Any combination of experience that would likely provide the required knowledge is qualifying. A typical way to obtain the knowledge and abih'ties would be: Experience: One year of responsible professional outreach service experience, preferably within Collier County. TraininQ: High school diploma or equivalent supplemented by work experience or college level courses in education, social services, or a closely related field. WORKING CONDITIONS Environmental Conditions: Office environment; exposure to computer screens. Agenda It. em MAR 2 7 200! Quote Generated for Gateway Professional V933 age 1 of 2 Gatcway Gateway Professional V933 Quote Number:. 230202040FLORIDA Contract #: State Contract #250-040-99-1 Fed Il~ 46-0458879 Dateirimc: 02/02/2001 14:36 EST Sales Representative: 800-779-2000 Comment&' Processor: Intel® Pentium® ITl Processor 933MI-Lz Memory: 128MB SDRAM expandable to 256MB (Promotional price Through 2/09/01 ) Monitor: EV910 19inch Color Monitor (18.0inch viewable area) added: US$103 Case: Micro Tower Keyboard: Millennium 104+ keyboard Mouse: PS/2 Mouse and Gateway Mouse Pad Operating System: Microsoft® Windows 2000 Professional added: US$99 Expansion Slots: 4 PCI Floppy Drive:. 3.5inch 1.44MB diskette drive CD-ROM: 20X min./48X max. CD-ROM drive Hard Drive: 20GB Ul~-a ATA hard drive Video: Integrated Intel® 3D Graphics Sound System: Integrated Business Audio Speakers: Cambridge Soundworks® GCS-300ru Speakers added: US$18 Modem: 56K PCI Modem for Windows® 2000 or Windows® NT added: US$23 Network Adapter:. Not Selected aubtracted: US$9 Re.oration Software: Go Back Standard Anti-Virtu Sofmare: Norton 2001 Application Software: Microsoft® Office 2000 Small Business Limited Warranty Program: 3 Years Parts & Labor Limited Warranty, 1 Year On- Site Service, Limited Hardware & Software Tech Support as long as you own your system Traini_ng: Gat~w~~'u Online Training Subscription added: US$99 ~ Price: US $1121 Configured Price; US $1454 Quantity: 7 Total Price:US $10178 Prices ~4 s~e~ifi~ations arm subject to =hange without notioe or obl£gat~on. Sales tax, shi.l~ing & hanchling will be collected where atml~lioable'.' : Please Print and attach this quote to your purchase order. Terms and Conditions of sale and limited warrant3, http://www, gateway, corrdcgi_bin/gen_quote.pl Agenda Item- o,/0 Office Depot Online - Product SKU Level Page 1 of 2 :. Home Register Logln Site I~lap Help ~ O~t~~~~O~ First Time Guest "~ .............. ~&~~ ~ ~:~ Super ~nd ~To~er / InkOrder By Hy Saved 0 item(s) Order $50.00 more ~ ~ ~IValues Store qulc~nd Item · U~ Subto~l: $0.00for ~E DE~ERYI Home > NI Produ~ > TechnoloQv > S~mps.~m > [PHntem & All-In-Ones] > [Hewle~ Pac~ [n~e~ Printem] > H~le~ Packard Des~et ~C Color Printer Hewlett Packard Desk.let 648C Color Printer HP's vibrant color printer for PC and Hac. When you need affordable versatility, look to the HP DeslOet 648C color printer. Connecting this printer to your PC or USB connect Hac is a snap. Plus, included black and color cartridges mean you won't need to swap print cartridges--in no time you'll be adding vibrant color and rich black text to all your home projects. List Price: $116,00 Our Price: $99.99 Units: each In stock Quantity: [ Office Depot Copy Paper, 8 1/2" x 11", 20 lb., 84 Briqhtness, Case Of 10 Reams Price: $22.99 Units: case Belkin Gold Series IEEE L2.84 Parallel Printer Cable, DB25M/Cent. 36M, 6_' Price: $29.99 Units: each Wilson .1ones® Overlav Binder, 1" Rinq, White Price: $1.99 Units: each Product Details Item # 421831 Manufacturer C6456AA2L black.an_. ,c[ .white print 600 x 600 dpi resolution black and white print 6 ppm speed cable no included color print 600 x 300 dpi resolution color print 3 ppm speed depth. 16" Ethernet no ready http://www, officedepot.comJshop/catalog/sku.asp?BC=3%3 A16%3A1604%3A 160400 VENDOR NUMBER: 194360 OFFICR-NAX #159 5066 ATRPOR?- RD. PURCHASE ORDER SEND INVOICES TO: BOARD OF COUNTY COMMISSIONERS ATrN: FINANCE DEPARTMENT P.O. BOX 413016 NAPLES, FLORIDA 34101-3016 34112 PAGE ":ORDER NO' I 10373 I 02/06/ OR'rGII~lkL- DA?E SHIP TO NUMBER: 00005 1 02/O  COLL[ER-C~ PUBLIC L[BP, J~Y ES?~?ES--BR,~ICH 1266 GOLDBN-GA?I~ BOULEV,M~,D, ',,tEST N~PLES, FL 33964 19:7 NS, 30 D] S?Z ?ZO ' ~ 129-156110-651930-33014 7.00 ~ 129.9900 909.g S~IEDSR-PO~R-~~R ~O~~R 1122-38 SR~S ON L~ ~ 909.93 TAX EXEMPTION (FL.) NO. 21-O7-019995-53C TOTAL This Order Subject to the Following Conditions This Purchase Order is considered to be a single contract P~yment will be made upon complebon of totaJ order. No parbal payments will be made w~,:)ut proper auffxxizatio. Purchase Order Number must appear on all invoices, packages, or correspondence. The County reserves the dght to cancel any portion of this order if not filled as specified. Defective goods will be promptly retumed at your expense and credit taken. The Vendor agrees to reimbursement of travel expenses in a~ with Florida Statute Chapter 112.061, Per Diem and Travel Expenses of Public Officers, employees ar authorized persons. Payment will be made only in accordance with this order, corrections or pdce adjustments must be authorized by the Purchasing Director prior to shipment of ! scounts of prompt payment will be computed from date of receipt of goods or from date of receipt of invoices, whichever is later. ~-~ _~ ~agreed: that.goods delivered shall con~3~ with all federal, state, or IocaJ laws relative thereto, and that the vendor shall defend actions or (laims e ouyer trom lOSS, cost or damage by reason of actual or alleged nfringements of letter patent. / AIl shipments to be FOB 'Destination. ). Unless the Vendor indicates otherwise, initiation of work shall constitute acceptance of the Purchase uroer it'm g all attachmen 200 BY c~URCHASE ]RDER NO. 3, ~71 FIELD PURCHASE ORDER SEND INVOICE TO: ~ -- BOARD OF COUNTY COMMISSIONERS ATTN: FINANCE DEPARTMENT P 0 BOX 413016 NAPLES' FL 33941-3016 tOTAL AMOUNT: I REQUESTING DEPARTMENT: I BID NUMBER: I EXP. DATE:- 299.94 I 156110 I I =PO DATE: I REQUESTED BY: I TELEPHONE NUMBER:I 12/20/00 I LHP I ITHIS PURCHASE ........... ~ .................................................... IORDER IS NOT PURCHASING USE ONLY IVALID IN EXCESS 3ATEGORY CODE: FPO TYPE: B IOF $500.00 · JOLD (Y/N): N 1099: I VENDOR NO.: 179920 I SHIP TO: 000030 ~AM'S CLUB COLLIER COUNTY PUBLIC LIBRARY 2550 IMMOKALEE ROAD MAIN BRANCH''~ ~APLES FL 650 CENTRAL AVENUE 341101410 NAPLES. FLORIDA 34102 ~EMARKS: I TAX EXEMPTION (FL.) NO. 21-07-019995-53C I TERMS: NET 30 IPURCHASING .................................................................... I USE ONLY STOCK NO. I ACCOUNT TO CHARGE I QTY IUNIT PRICEIUOMI AMOUNT I - - - ............................... I COMMODITY D 'RIPTION I CODE 129-156110-651930-33014 6.00 49.9900 EA 299.94 TASK CHAIR WITH REMOVABLE ARMS JUST: NEEDED FOR NEW OFFICE TOTAL 299.94 FIELD PURCHASE ORDER NUMBER~.~[ltS~ APPEAR ON INVOICES, PACKAGES AND CORRESPONDENCE RECEIVED BY: ~ ~_~_~_~,~,-----, DEPT. APPROVAL: , ~ ~ 'HIS PURCHASE OR[~ER IS NOT VALID FOR PURCHASES IN EXCESS OF m~nn.o0 Agenp~ Item I MAR 2 7, 2801 Pg ---~__~ I. PARTNERSHIPS FRIENDS OF THE LIBRARY of COLLIER COUNTY INC. RO. BOX 2921 Naples, Florida 34106 941 262-813.5 March 9, 2001 Mr. John Jones, Director Collier County Public Library 650 Central Avenue Naples, Florida 34102 Dear Mr. Jones: The Friends of the Library of Collier County, Inc. recognize the value of improving access to the Library and its services to inform and enhance the lives of older adults. We support Senior ON-Line for the Collier County Public Library as a program partner. We will assist the Library in forming a Project Advisory Group, support its effort to provide older adults with education, training, and exposure to computerized library information and the lnternet, and commit 10,000 in matching funds to this grant. Yours truly, Jay L. Wolff President Helping your library help you A gen, d~ Item MAR 2 7. CANTERBURY HOUSE DIANA L GUA. LARIO. R.N. ADM~ISTRATOR March 12, 2001 Ronney D. Cox Outreach Specialist ll/C.~rant Coordinator Collier County Public Library Estates Branch 1266 Golden Crate Blvd. West Naples, FL 34120 Dear Ms. Cox: Thank you for considering Canterbury House as a participant in your outreach program, Seniors On-Line. My staff mad I support your program whole-heartedly as it would greatly bene~n our residents. We will gladly provide the needed space for a work~tion in our facility and work with the Library for a successful program. I look forward to hearing from you and learning what we need to do to get started with Seniors On-Line. Sincerely, Diana L. Gualarlo LOCATIONS: 707 VINEYARDS BOULEVARD. N~.PL~S. FL 34 [ 19 ID SEVENTH ~-FRE~'T. 80N1TA SPRINGS. I:L ~4134 ManorCare at Lely Palms 1000 Lely Palms Drive Naples, Florida 341 ! 3 941-775-7661 941-775-90S5 Fax March 7. 2001 Ronney Cox Collicr County Public Library Estatcs l:h'anch 1266 Golden Gate Blvd. West Naples FL 34120 l)car Ronncy: Thank you for the information regarding thc Seniors On Line program. We would be very interested in becoming a Program Partner. The increased access to the Library materials and the internet in general should be very popular with our residents. We would bc happy to make the computer accessible to our residents and thc l,ibrary staff for their help in implementing the program. There is space available, probably in l,ibrary, for thc computer workstation as you described. Plcase let mc know il' there is anything else i can do to be helpful with inaplcmcnlmg thc program at our facility. I look forward to hcaring from you. Sincerely. Ted Kolva Executive Director ManorCare at l,ely Palms Retirement Center An HCR Manor Care Company 2001 | ManorCare Health Services-Naples 3601 I.akc~ood Boulevard Naples, Florida 34112 (941) 775-7757 f941) 775-524,g HCR.ManorCat ,'X'u,'sm,~ L Rcl,ab March 7, 2001 Collier County Public Library Estates Branch 1266 Golden Gate Blvd. West Naples, FL 34120 Att: Ronnie Cox Dear Ms. Cox, Thank you for your recent letter regarding the Seniors On-Line Grant that is available to the older adults in Collier County. We certainly support this project and your consideration of our facility for this grant. Although the majority of our residents would require assistance, a computer workstation with direct access to the library and internet would be another way of being in contact with the outside 'world" for them. We appreciate this opportunity and look forward to hearing from you. Sincerely, Porn Behrens Director of Nursing Ag e n~d~ I~em~ MAR 2 Z .2001 Imperial Health Care Center March 9. 2001 Ronney D. Cox Outreach Specialist lI/Cu~t Coordinator Collier Count~ Public Library Estates Branch 1266 Golden Crate Blvd. Wes~ Naples, FL 34120 Dear Ms. Cox: Thank you sending me ~e information regarding computer aeex~ for my residents. I feel that ou~ residents and staff would benefit from this program immensely. I will assist the Library in this effort by making the computer accessible, not only to the residents, but also to the community. Thank you for this consideration. Very Truly Yours, Allison E. Burwin Admini~r'8~r 900 Imperial Golf Cmarse Blvd. · Naples, FL 34110 Agenc~ OO2 M~ Rormcy Cox Seniors On-Line Program Collier County Publ/c Library VIA FACSIMILE ttOtl' 'E ~STED LIVING On behsdf of the residents here at Sumruechouse, I am exc~ed to extea~d o~ commhmcnt via this later in support of the Seniors On-Line Pmsram, Wc fully understand the value in our residents havin~ access m thc Intemet and to computer mchnology in general. Our/ntent/on, if chosen to p~-i¢ipatc,/s ~o dedicate a convenient location/n our community as our computer center for our residents to ~.sily As friends of tho library, we ~ to ~ thc compt~.r c~nt~-r available for waining and general use by sel~etm:l groups of the library and S~iors On-Line. Please fogl free Io rxmtact me if you ncod furtt~r .hlf'Ormal~on_ Again, thank you for considering Summerhouse. We can't wait to participate. Sinc~ty, Agenda I.tem m MERRILL GARDENS at Naples March 7, 2001 Collier County Public Library 1266 Golden Gate Blvd., West Naples, F1 34120 Attention: Ronney D. Cox Dear Ronney, Thank you for asking our Retirement Community to apply for The Seniors On-Line Grant and becoming a Program Parmer. Our residents no longer drive, and rely on us for all their needs. They could enjoy access to the Library and it's services without ever having to leave home! We have just recently taken over this property and are always looking for ways to offer our facilities to the public. It would be a wonderful marketing tool for us to offer computer training to senior citizens in the area. Our community has two libraries that could be utilized as a permanent computer station for residents and other senior citizens. I am excited about the possible services this will bring to our residents and the Naples community. Sincerely,~._~/ Bo~~b H~lett, ~, General Manager 1710 SW HEALTH PARKWAY NAPLES, FL 34109 TEL: 941-598-1213 FAX: 941-596-2335 WEB: www. merrillgardens.com ~1 w~ D~ve Fh~e: 941-642-0000 Fax.- 941-642-10~)I Ral~i Howard Gteet~em. PKD. DD Caa~ ~ Had JamOca Mm~ch 8, 2001 Ms. Ronney D. Cox Collier County Public Library 1266 Golden Gale Blvd., West Naples, FL 34120 Dear Ms. Cox; I have read with great interest you letter describing li~ "Seniors On-Linc" program. I am currently president of the Jewish Congre~on of Marco Island, a religious institution m~d~ up lar~ of senior citizens. Based on my limited knowledge of the level of computer com~ of our congre~nts, I would say a program of the nature you descffbe would be both very vsl.~hle and well r~eived. Our facilities lend themselves well to a classroom type leamin~ that could include members of the larger comm]miW. While any decision to l~rticipate in t_hi.~ type of program (should it mata!_~)i?e) would have to be lie decision ofour Board of Directors, I can assure you of our interest in explorh~ it futth~. I look forward to hearing from you. Sinc~ly yours i A gen~ Item , MAR 2~/~1I ~AR--09--200! 12:49 AH SENIOR CONNECTION NAPL£$ Senior Connections of S.W. Fi. 55S Cowboy ~ay 3-7-01 To= Whom it n%my concern Senior Connections of S.W. Fi. is conunitted =o a p&r:nerehip wi:h ¢9~r COUnty Public L~brary, =O provide ~he "Seniors in ~ine Pro]ram". The seniors who come to 0u~ Place Senior Can:er are very in:erested in becomin9 computer literate. Many of our seniors do no= have access to the librar~ and its services ~g $9 distance, their handicaps anzl t~e lack oE transportation. This program w~ll allow them ~he oppor=uni~y ~o ~rove =heir quality of li~e =hrou~h knowledge and c~,~,~unica=ing wi~h ~&m£1y a~ ~riends. Plsase Eeel Eree =o con=act me should you have any clues=tons or need more inEormation. Area Supervisor Senior Connections of S.W. Fl. March 2, 2001 Ms. Ronney D. Cox Outreach Specialist Il/Grant Coordinator Collier County Public Library Estates Branch 1266 Golden Gate Blvd., West Naples FL 34120 RE: Seniors On-Line Dear Ms. Cox: Our facility would like to participate in the Seniors On-Line program. We have many residents who'would benefit from the access to the Library and it's services that this program would provide. We are willing to provide space for the computer workstation and would be happy to assist the Library by making the computer accessible to the Library so they may offer training opportunities to our residents, staff, and other senior citizens who may wish to participate in this program. Sincerely, egma H. Driesbach Executive Director of Operations/Administrator RHD:llh 130 Moorings Park Drive Naples, Florida 34105 HAR 2 7 (941) 643-9133 Fax (941) 643-9134 I- I I'1 I C.~,.'..1 DL J. IqU Charlie Crist C;ommissioncr ,.lr_lkvv I EL- /'lc:ti' O0 UI FI,OR]DA DEPARTMENT OF EDUCATION Division of Blind Services Sherry I.. stranahm~ District Admini.~tratar March 8, 2001 Ms. Ronney Cox Collier County Public Ubrary Estates Branch 1266 Golden Gate Blvd. w. Naples, FL 34120 Dear Ms. Cox: 1 wnole-nearmdly recommend dial yuur the needs of the senior citizens in Collier County. My agency proutdes computer ,b'ainlno tn ~, whn are vimally Impaired in' Collier County. We have an excellent computer Instructor who works with our clients in their own home on an Indlvldt~l basis. Note and more seniors am. becoming interested in learning how to use computers'espedally to communicate with friends and family members through e-mall and to look up a vast array of. Information on the Intemet. The software available to visu. ally impair¢~l people can enlarge the print, 1311~ or a comblna~n of the two, as well as offering dictation ability, I fully support your' efforts in ehabllng seniors t~ have access to compumrs and. wish you conUnued success in your program. Sincerely, andy W~qnstock Senior RehabilitaUon Spedailst Fate 1..8~0-219-0180 - FAX 941/2"/8,-1351 G. CERTIlZlCATION REGARDING DEBARMENT ETC. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presemly debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of A~thorized Represemat~ve Signature Date ED Fon~ GCS-009, 6/88 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction, .... debarred, .... suspended," "ineligible," "lower tier covered transaction," "participant, .... person, .... primary covered transaction, .... principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded fi.om participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause tiffed "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone Number). 8. Nothing contained in the foregoing Sttall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded fi.om participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. -. ED Form GCS-009, 6/88 ~ 33 EXECUTIVE SUMMARY APPROVE A PURCHASE AGREEMENT TO ALLOW FOR A WALKWAY, BIKE PATH AND GREEN SPACE TO BE CONSTRUCTED FOR RECREATIONAL PURPOSES. OBJECTIVE: Staff is requesting approval and execution of the attached Purchase Agreement with Jennifer Rowland and Marguerite Joy,.to acquire a five (5) acre parcel (tax parcel 17), located in Section 34, Township 49, Range 26, for the purpose of a walkway, bike path and green space to be constructed for recreational purposes from the eastern boundary of the Heron Lake PUD (Forest Park) to the western boundary of the Golden Gate Commerce Park PUD along the south side of the SFWMD easement, parallel to the Golden~ Gate Canal. CONSIDERATION: Parks and Recreation has determined that eight (8) parcels are needed to construct a walkway and bike path that extends from the east side of the Heron Park PUD (Forest Park) along the south side of the SFWMD easement, parallel to the Golden Gate Canal, to the western boundary of the Golden Gate Commerce Park PUD. The project consists of six (6) easement parcels that are twenty feet in width and two five-acre parcels which are to be acquired in fee simple. Tax parcel 17, owned by Jennifer Rowland and Marguerite Joy, is a vacant parcel and has been determined by staff to be a favorable property for the intended purpose. The property was for sale by the owners prior to the time Collier County displayed an interest in the parcel. Kevin Hendricks, the Collier County Right-of-Way Design and Valuation Coordinator, completed a land rights valuation, which supported the asking price of $80,000 that was requested by the owners. FISCAL IMPACT: The following are the costs associated with the purchase of the subject site: 1. Purchase Price' $80,000.00 2. Title Commitment/Policy and miscellaneous costs (recording, etc.): Not to exceed: $470.50 3. Market Valuation: Completed by Real Property Management Staff The above expenses are to be allocated from Parks and Recreation Fund 368. GROWTH MANAGEMENT IMPACT: The construction of the walkway is consistent with the Growth Management Plan. MAR 2 7 2001 RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute the Agreement; 3. Waive the requirement for an appraisal pursuant to Florida Statute 125.355(b); 4. Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures; 5. Accept for recording in the Public Records a Warranty Deed, and any documents necessary to clear title, once approved by the County Attorney's office; 6. Approve any and all necessary Budget Amendments to fund said purchase and related expenses. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: HOF =_ BRACK, SPECIALIST R ~,L PROPER~MANAGE~NT M/~RL~, RAMSEY, 'D I~,ECT(~R PARKS & RECREATION ",d LEO E': OCHS, JR., ADMI~II/~RATOR PUBLIC SERVICES DATE: DATE: DATE: PROJECT: PARCEL: FOI IO: Golden Gate Walkway/00164 606 0029712OOO7 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between JENNIFER M. ROWLAND, a single person, and MARGUERITE R. JOY, a single person, (hereinafter collectively referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a fee estate in that land (hereinafter referred to as the "Property") located in Collier County, State of Florida, and being more particularly described as follows, to wit: THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Owner desires to convey the Property to the Purchaser on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser by warranty Deed for the sum of Eighty Thousand Dollars ($80,000.00). The Owner accepts the above payment as full compensation for the Property interests taken and for any damages resulting to the remainder, if less than the entire property was taken and for all other damages in connection with said Property, including any attorney fees and costs provided by Chapter 73, Florida Statutes. 2. Purchaser shall Pay Owner for the Property by County Warrant (said transaction hereinafter referred to as the "Closing"). 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and that, therefore, said closing shall occur within sixty (60) days of the execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the required conveyance documents to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five (45) days after closing, any and all property, goods and chattels which are located on the Property. Purchaser shall provide a list of items to be removed, if any, at closing. Owner shall indemnify and hold Purchaser harmless from any costs in connection with the relocation of the identified items. 4. Owner shall pay its pro-rata share of taxes, assessments, or other term expenses of the Property, if applicable, through the day before the closing. 6. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florid~ Bar and in accordance with law. The Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the title within the time provided therefor including the bringing of necessary suits. Any and all documents to clear title to the Property shall be provided to Purchaser on or before the date of closing. 7. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. Conveyance of the Property, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 11. The Purchaser shall pay for all costs of recording the conveyance documents. All other costs associated with this transaction including, but not limited to, transfer, documentary and intangible taxes, and cbsts for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the obtaining and recording of a Subordination, Consent & Joinder of Easement and/or Partial Release of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 12. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. Agenda Date Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES D. CARTER, Ph.D., Chairman AS TO OWNER: DATED: ,/.Z~/~/ WITNESSES: ~ir~t Witness Signature) (P~ri~ed Na~e) (S,ebond Witnes'~Signature) (Printed Name) ,JE~b/'NIFER I~I. ROWLAND ~ddress: 1436 NE 17~ Terrace Ft. Lauderdale, FL 33304 (First Witness Signature) ~. ~. L L t} "'~ 'V ; t~ J~ ~ (Pri_d.O~d Ngm,e) ..,.. -, (SeCond W~ness ~ignature) (Printed Name) / M~GUERITE ~.~Y / A~fdfess: 1301~Ri'Jer Reach Drive Apt. 310 Ft. I~auderdale, FL 33315 Approved as to form and lo g~,~ u f f i c~e n cyy. p~/y Ellen T. Chadwell Assistant County Attorney EXECUTIVE SUMMARY APPROVE ONE EASEMENT AGREEMENT TO ALLOW FOR A WALKWAY, BIKE PATH AND GREEN SPACE TO BE CONSTRUCTED FOR RECREATIONAL PURPOSES. OBJECTIVE: Staff is requesting approval and execution of the attached Easement Agreement with Alma Olivia Fleming, Trustee of the Alma Olivia Fleming Trust Fund, to acquire three (3) sidewalk easements located in Section 34 Township 49 Range 26, Tax parcels 47, 29, and 28 for the purpose of a walkway and bike path to be constructed between the boundaries of the Heron Lake PUD (Forest Park) to the western boundary of the Golden Gate Commerce Park PUD along the south side of the SFWMD easement, parallel to the Golden Gate Canal for recreational purposes. CONSIDERATION: Parks and Recreation has determined that eight (8) parcels are needed to construct a walkway and bike path that extends from the east side of the Heron Park PUD (Forest Park) along the south side of the SFWMD easement, parallel to the Golden Gate Canal, to the western boundary of the Golden Gate Commerce Park PUD. The project consists of six (6) easement parcels that are twenty feet in width and two five-acre parcels which are to be acquired in fee simple. The three (3) subject easements, owned by Alma Olivia Fleming, Trustee of the Alma Olivia Fleming Trust Fund, Under Declaration dated October 12, 1995, are vacant parcels and have been determined by staff to be a favorable property for the intended purpose. A valuation was prepared by Kevin Hendricks, the Collier County Right-of-Way Design and Valuation Coordinator in the amount of $8,000 for all three easements, which is acceptable compensation to the property owner. FISCAL IMPACT: The following are the costs associated with the purchase of the subject site: 1. Purchase Price · $8,000.00 2. Title Commitment/Policy and miscellaneous costs (recording, etc.): Not to exceed: $324.00 3. Market Valuation: Completed by Real Property Management Staff The above expenses are to be allocated from Parks and Recreation Fund 368. GROWTH MANAGEMENT IMPACT: The construction of the walkway is consistent with the Growth Management Plan. :~ '/t M R. 2 7 2001 RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Authorize its Chairman to execute the original Agreement on behalf of the Board, once the original document is returned and approved by the County Attorney's Office (a copy is attached for your review)-; 2. Waive the requirement for an appraisal pursuant to Florida Statute 125.355(b); 3. Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures; 4. Accept for recording in the Public Records a Sidewalk Easement, and any documents necessary to clear title, once approved by the County Attorney's office; 5. Approve any and all necessary Budget Amendments to fund said purchase and related expenses. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: HOPE BRACK, SPECIALIST RF.~L PROPERTY ~,NAGEMEN'I~ CH/~I~i' ES'E-. CARRII~G~'ON, JR.I~ UlREC REAL PROPERTY MANAGEMENT ~ARLA RAMSEY, DIRECTOR ./ PARKS & RECREATION DATE: DATE: DATE: LEO E. OCHS, JR., 'ADMIN~Sf. ~-,, OR PUBLIC SERVICES !/ Agenda _Zt~ MAR 2 7 2001 Pg ._~~ PROJECT: Golden Gate Walkway/00164 PARCEL NO: 601 (Folio # 00298120200) 602 (Folio # 00297560007) 605 (Folio # 00297520005) EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ALMA OLIVIA FLEMING, INDIVIDUALLY AND AS TRUSTEE OF THE ALMA OLIVIA FLEMING TRUST, UNDER DECLARATION DATED OCTOBER 12, '1995, (hereinafter referred to as "Owner"), whose mailing address is 5772 SE Nassau Terrace, Stuart, Florida 34997 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the construction and maintenance of a sidewalk and bike path over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $8,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier (~ounty, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless .Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Flodda. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; MAR 2 7 2001 Easement Agreement Page 2 that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this .transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal 'representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from theprovisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of ,2001. Date Property acquisition approved by BCC: AS TO PURCHASER:' DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JAMES D. CARTER PH.D., CHAIRMAN AS TO OWNER: DATED: ALMA OLIVIA FLEMING, Individually and as Trustee Witness (Signature) Name: (Print or Type) Witness (Signature) _ Name: (Print or Type) ALMA OLIVIA FLEMING Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney MAR 2 ?, t01 Pg EXHIBIT R of, ~ PUBLIC WORKS ENGINEERING DEPARTMENT 33oi EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION CNOT A SURVEY) PRO~ECT NO ..........00164 PARCEL NO ................. 601 FOLIO NO....00298120200 TAX PARCEL NO ........... 47 THE SOUTH 'TWENTY (20') FEET OF THE NORTH FORTY (40') FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~/' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 1 MAR 2 7 2001 EXHIBIT. PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION ('NOT A SURVEY) PROJECT NO .......... 00164 PARCEL NO ................. 602 FOLIO NO....00297560007 TAX PARCEL NO ........... 29 THE SOUTH TWENTY (20') FEET OF THE NORTH FORTY (40') FEET Of THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROFESSIONAL LAND SURVEYOR-FL. RE(3. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY O~)VERNMENT COMPLEX 3301 EAST TAIV~.A_.MI TRAIL NAPLES, FLORETA 34112 -SHEET 1 OF 1 EXHIBIT, P~g~. ~ ~, PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY') PROJECT NO .......... 00164 PARCEL NO~" .............. 605 FOLIO NO....00297520005 TAX PARCEL NO ........... 28 THE SOUTH TWENTY (20') FEET OF THE NORTH FORTY (40') FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTF~R OF THE NORTHWEST QUARTER' OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLOR~I~A 34112 SHEET 1 OF 1 EXECUTIVE SUMMARY APPROVE A LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., APPROVING USE OF SPECIFIED COUNTY-OWNED PROPERTY FOR CONDUCTING A JULY 4TM FIREWORKS FESTIVAL OBJECTIVE: To provide a means for the Collier County Community.. to recognize and celebrate the nation's independence through a community 4th of July Festival. CONSIDERATIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees) has partnered with the County to provide a free 4th of July event for the community for the last three years. Through this agreement the County will provide a $25,000 contribution that will be used to support the event and will be paid, as is standard practice, through a reimbursement method. The event as proposed this year, will again be a family-oriented event with musical entertainment, food vendors, and fireworks at dusk. The agreement requires that the Jaycees have and make arrangements for appropriate levels of law enforcement personnel, fire department and Emergency Medical Services presence, and specific insurance coverage for the event as prescribed by the County's Risk Management Office. The agreement has been negotiated through the Public Services office and has been reviewed and approved by the County Attorney's office for legal form and sufficiency. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this event. FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which have been included as part of,.the FY 2001 budget' within the Parks and Recreation Department. RECOMMENDATION: It is recommended that the Board authorize the Chairman to execute the attached Limited Use License Agreement between Collier County and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of July Festival at Sugden Regional Park. Prepared by: Leo E. Ochs, Jr., // Public Services Admi~strator · MAR 2 ~ ~001 ~ 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 ,0 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 ;7 58 59 60 61 62 LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY- OWNED PROPERTY FOR CONDUCTING A JULY 4TM FIREWORKS FESTIVAL. This is entered into this day of ,2001 by and between the Board of County Commissioners, Collier County, Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida corporation, whose mailing address is P.O. Box 10416, Naples, Florida 34102, hereinafter referred to as "Organization". WHEREAS, the Organization requests the use of County-owned land for the purpose of holding activities for conducting a Naples Jaycees July 4th Festival and Firewbrks Display to be held on July 4, 2001. WHEREAS, the Board is willing to approve the use of County-owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: The Board hereby approves the use of a portion of County-owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from July 2n~ through July 5th. The organization shall be responsible for all on and off-site Event operations and revenue as well as the administration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and t'he revenue therefrom subject to approval of the Public Services Administrator. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Event, such responsibility not being limited to trash collection and clean-up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Organization shall ensure clean up of the Property by close of business on July 5th' Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Organization covenants and agrees in connection With any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All permanent alterations, improvements, MAR 2-'z 200I 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non-permanent additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic beverages within t-he park boundaries. There shall be no on-site sales and promotion of any tobacco product within the park boundaries. 7. organization agrees to: Provide on or before March 30th to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc.) will be included within the special events permit application package. B. Meet on the Property on or before June 4, 2001 with representatives from the Collier County Parks and Recreation Department, the East Naples Fire Control District, the Collier County Sheriff's Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department; 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriff's Department, 4. Written confirmation for on and required off-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, 5. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 6. A copy of the organization's "Chairman.'.s.. Planning Guide". Organization agrees to manage the Event as outlined within the Chairman's Planning Guide prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Chairman's planning Guide after the meeting of June 4, 2001 referenced in paragraph seven (7-B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event on July 4th, such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator, July-5, 2001. All subsequent dates of this agreement will be adjusted accordingly. The Organization agrees that all persons involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyro-technicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. 10. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created Agenda Item ,.%' MAR 2 7 2001 Pg · ~...._.~~ 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 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 ,8 59 6O 61 62 11. 12. 13. (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of any one or more thereof, Organization shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees The Organization accepts the property "as is." The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any intederence caused by operations by or for a governmental authority. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(les), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits during the term of this Agreement. Organization shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with all applicable laws. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this 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(les) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization. Upo. n receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. 14. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 15. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy Avenue, Mohawk Plabe, Mindi Avenue, Rose Avenue, and Poplar Way. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 16. This Agreement is not assignable. Any attempt to assign shall be void ab initio. 17. The Rental Rate for the festival is $ 800, which was waived by the Board on October 10, 200O. 18. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. 19. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to any septic system on the 1 2 3 4 20. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 21. 22. Property except fireworks are planned to be discharged in the air and on the ground according to plan. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars ($25,000) for the Festival. The funding is to be used for permit fees, park fees, entertainment fees, sheriff's department fees, carnival fees and/or fireworks fees. Funds will be paid on a reimbursement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: NAPLES JUNIOR CHAMBER OF COMMERCE, INC. By:. , President Witness (signature) (print name) Witness (signature) (print name) AS TO THE COUNTY: ATTEST:- DWIGHT E. BROCK, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: For: ~Wei?ee¢ County Attorney By: James D. Carter, Ph.D., Chairman 4 EXECUTIVE SUMMARY AUTHORIZATION TO COMBINE I'~VO PART-TIME POSITIONS TO ONE PERMANENT FULL-TIME POSITION. OBJECTIVE: To obtain the Board of County Commissioners authorization to create a permanent full-time position to better serve the affordable home ownership program. CONSIDERATIONS: Last year more than 3,000 people were informed about the home loan program and over 350 people determined eligibility to qualify for a loan. Forty-four families closed loans totaling $3.99 million; resulting in a conservative estimate of $60,000 in new or continued tax revenue for the county. Eight banks have committed $5 million in funds to be used for home loans. The Outreach Coordinator position is a key to this success. Two pan-time employees have been utilized in the past with one exceeding expectations. She was board approved for permanent pan- time status last year and the second pan-time position for the program has been vacant for quite some time and difficult to fill. FISCAL IMPACT: A budget expenditure of $5,632 will be needed for health and-life insurance which, is available in current budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board authorize the position status change of two part-time positions to one permanent full-time position. Prepared by: i~ Deni se~. B~t on, i'D~ct orr) Date: 3/05/2001 Reviewed and Approved By: ' ~ Leo Ochs, Public SerVice/s/Administrator Date: HAR 2 7 2001 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE ~DDITIONAL REVENUE AND APPROPRIATE FUNDS AS AN OPERATING EXPENSE OBJECTIVE: To request the Board of County Commissioners approve a budget amendment to recognize additional revenue and appropriate $3,200 of Operating Expenses to cover the cost of leasing a color printer. CONSIDERATION: The Department of Public Information has realized unanticipated revenue in this fiscal year which is derived primarily from the sale of video tapes and Board agenda subscriptions. The Department is also in urgent need of a color printer and has investigated the option of leasing.this equipment. This is a request to transfer funds to the Operating Expenses portion of the Department's budget to cover the leasing costs. The Department of Public Information has need for this equipment on a daily basis. The printer presently being used is operating poorly. In recent months, several repairs have been done on this equipment costing in excess of $1,000. FISCAL IMPACT: The cost to lease the printer will be $345.00 per month for 42 months. Funds are available in FY 01 due to additional revenue in the Department of Public Information. Subsequent fiscal year budgets will increase $4,100.00. GROVVTH MANAGEMENT IMPACT: No growth management impact will result from this request. RECOMMENDATION: The Board of County Commissioners approve a budget amendment which recognizes the additional revenue and will transfer funds to operating expenses to cover the cost of leasing a color printer for the Department of Public Information. Submitted by: ~--f~_~ ~ fJ, x,~_ _/~ Date J~an Merritt, Director Department of Public Information Approved by: Date Jo-Anne Varcoe Learner, Administrator Support Services Division ,,2-/9'-0/ EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT NO. TWO FOR RFP 97-2675, "PRE-EMPLOYMENT PHYSICALS AND DRUG TESTING" OBJECTIVE: To approve Amendment No. Two 97-2765 with Community Health Partners. To include items excluded at time of renewal. CONSIDERATION: At time of contract renewal, Community Health Partners requested changes to their current contract. Staff has since found that two (2) items previously negotiated were inadvertently left off of Amendment No. One., these items are: Commercial Drivers License (CDL) Physical (Department of Transportation) and Pre-Placement Physical with Commercial Drivers License (CDL) Physical. These physicals are necessary for compliance with Federal and State laws for issuance of Commercial Drivers Licenses. FISCAL IMPACT: Fiscal impact is estimated to be approximately $1,000.00 additional for full year. According to current projections, this amount shall be absorbed by the $32,000.00 currectly budgeted for pre-employment physical examinations. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve Contract Amendment No. Two to RFP 97-2765 as addressed in this summary and authorize the Chairman to sign the Amendment after review by the County Attorney's office. SUBMITTED BY: Gary W(d~e~amp .~,~ployee Relations Superviso(.__...~ REVIEWED BY: · ,/- Geor~ P. Bradley, Director/ Human Resources Department REVIEWED BY: APPROVED BY: Ste~-I~en Y. C'arnell, Director Purcha. sing/General Services Jo-Anne Varcoe Leamer, Administrator Support Services Division Date: Date: Date: "~ / ~'~ /0/ Date: EXECUTIVE SUMMARY APPROVAL TO ENTER AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE DEVELOPMENT OF A TERRORISM ANNEX TO THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND CONDUCT AN EXERCISE TO VALIDATE THE ANNEX OBJECTIVE: To gain Board of County Commissioners acceptance and approval of Agreement # 01 -EO-01-09-21-01-013 between the State of Florida, Department of Community Affairs and Collier County for funds to develop a terrorism annex to the Collier County Comprehensive Emergency Management Plan, to conduct an exercise to validate the plan and our capabilities and to adopt a Resolution authorizing the acceptance and execution of said Agreement. CONSIDERATION: The United States Department of Justice, through the State of Florida, Department of Community Affairs, has made funds available for counties to develop a terrorism annex for incorporation into Comprehensive Emergency Management Plans. Standard Operating Procedures and an exercise must be completed prior to contract termination of September 30, 2001. Collier County has already performed a needs assessment for training and equipment to combat the terrorism threat. Monies for training and equipment will be available under separated grants. Since the time to complete the Annex, develop Standard Operating Procedures and conduct an exercise is relatively compressed, it is the staff's recommendation that the grant funds awarded should be used to hire an outside contractor to accomplish these tasks in accordance with the Scope of Work. If the attached Agreement and Resolution are approved, the Florida Department of Community Affairs will award Collier County the sum of $ 50,000.00 for the completion of the Scope of Work. FISCAL IMPACT: Increase of $ 50,000.00 in Fund l 18- Emergency Management Grant Funds GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement # 01 -EO-01-09-21-01-013 for the development of a terrorism annex to the Comprehensive Emergency Management Plan, preparation of the Standard Operation Procedures and the development of an exercise to validate the plan and the capabilities of all public safety agencies within the County, adopt the Resolution AI~.ND,~,TF.~ No., .... HAR 2 7 2001 authorizing the execution and acceptance of said Agreement, and approve the necessary Budget Amendment that increases the Emergency Management Grant Fund by $50.000.00. SUBMITTEDB~ -~~~ Date: Keflneth FPineau, Emergency Manager~e~t Director APPROVED BY: ~"/~"~ ,.:~..//~,r_g.~c..~ Date: 3/~}/~/ Thomas Storrar, Emergency Services Administrator RESOLUTION NO. 01 - RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY WHEREAS, the United States Department of Justice, through the Florida Department of Community Affairs has made funds available to local jurisdictions for the creation of a Terrorism Annex to the Comprehensive Emergency Management Plan, the development of Standard Operating Procedures and the development of an exercise to validate the plan; and WHEREAS, the Florida Department of Community Affairs, by means of the attached Agreement # 01-EO-01-09-21-01-013, has agreed to provide Collier County the sum of $ 50,000.00 for the completion of the Scope of Work in Attachment "A" of the Agreement. WHEREAS, the Board of County Commissioners of Collier County, Florida agree that the performance of the subject Agreement is in the best interest of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approve Agreement # 01 -EO-01-09-21-01-013 between the State of Florida Department of Community Affairs and Collier County as presented to the Board for review and hereby authorize the Board's Chairman to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second and majority vote in favor of adoption this day of ,2001 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman ATTEST: Dwight E. Brock By: (Deputy Clerk) Approved as to form and Legal Su:fficiency: Dav~'d"~,Veigel ~ ~," ,!~tl, County Attorney AGENDA II:EM No. /~ ~ / MAR 2 7 2001 Revised: February. 26. 2001 Contract Number: 01 -EO-01-09-21-01-013 CFDA Nmnber: 83.552 FEDERALLY FUNDED AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department has a need for such services, has followed appropriate state procurement procedures, and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws. rules and regulations. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end September 30. 2001, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTILa, CT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duh, signed by each of the parties hereto, and attached to the original of this Agreement. A(~_J~IDA ITEM No. /~. r':-{ I 2 ? 2001 Ail refdnds or repayments to be made to the Department under this Agreement are tc. be made payable to the order of :'Department of Community, Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (5) RECORDKEEPING (a) If applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) and OMB Circular No. A-87, "Cost Principles for State and Local Governments". (b) All original records pertinent to this Agreement shall be retained by the Recipient for three (3) years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three (3) year period and extends beyond the three (3) year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three (3) years after final disposition. 3. Records relating to real property, acquisition shall be retained for three (3) years after closing of title. (c) All records, including supporting documentation of all costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work (Attachment A) and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time. on Monday through Friday. "Agents" shall include, but not be limited to. auditors retained by the Department. (e) Any additional terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment D. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly repons. and with a final close-out report, see Attachment B for a Sample Report Form. DA IT..J~ MAR 2 7 2001 5 (b) Quarterly reports are due to be received by the Department no later than thirty (30) days after the end of each quarter of the program year (beginning with the current quarter in which the Agreement is executed) and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due thirty (30) days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required repons and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as is set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within thirty' (30) days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes. agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. A~3ENDA ITEM No. MAR 2 7 2001 (9) DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If an3' material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department; 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; or 4. If the Recipient has failed to perform and complete in timely fashion an), of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; and 5. Exercise any other rights or remedies which max, be otherwise available under AOE. NDA II. EM No. /~, /~zf MAR 2 7 2001 pg. 7 (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter ! !9, Florida Statutes, as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Florida Statutes, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery; first class, certified mail, return receipt requested; or e-mail to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Dorann Loehr / Paul Brannigan, Contract Manager Departmeht of Community Affairs/DEM 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9972 Fax: (850) 488-5777 Email dorann.loehr~dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration o£this Agreement is: Mr. Ken Pineau Collier County 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 941-774-8444 Fax: Email: pineaukC_w, naples.net 5 A~,-~ N DA !~'EM No. _/.~, .~ ,/ NAR 2 7 2001 (d) In the event that different representatives or addresses are designated by either parts.' after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11 ) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracv of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof0r any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County,. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of anv other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation. State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entiB, for the construction or repair ora public buildine or public work, may not submit bids on leases of real property to a public entity, may not be ~warded or perform work as a contractor, supplier, subcontractor~ or consultant under a contract with a public entity, and may not transact business with any public ', ' ~ ry period of'36 months enutv in excess of Cateoo Two for a from the date of being placed on the convicted or discriminatory vendor list. AGENDA LTEM No. /~ ,x--- / MAR 2 7 2001 P~I.___~ _ . (g) With respect to an), Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, propoSed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 1 l(g)2, of this certification; and 4. have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) In the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the Recipient shall fulfill the requirements relmive to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. MAR 2 7 2001 7 t0 If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in ks fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, :he cost of the audit must be paid fi-om non-Federal funds (i.e.. the cost of such an audit must be paid from Recipient ~nds obtained from other than Federal entities). ~. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of £mancial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of audit reports tbr audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted., when required by Section 320 (d), OMB Circular -~.~2, as revised, by or on behalf of the Recipient directly to each of the following: - a. The Department at each of the following addresses: Department of Communit?, Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 b. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections 320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East l0th Street Jeffersonville, IN 47132 c. Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (f), OMB Circular A-133, as revised. 4. In the event that a copy of the audit report for an audit required by subparagraph (d) above and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for the reasons pursuant to Section 320(e)(2), oMB Circular A-133, as revised, the Recipient shall submit the required written notification pursuant to Section 320(e)(2) and a cop>' of the Recipient's audited schedule of expenditures of Federal awards directly to the following program address: MAR 2 7 2001 Department of Communi~ Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three (3) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied witi~ the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the State Auditor General, whichever is later. (13) SUBCONTRACTS. If the Recipient subcontracts any or all of the work required under this A~ reement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that ~i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii.l the subcontractor shall hold the Department and Recipient harmless against all claims of xYhatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All Attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the Attachments hereto, the language of such Attachments shall be controlling, but only to the extent of such conflict or inconsistency. MAR 2 7 2001 9 (c) This Agreement has the following Attachments: A. B. C. D. and E. (16) FUNDING/CONSIDERATION. This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory, performance of work hereunder in an amount not to exceed $50,000.00 subject to the availability of funds. The Recipient shall use the Sample Reporting form (A,~tachment B) to record expenditures. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes. or the Florida Constitution. (b) This Agreement can not be extended. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this A~eement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any Recipient who 'knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any Recipient of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) COPYRIGHT, PATENT AND TRADEMARK. If applicable to this Agreement, refer to Attachment C for terms and conditions relating to copyrights, patents and trademarks. (19) PUBLICATIONS AND PUBLICITY. 10 N AGENDA IT. EM NAR 2 7 2001 / If applicable to this Agreement, refer to Attachment E for terms and conditions relating to publications and publicity. (20) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certif,v and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) LEGAL AUTHORIZATION. The Recipient certifies wifl~ respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (223 VENDOR PAYMENTS. HAR 2 ? 2001 Pursuant to Section 215.422, Florida Statutes, the Department shall issue payments to vendors within (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions ofthe Agreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be paid within fifteen (15) days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: COLLIER COUNTY Agency or Company STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Date: James D. Carter, Ph.D., Chairman Board of County Commissioners BY: Joseph F. Myers, Director Division of Emergency Management FEID# 59-6000558 ATTEST: BY: Dwight E. Brock, Clerk (Deputy Clerk) %_~roved as to Form, County Attorney AC-~NDA ~EM ? / WAR 2 7 2001 pg. Attachment A Scope of Work and Budget i. Scope of Services All municipalities and other local jurisdictions located within Collier County will be encouraged and invited to participate to their maximum extent possible. A. Develop a terrorism annex in accordance with state and federal plans that will address the roles and responsibilities of all appropriate agencies in the event of a terrorist incident. 1. A draft Annex will be submitted to the Department for review prior to the finalization and incorporation of the Annex to the Comprehensive Emergency Management Plan. 2. Incorporate the Annex into the Comprehensive Emergency Management Plan. B. Develop and conduct a table top exercise to test the Terrorism Annex to determine applicability and the ability of first responders to implement the Annex. 2. 3. 4. 5. 6. 7. 8. Report) to the Develop a play book and schedule timeline Produce exercise materials and aids Introduce and indoctrinate exercise participants Conduct the Exercise Evaluate the Exercise Produce an After Action Report to include participants and evaluations Incorporate 'Lessons Learned' into the Annex Provide Exercise materials (play book, outline, participant list, and After Action Department C. Develop Standard Operating Procedures for first responder personnel in the event ora terrorist incident. 1. Draft Standard Operating Procedures will be submitted to the Department for review. II. Budget Information The total funding allocated by the Deparm~ent is $50,000.00. Funding is allocated for the development of a Terrorism A_amex, Standard Operating Procedures and a Table top Exercise of the Annex. A. Payments will be reimbursed based on actual expenses not to exceed $50,000.00, as reported on, at most, a quarterly basis, and indicated by the submission of a report required by Paragraph 6.B. (see Attachment B also), and submission of an approved request for payment. B. A full accounting of the expenditure of the $50,000.00 will be contained in the final close out report as submitted to the Department. This report must be submitted within thirty (30) days of the termination of this Agreement. 13 AC3ENDAITEM MAR 2 7 2001 Attachment B SAMPLE REPORT FORMAT ~roject Finances: Include the dates of each report period as specified in the "From / To" column. Enter the mount of funds expended in each budget categorv during thc period (figures should be consistent with invoice mounts). ' Reporting Quarter From /To Salary Travel Printing Supplies Other TOTALS 1 2 3 4 FINAL II. Proiect Finance Narrative: Include a brief summary of financial activity during the period as well as an explanation of expenses charged to the "Other" category.. First Quarter Report: Second Quarter Report: Third Quarter Report: Fourth Quarter Report: Final Report: 14 MAR 2 ? 2001 III. Proiect Activity Narrative: Include a brief description of planning activities during the work period. Be sure to include any meetings attended. Attach agendas from meetings, if appropriate. Firs! Quarter Report: Second Quarter Re.oort: Third Quarter Report: Fourth Quarter Report: Final Report: 15 A(:~,N~A ITEM MAR 2 7 2001 .~. Io° Attachment C Copyright, Patent and Trademark (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing r~atent or copyright unless the Agreement provides otherwise. ' (b) If any discover), or invention arises or is developed in the com'se of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connect/on with the performance under this Agreement are hereby reserved to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of'this Agreement which he or she 'knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. AOE. NDA ITEM HAR 2 7 2001 Attachment D Property Management and Procurement If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency managernentpurposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards tc prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. In the event of a disaster, the Recipient shall make available all appropriate equipment purchased through this funding for use in said emergency. 17 AGE~DA ITEM No. ,,/~, ?'/ .. lIAR 2 7 2001 Attachment E Publications and Publicity Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the ~t,te of Flcfida, Department of Community Affairs. Division of Emergency Management." If the project is referenced in written material, the words "State of Florida, Department of Community Affairs, Division of Emergency Management" shall appear in the same size letters or type as the name of the Recipient. 18 AGENDA ITEM No. MAR 2 7 2001 pg. 21 TO: Date Prepared: FROM: Work Completed: Invoice Number: INVOICE FOR SERVICES Contract Number: 01 -EO-01-09-21-01-013 Florida Department of Community Affairs Division of Emergency Management Mr. Ken Pineau Collier County (paraphrase the information provided on the Quarterly Report - Attachment B) Total Contract Award Amount of this Invoice Amount remaining on Contract $ $ $ Original Signature i:Ei D Number Date **~ B E '-'e Rc :eivt. t'.ec, ived: · ','it ~:ed: COMPLETED BY Date 19 DEPARTMENT** AGENDA iTEM N~. /_~ ~'~? ,, MAR 2 7 2001 p~ 2 2- EXECUTIVE SUMMARY Approval of the amended Collective Bargaining Agreement between the Board of County Commissioners and the International Association of Fire Fighters, Local 3670 OBJECTIVE: To obtain Board approval of the amended collective bargaining agreement between the County and the Union representing the Ochopee Fire Department Fire Fighters and Fire Lieutenants, Local 3670 CONSIDERATION: Pursuant to Article 39, Section 39.2, the Collective Bargaining Agreement will reopen annually. There were no changes presented by the Union or by Collier County other than the mandatory Wage re-opener: Salary schedule adjustments, and merit pay (pay for performance), consistent with Pay Plan maintenance that was applied to other affected positions FISCAL IMPACT: Funds have been appropriated in the Ochopee Fire Control and Rescue District budget to fund this contract: Fund 146, Cost Center 144380. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board approve the proposed changes in the collective bargaining agreement with the International Association of Fire Fighters, Local SUBMITTED BY: REVIEWED BY: APPROVED BY: Em"~loyee Relations Supervisor Ger~rge P. Bradley , Human Resources Director Joanne Varcoe-Leamer Support Services Ad~ninistrator DATE: gl~,"'} ~ "~ f DATE: DATE: ::,/ n. ,' <. , AGENDA ITEM No, MAR 2 't 0o! EXECUTIVE SUMMARY AGREEMENT APPROVAL AND ADOPTION OF RESOLUTION AUTHORIZING THE ACCEPTANCE OF SAID AGREEMENT BETWEEN THE STATE Ot: FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY FOR FUNDS TO BE USED FOR SHELTER ENHANCEMENT AT GULF COAST HIGH SCHOOL OBJECTIVE: To gain Board of County Commissioners acceptance and approval of Agreement # 01HM-6L-09-21 - 15-007 between the State of Florida, Department of Community Affairs and Collier County for funds to enhance a storm shelter, and to adopt a Resolution authorizing the execution and acceptance of said Agreement. CONSIDERATION: The Federal Emergency Management Agency (FEMA), through the Department of Community Affairs, has made funds available to retrofit existing shelters in order to reduce the state-wide shelter deficit. On September 12, 2000, the Board of County Commissioners directed staff to submit two grant applications for shelter retrofit work at Barron Collier and Gulf Coast High Schools. The Department of Community Affairs has awarded Collier County funds in the amount of $ 9,945.00 for work at Gulf Coast High School. Funds will be used to install wind protection for thru entry ways and two courtyard entrances to the gymnasium. These funds are provided on a reimbursable basis. The period of this Agreement is for 24 months from the date ora fully executed contract. However, we estimate a completion date prior to the start of the 2001 hurricane season. If the Agreement is approved, the Emergency Management Department will serve as the project manager to insure that all work is completed prior to contract termination. FISCAL IMPACT: Increase of $ 9,945.00 in Fund 118- Emergency Management Grant Fund. GROWTH MANAGEMENT IMPACT: Policy 12.1.3, Conservation and Coastal Management Element requires that the County continues to identify shelter space that · complies with the American Red Cross standards. RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement # 01HM-6L-09-21-15-007 for the installation of hurricane shelter enhancements at Gulf Coast High School, adopt the Resolution authorizing the execution 'AOEN' I'T ....... MAR 2 7 2001 and acceptance of said Agreement, and approve the necessary Budget Amendment that increases the Emergency Management Grant Fund by $ 9,945.00 SUBMITTED B~au'' Date: ~/~ ~' Kenneth F. Pineau, Emergency Management Director Thomas Storrar, Emergency Services Administrator HAR 2 ? 2001 RESOLUTION NO. 01 - RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY WHEREAS, the Federal Emergency Management Agency through its Hazard Mitigation Grant Program has made funds available to the Florida Department of Community Affairs for further dispersal to local jurisdictions to enhance local sheltering programs; and WHEREAS, the Florida Depamnent of Co~nmunity Affairs, by means of the attached Agreement # 01-HM-6L-09-21-15-007, is agreeing to provide, by means of reimbursement for costs incnrred by the County for the installation of hurricane protection devices at Gulf Coast High School, the sum of $ 9,945.00 WHEREAS, the Board of County Commissioners of Collier County agree that the performance of the subject Agreement is in the best interest of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approve Agreement # 01-HM-6L-09-21-15-007 between the State of Florida Department of Community Affairs and Collier County as presented to the Board for review, and hereby authorized the Board's chairman to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second and majority vote' in favor of adoption this __ day of March, 2001. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman ATTEST: Dwight E. Brock By: (Deputy Clerk) Approved as to form and Legal Sufficiency: David Weigel r, <,~,5 County Attorney A~UDA ~T.T..~ M_ 'No.. /0/'-' ~ HAR 2 ? 2001 Contract Number:01HM-6L-09-21-15-007 CFDA Number: 83.548 AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, Hurricane Irene produced disastrous weather conditions which had a devastating impact upon the State of Florida; and B. WHEREAS, the severity of the damage loss resulted in the declaration of an emergency by the Governor; and C. WHEREAS, The President of the United States has concurred and has declared a major disaster designated FEMA-DR-1306-FL; and D. WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the Presidential Declaration, has made available federal funds for hazard mitigation grants; and E. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and F. x,'~ri-IEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and G. WHEREAS, the Departmen.'~ has authority pursuant to Sections 252.35, 252.36, 252.37, 252.38 and 163.03, Florida Statutes (Fla. Stat.) and other pertinent Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, .Attachment A of this Agreement. Within thirty (30) days of execution of this Agreement, Recipient shall submit to the Department, for its approval, a detailed Scope of Work and a detailed line item Budget which shall govern the performance of the Recipient hereunder, and which shall be incorporated, by reference in this Agreement through a modification signed by both parties. The Scope of Work must include specific interim due dates for each task or activity which is necessary to accomplish the project for which this grant is awarded. Failure to complete any task or activity by the ue date set HAR 2 7 20Of (2) (3) (4) (5) forth in the Scope of Work will be an Event of Default under Paragraph 9 herein. The ApPlication of the Recipient for this grant, as approved by the Department, is hereby incorporated by reference, and the terms of that approved Application are binding upon the Recipient. INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months from the date of execution, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. MODIFICATION OF CONTRACT; REPAYMENTS. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the scope of work do NOT require a written modification to this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 RECORD KEEPING. (a) (b) Recipient's performance under this Agreement shall be subject to 44 CFR Part 13 ' "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" and OMB Circular No. A-87. In the event that more than one projec: is funded under this Agreement, the funds received by the Recipient for each project may not be commingled, and the funds obligated or expended for each project must be accounted for separately, with separate record keeping for each project. AGENDA ITEM No. 2 ? 2001 5' Pg.., , - (c) (6) (d) (e) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, ,&hichever is later. However, if any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. Ail records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A to this Agreement, and all applicable legal requirements. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. REPORTS. (a) (b) The Recipient shall provide quarterly progress reports to the Department, using the attached Quarterly Report Form, Attachment F. The first report is due on the' first day of the federal quarter, after the date of execution of this Agreement and quarterly thereafter until the work has been completed and approved through final inspection. Thereafter, reports shall be due on January 1, April 1, July 1,'and. October 1. Reports shall indicate the status and completion date for each project funded, any problems or circumstances affecting completion dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the terms of the grant award. Interim inspections shall be scheduled by the Recipient prior to the final inspection and may be requested by the Department based on information supplied in the quarterly reports. The Department may require additional reports as needed. The Recipient shall, as soon as possible, provide any additional reports requested by the Department. The Department contact will be the state hazard mitigation officer for ali reports and ~quests for reimbursement. Recipient shall provide the Department with a close-out report on forms provided' by the Department. The close-out report is due no later than siXty (60) days after termination of this Agreement or upon completion of the activities contained in this Agreement. 3 WAR 2 7 2001 (7) (8) (c) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may w..thhold further payments until they-are completed or may take such other action ~,s set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (d) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, Recipient is complying with all terms and conditions of this Agreement, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement and each term and condition established herein. LIABILITY. (a) (b) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortuous acts and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of ' AC-,ENbA ITEM' No. HAR 2 ? 2001 pg. (b) Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise ariy of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; or If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Dei~artment from pursuing any other remedies contained herein or otherwise provided at law or in equity: Terminate this Agreement, provided that the Recipient is given at least thi~, (30) days prior written notice of such termination. The notice shall be effective when placed in the United States Mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth in paragraph (10) herein; ktAR 2 7 2001 (c) .(d) (e) (f) '(g) Commence an appropriate legal or equitable action to enforce performance of this Agreement; Withhold or suspend payment of all or any part of a request for payment; Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recip!ent to suspend, discontinue or refrain from incurring costs for any activities in question or requiting the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; or Exercise any other rights or remedies which may be otherwise available under law. The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. Suspension or termination constitutes final agency action under Chapter 120, -Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing tights and time fi.ames. The Recipient shall return funds to the Department if found in noncompliance with laws, rules, regulations governing the use of the funds or this Agreement. This Agreement may be terminated by the written mutual consent of the parties. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of the Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. In the event that the Federal Emergency Management Agency (FEMA) de-obligates funds previously authorized under this Agreement, or under any other FEMA funded agreement administered by the Division of Emergency Management within the Department, then the Recipient shall immediately repay said funds to the Department. If AGENDA ITEM No. I AR 2 7 2001 (10) Recipient fails to repay said funds, then Recipient authorizes the Department to recoup or set off said funds from funding otherwise available under this Agreement or under any other grant agredment with Recipient administered by the Department. NOTICE AND CONTACT. (a) All Notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. "Notices" shall mean communications regarding the addition of funding or projects, and the implementation of any action under Paragraph (9) of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 922-5944 Fax: (850) 922-I259 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James von Rinteln, Coordinator Emergency Management Collier Count,:' 3301 Tamiami Trail Naples, Florida 34112 Telephone: (941) 774-8444 Fax: (941) 775-5008 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Paragraph (10)(a) above. (1 I) OTHER PROVISIONS. (a) The validity, of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in its Application, this Agreement, in any subsequent submission or response to AOF--NI~A ITEbl ' gAR 2 7 2001 /0 (b) (c) (d) (e) Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of adcuracy thereof or a ry material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate an), other provision of this Agreement. No waiver by the Department of any fight or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same fight or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. A person or affiliate who has been placed on the convicted vendor list followLng a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entits', may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property, to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. With respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; AGENDA No. //z;, ~ I AR 2 7 2001 /I (12) Have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fi>aud or a criminal offense in connection with obtaining, attempting to obt~,in, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embe:r?]ement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this agreement. AUDIT REQUIREMENTS. (a) .(b) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review~ Or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) l~n the event that the Recipient expends $300,000 or more in Federal awards in its - fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds received from the Department. The determination of amounts of Federal awards ^GENO.~ IT_.E~ No. /~, ,,,~'~' ~ MAR 2 7 2001 expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provision§ OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from other than Federal entities). The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient direct, ly to each of the following: (a) The Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and MAR 2 7. 200I (e) (f) State of Florida Auditor General Atto: Ted J. Sauerbeck Room 574, Claude Pepper Buildin[ 111 West Madison Street Tallahassee, Florida 32302-1450 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East l0th Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at the following program address: Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent i-n accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. AGENDA IT_~EM i1 No. /~ /- HAR 2 7. 2001 1¥ (13) (14) (15) (g) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. (i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. (b) The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed by law. (c) If the Recipient subcontracts, a copy of the executed subcontract must be forwarded to the Department within five (5) days of execution. · (d) Contractual arrangements shall in no way relieve the Recipient of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMi~NTS. (a) -All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. · · AGENDA ITENI No. /g~, ,,r-:-:'2, 2 ? 2001 (c) This Agreement has the following attachments: (16) (]7) Attachment A Exhibit(s) Attachment B Attachment C Attachment D Attachment E Attachment F Budget and' Scope of Work CATEX Program Statutes and Regulations Lobbying Prohibition/Certification Statement of Assurances Request for Advance or Reimbursement Quarterly Report Form FUNDING/CONSIDERATION. (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed quarterly for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the amounts listed in Attachment A (Budget and Scope of Work), subject to the availability of funds. (b) (c) Any advance payment under this Agreement is subject to Section 216.181 (15), Fla. Stat. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federally funded contract, any advance payment is also subject to 44 CFR Part 13, Federal OMB Circular A-87 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted to the Department contract manager using Attachment E. Recipient shall specif3~ the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. All funds shall be deposited in an interest bearing account. Any interest earned must be promptly, but at least quarterly, remitted to the Department. All funds shall be requested on forms provided by the Department for that purpose which accompany this Agreement. STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216 and Section 252.37, Fla. Stat. or the Florida Constitution. Co) If otherwise allowed under th;.s Agreement, extension o'f an Agreement for contractual services shall be in writing for a period not to exceed six (6) months 3_ 3 A~F..I~bA IIEM No. /~/, ~ :~ MAR 2 7 2001 Po. (18) (19) and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreefiaent for completion of the Agreement is due to events beyond the control of the Recipient. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who 'knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirec, tly to influence legislation or any other official action by the Florida Legislature or any state agency. Refer to Attachment C for additional terms and provisions relating to lobbying. LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this A~eement with all covenants and assurances contained herein. The Recipient AGENDA IT_T_E M No. MAR 2 7 2001 Po. (20) (21) (22) also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment D. SPECIAL CONDITIONS. Failure of the Recipient to comply with the program statutes and regulations in Attachments B and D of this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement. FUNDING and INSURANCE. The Department shall provide Hazard Mitigation Grant Program (HMGP) funds as described in Attachment A (Budget and Scope of Work) for eligible and allowable costs incurred in performing the project(s) identified in Attachment A. Eligible and allowable costs shall be determined in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 44 Code of Federal Regulations (CFR) Part 206, 44 CFR Part 13, and other applicable HMGP guidance. Administrative costs shall be compensated in accordance with 44 CFR 206.439(b)(1)(ii). The Department may make an award of additional funds, and authorize funding for additional HMGP projects approved by FEMA, by subsequent modification delivered t° the Recipient's Representative identified in paragraph 10. Should Recipient determin6 it does not wish to proceed based upon the award of additional funds and additional projects, then Recipient shall provide notice to the Department contact within thirty (30) days of receipt of the modification. Otherwise, Recipient shall provide its notice of acceptance and intent to proceed within forty-five (45) days of receipt of the modification. The terms of this Agreement shall be considered to have been modified to include the additional funds and project(s) upon receipt of the notice of acceptance and intent to proceed. .The Recipient shall utilize the attached form entitled "Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds," Attachment E, to obtain funds under this Agreement. This form is hereby incorporated inl[o this Agreement by reference. The final payment of funds will be made only after project completion, submission of all required documentation, final inspection, and a request for final reimbursement. Recipient agrees to promptly commence and to expeditiously complete the scope of work identified herein. All work shall be completed within two vears of the execution of this Agreement, or prior to such deadline as established by the 3.5 (23) Federal Emergency Management Agency or the Scope of Work as approved by the Department, whichever is sooner. Recipient agrees, as a condition of receipt of funding pursuant to this Agreement, to obtain reasonably available, adequate, and necessary insurance for the type or types of hazard for which the major disaster was declared, accordance with the requirements of 44 CFR 206, Subpart I. Recipient agrees to obtain and maintain comprehensive liability and workers compensation insurance, as well as pertinent performance arid bids bonds, for the construction period of the project. DUPLICATION OF BENEFITS PROHIBITION. In accordance with the provisions of Section 312 of the Stafford Act, duplication of benefits is prohibited. The Recipient shall noti~ the Department, as soon as practicable, of the existence of any insurance coverage for the costs identified in the application, and of any entitlement to or recovery of funds from any other source for the project costs, including Small Business Administration funding, Minimum Home Repair funds, and other Federal, State and private funding. Allowable costs shall be reduced by the amount of duplicate sources available. The Recipient shall be liable to the Department to the extent that the Recipient or ultimate beneficiary receives duplicate benefits from any other source for the same purposes for which the Recipient or ultimate beneficiary has received payment from the Department. The Recipient shall immediately remit to the Department any duplication of benefits payment received by the Recipient. In the event the Department determines a duplication of benefits has occurred, Recipient hereby authorizes the Department or the Comptroller of the State of Florida to take offset action against any other available funding due the Recipient. The Comptroller is authorized to pay such offset to the Department upon written notice from the Department. In addition, Recipient shall ensure, as a condition of funding under this Agreement, that all required Privacy Act releases and Duplication of Benefit paperwork is completed. 2 7 2001 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: Date: James D. Carter, Ph.D., Chairman Board of County Commissioners BY: Joseph F. Myers, Director Division of Emergency Management FEID# 59- 6000558 Federal Employer ID Number ATTEST: Dwight E. Brock, Clerk BY: (Deputy Clerk) Approved as to Form and Legal Sufficiency ~,.~avid Weigei County AttOrney NAR 2 7 2001 p;. Attachment A Budget and Sco: .e of Work The Recipient shall fully perform the approved hazard mitigation project, as described in Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environrnental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and Sanitation, and in conformity with applicable codes, specifications and standards. Recipient will-provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure thaf, as a condition of funding under this Agreement, the owner of the affected real property establishes the following deed covenants and restrictions, which shall run with and apply to any property, acquired, accepted, or from which a structure will be removed pursuant to the project: (a) the property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (b) no new structure will be erected on property other than: (i) a public facility, that is open on all sides and functionally related to a designated open space; I AR 2 ? 2001 71 (c) (d) (ii) a restroom; or (iii) a structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; after the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and if any of these covenants and restrictions is violated by the owner or by some third par/y with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. t4AR 2 7 2001 .... 22 Attachment A Budget and Scope of Work I. The Sub~antee, Collier County, will retrofit the Gulf Coast High School to meet the American Red Cross Standards as follows: 1. The installation of a shutter system for three entryways and a front and two court yard entrances with Dade County Approved Product. The time frame for completing the project will be within twenty-four (24) months from the date of the fully executed contract. This is HMGP project 1300-0007 funded under FEMA project 1306-0003. Funding Summary: Federal Share: Total Project Cost: .$ 9,945.00 (100.00%) $ 9,945.00 Subgantee Administrative Allowance up to $87.41 AGE~0A ITE~ MAR 2 7.20~1 pg._.. 2 5 FEDERAL EMERGENCY MANAGEMENT AGENCY Region IV 3003 Chamblee-Tucker Road Atl~mta, Georgia 30341 April 15, 1997 SUBJECT: Group Categorical Exclusion for Repairs, Reconstruction, Restoration, Elevation.,~ Basement Floodproofing, Retrofitting and/or Upgrading of Structures 1306-DR-FL FEMA proposes to partially fund repairs, reconstruction, restoration, elevation, basement floodproofing, retrofitting and/or upgrading of structures, including homes, buildings, roads, bridges, culverts, and utility lines and facilities. These actions (projects) may qualify for FEMA assistance programs to reduce disaster-related losses and damages and threats to public health and safety. Actions that qualify for FEMA funding under disaster 1306-FL, fit within the exclusion categories defined in 44 CFR § 10.8 (d)(2)(xiv) through (xvi), and meet the additional criteria defined bel°w are categorical}y excluded from preparation of an Environmental Assessment Or an Environmental Impact Statement. 44 CFR § 10.8 (d)(2)(xiv): "Granting of community-wide exceptions for floodproofed residential basements meeting the requirements of 44 CFR § 60.6 (c) under the National Flood Insurance Program;" - 44 CFR § 10.8 (d)(2)(xv): - "Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current codes and standards, or replacement of any facility in a manner that substantially conforms to the preexisting design, function, and location;" 44 CFR § 10.8 (d)(2)(xvi): "Improvements to existing facilities and the construction of small scale hazard mitigation measures in existing developed areas with substantially completed infrastructure, when the immediate project area has already been disturbed, and when those actions do not alter basic functions, do not exceed the capacity of other system components, or modify intended land use; provided the operation of the completed project will not, of itself, have an adverse effect on the quality of the human environment. ' ..... DA ITEM AGEJq ~ No. , · E×I-IIBIT la I4AR 2 7 2001 Group CATEX #'s 14-16 1306-FL Page 2 of 3 April 15, 1997 For 1306-FL, the following criteria must also be met to qualify for this exclusion: 1. Documentation that no extraordinary circumstances, as defined in 44 CFR § 10.8 (d)(3), exist in relation to the action. 2. All required State and/or Federal wetlands, waterways, stormwater, water quality:and other letters or permits have been obtained or will be obtained before project work starts. 3. The action will not notably change the hydrology or hydraulics upstream or downstream from the Project siie. 4. No State- or Federally-listed threatened or endangered species are present or use the habitat ' in the project area. 5. The structure must remain substantially within the existing footprint and conform to standard industry practices for design and construction. ' 6. The work must remain within the previous horizontal and vertical limits of disturbance. 7. No known cultural resources are present and there is a low probabiiity of unknown cultural resources. 8. If the structure is listed or eligible to be listed on the National Register of Historic Places, the applicant must consult with the State Historic Preservation Officer before initiating work. Hazardous or toxic materials, if present, are at levels within the regulatory limits not triggering action by Federal, State or'local laws or_r.¢.._g~_lations. '(Household hazardous waste meeting the definition set forth at 40 CFR is to be handled in a manner which meets all the Federal, State-and local laws and regulations.) 10. The presence of any condition or any material on site, that is regulated, is to be managed, handled and disposed of in accordance with Federal, State and local laws and regulations (e.g., underground tanks, asbestos, septic tanks). For each action proposed under this Group Categorical Exclusion (CATEX), send either extracts of or (he ~ntire project file to the FEMA Region IV Regional Environmental Officer (REO). The materials that are sent should include the project location, nature and method of work, and certification (letters, permits, etc.) that each of the above criteria have been met. Upon review and approval, the REO will append this Group CATEX and the action will be deemed to have fulfilled the requirements of National Environmental Policy Act and may be funded if otherwise eligible. EXHIBIT lb NAR 2 7 2001 Group CATEX #'s 14-16 1306-FL Page 3 of 3 April 15, 1997 Group CAI'EX Approved: Regional Environmental Officer Date Brett Bowen Prepared By Date: 8123100 This Group Categorical Exclusion applies to HMGP #1306-0002; Florida DCA; Florida Hurricane Evacuation Shelter Retrofit Proiect (THIS CATEX IS ONLY VALID FOR STRUCTURF~ LESS THAN 49 YEARS OLD) i Nflham R G3~aw ' Onal Environmental Officer FILE RETURNED TO L.FRANK 8123100 EXHIBIT lc ~^R ~ 7 2ool I Attachment B Program Statutes and Ri~gulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) (2) (3) (4) (5) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25,206,220, and 221, and any other applicable FEMA policy memoranda and guidance documents; State of Florida Administrative Plan for the Hazard Mitigation Grant Program; Hazard Mitigation Long-term Recovery Guidance; and All applicable laws and regulations delineated in Attachment D of this Agreement AI~"I~ IT M NAR 2 1 2001 2 7 .... Attachment C Federal Lobbying Prohibitions The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief. (a) No Federal appropriated funds have been paid of will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer of employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into lhis transaction imposed by Section 1352, Title 31, U.S. Code: Any person who fails to file this required certification shall be subject to a civil penalty of not less than $10~000 and not more than $ 100,000 for each such failure. RECIPIENT BY: Signature James D. Carter, Ph.D., Chairman C-1 ' ' ' ^(~Nb" iTEM 'l No. /~ 2, Attachment D Statement of Assurhn'ces To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) (b) (c) (d) It possesses legal authority to enter into this agreement, and to e~efiute the proposed program; (e) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation grant agreement with the Department, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient ' contracts shall contain provisions for termination for cause or convenience and shall provide, for the method of payment in such event; It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a 13- ~. AGENOA ffE~ No. //,, ,~-~:~ t4AR 2 7 2001 (f) (g) work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national_ origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified · handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on.the basis of race, color, religion, sex or national origin in - all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for '[raining and apprenticeship; The Recipient agrees to comply with the Americans With Disabilities Act (pUblic aw 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; D-2 AGE~D,~, ITEM No. / ~'~ NAR 2 7 2001 p.,_ 30 (h) (i) O) (k) (1) (m) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particular' v those with whom they have family, business, or other ties pursuant to Section 112.313 ~:d Section 112.3135, FS; It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; It will comply with the provisions of 18 USC 594, 598,600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty., insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; It will, in connection with its performance of environmental assessments under the National Environmental Policy Act_of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. D-3 AGENDA ITEM WAR 2 7 2001 (3) (4) (5)' Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretar3' of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation' for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. AGENDA IT.EM. F4AR 2 7 2001 po., 3,2- If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into accour ~. the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified properts' that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to. the project scope of work necessary to implement recommendations to address the project and the proPerty. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shal'l not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended'(20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; D-5 No. /& ~.~ MAR 2 7 2001 (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; It will'comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency iff 'assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; D-6 NAR 2 7 2001 (cc) (dd) (ee) (fO (gg) (ii) It will comply with the environmental standards which may be prescribed Pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property' Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. Return the property to its natural state as though no improvements had ever been contained thereon. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings loc/ted in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: ao. Safety Hazards Present Health Hazards Present Hazardous Materials Present D-7 A~NDA ITEM__ No. WAR 2 7 2001 35 10. 11. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. Leave the demolished site clem,, level and free of debris. Notify the Department promptly of any unusual existing condition which hampers the contractors work. Obtain all required permits. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation-of closures. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. D-$ ' AOENI~A ITEM No. /~ ~'_~ MAR 2 7' 2001 Attachment E. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF EMERGENCY MANAGEMENT Request 'for Advance or Reimbursement of Hazard Mitigation Grant Program Funds SUBGRANTEE NAME: Collier County ADDRESS: CITY, STATE, ZIP CODE PAYMENT No: HMGP Tracking Number: 1300-0007 DECLARATION NO: FEMA- 1306-DR-FL DCA Agreement No: 01HM-6L-09-21-15-007 Eligible Amount Obligated Previous Current DCA Use Only 100% FEMA Payments Request 100% Approved Comments TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the' hbove accounts are correct, and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these mounts. SUBGRANTEE SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE N AGE~.A I..~ O. .//.~ /" ~ NAR 2 7 2001 37 , . FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant Collier County Disaster No. 1306 DCA Agreement No. 01HM-6L-09-21-15-007 HMGP Tracking # 1300-0007 Applicant's Reference NoDate of delivery of DOCUMENTATION Applicant's {Warrant, Voucher, Claimarticles, completion of List Documentation (Applicant's payroll, material out of applicant's stock. Eligible Co,ts Check, or Schedule No.) work or performance applicant owned equipment and name of vendor or contractor) by category, and line 100% services, item in the approved project application and give a brief description of the articles TOTAL E-2 MAR 2 7 2001 ,, SUBGRANTEE: Collier County PROJECT LOCATION: Retrofit DISASTER NUMBER: FEMA-DR-1306-FL Attachment F FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT FORM Project Number #: 1300-0007 DCA ID #: 01HM-6L-09-21-15-007 QUARTER ENDII~G: Percentage of Work Completed (may be confirmed by state inspectors): Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestoneS, scope of work, and cost: Cost Status: [ ] Cost Unchanged Additional Comments/Elaboration: [ ] Under Budget [ ] Over Budget NOTE: Department of Community Affairs (DCA) staffmay perform interim inspections and/or audits at any time. Events may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns; changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form APPROVAL OF BUDGET AMENDMENTS BCC Agenda of March 27, 2001 Lely Golf Estates Beautification (Fund 152) Budget Amendment #01-205 Operating Expenses Other Contractual Services $17,087 Reserves Reserve for Contingencies (10,800) Carryforward of unspent FY00 funds previously approved for this project (6,287) Total: -0- Explanation: Funds are needed to pay for costs of maintenance within the Lely Beautification Project. Wastewater lmpact Fees (Fund 413) Budget Amendment #01-213 Capital Improvements - General $11330 Reserves Reserves for Capital Outlay (11,330) Total: -0- Explanation: Funds are needed to pay for Change Order #4 to the Pine Ridge Road widening project for additional reclaimed water pipe constructions needed to resolve conflicts around existing water, sewer, and gas mains. Museum (Fund 198) Budget Amendment #01-226 Operating Expenses Postage, Freight, UPS $4,000 Reserves Reserve for Contingencies (4,000) Total: -0- Explanation: Funds are needed to pay for shipping charges for delivery of Sherman Tank. Gas Tax (Fund 313) Budget Amendment #01-229 Capital Improvements - General $17,651 Reserves Reserve for Contingencies (17,651) Total: -0- Explanation: Funds are needed for final change order to balance quantities and close out Airport Ro project. AGENDA ITEM ,d Bria~._ /6, IlAR 2 ? 2001 pg. FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 27, 2001 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) Collier County Mosquito Control District - Annual Financial Report for FYE 1999-2000 and Audit & Management Letter FYE 9/30/00 2) Cow Slough Water Control District - Annual Financial Report for FYE 1999- 2000 and Audit & Management Letter FYE 9/30/00 3) Heritage Greens Community Development District - Annual Financial Report for FYE 1999-2000 and Audit & Management Letter FYE 9/30/00, Minutes of October 9, 2000 meeting and Financial Statement - unaudited - August 31,2000 4) Naples Heritage Community Development District - Annual Financial Report for FYE 1999-2000, Audit & Management Letter FYE 9/30/00. Schedule of Regular Meetings FY 2000-2001 and Minutes of October 9. 2000 meeting 5) Mediterra South Community Development District - Minutes for the November 30, 2000 and January 24, 2001 meetings and Financial Statements Unaudited- 10/31/00 and 12/31/00 6) Cedar Hammock Community Development District - Minutes for the October 9, 2000 meeting, Financial Statements Unaudited - 7/31/00 and Schedule of Regular Meetings FY 2000-2001 7) Fiddler's Creek Community Development District- Minutes for the October 25, November 7 and December 6, 2000 meetings and Financial Statements Unaudited - 10-31-00 and December 31,2000, Minutes for January 24. 2001 meeting 8) Big Cypress Basin Board of the South Florida Water Management District - Agenda of February 28, 2001 meeting 9) North Naples Fire Control & Rescue District - Schedule of Regular Meetings, Registered Agent and Registered Office. District Map and FaciliD' Record B. Minutes: 1) H:Data/Format Collier County Metropolitan Planning Organization - Agenda for January 26, 2001 ...... ,~,~..NDA ITEM I uo. f r__a.T ! MAR 2 7 2001 / 2) Select Committee on Community Character and Design - Notice of January 30 & 31,2001 meetings 3) Hispanic Affairs Advisor~ Board - Agenda for February 22, 2001 meeting 4) Rural Fringe Assessment Area Oversight Committee - Notice of January 31 and February 14, 2001 meeting, and Agenda for January 31 and February 14, 2001 meetings and Minutes of January 17, 2001 meeting 5) Collier County Airport Authority - Agenda for February 12, 2001 meeting and Minutes of December 11,2000 meeting 6) 7) Isle of Capri Fire/Rescue Advisory Board - Agenda for February 1, 2001 meeting Pelican Bay MSTBU Advisory Committee - Agenda for February 7, 2001. Minutes of January 3, 2001 meeting 8) Rural Lands Assessment Area Oversight committee - Agenda for February 26, 2001 meeting and Notice of February 26, 2001 meeting and Minutes of January' 22, 2001 meeting 9) Emergency Medical Services Advisory Council - Agenda for February' 28, 2001 meeting and Minutes of January 31,2001 meeting 10) Collier County Metropolitan Planning Organization - Notice of February 23, 2001 meeting Other: 1) Collier County Fire Control & Rescue Districts - Summary of Plan Review Activity for December 2000 and the Average number of Days in Fire Plan Review. H :Data/Fo. rmat MAR 2 7 2001 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUN~I / COMMISSIONERS APPROVE PAYMENT OF MEDICAL COSTS ASSOCIATED WITH KEVIN SAUNDERS FROM GENERAL FUND RESERVES. OBJECTIVE: To request Board approval for payment of medical costs associated with Kevin Saunders. CONSIDERATION: On June 30, 2000, Kevin Saunders was injured during arrest by Naples Police Department. Mr. Saunders was transported to Naples Community Hospital for medical treatment. Charges totaling $164,099.81 were incurred (see attached schedule for specific provider information). Florida Statute {}901.35 requires payment from the General Fund of the County. Pursuant to discussions among the County Manager's Office, the County Attorney's Office, the Clerk of Courts and the Sheriff's Office, the Sheriff's Office will facilitate claims payment and negotiate applicable provider discounts as available. FISCAL IMPACT: A budget amendment is needed to transfer $164,100.00 from General Fund Reserves of the County to the Sheriff's Office Corrections fund for payment of these expenses. GROWTH IMPACT: None RECOMMENDATION: That the .Board of County Commissioners approve payment of medical bills and the associated budget amendment to provide for payment. DATE: March 14, 2001 AGENDA ITEM No. ~Y', { ~I,~R ~ ~ ~001 Pg._._2-.. - UJ LU _J EXECUTIVE SUMMARY APPROVE THE SETTLEMENT AGREEMENT PROVIDING PAYMENT BY THE DEFENDANTS TO COLLIER COUNTY IN A SPECIAL ASSESSMENT LIEN FORECLOSURE ACTION ENTITLED COLLIER COUNTY v. CHRISTIN,4 D,4 VENPORT, et al., Case No. 96-2319-C/1. OBJECTIVE: That the Board of County Commissioners approve the Settlement Agreement which prOvides for the payment of a special assessment, plus interest, by the Defendant property owners in a' special assessment lien foreclosure action entitled Collier County v. Christina Davenport, et al., Case No. 96-2319-CA. CONSIDERATIONS: The special assessments were imposed pursuant to Resolution No. 83-54, which created the Auto Ranch Road Paving Assessment District and assessed all abutting properties along Auto Ranch Road for paving improvements constructed by the County. Special assessments were imposed in 1983 against all abutting properties which were specially benefited by the paving improvements performed by the County. The principal amount of the assessments imposed against those properties owned by the Addisons and Elmer Jeffers was $4,167.23. Pursuant to the Resolution these assessments were to bear interest at an annual rate of eight percent (8%) over a seven year period. The Defendants, Addison, failed to make any annual payments toward the special assessment. Defendant Jeffers made one payment in the amount of $129.68 in October of 1983, but failed to make any additional payments toward the special assessment. Consequently the Defendants defaulted on these obligations in 1984. The County was entitled to declare the remaining balance on each special assessment as due and payable as of the time of default. The County, however, did not file suit to foreclose until 1996. On June 19, 1996, Collier County filed'a Complaint seeking to foreclose certain special assessment liens imposed against property owned by Defendants, Elmer E. Jeffers and Bruce and Emma Addison. The Defendant property owners answered the Compla!nt on June 27, 1997, raising a number of equitable defenses against the foreclosure. The parties have agreed to various terms set forth in the Settlement Agreement attached hereto as "Exhibit A", which include payment by Elmer Jeffers of the sum of Five Thousand Dollars ($5,000.00) and by Bruce and Emma Addison for the sum of Five Thousand Two Hundred Dollars ($5,200.00) to the County. Pursuant to the terms of the Settlement Agreement, these payments are to be made within thirty (30) days of the Board's approval of said Agreement. Upon receipt of payment, 'the County will file a Notice of Voluntary Dismissal With Prejudice as to the foreclosure action. The payoff for the special assessment on the Addison property as of December, 2000, was $10,022.16, which amounts to interest in the total sum of $5,854.93. The payoff for the special assessment on the Jeffers property as of December, 2000, is $9,892.48, which amounts to interest in the total sum of $5,675.25. The settlement amounts, therefore, reflect a compromise in the interest AGENpA JTEM. MAR 2 7 2001 which accrued on the principal assessment over the past 17 years in the approximate mount of $4,800 per property owner. Notwithstanding the compromise of interest described above, it is staff's recommendation that the Board approve the proposed Settlement Agreement attached hereto. In making this recommendation, staffhas considered the risks associated with the continuation of litigation and its ultimate culmination in trial. As part of this analysis, staff has considered the costs to be incurred by the County through continued litigation, potential recovery (which includes the amount of recovery and the potential outcomes upon forced sale) and the relative strengths and weaknesses of each party's claims and prospects of success at trial. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Payment to the County in the amount of $10,200, to be deposited in the appropriate account. RECOMMENDATION: That the Board of County Commissioners: Approve the terms set forth in the Settlement Agreement, which would provide for the waiver of a portion of accrued interest by the County; and 2. Authorize its Chairman to execute the original Settlement Agreement; and Direct staff to prepare and file a Notice of Voluntary Dismissal with Prejudice upon receipt by the County of the sums set forth in the Settlement Agreement. SUBMITTED BY: REVIEWED BY: APPROVED BY: Ellen T. Chadwell Assistant County Attomey Jolm A. Yonkosky, Director ../ Utility Billing and Customer S~rvice David C. Weige~ - ,~) County Attorney Date: Date: Date: H:Ellen/Executive Sunmaary-Davenport 2 AGENDA ITEM NO. ~_~ MAR 2 7 2001 Pg._ ,-~ SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into and made on this ~ day of February, 2001, by and between Collier County (the "County") and Elmer E. Jeffers, Bruce C. Addison, and Emma Addison ("Property Owners"), with respect to Circuit Court Case No. 96- 2319-CA-01-TB, originally filed in the Circuit Court of Collier County. WITNESSETH: WHEREAS, the County filed an action against the Property Owners in the Circuit Court of Collier County, Case No. 96-2319-CA-01-TB to foreclose a road paving special assessment lien imposed against the property owned by the Property Owners and more particularly described in Exhibit "B" to the Complaint; and WHEREAS, the special assessment was imposed pursuant to Resolution No. 83-54 against real property within the Auto Ranch Road Paving Assessment District which property was specially benefited by the paving improvements to Auto Ranch Road; and WHEREAS, the special assessment was imposed in 1983 and provided for the payment of said assessment in seven (7) annual installments at an annual interest rate of 8% until paid; and WHEREAS, the principal amount for the special assessment for each of the Property Owners' was $4,167.23; and WHEREAS, the County and the Property Owners recogrdze the cost and .risk involved in continued litigation of this matter; and iAGEND~ NO. MAR 2 7 2001 Pg. ~ WHEREAS, the County and the Property Owners desire to comprOmise those claims set forth in the Complaint and all defenses filed in this lawsuit and to settle this lawsuit for all time; and WHEREAS, the County and the Property Owners desire to reduce their settlement to writing and to be bound by the terms of this Agreement; and WHEREAS, the Property Owners have been represented by John W. Emerson, Esq. since the initiation of this lawsuit. NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by the parties, and with the intent to be legally bound hereby, the County and the Property Owners mutually agree as follows: 1. The parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. Elmer E. Jeffers shall pay the sum of FIVE THOUSAND DOLLARS AND 00/100 ($5,000.00) to the County within thirty (30) days of the execution of this Agreement by the Board of County Commissioners. 3. Bruce and Emma Addison shall pay the mount of FIVE THOUSAND TWO HUNDRED DOLLARS AND 00/100 ($5,200.00) to the County within thirty (30) days of the execution of this Agreement by the Board of County Commissioners. 4. The County will file a Notice of Voluntary Dismissal With Prejudice as to each party upon receipt of payment from that party as set forth in Paragraphs 2 and 3 above. The parties agree that the failure of one of the Property Owners to pay shall not affect the County's dismissal of this suit as to any other parties who have paid in full. 2 AGENDA ITEM NO. ~,7_~.'~ MAR 2 7 2001 5. The Property Owners represent and warrant to the County that they own the property more particularly described in Exhibit "B" to the Complaint as of the time of the execution of this Settlement Agreement. 6. This Agreement has been entered into fi'eely and voluntarily by the Property Owners after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from their counsel, John W. Emerson. In executing this Agreement, the Property Owners do not rely on any inducements, promises, representations, other than those expressed in this Agreement. '' ' 7. The Property Owners expressly acknowledge and agree that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted and approved by the Board of County Commissioners. 8. The Parties hereto agree that this Agreement supercedes and replaces all prior agreements and understanding and that it constitutes the entire agreement between the Property Owners and the County and that there exists no other agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. 9. This Agreement may b~ executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 10. In the event that any of the parties shall fail to make payment pursuant .to the terms of this Agreement, said failure shall constitute a full and complete breach of this Agreement and the parties agree that upon said breach, the County may proceed with its foreclosure action against the breaching party. 11. This Agreement may be amended only~ by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agr~ emCttPt~. NlrA IIEM 3 MAR 2 ? 2001 12. This Agreement shall be governed by the laws of the State of Florida. 13. The Property Owners and the County agree that each of them shall bear their own attomey's fees and costs incurred in the preparation, prosecution or defense of this lawsuit. IN WITNESS WHEREOF, the Property Owners and the County have executed this Agreement which consists of five pages, on the day and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: - James D. Carter, Ph.D., Chairman Elmer E. Jeffers, Prope~w~ ~/ 4 taAR 2 7 2001 W1TNES SES: Signature Pnnte~yped Name ~inte~d Address ~nte~yped Name Pfinte~yped Address WITNESSES: ,; Signature .'. ~nte~yped Name Bruce C. Addison, Proper[), Owner Emma Addison, Property C~wner PriL~'~d Addrcss Pnnted/Typed Name Approved as to form and legal sufficiency: , ~llen T Chadwell ~Assista~t ~ount3 Attorney ,, h: LitkEnzDomLDavenportLSet tie Agree 5 NO. ~AR 2 7 Pg. ~ EXECUTIVE SUMMARY AMENDING ORDINANCE NO. 2001-03, THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE; BY AMENDING S~:~.CTION THREE, APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES. Obiective: To amend Section Three of Collier County Ordinance No. 2001-03, the Collier County Coastal Advisory Committee. Considerations: The Collier County Coastal Advisory Committee, whose membership is composed of nine (9) members (three (3) from Collier County, three (3) from the City of Naples, and three (3) from the City of Marco Island) was established on February 13, 2001, by the adoption of Collier County Ordinance No. 2001-03. On February 27, 2001, the City of Naples proposed changes to Section Three of Ordinance No. 2001-03. On February 27, 2001, the Board of County Commissioners considered and approved the requested changes. The accompanying ordinance reflects the approved changes to Collier County Ordinance No. 2001-03. Fiscal Impact: There are no fiscal impacts directly related to this amendment. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners adopt the attached Ordinance that amends Section Three of Collier County Ordinance No. 2001-03. SUBMITTED BY:' ~~.~ /~~~~~ ~"~miro Mafialicli Chief Assistant County Attorney REVIEWED AND APPROVED BY: I~vid C. Wei~el County Attorney. 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 ORDINANCE NO. 2001- ~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-03, THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE; AMENDING SECTION THREE, APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 13, 2001, Collier County adopted Ordinance No. 2001-03 16 creating the Collier County Coastal Advisory Committee; and 17 WHEREAS, the City of Naples ha_s requested a revision to the language in Section 18 Three, which has been approved by the Board of County Commissioners. 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 21 22 23 24 25 SECTION ONE: Amendment to Section Three of Collier County Ordinance No. 2001-03. Section Three of Collier County Ordinance No 2001-03 is hereby amended to read as follows: 26 27 28 29 SECTION THREE: Appointment and Composition~ Terms of Office; Attendance And Filling Vacancies. The Committee shall be composed of nine (9) members whose representation 30 shall consist of three (3) members from the unincorporated area of COllier County, 31 three (3) members from the City of Naples and three (3) members from the City of 32 Marco Island. Candidates for the Committee shall be sough.t in accordance with the 33 provisions of Collier County Ordinance 86-41, as amended, or by its successor 34 ordinance, except that the appointments of members from the City of Naples and the 35 36 City of Marco Island shall be appointed from a list containing one or more qua.lifted applicants submitted by the respective ~;overning bodies of those Cities. 37 the governh~,-bodies of~he-C4ty of-Naples aad-the-C-ity of Marco Island may 38 endorse aad-~subraiHhemames-of4mtividuals-with~,esumes4or-eonsideration- ,Upon 39 confirmation that said individuals meet the technical requirements and the general 40 41 advisory board requirements specified below, the Board of County Comm shall appoint said individuals to this Committee I Words Underlined arc added; Words 8tmck Through are deleled MAR 2 7 2001 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 The initial terms of office of the Committee shall be as follows: Three (3) members shall be for a term of two (2) years; Three (3) members shall be for a term of three (3) years; Three (3) members shall be for a term of four (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Terms shall be staggered between the City of Naples, the City of Marco Island and Collier County. Membership of this Committee shall be assembled based upon familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant involvement in community affairs; undertake and complete assignments. education and experience; leadership and and willingness to attend meetings and to Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. However prior to removing a City member, except for cause the Board of County Commissioners shall noti _fy the governing body of the affected City. Members shall meet the qualifications for membership and requirements as outlined in Section Five of Ordinance No. 86-41, as amended, or by its successor ordinance. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. Appointments to fill any vficancies on the Committee shall be for the remainder of the unexpired term of office. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 2 Words Und erlin ed are added;. Words glmek-~howgh are deleted 2 7 2001 I SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. 2 The provisions of this Ordinance shall become and be made a part of the Code of 3 Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be 4 renumbered or relettered to accomplish such, and the word "ordinance" may be changed 5 to "section," "article," or any other appropriate word. 6 SECTION NINE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of 8 State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of 10 Collier County, Florida this __ day of March, 2001. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Chief Assistant County Attorney 3 Words Underlined are added; Words $4r, mk T!am~gh arc deleted AO_.~.NDA ITJEM NO. ~ "~ /'-r MAR 2 ? 2001 NOV. 13. 2000 I:03AM CHEFFY AND PASSIDOMO NO. 2681 P. 3/3 IN WTTNESS WHEREOF, the Grantor has he.unto set his or her hand and seal t~¢ day and year first &bove written. Signed, sealed and delive~J (P.rintcd name of Witncss) ITNES 2 (Printcd name of Wimess) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged bcfore me tiffs ? )P' day of luly, 2000 by Patricia Stevens as president of NAZDAR~ II, lC., · Florida corporation, who is.~'~onally known to me or who h~s produced ~s identification. My Commission Expires: ~~, ~ NOLARY PUBLIC (S£~L) .N~lLib1:427e92.1 07/2~/00 Warranty Deed Page 2 of 2 AGENDA ITEM NO. MAR 2 7 2001 DAVID PLUMMER & ASSOCIATES TilANSPOiJTATION · CNN. ,J STRUC]'L,IILA4. "' E~NTAJ. OCT 1 3 2000 1531 HENDRY STREET FORT MYERS, FL 33901 941 332-2617 FAX: 941 332-2645 E-mail: dpafm~pegane.net October 11, 2000 Mr. Charles Thomas .amman Development Corporation 365 5* Avenue S., Suite 201 Naples, FL 34102 RE: Sandpiper Property, 1100596 Dear Charlie, We have concluded our trip generation comparison for the above-referenced Project. The trip generation was estimated for the approved Project and compared to the trip generation associated with the proposed Project. The proposed Project is forecasted to generate significantly fewer peak hour and daily trips than the approved Project. The results of our trip generation comparison are presented in the following. The development parameters associated with the approved Project and the proposed Project are summarized in Exhibit 1. The multifamily residential units for the proposed Project include 60 apartment units and 120 condominium units. The retail is reduced from 120,000 square feet to 45,000 square feet. The total trips associated with the approved and proposed Projects are summarized in Exhibit 2. As shown in Exhibit 2, the proposed Project is estimated to generate 232 fewer peak hour trips and 2,512 fewer daily trips than the approved Project. This is a 32% reduction in total trip generation. The net new external trips are compared in Exhibit 3. The net new external trips are those trips after deducting internal trips and retail pass-by trips. As shown in Exhibit 3, the proposed Project is estimated to generate 160 fewer peak hour and 1,968 fewer daily net new external trips. This is a 35 to 36% reduction in traffic volumes. Please review the above trip generation comparisons and advise us as to whether the development parameters and trip generation comparisons are satisfactory. detailed traffic impact statement. ;T t.4v[l~S · CORAL GABLES If satisfactory, we will initiate our AGENDA ITEM NO. ~ 178 MAR 2, 7 2001 .o. MJG:s If you should have any questions concerning the above, please do not hesitate to contact these offices. ~y o' 00596:Thomas_i 01 I.wpd cc: George Vamadoe AGENDA ITEM No. /7/_3 'MAR g 7 2001 EXHIBIT 1 SANDPIPER PROPERTY SUMMARY DEVELOPMENT PARAMETERS Approved Project: Multi family Retail Proposed Project: Multi family Apartments Condominiums Retail Size 22 d.u. 120,000 sq. ft. 60 d.u. 120 d.u. 180 d.u. 45,000 sq. ft. AGENDA ITEM No. /'? MAR g 7 2001 EXHIBIT 2 SANDPIPER PROPERTY TRIP GENERATION SUMMARY - TOTAL TRIPS (~) PM Peak Hour Approved Project: Multi family Retail Total Size l__n Out Total Proposed Project: Multi family- Apartments Multifamily- Condominiums Retail 24 Hour Total Difference: Proposed - Approved 22 d.u. 12 6 18 180 120,000 sq. ~. 340 368 708 7,665 352 374 726 7,845 60 d.u. 34 17 51 494 120 d.u. 48 24 72 760 45,000 sq. R. 178 193 371 4,079 260 234 494 5,333 -232 -32.0% (I) Trip roms b~z~d on ITE. Trip C~ncrafion. Six~ Edition. -2,512 -32.0% AGENDA ITEM No. MAR 2 7 2001 EXHIBIT 3 SANDPIPER PROPERTY TRIP GENERATION SUMMARY o NET NEW EXTERNAL TRIPS PM Peak Hour Approved Project: Multi family Retail Total Size l._~n Out Total Proposed Project: Multi family Retail 24 Hour Total Difference: Proposed - Approved 22 d.u. 8 3 11 116 120,000 sq. fi. 212 229 442 5~274 220 232 453 5,390 180 d.u. 59 25 84 863 45,000 sq. fi. 102 107 209 2~559 Footnote: (I) Trip rates based on ITE, Trip Generation, Sixth Edition. 161 132 293 3,422 -160 -35.3% -1,968 -36.5% Adjustments made for internal orientation of trips and retail pass-by trips. AGENDA ITEM No. x ?z3 MAR 2 7 2001 ~ETrNO NOTlCS TOPIC OF MEETING COLLIER COUNTY DEVELOPMENT SERVZC~S DEPARTMENT **** NOTES BY~~v~ A~NDANCE (print name clearly) ~EY POiNTS/UNDERSTANDINGS/CONCLUSIONS AGENDA ITEM NO. MAI:) .e ? onn,~ AGENDA ITEM NO. I~AR 2, 7 ZOO1 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 NUlVIBER 0511 S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C4" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SANDPIPER VILLAGE PUD LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S.41) IN SECTION 11, TOgrNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13 ACRES AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P. A., representing Antaramian Capital Parmers, LLC, 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 11, Township 50 South, Range 25 East, Collier County, Florida, is changed from "C-4" to "PUD" Planned Unit Development in accordance with the Sandpiper Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 0511S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective when the supporting amendment to the Future Land Use Element of the Collier County Growth Management Plan becomes legally effective pursuant to Subsection 163.3189(2)(a), Florida Statues. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney g/admi~PUD-2000-19/RN/cw -1- AGENDA ITEM NIAR 2 7 2001 I SANDPIPER VILLAGE A PLANNED UNIT DEVELOPMENT PREPARED BY: George L. Vamadoe, Esq. Young, van Assenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 941/597-2814 Date Reviewed by CCPC Date Approved by BCC Ordinance Number AGENDA tTEM MAR 2 7 2001 ,tatement of Compliance Section I Section II Section III Section IV Section V TABLE OF CONTENTS Legal Description, Property Ownership and General Description Project Development Residential District Mixed Use District ' General Development Commitments LIST OF EXHIBIT _..Exhibit "A" PUD Conceptual Master Plan AGENDA ITEM No. MAR 2 7 2001 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Antaramian Capital Partners, LLC, hereinafter referred to as the "Developer", to create a Planned Unit Development ("PUD") on fifteen (15) acres of land located in Section 11, Township 50 South, Range 25 East in Collier County, Florida. The name of this Planned Unit Development shall be Sandpiper Village. Development of Sandpiper Village will be in compliance with the planning goals and objectives and policies of Collier County as set forth in the Growth Management Plan. The development will be consistent with the Growth Management Plan, Future Land Use Element and the applicable land development regulations for the following reasons: ' . 1. Sandpiper Village 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 development of Sandpiper Village will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. ge Sandpiper Village is designed as a functionally interrelated community and is planned to encourage innovation as set forth in the Collier County Land Development Code Planned Unit Development District Section. Sandpiper Village represents an infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. o Sandpiper Village furthers the objectives of Policy 5.5 of the Future Land Use Element by using existing lands zoned for urban intensity uses, as opposed to permitting development of other areas. o The Sandpiper Village project furthers and implements the goals and objectives of the Bayshore/Gateway Triangle Redevelopment Overlay District as follows: ao The project will constitute a redevelopment of an aged commercial center and a revitalization of part of the Bayshore/Gateway Triangle District. bo The project will provide a mixed use project, incorporating both residential and commercial uses in an urban environment. -- AGENDA ITEM NO. MAR 2 7 ZOO1 Co The mixed use project is designed to be pedestrian and bicycle friendly, and to provide opportunity for residents of the project and the surrounding residential area to access the commercial uses without traveling onto major roadways. The mixed use project will provide access to existing neighborhoods and ease of access to adjoining neighborhood commercial projects. SHORT TITLE This ordinance shall be known and sited as the "Sandpiper Village Planned Unit Development Ordinance". oo. 111 AGENDA ITEM No. / .7 MAR g 7 2001 SECTION ONE LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location, legal description and ownership of the property, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Sandpiper Village, being approximately fifteen (15) acres,'thirteen (13) acres of which are located within the jurisdiction of Collier County and two (2) acr&s of which are located within the jurisdiction of the City of Naples, is legally described as follows: ALL OF LOTS 107 & 108, GOLDEN SHORES SUBDIVISION, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 25, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, LYING SOUTH OF STATE ROAD NO. 90 (TAMIAMI TRAIL), EXCEPT THE SOUTH 264 FEET. ALL THAT PART OF THE SOUTH 264 FEET OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA, LYING NORTH OF THE NORTH LINE OF WALKER'S SUBDIVISION AS DELINEATED ON A PLAT OF RECORD IN PLAT BOOK 1 AT PAGE 36, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOTS 1-8 INCLUSIVE COL-LEE-CO TERRACE, ACCORDING TO PLAT BOOK 1, PAGE 32, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. **LESS** THOSE PARCELS DESCRIBED O.R. BOOK 1969, PAGE 977 AND O.R. BO( 1344 OF THE PUBLIC RECORDS OF COLLIER COUNTY. 1-1 ~ ~Ef, IDA I~'~,J'~ NO, MAR g 7 2001 TOTAL ACREAGE = 14.994- ACRES. ~1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Antaramian Capital Partners, LLC, whose address is 365 Fifth Avenue South, Suite 201, Naples, Florida 34102~ 1.4 GENERAL DESCRIPTION OF LOCATION OF PROPERTY The property is located on Tamiami Trail East (U.S. 41), and is bordered on the north by U.S. 41, .on the west by Sandpiper Street, on the east by Fredrick Street, and on the south by residential development. ' The zoning classification of the subject property as of this submittal is C-4 (Collier County) and R3-12 (City of Naples). The property constituting the project has been previously cleared of native vegetation, although vegetation has volunteered along the drainage ditch on the south side, and is currently partially developed with a commercial center. APPLICABILITY Although the PUD Conceptual Master Plan shows the proposed uses for the entire Sandpiper Village project, this Ordinance will only be applicable to and control uses on that part of the project within the jurisdiction of Collier County, Florida. -'2 AGENDA ITEM No. MAR 2 7 :'001 2.1 PURPOSE SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to generally describe the plan of development for Sandpiper Village PUD to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo Bo Co Sandpiper Village will include a variety ofhouging choices, together with convenience and service type commercial activities, general offices, and recreational ame~nities in a traditional urban design setting. A graphic iljustration of the PUD Conceptual Master Plan is attached hereto as Exhibit "A". A land use summary indicating approximate land use acreages is shown on the Plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. The project is designed to be pedestrian-friendly with retail and office uses being convenient to the residential uses, while still allowing the ability to attract outside traffic for sustainability of commercial uses. The project is designed to make an efficient use of the land resources and full use of urban services. 2.3. COMPLIANCE WITH COUNTY ORDINANCES mo Regulations for development of Sandpiper Village shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD ordinance), which are in effect at the time of issuance of any development order, to which said regulations relate which authorize the construction of improvements, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Unless otherwise defined herein, or as necessarily implied by context, definition of all terms shall be the same as the definitions set forth in the Collier County Land AGENDA ITEM Development Code in effect at the time of Development Order appli( ation,/~--~--~.//~,~ 2-1 ~AR ~ 7 ZOO1 Do Eo Fo Go Development permitted by the approval of this PUD will be subject to concurrency review under the Adetlt~ate Public Facilities Ordinance Article 3, Division 3.15, of the Collier County Land Development Code. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the PUD Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. :. The Subdivisions Division of the Collier County' Land Development Code (2~rticle 3, Division 3.2) shall apply to Sandpiper Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Co~le Section 3.2.4. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Sandpiper Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. Multi-modal streets will be the norm within Sandpiper Village. In order to further the traditional urban design, careful street sizing will be utilized, and the Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Collier County Land Development Code. Parking shall be allowed on all streets within Sandpiper Village. Some streets will be designed for parking on both sides, and some may allow parking on only one side of the street. 2.4 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes greater than one (1) acre may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Sandpiper Village PUD shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation ..-~ermit is received. 2-2 -- AGENDA ITEM NO. MAR ~ 7 2001 2.5 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.6 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Sandpiper Village Park project subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 ahd Article 3, Division 3.2;'Section 3.2.6.3.6, of the Collier County Land Development Code.. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD CONCEPTUAI J MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Conceptual Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section Five of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Sandpiper Village PUD. The following standards shall apply: mo Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 1 '1 Structural walled berms - vertical Bo Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the constructed on a perimeter landscape berm. In these cases the wall 2-3 ;hall~or)x~cg MAR l~ ? gOO1 2.9 six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Sandpiper Village PUD boundary prior to preliminary subdivision plat and site development plan submittal, subject to approval of County Staff. All such areas must be included in a landscape easement on final plats, or in a separate recorded temporary easement, prior to final platting. Do Pedestrian sidewalks and/or bike paths, water'management systems and drainage may be allowed in landscape buffers. " -' Eo Prior to construction of residential units alo'ng the southern boundary, the Developer shall construct a six foot (6') high wall, with Type B landscaping across the southern boundary of the project, utilizing existing native vegetation where practicable. DESIGN GUIDELINES AND STANDARDS ~The Collier County Planned Unit Development District is intended to encourage ingenuity, .movation and imagination in the planning, design and redevelopment of tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. Sandpiper Village is planned as a urban mixed use project containing low to medium density residential, convenience and service retail, office, and associated recreational facilities in an interrelated community under unified control. The project is designed to be pedestrian friendly with retail opportunities convenient to residences within the project and adjoining neighborhoods; although the commercial areas will be located to provide visibility from U.S. 41 to attract customers from outside the project for sustainability. The project is designed to make efficient use of land resources, full use of urban services, with detailed human scale design. Sandpiper Village is planned as a functionally related, urban style, mixed use project under unified control. As such, the elements of the development, including architecture, signage, landscaping, and lighting shall be coordinated and contain a unified theme. The Developer may also establish supplemental design guidelines and standards by means of _.recorded covenants, conditions, and restrictions, the existence of which shall be noted on the final abdivision plat or final site development plan. ^~.~^ ,~ NO. /2;"3 MAR 2 7 2001 2-4 The commercial and mixed use aspects of the project are incorporated into buildings surrounding the "town square". Parking for th~se uses shall be on the streets serving the town square, to the rear of said buildings, and in the parking structure on Fredrick Street. Surface parking facilities between buildings and U.S. 41, or in areas adjacent to U.S. 41, shall be limited to those instances of parking integrated into project streetscapes, and parking for recreational facilities. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sandpiper Village PUD. General permitted uses are those uses which generally serve the Developer and residents of Sandpiper Village PUD and are typically part of the common infrastructure or are considered community facilities. ' A. General Permitted Uses: Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Community and neighborhood parks, recreational facilities, community centers. o Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. o Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.8 of this PUD. o Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures:. ^GE.O^ ITEM -- NO. MAR 2 7 ~001 2-5 Setback from back of curb or edge of pavement of any road - ten feet (10') except for gatehouses, access control structures, and entrance features which shall have no required setback. Setback from external property boundaries - one half (½) the height of the structure. 2.11 o o Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). Minimum distance between unrelated structures - ten feet (10'). Maximum height of structures - forty fe& (40'). Minimum floor area - None required. Minimum lot or parcel area -None required. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Sandpiper Village PUD design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of site development plan approval. OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is approximately fifteen (15) acres requiring a minimum of 4.5 acres to be retained as open space throughout the Sandpiper Village project. The thirty percent (30%) open space requirement shall not apply to individual development parcels or tracts or lots. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS drainage ditch on the south side of the property and as landscaping on the 2-6 ~,lthough the subject site has been previously cleared, some native vegetation exists along the we a~.%~"c~)'~'~e property. A portion of this vegetation shall be retained on site as required by Section 3.9.5.5 of the Collier County Land Development Code. Mitigation pursuant to this Section will be allowed. 2.13 SIGNAGE me General - Except as specifically provided herein, signage shall be in accordance with the Collier County Land Development Code. Entry_ Signs Major entry signs shall be allowed on both sides of the major entry on U.S. 41. Each sign shall not exceed 160 squar6 feet in size on any side, and shall not exceed ten feet (10') in height, although er/try signs may be part ofarclaitectural features common to the project that exceed ten feet (10') in height. Minor entry signs are allowed on either side of each entrance road to Sandpiper Village. Such minor entry signs shall not exceed one-hundred (100) square feet in size on any side, and no entry sign shall exceed six feet (6') in height. Minor entry signs may be part of a larger architectural feature or monument that forms part of the entry into the project. C. Internal Signs Directional identification signs are allowed within the project. Such signs may be used to identify the location or direction of approved uses, such as: commercial buildings, recreational facilities, sales centers, information centers, etc. Individual signs may be a maximum of four (4) square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of twenty-four (24) square feet, and a maximum height of eight feet (8'). A single external sign band may be applied to the side of each building containing any commercial or office activities, providing that it shall not exceed two feet (2') in vertical dimension by any length. The sign band may contain multiple individual signs, but all must refer to a tenant of the building. Signs shall consist of letters applied directly on the facade of the building. A maximum of two sign bands may be placed on the facade of each building. Additional pedestrian signs or shingles may be attached to a building_ . AC.~ENDA I'~EM perpendicular to the facade, extending up to four feet (4')fro 2-7 MAR 2 7 2001 may be placed underneath an awning structure and attached to the awning structure. Th6S-e signs shall not exceed 18" by 4'. There may be one individual pedestrian sign for each business located on the first floor. In addition, the vertical drip of an awning may be stenciled with letters no more than eight inches (8") in vertical dimension by any length. This provision will only apply to structures containing commercial or recreational uses. A perpendicular sign identifying the primary entrance shall not exceed one foot (l').Jn vertical dimension, nor two feet (2') in horizontal dimension. o For any multi-story commercial or mixed hse building, an entry plaqu~ may be located on both sides of the first level entries. These entry plaques shall be no more than four (4) square feet, shall be attached to the bdilding, and may contain the name of the building or tenant(s) occupying any upper floor space. Project identification signs Two project identification signs may be located in proximity to the project's boundaries on U.S. 41. Said project identification signs may contain architectural features, which will not be assessed as part of the signage of said project. o A project identification sign may be two-sided, and shall not exceed 120 square feet on any side of each sign. o There shall be no setback requirements for such signs, as the purpose thereof is to direct traffic from multi-lane U.S. 41, and to identify the project to traffic traveling on U.S. 41. 2-8 AGENDA ITEM No. MAR 2 7 2001 SECTION THREE RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Sandpiper Village designated in the Conceptual Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS A maximum number of 180 residential dwelling units mdy be constructed in Sandpiper Village, including the portion of the project within the City. The nurfiber of units within the Co,ufity shall be limited to 156 units. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Conceptual Master Plan are designed to accommodate a variety of low to medium density residential dwelling types: compatible non- residential uses, recreational facilities, essential services, and customary accessory uses. Bo The approximate acreage of the "R" District is designated on the Conceptual Master Plan. This acreage is based on conceptual designs and it is approximate. Actual acreages of all development tracts will be provided at the time of site development plan, or preliminary subdivision plat approvals in accordance with Article 3, Division 3.3 and Division 3.2, respectively of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, alleys, open spaces, parks and amenity areas, recreational facilities, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: o Single Family Detached Dwellings. Single Family Patio and Zero Lot Line Dwellings. 3-1 AGENDA ITEM No. MAR g 7 2001 3. Two-family find Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be com,atible in the "R" District. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal Uses permitted in this District. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. _3.5 DEVELOPMENT STANDARDS mo Table I sets forth the development standards for land uses within the "R" Residential District. 3-2 A(~ENDA ITEM / ~/~R g 7 2001 TABLE I . - Sandpiper Village DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES SINGLE PATIO & TWO SINGLE FAMILY MULTI AND STANDARDS FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Front Yard 20 10 10 -3 10 10 Front Yard for 10 10 10 10 10 Side Entry Garage Side Yard 7.5 0 or 7.5 0 or 10' 25' · ~ Rear Yard Principal 20 10 10 10 10~ Rear Yard Accessory 10 5 5 5 10 Rear Yard Special -2 10 5 5 5 .5 BH Maximum Building Height '~ 35 35 35 40 42'n Distance Between 15 10 0 or 15 20' 25' Principal Structures Floor Area Min. (S.F.) 1500 SF 1200 SF 1200 SF 1200 SF 750 SF BH: Building Height All distances are in feet unless otherwise noted. '~ - Rear yards for principal structures on lots which abut lake and open space. Setback from lake for all principal and accessory uses may be zero feet (0') providing architectural bank treatment is incorporated into design and subject to written approval from Planning Services Department. Front yards shall be measured as follows: A. If the parcel is served by an external right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by an internal road or driveways, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). '~ - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. Parking is permitted under residential structures. · 3. Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite ten feet (10') yard is provided. Patios, pools and screen enclosures may encroach into the ten feet (10') yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. · 4_ Limited to three (3) stories of units over one (1) level of parking, with each fourteen feet (14' as measured by the standards of the Collier County Land Development Code considered one 3-3 of building height 1) StONl~. [NDA ~TE~ .a,R 2 7 001 Co Do Fo Ge Ho Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 sthfldards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Sandpiper Village PUD design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. " '~ In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.11 of this PUD. Off-street parking facilities required for residential uses may be accessed by parking aisles, alleys, or driveways which are separate from any roads which serves the development. On street parking shall be allowed all roads within the project. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. Residential structures abutting Sandpiper Street shall be limited to two (2) stories over one (1) level of parking. 3-4 AGENDA ITEM No,__ MAR g ? 2001 SECTION FOUR MIXED USE DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards within Sandpiper Village PUD designated on the Conceptual Master Plan as "MU". 4.2 GENERAL DESCRIPTION Areas designated as MU on the Conceptual Master Plan ttre designed to accommodate a limited range of retail, service, and office commercial uses; resideritial uses in the same structhre with retail or office uses; and essential services and customary accessory uses to commercial or residential development. Buildings in the MU District shall contain commercial uses only, or a mix of residential and commercial uses; provided however, that both commercial space and residential units shall be constructed in the MU District. The approximate acreage of the MU District is indicated on the Conceptual Master Plan. This acreage is based on a conceptual design and is approximate. Actual acreage of all development tracts shall be provided at the time of site development plan or preliminary division plat approvals in accordance with Article 3, Division 3.3 and Division 3.2 respectively of the Collier County Land Development Code. MU tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in commercial districts in traditional urban development. 4.3 MAXIMUM SQUARE FOOTAGE/UNITS A maximum of 45,000 square feet gross floor area of retail and office uses may be constructed in Sandpiper Village, together with multi-family residential units, provided the total number of residential units in the Sandpiper Village project shall not exceed 180 units. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreational Services (Groups 7911 7922 communiW theaters ' A(~ENDA ITEM only, 7991, 7993). ,o. 1'7 4-1 MAR 2 7 2001 = 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Apparel and Access'ffry Stores (Groups 5611-5699). Hardware Stores (Group 5251). Business Services (Groups 7311, 7313, 7322 - 7338, 7361 - 7379,7384, 7389 except auctioneering, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Childcare services (Group 8351). Civic, social, and fraternal associations (Group 8641). Depository Institutions (Groups 6011-6099). - Drug Stores and proprietary stores (Groups 5912). Eating and Drinking Establishments (Groups 5812, 5813, except for bottle clubs). Engineering, Architectural, Accounting and Surveying Services (Groups 8711-8713, 8721). Food Stores (Groups 5411-5499). General Merchandise Stores (Groups 5311-5399). Group Care Facilities (Category I and II); Care Units, except for homeless shelters, Nursing Homes and Assisted Living Facilities. Health Services (Groups 8011-8049, 8082). Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). Legal Services (Group 8111). Management and Public Relation Services (Groups 8741-8743, 8748). Miscellaneous Retail (Groups 5912-5963, except pawnshops and bu 5992-5999, except auction houses). 4-2 MAR ~, 7 ~001 21. Multi-Family Dwellings, including Garden Apartments. 22. Non-Depository Credit Institutions (Groups 6111-6163). 23. Personal Services (Groups 7211,7212, 7215, 7216 non-industrial dry cleaning only, 7221 - 7251,7291). 24. Real Estate (Groups 6531, 6541). 25. Paint, glass and wallpaper stores (Group 5231). 26. Public Administration (Major Groups 91, 92, 93, 94, 95, 96). 27. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211- 6289). 28. United States Postal Service (Group 4311 except major distribution center). 29. Video Tape Rental (Group 7841). 30. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "MU" district. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "MU" district. 4.5 DEVELOPMENT STANDARDS A. In mixed use buildings, that is buildings containing residential together with commercial uses (retail, service and/or office), commercial uses are permitted on the first two (2) stories only; residential uses are permitted on the second story and above. 4-3 AGENDA ITEM No. MAR 2 7 2001 B. Minimum yard requirements for mixed use buildings shall be those set forth for multi- family buildings in Table 1 hereof. C. Minimum yard requirements for buildings containing commercial uses only: 1. Front Yard: Ten feet (10') minimum. 2. Side Yard: Ten feet (10'). 3. Rear Yard: Ten feet (10'). o Any yard abutting a residential parcel: Twehty feet (20'). Any yard abutting a mixed use parcel' Ten feet (10'). Setback from a lake or water management feature for all principal and accessory structures may be zero feet (0') provided architectural bank treatment is incorporated into the design. Setbacks from U.S. 41: Minimum of fifteen feet (15') and maximum of twenty-five feet (25'). D. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum height of structures shall be as follows' Buildings containing only commercial uses are limited to maximum height of three (3) stories. o Buildings containing both residential and commercial uses are allowed a maximum height of four (4) stories. For purposes of this Section, each fourteen feet (14') of building height shall be considered one story. For purposes of this Section building height shall be the vertical distance measured from the first habitable floor elevation to the uppermost finished ceiling elevation of the structure. F. Minimum distance between all other principal structures - Twenty feet (20'). 4-4 AGENDA ITEM NO, ~AR 2 7 2001 G. Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (10').'- H. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. I. Maximum building footprint- Buildings containing commercial uses only are limited to the maximum building footprint of 20,000 square feet. Jo The project is consistent with the objectives of the development standards of the Bayshore/Gateway Triangle Redevelopment Overlay as provided in Ordinance 2000-87. Standards for parking, landscaping, signs and other land uses where such standards are not specifically set forth herein are to be in accordance with the Collier Count, y-Land Development Code in effect at the time of site develoP~nent plan approval. It is specifically understood that the design of this District is to be of an urban nature; it will encourage pedestrian access; allow shared parking; allow reduced width roadways andaccessways, and other vestiges of traditional urban design. Deviations from the Collier County Land Development Code to accomplish these objectives shall be subject to approval of the Development Services Director. K. The limitation on the location of parking as set forth in Section 2.3.4.11.9 of the Collier County Land Development Code shall not be applied to this project. L. The dimensional standards for roadways and parking spaces contained in Section 2.3.4.12 of the Collier County Land Development Code shall not be applicable to this project; however, the dimensional standards shown on the Conceptual Master Plan shall control for purposes of this project. M. At least fifty percent (50%) of the trees and shrubs used to fulfill the requirements of the Collier County Land Development Code shall be native South Florida species. N. In order to allow flexibility in the placement of trees in buffer areas, cjustering or grouping of trees shall be allowed as long as the quantities of trees required in Section 2.4.7.4 is complied with, and subject to the approval of the County Landscape Architect. 4-5 AGENDA ITEM No. MAR 2 ? ~001 SECTION FIVE GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments of Developer within Sandpiper Village PUD. 5.2 GENERAL All facilities shall be constructed in accordance with the'final site development plans, the final subdivision plats, and all applicable state and local laws, Cbdes and regulations relat~g to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. _In addition, the PUD Conceptual Master Plan and the regulations of the PUD document as adopted ~long with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments, and stipulations. 5.3 CONCEPTUAL MASTER PLAN The PUD Conceptual Master Plan attached hereto as Exhibit "A" is an iljustrative conceptual development plan. The design elements and layout iljustrated on the PUD Conceptual Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the PUD Conceptual Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan. MAR 2 7 2001 5-1 o The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division-2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and reserve areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 5.3.A: Reconfiguration of lakes, ponds, or other whter management facilities where such changes are consistent with the criteria of the' South Florida Water Ma.n~igement District and Collier County. 2. Internal realignment of rights-of-way other than a relocation of external access points. 5.4 WATER MANAGEMENT A. An Excavation Permit will be required for proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code. B. Design construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. 5.5 UTILITIES A. The project will be served by central potable water distribution, fire protection and sewage collection facilities. Bo Water distribution, sewage collection and transmission 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 Collier County rules and regulations. 5.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Sandpiper Village shall be required to conform to the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8., unless otherwise stated in this PUD or at the time of site development plan approval. Tho substitutions, to the improvements standards are approved for final subdivision pi 5-2 MAR g 7 7001 Pg. 74 Sidewalks/bike paths shall be constructed in the locations set forth in the Conceptual Master Plan, in substitution for the requirements of Section 3.2.8.4.14 and Appendix B of the Collier County Land Development Code. Bo Streets shall conform with the right-of-way and pavement widths shown on the Conceptual Master Plan, in substitution for the requirements of Section 3.2.8.4.16 and Appendix B of the Collier County Land Development Code. 5.7 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of constrfiction of each access. B. The Developer shall provide arterial level street lighting at all community access points to State, County, or City public rights-of-way at the time of construction of'each access. Do Eo Fo The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access points to a public right-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. Payment of road impact fees shall be in accordance with the applicable impact fee ordinance as it may be amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division, 3.15, Adequate Public Facilities. The PUD Conceptual Master Plan shows the location of all sidewalks/bike paths to be provided within the Sandpiper Village PUD. The PUD Conceptual Master Plan indicates the approximate location of access points to the Sandpiper Village project, and indicates full access or directional access. The location of these access points is subject to change, and will be finalized at the time of permitting. There will be public access to the Mixed Use District and its uses from all accesses to surrounding public streets or highways. 5.8 PARKING A. Because of the urban nature of the project and the interaction between the residential, commercial and recreational uses, and in order to minimize the impervious surface and preserve open space, shared parking will be allowed in Sandpiper Village. In the Mixed Use District, minimum parking requirements shall be eighty-five percent (85% } of tho roo,,;ro~ AGENDA ffEbl - -- spaces for each individual use. ,o./--77'"z~ s-3 MAR ~ 7 ?001 5.9 B. Parking for residential unft§ may be provided in the Mixed Use District and parking for the Mixed Use District may be provided in the Residential District. C. In the Residential District, one-bedroom units shall be required to have a minimum of one and one-half(1 ½ ) parking spaces per unit, and all other units shall have a minimum of two (2) parking spaces per unit. D. Because of urban nature of project, and in order to encourage utilization of sidewalks/bicycle paths, a minimum number of parking spaces (not to exceed 10) will be installed at the recreational facility. ENVIRONMENTAL ~' An exotic vegetation removal and maintenance plan shall be submitted to ~2urrent Planning Section Staff for review and approval prior to final site plan approval. F:\users~LANA\Wp9~ANTARAMIAN~CHULMSKY~PUD Final 3-15-01 .wpd [March 15,2001 ] 5-4 AGENDAITEM MAR 2 7 ~001 SANDPIPER STREET FREDERICK STREET I ;;II ;Ill . /?,61 MAR 2 ? 2001 EXECUTIVE SUMMARY V-2000-34, DON KIRBY AND SUSAN YOUNG KIRBY, OF CONSTRUCTION COURIER SERVICES, REPRESENTING HANDY FOOD STORES INCORPORATED, REQUESTING A VARIANCE OF 20 FEET FROM THE REQUIRED 50 FOOT FRONT YARD SETBACK REQUIREMENT FOR A GAS STATION CANOPY AND. FUEL PUMPS TO 30 FEET FOR PROPERTY LOCATED AT 2902 LAKE TRAFFORD ROAD, IMMOKALEE. OBJECTIVE: That the community's interests are maintained in a commercial development. CONSIDERATIONS: Section 2.6.28 of the Land Development Code requires a front yard setback of 50 feet for all structures in an automobile service station (including convenience grocery stores selling motor fuels). The existing Handy Food Store has an e.~isting fuel pump approximately 35 feet from the property line, which was built prior to the 50-foot requirement. The petitioner wishes to add two new fuel pumps, reconfigure the existing pump for improved on-site traffic flow, and cover the pumps with a canopy. Because of existing underground tanks and piping in place, the petitioner requests a 20-foot variance from the 50-foot front yard requirement along Lake Trafford Road. 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 March 1, 2001 meeting. Stating that the proposed improvements (landscaping, a canopy that meets architectural design guidelines, and improved traffic flow) outweigh the proposed encroachment, the CCPC voted 8 to 0 to forward petition V-2000-34 to the BZA with a recommendation of approval.. 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 will be ameliorated by the installation of landscaping and irrigation. In this case, Planning Services staff believes that the proposed improvements (landscaping, a canopy that meets design guidelines, and improved traffic flow) outweigh the proposed encroachment, which to some extent exists today. Therefore, Planning Services staff recommends that the BZA approve Petition V-2000-34. PRE PARF~ BY: F~ISCHL, AICP PRINCIPAL PLANNER p CURRENT PLANNING MANAGER J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE DATE DATE APPROVED BY: JO~'q M. D~E~, III DATE INIFERIM COMMUNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-34 2 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: DATE: SUBJECT: PLANNING SERVICES DEPARTMENT COMMLg~TY DEVELOPMENT & ENVIRONMENTAL SERVICES FEBRUARY 5, 2001 PETITION V-2000-34 AGENT/APPLICANT: OWNER: AGENT: Handy Food Stores, Inc. PO Box 1808 Tampa, FL 33601 Don Kirby PO Box 678443 Orlando, FL 32867 REQUESTED ACTION: The petitioner requests a 20-foot variance from the required 50-foot front yard setback for structures in an automobile service station to 30 feet to allow construction of a canopy over an existing fuel pump and add additional fuel pumps at a convenience store. GEoGRApHIC LOCATION: The subject property is located at the northwest comer of the intersection of Lake Trafford Road and Carson Road, in Section 31, Township 46 South, Range 29 East. PURPOSE/DESCRIPTION OF PROJECT: Section 2.6.28 of the Land Development Code requires a front yard setback of 50 feet for all structures in an automobile service station (including convenience grocery stores s,elling motor fuels). The existing Handy Food Store has an existing fuel pump approximately 35 feet from the property line, which was built prior to the 50-foot requirement. The petitioner wishes to add two new fuel pumps, reconfigure the existing pump for improved on-site traffic flow, and cover the pumps with a canopy. Because of existing underground tanks and piping in place, the petitioner requests a variance from the 50-foot front yard requirement along Lake Trafford Road. SURROUNDING LAND USE AND ZONING: Subject: Existing convenience store; zoned C-3 Surrounding: North - East - South - West - Undeveloped parcel; zoned A Carson Road ROW; across which is the future Harvest for Humanity PUD water retention pond Lake Trafford Road ROW; across which is land currently used as pasture, but which is the commercial area in the Arrowhead PUD Undeveloped parcel; zoned A HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TR2~SPORTATION, 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 o(~oning Appeals to grant variances. The Planning Commission is advisory to the BZA and Utilize~ provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to ~e ? :' 2001 .2 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? Yes. The existing fuel pump was constructed prior to the 50-foot front yard requirement for service stations. The infrastructure (tank and piping) to serve the pump is currently in place. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The existing pump conforms to the 25-foot front yard setback in the C-3 district. The pump became non-conforming in 1999 when the automobile service station requirements were amended to include a 50-foot front yard. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is technically no land-related hardship, however, the underground infrastructure constrains the relocation of fuel dispensing facilities to a great extent. The pump infrastructure was legally installed according to the Co.de in effect at the time. -Installation of additional pumps, which meet the current setback, would disrupt on-site traffic flc~w. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The existing convenience store is a reasonable use of the land. However, the requested variance will be the minimum required to construct a canopy and additional pumps in the vicinity of the existing infrastructure. 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 front that which would be permitted for a similar service station. e 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. However, a service station currently exists at this location. The proposed canopy will be required to meet the architectural design guidelines. In addition, the reconfigured fuel pumps will aid in on-site traffic flow. 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. Staff recommends that, if a variance is approved, landscaping (with irrigation), be installed along the eastern and southern property lines, to comply with Section 2.6.28 to the greatest extent possible. ge Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council d.,0es not normally hear variance petitions. PLANNING SI~RVICES STAFF RECOMMENDATION: There is technically no land-related hardship; however, the underground infrastructure constrains the relocation of fuel dispensing facilities to a great extent. The encroachment will be ameliorated by the installation of landscaping and irrigation. In this case, Planning Services staff believes that the proposed improvements (landscaping, a canopy that meets design guidelines, and improved traffic flow) outweigh the proposed encroachment, which to some extent exists today. Therefore, Planning Services staff recommends that the CCPC forward Petition V-2000- 34 to the BZA with a recommendation of approval. PREPARED BY: F D~_~ISCHL, AICP RINCIPAL PLANNER 1~ ~)NAiT, b F. NINO, AICP ,.(~URRENT PLANNING MANAGER PLANNING SERVICES DIRECTOR e:9 ./,~7 · o / DATE DATE ~,_qo .01 DATE APPROVED BY: ERiM. DUNNUCK III DATE M COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: V-2000-34 10/24/00 09:~3 F~ ~004 VARIA/~CE PETITION (V]~RIAI~CE FROM SETBACK ( S ) REQUIRED FOR A PARTICUL~ ZONING DISTRICT) O0 PETITION NO. PROJECT P ~AI~q~R LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S)__ BLOCK(S) SU1~DIVISION SECTION ~ TWP. q~' P~GE ~ ~--, (If legal description is lengthy, i.e. metes & bounds description, attach additional page) ~~/~-~ C~NT ZONING OF SUBJECT PROPERTY EXISTING LAND USE ON SUBJECT PROPERTY ADJACENT ZONING & LAND USE ZONING LAND USE $ E MINIMUM YARD REQUIREMENTS FOR SUBJW. CT PROPERTY FRONT: CORNER LOT: NO (CIRCLE ONEI WATERFRON LOT: ~YES (CIRCLE ONE) SIDE: 10/24/00 09:43 F~ ~005 NATUR~ OF PF-TITION Provide a detailed explanation of the re,est including what structures are existing and what is proposed; the n/nount of encroachment proposed using n~bers, i.e. reduce fron~ setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment c~e to be; etc. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the balow listed criteria (1-6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure., or building involved. 17/24/0~ 09:44 F.i.X ~006 ;%re there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to Ehe property which is the $~bject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. W~ll the variance, if granted, be the minimttm variance that will make possible the reasonable use of the land, building or s~r~cture and which promote standards of health, safety or welfare. Will granting the variance reqllested 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. 10,'24,'00 09:44 FAX 1~007 Will qzanting 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. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, Golf course, etc. will granting the variance be consistent with the growth management plan. EXPLANATION The existing property has a 4000 sfbuilding that includes a convenience store with gas and a laundromat. No modifications for these structures are planned. There is :lso an existing single gas island within the 50' front setback, located approximately 43' from the front property line. We hereby request the front setback be reduced by 20' to a minimum of 30', to allow for the installation ora gas canopy - 24' (wide) X 84' (long), and two additional fueling islands. The original permitted plans for the canopy are dated November 21, 1978. The configuration of the property and existing buildings do not allow for the installation of a new gas canopy or additional pump islands without encroaching on the new 50' setback. This creates a hardship on this older store striving to compete w/th newer locations. The new 50' setback recently adopted by Collier Co. triggers our request for the variance, so that necessary improvements can be made. Existing facilities constructed in 1978/79 Current setback requirements make ex/sting fuel island non-conforming Setback requirements make it impossible to expand our fuel islands and install a new gas canopy to keep pace with market demands Lake Trafford Road terminates approximately one mile west of the site and therefore is not a major thoroughfare The property as it now exists with the fuel island within the 50' front setback, is pre-existing the new 50' front setback requirement. The location of the building on the site precludes constructing additional fuel island and gas canopy under the existing zoning. A literal interpretation will create an undue hardship and practical difficulties by preventing the applicant from growing and modernizing his business to meet customer demand and keep pace w/th the competition The vahance, if granted is the minimmn variance that will make possible the reasonable use of the land. In a~ddition, the site lighting provided by the new gas canopy, will the improve the safeW of employees and customers and help deter crime. The granting of the variance request w/Il not confer on the petitioner any special privileges. Granting the variance will be in harmony with the intent and purpose of the zoning code and provide the neighborhood with additional services and security by providing an illuminated gas canOpy to help deter crime and promote safety. The site, when originally built, could have contained a gas canopy under the old front setback. The new 50' front setback eliminates this possibility without a variance. Yes, the facility is existing. We merely ask to be allowed to update and modernize this aging facility to provide better and safer services to our customers and employees. AFFIDAVIT OO8 I, J. ANDREW BEVER, JR. being first duly swor~, depo~ nnd ~y that i am the owner of the property d~scribed herein and which i$ tke ~ubject matter of the proposmd hearing; ~hat all the answers t~ ~h~ questions in th~ applicati~, and all skatc~es, da~a, ~nd other supple_ment~r¥ matter attached to and ~d~ a part of this application, are hones~ and ~rue to th~ best of mM knowledge and belie~, t understand thi~ application must be completed and accurate before a hearin~ can be aOvertis~d- i ~rther permit Don Kirby/Susan Young...Kirby ~o act as my ' '-(A~ENT'S NAME) Construction Courier Service representative in any matters regarding this Petition. sta~e of Florida County of Collier ~-~ SIGNATURE OF 'OWNEK'~' HANDY FOOD STORES, INC. The .foregoing A~re~ment Shes= w~$ acknowledged before me this JO{~ day of , who is personally knc~ as iden~ifisation and who ~d (did not) take an oaUh. Patricia L Toth MY COMMISSION # CC92~049 EX, RES ~]une 6, 2004 (Signature of Notary Public) NOTARY PUBLIC Commission ~ My Comm/s~on Expires: SIGNATURE OF A~ENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me Chis day cf , 1996 by who is Der&0~&lly ~qgwn to ~e or who has pro~ucad as identification and.who did (did no:) ~ake an o~th. VARI. AR ~ AP ~ L I CAT ION / I~ (~'4"gnature of Notary Public) NOTARY PUBLIC Co~mission ~ My ComahiSSlon Expir¢$: 1G-3@-GG G7:59 TO:B&B CORPORATE HOLDINGS INC R E FROM:487 469 ~994. PG8 FOOD STORES, INC. October 30, 2000 Board of County Commissioners Collier County Naples, FL RE: Variance Request - Handy Food Store # 75 / 2902 Lake Trafford Road Dear Sir: Please be advised that Handy Food Stores, Inc. has authorized Don Kirby and Susan Young Kirby of Construction Courier Service to act on behalf of Handy Food Stores in all matters relating to this zoning variance request. Further, all information provided herewith and in the future is honest and true to the best of my knowledge and belief. Sincerely, B&B CASH GROCERY STORES, INC. J. Andrew Bever, Jr. President JABjr:plt - Encl. CO RRES~j^y~,COLLi ER .CO_VARi ANCE, KE QLrE S T~PL T 10;i 000 t'- ' ' ' CORPORATE OFFICES AND DISTRIBUTION CENTER: 9330 ADAMO DRIVE (HIGHWAY 60)'o TAMI::~, FLORIDA $3619-2693 MAILING ADDRESS: POST OFFICE BOX 1808 · TAMPA~ FLORIDA 33601-1808 ~ ...... '" /: Jl PHONE: (813) 621-6411 FAX: (813) 623-1215 ~ ! · ' REAL ESTATE FAX (813) 626-3864 ;' - j STATE OF FLORIDA County of Hillsborough The foregoing statement was acknowledged by J. ANDREW BEVER, JR., who is personally known to me, and who signed before me this 30th day of October, 2000. NOTARY PUBLIC State of Florida at Large My Commission Expires: · _,.~.: .,'.~,, Patricia L loth ..-':O'.' ...... '¥.. :,: :,,= MY COMMISSION # CC923049 EXPIRES ~.~'~4 :)une 6, 2004 · ;, ,~,; ,'~t~ BONDED THI~U TI~OY FAIN INSURANCF., INC CORRES~JA Y~COLLI~R ' CO_V ARIANCE * REQUE STILT 103000 RESOLUTION NO. 01- RELATING TO PETITION NUMBER V-2000- 34, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 20-foot variance from the required front yard setback of 50 feet for fuel pumps and a canopy for an automobile service station to 30 feet as shown on the attached plot plan, Exhibit "A", in a "C-3" 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-2000-34 filed by Don Kirby and Susan Young Kirby, representing Handy Food Stores, Incorporated, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 20-foot variance from the required front yard setback of 50 feet for fuel-pumps and a canopy for an automobile service station to 30 feet as shown on the attached plot plan, Exhibit "A", of the "C-3" 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- 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 pement of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Collier County Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-34 be recorded in the minutes of this Board. This Resolution adopted at, er motion, second and majority vote. Done this __ day of ., 2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA App?oved as to Form and Legal Sufficiency: JAMES D. CARTER, Ph.D., CHAIRMAN ~Vl-a~0r~ M. Student ....... Assistant County Attorney g/admin/V -2000-34/FR./im -2- S6.5g' PI?OPOSED ELECTRIC- TRENCH TO CoN'rfNuE TO REAR O~' BUILDING -- NEW 3500 · 25'x85' CONCRETE PAD . -- PROPOSED 24'x85'- 10' CANO~ (~) -- PROPOSED CURING MATCH EXISTING 0 < O/H : LAKE TRAFFORD ROAD-SR 850 I Illllm, Exhibit "A" OF A PARCEL OF LAND LYING IN ~ECTION 51, TOWNSHIP 46 SOUTH, RANGE 29 COLLIER COUNTY, FLORIDA EAS .CRIPTION AS RECORDED IN O.R. 1073 AT PG. 97,3: ~ THE EAST ONE QUARTER CORNER OF SECTION ,31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, ,KALEE, COLLIER COUNTY, FLORIDA, RUN N1'12!25"W ALONG THE EAST LINE OF SAID SECTION 31 24`3.21 FEET; THENCE N88"42'22"W FOR ..30.0`3 FEET TO THE WEST LINE OF CARSON ROAD FOR ;)INT QF BEGINNINg; THENCE S1'12'25"E ALONG SAID CARSON ROAD FOR 200.00 FEET TO THE ~-H RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD; THENCE WESTERLY 200.08 FEET ALONG SAID -OF-WAY LINE FOLLOWING THE ARC OF A CURVE CONCAVE TO THE NORTH AND HAVING A JS OF 11419.2 FEE"r AND SUBTENDED BY A CHORD OF 200.08 FEET BEARING N88'42'22"W; ,ICE Nl'12'25"W FOR 200.00 FEE'T; THENCE S88'42'22"E FOR 200.08 FEE-I' TO THE P(plNT OF NNiNQ, COLLIER COUNTY, FLORIDA. O0 /~ EXHIBIT "B" EXECUTIVE SUMMARY PETITION V-2000-36, CRAIG R. STEPHENS OF STEPHENS DESIGN GROUP REPRESENTING ADCO GROUP REQUESTING A 35 FOOT VARIANCE FROM THE 50 FOOT REAR YARD REQUIREMENT WHEN ABUTTING A RESIDENTIAL PROPERTY, TO 15 FEET FOR A PROPERTY LOCATED ON RAILHEAD BOULEVARD AND IS FURTHER DESCRIBED AS LOT 35, RAILHEAD INDUSTRIAL PARK, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a rear yard variance in the "1" Industrial zoning district while maintaining the community's best interest. CONSIDERATIONS: The petitioner wishes to expand existing Allied Garage Doors building on lot 36 into lot 35. The Collier County Land Development Code requires a 15 foot rear setback in the industrial district, however, this setback is increased to 50 feet when abutting a residentially zoned property. There are seven lots on Rail Head Boulevard that abut the Mediterra PUD. Six of them were developed prior to the rezoning of the abutting property from agricultural to residential PUD; therefore, they were developed with a 15 foot rear yard setback. The applicant is requesting to expand an existing building into this lot with the same setback as all other buildings in the area. It should be noted that the property in question does not abut any residential tracts within the Mediterra PUD. It is adjacent to a rather large conservation tract and then a golf course tract. FISCAL IMPACT: This request will have no fiscal impact. GROWTH MANAGEMENT IMPACT: None. 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: 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. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed V-2000-36 on March 1, 2000 and by a vote of 8-0 recommended that the Board of Zoning Appeals approve this petition. STAFF RECOMMENDATION: Staff recommended that the CCPC forward this petition to the BZA with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER BE/~IEWED~ BY: CURRENT PLANNING SECTION '~, DATE DATE RdBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JOHI~ M. DUNNUCK, III, INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MAR 2 7 2001 AGENDA ITEM 7-D TO: FROM MEMORANDUM COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: June 1, 2000 RE: PETITION V-2000-36 AGENT/APPLICANT: Owner: ADCO Group Steve Romanelli 1509 Railhead Industrial Park Naples, FL. 34110 AGENT: Stevens Design Group Craig R. Stevens 9148 Bonita Beach Road, Suite #202 Bonita Springs, FL. 34135 REQUESTED ACTION: The petitioner requests a 35-foot variance from the 50 foot rear yard requirement when abutting a residential property, to 15 feet. GEOGRAPHIC LOCATION: The subject property is located on Rail Head Boulevard and is further described as Lot 35, Rail Head Industrial Park, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to expand an existing building on lot 36 into lot 35. The Collier CountY Land Development Code requires a 15 foot rear setback in the industrial district, MAR 2 7 2001 '1 ~' "o z NAR 27 :200l however, this setback is increased to 50 feet when abutting a residentially zoned property. There are seven lots on Rail Head Boulevard that abut the Mediterra PUD. Six of them were developed prior to the rezoning of the abutting property from agricultural to residential PUD; therefore, they were developed with a 15 foot rear yard setback. The applicant is requesting to expand an existing building into this lot with the same setback as all other buildings in the area. It should be noted that the property in question does not abut any residential tracts within the Mediterra PUD. It is adjacent to a rather large conservation tract and then a golf course tract. SURROUNDING LAND USE AND ZONING' Subject property: Vacant property; zoned 'T' Industrial Surrounding: North - Industrial building, zoned "1" Industrial East - Industrial building, zoned 'T' Industrial South - Industrial building, zoned 'T' Industrial West - Conservation tract, zoned PUD (Mediterra) 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. TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT IMPACTS: 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: a= Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No, the lot in question is a conforming industrial lot. MAR 2 7 2001 fm 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, this is a vacant lot and it is possible to build an industrial building without a variance. There are no special conditions relative to this property. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is no land-related hardship. However, a literal interpretation of the provisions of the LDC will require the applicant to provide a rear yard setback which will be over three times more than other industrial buildings have provided in the area. 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, as discussed above a variance is not necessary to make possible the reasonable use of the land. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller rear yard than what would be permitted for industrial lots abutting residential properties in the Industrial zoning district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, the reduced setback will be similar to the rear setback of other developed lots in the ar.ea; furthermore, the approval of this request will not be detrimental to the public welfare. MAR 2 ? 2001 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, this lot is adjacent to a large preserve tract and then a golf course tract on the Mediterra PUD. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition to the BZA with'a recommendation for approval. MAR 2 7 2001 PREPARED BY: Chahram Badamtchian, Ph.D., AICP Principal Planner RONALD I~ NINO, AICP CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE DATE DATE APPROVED BY: JOH~ M. DUI~NUCK III, INTERIM ADMINISTRATOR DATE COI~MUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES Petition Number: V-2000-36 Staff report for the March 1, 2001 CCPC meeting. This Petition has been tentatively scheduled for the March 27, 2001 BZA Public Hearing. Collier County ' ' ' · MAR_2 ? 2001 RESOLUTION NO. 01- RELATING TO PETITION NUMi ER V-2000- 36, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 35 foot variance from the required 50 .foot rear yard setback to 15 feet as shown on the attached plot plan, Exhibit "A", in an 'T' 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-2000-36 filed by Craig R. Stephens of Stephens Design Group, Inc., representing Allied Doors, Inc., with respect to the property hereinafter described as: Lot 35, Railhead Industrial Park, as recorded in Plat Book 18, Pages 101 and 102 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 35 foot variance from the required 50 foot rear yard setback to 15 feet as shown on the attached plot plan, Exhibit "A", of the 'T' Zoning District wherein sai~ property is located and subject'to the following stipulations: Exhibit "B" MAR 2 7 200! BE IT RESOLVED that this Resolution relating to Petition Number V-2000-36 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjori~)M. Stuaem ASSISTANT COUNTY ATTORNEY g/admin~V- 2000- 36/CB/ira ., 2001. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN MAR 2 ? 2001 EXISTING $.D.P. S 95-5~1 ALLIED DOOi~$ INC. I I V-2000-36 EXHIBIT "A" MAR g ? 200{ CONDITIONS OF APPROVAL V-2000-36 This approval is conditioned upon the following stipulations: No overhead doom shall be allowed at the rear of the building. Any exterior lighting on the rear of the building must be shielded to prevent spilling over the property line. Any exterior PA or sound system must be directed away from the property line. EXHIBIT "B" MAR 2 ? 200t VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOP. A PARTICULAR Z~)NI~G' DISTRICTf '-': Petition No. Commission District: Date Petition Received:.-/:: ~' - Planner Assigned: Chahram Badamtchian ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: ! .~:~)c~ '~l L- ~[I~N.E> Agent's Name: Agent's Address: Application for Variance Petition - 8~98 - Page 1 of MAR 2 ? 2001 COLLIER COUNTY COMMUNITy DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State __ Zip 'Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip, Name of Master Association: g~e_e-r ~t~k;,~ _~?~,~. Mailing Address l[OO t:~II4 State Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: g~tL I~ _~xc> trig>. I~r..Unit Section I i Twp. 4~5 Range ~t (s) '79z5 Property I.D. # Block (s) ~ Metes & Bounds Description: Application for Variance Petition - 8/98 Page 2 of 8 MAR 2 7 2001 Address of Subject Property: (If diffcrcnt from Pctflioner's adch'¢ss) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING w LAND USE Minimum Yard Requirements for Subject Property: i Front: ~ ~' Comer Lot: Yes Side: Waterfront Lot: Yes [~] No,~ No Application for Variance Petition - 8/98 Page 3 ~8 I~AR 2 7 2001 Nature of Petition Provide a detailed explanation of the r. quest including what structures are existing and what is proposed; the mount of encroachment proposed using numbors, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Z~ t 7-0 A t.~ co ,~'o r--. A/,J ~ DJ) t'r'xmt/ Application for Variance Petition - 8~98 Page 4 MAR 2 ? 2001 PS._ /'~ Please note that staff and the Collier County Plnnning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (l-g). (Please address this criteria using additional pages if necessal~.) 1. Arc there special conditions and circumstances existing which arc peculiar to the location, size and characteristics of thc land, structure, or building involved. PoT 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. ! ,/5 L.--FO . 01 3, Will a literal interpretation of the provisions of this zoning code work unne~essal'y and undue hardship on the applicant or create practical difficulties on the applicant. 4. WiLl the variance, if~ted, be the ~i.i~ variance that ~ ~ke possibl~ the reasonable use of thc land, builai~g or st~ct~¢ and which pro~ote stand.ds ofh~al~ s~f~ or ~lf~. Application for Variance Petition - 8~98 Page S of 8 4AR 2 ? 2001 $. 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. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. o Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 's MAR 27 2001 P~.~ VARIA~ CE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMENTS # o COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 fO/A- 4. Surve ofy__p_Lprape_~y_~, -"~-g +~: ..., ~,..,......,...t 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) AH existing and proposed structures (labeled as such) c) lqorth arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. .... r eets in area for 1 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 that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. - //Apl~licantffAg~A~i gnature / Oa~'e Application for Variance Petition - 8~98 Page 7 r8 I~AR 2 7 2001 lq Jif EXISTINC~ S.D.P. ~ ~JB-B~! ALLIED DOOIRS INC: I I I I MAR '2 7 2001 I EXECUTIVE SUMMARY PETITION PUD-99-21, MR. WILLIAM HOOVER OF HOOVER PLANNING, REPRESENTING LLOYD G. SHEEHAN, TRUSTEE, REQUESTING A REZONE FROM "A" AGRICULTURAL AND "GC" GOLF COURSE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS CASTLEWOOD AT IMPERIAL PUD ALLOWING FOR 34 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMPERIAL GOLF COURSE BOULEVARD AND APPROXIMATELY ONE-QUARTER MILE EAST OF TAMIAMI TRAIL CUS-41), IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.16 ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The proposed 21.16-acre project is a planned residential development that provides one tract for the development of single family residential dwellings types, recreational amenities and gate-house. The development strategy is to develop a maximum of 34 single-family dwellings, which results in a density of 1.61-units per acre. The PUD Master Plan indicates that the main access point to the project is from Imperial Golf Course Boulevard, which is a private road. As a result, the petitioner was required to furnish proof of legal access to use this private road. The project lands are located within the Urban-Mixed Use District, Urban Residential Sub-district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The base density for this district is 4 units per acre. Since the site is located within a Traffic Congestion Boundary, one dwelling unit per acre is subtracted from the base density. The project density shall be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density Traffic Congestion Boundary Maximum Permitted Density +4 dwelling units per acre - 1 dwelling unit per acre +3 dwelling units per acre *The petitioner has provided legal documentation (attached with application) that the developer could use this private access easement as iljustrated on the Master Plan. However, this access agreement limits the number of units that can be developed and prohibits the interconnection to the vacant agricultural lands to the north. Staffis of the opinion that the requested density of 1.61 units per acre is consist ent with the3 unitsper acre the si te is eligible to receive. _ l~,. ~,, ~-~a _~~ The relationship of the proposed development to the existing land uses includes a compatibility study of density. The surrounding densities of the adjacent developments are as follows: The Imperial Golf Course development to the east is approved at a density of 3 units per acre. To the south is a golf course while to the west is the undeveloped Imperial Lakes PUD allowing 403 units. The petitioner's stated intent is to primarily construct single family detached dwellings and with a maximum height of 35 feet, which is the same for the adjacent single family development to the east. The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 324 weekday trips at build-out. Based on staff's analysis, the project trips will not exceed the significance test (5 percent of the LOS "C" design volume) on Tamiami Trail CLIS-41). As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. It should be noted that US41 is currently a 4-lane arterial road north of Gulf Park Drive with LOS "D" as its minimum standard. The current traffic count for this segment is 44,047 and is operating at LOS "F". Since this deficient segment is currently under construction to a 6-lane facility, it is projected to operate at acceptable level of service at the build-out of the project. Lastly, Policy 9.3 encourages the interconnection of local streets between developments when feasible. Since the project abuts a golf course and an existing development with a private access road, an interconnection does not appear to be feasible at those locations. An interconnection to the vacant agriculture zoned land to the north was prohibited due to the projects access agreement to use Imperial Golf Course Boulevard (a private road). 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 fimds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilities · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $2,433 per unit $117.98 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit AGENDA ITEM No. MAR 2 ? 2001 For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757 per unit. Since this project proposes 34 units, the total amount of residential impact fees collected at build-out will total $93,738. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. 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. 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 valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem 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. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban-Mixed Use, Urban Residential Sub-district on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is to provide for higher densities in areas with fewer natural resource constraints and where existing and planned public facilities are concentrated. The base density has been reduced a one unit per acre since the site is located within a Traffic Congestion Boundary. The proposed density of 1.61 units per acre is less than the 3 units per acre the site is eligible to receive. Therefore, this PUD is consistent with the GMP. It should be noted that this rezone petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the GMP can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be in harmony 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: The Environmental Impact Statement (EIS) indicates that the subject site contains areas of natural pine flat-woods that are vegetated by various native and exotic species including cabbage palm and melaleuca. The site does not contain any wetland areas or adversely impact any wildlife issues. MAR 2 ? 2001 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Current Planning Environmental and Engineering staffs have reviewed the petitioner's application and has made the following determination. The site does not contain any wetlands or have adverse wildlife issues. As a result, this petition was not required to go to the Environmental Advisory Commission (EAC). The Environmental staff has reviewed this petition and their conditions of approval have been incorporated into the PUD document. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on March 1, 2001. They unanimously voted (8 to 0) 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. In addition, the Planning Commissioners deemed this petition to be consistent with the adjacent developments and with the Density Rating System of the Growth Management Plan. Since staff has not received any correspondence objecting to this project, this petition has been placed on the Summary Agenda. STAFF RECOMMENDATION: 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-99-21 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. AGENDA iTEM ,,,o. MAR 2 7 2001 PREPARED BY: SCZL6wS, mNCn, CURKENT PLANNING SECTION x~ONALI~ ~, AICP, MANAGER ~URREI~ PL .~qING SECTION tROBI~RT ~l. MU~HERE, AICP, DIRECTOR PL~/--i____~G SER~~ES DEP~TMENT /N"O~LMAN"'~,F~ER, ~, AD~ffNISTRATOR TRANSPORTATION'DIVI SIOtq DATE DATE D/ATE( APPROVED BY: JOH~M. DUNNUCK, Ill, INTERIM ADMINISTRATOR CO~TY DEV. AND ENVIRONMENTAL SVCS. PUD-99-21/EX SUMMARY/RVB/rb DATE 5 AGENDA ITEM Iqo. MAR B ? 2001 AGENDA ITEM 7-G TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: FEBRUARY 5,2001 PETITION NO: PUD-99-21, CASTLEWOOD AT IMPERIAL PUD OWNER/AGENT: Agent: William L. Hoover Hoover Planning 3785 Airport Road, Suite B Naples, Florida 34105 Owners: Lloyd G. Sheehan, Trustee 1751 Imperial Golf Course Boulevard Naples, Florida 34110 REQUESTED ACTION: To have the Collier County Planning Commission consider an application to rezone the subject site from its current zoning classification of "A" Rural Agricultural and "GC" Golf Course to "PUD" Planned Unit Development district to be known as the Castlewood at Imperial PUD. GEOGRAPHIC LOCATION: The prbperty is located on the north side of Imperial Golf Course Boulevard and approximately one-quarter mile east of Tamiami Trail in Section 14, Township 48S, Range 25E. (See location map following page). PURPOSEfDESCRIPTION OF PROJECT: The proposed 21.16-acre Planned Unit Development (PUD) is designed for residential dwellings around a lake and small preserve tracts. The building area will only comprise 3.4-acres supporting only single family residential dwelling types along with recreational amenities. If approved, the development plan will allow the following: 1. A maximum of 34 dwelling units with a density of 1.61 units per acre. 2. Open space that includes 15.4-acres while the preserve area is 2.8-acres, a 1.9-acre lake, landscaping and buffering totaling the minimum required 60 percent open space for residential PUDs. 3. Access point to the project is provided from the existing Imperial Golf Course Boulevard. 2 7 2001 ii SURROUNDING LAND USE AND ZONING: Existing: The entire 21.6-acre site is zoned "A" Agricultural and is currently undeveloped. Surrounding: North - Vacant wooded land, Zoned Agricultural. East - A drainage canal and then single family dwellings, Zoned: RSF-3 South - Golf Course and Imperial Golf Course Boulevard West- Vacant undeveloped land that is zoned Imperial lakes PUD allowing 403 residential dwelling units. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Residential Subdistrict and within the Traffic Congestion Boundary as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). FLUE and Density: The FLUE permits residential dwellings such as those units provided in the Castlewood at Imperial PUD. The project density shall also be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density Traffic Congestion Boundary Maximum Permitted Density +4 dwelling units per acre -1 dwelling units per acre +3 dwelling units per acre The PUD Document indicates that the project is intended for 34 residential dwelling units that result in a density of 1.61 units per acre. This proposed density is 1.39 units per acre less than the maximum of 3 dwelling units per acre the project is eligible to receive as noted above. As a result, staff is of the opinion that the requested density is consistent with the Density Rating System of the Growth Management Plan. MAR 2 7 2001 Transportation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 324 weekday trips at build-out that is projected to be in the year 2002/03. Based on staff's analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design roadway volume) on any County road at the project build-out. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. In addition, US-41 is currently a 4-lane arterial road north of Gulf Park Drive with LOS "D" as its minimum standard. The current traffic count for this segment is 44,047 and is operating at LOS "F". Since this deficient segment is currently under construction to a 6-lane facility, it is projected to operate at acceptable level of service at the build-out of the project. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Lastly, Policy 9.3 encourages the interconnection of local streets between developments when feasible. Since thc project abuts a golf course and an existing development with a private access road, an interconnection does not appear to be feasible at this location. Conservation and Open Space - The PUD document indicates that a combination landscape, lakes, water management areas, and qualifying open space areas exceeds sixty (60) percent of the gross land area. The PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC and by re- vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management - Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constmcttd, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, along with the Transportation Depathnent. The Engineering Staff has recommended that the petitioner provide a 20-foot lake maintenance easement in the PUD document. The Environmental Impact Statement (EIS) indicates that the site contains no wetlands and has areas of natural pine flatwoods that are vegetated by various native and exotic species including cabbage palm and melaleuca. The Environmental staff has developed conditions of approval that have been incorporated into the PUD document. Since there are no .wetland or wildlife issues, this petition is not required to go to the Environmental Advisory Commission (EAC). Lastly, the Transportation Department has requested that the streets within the development be private. MAR 2 7 2001 ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the 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 culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infi-astructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for furore land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the Board Of County Commissioners has reviewed similar rezone requests within "Density Bands" where there is an opportunity to approve a range of up to three (3) additional dwelling units per acre when deemed appropriate. The added density is primarily dependent upon the project's compatibility with adjacent land uses and the adequacy of infrastructure to support the additional units. Notwithstanding thc above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: 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 FLUE of the GIMP. In the case at hand, and based upon thc Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands to the east. The PUD Master Plan iljustrates a development permitting 34 dwelling units on the subject 21.16-acre site. The resulting project density of 1.61 units per acre is less than the possible eligible density of 3 units per acre. Therefore, the proposed residential project and its density are consistent with the FLUE. Relationship to Existing I~and Uses' The surrounding densities of the adjacent developments are as follows: To the north are agricultural lands that are approved at one unit per 5-acres while the base density permitted by the FLUE is 3 units per acre. To the east is the developed single family community at 3 units per acre. To the south is an existing golf course and to the west lies the undeveloped Imperial Lakes PUD that was approved at a density of 5.4 units per acre. Based on the intensitw and densities of the surronndint- developments, staff is of the opinion that the sub[net PUD is consistent with the surroundin1, developments. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of future dwelling units are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to construct single-family dwellings with a maximum height of 35-feet. Since the properties to the east are developed with a 35 foot limitation, this petition is consistent with the adjacent development. 4 MAR 2 7 2001 The PUD document also requires a rear yard setback of 20 feet for any principal structure, a side yard setback of 7.7 feet and a 10-foot setback for accessory structures. It should be noted that the PUD development strategy is one that only allows for a single family dwelling types. Development standards relative to the housing structure type are generally consistent with the standards for conventional residential zoning districts and with the adjacent PUD zoning districts. Staff is of the opinion that the project density is compatible with the adjacent properties. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. Traffic Circulation - Planning Services Staff recognizes the current deficiencies that exist on US-41 that will be further impacted by this and other developments in the immediate area. Nevertheless, required improvements and impact fees imposed on this and other developments should positively contribute to easing the burden of traffic impacts. Furthermore, the proposed extension of Livingston Road to the east will serve as a public urban collector road that will lessen the mount of traffic using US41. It should be noted that LIS- 41 is currently being improved to a 6-lane facility. Lastly, the 34 units proposed by this petition does not exceed the threshold on impact that supports a decision to deny or phase development even though the aggregate projects proposed in this area will have a significant impact on US-41. Utility Infrastructure - Both a public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. All development must comply with surface water management requirements invoked at the time of subdividing or SDP approval. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with US-41. Shopping centers, and medical offices of various specialties arc all within a short driving distance. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within this corridor. After considering the availability of community infrastructure and services it is clear that the development of thc subject property is timely and consistent with the GMP. PUD Document/Master Plan - The PIYD document is modeled after a County Planning Services Model PUD Document in terms of format, general provisions covering references to GMP and LDC, format for addressing land uses and development standards and development commitments. The PUD also contains all of the recommendations of reviewing staff. The development standards regulating the placement of residential structures are similar to the standards commonly employed in other PUD's, that by actual development practice has produced aesthetically pleasing communities. The PUD Master Plan is designed around a primary access point onto Imperial Golf Course Boulevard, which is a private road. To improve the relationship with adjacent land uses, the location of future dwelling units have been integrated around a lake and landscape buffers as depicted on the Master Plan. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-99-21 subject to the conditions of approval that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: ~LLOWS, PRINC~AL PLANNER CU ~ENT PLANNING SECTION ROI 7~L~IZ~ ~.~lq~N'~), AICP, MANAGER CURRENT PLANNING SECTION P,.mNn~o S~.RV~C~.S DEP*RmEm APP~V~BY" ~~7 JOH~I. DUNNUCK III, INTERIM ADMINISTRATOR core--m, ~.v. ,~ ,~,-n~o,~,~ sv~s. z.~ -o! DATE DATE DATE Petition Number PUD-99-21 Staff Report for March 1, 2001 CCPC meeting. MMISSION: ~/7~ MAR 2 7 2001 FINDINGS FOR PUD PUD-99-21 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) Development of land that has legal access, is adjacent to an existing single- family development is particularly suitable for single-family uses. Con: (i) Existing neighboring residents often perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and fxom their place of residence, increasing noise and pollution, and reducing property values. Finding: Jurisdictional reviews by County staff support the manner and pattem of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be reconunended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" 2 7 200f Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the GIMP. Con: None. 0 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 residential uses at a density of 1.61 units per acre that is consistent with the Future Land Use Element (FLUE) of the GMP. 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 has been designed to provide similar development standards as the approved residential developments in the area. In addition, landscaping and buffering has been provided to buffer the adjacent residential tracts. Con: None. Se e Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summar~ Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summarv Findin~: 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. Furthermore, 1. 3-41 fronting Imperial Boulevard is being improved to a 6-lane facility. ~ 2 NAR 2 7 200f e The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to extend the existing residential zoning that is adjacent to the site to the east. Since the subject site is located within the Traffic Congestion Boundary, this project looses one unit per acre for a maximum of 3 units per acre. Lastly, this project will not adversely impact any adopted level of service standard. Con: None. Summary_ Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infi:aslxueture is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD-99-21/RVB/rb 3 HAR 2 7 200! REZONE FINDINGS PETITION PUD-99-21 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. .Pro: i. The subject property is located within the Mixed Use Urban Residential District on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (A detailed study is contained in the staffreport.) .Summary Findings: The site is located within the Traffic Congestion Boundary. The adjacent uses include golf course to the south and single family to the east. The property to the west is an undeveloped mixed residential development that is zoned Imperial Lakes PUD. The possible creation of an isolated district unrelated to adjacent and nearby districts; ,Pro: The subject site is of sufficient size (21-acres) and is located within the Urban Residential Sub-district on the Future Land Use Map. In addition, the site is adjacent to an existing residential development. Con: None. EXHIBIT "B" HAR 2 ? 2001 Pi[. /7 e 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 uses by virtue of its consistency with the FLUE. 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 boundaries are logically drawn by virtue that the subject PUD provides an extension of the existing residential land to the east. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved residential land uses to the west and east along with the subject PUD's positive relationship to the GMP. Con: None. Summary~ Findings: The proposed change in zoning is appropriate since it is 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 east of the project. Con: (i) The location of the subject site 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 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 adjacent residential area. This includes limiting the density to 1.61 units per acre. 2 MAR 2 7 2001 e Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (See Staff Report) (ii) The property has legal access (See attached legal documents) thereby providing access to Imperial Boulevard which connects to the arterial road network over which traffic from this 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 mn construction traffic made necessary for development may be irritating to local residents. Summary Findings: 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, traftie signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. _ 2 7 2001 5 Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the south. In addition, the maximum height for the structures as provided for in the PUD is similar to the maximum height permitted within the nearby projects to the south and west. The overall development standards are compatible with the standards listed for the similar residential districts in the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. 10. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. 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 factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findin_~s: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined wl 4 MAR 2 7 2001 12. 13. 14. 15. administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 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 Findinl~s: 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. .Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; 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 adjacent subdivision to the east may feel that the proposed change is out of scale with the neighborhood. However, no objections to this petition have been received at this time. Summary 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 County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. I~AR 2 ? 200! Summary Findines: 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 infi'astructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infi'astmcture improvements. Summary_ 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 County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary_ Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petitions 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 FINDINGS R-99-2 I/RVB/rb MAR 2 7 2001 APPLICATION FOR PUD REZONE PETITION NO. P U D 9 9 - 2 1 '" Itl~..~a~$ 79991, Applicant Name (Agent): William L. Hoover, AICP, of Hoover Planning Address: 3785 Airport Road North, Suite B, Naples, FL 34105 Phone: 403-8899 Fax: 403 -9009 Property Owner (Petitioner) Name and Address: Edward R. Bryant, Jr., P.A., 700 Eleventh St. South, PH II, Naples, Florida 34102 Phone: 643-4888 and Lloyd G. SheeharL, Trustee, and Nancy Sheehan, Trustee, 1751 Imperial Golf Course Blvd., Naples, Florida 34110 Phone: 732-9885 Detailed Legal Description of Subject Property: Section 14 Township 48S Range 26E See attached legal description. Property Identification #: O0151880001, O0151840009, O0151800007, O0152160005. Size of Property: 670 Feet x 1330 Feet = 21.16_+ Acres General Location of Subject Property: On the northern side of Imperial Golf Courm Boulevard, approximately 1.25 miles east of North Tamiami Trail. Adjacent Zoning and Land Use: ZONING N - Agricultural S- Golf Course & ROW E- RSF-3 W - Imperial Lakes PUD LAND USE Vacant Wooded Land. Golf Course then Imperial Golf Course Blvd. Drainage Canal and then Single-Family Homes. Vacant Residential PUD (78.2-Acre PUD Approved for 430 Residential Units Existing Zoning: Agricultural. Proposed Land Use or Range of Uses: PUD with Permitted Uses of single-family homes. Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. ~AR 2 7 2001 Has a public hearing for a rezone been held on this property within the past 12 months? If yes, please write the rezone application number. No. Is this property curremly vacant? No. land use and all existing structures. If the answer is no please describe the currem The Sheehans live on a single-family detached home that is located on the western lO- acres. Signature of Petitioner Date * If petitioner is a corporation other than a public corporations, so indicate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of comract, and indicate actual owner's name and address. The petitioners are trustees for land trusts. The land trust's beneficiaries are shown on the following pages. MAR 2 7 2001 EXHIBIT "A" LEGAL DESCRIPTION OF ROYAL IMPERIAL ESTATES PUD The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The West 1/2 of the East 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Fiodda. Commencing at the Southwest corner of the East 1/2 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Sly 144.69 feet, South 81007'08'', West 82" to a point of a curve to left along the arc of the curve 68', North 37056'30" West 184.74', North 88057'50", East 250', to the Point of Beginning. MAR 2 7 2001 NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed Rezoning of Approximately 21 Acres of Land Located North of Imperial Golf Course Boulevard in Sec. 14, Twp. 48, Rng. 25, Collier County, Florida To Whom It May Concern: Please be advised that Jack Abney Environmental Consulting Services, 82 Johnnycake Drive, Naples, Florida 34110; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Davidson Engineering, 2009 Trade Center Way, Naples, Florida 34109: have been engaged by the prope,ly owf3er shown below to act as authorized agents and to request necessary applications during the Rezoning petition process, Site Development Plan/Subdivision review processes, and Environmental Resource Permitting process for the subject project. The property owner also acknowledges the formal applicants have unified control over all of the 21 acres of land shown within the proposed rezoning. Sincerely, - LI~3~/d~G. ,~heehfi-n, Trustee Nancy Sheel~an, Trustee STATE OF /~. ~/~ / .~ A COUNTY OF (~ O2_L_ ! ~ ~ The foregoin~q instrument was acknowledged before me this /=~ day of who is/are personally known to mepr have produced as identification and who did (did not) take an oath. 15rinte8 Name My Commission Expires: ,,'=.. / ,( .... , SEAL MAR 2 7 2001 Edward R. Bryant, Jr. Attorney at Law Floresta Building, Penthouse Il 700 Eleventh Street South Naples, Florida 34102 Telephone (941) 643-4888 Fax (941) 643-4458 May 20, 1999 Bill Hoover Hoover Planning 3785AirportRoad North, Suite B Naples, Florida 34105 Re: Royal Imperial Estates Dear Bill: The follcx~ing individuals are beneficiaries of the Trusts: Janis S. Hudson 266 Fairway Circle Naples, Florida 34110 Elizabeth W. Bryant Wesley F. Bryant April E. Bryant Edward R. Bryant III Estelle Wells (deceased) and Elizabeth W. Bryant with joint rights of survivorship c/o 700 llth Street, PH-II Naples, Florida 34102 I have enclosed the following: (1) Copy of deed to Greater Imperial Board showing easement reserved. (2) Easement by Final Judgment, Case No. 96-3381-CA-01, entered 11/4/96 in O.R. Book 2248, Page 0269, Public Records of Collier County, Florida. Also enclosed is my check payable to the Cuit,,~ssioners in the amount of $3,025 Authorization/Unified Control. Board of Collier County and Notarized L~tter of Should you require additional information, please do not hesitate to coi~u,unicate with me. I 1 1~: 52 HCFI. ORA SUN REALTV 3301 DaViS Boulevs_wd, b-'uJ_%e 205 Naples, F~arfda 33942 Without O~inton and Without B~n~fit of Examinaticn of Title 1D=9415979325 2112594 OR: 2243 PG: 1233 10/25/96 at ~4:IOP~ DUI~ B. BROC[, CL~RK DOC-.70 19.~0 by WRIS~ .F~ES, INC. a Florida oorporaticn, ~, to ~ C~JLT~ ~ ~ ~id ~ for ~ ~ ~Ide~ of ~ ~ of ~ ~~, ~e ~i~ ~f is h~ ac~l~, ~ ~ ~, ~1~, ~ ~t~la~ ~to ~e ~id ~~ fo~, ~1 ~ rf~t, foll~ d~~ 1~, pi~ or ~t of 1~, si~, !y~ ~ ~ Ia Description - ~ itta _ah!~_~ Dd~ibit "A" ~bj~t to - S~ Attached Fah/b_tt "B" ?ax F~lio No. ~ HAVE A~ /~ HOLD th~ sam~ %:cjether with ali estata, right, title, interest, lien, ~qutty and claim ~hatsoeve~ of the said GRANTOR ei%~er in law or equity, to th~ only pmzgar behoof of tbs said GR.~3rrEE fore,er. and "C~ANTEE" are uset fcr singular ~r plural, as e..,,',~___~ by the tn~_~rsigT~ed officer in said cmpacity th~ day ar~ y,~r first ab~e wrtttan. signed h~! Grantor Ln fha p~ of: WHISPERD[i FIN~, L-'~., a Flc,r!d~ corpor~ti~n MAR Z 7 2001 11-86-96 MC;FLORA SUN REALTY ID=9415979325 STATE OF CEL~ OF ~/?~ MAR 2 7 2001 ,,,. ~ . 11-0fl-96 14:54 MCFLORA SUN REALTY ID=94159?9~25 ~J~ AC,OF. SS ~T L'iiNG 1~ ~ $Ol..rrH iikI.,F (S I/a) ~F a~O~ 15 ~0 ~ SO~~ ~S~ I/~) OF ~E~ION t~, ~NS~P 40 SOUTh, ~NGE 25 ~, CO~ CO~, ~D~ ~0~ PAR<OJ~RLY DESCRIBED AS FO~a ~0~ ~'5OU~'CO~BR OF-S~D ~ON 15 R~ N '~'~' ~U~ ~G~AY il); T~N~ RUN :,, ~.- E ~R !5.38' TO ~ E~RLY RIGh~ OF ~AY OF ~A~ ROAD ~5 ' ~ ~ O~SU'lO'' N ~>NG 'C~ ~Y ~GHT OF ~AY OF ~AJD b~ITB RO~ 4~ FOR 7~0.I1 F~ L~HNG ~0' ~C~ SiDZ O~ i CZ~TZ~Z RU~I~G ~ 8¢~0'0S" Z FOR i DIe'CZ OF ISS,O0 F~; IO~TIHU{~C ~80 ~8 05 Z FOR ~l~,O0 FRZT: T~ ~HDER OF E~D ~HRHT CO~TiNUE~ IT i HO' 'tqTH 'A P~IUS OF 600.00 ~ <~i0~ B~NG -~ V0"5I'!8'' ~. ~ORD Dt~ - U~2,t2 F~) FOR ,,~,~.~ r=~ ~ POINT OF T~GENC/: T~NC~ RUN N 5t044'31'' Z POR !02.90 P~ TO A POINT CURVATURE, ~E~I~ RU}I NOR~P~Y ~D ~LY ~NG T~ ~C OF A ~ TO ~ PJC~ 'tT~ ~ ~iDIUS OF 800,00 ~ (CHO~ BE4~NU N ?0'28'U6" R, CHORD D{~N~- 985.42 ~) FOR 392,38 ~ ~ A POINT OF T~G~: T~N(',B RUN N 89~1~'{1' E FOR 15V~,59 ~; T~NC~ 8~0~ 5~ ,Z ~R i~{5.~ ~ ~ i PO~T OF CURVlTU~: T~CZ RUN ~V ~D ~,~G 7~ ~C OF l ~ ~ ~ ~ ~Td A ~IUS OF GOO.U0 ~ (CdORD B~G - N62~46'02'' Z, CI[ORD DiST,UiCB - 5~.58 P~) POR 551.83 FR~ TO A POIlqT OF T~GBN~; T{BNCR RUN ~1" ~' ~.,':~'l. ~ FOR ~nn~,~"n F..T TO A POINT OF CURVATURE: T~N~ RUN NORthlY ~NG ~ a~ t CURV~ '['0 TI~2 ~UH'!' WITN i ~l~lLi~ OF UO0.OO Y~T (C~O~ B~NG - N58~4U'IE' ~. cHo~!~ ~{~ - 458.UJ '~ ) ~R idS.0~ ~ TO ~ POINT OF TANG~; ~ R~ N 81~07'08~ a,$.OV Fi~ ~ ~ PONT ON SaD RO~IIY C~N[, SaD POINT B~G S 0~00'00.5'' Z ~0{ , ~l~l.~, CO~ OF H~ ~ [~ (E I/2) OF ~B SO~I~ QU~ (~ 1/4) OF S~D ~ON ~ SDE OF A ~E BD~G N 81~47'08'' E"A D}~ OF 664.28 ~ TO t PO~T OF ~VA~RE: %~CZ NORT~iS~LY ~ND ZIi~Y i~NG ~ iRC OF i C~Z ~ ~ RIG~ ~ i ~[US 1,425.0' <CHORD 5~]NG N 83~09'~1' E. ~tORD DI~ 68.59 ~) FOR 68.60 ~ TO A POINT OF CORVA~RE: T~CZ 'NORmalLY ~D ~RLY A~NG ~ CORVAY~; T~ NO~~RLY tND EASTERLY ~N8 T]Z ~C OF I CURVE TO' TiZ ZGI~ ~T{I ~ ~[US OF 1,425.0 FE~ H~ING N 88~45'30'' E, CHORD Dl5?~ 209.48 ~) FOR 209.87 ~ TO ~ ~D POINT OF ~; A~ THAT PAR~ OR ~l~ OF liND ~0~ PIRTICU{ARIS DE~B~ iS ~ ~0~ ~,~ IN O.R, DOOK 008, PAGE 1903, ~ SEQ., OF ?U]3LJC RECOP,.DS OF CO~ COL]lTl'Y, FLORiDA. .4ND gXHII31T A2; ~CTION I,t, TO~,N$111~ ~.O,a ~ CNR El/2 OF' ~ SEC 24, SLY 144.89 FT. S 81 DEH 0.TFT 08FT, i[ 82 FI', TO PT .~ .aRC OF CRV 88P1', N ti7 DEG 58~ tiO IN ~ 184.7471', lq 88DEG 57FT .50J. N ~_'. OR 772 PG i o,qE AND I~fl-{lB[T AU; SECITON {4, TO.,Si-lIP 48, RANGJ~ 25. RF,,G !~ERJ.4L CIRDENS CONDO PI4 l, S 89DEG lZ ~95FI'. N 50 Fi' TO POB, iq 38 DEC Z ',OO.O] ~T, $ 88 DgG W 129.24 F'r TO POB, OR 772 PG 1038. ? MAR 2 7 2001 ,~._ ~ 11-~6-96 i~:56 HC:FLORA SUN ~EALT¥ 1D=9415979325 q~{IS ~ IS GIV"~N ~ THE SPECIFIC U~~ING OF ALL PARUIk'~ HERETO ~ ~ G. ~, ~ ~, ~ R. ~, ~., or ~~ ~/4 OF ~ ~ 1/4 OF ~~ 14, ~~ 48 ~, ~ ~ ~ ~ ~~ ~ ~ 1, 2, 3, 4 ~ 5 OF ~ ~ ~ ~ ~ ~ OF ~ ~, ~ ~~ ~~Y. TRITS~, UJLY HEY/DRUED IN O.R. BOOK 2219, PA~'t~ 436 THI%C~ 442, OF THE 93BLIC RECSD~S OF OOr.r.?ER CCUL'IY, FIDRI~A. AC,,ENO~ ~ MAR 2 7 2001 NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed Rezoning of Approximately 21 Acres of Land Located North of Imperial Golf Course Boulevard in Sec. 14, Twp. 48, Rng. 25, Collier County, Florida To Whom It May Concern: Please be advised that Jack Abney Environmental Consulting Services, 82 Johnnycake Drive, Naples, Florida 34110; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Davidson Engineering, 2009 Trade Center Way, Naples, Florida 34109; have been engaged by the property owner shown below to act as authorized agents and to request necessary applications during the Rezoning petition process, Site Development Plan/Subdivision review processes, and Environmental Resource Permitting process for the subject project. The property owner also acknowledges the formal applicants have unified control over all of the 21 acres of land shown within the proposed rezoning. Sincerely, R. Bryan/, J~., Trustee STATE OF F~O~A COUNTY OF The fgregoing instrument was /~ , 199_ by who is/~re personally known to me or have produced as identification and who did (did not) take an oath. acknowledged before me this EDWARD R. BRYANT~ JR. personally known day of N/otary Public Rachel C. Adams Printed Name My Commission Expires: SEAL RACHEL c ADAMS APR 18 2001 MAR 2 7 200! real estate shall be conclusive evidence in favor of every per~ relying upon or claiming under any such conveyance, lease or other instrument (al that at the time of its delivery the trust created by this Indenture and by the Trust-.Agreement and Declaration of Trust was in full force and effect, (b) that such conveyance or other instrument was executed in accordance with the trusts, conditions and limitations contained in this Indenture and in the Trust Agreement and Declaration of Trust 'and is binding upon all beneficiaries under such instruments, {c} that Trustee was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument and (d) if the conveyance is made to a successor or successors in trust, that such successor or successors in trust have' been appointed properly and vested fully with all the title, estate, rights, powers, duties and obligations of the predecessor in trust. Any contract, obligation or indebtedness incurred or entered into by the Trustee in connection with the real estate may be entered into by it in the name of the then beneficiarie: under the Trust Agreement and Declaration of Trust, as their attorney in fact, by this Deed irrevocable appointed for such purpose, or, at the election of Trustee, in its own name as Tr~ of an express trust and not individually and Trustee shall hay( no obligation whatsoever with respect to any such contract, obligation or indebtedness exc, pt only so far as the trust and funds in the actual possession of Trustee shall be appli for its payment and discharge, and all persons and corporati whomsoever and whatsoever shall be charged with notice of this condition from the date of the filing for record of this Deed. The interest of each and every beneficiary under thi Deed and under the Trust Agreement and Declaration of Trust referred to previously and of all persons claiming under them any of them shall be only in the earnings, avails and proceeds arising from the sale or other disposition of the r( and such interest is declared to be personal proper1 MAR 2 7 -2- ~:':'i!~bl. ene'~i-c:tary under thts Deed shall have any tttle or Interest, --'=.~iq~ji~:i~::'.~..e~quttable, tn Or to the real estate as such but only ~an:-~fiterest tn the 'earnings, avails and proceeds from such rea e~:~-..~$ ~foresat d. And the Grantor by thts Deed fully warrants the ttt] to the .above-described real estate and wl]1 defend the ttt]e ~gatnst the lawfu] clatms of ail persons whomsoever. IN ~TNES5 ~HEREOF, the ~rantor aforesaid has execut~ this ~nstrument thts ~ day of ~ , 1973. Signed in the presence of: COUNTY OF '~ I HEREBY CERTIFY that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgments, personally appeared the above named Grantors, to me known to be the persons who executed the foregoing Warranty Deed to Trustee under Land Trust Agreement and acknowledged before me that they executed the going Warranty Deed to Trustee under Land Trust Agreement. WITNESS my hand and offlcia~ the State and , lg73. nty named above this ~J~day of . : c:, '. : c. : My Commission Expl re~;?,~ p:.!~, tt,~ ~,~ n.:~, ,t ~, : .: ~.:.I~$'TRUHENT PREPhRAT~O~ BY: Suite 7, Balch Building Third Street South Naples, Florida 33940 -3- M COLL~ 27 *ir 2096786 OR: 2227 PG: 0457 t~llllJi Il: OI:,IW M/4HT I. UOCI[, nC m 15.H ~ ~U/ZOS forth~a~Exhibit OR: 2227 PG: 0458 ~AR 2 7 2001 OR: 2227 PG: 0459 South, ~ 25 w~-t, Szy.~44.~9 feet, .S?ut~. SZ ~ 07' 08#, We~'t 82# to a point of a curve ~o ~ the arc of curve 68', North 37 ~ 56' 30" ~ 184.74', North 33 ~ 57' 50", l~:t 250', to ~ Property ID No. 001521& 000,~ MAR 2 ? 200! U~£1i~¥ Provig£on= for Conditional Uses and Rezones Mr. LLoyd Sheehan (Project' Royal Imperial Estates) -~. NACRE: ADDRESS: 1751 Impedal Golf Course Boulevard PUD99- 21'. Naples, FI 34110 3. LEGAL DESCRIPTION: See Attached Description P~ONF~: 941 597 6212 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED {Check applicable system): A. COUNTY SYST~ X B. CITY SYSTEM. C. FRINCHISED SYSTEM N.~ME: D. PACKAGE TREATMENT PLANT CAPACITY ~GFD) E. SEPTIC SYSTEM 5, TYPE OF WATER SERVICF TC BF PROVIDED (rheck applicable system): A. COUNTY SYSTEM X B. C5T¥ SYSTEM C. FRINCHISED SYSTEM ~AME: D. PRIVATE SYSTEM 6. TOTAL POPULATION TO BE SERVED: 147 Cap~a 7. PEAK ~ND AVEPJ~.GE DAILY DE~%ANDES: 1. WATER-PEAK 90552 GPD(63 GPM) AVER.~C_,E o~.I~.Y 22638 GPD 2. SEWER-PEAX_SS,.BQ_0..G_P.D_(40.8 GPM) kVEk~Z DASLY 14,700 GPD 8. IF PROPOSING TO CONNE~T TO COLLIER CCUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: May, 2000 9. Provide a brief and concise narrative and schematic irawing of the sewage treatment process to be used as well as a specific stateme~L regardino t~e me~hod of a~fluent and sluage disposal, if percolation ponds are to be used, then percolation dat~ of soil involved ~hall ~e provided frox tests prepare~ by a professional eugineer. -1- NAR 2 7 2001 LIST OF PROFESSIONALS WORKING ON PUD REZONINC Jeff Davidson, P.E., Davidson Engineering, 2009 Trade Center Way, Naples, FL 34109 Phone # 597-3916 Fax/t597-5195 Jack Abney, Environmental Consulting Services, 82 Johnnycake Drive, Naples, FL 34110 Phone/1 566-3711 Fax/1 566-3711 William L. Hoover, AICP, Hoover Planning, 3785 Airport Road N., Suite B, Naples, FL 34105 Phone # 403-8899 Fax # 403-9009 PUD99- 21 '~ ~' MAR 2 7 2001 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 MAPS NUMBERED 8514N AND 8514S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE AND "CRC" GOLF COURSE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CASTLEWOOD AT IMPERIAL PUD TO ALLOW FOR 34 SINGLE FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMPERIAL GOLF COURSE BOULEVARD IN SECTION 14 TOWNSHIP 48 SOU'I~, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.16+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover of Hoover Planning, representing Edward R. Bryant, Jr., P.A., and Lloyd G. Sheehan, Trustees, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Agriculture to 'PUD' Planned Unit Development in accordance with the Castlewood at Imperial PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8514N and 8514S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ATFEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjo~ M. Student Assistant County Attorney PUD-99-21 ODINANCE/RB/im ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN -1- 2 7 2001 CASTLEWOOD AT IMPERIAL PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: EDWARD R. BRYANT, JR, PA, TRUSTEE 700 ELEVENTH ST. SOUTH, PH II NAPLES, FLORIDA 34102 and LLOYD (3. AND NANCY SHEEHAN, TRUSTEES 1751 IMPERIAL GOLF COURSE BOULEVARD NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FL 34105 and JEFF DAVIDSON, P.E. DAVIDSON ENGINEERIN(3 1720 J. & C. BLVD., SUITE 3 NAPLES, FL 34109 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" August 9~ 1999 January 5~ 2001 MAR 2 7 2001 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS PAGE ii III 1 2 4 7 10 ii MAR 2 7 2001 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" LIST OF EXHIBITS PUD MASTER PLAN PUD WATER MANAGEMENT/UTILITY PLAN LEGAL DESCRIPTION iii ~AR 2 ? 2001 STATEMENT OF COMPLIANCE The development of approximately 21.16_+ acres of property in Collier County, as a Planned Unit Development to be known as Castlewood at Imperial 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 residential facilities of Castlewood at Imperial PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: o The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The Project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code, as set forth in Objective 3 of the Future Land Use Element. The Project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The Project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Project is located within the Urban Residential Mixed Use. The projected density of 1.61 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Traffic Conqestion Boundary Maximum Perrnitted Density +4 -1 3 dwelling units/acre dwellinq units/acre dwelling units/acre All final local development orders for this. Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. MAR 2 7 2001 1.1 1.2 1.3 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 Castlewood at Imperial PUD. LEGAL DESCRIPTION The subject property being 21.16+ acres, is located in Section 14, Township 48 South, Range 25 East, and is fully described in Exhibit "C". PROPERTY OWNERSHIP The subject property is owned by 4 separate land trusts: Edward R. Bryant, Jr., P.A., 700 Eleventh St. South, PH II, Naples, Florida 34102 is trustee of 2 parcels, that are both 5.11 acres and in separate land trusts, and comprise approximately the eastern 1/2 of the PUD. Lloyd G. Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is trustee of a 10.22-acre parcel that comprises approximately the western 1/2 of the PUD. Nancy Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is trustee of a 0.72-acre parcel that is essentially the access parcel onto Imperial Golf Course Boulevard. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject ProPerty is located on the north of Imperial Golf Course Boulevard, approximately 1.25 miles east of North Tamiami Trail, in unincorporated Collier County, Florida. Bo The entire project site currently has Agricultural Zoning, with an estates type single-family home on the western half, and is proposed to be rezoned to PUD. MAR 2 7 2001 1.5 PHYSICAL DESCRIPTION 1.6 1.7 The project site is primarily located within the Cocohatchee River Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the existing Imperial Golf Course System. Natural ground elevation varies from 11.1 NGVD to 12.1 NGVD; average site elevation is 11.5 NGVD. The entire site is located within FEMA Flood Zone 'X" with no base flood elevation specified. The water management system of the Project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge into the Imperial Golf Course system. The water management system will be permitted by South Florida Water Management District (SFWMD). All rules and regulations of SFWMD and Collier County will be imposed upon this Project including but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD rules; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #17 - Basinger Fine Sand. Site vegetation on the eastern half of the site consists primarily of Slash Pine and Saw Palmetto. The western half of the site has an existing single-family home on an estates type lot with scattered Slash Pines and mowed grass. PROJECT DESCRIPTION The Castlewood at Imperial PUD is a project composed of a maximum of 34 residential units. These residential units are planned on being developed as single-family detached homes. Residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality 'screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as "Castlewood at Imperial Planned Unit Development Ordinance". NAR 2 7 2001 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 Ao Bo Eo Regulations for development of Castlewood at Imperial PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the 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 effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of Castlewood at Imperial PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall 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. MAR 2 7 2001 ,,,. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES 2.4 2.5 2.6 A maximum of 34 dwelling units shall be constructed in the residential areas of the Project. The gross project area is 21.16+ acres. The gross project density shall be a maximum of 1.61 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. 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 infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Bo Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR oFF-SITE REMOVAL OF EARTHEN MATERIAl The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a 'Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, NAR 2 7 2001 Bo whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All road impact fees must be paid prior to the removal of material for off-site transport. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. MAR 2 7 2001 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITR The maximum number of residential dwelling units within the PUD shall be 34 units. 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. Permitted Principal Uses and Structures: 1. Single-family dwellings. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: Customary accessory uses and structures including garages and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 7 HAR 2 7 2001 3.4 6. Water management facilities, including such facilities within any Native Habitat Preserve Areas. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. 8. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. 9. Any other accessory use deemed comparable by the Development Services Director. DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. Do Eo Minimum Lot Width: 1. Interior Lots: Eight-five (85) feet. 2. Corner Lots: Ninety-five (95) feet. 3. Cul-de-sac Lots: Seventy-five (75) feet. Minimum Yards: 1. Front Yards: Twenty-five (25) feet. 2. Rear Yards: Twenty (20) feet. 3. Side Yards: Seven and one-half (7.5) feet. Maximum Hei,qht: 1. Principal Structures: Thirty-five (35) feet. 2. Accessory Structures: Twenty (20) feet. Minimum Floor Area: NAR 2 7 2001 Fo Jo Eighteen hundred (1800) square feet of air-conditioned area. Off-Street Parkinq and Loadin.q Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. ^ minimum of 3.7 acres of native vegetation shall be preserved on- site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan identifies 2.6 acres. The remaining acreage (a minimum additional 1.1 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation-sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. Landscapin,q and Bufferinq Requirements: If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. Architectural Standards All lighting, signage, and landscaping shall be architecturally and aesthetically unified throughout the common areas of the subject site. o All pole lighting, internal to the Project, shall be architecturally designed and limited to a height of thirty (30) feet. Siqns Signs shall 'be permitted as described within Division 2.5 of the Collier County Land Development Code. MAR 2 7 2001 4.1 4.2 4.3 SECTION IV DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the commitments 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, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. 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 follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 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 insure the continued operation and maintenance of all service utilities and all common areas in the Project. 10 NAR 2 7 200! 4.4 4.5 4.6 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 projected to be completed in one (1) or two (2) 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. Monitorin,q Report: An annual monitoring report shall pursuant to Section 2.7.3.6 of the Collier County Land Code. ENGINEERING be submitted Development This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT Ao Bo Co A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the Subdivision Construction Plan submittal. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Subdivision Construction Approval. An Excavation Permit will be required for the proposed lake(s) as described within Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. The setback is measured from the lake control elevation. Nothing may be placed within the lake maintenance easement. Developer shall cooperate with the County Stormwater Management Department with the dedication of a drainage easement in the southeast 1! NAR 2 7 2001 4.7 4.8 4.9 4.10 corner of the project to serve as an extension of the drainage facility located within the adjacent existing 100 foot drainage and utility easement in the Imperial Golf Estates Phase I Subdivision. The stormwater management system shall be designed in compliance with the North Livingston Road Drainage Basin. The Collier County Public Works Department will review the subject stormwater design for compatibility with that Basin, prior to construction plans approval. UTILITIES 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. TRAFFIC Road Impact Fees shall be paid in accordance with Ordinance 2000-56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 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. ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and Collier County wetland rules. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the Project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements £_. MAR 2 7 200 Co dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. A minimum of 3.7 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan identifies 2.6 acres. The remaining acreage (a minimum additional 1.1 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation-sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. ]3 NAR 2 ? 2001 , ~,~,, ill ~:,~ ~'~'~11:~11 _ -. ~ ~~~ : ' 2001 LEGAL DESCRIPTION The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The West 1/2 of the East 112 of the South 1/2 of the Southwest 114 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Fiodda. Commencing at the Southwest comer of the East 1/2 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Sly 144.69 feet, South 81°07'08", West 82" to a point of a curve to left along the arc of the curve 68', North 37°56'30" West 184.74', North 88°57'50", East 250', to the Point of Beginning. EXHIBIT "C" MAR 2 7 2001 ~. ~ .. EXECUTIVE SUMMARY PUD-98-14(1), GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING GRANADA SHOPPES ASSOCIATES, LTD., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT HAVING THE EFFECT OF AMENDING THE PUD DOCUMENT AND PUD MASTER PLAN TO ADD A HOTEL AS AN AUTHORIZED USE AND TO REDUCE AUTHORIZED RETAIL AND OFFICE SPACE IN LIEU OF SAID 175-ROOM HOTEL, FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND IMMOKALEE ROAD (S.R. 846) IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.23+ ACRES. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The property is located in the SE quadrant of Tamiami Trail N. (U.S. 41 N) and Immokalee Road (CR 846) comprising thirty-nine point two (39.2) acres of land with frontage in excess of 1,000 feet along Tamiami Trail N. and Immokalee Road. The purpose of the amendment is to add as a permitted use a hotel, to mnend the setback requirement for buildings on a parcel specific side fronting on N. Tamiami Trail/U.S. 41 N. from 40 feet to 25 feet and to exempt from setback requirements streetscape amenity features. The amendment to add the hotel as a permitted use is structured to require the reduction in floor area authorized for general commercial and office space from 300,000 to 280,000 gross square feet and 90,000 to 10,000 gross square feet respectively. Should a hotel not be developed, then said original authorized gross floor area would remain. The property is located within the area designated for Urban-Mixed Use Activity Center purposes. Land use allowed in designated "activity centers" include but are not limited to all types of commercial land uses as described in the Land Development Code for C-1 through C-5 permitted and conditionally approved land uses, or as otherwise approved by the Board of Commissioners for bona-fide commercial land uses otherwise not accounted for in the LDC. At 39.2 acres the project includes all of the land designated activity center. gAR g 7/2001 consistency evaluation with applicable elements of the GMP advises as follows: The amendments do not affect any of the consistency evaluations that were made when the original Ganada Shoppes PUD was adopted. Should the hotel be constructed, the commensurate reduction in retail and office space would result in a slight reduction to automobile traffic movements from that otherwise attainable. Land Use Revision- Given the advanced stage of development no purpose would be served in reassessing the appropriateness of land uses. The majority of the site is under development for the approved uses. The addition of a hotel as permitted use in the opinion of staff is certainly compatible with the current PUD development strategy. The general intensity of the permitted uses in this PUD in standard zoning classification terms is C-4. It should be noted that hotels are permitted uses in the C-4 zoning district. In order to offset the impacts of additional traffic generating characteristics the PUD provides for a commensurate reduction in retail and office authorized gross floor area in the event a hotel is constructed. The commensurate reductions in the gross floor area will result in slightly less traffic being generated by the addition of the hotel and commensurate reduction in floor space. Therefore, Granada Shoppes with the addition of the hotel will have less of an impact on the arterial road network. Development Standard Amendment- The current Granada Shoppes PUD document requires a minimum setback for buildings fronting the N. Tamiami Trail/U.S. 41 N. of forty (40) feet. The amendment proposes to reduce this setback as it applies to a specific parcel of land currently under construction for a restaurant (Ramano's Macaroni Grill). The requested setback is twenty-five (25) feet. A substantial portion of the Granada Shoppes Site Development Plan contains open space features along the N. Tamiami Trail while other out parcels fronting N. Tamiami Trail will be unaffected by the revision. The amendment to the setback requirement as it applies to the Macaroni Grill site is made necessary because staff review of a Site Development Plan failed to realize that the building was closer to the N. Tamiami Trail than otherwise allowed (i.e. 35 feet versus 40 feet). However, the developer further compounded the problem by setting the building approximately 30 feet from the N. Tamiami Trail. This error came to light as a result of the required "spot survey" approval. Consequently, further construction was halted. Given the parcel specific nature of the request, in that the setback application is limited to 180 feet of the otherwise 1700 linear feet of frontage which is part of the Granada Shoppes development on the N. Tamiami Trail we do not feel this rises to any negative significance level. As indicated, an amenity open space feature lies immediately north of the subject property which together with other open space features along the N. Tamiami Trail should help in maintaining the quality of the view to the highway user. Additionally, the fact that no front loaded parking is to be allowed within the amended setback and the reduced setback will be totally landscaped should again ameliorate the view to the highway user. One should also appreciate the fact that conventional zoning districts require a 25 feet setback. The entire west side of the N. Tamiami Trail is subject to a 25 foot setback requirement. AGENDA ITEM NO. MAR g 7 2001 pQ. The developers have agreed to increase the perimeter space requirement for the hotel along the south side of the property contiguous to Pelican Marsh to a minimum building setback of 75 feet. If should be noted that the Pelican Marsh/Bay Colony golf course lies contiguous to this property line. No one spoke or otherwise communicated any level of objection to this petition. FISCAL IMPACT: These amendments will have minimal effect on previously calculated impact fees since the adjustments and additions off-set one another. Adjustments to development standards have no fiscal impact. GROWTH MANAGEMENT IMPACT: These amendments do not have any Growth Management impact as confirmed by the above described consistency analysis. ENVIRONMENTAL ISSUES: Environmental issues were addressed in the original approval. The proposed modifications have no additional environmental impact. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommended approved of the modification to the Granada Shoppes PUD as requested by the applicant. EAC RECOMMENDATION: This petition was not heard by the EAC inasmuch as the issues it dealt with did not involve matters jurisdictional by within the EAC's purview. CCPC RECOMMENDATION: This petition was heard by the CCPC on March 1, 2001. They unanimously recommended approval to the BCC within modifications for an increased landscaped buffer for the remainder of the N. Tamiami Trail, and the south sides of the project boundary. These modifications are reflected in the PUD document included with this executive summary submission. 2001 PI~ARED BY: CURRENT PLANNING MANAGER DATE /)REVIEWED BY: RoBER~-~J. MULItERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE REVIEWED BY: ' ":' ~N(~RMAN E..FEDER, AICP TRANSPORTATION ADMINISTRATOR DATE / APPROVED BY: /~ JoHN~I. DUNNUCK, III, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. g/admin/PUD-98-14( 1 )execun ve summary. ,/RN/cw DATE /?/~ ~AR 2 7 2[~0! AGENDA ITEM 7-E MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES FEBRUARY 9, 2001 PETITION NO: PUD-98-14(1 ), GRANADA SHOPPES PUD AMENDMENT OVer'ER/AGENT: Agent: George L. Vamadoe, Esq. Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Owner: Granada Shoppes Association, Ltd. 2640 Golden Gate Parkway, Suite 115 Naples, FL 34105 (Details of Ownership Described by Application Document). REQUESTED ACTION: This petition is for the purpose of amending the Granada Shoppes PUD (Ordinance # 98-91) adopted November 11, 1998 for the purpose of modifying the permitted uses to permit a hotel while compensating for this added use by reducing retail and office space. An additional amendment is proposed relative to the setback requirement for buildings from Tamiami Trail N./U.S. 41 N. for a specific parcel of land and for the placement of streetscape amenity features. GEOGRAPHIC LOCATION: The property is located in the SE quadrant of Tamiami Trail N. (U.S. 41 N) and Immokalee Road (CR 846) comprising thirty-nine point two (39.2) acres of land with frontage in excess of 1,000 feet along Tamiami Trail N. and Immokalee Road (See iljustration on the following page). 7 2001 m ,ENDA ITEM ?7/ ~ g 7 2001 Pg. -~.. ~ ..... ; pLRPOSE/DESCRIPTION OF PROJECT: The purpose of the amendment is to add as a permitted use a hotel, to amend the setback requirement for buildings on a parcel specific side fronting on N. Tamiami Trail/U.S. 41 N. from 40 feet to 25 feet and to exempt from setback requirements streetscape amenity features. The amendment to add the hotel as a permitted use is structured to require the reduction in floor area authorized for general commercial and office space from 300,000 to 280,000 gross square feet and 90,000 to 10,000 gross square feet respectively. Should a hotel not be developed, then said original authorized gross floor area would remain. SURROUNDING LAND USE AND ZONING: Existing: The site is currently under development for the uses authorized by the Granada Shoppes PUD. Surrounding: North - This change will not impact or affect any adjacent property inasmuch as compensating reductions in floor space will result in no additional traffic movement. GROWTH MANAGEMENT PLAN CONSISTENCY: The property is located within the area designated for Urban-Mixed Use Activity Center purposes. Land use allowed in designated "activity centers" include but are not limited to all types of commercial land uses as described in the Land Development Code for C-1 through C-5 permitted and conditionally approved land uses, or as otherwise approved by the Board of Commissioners for bona- fide commercial land uses otherwise not accounted for in the LDC. At 39.2 acres the project includes all of the land designated activity center. A consistency evaluation with applicable elements of the GMP advises as follows: The amendments do not affect any of the consistency evaluations that were made when the original Granada Shoppes PUD was adopted. Should the hotel be constructed, the commensurate reduction in retail and office space would result in a slight reduction in traffic generated by the currently approved project. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of archaeological probability as referenced on the official Collier County Probability Map. Historical/Archaeological Survey and Assessment is required. historical and Therefore, no EVALUATION FOR EN'~qRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject property has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Department staff. Staff's recommendations are included in the Development commitment sections of the PUD. Given the nature of the amendment this petitions was not required to be reviewed by the EAC. ANALYSIS: This is a PUD amendment even though the process is one ofrezoning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the Granada Shoppes PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. Land Use Revision - Given the advanced stage of development no purpose would be served in reassessing the appropriateness of land uses. The majority of the site is under development for the approved uses. The addition of a hotel as permitted use in the opinion of staff is certainly compatible with the current PUD development strategy. The general intensity of the permitted uses in this PUD in standard zoning classification terms is C-4. It should be noted that hotels are permitted uses in the C-4 zoning district. In order to offset the impacts of additional traffic generating characteristics the PUD provides for a commensurate reduction in retail and office authorized gross floor area in the event a hotel is constructed. The commensurate reductions in the gross floor area will result in slightly less traffic being generated by the addition of the hotel and commensurate reduction in floor space. Therefore, Granada Shoppes with the addition of the hotel will have less of an impact on the arterial road network. Development Standard Amendment - The current Granada Shoppes PUD document requires a minimum setback for buildings fronting the N. Tamiami Trail/U.S. 41 N. of forty (40) feet. The amendment proposes to reduce this setback as it applies to a specific parcel of land currently under construction for a restaurant (Ramano's Macaroni Grill). The requested setback is twenty-five (25) feet. A substantial portion of the Granada Shoppes Site Development Plan contains open space features along the N. Tamiami Trail while other out parcels fronting N. Tamiami Trail will be unaffected by the revision. The amendment to the setback requirement as it applies to the Macaroni Grill site is made necessary because staff review of a Site Development Plan failed to realize that the building was closer to the N. Tamiami Trail then otherwise allowed (i.e. 35 feet versus 40 feet). However, the developer further compounded the problem by setting the building approximately 30 feet from the N. Tamiami Trail. This error came to light as a result of the required "spot survey" approval. Consequently, further construction was halted. Given the parcel specific nature of the request in that the setback application is limited to 180 feet of the otherwise 1700 linear feet of frontage which is part of the Granada Shoppes development on the N. Tamiami Trail we do not feel this rises to any negative significance level. As indicated an amenity open space feature lies immediately north of the subject property which together with other open space features along the N. Tamiami Trail should help in maintaining the quality of the view to the highway user. Additionally, the fact that no front loaded parking is to be allowed within the amended setback and the reduced setback will be totally landscaped should again ameliorate the view impact to the highway user. Coincidentally, one should appreciate that standard AGENDA ITEM NO. MAR 2 7 2001 commercial zoning districts only require a twenty-five (25) foot setback from the street. Relative to the matter of street amenity features a literal reading of the PUD would define streetscape/landscape features as structure and therefore be subject to the same setback as buildings. This amendment will acknowledge such features as exempt from building setbacks. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition PUD-98- 14(1) as described by the draft Ordinance for adoption and exhibits thereto, (i.e. PUD document and master pla~ ~ / RONALD F. NINR~), AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: · DUNNUCK, III, INTERIM ADMLN1STRATOR CQ~IMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number PUD-98-14(1) Staff Report for the March 1, 2001 CCPC meeting. COLLIE _R~ON: g/admm/P~D~- 14(1 )/STA~d~PORT/RN/im YOUNG, VAN ASSENDERP, VARNADOE ATTORNEYS AT LAW R. ~RUCE ANDERSON TASNA O. BUFORD DANIEL H. COX TIMOTHY S. FRANKLIN DAVID P. HOPSTETTER* C. LAURENCE KEESEY KENZA VAN A$$ENDERP GEORGE e. VARNADOE ROY C, YOUNG DAWD B. ERW~N A.J. JiM SPALLA Ron Nino, Manager Current Planning Development Services Building 2800 North Horseshoe Drive Naples, Florida 34104 REPLY To: Naples December 8,200.0 Re: Granada Shoppes PUD Amendment Dear Ron: & _A~NDERSON, E A. GALLiE'S HALL 225 SOUTH A~DAMS STREET, SUITE ~00 POST OFFICE BOX 1833 TALLAHASSEE, FLORIDA 32302- 1833 TELEPHONE {850) 222-7206 TELECOmER (850> 561-6834 SuNTRust BUILDING 801 LAUREL OAK DRIVE, SUITE 300 [~OST OFFICE BOX 7907 NAPLES, FLORIDA 341Ol-7907 T~I'.EPHONE 1941) 597 2814 TELECOPlER 1941) 597 - 1060 Our firm represents Granada Shoppes Associates, Ltd., the developer of the 39 acre Granada Shoppes PUD located in the southeastern quadrant of the Activity Center located at the intersection of U.S. 41 and Immokalee Road (S.R. 846). The Granada Shoppes PUD was approved by Collier County PUD Ordinance 98-91 to contain up to 300,000 square feet of retail/commercial and 90,000 square feet of office uses on the site. Development of the Granada Shoppes PUD has commenced pursuant to the site development plan approval and clearing permit obtained in July oftlfis year. Granada Shoppes Associates, Ltd. has an opportunity to locate a 175 unit hotel on the site, which requires amendment of the Granada Shoppes PUD to authorize this additional use. I am enclosing for your review a PUD Amendment Application requesting the County to authorize the additional hotel use, to amend the PUD master plan and make the necessary implementing changes to the PUD document. In addition, a parcel adjacent to Immokalee Road, now designated on the PUD Master Plan for "office" use is being re-designated to authorize either office or retail use. You will note that the proposed PUD Amendment is conditioned so that if the 175 unit hotel is added to the Granada Shoppes, the approved amounts of retail and office uses will be reduced to a maximum of 280,000 gross square feet and 10,000 gross square feet, respectively. In the event that development of the 175 unit hotel does not occur, the currently approved development parameters of 300,000 square feet of retail and 90,000 square feet of office use would remain in effect. I AR 2 7 2001 Mr. Ron Nino November 30, 2000 Page 2 Our firm has analyzed the addition of hotel use to the Granada Shoppes site to determine whether the DRI law (Section 380.06, Florida Statutes) would be applicable to the project. Under the applicable DRI thresholds contained in Section 380.0651(3), Florida Statutes. the proposed hotel, retail and office uses are presumed not to be a DRI. We have formally requested the Florida Department of Community Affairs to issue a binding letter of interpretation (BLID) confirming that the revised Granada Shoppes project will not be required to undergo review as a DRI. Under separate cover, I have provided you with a copy of the BLID application submitted to DCA. I anticipate receiving DCA's binding letter prior to the Board of County Commissioners final action on this PUD Amendment. I am attaching to t_his letter a portion of the Tindale-Oliver traffic analysis that is included as Exhibit "J" to the BLID application. The summary concludes that the traffic generated by the Granada Shoppes PUD with the hotel use will be slightly less than the traffic generated by the currently approved retail and office uses. Enclosed with the PUD Amendment Application is a "redline"version of the PUD document showing proposed changes and additions to the PUD document. I am also enclosing a check in the amount of $1,300 to cover the review' of this minor PUD Amendment, in accordance with the fee schedule adopted by the Board of County Commissioner's on August 3, 1999 in Resolution No. 99- 328. Pursuant to our phone conversation on November 29, 2000, I understand a preapplication meeting for this minor amendment is not required. However, if you or your staff have any questions, or need additional information, regarding the proposed amendments to the Granada Shoppes PUD, please do not hesitate to contact me or George Varnadoe. Thank you for your assistance in this matter. ly yours,j C. Lauren~ese~'~~~ CLK/ph cc: D. Borden C. Gittinger iT~ TINDALE OLIVER and Associafes, Inc. November 16, 2000 Mr. Claude Gittinger Cortelis Company 701 Brickell Ave., Suite 1400 Miami, FL 33131-2822 RE: Binding Letter of Interpretation - Granada Shoppes in Collier County Florida Dear Mr. Gittingen Attached to this letter is information relating to transportation aspects of a proposed shopping center development on the Southeast comer of US 41 and CR 846 (Immokalee Rd.) in Collier County, Florida. This information has been prepared at your request to address the informational needs for an application for a Binding Letter of Interpretation of. DRI status. Tindale-Oliver and Associates prepared a "Traffic Impact Statement--Granada Shoppes, Collier County" for this site in August, 1998, to address local concurrency issues. A copy of this analysis is attached to this submittal. The site development parameters of the analysis were slightly greater than the currently under-construction shopping center. A summary of traffic generation estimates of the odginal site development plan and two possible current site development plan scenarios is also attached to this letter for comparative purposes. The two alternative current site development plans are estimated to generate either 23 or 45 peak hour trips less than originally analyzed in 1998. The "Summary of Traffic Conditions" table, in 'the format required by the Binding Letter of Interpretation is also attached 'to this letter. The information reported in the table for existing conditions is based on the generalized capacity tables adopted by Collier County for their local _concurrency management procedures, and more detailed level of service analysis procedures documented in the attached "Traffic Impact Statement" are reported for future COnditions. The table indicates the level of service standards adopted in the local govemment comprehensive plan will be preserved if improvements identified in the traffic report are implemented. This development has been approved by 'Collier County in accordance with the recommendations identified in the analysis for adjacent intersection and site access improvements. One of the roadway improvements identified as scheduled in the Traffic Impact Statement, the six-laning of US 41 from M~/rtle Rd. north to Old US 41 is currently under construction. Based on the attached information, the development will not have a substantial and adverse effect on the adjacent public road system. AGENDA ITEM NO. Should you have any questions regarding this information, please contact us. /~7 ~ EXHIBIT J MAR g ? 2001 TINDALE OLIVER °~ A"~°'~' ,~. Mr. Claude Gittinger November 16, 2000 Page Two WEO:mdr J:\12904\Correspondence~gitlJnger 111600.doc Very truly yours, Tindale-Oliver and Associates, Inc. William E. Oliver, P.E. Senior Vice President CC: Mr. Laurence Keesey, Young, Van Assenderp, & Varnadoe, P.A. AGENDA ITEM No. MAR 2 ? 2001 Granada Shoppes Revised Trip Generation Estimate ITE Land Use, Code, and Size August, 1998 "Traffic Statement" Land Uses Shopping Center 820 (Fitted Curve) 300,000 sf General Office 710 {Fitted Curve) 90,000 sf Daily PM Peak Hour* Trips* In Out Total 13,815 623 674 1,297 1,224 31 149 180 TOTAL 15,039 654 823 1,477 Current Land Use Alternative "A" (November, 2000) Shopping Center 820 (Fitted Curve) 280,000 sf 13,216 595 644 1,239 General Office 710 (Fitted Curve) 10,000 sf 226 15 76 91 Hotel 310(Average Rate) 175 occ. rooms 1561 61 63 124 TOTAL 15,003 671 783 1,454 Difference -36 17 -40 -23 Current Land Use Alternative "B" (November, 2000) Shopping Center 820 (Fitted Curve) 262,354 sf 12,674 570 617 1,187 General Office 710 (Fitted Curve) 37,000 sf 618 21 100 121 Hotel 310(Average Rate) 175 occ. rooms 1561 61 63 124 TOTAL 14,853 652 780 1,432 Difference -186 -2 -43 -45 *Tdp generation estimates based on Trip Generation (Ins§tute of Transportation Engineers, 6th edition. 1997) AGENDA ITEM MAR 2 7 2001 AGENDA ITEM No. MAR g '7 ZOO1 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING Name of Applicant: Granada Shoppes Associates, Ltd. Applicant} Mailing Address: See attached Exhibit "A" for names and addresses of general partners City State Zip Applicants' agent's Telephone Number: Bus.' 941-597-2814 Is the applicant the owner of the subject property? Yes X No 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. See attached Exhibit "A" for identification of partners in limited partnership. (If space is inadequate, attach on separate page.) ~AGENDA ITEI~ ~AR 2 7 2001 2. Name of Agent: George L.Vamadoe Firm: Young, van Assenderp, Vamadoe & Anderson, P.A. Agent's Mailing Address: 801 Laurel Oak Drive, Suite 300 City Naples State FL Zip 34108 Telephone Number: Res.: Bus.: 941-597-2814 2. PUD ORDINANCE NAME AND NUMBER: Granada Shoppes PUD Ord. No. 98-91 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 th-an 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. Located in SECTION 27 TO~WSHIP 48 SOUTH RANGE 25 EAST., Collier County. See legal description attached as Exhibit "B" 5. Address or location of subject property: Southeast comer of U.S. 41 and Immokalee Road (SR 846) 5. 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). One of the property owners, Ocean Boulevard Partnership II, also owns approximately 25 acres east and adjacent to the Granada Shoppes. A map and legal description of this contiguous property is attached hereto as Exhibit "C." 2001 /,7 7. TYPE OF AMENDMENT: 10. X A. PUD Document Language Amendment X __ B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WttOSE NAME? NO PETITION #: DATE: HAS AN'¢ PORTION OF THE PUD BEEN SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). The Granada Shoppes PUD site has been cleared and is being developed pursuant to PUD Ord. No. 98-91. Site Development Plan approval and a Clearing Permit were both received on July 7, 2000. AGENDA ITEM MAR 2., 7 200I AFFIDAVIT We, Juliet C. Sproul and Paul J. Marinelli, being first duly sworn, depose and state that we are authorized administrative agents of both Ocean Boulevard Partnership, a Florida partnership, ahd Ocean Boulevard Partnership II, a Florida partnership, 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 George L. Varnadoe, and the firm of Young, van Assenderp, Varnadoe & Anderson, to act as our agent/representative in any matters regarding this Petition. OCEAN BOULEVARD PARTNERSHIP, a Florida partnership OCEAN BOULEVARD PARTNERSHIP II, a Florida partnership ~ Ju~t C. Sl~roul - // As Administrative Agent of Ocean Boulevard Partnership By: ~au~d''mI(ln~ rsit~lliiv e A g e nt/~' of Ocean Boulevard Partnership of Ocean Boulevard Partnership II P s~ d ~nai sritr~ :ltliive Ag ent'~ of Ocean Boulevard Partnership II State of Florida County of Collier The foregoing Application was acknowledged before me this- ]$+day of , 2000, by Juliet C. Sproul and Paul J. Marinelli, who are personally_known to me or who have produced as identification and who did (did not) take an oath. NOTARY PUBLIC Commission # t0. c)&. My Commission Expires: AGENDA iTEM ~AR g 7 2001 EXHIBIT A Developer/Applicant: Granada Shoppes Associates, Ltd., a Florida limited partnership Identification of partners of Granada Shoppes Associates, Ltd.: General Partners: Newcaster DevCorp, Inc., a Florida corporation Attn: W. Douglas Pitts Suite 1400 701 Brickell Avenue Miami, Florida 33131-2822 OBP1 Co _rporation, a Florida Corporation Attn: Paul J. Marinelli Suite 115 2640 Golden Gate Parkway Naples, Florida 34105 Limited Parmers: 1. Ocean Boulevard Partnership, a Florida general partnership Partners: Lamar Gable Frances G. Villere Barron Collier II Juliet C. Sproul 2. Ocean Boulevard Partnership II, a Florida general partnership Partners: Lamar Gable Citrust, a Louisiana Partnership Gift Partnership, a Florida General Partnership Barron G. Collier IV Irrevocable Trust Alexandra Eden Collier Irrevocable Trust Lara Christina Collier Irrevocable Trust 3. IMM-41 Associates, Ltd., a Florida Limited Partnership F:\users~Patly\wp9\granada shoppes',misc\EXHIBIT A.PUD.DO.2..AMENDMENT. 10 30.00 doc AGENDA ITEM No, MAR 2 7 2001 MXHIBIT B DESCRIPIION A tract or parcel of land lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida which tract or parcel is described os follows: From the northwest corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida run S.00'38'43'E. along the west line of the northwest 1/4 of said section 27 for 125.02 feet to its intersection with the southerly right--of-way line of Immokolee Rood (CR--846) and the POINT OF BEGINNING. thence run N.44',38'2~"E. along the southedy right-of-way line of said Immokolee Rood for .34.99 feet; thence run S.89'45'00"E. along the southerly right-of--way line of said Immokolee Rood for 57.3.45 feet; thence run S.86'55'15'E. along the southedy right-of-way line of said Immokolee Rood for 500.61 feet; thence run S. 89'45'00"E. along, the southerly right-of-way line of said immokolee Rood for 1~34.22 feet; thence run S. O0'O0'O0"E. for 224.63 feet to o point of curvature; thence southwesterly along the arc of o curve to the right of radius 85.00 feet (delta 90'00'00") (chord 120.21 feet) (chqrd bearing S.45'00'00"W.) for 1`3`3.52 feet to the end of said curve; thence run SO0'O0'O0"E for 8`30.91 feet to o point of curvature; thence'southwesterly along the arc of o curve to the right of radius 50.00 feet (delta 86'54'07") (chord 68.77 feet) (chord bearing S.43'27'0`3"W.) for 75.84 feet to o point of tongency; thence run S.86'54'07"W. for 258.`52 feet to o point of curvature; thence westerly along the arc of o curve to the right of radius 9;36.00 feet (delta 06'23'14") (chord 104.29 feet) . (chord .bearing N.89'54'16"W.) for 104..54 feet to the end of said curve; thence run S.1`5'26'32"W. for 548.97 feet; thence run S.69'14'15"W. for 258.29 feet; thence run S.00'39'15"E. for 25.00 feet; thence run S.89'20'45'W. for 396.46 feet to o point on the west line of said Section 27 and the easterly right-of-way line of U.S. 41 (S.R. 45) Tomoimi Trail; thence run N.OO'38'43"W. along the west line of said Section 27 and said easterly right-of-way line of U.S. 41 for 1670.23 feet to the POINT OF BEGINNING. containing `59.25 acres more or less or 1,708,858.58 square feet more or less Bearings hereinoboove mentioned are based on the west Line of Section 27, Township 48 South, Range 25 East os being N.00'38 43 . Subject to easements, reservations and restrictions of record AGENDA ITEM I AR g 7 2001 SEP.-18'OO(MON) 15:22 EXHIBIT C (Page ! of 2) ~0 P. Oll /?~ MAR ~ 7 200' cio 'd AGENDAITEM NO.~ - ~AR 27 20'~1 £~:£1 {~OI~)O0,S[-'HHS 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 8527N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE GRANADA SHOPPES PUD FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND IMMOKALEE ROAD (S.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.23± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-91, AS AMENDED, THE FORMER "GRANADA SHOPPES" PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp, Vamadoe & Anderson, P.A., representing Granada Shoppes Associates, Ltd., 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 27, Township 48 South, Range 25 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 8527N. as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-91, as amended, known as the Granada Shoppes PUD, adopted on November 10, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- AGENDA ITEM No. f7 g 7 2001 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWqGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney G :/admin/PUD-g8-14t I },'RN BY: JAMES D. CARTER, Ph.D., CHAIRMAN -2- GRANADA SHOPPES A PLANNED UNIT DEVELOPMENT 39.23_+ Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: GRANADA SHOPPES ASSOCIATES, LIMITED Amendment Prepared By: YOUNG, ,,,an ASSENDERP, VARNADOE &_ANDERSON, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34108 AUGUST, 1998 Amended Exhibit "A" DATE APPROVED BY BCC ORDINANCE NUMBER DATE FILED AMENDED BY ORDINANCE AGENDA ITEM MAR 2 7 2001 11-10-98 98-91 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE SHORT TITLE iii SECTION I LEGALDESCRIPTION,, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.20 Purpose General Description of the ProjeCt and Proposed Land Uses Compliance with County Ordinances Land Use Summary Lake Siting Fill Storage Use of Right-of-Way Sales Office and Construction Office Changes and Amendments to PUD Document or PUD Master Plan Preliminary Subdivision Plat Phasing Open Space and Native Vegetation Retention Requirements Surface Water Management Environmental Utilities Transportation Common Area Maintenance Design Guidelines and Standards Landscape Buffers, Berms, Fences and Walls Signage Public Places General Permitted Uses SECTION III COMMERCIAL DEVELOPMENT 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Sections 3.4 Development Standards 3-1 EXHIBIT A EXHIBIT A-1 EXHIBIT A-2 EXHIBIT A-3 GRANADA SHOPPES PUD MASTER PLAN SHOPPING AREA PEDESTRIAN WAY PARKING AREA PEDESTRIAN WAY PERIMETER PEDESTRIAN WAY EXHIBIT A-4 ' T BUILDING SETBACK AND LANDSCAPE PLAN FOR NORTH~,'ES PORTION OF SITE BORDERING U.S. 41 EXHIBIT B LEGAL DESCRIPTION AGENDA ITEM NO. ~ MAR 2, 7 2001 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Granada Shoppes Associates, Ltd., hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 39.23± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Granada Shoppes. The development of this site will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property, is within the Urban Commercial District, Mixed Use Activity Center Subdistrict as identified on the Future Land Use Map. This District is intended to accommodate the majority of all new commercial zoning in the County. The Mixed Use Activity Center Subdistrict boundaries are flexible, and the boundaries as shown of the FLUE Map may be modified through the use of the Master Planned Activity Center designation where the Developer maintains unified control of a majority of a quadrant in a Mixed Use Activity Center. The Developer owns the entirety of the Southeastern quadrant of Mixed Use Activity Center #2 and the proposed project boundaries represent the use of the Master Planned Activity Center concept. The proposed development is consistent with the existing Collier County Comprehensive Plan. Under the Plan, the project qualifies as a Master Planned Activity Center as it is a unified plan of development in the form of a PUD which allows flexibility in the boundaries (including modification during final site design), mix and location of uses within a master planned activity center, and permits modification of the square configuration of activity center quadrants if the applicant has unified control of a majority of a quadrant. The Plan provides that 100% of the acreage within the activity center is eligible for commercial uses. Granada Shoppes is compatible with and complementary to existing and zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE. o Site and building improvements will be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE, unless and to the extent amended herein. The development of Granada Shoppes will result in a well-designed commercial project, through coordinated and regulated signage, building design, vehicular and pedestrian access, and landscaping and will further the intent of Policies 3.1.E and F of the FLUE. The development of Granada Shoppes will be designed in a manner consistent with Policy 4.6 and the factors applicable to the Mixed Use Activity Center Subdistrict, which address access management, and on-site traffic and pedestrian circulation. AGENDA ITEM M/ R 2 t 2001 o Granada Shoppes does not meet the criteria for a Development of Regional Impact (DP, J), pursuant to Chapter 380.06, Florida Statutes, 2000. The Florida Department of Community Affairs (DCA) has reviewed and issued a binding letter for the project. The Granada Shoppes will be developed consistent with the Collier County Access Management Plans, as required in Section 2.6.38 of the Collier County Land Development Code. Granada Shoppes has received a waiver from the historical/archeological survey and assessment requirements of Section 2.2.25.3.10 of the Land Development Code due to the site's location in a low potential area for containing historical/archeological artifacts. The developer will comply with Section 2.2.25.8.2 of the Land Development Cqde should accidental discovery of any historic or archeological site, significant artifact~ or other indicator occur during site development or building construction. AGENDA ITEM No, M/ R g 7 2001 SHORT TITLE This ordinance shall be known and cited as the "GRANADA SHOPPES PLANNED UNIT DEVELOPMENT ORDINANCE". Ill AGENDA ITEM NO. rvlAF~ 2 7 2001 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Granada Shoppes, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Please refer to Exhibit "B". 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of GRANADA SHOPPES ASSOCIATES, LTD., a Florida limited partnership, or its assigns, whose address is 2640 Golden Gate Parkway Suite 115, Naples, FL 34105, and Ocean Boulevard Partnership II, whose address is 2600 Golden Gate Parkway, Naples, FI 34105. 1.4 GENEILAL DESCRIPTION OF PROPERTY The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by U.S. 41 and commercially developed property. To the south lies the Bay Colony Golf Course, which is part of the Pelican Marsh DRI. To the east lies Agriculturally zoned and utilized property. Immediately north lies Immokalee Road, and commercially designated and developed Riverchase Shopping Center, which is part of the Collier Tract 22 DRI. Bo The zoning classification of the subject property at the time of original PUD application was A (Agricultural). Co Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D? dated June 3, 1986, the Granada Shoppes property is located within Zones "AE-11" of the FEMA flood insurance rate map. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand. Basinger fine sand, Rivieria fine sand, Ft. Drum and Malabar fine sand. and Satellite fine sand. I-1 AGENDA ITEM No. MAR 2 7 2001 Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods along the north and west boundaries with varying degrees of Brazilian Pepper infestation. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (Jul3' 1995). The South Florida Water Management District has required off-site discharge to the Pine Ridge Canal. 1-2 NO. AGENDA ITEM MAR 2 7 2001 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development for Granada Shoppes, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF THE PROJECT A'ND PROPOSED LAND USES AD Granada Shoppes is a 39.23 acre mixed-use retail commercial, and office development which will consist of general and specialty retail shops, restaurants, business and professional offices, a hotel and financial institutions. Granada Shoppes shall establish project-wide guidelines and standards to ensure a coordinated and consistent level of quality for proposed features and facilities. The PUD Master Plan is iljustrated graphically on Exhibit A. A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of County development approvals in accordance with the Collier County Land Development Code (LDC). The Project shall contain a maximum of 300,000 square feet (gross building area) of retail commercial uses and a maximum of 90,000 square feet (gross building area) of office uses. A hotel, containing a maximum of 175 room, units, or suites, may be constructed on the site. If a hotel is constructed, the retail and office uses shall be reduced to 280,000 gross square feet and 10,000 gross square feet, respectively. COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Granada Shoppes shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. AGENDA ITEM 2 7 2001 ll-I 2.4 2.5 Co Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. All conditions imposed herein or as represented on Granada Shoppes Master Plan are part of the regulations which govern the manner in which the land may be developed. Eo The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. LAND USES mo The location of land uses and general project configuration are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of County site development plan approval. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final County development approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County LDC, unless otherwise approved during County development approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. LAKE SITING, EXCAVATION AND SETBACK REQUIREMENTS As depicted on the PUD Master Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. The goal of this Master Plan is to achieve an overall aesthetic character for the project by designing the surface water management system lakes as an integral feature of the project, and to utilize the lakes as a waterfront amenity for the public as well as tenants of the project. In that regard, exceptions from slopes and setbacks may be requested during the site plan review process. 11-2 AGENDA ITEM No. MAR 2 ? 2001 2.6 Fill material from lakes is planned to be utilized within the project site; however, excess fill material may be transported off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the Developer wishes to remove additional material from the project site, a commercial excavation permit will be required. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation and earthen berms for aesthetic purposes, consistent with the intent of Section 2'.8.3.7.4 of the LDC. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. Setbacks: Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a) Lakes and stonnwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Lakes and stormwater management features shall be set back a minimum of twenty feet (20') from Immokalee Road or U.S. 41 rights-of-way, providing appropriate County and FDOT barriers are installed where required. FILL STORAGE Fill storage is generally permitted as a principal use throughout the Granada Shoppes PUD during development phases of the project. The following standards shall apply for stockpiled excavation material: 1. Stockpile maximum height: Thirty-five feet (35') Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4:1. a) Soil erosion control shall be provided in accordance witt' Division 3.7. 11-3 ~'L'~'~ AGENDA ITEM 2 7 001 2.7 2.8 2.9 USE OF RIGHTS-OF-WAY The Developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within any public or private rights-of-way adjacent to or within the Granada Shoppes, if the applicable agency's permits and approvals are acquired. SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion, leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Granada Shoppes PUD. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6 and may use potable water or irrigation wells, except that no septic systems or holding tanks shall be permitted upon issuance of the Certificate of Occupancy for the specific facility. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN mo Co Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Granada Shoppes Master Plan upon written request of the Developer or his assignee. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and Granada Shoppes PUD document. The nfinor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. o The following shall be deemed minor changes or refinements: The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas. AGENDA ITEM No. MAR 2 7 2001 11-4 2.10 2.11 2.12 2.13 Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-way or internal drives. 3. Reconfiguration of parcels per Section 2.4 of this PUD. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that' said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. Written approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. PRELIMINARY SUBDIVISION PLAT PHASING tn the event platting is required, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will comply with Section 2.6.32 and Division 3.9 of the LDC relating to open space and retention of native vegetation. SURFACE WATER MANAGEMENT Pursuant to delegation from the SFWMD, Collier County will issue the surface water management permit for the water management system which will be designed in accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40. ENVIRONMENTAL An Environmental hnpact Statement waiver was requested by the Developer and approved by the Collier County Planning Services Department. Envitrorrrrrel~K,4loA ' / No._ MAR 2 7 2001 11-5 2.14 Review Section staff due to prior agricultural activities on the site, pursuant to Section 3.8.9 of the Land Development Code. Other permits will be obtained from applicable State, Federal and Local agencies as appropriate. UTILITIES 2.15 All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. TRANSPORTATION The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and U.S. 41 at the project entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. There shall be full access, signalized intersections at the project's eastern entrance on hnmokalee Road and U.S. 41 entrance at 107th Avenue. The Developer shall provide a fair share contribution toward the capital cost of traffic signals. Future access points to Immokalee Road and U.S. 41 are those shown on the Granada Shoppes Master Plan. Access to U.S. 41 is subject to approval and permitting by FDOT and locations may be modified from those shown on the site plan as determined during the permitting process. Arterial level street lighting shall be provided by the Developer at the project's main entrances in conjunction with the development of these entrances. Road impact fees and credits shall be in accordance with the provisions of the applicable Collier County Land Development Code Ordinance controlling the amounts of road impact fees and credits. Fo County staff will prepare an amendment to the County Transportation Plan to include as a County minor collector road a roadway that would link U.S. 41, east to Goodlette-Frank Road through the Granada Shoppes entrance and PUD then to the south road in the Creekside Commerce Park PUD, in a manner compatible with the adjacent properties. When said roadway is officially added to the County's transportation network, the County and Developer shall enter into an agreement whereby developer shall grant (at no cost to the County) a sixty-four (64) foot road right-of-way easement for said roadway from U.S. 41 to Goodlette- Frank Road, and shall be required to construct the County road so it is no later than sixty (60) day's after a certificate of occupancy is issted fo~',,,~/ 7 Mt R g 7 2001 I1-6 2.16 2.17 Granada Shoppes Center. Said agreement shall provide that the Developer will receive impact fee credits for the design and construction of said improvements from U.S. 41 to Goodlette-Frank Road. If Board of County Commissioners decides to grant Naples Park's request to block access from U.S. 41 to 10Th Avenue North and 108th Avenue North as per the plans requested by Naples Park and made a part of the record in this proceeding, Developer agrees to pay for the closing of 10Th and 108th Avenues North if said closure is pursuant to said plan and is accomplished prior to November of 2003. COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system, will be provided by the Developer. DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Co Granada Shoppes PUD is planned as a functionally interrelated commercial site under unified control. The Developer will establish guidelines and standards to ensure quality for both the common areas and the individual parcel developments. All development will meet and enhance LDC Division 2.8, Architectural and Site Design Standards and Guidelines. The Granada Shoppes PUD will feature an integrated and compatible architectural building style or theme, which will be incorporated into the primary retail center, and all free standing uses. Massing of building facades will be reduced by transitioning building heights, widths and colors, and adding architectural elements such as loggias, canopies, comer towers, archways, or columns, which will form courtyard-like areas, appropriately scaled for public gathering spaces. These treatments will create visual interest and variety, while providing visitors to the project, a pedestrian-friendly atmosphere. Building architectural styles shall be compatible and complementary throughout project, and shall feature unifying and complementary elements such roof treatments, signage, landscaping and building materials and building colors. The Granada Shoppes PUD will be a fully integrated planned site, where attention to the overall site design is achieved by providing well designed and integrated vehicular use areas, pedestrian paths, and architecturally unifiet--~ landscaping, and lighting throughout the site. ,o. /7// g~a 2 7 ~001 Common Areas a) Internal roadways will provide efficient vehicular circulation and will be designed with streetscapes that create pedestrian-friendly environments. Streetscape plans will be designed to establish a hierarchy of vehicular and pedestrian flow with landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. The intent is to link uses throughout the project by designing appropriately located and scaled pedestrian and vehicular circulation routes. b) Project architectural features will be developed within common areas of the project and will be coordinated in design, color, and style. Architectural features shall be permitted throughout the site. c) Lake banks and water management features will be designed with edge offsets to complement the building architectural style and landscape features of the project. Free-Standing Uses a) Site Planning: Each free-standing use will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the internal drive to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and relationship to the project and vehicle and pedestrian access ways. When adjacent to a project lake, buildings may be oriented to the lake feature and may provide decks, walkways, and/or seating areas adjacent to or over the water feature, depending upon the compatibility of such features with the type of business located on the parcel. b) Architectural standards: Design elements for free-standing use shall be compatible and complementary with the architectural theme of the project, including building materials, roof materials. colors, signage, lighting, and landscaping. c) lighting fixtures will be located along all pedestrian Lighting fixtures illuminating the parking area sout,h c building shall be located on poles no more than 20 -0 Building lighting design will be architecturally treated in the style of the building architecture. Similarly styled pedestrian level oathways. theN~ ~--~'-~ in heig~t/~,~ ' MAR g 7 2001 Il-8 2.18 and shielded to minimize light intrusion crossing the south property line. d) Landscaping: Landscape design guidelines for free-standing uses will create a harmonious and visually pleasing landscape that is cohesive and complementary to the overall master landscape plan. The Granada Shoppes PUD landscape concept will feature combinations of native plants and ornamental varieties which will be designed to define and accent pedestrian and vehicular spaces, as well as enhance the building architectural style. Landscape designs will create a coherenf theme, which emphasizes plant material as a primary unifying element. (1) Landscape elements along public rights-of-way will be complementary to streetscape landscaping. Hedge material required to be installed to separate parking areas from rights-of-way shall be installed adjacent to the parking areas. Parcel entries will be designed to harmonize xvith adjacent streetscape landscaping, and clearly accentuate, the parcel entry. (2) Landscaping materials will be utilized to define the main site and building entrances. e) Graphics/signage: Sign graphics serve to provide continuity of design for all signage in the project, consistent with the overall visual impression of the project. All monument signage shall be housed within an architecturally uniform sign structure. LANDSCAPING, BERMS, FENCES AND WALLS Landscaping, berms, fences and walls are permitted as a principal use throughout Granada Shoppes. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the project. The following standards shall apply: Landscape buffers contiguous to Immokalee Road rights-of-way and U.S 41 rights-of-way will be installed at the time of site development or subdivision improvement and will have the following characteristics: Minimum width of 20'-0", measured from the property line. The landscape buffer shall be a minimum of 25'-0" along U.S. 41 betwcen Immokalee Road and the northern project entrance, as depicted in Exhibit A-4. The minimum number of required trees shall be calcula~' per 25' linear feet. Plantings shall not be required to be plaited Oh g 7 2001 1I-9 centers in a linear manner, but may be cjustered or planted in irregular patterns to provide greater buffers in certain areas and to provide view corridors of key project features in order to create greater visual interest. The height of required trees within the buffers shall be 12' on average. Canopy trees shall have a 6' canopy spread at the time of planting. Hedges, where required by the Collier County Land Development Code (LDC) shall be installed in accordance with LDC Division 2.4, Landscaping and Buffering. Landscape buffers contiguous to the agriculturally zoned parcel immediately east of the Granada Shoppes shall be a Type "A" buffer and will be installed at the time of site development or subdivision improvement and will have the following characteristics: Minimum width of 10', measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 30 linear feet. Canopy trees will be planted at an initial height of 12' on average, with a 6' spread. Landscape buffers contiguous to the Pelican Marsh PUD shall be Type "A" buffers. Landscape buffers, berms, fences and walls perimeter of the Granada Shoppes PUD development or subdivision improvement. may be constructed along the boundary concurrent with site Sidewalks. signage, water management systems, drainage structures, project architectural features, and utilities shall be permitted within landscape buffers. Landscape berms located within the Granada Shoppes PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that they encroach into the right-of-way when approved by the applicable owner or agency. Il-10 AGENDA ITEM No. ~AR 2 7 2001 2.19 SIGNAGE A. GENERAL All ground mounted project and flee-standing use signs shall be of consistent architectural style and shall feature like building materials and sign structures. Sign structures will be uniform in size, color and building material. Pole signs shall be prohibited. Pursuant to Sections 2.8.3.6.2.1 of the LDC, th~ following conditions provide for the required comprehensive sign plan for the Granada Shoppes. All sign regulation, pursuant to Collier County Division 2.5 shall apply unless such regulations are in conflict with any conditions established in this PUD, in which case the PUD Document shall govern. a) Free-standing use parcels shall be considered a separate single use parcel of land for the purposes of this PUD so that signage may comply with the LDC requirements. b) Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a right-of way permit subject to the review and approval of the County and FDOT where applicable. c) A minimum setback of 5' from edge of pavement shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. d) All project sign structures may feature architectural treatments which shall be permitted to extend above the maximum height of the sign specified herein. B. PROJECT IDENTIFICATION SIGNS One project directow sign, with a maximum of 250 square feet of sign copy per side and a maximum sign copy height of 25', shall be permitted per public right-of-way frontage. The directory sign may be permitted within the medians of project entry drives generally depicted on the Master Plan. Project identification signs shall be located as generally depicted on the PUD Master Plan. Project identification signs shall be monument or wall mounted signs and feature only the project name, insignia or motto of the development. AGENDA ITEM t I MAR 27 2001 Il-Il 2.20 o Project identification sign copy will not exceed 100 square feet in size on any side, and shall not exceed a maximum height of 10' above finished grade, except for architectural detail treatments. No minimum setback shall be required, except that no sign shall be so located so as to create vehicular line of site obstructions. C. FREE-STANDING USE MONUMENT SIGNS Each free-standing use shall be permitted one monument sign per public road or private drive frontage. Maximum permissible sign copy shall be 100 square feet per side for public road frontage and 80' for private road frontage. ° For public road frontage, the maximum height of the sign copy shall be 10' above finished grade. Architectural details of the sign structure may project above the 10' height; however, no part of the sign or sign structure shall exceed 12' in height above finished grade. ° For private drive frontage, the maximum height of the sign copy shall be 8' above finished grade. Architectural details of the sign structure may project above the 8' height; however, no part of the sign or sign structure shall exceed I0' in height above finished grade. D. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, and speed limit signs, may be designed to reflect an alternative specification and common architectural theme upon approval by the Development Services Director, in accordance with Section 3.2.8.3.19. of the LDC. PUBLIC PLACES A. GENERAL. The Granada Shoppes will provide a variety of publicly accessible amenities which will further the project's commitment to complement and enhance Collier County's Architectural and Site Design Guidelines, and serve to provide a sense of place for the community. B. PUBLIC ARCHITECTURAL FEATURES A publicly accessible architectural feature such as a pergola,_pa.x~i/l~4.~~ gazebo, courtyard, observation deck or similar feature shall be :onsttt~ctod-.--- / ~AR 2 ? 20tll 11-12 / Co at the intersection of Immokalee Road and U.S. 41. Such feature shall be architecturally unified with the project's overall design theme and linked to the project's pedestrian pathway network. The public space shall be a minimum of 300 square feet in size and provide seating for the public and patrons of Granada Shoppes. The feature may have project identification signage which will meet the sign copy criteria of 2.19B of this PUD. ° Decorative architectural features shall be permitted throughout the Granada Shoppes PUD, and shall be permitted within or adjacent to pedestrian pathways. PEDESTRIAN PATHWAY NETWORK A pedestrian way network shall be established throughout the project as shown conceptually on the PUD Master Plan. The pedestrian system will serve to link the primary shopping and office areas with free-standing uses at the perimeter of the project site, by providing a landscaped walkway protected from vehicular traffic movements. Any required breaks in the pedestrian network for vehicular access to the site shall be identified through use of pavers, signage, or other traffic calming techniques deemed appropriate to reduce the speed of vehicles and provide safe pedestrian movements throughout the site. a) Shopping Area Pedestrian Way The shopping area pedestrian way (Exhibit A-I) shall be a wide intermittently covered walkway, featuring pavers or stamped concrete surfaces. This pedestrian way shall include architectural features such as fountains, courtyards, arbors or similar design features, and decorative landscape plantings. This pathway shall have a minimum unobstructed pedestrian way of 10' average width. Seating and decorative landscape plantings shall be provided intermittently along the pathway and at all primary tenant entrances. b) Parking Area Pedestrian Way The parking area pedestrian way (Exhibit A-2) shall be located generally within the parking area as shown on the PUD Master Plan. This pedestrian way system will be designed to promote safe and convenient linkage from the parking areas to both the perimeter free-standing uses and the shopping area. Vehicular crossings will be identified with signage, landscaping and clearly marked through use of varied pavement treatments or ,~ cahning techniques. This pedestrian way system shallU°~ [V'IAR 2 7 2001 I1-13 minimum of 14' in width, with a minimum 6' wide paver, stamped concrete or banded concrete pedestrian pathway. This pedestrian pathway way will feature canopy trees or palms with ground level landscape plantings. Canopy trees or palms will be planted within adjacent parking landscape islands. Canopy trees or palms shall be planted along the pedestrian way system and shall be a minimum 12' high with a 6' spread for canopy trees and equivalent specification for shade palms, at the time of planting. c) Perimeter Pedestrian Way The perimeter pedestrian way (Exhibit A-3) system is designed to link free-standing uses with the parking and shopping area pedestrian way as shown on the PUD Master Plan. Vehicular crossings will be identified with signage, landscaping and clearly marked through use of varied pavement treatments or other traffic calming techniques. This pedestrian way system will be a minimum of 15' wide and will feature a meandering 6' wide paver, stamped concrete or concrete path with meandering landscape treatments. Seating shall be provided intermittently along the pathway system, adjacent to public use areas. 2.21 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Granada Shoppes PUD. General permitted uses are those uses, which generally serve the Developer and tenants of Granada Shoppes and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Architectural features and elements including walls, fences, arbors, gazebos, streetscape amenity features and the like. AGENDA ITEM No. rvlAR g 7 2001 o o 10. 11. 12. Temporat3' construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth i~ Section 2.7 of this PUD. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Kiosk vendors Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. Shared parking between the primary retail facility and free-standing uses, including the hotel and office uses, shall be permitted throughout the site. Each free-standing use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for the Granada Shoppes shall meet or exceed the minimum parking required for the combined land uses. II-15 AGENDA ITEM No. ~gR g 7 2001 4'7' 3.1 SECTION III COMMERCIAL PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Granada Shoppes designated on the Master Plan as Retail, Office and Hotel uses. 3.2 3.3 GENERAL DESCRIPTION Areas designated as "R/O" and "R/O/H" on the PUD Master Plan are intended to provide a maximum of 300,000 square feet (gross building area) of retail and service uses, and a maximum of 90,000 square feet (gross building area) of general and professional office uses on a maximum of 32 acres. A hotel containing a maximum of 175 rooms, units or suites may be located on the parcel designated "R/O/H" on the PUD Master Plan. If the hotel is developed on the site, the maximum amounts of retail/service and office uses located in areas designated "R/O" on the PUD Master Plan shall be reduced to 280,000 square feet and 10,000 square feet respectively. If the parcel designated "R/O/H" on the PUD Master Plan is developed with a hotel use, no floor area ratio shall be applicable to it. Eating and Drinking Places shall not exceed 25% of the project's total retail commercial square footage, unless additional parking spaces are provided for restaurant uses; however, eating and drinking places accessory to the hotel use shall not be included in this limitation. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used. in whole or part, for other than the following: A. Permitted Principal Uses and Structures: All permitted uses in the C-4 Zoning District of the Collier County Land Development Code, as of March 27, 2001, except: a) Agricultural Services (groups 0711-0783) b) Amusements and Recreation (Outdoor-groups 7948, 7992. 7990 and 7999) c) Auto~notive Repair Facilities (7532-7539) d) I tospitals (8062-8069) 11I-1 AGENDA ITEM NO. MAR g 7 2001 3.4 e) Membership Organizations (8611-8699) f) Outdoor Retail Nurseries, Lawn and Garden Supply Stores (5261) g) Marinas (4493) h) Pawnshops (5932) i) Group Care Facilities 2. Kiosk Vendors 3. Retail Home and Garden Centers (5211, 5251) Permitted Accessory Uses and Structures 1. Accessoo' uses and structures customarily a~sociated with principal uses permitted in this district. 2. Outdoor dining shall be permitted as an accessory' use to the hotel and to a restaurant, provided adequate pedestrian accessibility is provided. DEVELOPMENT STANDARDS Ao Minimum Lot Area: 20,000 S.F. Minimum Lot Width: 100 FT. Minimum Yard Requirements: 1. Principal Permitted Uses a) Immokalee Rd. and U.S. 41: Forty feet (40'), except that the minimum building setback in the northwest portion of the site bordering U.S. 41 shall be as depicted on Exhibit A-4. b) Internal Frontage Drives: Fifteen feet (15') c) Distance Between Free Standing Uses: Thirty feet (30') d) Waterfront: Zero feet (0') to bulkhead or riprap at top of bank AGENDA ITEM MAR g 7 2001 Do 2) e) Minimum Building Setback from Non-Right-of-Way Perimeter Project Boundary of PUD: i. Thirty feet (30') for buildings up to 50' in height ii. 111. Fifty feet (50') for buildings greater than 50' in height. Eighty feet (80') for the wall of the hotel building facing the south project boundary. Accessory Structure Setbacks: a). Front Yard: i. Roofed parking facilities- Twenty feet (20') b) Side Yard: i. Common Architectural Features- Zero feet (0') ii. Roofed parking facilities- Ten feet (10') c) Lake Bank: i. Common Architectural Features-Zero feet (0') ii. Seating areas- Zero feet (0') d) Any hotel swimming pool shall be set back a minimum of 150'-0" from the south project boundary. 3) Streetscape amenity features: no minimum setback is required. Maximum Height: Retail Buildings: Tv,o-stories, not to exceed fifty feet (50') Office Buildings: Four-stories, not to exceed sixty feet (60') Hotel: Not to exceed sixty feet (60') Architectural features: Seventy-five feet (75') 111-3 2. 3. 4. AGENDA ITEM [No. MAR g 7 2001 m ITl EX AGENDA iTEM NO. MAR 2 7 2001 AGE~~' 'NO, MAR ,9 7 2001 EXHIBIT A-2 AGENDA ITEM ~I/~R g 7 2001 EXHIBIT A-3 IMMOKALEE ROAD 20' LANDSCAPE BUFFER 25' IFF'ER t OI[VE. LOPMEN T.~ )£VE. LOPMENT 1 EXHIBIT A-4 BUILDING SETBACK AND LANDSCAPRE BUFFER AREA FOR NORTHWEST PORTION OF SITE BORDERING US 41. -- W~ND PRESERVE 20' LANDSCAPE BUFFER 40' EiUILDING "~~1_SETBACK JOHNSON ENGINEERING, INC. ENOINEER$, SURVI~*OR~ ANi) ECO[.~GI~fS 2/20/01 20012557 81018 EXHIBIT B OESCRiP TION A tract or parcel of land lying in Section 27, Township 48 South. Range 25 East. Collier County. Florida which tract or parcel is described as Follows: From the northwest corner of Section 27, Township 48 South, Range 25 East. Collier County. Florida run S.00'38'4-$'E. along the west line of the northwest 1/4. of said section 27 for 125.02 feet to a its intersection with the southerly right-of-way line of Immokalee Rood (CR-846)' and the POINT OF BEGINNING. thence run N.¢4'38'23'E. along the southerly right-of-way line of said immokalee Rood for .3¢.99 feet; thence run S.89'45'00"E. along the southerly right--of-way line of said Immokalee Road for 575.¢5 feet; thence run S.86'55'lS"E. along the southerly right-of-way line of said Immokalee Road for 500.6! feet; thence run S-89'¢5'00'E. along the southerly right-of-way line of said Immokalee Road for 134.22 feet; thence run S.00'00'00"E. for 2:24.63 feet to a point of curvature; thence southwesterly along the arc of a curve to the right of radius 85.00 feet (delta 90'00'00") (chord 120.21 feet) (chord bearing S. 45'00'00"W,) for 133.52 feet to the end of said curve; thence run S00'OO'OO"E For 830.91 feet to a point of curvature; thence southwesterly along the arc of a curve to the right of radius 50.00 feet (delta 86'54.'07') (chord 68.77 feet) (chord bearing S.45'27'05"W.) for 75.84 feet to a point of tangency; thence run S. 86'54.'07"W. for 258.32 feet to o point of curvature; thence westerly along the arc of o curve to the right of radius 936.00 fe~t (delta 06'25'14") (chord 10,t. 29 feet) (chor~! bearing N. 89'54'16'W.) for 10¢.54. feet to the end of said curve; thence run S.15'26'52"W. for- .348.97 feet; thence run S.69'14.'i5'W. for 258.29 feet: thence run S.00'39'i5"E. for 25.00 feet; thence run S.89'20'4.5'W. for 396.¢6 feet to a point on the west line of said Section 27 and the easterly right-of-wa, line of U.S. ¢1 (S.R. 4.5) Tamaimi Trail; thence run N.00'58'4.,l"W. along the ' west line of said Section 27 and said easterly right-of-way line of U.S. 4.1 for 1670.23 feet to the POINT OF' BEGINNING. containing ,39.25 acres more or less or 1.708.858.58 square feet more or les: Bearings hereinaboove mentioned ore based on the west Line of Section 27, Township 48 Sou~, Range 25 East'as being Subject to easements, reservations and restrictions of recnrH I AGENDA ITEM NOTEs: ,0, , 1. THIS IS NOT A SURVEy. MAR g ? 2001 2' BASIS OF BEARINGS iS 13_lE NORTit UNE OF ll. lE NORll_iLS,. ~,)~, l/¢ OF SECTION 27. TOWNSHIP 4-8 SOUTH, RANGE 25 E"'Z~~'--- AS BEING S. 89'45'00" E. 5. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS AK'