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Agenda 07/31/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONER CLERK TO BOARD 4ra FLOOR FP: 3 IND: 1 CV:0 AGENDA 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 SUBMITFED 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. 1 July 31, 2001 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Susan Diamond, First Christian Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended B. Approval of June 11, 2001 BCC/Workshop. C. Approval of June 12, 2001 BCC Regular Meeting. D. Approval of June 13, 2001 BCC Special Meeting. E. Approval of June 20, 2001 BCC Special Meeting. F. Approval of June 21 and June 22, 2001 BCC Budget Workshop. G. Approval of June 26, 2001 BCC Regular Meeting. 3. PROCLAMATIONS Dm Proclamation recognizing August 2001 as World Breastfeeding Month and proclaims August 2001 as Breastfeeding Month in Collier County. Proclamation to be accepted by Ms. Laurie Owens, WlC and Health Services, Collier County Government. Proclamation recognizing the Guadalupe Center and the Immokalee Community for applying to the U.S. Department of Justice for official Weed and Seed site recognition. Proclamation to be accepted by Nora Benevides, John Lawson. Proclamation proclaiming the month of September as Ovarian Cancer Awareness Month. Proclamation to be accepted by Carolyn Benivegna, President and Founder, Southwest Florida Division, National Ovarian Cancer Coalition and Jane Pfaender. Proclamation recognizing Sunday, August 12th, 2001 as "Undy Sunday", the fifth annual collection date for new underclothes for children in need in our community. Proclamation to be accepted by George Drobinski, Catholic Charities District Director, John Fitzgerald, Catholic Charities Advisory Board Chairman and Reverend Susan Diamond, Pastor of the First Christian Church Disciples of Christ. Proclamation recognizing Dr. Audre Levy for her outstanding contributions to our community in her tenure as Provost at the Collier County Campus of Edison Community College. Acceptor TBA. m SERVICE AWARDS Five-Year Attendees: 2 July 31, 2001 1) James Fitzek, Parks and Recreation Department 2) Jeffrey Bolen, Information Technology Department 3) Susan Satow, Parks and Recreation Department 4) Robert Pierce, Facilities Management Department 5) Bernice Forester, Emergency Medical Services 6) Kathryne Warren, Emergency Medical Services 7) Jason Valinsky, Facilities Management Department 5. PRESENTATIONS Presentation from the Collier County Board of County Commissioners to Tiarra Myers, Sophomore from Lely High School, for her contributions to encourage waste reduction and recycling in Collier County. B. Recommendation to recognize Michelle Hondzinski, Secretary I, University Extension Services, as Employee of the Month for July 2001. C. THIS ITEM TIME CERTAIN 9:30 A.M Check presentation by FDOT to Commissioner James D. Carter for Livingston Road Improvements. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Petition regarding Las Naciones News Community Forum scheduled in the Board of County Commissioners Boardroom August 9 and 10, 2001. B. This item has been deleted. C. Public Petition regarding redistricting of Collier County by the Citizens for Fair Redistricting. ~ 7. BOARD OFZONING APPEALS 3 July 31, 2001 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition VA-2001-AR-688, Jim Hudson representing Stoneburner-Hudson Trust requesting a 27-foot side yard variance from the required 40-foot side yard setback established for automobile service stations to 13 feet for an existing automobile service station located at the corner of Airport Pulling Road and Davis Boulevard in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Chahram Badamtchian, Principal Planner, Planning Services) 8. ADVERTISED PUBLIC HEARINGS A. This item has been deleted. An Ordinance of Collier County, Florida; to be entitled Merchandising of Tobacco Products in Collier County; providing for findings of fact, intent and definitions; prohibiting placement of tobacco products in open display units directly accessible to minors; providing for exceptions; providing for enforcement; and providing for an effective date. (David Weigel, County Attorney) BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Historical/Archaeological Preservation Board. (Sue Filson, Administrative Assistant to the BCC) 10. COUNTY MANAGER'S REPORT A. THIS ITEM TIME SENSITIVE-TO BE HEARD AT 2:00 P.M. Discussion of the Federal Emergency Management Agency's Proposed Flood Insurance Rate Maps for Collier County. (Gene Chartrand, FEMA Coordinator) The Community Development and Environmental Services Division providing a summary of a previous interpretation of the Land Development Code specifically as it relates to outdoor storage as a use permitted by right in association with a principal permitted use in the C-4, General Commercial Zoning District, for discussion purposes as directed by the Board of County Commissioners. (Susan Murray, Current Planning Manager, Planning Services) C. This item has bccn deleted. 4 July 31, 2001 To adopt the proposed Millage rates as the maximum property tax rates to be levied in FY 2002. (Mike Smykowski, Director, Office of Management and Budget) Approve an Interlocal Agreement between the City of Marco Island and Collier County for an Advanced Life Support (ALS) Engine Partnership Program. (Tom Storrar, Emergency Services Administrator) Approve an Interlocal Agreement between the East Naples Fire Control and Rescue District and Collier County for an Advanced Life Support (ALS) Engine Partnership Program. (Tom Storrar, Emergency Services Administrator) Request the Board to designate a Commissioner to accompany consultant and the staff for Field Assessment of Innovative Solid Waste Facilities in Australia. (Jim Mudd, Public Utilities Administrator) H. Consideration of Issues for the Board's 2002 McNees, Assistant County Manager) Legislative Agenda. (Mike I. Summary of Glades and Collier Counties Joint Workshop. (Jim Mudd, Public Utilities Administrator) Request Board of County Commissioners approval to memorialize the proposed 13th Street SW Bridge by naming the structure in honor of Richard J. Hellriegel, P.E., Transportation Operations Department Design Manager. (Norman Feder, Administrator Transportation Services) It is requested that this item be heard as the first regular item on the Agenda. Follow-Up Report to the Board of County Commissioners to the Public Petition regarding a Human Rights Commission made by Ms. Laverne Franklin, President of the NAACP. (Thomas W. Olliff, County Manager) Review Petition TM99-01 requesting the installation of a temporary traffic diverter at the intersection of Donna Street and Gail Boulevard as part of the Neighborhood Traffic Management Plan for the Coconut Creek Estates Neighborhood. (Norman Feder, Transportation Services Administrator) 5 July 31, 2001 11. 12. AIRPORT AUTHORITY COUNTY ATFORNEY'S REPORT A. Agreement between Collier County and the South Florida Water Management District for use of Tourist Development Tax monies for the Lake Trafford Restoration Project. This item has been deleted. Recommendation that the Board of County Commissioners authorize Retention of Don Hemke, Esquire, of the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A. to represent each of the Board members in their individual capacities in the Lawsuit styled Aquaport, L.C., et al, v. Collier County, et aL, Case Number 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. (David Weigel, County Attorney) 13. OTHER CONSTITUTIONAL OFFICERS/ELECTED OFFICIALS Board approval of an Amendment to Collier County Resolution 99-328; specifically to replace "Exhibit B"; providing for Fire Prevention and Control Fees assessed for Fire Inspection on Building Permits. 14. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS FUTURE AGENDAS A. Discussion of reimbursement for charges related to the Pelican Bay MSTBU Town Hall Meeting and straw vote. (Commissioner Carter) 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Acceptance of assignment agreement for Fiddler's Creek, Phase 2-A, Unit Three. 6 July 31, 2001 2) 3) 4) 5) 6) 7) s) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Tierra Lago". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Wedgewood Subdivision". Final acceptance of Water Utility Facilities for Capri Commercial Center. Final acceptance of Water Utility Facilities for Regatta. Approve a Budget Amendment to appropriate reserves from the Unincorporated General Fund to remove dilapidated mobile homes from the Immokalee Community. Sewer facilities acceptance for Grey Oaks, Unit Six, Phase Two. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Maplewood Unit Three". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Tamiami Professional Center". Adopt resolutions enforcing liens on properties for Code Violations. Authorize staff to hire a consultant to review and clarify/simplify the Land Development Code. Authorize a Special Cycle of the Land Development Code. Request to enter into a Maintenance Agreement for privacy wall improvements within Galleria Drive (Pelican Marsh Unit Twenty-Two). Request to approve for recording the final plat of "Jubilation", and to waive Section 3.2.6.3.4 (2) of the Collier County Land Development Code (posting of subdivision performance security) until the first Certificate of Occupancy is requested. Request to approve for recording the final plat of "Olde Cypress Tract 12". Recommendation to adopt a revised Version of Division 3.5 (Excavations) of the Land Development Code (Ord. 92-73 as amended) to serve as an Interim Policy during the formal review and approval process. Request to approve and fund of an Engineering TechniCian to assist the tracking and processing of development projects and utility conveyances. Board of County Commissioners servinq as the Community Redevelopment A.qency: Recommendation that the Community Redevelopment Agency Adopt a Resolution to amend the bylaws of the Local Redevelopment Advisory Boards. 19) Extension of Building Permit Application for Malibu Lakes. 7 July 31, 2001 20) 21) Adoption of a Resolution establishing an Official Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance. (Copies of the Administrative Procedures Manual are available at the Community Development Services Center, County Mana.qer's Office and the Office of Public Information.) Approval and Execution of a Lease Agreement between Collier County and CPOC Realty, L.L.C., for office space to be utilized by the Housing and Urban Improvement Department. B. TRANSPORTATION SERVICES 1) Approve Amendment No. 11 to the Professional Services Agreement with Hole, Montes, Inc. for Livingston Road, Phase IV, Project No. 65041, and the Livingston East-West Connector, Project No. 60036. 2) Recommendation that the Board of County Commissioners award Bid #01-3246 for the purchase and delivery of pine straw mulch to Central Florida Mulches. 3) Approve Professional Consulting Services Agreement with Wilson Miller for the Vanderbilt Area Corridor Study (RFP #01-3227). 4) Approve Professional Consulting Services Agreement with TBE Group, Inc., for the North-South Planning Corridor Study (RFP #01-3227). 5) Approve Work Order No. BRC-FT-01-08 with Better Roads Inc., for sidewalk improvements on Donna Street, Project No. 60025. 6) Adopt a Resolution authorizing the acquisition by gift or purchase of perpetual, non-exclusive sidewalk easements for the construction of a sidewalk from Golden Gate Boulevard to the Golden Gate Main Canal (Project No. 60171). 7) This item continued from the June 26, 2001 BCC Meetin.q. Approve Developer Contribution Agreement with First Baptist Church for Road Impact Credits subject to Developer complying with all conditions of the agreements imposed by the County. 8) Adopt a Resolution to expand authorization to all Division Administrators to execute Grant Applications, Permit Applications and other Documents pertaining to the Construction of Capital Improvement Projects. : 9) Approve Award of s Construction Contract to the lowest bidder, Bonness, Inc., for the 2000-2001 Pathways Program, Bid No. 01-3248. 10) Award Bid No. 01-3244, "Purchase and Delivery of One Road Widener Attachment". 11) Accept an Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to be used for Tower Road Right-of-Way, and Utility, Drainage, and Maintenance purposes. 8 July 31, 2001 12) 13) 14) 15) 16) 17) Approve Supplement Agreement No. 3 to the Professional Services Agreement with Johnson Engineering Inc., for Goodlette-Frank Road improvements between Pine Ridge Road and Vanderbilt Beach Road, Project No. 60134. Approve an Interlocal Agreement among Collier County, the City of Naples end the City of Naples Airport Authority for the construction and maintenance of Enterprise Avenue Extension (FKA Transfer Station Road). Advise Board of County Commissioners of request for Landscaping Maintenance Agreement among Collier County, the City of Naples and the Estuary at Grey Oaks and request approval of early start for construction of improvements. Approve Amendment No. 2 to the contract for Professional Engineering Services by Hole, Montes, Inc., for Immokalee Road six-laning design from U.S. 41 to 1-75, Project No. 66042. Approve Contract Amendment No. 15 for Professional Engineering Services by Hole, Montes, Inc., for Immokalee Road Construction Project, Project No. 69101. Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the Water Management System, Beautification of Recreational Facilities and Median Areas, and Maintenance of Conservation or Preserve Areas, and Establishment of Capital Reserve Funds for the Maintenance of Conservation or Preserve Areas, U.S. 41 Berms, Street Signage Replacements within the Median Areas and Landscaping Improvements to U.S. 41 Entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. C. PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. : 2) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. 3) Request that neighborhood clean-up events exceeding $2,000.00 in waived tipping fees receive prior Board approval and limit events to one quarterly event per neighborhood. 9 July 31, 2001 4) 5) 6) 7) 8) 9) lO) 11) 12) 13) 14) 15) 16) 17) Approval to use State Waste Tire Grant Funds for playground surfacing for YMCA, Youth Haven, Farmworker Village, Salvation Army and walking surfaces at 4-H Children's Garden. Recommendation to award Surplus Sealed Bid #S01-3243, surplus bid for one (1) Boat, Motor and Trailer to Christopher F. Slaby. Waive Contract Dollar Thresholds, and authorize the execution of a Work Order for construction services related to the development of a supplemental water source to augment the reclaimed water supply, Project 74125. Authorize funds for a feasibility study to provide potable water service through a Municipal Services Benefit Unit to Price Street and Barefoot Williams Road. Approval of a billing agreement with Cocobay Condominium, Inc., for utility customer billing. Approval of an agreement with the Florida Department of Environmental Protection for electronics recycling. Recommendation that the Board of County Commissioners approve the resolutions setting the date, time and place for a Public Hearing to approve a Special Assessment (Non Ad Valorem Assessment) to be levied against the properties within the Solid Waste District I and District II Municipal Service Benefit Unit for Solid Waste Collection and Disposal Services and approve the first class notice to be sent to all assessable units as well as approving the postage and mailing costs. Approval of Amendment No. 2 for Contract GC526 with the Florida Department of Environmental Protection (FDEP). Award RFP00-3185-South Central Regional Water Treatment Plant concrete leak and spell repairs. Approval and Execution for Satisfaction of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Approval to piggyback Bid No. 00-103 from Polk County for the purchase of fire hydrants. Approval and Execution of Satisfactions of Notice of Promise to pay and agreement to extend payment of Water and/or Sewer System Impact Fees. Approve the Satisfaction of Lien Documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. This item was continued from the June 26, 2001 BCC Meeting. Award a Contract to Mitchell and Stark Construction Company, Inc., to upgrade the Pelican Bay Wellfield, Booster Station and Master Flow Meter, Bid 01- 3238, Project 74039. 10 July 31, 2001 18) Provide initial readiness funding for hurricane debris planning and management in the 2001 Hurricane Season. 19) Approval of Work Order Numbers WD-034 and WD-035 for installation of fire hydrants within the Pelican Bay Subdivision. D. PUBLIC SERVICES 1) Approve the Home Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 2) Authorize staff to utilize the Collier Area Transit (CAT) for Trolley Services at the Summer Barbeque and Blues Event. 3) Award RFP#01-3236 for a 3-Year Contract for Fitness Center Equipment. 4) Approve the Alzheimer's Disease Initiative Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida. 5) Approve the Community Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida. 6) Approve award of RFP00-3168 for a concessionaire at Barefoot Beach. 7) Request by Henry Brehm, representing Net Assets, to construct a Tournament Facility and use Vineyards Community Park to host the Nuveen Champions Tournament. E. SUPPORT SERVICES 1) Approve an Agreement for Sale and Purchase to acquire property and building located at 2373 Horseshoe Drive South, Naples. 2) To re-appropriate $50,000 previously approved in Fiscal Year 2000 from the GAC Land Trust to purchase fitness equipment for the new Community Center at Max A. Hasse Community Park. .~ 3) Approval and execution of a Lease Agreement between Collier County and Richard B. Lansdale for space occupied by the Sheriff's Office. 4) Approval and execution of a Lease Agreement between Collier County and Alan and Patricia Boole for space to expand the Sheriff's Office Vehicle Maintenance Facility. 5) Approve the use of 301 Project Funds to improve and upgrade fiber optic communication lines and equipment on the Main Government Complex. 11 July 31, 2001 8) 7) Approve an Agreement for the conveyance of GAC Trust Reserved Lands to the District School Board of Collier County, Florida, for the future construction of an Elementary School in Golden Gate Estates. 8) Request authorization for the Department of Human Resources to bring back to the Board of County Commissioners proposed additions and modifications to Ordinance No. 96-40 which is known as the Collier County Personnel Ordinance. Approval of a Letter of Agreement between the Board of County Commissioners and Community Health Partners, Inc., reducing the Physician Fee Schedule and Outpatient Fee Schedule, and modifying the In-Hospital Stop Loss Agreement under the Existing Group Health Insurance Fee Agreement. 9) Approval of Resolution No. 2001- establishing a Community of Character Committee. 10) Approve Master Purchase Agreements for the Purchase of Regulated and De-Regulated Services from Sprint. 11) Approval of Resolution No. 2001- which will revise the Employee Service Award Program and supersede Resolution No. 87-80 effective October 1, 2001. 12) Authorization to enter into a five-year contract with Sprint, subject to appropriation, for existing circuit services in exchange for Sprint's installation of a fiber-optic sonnet ring around the Main Government Complex. F. EMERGENCY SERVICES 1) Approve and Execute an Agreement with the Golden Gate Fire Control and Rescue District providing for a maximum expenditure of $110,000 from the GAC Land Trust to purchase a water tanker fire truck. G. COUNTY MANAGER 1) Approval of a Resolution terminating the Old Marco Village Water and Sewer District Fund in its entirety. 2) Approval of the Florida Association of Counties State Legislative Survey. (Thomas W. Olliff, County Manager) *. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 98- 2334-CFA, 98-2548-CFA, 99-1613-CFA, 94-408-CFA, 97-2696-CFA. RECOMMEND APPROVAL. 12 July 31, 2001 2) Miscellaneous Items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS COUNTY A'I-I'ORNEY 1) Recommendation to approve a Budget Amendment in the amount of no more than $16,700.00 for outside counsel and professional services including expert witness fees for services rendered in concluding the County's litigation relating to the 1995-96 Beach Restoration Project in the Lawsuit styled Board of County Commissioners of Collier County v. Coastal Engineering Consultants, Inc. et al, Case No. 00-1901 -CA. 2) To authorize the County Attorney to draft an Ordinance to amend the Collier County False Alarm Ordinance and schedule a Public Hearing before the Board of County Commissioners to consider adoption of the proposed ordinance. 3) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel No. 316 in the Lawsuit entitled Collier County v. Wilfredo Maribona, et al, (Golden Gate Boulevard, Project No. 63041). 4) Request by the Housing Finance Authority of Collier County for approval of a Resolution authorizing the Lee County Housing Finance Authority to issue single-family mortgage revenue bonds to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an Interlocal Agreement with the Lee Authority. 5) Recommendation that the Board authorize the Office of the County Attorney and the Risk Management Department pursuant to Resolution No. 95-632 to retain counsel to represent EMS Employee Frederick F. Gonzalez in a traffic ticket case arising out of an accident Mr. Gonzalez had while driving a County ambulance. 6) Approve settlement agreement between Collier County and the Strand Development Corporation for delinquent road impact fees relating to golf course development. 7) 8) Approve a continuing retention agreement for legal services on an "as needed" basis with the Law Firm of Fixel and Maguire, particularly relating to eminent domain proceedings. ., Recommendation that the Board of County Commissioners approve the Settlement in Water Equipment Services, Inc. v. Collier County, Florida, Case No. 97-4453-CA-01, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $6,500 and all claims against the County would be dismissed with prejudice. Said $6,500 settlement was arrived at during settlement negotiations. 9) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 171 and 771 in the Lawsuit entitled Collier County 13 July 31, 2001 17. v. Dominique C. Rihs, es Trustee, et al, Case No. 01-0758-CA (Livingston Road, Project No. 60071). 10) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the Easement Acquisition on Parcel Nos 703A, 803A and 803B in the Lawsuit entitled Collier County v. Naples Italian American Club, et el, Case No. 98-1672-CA-01 (Airport Road six- laning project from Pine Ridge Road to Vanderbilt Beach Road). 11) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the Easement Acquisition on Parcel No. 909 in the Lawsuit entitled Collier County v. Radio Road Joint Venture, et al, Case No. 98-1396-CA (Livingston Road Extension-Golden Gate Boulevard to Radio Road) Project. 12) Authorize the making of an Offer of Judgment to respondents, Michael H. and Linda M. Baum, for Parcel 123 in the amount of $2,100.00 in the Lawsuit styled Collier County v. Michael A. Baum, et el, Case No. 99-3687- CA (Golden Gate Boulevard Project 63041). 13) Approve the agreed order awarding expert fees in the amount of $11,160.27, relative to the Easement Acquisition of Parcel 145 in the Lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al, Case No. 99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to Davis Boulevard). 14) Recommendation that the Board of County Commissioners approve the agreed order awarding expert fees and attorney's fees and costs relating to Parcel No. 131 in the Lawsuit entitled Collier County v. R.A.K. Development Company Inc., et al, Case No. 92-2791-CA-01-HDH (widening of Immokalee Road 66043). 15) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 168 in the Lawsuit entitled Collier County v. James R. Nash, et al, (Livingston Road, Project No. 60071). 16) This item has been deleted. 17) Recommendation that the Board of County Commissioners approve Amendment Number 3 to Legal Services Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A. (David Weigel, County Attorney) ., 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. 14 July 31, 2001 Ae Gm This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition SNR-2001-AR-997, Collier County Community Development and Environmental Services, representing Collier County, requesting a street name change for a portion of Antigua Street to Samar Lane, located in Isles of Capri No. 3, in Section 32, Township 51 South, Range 26 East.. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition AVPLAT2001-AR710 to disclaim, renounce and vacate the County's and the Public's interest in the 10' wide easement located along the lot line common to Lots 5 and 6, Block 1, according to the plat of "Naples Manor Lakes" as recorded in Plat Book 3, Page 86 through 87, Public Records of Collier County, Florida, located in Section 29, Township 50 South, Range 26 East. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition VAC00-024 to vacate a portion o! "Gator Gate" as recorded in Plat Book 7, Page 2 and to vacate a portion of "Gator Gate Unit 1" as recorded in Plat Book 7, Page 54, Public Records of Collier County, Florida, located in Section 3, Township 50 South, Range 26 East. Adopt Resolution to disband Water Management District No. 7 This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition VA-2001-AR-848, Scott A. Lincoln, P.E., from L.A. Civil Engineering Group representing Marathon Ashland Petroleum, LLC, requesting a 3.25 foot side yard variance from the 40 foot required side yard and a 7.6 foot front yard variance from the 50 foot required front yard established for automobile service stations for the rebuilding of an existing automobile service station for a property located on East side of Tamiami Trail East at the intersection of Tamiami Trail East and Thomasson Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition VA-2001-AR-814, McAnly Engineering and Design Inc., representing Gulf Coast Development Group, LLC, requesting a 10 foot variance from the 25 foot rear yard requirement for commercial properties when abutting a residential property, to 15 feet for a property located on East side of Tamiami Trail North approximately one half mile North of Tamiami Trail and Old US-41 intersection in Section 9, Township 48 South, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition SNR2001-AR-1017, Collier County Community Development and Environmental Services Division, representing Collier County, requesting a street name change for the proposed Extension of Livingston Road from Livingston Road to Livingston Parkway, located in Sections 1, 12, 13, 24, 25 and 36, Township 49 South, Range 25 East and in Sections 12, 13, 24, 25 and 36, Township 48 South, Range 25 East. 15 July 31, 2001 An Ordinance creating the Vanderbilt Beach Beautification Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed 0.5 mils of ad valorem taxes per year; providing for the collection of taxes; providing for creation of the Vanderbilt Beach Beautification Advisory Committee; appointment and composition; providing for terms of office of the advisory committee; quorum; rules of procedure; providing for functions, powers and duties of the advisory committee; providing for duties of the County Manager or his designee; providing for review process of advisory committee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. (Norman Feder, Transportation Services Administrator) Public Hearing to consider adoption of an Ordinance establishing the Pine Air Lakes Community Development District (CDD) pursuant to Section 190.055, Florida Statutes. (Stan Litsinger, Comprehensive Planning Manager, Planning Services) An Ordinance amending Chapter 38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Collier County Code of Laws and Ordinances, also known as Ordinance No. 84-37, as amended, adding Sections 38.57 Definitions, 38.61 Use of Public Facilities as Shelters, 38.62 Power of Employees Rendering Outside Aid, 38.63 Mutual Aid Agreements, 38.64 Compensation, 38.65 Emergency Liability; amending Sections 38.59 Extent of State of Emergency and 38.68 Authorized Emergency Laws and Ordinances; providing for Conflict and Severability; and providing for an Effective Date. (Tom Storrar, Emergency Services Administrator) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 16 July 31, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING July 31, 2001 ADD: ITEM 3(F): Proclamation in honor of Louise Hasse. ADD: ITEM 9(B): Request to temporarily extend the terms of four (4) Airport Authority Board Member for 60 days. MOVE: ITEM 16(D)7 TO 10(N).' Request by Henry Brehm, representing Net Assets, to construct a Tournament Facility and use Vineyards Community Park to host the Nuveen Champions Tournament. (Staff Request) MOVE: ITEM 16(E)9 TO 10(O): Approval of Resolution No. 2001- establishing a Community of Character Committee. (Staff Request) ADD: ITEM 16(A)22: Request to approve and fund a Senior Planner to assist Immokalee Housing Initiative with processing site Improvement plans. ADD: ITEM 16(G)3: Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's Scheduled Recess. MOVE WITH ADDITIONAL BACKUP: ITEM 16(F)1 TO 16(E)13: Approve and Execute an Agreement with the Golden Gate Fire Control and Rescue District providing for a maximum expenditure of $110,000 from the GAC Land Trust to purchase a water tanker fire truck. WITHDRAW: ITEM 16(L)1: Recommendation to approve a Budget Amendment in the amount Of no more than $16,700.00 for outside counsel and professional services Including expert witness fees for services rendered in concluding the County's litigation relating to the 1995-96 Beach Restoration Project in the Lawsuit styled Board of County Commissioners of Collier County v. Coastal Engineering Consultants, Inc. et al, Case No. 00-1901-CA. (Staff Request) ADDITIONALBACKUP: ITEM 16(B)8: Adopt' a Resolution to expand authorization to all Division Administrators to execute Grant Applications, Permit Applications and other Documents pertaining to the Construction of Capital Improvement Projects. ADDITIONAL BACKUP: ITEM 16(B)12: Approve Supplement Agreement No. 3 to the Professional Services Agreement with Johnson Engineering Inc., for Goodlette-Frenk Road Improvements between Pine Ridge Road and Vanderbilt Beach Road, Project No. 60134. ADDITIONAL BACKUP: ITEM 16(E)5: Approve the use of 301 Project Funds to improve and upgrade fiber optic communication lines and equipment on the Main Government Complex. CONTINUED: ITEM 17A-REQUESTED AGENDA DATE SEPTEMBER 11~ 2001: Petition SNR-2001-AR-997, Collier County Community Development and Environmental Services, representing Collier County, requesting a street name change for a portion of Antigua Street to Samar Lane, located in Isles of Capri No. 3, in Section 32, Township 51 South, Range 26 East. CONTINUED: ITEM 17G-REQUESTED AGENDA DATE SEPTEMBER 11 2001: Petition SNR2001-AR-1017, Collier County Community Developmenl~ and Environmental Services Division, representing Collier County, requesting a street name change for the proposed extension of Livingston Road from Livingston Road to Livingston Parkway, located in Sections 1, 12, 13, 24, 25 and 36, Township 49 South, Range 25 East and in Sections 12, 13, 24, 25 and 36, Township 48 South, Range 25 East. TO BE READ INTO RECORD: ITEM 16(E)1: The Seller has requested that the closing date be rescheduled for August 6' 2001 and the County will not be penalized for the delay in closing as per the lease agreement; and The recently approved Agreement has been revised to reflect that the County will accept the property with an existing curbing encroachment on the property. !TEM16(A)20: Pursuant to discussions between County Staff and the staff of the Clerk of the Circuit Court, the Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance, Section 74-108, titled General Definitions, has been revised. Language has been added to the second paragraph, titled Staff/Applicant Actions, to ensure that staff may not add, delete, or revise any definitions without approval and adoption of an ordinance by the Board of County Commissioners. The revision affects only one page of the document, and shall be co~sidered to be an Integrated part of the document adopted by resolution in item 16.A.20 of today's agenda. The revised page has been provided to each commissioner this morning and is available for public review in the hallway outside the Commission chambers. The revised page shall be promptly delivered to all parties on staff's distribution list for the Manual. 14/boreas, V/boreas, Wherea~ Whereas, 14/herea~ Whereas, Now, PROCLAi A T£ON breastfeedin9 is an important and basic act of nurture and a basic standard for health, growth, and development for mothers a~d babies; and, in order to receive the 9reatest boneD'ts from breastfeeding, women should be encouraged and supported to breostfeed their children exclusively for about six months and to continue breostfeed/ng, with complementary food, well into the second year; and, mothers and babies must learn how to breostfeed and be supported so that they feel secure and empowered; and, women and families need accurate and evidence-based facts condern/n~ breostfeedin~ in order to make informed and though tfu/ choices about infant feeding; and, commercial interests and cultural attitudes often undermine families' breastfeed/'na practices by promot/n~ incomplete information and p/ay/n~ on emotional issues; and, ~overnments and communities have the legal and/or moral duty to ensure that there are no obstacles for women who wish to breastfeed; and, World Breastfeed/ng Month h/ah//Rhts the importance of accurate data and the need for protections aaa/nst misinformation through/ts annual celebration w/th the theme for 200I of "Breast£ee?'nR in the £nformat/on Aaa': therefore, be it proclaimed by the Board of County Commissioners of Coil/er County, Florida, that the month of August ZOOL be designated as Breastfeed/ng Month in Call/er County. DONE AND ORDERED THIS 3Ist Day of Ju/y, 200i. BOARD OF COUNTY COMMISSIONERS COLLIER COUNt, FLORIDA A T7'ES~. DWIGHT E BROCK, CLERK ,TAMES D. CARTER, Ph.D., CHAIRMAN AGE~i~A~ITEM JUL 3 ! '2i)01 Pg. I PRO CLA MA TION Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Operation Weed and Seed is a national program through the United States Department of Justice; and, Operation Weed and Seed is a comprehensive strategy to help communities bring people and resources together to prevent and control crime and improve the quality of life. There are over 230 neighborhoods across the country working who are officially recognized Weed and Seed communities; and, Operation Weed and Seed is a community-based strategy that addresses four critical elements: law enforcement, community policing, prevention-intervention- treatment and neighborhood restoration; and, Operation Weed and Seed aims to prevent, control and reduce violent crfme and drug abuse. It recognizes the paramount importance of community involvement. Most importantly, the Weed and Seed strategy empowers community residents to assist in identifying and solving problems in their neighborhood; and, the Guadalupe Center, rity based organization serving Collier County in community agencies and schools. Office, and the Collier to plan their and, five year safe havens plan is to be for Weed Now, agencies to and Department of DONEAND ORDERED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TTES T: Dwight E. Brock, Clerk James D. Carter, Ph.D., Chairman A G E N A.~,~.~!~E M JUL Pg. PROCLAt~A TION ~ WHEREAS, the incidence of ovarian cancer is increasing due to vague symptoms and no screenin9 test for early detection; and, V{HEREA$, the majorih/ of ovarian cancer cases are detected at an advanced stage, and the survival rates for women with advanced ovarian cancer has shown minimal improvement over the last l§- P§ years; and, WHEREAS, the American Cancer $ociely est/mates that ~'~/s year, make than PS, 000 new cases are diagnosed w/th a/most I4, 000 £ata//ties; and, WHEREAS, the Nat/anal Ovarian Cancer Coalition is comm?h'ed to promoting education about ovarian cancer; and, I~HEREA$, oil American women and their £am/lies ore urged to/earn more about ovarian cancer, its symptoms and ava#able methods that may reduce the risk o£ deve/opin9 it. NOW THEREFORE, be it proc/aimed by the Board of Count/Commissioners of Coil/er Counh/, F/or/da, that September be designated as "Ovarian Cancer Awareness/~onth': DONE AND ORDERED THIS 31't Day of July, POOl. BOARD OF COUNTY COlpll~IssIONEbs COLLIER COUNTY, FLORIDA JAt~E$ D. CARTER, ph?o., CHAIRMAN A TTE..B T: DWIGHT E. BROCK, CLERK PROCLA/~A TION WHEREAS, thousands of young children in our community live in families that experience economic hardship and difficulty meeting many of their basic needs, including providing their children with clean 'underclothes; and, WHEREAS, Catholic Charities of Collier County has an ongoing mission to fight poverty, strengthen families and build communities, and has provided a variety of social services to Collier County citizens for over 30 years regardless of race, creed or religion; and, WHEREAS, Catholic Char/t/es, along with over 50 area churches and synagogues have jo/ned together to cai/ecL new underclothes for children in need in our community; and, WHEREAS, last year durin9 ~vo weekends, over 40, 600 po/rs of new underwear including cash contributions were collected and d/stP/bated to area elementary schools and organizations that help children: and, WHEREAS, the fifth annual UNDY SUNDAY collect/on dates are scheduled for the weekends of August l~h and August 19~h at participating houses of worship; and, WHEREAS, UNDY SUNDAY is a wonderful example of the positive acHon and results that occur w/th ecumenical co//aboraHon. NOW THE~FORE, be it proclaimed by the Board of County Commissioners of Collier County, /:/or/da. that Sunday, August 13~, 2001 be designamd as UNDY SUNDAY. DONE AND ORDERED THIS 31st Day of ,Tuly, 2001. BOARD OF COUNTY COA4A4ISSZONERS COLLIER COUNTY, FLORIDA A TTES T: ,TAIAES D. CARTER, Ph.D., CHAIRA~AN DWIGHT E. BROCK, CLERK PROCLAtAA TION Whereas, Dr. Audre Levy began her tenure os provo~ of the Cailler County Campus o£ Ed/son Community College in July 1998; and, ~Vhereas, he~ pro£essional experience also includes £aculty, counseling and adm/n/siraHve positions w/th the Los Angeles Community College system and the .rng/ewood tln/Hed School O/sir/ct in Cali£orn/a; and, ~Vhereas, Dr. Audre Levy ho/ds a bachelor's degree/n public speech from/A/ch/gan State University, o master's degree/n educaHon from the University o£/A/ch/gan, a master's degree/n educational psychology and a master's degree in Administration, bath £rom ~he Cal/£orn/a State tin/vers/ty; and, ~Vhereas, Dr. Audre Levy also holds a Doctoral Degree/n instHutional management £rom Pepperd/ne tin/versity; and, V/hereas, her community involvement includes seats on the £o//owin9 boards: the Y/ACA, the Nap/es Community I4osp/ta/, the Col#er County Education Poundat/on, the Community FoundaHon of Co#/er County and the Economic Development Council; and, Whereas, Collier County ~overnment supports higher education and the people who represent it and Dr. Audre Levy's presence w/Il be missed as she prepares to leave to assume posH/on of' Pres/dent of' Southwest College/n Los Angeles, NO~V THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Flor/do, that Dr. Audre Levy be recognized for her outstanding contributions to our community in her tenure os Provost ut the Col#er Campus of Edison Community College. DONE AND ORDERED THIS 315t Day of ,Tuly, 2001. BOARD OF COUNTY ¢OMMZ55ZONER5 ¢OLLTER COUNTY, FLORZDA ATTEST: ,TAME5 b. CARTER, Ph.D., CHA~.RMAN DWIGHT E. BROCK, CLERK AG. EN~ .o JUL 31 2001 Pg., I . PROCLAMATION Whereas, Louise M. VanWycke Hasse appreciated and exercised her patriotic right to better the community and local government for over 60 years in both her home of New Jersey and Collier County; anv~ In Collier County alone Louise dedicated an estimated 35,000 hours (4 entire years worth) to bettering the community through her active participation in the Golden Gate Women's Club, Scouts of America, Kiwanis Club, Golden Gate City and Estates Civic Associations, Chamber of Commerce, Women's Republican Club, the American Association of Retired Persons, and countless other organizations; and, Beyond her civic stewardship, she was a compassionate friend to all those that she touched, always willing to lend a helping hand, words of kindness, or words of truth for those who needed it; and, When not actively serving on a committee or attending a community event she was seen beside her other half, Max, giving him guidance as he made decisions that positively influenced Collier County; and, Whereas, Together, this husband and wife duo were named Citizen's of the Year in 1991 by the Golden Gate Civic Association for their dedication to bettering the community; and, Together, this husband and wife duo will always be considered the grand patriarchs of Golden Gate; and, The community was saddened by Louise's recent passing on July 28, 2001, but joyful that Max and Louise will once again be reunited; and, In honor of this team and Louise's contribution to the community, it is only fitting that the County name the community center at Max Hasse Jr. Community Park after Louise Hasse. Now, therefore be it proclaimed by the Board of County Commissioners of Collier County, Florida that July 31, 2001 be designated as Louise M. Hasse day and that furthermore the community center at Max A Hasse Jr. Community Park be named in honor of Louise Hasse upon completion later this summer. DONE AND ORDERED THIS 31s~ Day of July, 2001 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: JAMES D. CARTER, CHAIRMAN DWIGHT E. BROCK, CLERK EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE MICHELLE HONDZINSKI, SECRETARY I, AS EMPLOYEE OF THE MONTH FOR JULY 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: Michelle Hondzinski is a "can do" person. The kind of things she makes happen involve keeping the office current with computer technology. The difficulties of these tasks are compounded by the fact that two new computer programs from the department's university par[ner in Gainesville required Michelle to solve problems long distance. Now, the new Envelope Manager system keeps track of over 8,000 addresses in ten different department programs, with more than 100 sub-sets. The 4H Blue Ribbon program was one of those projects that required taking paper copy histories of 500 4H members and their families, and building an electronic data base to better track program accomplishments. These computer programs are some of the projects Michelle has completed. Michelle is both very competent technically, and a very willing team player. Collier County and the University Extension Service are indeed fortunate that we can benefit from talents of employees like Michelle. 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 Michelle Hondzinski, be recognized as the "Employee of the Month" for July 2001~.~..~, /.,~ .., /' / PREPARED BY: /~ _~~~ DATE: F/"~'/~/r D~I:~ Ragone, Senj~ Secretary, Human Resdurce~ DePartment .' George P,(. Bradley, Human Res~;~rces Director/. [ ....... AGEND&IT~M No._ JUL Pg. COLLIER COUNTY MANAGER'S OFFICE July 12, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Victor A. Valdes Chief Editor Las Naciones News P.O. Box 10503 Naples FL 34101 Re: Request for Public Petition regarding Las Naciones News' Community Forum scheduled in the Board of County Commissioners Boardroom August 9 and 10 Dear Mr. Valdes: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 31,2001 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, TWO:mjb cc: County Attorney Jean Merritt, Office of Public Information Victor A. Vald~ Chief Editor Naples, Wednesday, July I 1, 2001 RT. CE[VED COU,~% ~ .... ' ........- .....'...,~ JUL I ~ ~uOl ACTICH FIL~ :-:- . '::'- Collier County Board of County Commissioners 3301 East TamiamiI Trail, .Naples, Florida, 34112 Attention: County Manager By the present I'm requesting to address the Board on its next meeting scheduled for 7/3 ./01. The subjects to be presented to the Board are the following: 1) Request a Proclamation to be enacted by the Board recognizing Las Naciones News' Community Forum to be held in the City of Naples on August 9 & 10, 2001. 2) Explain to the Board: a) What is the Community Forum being sponsored by Las Naciones News b) What will be covered c) Who will participate d) What is the Community Forum's goal 2) Documentation, such as the Community Forum's mission statement and program will be provided to the Board. ~g my apPre~i~i~i0fi in ~aVance, ~i'n-~e-l~,, Chief Editor & Civil Rights Activist COLLIER COUNTY MANAGER'S OFFICE July 17, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Mike Carr Collier County Republican Executive Committee 2641 Airport Road South Suite A-108 Naples FL 34112 Re: Request for Public Petition regarding redistricting in Collier County Dear Mr. Carr: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 31,2001 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TWO:jeb cc:: County Attorney John M. Dunnuck, III, Interim Administrator, Community Development J. L 312001 Pg..,, '~ul 1G O1 02: 17~ Cart & Cart (9~1)732-872G ,~ichae[ Carr County Chainl~ar, Collier County Republican Executive, Committee www. coilier§op.or§ July 16, 2001 Tom Oliff County Manager Collier County Commissioner 3301 East Tamiami Trail Naples, Florida 34112 Dear Tom, As you know we have formed a bi-partisan ~roup to fight for fair redistrictin~ for Collier County. The public hearings will be held in Naples High School Auditorium at 6 p.m. on September 24, 2001. In order to make the best presen:aticn Lo keep our county from being sliced up and used as paddin~ for Ft. Lauderdale and Miami it will be necessary to present some demographic evidence at the public hearing for the proposition that we need to be connected with Lee County. It would seem to be a wise use of the taxpayer,s money to spend a few dollars to prevent the loss of federal dollars to this area that would result if we lost local representation in Congress. Please place me on the a~enda for the next Ccmmission meetinq to make the request to fund a demographic study to present at the September 24, 2001 public hearing on redistricting. Attached is a copy of an Editorial on redisCricting. Thanks for your help. Sincerely yours, Cha i rman Collier County Republican Executive Colmnittee Paid i~o~ by the Collier County Republican Executive Committee lb C_' JUL 3! 2901 'Jul 15 01 02: l?p Cart & Cart (941]732-872G p.3 OPINION .J Redistricting, ;fight -is'also" your fight Lee, Collier cOuld be dissected to feed n~eds ,i;::,~-.',:~ :' ' ' of east coast politicians Republicans and Democrats hav~ come together to ~,_fi~_t to k~p Southwest Florida s con- gressional and legislative dis- tncts from being sliced up, and the .fight deserves your sup- port. , We have to'tire're an uproar would take chunks of Collier Count5, and append .them to east coast districts. The danger, perhaps great- est in the case of our 14th. Congressional District, b that ' people ~'~ho live and vote in. Southwest Florida will be rep- resented in the US. House and in Tallahassee by people who live elsewhere, and whose elis- triers are anchored, in distant population centers. · Mike Can:, .chaJrm~ of the Collier County Republican Party, and,Chur, k Mohlke, his Democratic counterpart, have formed a bi-partisan coalition to lobby against any such mov,e. Th.e..y have been joined agaimt any congressional or legislative redistricting that '~'.. splits. It .was .only after the 1990 Cereus ' that all of Lee and Collier counties were included . in thek mm. cOngressional di~, trier, which also included part of Charlotte Count5' -- and it took a 'hard fight to keep the dismct from being sliced and diced to move voters into AGENDA JUL 31 Pg._ '~ul 1~ O1 08: lSp Cmrr & Cmrr ($~1)738-8726 move~ They have been ]omecl mce~a ~u mvvc vvtms -~v in the. effort by' state .R.ep.other districts to serve various Dudley Goodlette, R-Naples, electoral strategies. and state Sen- Butt Saunders, ' TNs year, one threat is that R-Naples..Lee County is also east coast incun~nts such as expected to get on board. R~p. Clay Shaw, a Republican After everyU.S. Census, elis- barely re-elected in 2000, will trict boundaries have to be Want a slice of west coast adiusted to take aCcount of Republicans to bolster his changes in population. Florida -chances in 2002. That kfind of hns grqwn enough in the past tixing. 10 years to ~et ~o new seats One problemis that our0wn in the .U.S, Mouse' of.. Congressman Porter Goss is Representatives. The 120 state ..retiring, and districts' with · .House ~ seats and 40 Senate incumbents ~ea~l to fare better seats will also have to be in redistricting. realigned to soroe extent. Hearing~ by' House. a~.d Senate rediztricting commit- tees are starting around the state, coming to Soutlxwest Florida in September. The Legislature will meet in special session next year to draw up the new maps.' The process can be very lengthy, and may have to be se~ed in cour~ People here need to turn out hearty for the hearings. Redistricting usually ends. ,u.p in' court, wt,.re a stroag puouc record on an issue carries con- sider'able weight. In the meantime, we neea to be. calling 'legislative leaders ' and the governor to n~ke sure they know .that our region should not be treated as a parts shop.for east coast Rolitic' .uST 'looking'for districts tl~ey . theY can win in. That goes for west coast POliticians too, it' they're thinking of favorable Our 14th Congressional District will have to lose some territory to a~other' district. It has too rmmy people to fit back into the old district. But must keep the Lee a~d Collier core intact, az~d try to get an3' detached area placed in a west coast or central district ~5th some con'anon interests and characteristics. One reason ·Southwest i,Florida lagged in governnlent ~ser',rices suc~ as roads and "water management is that our . voice ,in Washington' and "Tallalmssee was lost in dis- tricts created to serve other. areas. ' We cannot 'afford to back- slide'in something .so basic to our political interests. Individuals and groups should be getting on the record on this, ~vith state and local leaders. I JUL 2S I Pg.. q EXECUTIVE SUMMARY PETITION VA-2001-AR-688, JIM HUDSON REPRESENTING STONEBURNER- HUDSON TRUST REQUESTING A 27-FOOT SIDE YARD VARIANCE FROM THE REQUIRED 40-FOOT SIDE YARD SETBACK ESTABLISHED FOR AUTOMOBILE SERVICE STATIONS TO 13 FEET FOR AN EXISTING AUTOMOBILE SERVICE STATION LOCATED AT THE CORNER OF AIRPORT PULLING ROAD AND DAVIS BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for side yard variance in the "C-5" Commercial zoning district while maintaining the community's best interest. CONSIDERATIONS: The property in question contains two separate buildings, which function independently. One of them is a commercial retail building and the other one is an automobile service station. The applicant wishes to subdivide the property into two parcels and sell one of them. Both proposed lots will conform with the requirements of the C-5 zoning district for lot area and lot width. However, automobile service stations require 40 foot side yard and the new lot with the service station will have a 13 foot side yard, thus requiring a variance. FISCAL IMPACT: This request will have no fiscal impact. GROWTH MANAGEMENT IMPACT: This request will have no Growth Management Impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: The variance, if granted, will allow the applicant to subdivide the property, which will further increase the non-conformity of the property. Furthermore, there is no land AGENDA ITr~ No, '"? ~ JUL.3 12001 related hardship; therefore, staff recommended that the CCPC forward this petition to the BZA with a recommendation for denial. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not required to be heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed VA-2001-AR-688 on June 21, 2001 and by a unanimous vote recommended that the Board of Zoning Appeals approve this petition subject to stipulation requiring the applicant to apply for a Site Improvement Plan (SIP) to landscape to site to the extent possible. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: INTERIM CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. '-' INTERIM PLANNING SERVICES DIRECTOR DATE DATE AI:~ROVED BY: JOHN~. DUNNU'CK III D~,TE' INTEI~IM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR JUL 3 1 2001 AGENDA ITEM 7-C TO: FROM MEMORANDUM COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: May 29, 2001 RE: PETITION VA-01-AR-688 AGENT/APPLICANT: Owner: Stoneburner-Hudson Trust David Stonebumer, Judith Bice, Jim Hudson, Janis Hudson 266 Faiway Circle Naples, FL. 34110 AGENT: Jim Hudson 266 Faiway Circle Naples, FL. 34110 REQUESTED ACTION: The petitioner requests a 27-foot side yard variance from the required 40-foot side yard setback established for automobile service stations to 13 feet for an existing automobile service station. GEOGRAPHIC LOCATION: The subject property is located at the comer of Airport Pulling Road and Davis Boulevard in Section 11, Township 50 South, Range 25 east, Collier County Florida. PURPOSE/DESCRIPTION OF PROJECT: The property in question contains two separate buildings, which function independently. One of them is a commercial retail building and the other one is an automobile service station. The applicant wishes to subdivide the property into two parcels and sell one of them. Both proposed lots will conform with the requirements of the C-5 zoning district for lot area and lot width. However, automobile service stations require 40 foot side yard JUL 3 1 2001 Pg._.--..-.-.---...,_.__ I GULF oF MEXJ JUL~ 1 and the new lot with the service station will have a 13 foot side yard, thus requiring a variance. SURROUNDING LAND USE AND ZONING: Subject property: Automobile Service station; zoned C-5 Surrounding: North - Auto repair business, zoned C-5 East -Airport Road row, Automobile service station, zoned C-4 South -commercial building, zoned C-5 West - Used car lot, zoned C-5 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: ae 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 site in question was built in 1986 on a conforming lot. At that time the site fully complied with the requirements of the Collier County Zoning Code. However, in 1998 the LDC was amended to require larger setbacks for automobile service stations making the site legal-non-conforming. be 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? 2 AGEND_~..A ITE¥ JUL 3 1 2001 _ Pg.; ,..,.~... de No, the site contains two buildings and is considered legal non-conforming. By subdividing the applicant will increase the non-conformity of the 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 not allow the applicant to subdivide and sell a portion of the property. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, a variance is not necessary to make possible the reasonable use of the land. The land is already developed with two buildings. The variance is only necessary for the applicant to sell a portion of the property. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller side yard than what would be permitted for other automobile service stations. 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 approval of this request will not be 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 courses, etc.? No, there are no existing natural or physically induced conditions to reduce the impact of the requested variance. h. Will granting the variance be consistent with the Growth Management Plan? JUL 3 '1 2001 Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: The variance, if granted, will allow the applicant to subdivide the property, which will further increase the non-conformity of the property. Furthermore, there is no land related hardship; therefore, staff recommends that the CCPC forward this petition to the BZA with a recommendation for denial. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: ..~USAN MURRAY, AI'CP - - t~ INTERIM CURRENT PLANNING MA~IAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE JUL 3 I 7001 APPROVED BY: JOHN I~. DUNNUCK III DATE INTERI~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition VA-2001-AR688 This petition has been tentatively scheduled for July 31, 01, BZA Public Hearing. Collier County Planni~Commission: JOYCE,~NNA J. RAUTIO~, CHAIRMAN 5 JUL 3 ! 2001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER VA- 2001-AR-688, 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 2-foot variance from the required 15-foot side yard setback to 13 feet as shown on the attached plot plan, Exhibit "A", in a C-5 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 VA-2001-AR-688 filed by Jim Hudson representing the Stoneburner- Hudson Trust, with respect to the property hereinafter described as: Lot 133, Naples Grove & Truck Company's Little Farms No. 2, in Section 11, Township 50 South, Range 25 East, Collier County, Florida. be and the same hereby is approved for a 2-foot variance from the required 15-foot side yard setback to 13 feet as shown on the attached plot plan, Exhibit "A", of the C-5 Zoning District wherein said property is located, subject to the following conditions: This variance is only for the structure depicted on the attached Plot Plan. Prior to the subdivision of the property, in order to upgrade the landscaping on the site, the applicant shall file for a Site Improvement Plan (SIP). AaENDA ITeM JUL 3 1 001 -1- BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR-688 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: JAMES D. CARTER, Ph.D., CHAIRMAN Marjori~vl. Student ' Assistant County Attorney -2- JUL 8 1 001 SKETCH OF SURVEY I DA ViS BOULEVARD LINE TABLE USED CAR LOT A~&t T BUILDIN~ I-STORY COMMERCIAL BUlL DING IglOO' THE EAST 15B FEET DF L~ 133, NAPLES ~DVE & TRUCK g~PANY'S LITTLE FARMS ~, IN ACC~DANCE ~TH ~D SUBJECT TO T~ PLAT RECEDED IN PLAT 9~ 1, PAGE ~7. PUBLIC RECORDS OF ~LLIER C~TY, FLDRI~, LESS T~ N~THE~Y 30 FEET TH[RE~ AS EVIDENCED ~Y ~[D B~ 11, PAGE 96, PUBLIC RECORDS DF C~LIER COUNTY, FLORIDA. LESS AN~ EXCEPT (~.R. ~099 , PG. 0955) EXHIBIT "A" NOTES: L) BEARINGS S~WN HER[~ ~[F[~ T0 THE S~TH RIGHT-DF-VAY LINE DF DAVIS BOULEVARD AS 9[1~ N~9'~'~O'E. ~.) THIS PROPERTY ES SUBJECT TD EASE~NT$, RESERVATI~S ~R RESTRICTIONS ~ RECORD, ~'3.) DIHENSIDNS S~VH ~R[DN kR[ IN ~[[T AN~ ~[C]~S 43 ]~pRDVEENTS 0T~R T~N THOSE S~VH ~V[ ~T 8[[N 5,) LEGAL ~[SCR[PT]DN SU~LI[~ IY CLIENT. .) THIS p~ERTY ES LZATED iN rC~ ~[ E-8. Stoncburner-Hudson Trust Projcm ~ 200 I ~ATE: 4/23/0] 2 1 11 12 I F.LR LEGEND FOUNO 5/I)' IRON F(XiNO 5/8" IR(~f ROO (VAMB4~P ~43) D~.vld f. ~r-u'n$, PLS DATE OF SURVEY~ MARCH ~6, ~OOl NOT VALID VITHOUT THE SIGNATURE AND THE O~IGINAL RAISED SEAL OF A FL~IDA LICENSED SURVEYOR AND MAPPER. AGENDA No. /'I /-- JUL. 3 1 ,~u01 BOUNDARY SURVEY ,~..,,~ ~ ~,~. s,~.l=,,~. · I VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) VA-2001-AR-688 Stonebumer-Hudson Trust Petition No. Project # 2001040047 DATE: 4/23/01 Commission ~lstncr: etition Received: Planner Assigned: _/~l~ ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner'sName: ~::~'~O~E-htlrt4~'~" ~/~d.~o~ ~v.S~- Petitioner's Address: Telephone: b'~7- 7.3 7.3 ~ ~c~ - .2 3o~o - Ce_l/ Agent's Name: Agent's Address: 0"??- 7.3 7_3 Telephone: ~'fvO - .2 3 ~-0 Application for Variance Petition - 8/98 AG E N_~A I,~EM No. /-J' JUL3 1 7001 Page 1 of 8 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Section Twp. Range Metes & Bounds Description: Application for Variance Petition - 8/98 Lot (s) Block (s) AGENDA ITEM No. ~ jUL3 i ZOOi _ P~..~. Page 2 of 8 Property I.D. # Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING N S W E LAND USE Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [--] No [--] Side: Waterfront Lot: Yes F-] Rear; No E] Application for Variance Petition - 8/98 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment proposed using numbers, i.e. reduce front setback fi.om 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. /oo AG£NDAIT~M JUL'3 1 2001 Application for Variance Petition - 8/98 Page 4 of 8 Please note that staff and the Collier County Pla~nlng Commission shall be guided in their recommendation to the Board of zomg Appeals, and that the Board of zomg appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the locatiOn, size and characteristics of the land, structure, or building involved. ! r 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. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or slrucmre and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 Page 5 NO. ~ JUL 8 1 ZOO1 Will granting thc variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or s~xucturcs in thc same zoning district. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Pa JUL 3 1 ,?.001 FROM : Dauid Stoneburmer PHONE NO. : 9~1 454 2559 Apr. 13 2001 09:44glM P1 proposed ,tt~trtrtg; ,ftaat.~ll ~¢ ato'w~$ ro ~ ~~ in ~ ~a~q a ~ 'orCa ap~l~tton, are hon~t aM t~ to the ~ ~ur~ and th~ the ~nt~ ~ fo~, wh~ ~uter s~attd or n¢ ~ al~;. Fubtic h~ will not ~ a~~ ~al ~ ~l~on t,~ d~ ~mptet¢, '~ al! ~uO~ ]n/~t~on ~'~ · ' $tgflaturt ofP~operty 'Ownttr ~d or PHased Nam, of Owno' · · t~ identification. State of Florida. County of Collier. ' ~?~,X,~'l~l~ LuAnn Ruse Commission # £C 768066 ~.~. E~lr~ SER Z6, Z002 "'~ BONDEDTHRU ATI. ANT C B~OING CO., INC of tt .-state of . App#~atlon for Vat~au~e' P~on - ~ No. f/ ~ JUL 3 1 2001 EXECUTIVE SUMMARY AN ORDINANCE OF COLLIER COUNTY, FLORIDA: TO BE ENTITLED MERCHANDISING OF TOBACCO PRODUCTS IN COLLIER COUNTY; PROVIDING FOR FINDINGS OF FACT, INTENT AND DEFINITIONS; PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN OPEN DISPLAY UNITS DIRECTLY ACCESSIBLE TO MINORS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ENFORCEMENT; AND PROVIDING FOR AN EFFECTIVE DATE OBJECTIVE: Although Pursuant to Chapter 569, Florida Statutes, tobacco products stores are required to post signs prohibiting the sale of tobacco products to persons under 18 years of age it does not prohibit local governments from regulating the placement and merchandising of tobacco products. The United States Surgeon General and the United States Department of Human Health Services have found that many Americans who die from tobacco related diseases became addicted to tobacco products prior to reaching the legal age of consent. The Board of County Commissioners is concerned about the use of tobacco products by persons under the age of 18 and is undertaking to reduce the visual and physical availability of tobacco products to minors in an effort to reduce tobacco product use by that age group. The Ordinance was prepared at the direction of the Board of County Commissioners. CONSIDERATION: Because federal and state governments have recognized the harmful effects of tobacco use, this ordinance has been drafted to prevent the sale of certain tobacco products to minors. The ordinance mandates that all sales shall be from restricted areas. Similar ordinances have been enacted throughout the state of Florida. FISCAL IMPACT: There is no immediate fiscal impact, however it is expected that discouraging the sale of tobacco products to minors will result in health benefits. GROWTH MANAGEMENT: This is purely a public policy and health and safety item and is not inconsistent with the County's Growth Management Plan. AC.~-ND,~LIJEM NO. ~ JUL 3 1 2001 RECOMMENDATION: That the Board of County Commissioners approve the Ordinance. Prepared by: cqt~line Hubbard Robinson Assistant County Attorney Date: Approved by: David C. Weigel County Attorney Jackie/ExecutiveSummary/Tobacco Date: AQ~-NDA ITEM NO. ~ JUL 3 ~ 2001 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 ORDINANCE 2001 __ AN ORDINANCE OF COLLIER COUNTY, FLORIDA: TO BE ENTITLED MERCHANDISING OF TOBACCO PRODUCTS IN COLLIER COUNTY; PROVIDING FOR FINDINGS OF FACT, INTENT AND DEFINITIONS; PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN OPEN DISPLAY UNITS DIRECTLY ACCESSIBLE TO MINORS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ENFORCEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted laws, located in Chapter 569, Florida Statutes, that provide for increased regulation of the retail sale of tobacco products; and WHEREAS, within CHAPTER 569, Florida Statutes, the Florida Legislature has provided for civil, administrative, and/or criminal penalties for the sale of tobacco products to a person under the age of 18 and for the possession ot~ such tobacco products under the age of 18; and WHEREAS, the State of Florida has entered into a settlement agreement with the tobacco industry for money to reimburse the State for some of the health care costs incurred by the State because of illnesses related to tobacco use; and WHEREAS, The State of Florida has declared it to be a policy to specifically reduce the use of tobacco products by persons under the age of 18; and WI-IEREASi the United States Surgeon General and the United States Department of Human Health Services have found that many of those Americans who die of tobacco related diseases became addicted to tobacco products prior to reaching the legal age of consent; and WHEREAS, the Board of County Commissioners of Collier County, Florida along with the citizens of Collier County are concerned about the use of tobacco products by persons under the age of 18; and WHEREAS, the Board of County Commissioners of Collier County, Florida is undertaking to reduce the visual and physical availability of tobacco products to minors in an effort to reduce tobacco product use by that age group; and WHEREAS, the Board of County Commissioners of Collier County, Florida finds that the customary business practice of selling cigars and pipe tobacco (also known as specialty tobacco stores) allows access to physically touch and smell those products prior to purchase, and the sale and delivery of cigars and pipe tobacco is exempt from certain provisions of Chapter 569, Florida Statutes; and JUL 3 1 2001 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 WHEREAS, the Board of County Commissioners of Collier County, Florida finds that pursuant to Chapter 569, Florida Statutes, tobacco products stores are required to post signs prohibiting the sale of tobacco products to persons under 18 years of age; and WHEREAS, the Board of County Commissioners of Collier County, Florida finds that specialty tobacco stores, as defined in this Ordinance, are not typically patronized by persons under 18 years of age; and WHEREAS, Chapter 569, Florida Statutes, does not prohibit local government from regulating the placement and merchandising of tobacco products in other locations; and WHEREAS, the United States Supreme Court has held in Yillage of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 109. S.Ct. 1186, 71 L.Ed.2d 362 911962, that ordinances that regulate the commemial marketing of items that may be used for legal purposes does not violate the First Amendment; and WHEREAS, the board of County Commissioners desires to regulate the placement of tobacco products in the best interests of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: Section 1 - Recitals: The foregoing recitals are true and correct and incorporated herein by reference. S~ction 2 - Intent: This Ordinance is intended to prevent the sale and delivery of tobacco products to persons under the age of 18 by regulating the commercial marketing and placement of such products. This Ordinance shall not be interpreted or construed to prohibit the sale or delivery of tobacco products which are otherwise lawful or regulated pursuant to Chapter 569, Florida Statutes. .S. ectlon 3 - Definitions: For the purpose of this Ordinance, the following definitions shall apply: a. Vendor means any individual, sole proprietorship, joint venture, corporation, partnership, cooperative association, or other legal entity licensed as a dealer in tobacco products pursuant to Chapter 569, Florida Statutes, and any employee or agent of said dealer. b. Tobacco Products include loose tobacco leaves, and products made from tobacco leaves, in whole or in part, which can be used for smoking, sniffi g or~~.n[~g but NO.. ~ JUL 3 1 2§0! Pg. 1 not limited to cigarettes, cigars, pipe tobacco, snuff or smokeless tobacco, and chewing tobacco. 2 Tobacco product also includes cigarette wrappers 3 c. Specialty Tobacco Store means an establishment primarily in the business of 4 selling cigars, pipe tobacco and other tobacco products. 5 d. Open Display Unit means a case, rack, shelf, counter, table, desk, kiosk, booth, 6 stand, or other surface that allows direct public access to the product placed therein. 7 e. Restricted Access Area means a physically confined area with immediate access 8 limited to the vendor or the vendor's employee[s]. 9 f. Self-service tobacco merchandising means an open display of tobacco products 10 that the public has access to without the intervention of the vendor or employee[s] of the vendor. 11 Section 4 - Placement of Tobacco Products in open Display Unit. 12 No vendor shall place tobacco products in an open display unit unless such unit is located 13 in a restricted access area or sell, permit to be sold, offer for sale, or display for sale any tobacco 14 products by means of self-service merchandising in a non-restricted access area. 15 Section 5 - Exceptions: 16 a. An establishment that prohibits persons under 18 years of age on the prem/ses. 17 b. Specialty tobacco stores. 18 Section 6 - Enforcement. 19 The provisions of this Ordinance shall be enforced by any procedure permitted by 20 Chapter 162, Florida Statutes or other applicable Florida Law. 21 Section 7 - Aoolicabilitv. 22 The provisions of this Ordinance shall apply to all areas of Collier County including 23 those areas within the incorporated municipalities of the County. 24 Section 8 - Severabilit¥. 25 If any section, sentence, clause, or phrase of this ordinance is held to be invalid or 26 27 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of the ordinance. Section 8 - Effective Date. This Ordinance shall take effect upon i~s being filed with the De 28 29 30 31 32 33 34 mrtment of State of Florida. A~ID,~mM NO. o JUL 3 1 2001 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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: By: DWIGHT E. BROCK, Clerk JAMES D. CARTER, Ph.D, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY A~iQ01ELINE ~JBBARD ROBINSON stant County Attorney H/Jackie../O rdin an ce/Tobacco AGENDA ITEM - NO. ~' -" JUL 3 1 2001 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISTO1LICAI~ARCHAEOLOGICAL PRESERVATION BOARD OBJECTIVE: To appoint 1 member to fulfill thc remainder of a vacant term, expiring on October 1, 2002 on the Historical/Archaeological Preservation Board. CONSIDERATIONS: The HistoriedArehaeologieal Preservation Board has 1 vacancy representing the category of Real Estate, due to the resignation of Mr. Charles D. Dugan, Jr. on May 20, 2001. This 7-member board is vested with the power, author, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commi~ioners. Members must comply with the financial disclosure laws of the State of Florida. Terms are 3 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizen: APPLICANT C.ATEGORY DIST ELECTOR ADV. COMM. Thomas W. Franchino ] Real Estate/Land Development [ 2 ] Yes ] None COMMITTEE RECOMMENDATION: Thomas W. Franchino FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to fulfill the remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners JULY 31, 2001 A M Pg .....,/ Memorandum RECEIVED 2 I 2001 Board of Count~' Commissioners TO: FROM: DATE: SUBJECT: Sue Filson, Administrative Assistant Board of County Commissioners Ray Bellows, Principal Planner June 20, 2001 Historic Preservation Board Vacancy Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to the vacancy on the above referenced advisory committee. The Preservation Board has received a resume from Thomas W. Franchino. The vacancy is for the Real Estate - Land Development category on this board. · Based on the Preservation Board's review of the applicant's resume, they have recommended the appointment of Mr. Franchino to fill the vacancy. If you have any questions concerning this matter, please do not hesitate to contact my office. RVB/rb cc: John Dummck Susan Murray Community Development & Environmental Services Division Planning Services Historical/Archaeological Preservation Board Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndEocpDate 2nd Term Ms. Diane M. Gonzalez 809 Walkerbilt Road, Suite 3 Naples, FL 34110 District: 2 Category: Citizen-At-Large 640-0088 09/01/92 10/01/95 3 Years 43n-8~96 01/26/99 10/01/01 3 Years Ms. Joanne Marro Quinn 1084 Sixth Street, South Naples, FL 34102 Distri~: 4 Category: Citizen-At-Large 03/24/98 10/01/98 7 mo. 261-9468 01/26/99 10/01/01 3 Years Mr. Alex Dusek 963 Fountain Run Naples, FL 34119 District: 1 Category: I4_isto~ Mr. Charles D. Dugan, Jr. ,,.~ ,0x>'- 640 Via Mezner, g601 Naples, FL 34108 District: 2 Category: Real Estate/Land Development 09/01/98 10/01/00 2 Years 774-2428 10/10/00 10/01/03 3 Years 09/12/00 10/01/02 2 Years Mr. William J. Dempsey 1836' Harbor lane Naples, FL 34104 District: 4 Category: Citizen-At-Large 649-49O0 417-5683 10/10/00 10/01/03 3 Years Mr. William J. Tyson 732 Hernando Drive Marco Island, FL 34145 District: 1 Category: Landscape Architect 09/08/98 10/01/00 2 Years 304-6800 10/10/00 10/01/03 3 Years 'lit~day, October 10, 2000 P~ge 1 of 2 2001 Historical/Archaeological Preservation Board S~ FFori~ Phone Appt'd Exp. Date Term Home Phone Date. Re-al)pt 2ndExpDate 2nd Term Mr. John W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34! 10 District: 2 Category: Arcaaeology 10/15/96 10/01/99 3 Years 597-2269 10/12/99 10/01/02 3 Years This 7 member committee was created by Ord. No. 91-70, and repealed and amended by LDC Div. 1.22.1 Ord. No. 91-102. This board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and amhaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissionem. Membership is composed of 7 members from the following categories: a. history; b. amhaeology; c. Real Estate, land development, or finance; d. architecture; e. law or urban planning; and, f. 2 positions will be filled by citizens at large. ~=ach year with the Supervisor o-'Ef"E/~5'~3/'~. Terms are 3 years. FL STol T: Staff: Bob Mulhere, Planning Services Director:. 403-2400 Tu~lay, October 1#, 2000 Page MEMORANDUM ' DATE: TO: FROM: June 18, 2001 Vinell Hills, Elections Office SB~arFi ol~f~eAun~' CC~o iVemmissioASSne~sl~ Voter Registration - Advisory Board Appointments The Board of County Commi~ioners 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. HISTORICAL/ARCHAEOLOGICAL BOARD COMMISSION DISTRICT Thomas W. Franchino 183 Westwood Drive Naples, FL 3410 Thank you for your help. MEMORANDUM DATE: TO: FROM: June 18, 2001 Ray Bellows, Project Planner'"'"~ -"//~ Sue Filson, Administrative Assista~- Board of County Commissioners Historical/Archaeological Preservation Board As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration I have attached the resumes received for your review as follows: Ttmma~q W. Franchino 183 Westwood Drive Naples, FL 3410 Please let me know, in writing, the recorranendation for appointment of the advisory committee within the 41 day tkne-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 J'dL 3 1 LAW OFFICE OF Thomas W. FranChlNO, SUITE iPSO NORTH TAMIAMI TRAIl_ NAPLES, FLORIDA 34102 TELEPHONE {941) 263-8357 TELECOPIER (94J) ~{53-0~45 June 18, 2001 P.A. RECEIVED JUN 1 8 200! of Country Coaa~ss~or~r~ Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 341124977 Re: Historical/Archaeological Preservation Advisory Board Dear Ms. Filson, Please consider this letter as my request for appointment to the Collier County Historical/Archaeological Preservation Advisory Board. As you may recall, I held the seat, which is now vacant, from October 1996 through June 2001'.' I was disappointed to learn in June of 2001, that my resignation from the Board was required due to my candidacy for County Judge. I resigned reluctantly. I would very much like to regain this seat on the Advisory Board. I have enclosed a copy of my resume. I am also a member and Director of the Southwest Florida Archaeological Society, and representative to the Florida Anthropological Society. Thank you for Your-attention to my request. Sin~cerely, ~ Thomas ~tC~Franchino 17'3 THOMAS W. FRANCHINO THOMAS W. FRANCHINO, P.A. 1250 TAMIAMI TRAIL NORTH SUITE 106 NAPLES, FLORIDA 34102 (941) 263-8357 EDUCATION: PROFESSIONAL EXPERIENCE: University of Kansas School of Law, Lawrence, Kansas (J.D., May 1982) University of Illinois, Champaign/Urbana, Illinois (B.A., May 1975) Major - political science Minor - psychology June 1998- present Shareholder Law Office of Thomas W. Franchino, P.A., Naples, Florida AREAS OF PRACTICE: LICENSES: June 1995-May 1998 Shareholder Franchino & Rawson, P.A., Naples, Florida June 1992 - June 1995 Shareholder Lehman, Franchino, & Rawson, P.A., Naples, Florida March 1988 - May 1992 Associate and Shareholder Siesky and Lehman, P.A., Naples, Florida August 1982 - November 1986 Staff Attorney Mid-Minnesota Legal Assistance, Inc., Minneapolis, Minnesota January 1982 - May 1982 Student Director _ Douglas County Legal Aid Society, Lawrence, Kansas Civil Litigation Practice with emphasis in appeals, local government, civil right torts, eminent domain, creditors' remedies. State of Minnesota (October 1982) U.S. District Court - Minnesota (January 1983) State of Florida (October 1987) U.S. District Court - Middle District of Florida (July 1988) U.S. Court of Appeals - Eleventh Circuit (September 1993) 3[3' 3 2001 COLLIER COUNTY AIRPORT AUTHORITY TO: Tom Olliff, County Manager Sue Filson, BCC Administrative Assistant CC: Board of County Commissioners FROM: John Drury, Executive Director BCC July 31, 2001 Board Meeting Special Add On Request DATE: July 30, 2001 The following four (4) Airport Authority Board members (which represent the majority of the seven (7) member Board) Monte Lazarus, Stephen Price, Ernest Spinelli and Karl Geng, term expires on August 10, 2001 which does not leave a quorum for the Airport Authority to conduct business. Therefore, I seek your approval to add on to Tuesday's agenda, July 31, 2001, a request to temporarily extend their terms for 60 days until such time as the Board of County Commissioners has had an opportunity to review all resumes. It is my understanding that the closing date for these positions was July 20,2001. Please advise if you can accommodate this request to be added onto tomorrow's agenda. JUL 3 1 2001 / EXECUTIVE SUMMARY DISCUSSION OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S PROPOSED FLOOD INSURANCE RATE MAPS FOR COLLIER COUNTY. OB..IECTIVE: To brief members of the Collier County Board of County Commissioners (BCC) on the technical findings by Tomasello Consulting Engineers (study contractor retained by Collier County, Marco Island and the City of Naples for the purpose of reviewing the flood maps) on the Flood Insurance Study (FIS) and recommendation to the Flood Map Review Committees regarding the (FIS), and to gain Board approval to reject FEMA's proposed changes to the Flood Insurance Rate Maps and enter into the appeal process. CONSIDERATIONS: In December 1998 the Federal Emergency Management Agency's general consulting contractor, Dewberry & Davis, Fairfax, Virginia submitted preliminary Flood Insurance Rate Maps (FIRMs) to unincorporated Collier County, the City of Naples, City of Marco Island, and Everglades City. Shortly after receiving the flood maps, a map review committee was organized which was comprised of all of the aforementioned local governments, along with representatives from the real estate, insurance, building, engineering, and architectural sectors. The Cities of Naples and Marco Island and unincorporated Collier County formally agreed to fund a review of the study. During that time period, many of the general map issues were settled; however, the map review committee continues to be at an impasse with FEMA's study contractors regarding technical issues on stillwater elevations, wave set-up magnitude, and inland penetration of wave set-up. Much of Tomasello Consulting Engineers' review process consisted of raising serious concerns about calculations and methodology on the coastal study, which took weeks and months for clarification from their study contractor, rather than simply retrieving data from their flood study's files. Accordingly, FEMA and their contractors have amassed a fine defense should they be required to justify the content of their study in court. At the same time, FEMA representatives continued to verbalize that, if Tomasello could prove that the FIS study was incorrect or provide new technology to improve their study, then they would accept the data. In retrospect, FEMA lead the map review committee "down the path." Last September, Doug Bellomo of FEMA in Washington stated in a conference call with the committee that he generally thought Tomasello was correct in some of its findings and to paraphrase Bellomo's comment ... he said that he would like to put everything in a neat little bundle for Collier County. After the meeting ended, everyone on the committee was astonished because the committee interpreted his statement as an acknowledgement of Tomasello's findings. However, that exuberance was short lived. Later that month, Bellomo announced that he would arrange for a second opinion of their contractor. Later, after the change in administration, Beard and Associates of Toronto, Canada, was retained by Dewberry & Davis to review their FIS and the results of the study were made available to the committee in June. Beard & Associates' calculations mirrored FEMA's proposed FIS. JUL 1 2001 ACCOMPLISHMENTS: Golden Gate Estates: FEMA's proposed maps changed flood zones from "D" to unnumbered "A" for Golden Gate Estates and surrounding areas and had the potential to cause significant impact in that lenders would have required homeowners to obtain flood insurance. Tomasello Consulting Engineers was retained by Collier County to establish a complete study for that area. Tomasello Consulting Engineers has recently completed and submitted the Sheet 2D study for Golden Gate Estates. The study will establish numbered A zones and X zones in the estates. FEMA's change in the Vertical Datum to the North American Vertical Datum would necessitate surveyors and government to create backup filing systems, increase cost for county and city contractors for capital projects, and cause additional administrative costs for changing land development codes. The map review committee was successful in convincing FEMA to produce the new maps in NGVD and NAVD. The County wishes to maintain the use of NGVD due to the extensive amount of data already maintained. UNRESOLVED ISSUES: City of Naples-An increase in the VE zone and AE zone and decrease of the X zones in the City of Naples will cause an increase in construction costs, an increase in insurance premiums, and a diminishing in the ambiance in relation to existing homes that were built at current or previous required elevations. Unincorporated Collier County-An increase in the VE zone and AE zone and decrease of the X zones throughout Pelican Bay and Vanderbilt Drive will cause an increase in construction costs, an increase in insurance premiums, and a diminishing in the ambiance in relation to existing homes that were built at current or previous required elevations. Areas in the northern portion of the county east of US-41 will see an increase of AE-zones and decrease in X zones (flood insurance not required in X zones). Tomasello Consulting Engineers is available to rebut FEMA as part of the appeal process. The cost for their participation would be no more than $50,000 for the entire county. Please refer to the attached proposal. FISCAL IMPACT: The adoption of these flood maps, as proposed, will cause a significant impact to the citizens of Collier County in costs of construction (up to $6,000 -$10,000 per unit for additional elevations and $50,000 per unit for engineering and construction of breakaway walls and foundations in VE Zones). A break in insurance where flood zones have been elevated will cause homeowners to pay higher premiums. If the appeal process is followed, there will be an additional cost of $50,000 for the consulting engineers as a part of that process, which cost will be shared by the City of Marco, City of Naples, and Collier County. AGENDA I.TEM ~,t JUL3 1 ~001 Pg., ,c9('''~ , GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Collier County Board of County Commissioners reject the proposed changes to the FIRMs. Naples City Council recently voted 7-0 to appeal the maps and to solicit lobbying support from Federal and State Representatives. Bob Devlin, FEMA Coordinator City of Naples /!/ Building Review and Permitting Joh~)unnt~ck, I-n[~rim Administrator Corrgnunity Development and Environmental Services DATE: q'" ~"~/ DATE: 7]74~Jb; AGENDA ITEM JUL 3 1 ~001 PIT. ''~ Tom, asello Consulting Engineers, Inc. 5906 Center Street, Jupiter, Florida 33458" Phone 561-575-3910 Fax 561-744-1865 dixietom@aol.com July 18, 2001 Mr. Bob Devlin City of Naples 295 Riverside Circle Naples, Florida 34102 Proposal for Professional Engineering Services Flood Insurance Rate Map Appeal, Collier County, Florida Dear Bob, We are pleased to submit this proposal for professional engineering services to accomplish the scope of work described as follows: Scope of Work Task 1 Storm Parameter Probability distributions will be developed based on dependencies between storm central pressure and storm direction. The SFWMD 1984 study assumed storm parameter probabilities were independent. This assumption resulted in more conservative (higher) 100-year still water flood elevations. Tomasello Consulting Engineers, Inc. (TCE) will use available NWS and FEMA archives to update storm parameter probabilities for historic storms in the Collier County vicinity. The dependency of storm central pressure on storm direction will be emphasized. Task 2 Coarse Grid Storm Surge Model will be developed and rerun. No storm surge simulation model results from the SFWMD study exist today. Such model results are necessary in order to quantify the effects of the storm probability dependencies. The coarse grid model will be reestablished and rerun with the hypothetical storms necessary to determine 100-year storm surge elevations along the open coast. Task 3 Probability analyses of hypothetical storm surge elevations to determine 100-year Flood Elevations. The PROBS program will be applied to establish 100-year flood levels for the open coast shoreline for all of Collier County coa;t La:,~t~fo'~ ~r ~ the storm statistics developed in Task 1 and the storm surge elevatio~ cor/~~ in Task 2. ] JULS!2001 L PO .... ,[ Mr. Bob Devlin July 18, 2001 Page 2 Task 4 Analyses of wave setup propagation inland will be accomplished for select locations to demonstrate the effect of dunes, vegetation, topography, other obstructions and diversions to flow. Task 5 WHAFIS Analyses will be performed on the new 100-year still water flood levels developed in Task 3, modified with wave setup as determined from Task 4. Task 6 Prepare a request under "Freedom of Information Act" for hindcast simulations from previous FEMA studies that demonstrate the ability (or lack thereof) of the FEMA storm surge model to estimate still water flood elevations observed during the hindcast storms. The information received as a result of this request will be reviewed relative to the implication to wave setup add-ons to the 100-year still water flood elevations on the open coast and points inland behind barrier islands. Task 7 A report will be prepared summarizing work accomplished in Tasks 1-6 and presenting conclusions/recommendations. Mapping of the final flood elevations will be accomplished on the AutoCAD panels as presented by FEMA. Fees TCE will accomplish the above scope of work for the following fees: Task 1 $8,000.00 Task 2 $22,000.00 Task 3 $7,000.00 Task 4 $5,000.00 Task 5 $5,000.00 Task 6 $ 600.00 $5,000.00 Task 7 $5,000.00 $8,000.00 request preparation review of information for AutoCAD mapping A~ENDAJTE~ JUL 3 1 2001 In my opinion there is no distinguishable breakdown of the benefits between Collier County and the City of Naples from these study tasks. Mr. Bob Devlin July 18, 2001 Page 3 This proposal includes the attendance of a maximum of three meetings to discuss the methodology applied and the results. Depositions and court testimony are not included in this proposal. If' this proposal is acceptable to you, please sign both copies and return one. Sincerely, Richard S. Tomasello, P.E. Signed: Date: RST/dt JUL3 1 2001 EXECUTIVE SUMMARY THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PROVIDING A SUMMARY OF A PREVIOUS INTERPRETATION OF THE LAND DEVELOPMENT CODE SPECIFICALLY AS IT RELATES TO OUTDOOR STORAGE AS A USE PERMITTED BY RIGHT IN ASSOCIATION WITH A PRINCIPAL PERMITTED USE IN THE C-4, GENERAL COMMERCIAL ZONING DISTRICT FOR DISCUSSION PURPOSES AS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS. OBJECTIVE: To provide a summary of the Division's interpretation of the Land Development Code, specifically of the C-4, General Commercial zoning district, specifically as it relates to the use of outdoor storage. CONSIDERATIONS: The table of permitted uses in each zoning district classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with a principal use and is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex, or a golf course customarily associated with and integrally related to a residential subdivision or multi- family development would be regarded as accessory to such principal residential uses, even though such facilities if developed apart from a residential development may require a conditional use permit. To be commonly associated with a principal use it is not necessary for an accessory use to be connected with such principal use more times then not, but only that the association of such accessory use with such principal use takes place with sufficient fi'equency that there is common acceptance of their relatedness. The zoning district in question, General commercial, C-4, is described as one whose purpose and intent is to concentrate commercial development at the intersections of arterial roads on the county's major road network, to avoid strip and disorganized patterns of commercial development and to allow a broad range of commercial uses with appropriate standards to ensure adequate landscaping and buffering of adjacent land uses. Although not expressly allowed as a principal permitted use, outdoor storage yards may be indirectly permitted by right in the C-4 zoning district as an accessory use to a permitted use allowed by right. For example, Automotive Dealers are a permitted principal use in the C-4 zoning district. Repair services are commonly associated with automotive dealers. Incidental services occurring on an automotive dealer's site would include towing of vehicles and the storage of vehicles (both operable and in-operable). Marinas (SIC 4493), permitted principal use in both the C-3 and C-4 zoning districts, permit by right as a principal use boat yards, storage and incidental repair. All uses permitted by right that AGENDA ITEM. JUL 3 1 2001 allow the outdoor storage of water related vehicles. Amusement and recreation services, outdoor (SIC 7999) specifically allow for houseboat rental, pleasure boat rental, the operation of party fishing boats, and canoe rental. All are uses which are commonly associated with the outdoor storage of water related vehicles, the storage of which would be considered accessory to the permitted principal use of outdoor recreation services. Both the C-3 and C-4 zoning districts allow SIC 7549 Automotive Services, and the C-4 district allows SIC 7521 Automobile Parking. Permitted uses listed in SIC 7549 include road service, automotive; towing service, automotive; wrecker service (towing,), automotive; inspection service, automotive, and the like. Uses listed in SIC 7521, include parking lots, structures and tow-in parking lots. Parking lots could be considered the outdoor storage of vehicles on both a long term and a short-term basis. Commonly associated with towing establishments, may be the need to provide incidental services, such as storage, and emergency road repair services. The C-4 zoning district is not silent to the prohibition of outdoor storage or outdoor activities, which may be incompatible to'abutting land uses. For example, Agricultural services (0741) specifically excludes outdoor kenneling; Amusements and recreation services, outdoor (7999) specifically excludes uses such as motorcycle rental, moped rental, and go-cart rentals. Planning staff accepted, reviewed and approved a Site Development Plan for commercial property in a C-4 zoning district allowing for a retail tack and feed store, coupled with an automotive towing service and accessory temporary storage yard for towed vehicles which encompasses approximately 7,000 square feet of a 93,665 square foot parcel. This acceptance and approval was based on Planning staff's opinion that the list of principal uses permitted by right in both the C-3 and C-4 zoning district (specifically SIC 7549 and 7521 - C4 only) allows for an automotive towing service and/or tow-in parking. In staff's opinion, also permitted by right as an accessory use to the towing service, is a properly screened and buffered storage yard to temporarily store towed vehicles. In a memorandum dated June 12, 2001, the County Attorney's office opined also to that end (memorandum attached), which was supported in writing by the Community Development Administrator to the Board of County Commissioners. FISCAL IMPACT: No fiscal impact associated with this type of analysis. GROWTH MANAGEMENT IMPACT: This information will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATIONS: It is staff's opinion that Section 2.2.15.2.2. of code specifically allows by right, uses and structures that are accessory and incidental to the uses permitted as of right in the C-4 zoning district. Furthermore, where the code is silent as to the prohibition of outdoor storage yards commonly associated with permitted principal uses, then they are permitted by right as allowed by the above referenced section. The Board should consider that if they disallow the use of outdoor storage as a use permitted by right in association with a principal permitted use, then the 2 biO. ~ JUL 3 1 2001 interpretation will carry forward to all uses which commonly have outdoor related storage as mentioned previously in this report, those being Automotive Dealerships, Marinas, Boat Rental and Automotive Service Centers. The Board may want to consider addressing their concerns regarding outdoor storage in the C-4 zoning district through the upcoming Land Development Code amendment cycles. PREPARED BY: CURRENT PLANNING MANAGER DATE REVIEWED BY: THOMAS E. KUCK, PE DATE INTERIM DIRECTOR, PLANNING SERVICES DEPARTMENT APPROVED BY: JOHN ~1 DUNNUCK, III INTERIM ADMINISTRATOR DATE COMMIJNITY DEVELOPMENT & ENVIRONMENTAL SVCS. 3 A(~ENp&ITF~ No. ~C) J~ JUL 3 1 001 MEMORANDUM DATE: TO: FROM: RE: June 12, 2001 Susan Murray, Interim Current Planning Man~r Patrick G. White, Assistant County Attorney C-4 Zoning District RLS No.: PLS 010604-02 You have initially asked whether an area for temporary parking of towed vehicles would be considered an accessory or incidental use to the permitted use of "tow-in parking" (SIC 7521) or "towing services" (SIC 7549). As background, you have stated that a "towing service" is a permitted use in the C-4 zoning district (pursuant to LDC § 2.2.15.2.1.1., which incorporates the permitted uses of the C-3 Commercial Intermediate District, specifically LDC § 2.2.14.2.1.4.). Additionally, you point out that "auto... parking" is a permitted use pursuant to § 2.2.15.2.1.5. My analysis of § 2.2.15.2.2. 1., indicates that uses and structures that are accessory and incidental to the uses permitted as of right in the C-4 zoning district are themselves "permitted" uses. Accordingly, under the SIC 7549 classification, now classified under the 1997 North American Industry Classification System (NAICS) as code # 488410, establishments engaged primarily in towing may provide "incidental" services such as "storage." Furthermore, NAICS code # 812930, which is cross-referenced to SIC 7521, includes parking on an hourly, monthly, or daily basis as a permitted use. Thus, whether considered to be an allowable use as part of "tow-in parking" or a permitted or accessory use under "towing service," a facility or area for temporary parking for towed vehicles appears to be allowed as an accessory use and structure. This conclusion is specifically limited, however, to 1) the siting of the "storage" use, and 2) the construction of any corresponding structure, being incidental and subordinate to the permitted use(s) which may be developed. See § 6.3, for the definition of "accessory use or structure," indicating that such use or structure must be of a nature customarily incidental and subordinate to the principal use or structure. Secondly, you have inquired as to whether the express inclusion of "outdoor storage yards" in the C-5 Heavy Commercial District and the absence of the same terms as a permitted use in the C-4 Intermediate Commercial District reflects a confiict in the LDC because the C-4 zoning district does not specifically otherwise allow or authorize outdoor storage. Although temporary parking of towed vehicles is not an expressly enumerated use in the C-4 zoning district, the foregoing analysis and conclusion make clear that in the absence of any express prohibition against "outdoor storage yards" or other similar uses JUL 3 1 2001 RE: C-4 Zoning District RLS # PLS 01060402 Page 2 of 2 June 11, 2001 in C-4, there does not appear to be an express conflict in the LDC on this issue. By applying the foregoing requirements pertaining to siting and construction, in combination with the standards for landscaping and buffering as expressed in the Purpose and intent provisions of § 2.2.15.1., the impacts from this type of incidental use and corresponding structure(s) may reasonably be accommodated by adjacent land uses. As such, this office is of the opinion that there also is not implicit conflict. The conclusion that there is no internal code conflict is buttressed by the fact that unless the proposed "storage' uses are operated in a manner that would create a nuisance, the uses themselves should be compatible with adjacent land uses. Notwithstanding the absence of an express conflict, however, staff should not fashion a general rule from this response to your request, as each such case should be evaluated on its own individual facts and applicable regulations. Lastly, your request inquires as to whether "incidental storage" relates to the storage of the vehicles actually used for towing, or to the vehicles being towed. In response, the phrase "incidental storage," seems to most logically apply to the vehicles being towed by the tow vehicle. But logic does not preclude application of the phrase to the tow vehicles themselves as well, because their "storage" on the subject premises is implicitly permitted by right, regardless of whether they are considered as part of a permitted or an accessory use. Should you have further questions with regard to this matter, please let me know. PGW:kjt CC: David C. Weigei, County Attorney John M. Dunnuck, III, Interim Administrator, CD&ES Ross Gochenauer, Planning Services Public~Patrick~GWMemo~lurray-C-4 Towing AG ENDA~ITE~ JUL 3 ! ~001 EXECUTIVE SUMMARY TO ADOPT PROPOSED FY 2002 MILLAGE RATES OBJECTIVE: To adopt the proposed millage rates as the maximum property tax rates to be levied in FY 2002. CONSIDERATIONS: The tax rates hereby adopted must be provided to the Property Appraiser by August 4, 2001 for use in preparing the Notice of Proposed Taxes. Each Collier County property owner will receive this notice, which must be mailed by August 24 under Florida Truth in Millage (TRIM) law. During the September public hearings the Board may maintain or lower millage rates in each taxing unit at the level of the proposed millage rates. The millage rates may not be raised subsequent to this adoption, without meeting additional public notice and advertising requirements. The proposed millage rates and associated tax dollars are included as attachments entitled "Property Tax Rates - FY 02 Proposed" and "Property Tax Dollars - FY 02 Proposed". The proposed General Fund (001) millage rate of 3.9077 i s equivalent to $ 390.77 per $100,000 of taxable value or 11.6% greater than the adopted FY 01 tax rate. The proposed county wide millage rate of 3.9509 is equivalent to $395.09 per $100,000 of taxable value or 11.4% greater than the adopted FY 01 tax rate. · The proposed Unincorporated Area General'Fund (111) millage rate of .8069 is equivalent to' $80.69 per $100,000 of taxable value or 4.2% less than the adopted FY 01 tax rate. The proposed 4.5762 aggregate millage rate, which factors in all special taxing districts, is equivalent to $390.77 per $100,000 of taxable value or 11.6% greater than the adopted FY 01 tax rate. Public hearings on the FY 2002 Collier County budget will be held on Wednesday, September 6, 2001 and Wednesday, September 20, 2001 at 5:05 p.m. in the third floor boardroom in the W. Harmon Turner building at the County Government Center Complex. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: The proposed General Fund (001) millage rate of 3.9077 is budgeted to generate $130,652,700 in ad valorem tax revenue in FY 02. The proposed Unincorporated Area General Fund (111) millage rate of 0.8069 is budgeted to generate $16,299,000 in ad valorem tax revenue in FY 02. The proposed 4.5762 aggregate millage rate, which factors in all special taxir budgeted to generate $153,005,100 in ad valorem tax revenue in FY 02. ITEM /o.'D JUL 3 1 2001 RECOMMENDATION: That the Board of County Commissioners: 1. Adopt by Resolution the proposed property tax rates for fiscal year 2002 as detailed in the attachments. Submitted by: /~/~S-~-""~-"~ Date: )-/o°'-t~) / Michael Smykowski, OMB Director Approved by'] Thomas W. Olliff, C~~anag~r AGENDA ITEM JUL 3,1 ZOO! Pg.. ,2 Collier County, Florida Property Tax Rates FY 02 Proposed Attachment "A" Total County Wide Millage Rate 3.5473 3.0932 3.9509 27.7% Ugincorporated Area Genenil Fund ~;'-· . ',.:11 t 0 8425,: '. OO 0.8069~ , 6.5 ~A Golden Gate Community Center 130 0.3902 0.3532 0.4330 22.6% 139 0.0000 0;'0000 0.~0000 . . #N/A Pine Ridge Industrial Park 140 0.0674 0.0612 0.0485 -20.8% 134":: i 0.2022 0..1920 '. 0.1722 ' - -10.3% Golden Gate Parkway Beautification Isle of Capri Fire 136 0.5000 0.4652 0.5000 7.5% :,. 14l ~i''~:,:, ~ 7:,?j~'i: 010383 0,0309' ': :~ ~0,;0304~~ "::-1:6% 144 1.0000 0.8464 1.0000 18.1% :oilier County Fire 148 2.0000 1.9192 2.0000 4 :: : :~6:.9~I Radio Road Beautification 150 0.5000 0.4637 0.5000 7.8% [ ' 152 1.5000 1.4089 2.0000 42.0%[ Lely Golf Estates Beautification Bayshore Avalon Beautification 160 3.0000 Isles of Capri Municipal Rescue Naples Production Park Street Lighting 244 0.0000 0.0000 0.0000 #N/A 770 0.0467 0.0375 0.0413 10.1% AGENDA ITEM No. /O ~ JUL 3 I 20011 Pg._,,, Collier County, Florida Property Tax Dollars FY 02 Proposed Attachment A Golden Gate Community Center Pine Ridge Industrial Park 98,409,273 103,421,302 132,098,100 130 326,103 347,240 425,700 22.69 140 20,819 21,332 16,900 -20.8% Golden Gate Parkway Beautification 136 216,090 222,153 238,800 7.5% Naples Production Park 141 9,037 9,354 9,200 -1.6% Goodland/Horr's Island Fire 149 62,159 63,057 58,700 -6.9% Hawksridge Stomawater Pumping MSTU 154 4,000 -~ ~ 4,683 2,600 -44.5% Fores~ Lak s Roadway ~ ~mma MS 55 il00 639 ~0O 6~3 ~O~ 8~0 6 t ~ !mmokalee Beautification MSTU !56 243,860 245,394 264,100 7.6% Parks GOB Debt Service Naples Prod. Park St. Lighting 206 882,486 935,083 856,100 -8.4% 770 10,996 11,363 12,500 10.05 Pelican Bay MSTBU 778 509,842 540,816 617,000 14.1% Total Taxes Levied 117,716,718 123,846,544 153,861,200 Aggregate Taxes 116,834,231 122,911,462 153,005,100 AGENDA I ~T.~M No. JUL 3 1 2001 Pg._ 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 41 42 43 RESOLLrrION NO. 2001 - _ A RESOLUTION APPROVING THE COUNTY'S PROPOSED MII,LAGE RATES AND SETTING THE PUBLIC HEARING DATES FOR ADOPTION OF THE 2001/02 AMENDED TENTATIVE BUDGETS AND 2001/02 FINAL MILLAGE RATES AND BUDGETS. WHEREAS, Section 200.065, Florida Statutes, provides the procedure for fixing the millage rates; and WHEREAS, Section 129.03, Florida Statutes, sets forth the procedure for preparation and adoption of the budget and WHEREAS, thc Board of County Commissioners has received and examined thc tentative budgets for each of the County's funds including all estimated receipts, taxes to be levied and balances expected to be brought forward and all estimated ~pcnditu~s, reserves and balances to be carried over at the ~nd of the yea~, and WHEREAS, Section 200.065, Florida Statutes, provides that the Board of County Commissioners shall hold public hearings to adopt the tantativc budgets. NOW, THEREFORE, BE IT RESOLVED BY TI-IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, St: 1. The proposed millage rates as set forth in the attached Exhibit "A" and incorporated herein are hereby approved as the County's proposed millage rates pursuant to Secti°ns 129.03 and 200.065, Florida Statutes. 2. The public hearings to adopt the 2001/02 amended tentative budgets and 2001/02 final millage rates and budgets, respectively, pursuant to Section 200.065, Florida Statutes, will bc held by the Board of County Commissioners on September 6, 2001 at 5:05 p.m. at the Coliier County Government Center, W. Harmon Turner Building, Third Floor Board Room, 3301 East Tamiami Trail, Naples, Floficla and cra September 19, 2001 at 5:05 p.m. at the Collier County Governmmt center, W. Harmon Turner Building, Third Floor Board Room, 3301 East Tamiami Trail, Naples, Florida. This Resolution adopted this 31st day of July, 2001 after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, CLERK COLLIER COUNTY, FLORIDA By: By: DEPUTY CLERK Approved as to form and vidC. Weige;' Collier County Attorney - I - James D. Carter, Ph.D., CHAIRMAN AGENDA ITEM No. !0 J U L 3.1 2001 Pg. ~5~ EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUNTY FOR AN ADVANCED LIFE SUPPORT (ALS) ENGINE PARTNERSHIP PROGRAM OBJECTIVE: Request the Board of County Commissioners approve an Interlocal Agreement between the City of Marco Island and Collier County for an Advanced Life Support (ALS) Engine Partnership Program. CONSIDERATION: The Advanced Life Support (ALS) engine parmership program will provide advanced life support services to the City of Marco Island and surrounding areas utilizing a County EMS Paramedic/firefighter assigned to a City of Marco Island vehicle. In exchange for the County EMS Paramedic/Firefighter assigned to the City of Marco Island's vehicle, the City of Marco Island will assign a City Firefighter/Paramedic or Firefighter/EMT to a County EMS Paramedic vehicle. This partnership program enhances the current dispatch procedures by providing a more rapid advanced life support response to second 911 emergencies, while maintaining the high quality of County EMS paramedic services. A similar program was implemented with the North Naples Fire Control and Rescue District in September of 1999, and has proven very successful. Since its implementation, the program has significantly contributed to improved patient outcomes and the saving of lives. The City Council of Marco Island approved the Interlocal Agreement for the ALS Engine Partnership on July 16, 2001. FISCAL IMPACT: Medical equipment will be purchased in the amount of fifty thousand dollars ($50,000) utilizing monies available in EMS Impact Fee Fund 350. Incentive pay for cross-trained personnel will be funded from EMS Fund 490 at an estimated cost of $12,500 annually. GROWTH MANAGEMENT IMPACT: None. AOENDA~I,TEM No. lO ~' JUL 3 Pg. RECOMMENDATION: The Board of County Commissioners approve the Interlocal Agreement between the City of Marco Island and Collier County for an Advanced Life Support (ALS) Engine Partnership program. SUBMITTED BY: Jeffrey. ,ector o~ Operations Emergency Medical Services Department APPROVED By: ~'~~~~j Thomas Storrar, C.E.M. Administrator, Emergency Services Division A(~ND.~, ITEM No. I~ ~' JUL 3 1 !:'~. ,,~ INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT ENGINE PARTERSHIP THIS INTERLOCAL AGREEMENT, made and entered into this ~ day of 2001, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the CITY OF MARCO ISLAND, (hereinafter called the "CITY"). WITNESSETH WHEREAS, the CITY and COUNTY will participate in a manner consistent with the County's Emergency Medical Services (EMS) Department medical direction, First Responder, EMS Paramedic Vehicle protocols, training and quality assurance on a countywide basis; and WHEREAS, the CITY and COUNty seek to enhance EMS service further through a partnership; and WHEREAS} the Advanced Life Support (ALS) Engine Program parmership provides for a CITY FirefighterfParamedic and/or FirefighterfEmergency Medical Technician, (hereinafter "EMT"), to work and train on a COUNTY EMS Paramedic Transport Unit providing advanced life support paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS Engine parmership provides for a COUNTY ParamedicfFirefighter to work and train on a CITY Fire-Rescue unit providing advanced life support paramedic duties and fire-rescue duties. NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and the CITY agree as follows: SECTION I: COUNTY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY, regarding the ALS Engine partnership: 1.0 1.1 The COUNTY EMS Department, as a sole licensed provider of advanced life support under Chapter 401, Fla. Stat. (2000) and Subtitle 64E-2, Fla. Admin. Code (2000) will license and equip (1) or more CITY fire apparatus or response vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing 911 medical responses. The COUNTY EMS Department will provide one (1) Paramedic/Firefighter to the CITY 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s) licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code. SECTION II: CITY'S RESPONSIBILITY The CITY will be under the obligation of the following specific services, duties and responsibilities regarding the ALS Engine partnership: 2.0 2.1 The CITY will maintain one (1) ALS Engine or rescue apparatus, licensed and equipped by the COUNTY, at Marco Island Station 50 and will respond to 911 medical/fire emergencies as directed by the COUNTY FIREfEMS protocol as an ALS Engine. The CITY will establish and maintain the medical protocol, training and quality assurance programs in conjunction with the COUNTY. The CITY will provide one Firefighter/Paramedic or FirefighterfEMT to the COUNTY EMS Department 365 days per year, 24 hours per day to be stationed within the Marco Island Fire- Rescue Department. A(3ENDA IT~ No. ,/0 JUL 3 1 2001 SECTION III: MUTUAL COVENANTS 3.0 3.1 The COUNTY EMS Department in coordination with the CITY Fire-Rescue Department will be responsible for verifying that CITY Firefighter/Paramedics and/or FirefighterfEMTS meet all requirements for licensure and recertification as Florida Certified Paramedics and/or EMTs. The CITY will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by Florida Statutes and by the rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training. The COUNTY EMS Department and the CITY will provide each other's department employees similar training and internship programs as would be provided for a COUNTY or CITY employed Firefighter/Paramedic or Fireflghter/EMT. SECTION IV: OPERATING PROCEDURES 4.0 4.1 4.2 4.3 4.4 The CITY FirefighterfPal'~medics and Firefighter/EMTs will meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. The COUNTY EMS Department ParamedicfFirefighters will meet the same requirements and perform under the same Fire specialized response protocols, standard operating procedures and chain of command as employees of the CITY The CITY and COUNTY EMS Department will recognize the respective ranks of assigned personnel. The CITY and COUNTY EMS department directors of operations will coordinate all necessary operating procedures. All discipline and investigations leading to discipline will be handled by the respective employing agency. SECTION V: RESOLUTION OF CONFLICTS 5.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict regarding emergency medical patient care, these issues will immediately be decided in the following manner; First and foremost by the medical needs of the patient. The COUNTY Paramedic/Firefighters will have full jurisdiction of medical issues concerning appropriate patient care until resolved. The CITY and COUNTY will assign an EMS liaison officer of Captain rank or higher. Should issues arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VI: SCHEDULING 6.0 The CITY and COUNTY are responsible for their personnel schedules. SECTION VII: AGREEMENT TERM 7.0 7.1 7.2 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate upon completion of the services and responsibilities mutually preformed by the CITY and the COUNTY or until written notice of termination of same. The COUNTY or the CITY may terminate this Interlocal Agreement prior to completion of all terms of said Interlocal Agreement or upon thirty (30) days written notice to each other. Upon execution of this Interlocal Agreement, the CITY agrees not to submit an application for a Certificate of Public Conveyance and Necessity for a period of 2 years or until this Agreement is terminated, whichever is earlier. AOEND,a~ITI::M No. lO~ JUL 3 1 20 I 2 Pg. ~/,, SECTION VIII: INSURANCE 8.0 8.1 8.2 The CITY and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statutes. The CITY and COUNTY agree that either party may be self-insured on the condition that all self- insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28 CITY and COUNTY agree to hold harmless the other, their employees and agents against any and all claims and damages by or behalf of any person, employee or legal entity arising from their respective negligent acts pursuant to this agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on CITY or the COUNTY when it would not otherwise Be responsible. SECTION IX: MISCELLANEOUS 9.0 9.1 9.2 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of the Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable Attorney's fees. It is understood that this Interlocal Agreement must be executed by both parties prior to the CITY and COUNTY commencing with the work, services, duties and responsibilities described heretofore. Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file said agreement as soon as practicable after approval and execution by both parties. IN WITNESS WI-IEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman Approved as to form and legal Sufficiency: ubbard Robinson X~ssistant County Attorney Laura Litzan, Clerk ChairmanJackie/ChiefMurphy' s Interlocal MARCO ISLAND CITY COUNCIL E. Glenn Tucker, AGENDa, ITEM No. It~' JUL 3 1 ZII01 pg. '~ EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND COLLIER COUNTY FOR AN ADVANCED LIFE SUPPORT (ALS) ENGINE PARTNERSHIP PROGRAM OBJECTIVE: Request the Board of County Commissioners approve an Interlocal Agreement between the East Naples Fire Control and Rescue District and Collier County for an Advanced Life Support (ALS) Engine Partnership Program. CONSIDERATION: The Advanced Life Support (ALS) engine partnership program will provide advanced life support services to the East Naples Fire District and surrounding areas utilizing a County EMS Paramedic/firefighter assigned to an East Naples Fire District vehicle. In exchange for the County EMS Paramedic/Firefighter assigned to the East Naples Fire vehicle, the East Naples Fire District will assign an East Naples Firefighter/Paramedic or Firefighter/EMT to a County EMS Paramedic vehicle. This partnership program enhances the current dispatch procedures by providing a more rapid advanced life support response to second 911 emergencies, while maintaining the high quality of County EMS paramedic services. A similar program was implemented with the North Naples Fire Control and Rescue District in September of 1999, and has proven very successful. Since its implementation, the program has significantly contributed to improved patient outcomes and the saving of lives. The East Naples Board of Fire Commissioners approved the Interlocal Agreement for the ALS Engine Partnership on July 10, 2001. FISCAL IMPACT: Medical equipment will be purchased in the amount of fifty thousand dollars ($50,000) utilizing monies available in EMS Impact Fee Fund 350. Incentive pay for cross-trained personnel will be funded from EMS Fund 490 at an estimated cost of $12,500 annually. GROWTH MANAGEMENT IMPACT: None. A(3ENDA_ITEM No./0 JUL 3 1 2901 RECOMMENDATION: The Board of County Commissioners approve the Interlocal Agreement between the East Naples Fire and Rescue District and Collier County for an Advanced Life Support (ALS) Engine Partnership program. SUBMITTED BY: c~,~t ~_,. Date: Jeff~,.r)Directoi/o ~ Operations ' Emergency Medical Services Department APPROVED BY: ~~ Date: ~/~Z/~g>/ Thomas Storrar, C.E.M. Administrator, Emergency Services Division AOENDA ITEM No. JUL 3 1 2001 I:)g. INTERLOCAL AGREEMENT FOR ADVANCED LIFE SUPPORT ENGINE PARTNERSHIP THIS INTERLOCAL AGREEMENT, made and entered into this day of 2001, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY"), and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors, (hereinafter "EAST NAPLES"). WITNESSETH WHEREAS, EAST NAPLES and COUNTY will participate in a manner consistent with the County's Emergency Medical Services (hereinafter "EMS") Department medical direction, First Responder EMS Paramedic Vehicle protocols, training and quality assurance on a countywide basis; and WHEREAS, EAST NAPLES seeks to enhance EMS service further through a partnership with COUNTY; and WHEREAS, the Advanced Life Support (ALS) Engine Program partnership provides for an EAST NAPLES Firefighter/Paramedic and/or Firefighter/Emergency Medical Technician, (hereinafter "EMT"), to work and train on a COUNTY EMS Paramedic Unit providing advanced life support paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS Engine partnership provides for a COUNTY Paramedic/Firefighter to respond to 911 emergencies on a fire engine or rescue apparatus of EAST NAPLES to provide Advanced Life Support paramedic duties and fire suppression duties. NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and EAST NAPLES agree as follows: SECTION I: COUNTY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY, regarding the ALS Engine partnership: 1.0 1.1 The COUNTY EMS Department, as a sole license provider of advanced life support under Chapter 401, Fla. Stat. (2000) and Subtitle 64E-2, Fla. Admin. Code (2000) will license and equip one (1) EAST NAPLES fire engine or rescue apparatus as a non-transporting ALS vehicle under the COUNTY EMS license for the purpose of enhancing 911 medical responses. The COUNTY EMS Department will provide one (1) Paramedic/Firefighter to EAST NAPLES 365 days per year, 24 hours per day to be utilized on a fire suppression vehicle licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code. A(3ENDI~TEM No. JUL 3 1 2001 pg. SECTION II: EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT'S RESPONSIBILITY The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shall provide and perform the following specific services, duties and responsibilities regarding the ALS Engine Partnership: 2.0 2.1 2.2 EAST NAPLES will maintain one (1) ALS Engine or rescue apparatus, licensed and equipped by the COUNTY, at East Naples Fire Station 20 and will respond to medical 911 emergencies as directed by the COUNTY EMS protocol as an emergency medical response and fire suppression vehicle. EAST NAPLES will establish and maintain the medical protocol, training and quality assurance programs of the County. EAST NAPLES will provide one Firefighter/Paramedic or Firefighter/EMT to the COUNTY EMS Department 365 days per year, 24 hours per day to be stationed within the East Naples Fire Control and Rescue District. SECTION III: MUTUAL COVENANTS 3.0 3.1 The COUNTY EMS Department will be responsible for verifying that EAST NAPLES Firefighter/Paramedics and/or Firefighter/EMTS meet all requirements for licensure and recertification as Florida Certified Paramedics and/or EMTs. EAST NAPLES will be responsible for verifying that COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by Florida Statutes and by the rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training. The COUNTY EMS Department and EAST NAPLES will provide the Paramedic/Firefighters of each other's department similar training and internship programs as would be provided for a COUNTY or EAST NAPLES employed Firefighter/Paramedic or Firefighter/EMT. SECTION IV: OPERATING PROCEDURES 4.0 4.1 4.2 4.3 EAST NAPLES Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform under the same standard operating procedures and chain of command as employees of EAST NAPLES. EAST NAPLES and COUNTY EMS Departments will recognize the respective ranks of assigned Paramedic/Firefighters. COUNTY Paramedic/Firefighters will assume command on medical rescue calls. EAST NAPLES Firefighter/Paramedics or Firefighter/EMTs will assume command on fire suppression calls. Each department will provide the appropriate response of command personnel to incidents as necessary to maintain adequate scene command. SECTION V: RESOLUTION OF CONFLICTS If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict regarding emergency medical patient care, these issues will immediately be decided in the following manner: AGENDA ITEM No. _/t~ ~ 2 JUL 3 I 2001 Pill. ~, 5.0 5.1 First and foremost by the medical needs of the patient. The COUNTY Paramedic/Firefighters and EMS command structure will have full jurisdiction until the issues involving the patient are resolved. Should issues arise that are irresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VI: SCHEDULING 6.0 EAST NAPLES Firefighter/Paramedics and Firefighter/EMTs will be assigned to a medic unit located out of EMS station #2. The COUNTY EMS Department Paramedic/Firefighters will be assigned to an ALS Engine or Rescue Apparatus located out of East Naples station 20. SECTION VII: AGREEMENT TERM 7.0 7.1 7.2 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate upon completion of the services and responsibilities mutually preformed by EAST NAPLES and the COUNTY or until written notice of termination of same. The COUNTY or EAST NAPLES may terminate this Interlocal Agreement prior to completion of all of its terms upon thirty (30) days written notice to each other. Upon execution of this Interlocal Agreement, EAST NAPLES agrees not to submit an application for a Certificate of Public Conveyance and Necessity for a period of 5 years or until this Agreement is terminated, whichever is earlier. SECTION Vlll: INSURANCE and HOLD HARMLESS 8.0 8.1 8.2 EAST NAPLES and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statutes. EAST NAPLES and COUNTY agree that either party may be self-insured on the condition that all self-insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28, EAST NAPLES and COUNTY agree to hold harmless the other, their employees and agents against any and all claims and damages by or behalf of any person, employee or legal entity arising from their respective negligent acts pursuant to this agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on EAST NAPLES or the COUNTY when it would not otherwise be responsible. SECTION IX: MISCELLANEOUS 9.0 9.1 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of the Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable Attorney's fees. It is understood that this Interlocal Agreement must be executed by both parties prior to EAST NAPLES and COUNTY commencing with the work, services, duties and responsibilities described heretofore. AGENDA ITEM No. l¢> /'~ 3 JUL 3 1 2001 pg. ,5'"' 9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file said agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: By: Dwight E. Brock, Clerk James D. Carter, Ph.D., Chairman Approved as to form and Legal Sufficiency: Hubbard Robinson ounty Attorney EAST NAPLES FIRE CONTROL AND RESCUE FIRE BOARD Tom Cannon, Chairmanx-'~ Jackie/EastNaples lnterlocalAgreement JUL 3 1 200! EXECUTIVE SUMMARY REQUEST THE BOARD TO DESIGNATE A COMMISSIONER TO ACCOMPANY CONSULTANT AND THE STAFF FOR FIELD ASSESSMENT OF INNOVATIVE SOLID WASTE FACILITIES IN AUSTRALIA OBJECTIVE: Receive direction from the Board regarding plans to inspect the innovative solid waste processing facilities in Australia and Hawaii. Request the Board to designate a Commissioner to accompany staff. CONSIDERATION: On June 26, 2001, staff presented to the Board information on an innovative Municipal Solid Waste Gasification facility in Woolongong, New South Wales, Australia and an innovative Grease Trap Waste processing facility in Hawaii. Staff received direction from the Board to investigate and inspect these facilities. Requesting the Boards' approval for travel and the proposed itinerary will be as follows: Initial travel plans call for three working days in Australia including a visit to the gasification facility and visits with facility neighbors, state regulatory agencies and the environmental community. · Two working days will be spent in Hawaii visiting the grease processing facility and state regulatory agencies. FISCAL IMPACT: Estimated cost for round trip airfare will be between $2,500.00 and $3,000.00 per person. There will be additional costs for hotel, per diem and rental car. Funds are available in Solid Waste Disposal Fund 470. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board: 1) As a follow up to the direction received by the Board on June 26, 2001, authorize staff and the consultant MPI to inspect the innovative solid waste processing facilities in Australia and Hawaii. 2) Designate a Commissioner to accompany staff on field trip. AGENDA ~,,~M No.!O JUL 3 1 2001 Pg. / SUBMITTED BY: Ad~el'a~e Duffy, Adm.~istrative Assistant Waste Management Department REVIEWED BY: '=:::::::::~¢ 2 --~ ~ Date: ~ G George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department A PPROVEDB¥ "-~.~..,~~... ' a~mesV. Mudd, P.E., Administrator Public Utilities Division Date: GGY:jtg/exec sum file JUL 3 1 2001 Executive Summary Consideration of Issues for the Board's 2002 Le.qislative A.qenda Objective: To present a proposed slate of items of interest to Collier County in the 2002 legislative process and seek further input from the Board of County Commissioners in anticipation of the preparation of a full legislative agenda. Considerations: The 2002 Collier County Legislative Delegation Meeting has been scheduled for October 5, 2001. It is staff's intention to present a full legislative agenda for consideration and adoption by the Board at the regular meeting of September 11. This agenda will then presented to the legislative delegation on October 5. What follows is a proposed set of issues around which the proposed legislative agenda will be developed: Code Enforcement There is language in the statutes that is not clear and needs clarification with respect to how Code violations are prosecuted. Ch. 162.23 treats our cases as civil matters but 125.69 calls for the prosecution of local ordinances as cdminal matters. Staff would like to clarify these conflicting statutes. Public Services · Support for the proposed $150,000 funding request in the State's FY 02- 03 Division of Plant Industry budget for the Collier County Horticulture Learning Center. · Request for reinstatement of IFAS budget reductions through adoption of the IFAS Workload Funding Formula. · Florida Animal Control ^ssociation-supported amendment to state statute. ,. Transportation · Indexing of the Local Option Gas Tax. · Support for continued funding of the County Incentive Program, the Transportation Outreach Program and the increase of state bonding for Advanced Bridge Construction and Right of Way Acquisition. · Legislative action to amend the Florida Intrastate Highway System (FIHS) to include SR 29 from 1-75 to SR 80 in Hendry County. Consideration of Issues for the Board's 2002 Legislative Agenda (continued) Emergency Services To require that a change of the licensed EMS provider within the boundaries of Collier County for basic or advanced life support services would require adherence to Collier County Ordinance 81-75 and an affirmative vote of a majority of electors of Collier County voting in a referendum election. Support Services · Real Property - Develop statutory authorization to pay for the acquisition of land and land rights in a more expeditious manner. · Purchasing - Review and increase the allowable per diem paid to county employees engaged in the official business of the county. Human Resources - Adoption of statutory language allowing for the reimbursement of college coursework not directly related to a specific job title, duty or function but required for a job-related degree. Human Resources - Consideration of change to the Florida Retirement System, increasing the multiplier used in determining the retirement benefit for regular class employees to 2.0. Recommendations: That the Board of County Commissioners review the proposed legislative agenda issues, provide additional input and further direction as desired regarding additional items to be added for consideration on September 11. Prepared By: Michael A. McNees Assistant County Manager EXECUTIVE SUMMARY SUMMARY OF GLADES AND COLLIER COUNTIES JOINT WORKSHOP OBJECTIVE: That the Board of County Commissioners as the governing body of Collier County, Florida, be informed of the Glades and Collier County Joint Workshop scheduled for July 30, 2001 at Moore Haven, Florida to discuss solid waste issues. CONSIDERATIONS: Staff will briefly summarize this joint workshop contents for the benefit of the taxpayers of Collier County Citizens and in order to fulfill compliance of the Florida Sunshine Laws. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Commissioners. Staff has no recommendations for the Board of County Marie Saylor, ~d-~trative Assistant Date APPROVED BY J~ V. Mudd, Public'Utilities Administrator ' Da~e NO. Ir'-'N ~ i k..~ ,...1.~ JUL I 2001 PG. EXECUTIVE SUMMARY REQUEST BOARD OF COUNTY COMMISSIONERS APPROVAL TO MEMORIALIZE THE PROPOSED 13TM STREET SW BRDGE BY NAMING THE STRUCTURE IN HONOR OF RICHARD J. HELLRIEGEL, P.E., TRANSPORTATION OPERATIONS DEPARTMENT DESIGN MANAGER. OBJECTIVE: To gain Board approval to name the proposed 13t.h street SW bridge in honor of a recently deceased County employee who was instrumental in bringing the bridge project to fruition. CONSIDERATIONS: Richard J. Hellriegel, P.E., passed away suddenly on July 17, 2001. He had been a County employee since 1993. He began his career with Collier County as a Senior Engineer in the former Office of Capital Projects Management. Prior to coming to Collier County, Richard had a distinguished career in both the public and private sectors. One of his proudest accomplishments was his participation in the management and operation of the major facilities of the Port Authority of New York and New Jersey. During his near-decade long service to Collier County he advanced to become Manager of the Design Section of the Transportation Operations Department. Richard was an outstanding Engineer who enjoyed the respect of his peers and of the public-at-large. The most recent major project that Richard was responsible for in Collier County was the fast- track design and construction of the proposed 13th Street SW bridge. Richard made that project his personal top priority from the initial Board approval to proceed with the project (February 13, 2001) to approval of the design-build Contractor and Agreement (June 12, 2001), a period of four months. In honor of Richard's dedication and his record of exemplary public service, staff requests that the Board approve the placement of a plaque on the bridge structure recognizing Richard J. Hellriegel, P.E. by naming the bridge in his honor. FISCAL IMPACT: The cost of the plaque is estimated to be $100 and will be made available as a part of the currently budgeted and funded 13th Street SW Bridge Project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the placement of a plaque on the 13th Street SW bridge to recognize the contributions of Richard J. Hellriegel, P.E., and naming the bridge in his honor. SUBMITTED BY: ~-'g/~~ Operations Director Normgh E. Feder, AICP, Transportation Administrator EXECUTIVE SUMMARY FOLLOW UP REPORT TO THE BOARD OF COUNTY COMMISSIONERS TO THE PUBLIC PETITION REGARDING A HUMAN RIGHTS COMMISSION MADE BY MS. LAVERNE FRANKLIN, PRESIDENT OF THE NAACP OBJECTIVE: To provide the Board with an update of activities that have occurred since Ms. Franklin's presentation regarding a proposal for a Human Rights Commission. CONSIDERATIONS: Since Ms. Franklin's presentation at the last Board of County Commissioners Meeting, meetings have been occurring on several fronts. The Sheriff, Don Hunter has been holding regular meetings with representatives of the NAACP, the River Park Coalition for Justice (the Coalition), representatives of both the Hispanic and the Haitian communities. These meetings appear to be productive and on-going. It appears as though similar meetings are being conducted with the City of Naples Police Department as well. Additionally, meetings with representatives of the NAACP, the Coalition, the Hispanic community, the Haitian community, the County and City Housing staffs, and the City and County Managers have been held on at least two separate occasions. The purpose of these meetings was to try and define the issues that these represented minority communities feel are .important to address and then try and determine what is the best format for achieving solutions. A number of different subjects emerged as possible issues including: 1. Housing which may include; a. Tenant/landlord issues, b. Unfair lending practices c. A need for improved public awareness and assistance regarding housing related discrimination complaints d. A need for improved education regarding federal and local fair housing standards for both the public and the real estate community e. Rental or seller discrimination issues, or even f. Predatory lending practices 2. Employment Discrimination 3. Community relation improvements 4. The need to create an opportunity for unified minority dialog 5. The criminal justice system 6. Education 7. Hate Crimes 8. Minority business opportunities 9. Economic Development within the minority communities 10. Employment related issues ....... AGENDA ITEM No. I/~V' JUL 3 1 2001 There were a number of different organizational structures that were considered including a Fair Housing Assistance Program (FHAP), a Fair Housing Initiative Program (FHIP), a stand alone independent agency or commission that would be created to investigate Federal Fair Housing Standard Complaints, a consolidated minority advisory board or a form of a Human Relations Commission. A brief description of these different formats is attached as provided by the Lee County Office of Equal Opportunity (LOEO), as well as a copy of the Guidelines for Effective Human Relations Commission as published by the United States Department of Justice. Lee County has created a separate organization within its County Government that is responsible for intake, investigation and enforcement of the Federal and Local Fair Housing and Employment Standards. However it was agreed by those present at the meeting that there was no evidence that: 1.) These were the highest priority issues within the minority communities to be addressed within Collier, or 2.) That there were sufficient issues of specifically a housing and employment nature in Collier to warrant the creation of a separate office that would duplicate existing federal enforcement mechanisms or 3.) Would warrant the full two year process to create such an office or spend the $245,000 in general fund monies that are spent annually in Lee County on such an effort. Although there is some HUD funding that might be available for such an effort it cannot be spent for the on-going program, and while CDBG funds might be spent on such an office, it is again unclear as to whether it would be warranted. Further, any funds spent on running such an operation would reduce the funding available for projects such as those funded this year, many if not most of which were infrastructure related to new affordable housing construction projects. Of the remaining options a standard advisory board was not thought to have been effective, and certainly not in the format wherein the Black and Hispanic Advisory Boards of the County were separate and had little if any communication. The final remaining option was the Human Relations Commission. Should the Board and the City of Naples want to pursue such a group, it has been recommended that the organization include representation from both different geographic areas of Collier County, as well as an effort to include representation from the different major race and nationality groups found throughout the County. The Commission if formed would be a body serving both the City of Naples, and Collier County and may make recommendations that might reach as far as the Collier County School Board or the City of Marco as well. While it was suggested that the priorities of the group be established by the group, it was indicated that AGE, NQ& iTEM JUL 31 2001 law enforcement issues would not be recommended to be included as the efforts to work with local law enforcement agencies was on-going and seemed to have developed a format that was working. Obviously a great deal of the detail for any such commission would be developed as the ordinances that would create such a commission were written. This item is presented only to determine if there is interest on the part of the Board of County Commissioners to direct its staff to develop some type of ordinance for future consideration. It would be further recommended that if the Board were to create such a commission that the two existing minority affairs advisory boards (Black Affairs Advisory Board, and the Hispanic Affairs Advisory Boards) be abolished in the process. The Black Affairs Advisory Board has already considered this and voted to recommend that should the Board determine to create such a commission that it should be repealed. The Hispanic Affairs Advisory has not had an opportunity to discuss the matter. FISCAL IMPACT: While there is no fiscal impact associated with this particular item, a commission such as this will likely require significantly greater staff time that the two current advisory boards do. It may even require that one full time staff person be hired to develop the information that this group will likely want in order to make informed decisions and recommendations. GROVVTH MANAGEMENT IMPACT: None. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, IN CONJUNCTION WITH THE CITY OF NAPLES consider the creation of an ordinance enacting a Human Rights Commission, and direct their staff's accordingly. ThOmas W. Olliff-~b~,/M~nager Federal Funding Sources for Human Rights Agencies - Revised 7/24/001 The U.S. Department of Housing and Urban Development (HUD) Fair Housinq Assistance Program (FHAP) Title VIII of the Civil Rights Act allows HUD to defer charges to a local jurisdiction when the jurisdiction has a law that is "substantially equivalent" to the Federal Fair Housing Act, as amended. In order to obtain substantial equivalency status the local law must: 1. Provide for an administrative enforcement body to receive complaints. 2. and process Delegate to the administrative enforcement body comprehensive authority, including subpoena power, to investigate the allegations of complaints, and power to conciliate complaints. 3. Not place excessive burdens on the complainant that might discourage the filing of complaints. 4. Not contain exemptions that substantially reduce the coverage of housing accommodations as compared to 803 of the Act. 5. Provide the same protections as those afforded in the federal law. In addition, the agency must have the authority to: 1. Grant or seek prompt judicial action for appropriate temporary relief pending final disposition of a complaint if such action is necessary to carry out the purpose of the law or ordinance. 2. Issue and seek enforceable subpoenas. 3. Grant actual damages in administrative proceeding or provide adjudication in a court at agency expense to allow the award of actual damages to an aggrieved person. _ 4. Grant injunctive relief or be specifically authorized to seek such relief in a court of competent jurisdiction. 5. Provide an administrative proceeding in which a civil penalty may be assessed or provided adjudication in the court at the agency expense allowing the assessment of punitive damages against the respondent. Once a local ordinance is determined by HUD's legal counsel to be substantially equivalent to the federal law, the Office of Programs will evaluate whether an agency has adequate staffing and resources to implement the ordinance. If the agency is deemed to be capable of enforcing the law HUD will enter into an Interim Agreement with the agency. At this time the agency becomes a Fair Housing Assistance Program (FHAP) Agency. For the first three years the agency will receive $115,000 per ~,o=r JUL 31 2001 P~. building funds. At the end of three years the agency will then be eligible for reimbursement on a per case basis. HUD pays agencies $1,700 per case. HUD also provides administrative and travel funds to FHAP agencies. Lee County began pursuing substantial equivalency in February 1 999 and was granted FHAP status in April 2001. Lee County anticipates that once the capacity building funds are expended that the agreement with HUD will yield approximately $50,000 per year in revenue, which is restricted in its use. Funds must be tied directly to Fair Housing activities. Fair Housinq Initiatives Proqram (FHIP) Fair Housing Initiative Program grants are awarded in a competitive cycle each year. Private non-profit organizations may apply for this funding. Funding is used for two primary purposes, educational outreach and private Fair Housing enforcement. Private Fair Housing Enforcement activities typically involve bringing law suits on behalf of aggrieved parties and on behalf of the agency to enforce the state and federal fair housing laws. Community Development Block Grant Funding (CDBG) These funds are primarily used for community development but may be used to fund fair housing activities. Communities receiving CDBG dollars have a regulatory requirement to affirmatively further fair housing in the community. This does not necessarily mean that a community must engage in fair housing enforcement. A community may instead focus its attention to educating the community about fair housing rights and responsibilities. Communities receiving CDBG fund are also obligated to complete an Analysis of Impediments to Fair Housing. The analysis will identify barriers to fair housing and articulate actions steps d_esigned to address those barriers. Lee County completed its first Analysis to Impediments in 1996. As a result Lee County began an education and outreach program and eventually pursued substantial equivalency status to begin fair housing enforcement. One difficulty of using CDBG funds to pay for fair housing activities is that 51% of the participants or beneficiaries of a particular program must be Iow and very Iow-income residents. This can be difficult to quantify when giving educational seminars and participating in other outreach activities. It is recommended that CDBG administrative funds be used to fund general fair housing educational programs and that grant funds should only be used when it is clear that 51% of the participants or beneficiaries of a program will be Iow or very-Iow income residents. AGENDA IT;-M "o. JUL 31 2001 pg. The U.S. Equal ~mployment Opportunity Commission (EEOC) Title VII of the Civil Rights Act allows EEOC to defer charges to local Fair Employment Practice Agencies (FEPAs). EEOC enters into a charge-processing contract with the local agency. That contract outlines number of charges that will be processed by the local agency. EEOC then provides $500 per contracted case to the local agency. Lee County's average contract is for 100 cases per year. This results in $50,000 of revenue for the County. This revenue is not restricted and need not be tied directly to employment enforcement activities. EEOC will not enter into a contract for reimbursement before an agency has established a track record of case processing. Lee County began processing employment discrimination charges in 1988. A Memorandum of Understanding allowing Lee County to conduct investigations on behalf of the federal government was not entered into until 1994. Under the MOU Lee County was able to investigate charges of discrimination on behalf of EEOC but Lee County did not receive any funding from EEOC to do so. In 1998 Lee County finally received approval to become a contract (706) agency, which entitled the Office to the funding on a per case basis. JUL 31 2001 j AGENDA iTEM No. ID If What is Human Relations? The mission of human relaQons is to promote ways in which people in communities learn to get along and to safeguard equal opportunity for all. Human relations activ- ities help communities become more harmonious, respect- ful, and cohesive, Human relations uses the tools of fact finding, staff training, information sharing, community education, mediation, cultural literacy, hate crime response and conflict management. Guidelines for Effective Human Relations Commissions Revised September 1998 The commission can provide a bridge among various groups by offering a neutral environ- ment in which to interact. ii Table of Contents Table of Contents ............................. ii Director's Foreword ........................... 1 Introduction ................................ 3 Establishing a Human Relations Commission ...... 3 Establish the Commission as an Arm of the Local Government ....................... 3 Secure Specific Responsibilities and Powers ..... 4 Secure an Adequate Budget through Local Government Appropriation and/or from an Assured Source of Private Financial Support ....................... 5 Organizing a Human Relations Commission .. Organization of the Commission ...... : .... Build Partnerships and Involve Communities ..... Commission Staffing ........................ 8 Adopt Clearly Defined Goals ................. 9 The Work of a Human Relations Commission .... 11 Make the Commission the Recognized Authority on Human Relations Needs .............. 11 Establish a Working Relationship with Local News Media ....................... 11 Involve Community Members and Groups in Commission Programs .................... 12 Work for Meaningful Intergroup Relations ...... 12 Mediation, Conciliation, Conflict Management ... 12 Working Relationships and Partnerships ........ 13 Promising Practices for Human Relations Government ............................. 15 Criminal Justice .......................... 15 Conflict Management ...................... 16 Hate Crime .............................. 17 111 AGENDA ITEM No. JUL 31 Pg. q .17 Education .............................. .18 Business ............................... Economic Development .................... 18 Employment ............................. 19 Immigration and National Otigin .............. 19 Communication and Information .............. 19 .20 Media ................................. Research and Data Collection ................ 21 Human Relations Report Card ................ 21 About the Community Relations Service ......... 23 .24 CRS Offices ............................... Credits for Revision of the Publication .......... 27 CRS Customer Service Standards .. inside back cover iv Director's Foreword The Community Relations Service is pleased to bring you this revised and updated Guidelines for Effective Human Relations Commissions. This has been CRS' most requested publication since its pub- lication in 1975. While the original version is still useful, we have learned much since then about human relations and the kinds of effective partner- ships that can be fostered in communities and among public and private organizations. These lessons are incorporated in this revision, particularly in the new section on promising practices. While our differences in race, culture, and national origin enrich us as a Nation, they, can be sources of misunderstanding and conflict. Local governments can set up-places and programs which develop a better understanding of each other and solve differences that might arise. Human relations commissions are the most common organization cre- ated to help manage intergroup relationships. Having an organization specifically charged with the responsibili~.~ to examine intergroup relations and to bring people together improves a community's prospects for harmony and prosperio'. We hope that this new publication **'ill help you design and implement a human relations commission to serve your community. We wish you the best of success in your efforts and are prepared to assist you as a Federal partner i.,t building better human rela- tions in your communiO;. Rose M. Ochi 2001 Citizens with an interest in improving community relations can work toward establishing a human relations commission. Introduction In an effort to help communities resolve disputes and conflict based on racia'l' d~crimination and d;ni~_~_~ of equal rights, the Community Relations Service encourages the e-"~'~lishment of human relations commissions. An effective commission plays a vital role in promot- ing community understanding and open communication. As an instrument of private and local government, a com- mission is helpful in resolving conflict, settling complaints of discrimination, and promoting cooperation within the community. This brochure provides guidelines for local officials and civic leaders in establishing a local commission and shaping policies and programs to improve its effectiveness. Establishing a Human Relations Commissic Illustrating the need for a commission is a crucial first step. The need can be shown through studies of discrimi- nation complaints, the impact of demographic changes, national origin, incidences of hate crime, public controver- sies, and disturbances. These factors are available from community organizations, governmental agencies, and local colleges and universities. Studies such as surveys and polls are good ways to demonstrate the need for a com- mission. Another important approach is to talk with key individuals in kev or~anizatio"~.-'ffibi~c-~h~nd ~rivate agen- cies. and schools to collect opinions and views regarding the need for a human relations commission. Establish the Commission as an Arm of the Local Government The active support of governmental officials is essen- tial for the establishment of a commission. Local elected officials will need a clear explanation of the benefits of a commission, and how a commission will help address spe- ci.~. human relations needs. ..' Establishing a commission by local ordinance will give 2m it a firm legal status as an official unit of government. A commission can also be established by executive order or inistrative action. Secure Specific Responsibilities and Powers To clearly define the commission's responsibilities and authority, an ordinance should address the following: · It should prohibit discrimination in specific areas (i.e., [/ employment, housing) and identify the groups that will be protected. · It should establish a policy of equal opportunity in the civic, economic, political, and social aspects of the community. · It should charge the commission to study and recom- mend to the local eovernment vroerams and policies that enhance communication and understanding among all residents of the community. · It should charge the commission to develop and main- /rain programs that build positive relations among corn- 6// munities and enh~nn~-sol~g skills among reside~~mmunity. · It should promote policies and practices by all units of /.,//local eovernment that support inclusiveness and civili- tx, among residents. ~ --~ · It should outline the specific authorities of the commis- ~//' sion, including areas of en~t, subpoena_power, hiri,ng_~, and acceptance of public and--private grants and contributions. It should define how each commissioner will be appointed, detail their authority arid len~,.~f service, and outline the comm~ssmn's junsdicuon and relatton- ship wii'h-~er gd~'ern~ts and advisory bod- ies. Secure an Adequate Budget Through Local Government Appropriation and/or From an Assured Source of Private Financial Support An adequate bud~ake the difference in the suc- cess of a co~on's program. The size of each com- mission's budget varies, depending on the extent of human relations needs and supff0Yt'-ro~ government officials. Cities, counties, and states must provide adequate funding for a commission to undertake its responsibilities. Additional resoumes may sometimes be warranted to sup- port specific responses to new problems. Many commis- sions have found it useful to be designated to re~ivlfund- ing from other sources. -~'A:~mn is an indispensable resoume in all com- munities. Smaller jurisdictions may encounter a greater challenge in securing funds, and it may be necessary to arrange volunteer service from civic leaders and communi- ty representatives. Their work may be ~ed by a single 6ffi~ia-~, such as a Director of Human Relations. 4 Organizing a Human Relations Commission Representatives from businesses, churches, and community organ- izations can join together with members of advocacy, civic, and legal groups to form an official human relations commission. Organization of the Commission Each commissioner should be committed to the philos- ophy of inclusion, equal opportunity, and fair treatment. Membership of the commission should include representa- tion from the entire community, and have the respect, con- fidence, and trust of itLcitizens. Members should also be familiar with and sensitive to historical, social, economic, and cultural dynamics of local commu~ties. Commissioner~to loca__l government, civic organizations, and educational and religious institutions can help give the Commission visibility and public sup- port. The c~'-~TF~e ul sel~io'~n-b-Tof its members signals to the pu-b~i~ that the commission is competent, fair, and iv sive. Members should se._~.e_ staggered, li~d term, that good continuity and opportunity for new leadership on the commission is assured. Most commissioners serve three to four year terms. The size of each commission varies. It must be large enough to conduct work in committees and task forces, yet small enough where it can operate efficiently. Most com- missions have an average of seven to 15 members. An organized committee structure is useful and should be based on the magnitude of work and available staff sup- port. The establishment of administrative committees that deals with financial and personnel matters allow program committees to focus on particular areas such as education, hate crime, criminal jus~..~fice, emplo__yment, and-fi°usi, ng. The number, composition, and size of committees are determined by available resources and staff. Good staff support assists in carrying out the committee's programs and projects. Commissions in smaller jurisdictions may need to focus on fewer committees and tasks because of limited staff. JUL "Build Partnerships and Involve Communities A commission can increase its impact by working closely with other human relations organizations and agen- cies. The possibility of additional resources, new initia- tives, and cooperation is enhanced by bringing together organizations in joint human r~ati°ns"~fforts. A (~ommis- sion shoul~ work to_ _help co~m.rfium~tt~e} understand and value cooperative relations among diverse---groups and neighborhoods. Commission Staffing A competent, paid staff should direct the day-to-day planning and the operations of thc core-mission. The size of t~ bc based o~e challenges and work demands of the community. Salaries should be compara- Ble to those in~ental agencies an~i'~u~ciem enough to re~~etain qualified personnel. In smaller jurisdictions, a single position in local gov- emment may be established: e ~rector or uman Relations. This person should possess strong leadership qu~ to motivate volunteerg'~ith assisting the commis- sion. Basic staff qualifications should include: · Education: A degree in areas related to social work and/or intergroup relations is preferable. Degrees in social science, education, law, journalism or theology are acceptable. · Experience: Prior experience in intergroup rela- tions, community, service, and/or com- munity relations. · Stdlls: Strong oral and written communica- tion skills, and ability to analyze social issues and develop community programs. · Other Qualities: Objectivity, maturity, honesty, good- natured, leadership, and commitment. Adopt Clearly Defined Goals Clearly defined goals are vital for an effective com- mission. Every effort should be made to help the commu- nity understand that its objectives are in the interest of the entire community. The objectives of a commission should be: · To promote and assist in developing an environment of e_,,,/fairness and resp_~ct amon~ citizens b_y enst~ring that responses to acts of exclusion, bias, and discrimination are meaningful and consistent. · To develop ways to measure and monitor community (.~: relations, race relations, and civil rigfi'i-s ~ssue~, pa~ticu- larl~ those that are sources of intergroup conflict. To involve all segments of the community in under- standing and appreciating the benefits of positive inter- group relations. To offer a range of programs and services that help communities prevent and resolve issues of human rela- tions, race relations, and civil fights To develop ways of anticipating, _p~paring for, and relieving community tensions arising from intergroup confl'~t7 By building relationships with diverse groups, organizations and neighborhoods, the com- mission can promote inter- group cooperation. The Work of a Human Relations Commission Make the Commission the Recognized Authority on Human Relations Needs When the commission is recognized as the expert source of information, it can become a valuable resource to the me-~, government, and members of the community. There are a variety of resources a commission can access, including law enforcement agencies which compile data on incidences ~f conflict, habeaS-rime, im--~gration and issues of natio~leges an~uuhi~;~]--s]~es conduct research in local communities. Newspaper and other media are also useful sources for information. A commis- sion can also do its own data gathering through research, hearings and interviews. ~nformation should be carefully collected and analyzed. Keep in mind that its purpose is to help bring understanding and focus to a p,~ ticular issue. Establish a Working Relationship with Local News Media Reliable data is one of the most important tools avail- able to a human relations commission. Accurate informa- tion improves u~ing and provides a foundation to resolve the issues and conflicts. Newspapers. radio, and television are important media or]tiers to disse~ainate imPortant information to diverse audiences. Information can be provided to the media throuj~h co.n- ferences, forums, workshops, and briefing papers. Data can be s-~i-ared for the purposes of publication or as back- ground and context. Reporting can then include perspec- tives that will more clearly define the issue or problem, which can result on a consensus for a plan of action. 10 11 ~ ~nvoive Community Members and Groups in Commission Programs Public trust and confidence in a commission are funda- mental to its effectiveness. By building rela~_tionships with diverse ou s~izations, "~d neighborhoods, the commission can pro?ore inte.r~ro_up c_~__peration. In cir- cumstances ~here this relationship already exists, there is more timely and efficient response to issues and exchange of information. The level of organization in a particular community helps determine how much effort is necessary t'o reach cer- tain groups. In well established communities, long stand- ing civic organizations make contact easier. In nascent communities, the lack of community organization may require a more deliberate effort. An assessment of how the community is organized is an important step to under- standing the dynamics of a particular community. Work for Meaningful Intergroup Relations Communication and understanding are the heart of an effective commission. The commission ~ a bfid~arious groups by offering a neutral envi- ronment in which to--Ct. Communication should be open and candid. It requires skill, innovation, and patience. Without effective commu- nication, meaningful advances in community relations can- not take place. Successful communication improves understanding and cooperation among diverse groups. Mediation, Conciliation, Conflict Management When there is controversy and intergroup conflict, human relations issues receive the greatest public attention. Conflict is a natural occurrence. Intergroup relations are affected according to how conflict is managed and resolved. Unresolved c0n~.ct c_~__all_eacala[e and lead to seri- ous c~tion. A commission can play an important role by providing services in mediation, concili- ation, and conflict management. Helping disputants cease hostile actions is a prerequi- site to problem solving. Successful conflict management cannot take place until violence has ended. H.um~.._~.~_~la- tions seeks to. move from cqnflict to resolution. Actions to diffuse ten_.si~on, identify the basis of the conflict, establish ground mle_Ls among disputants, and engage them in the process of mediation and conciliation are important steps in conflict management. The ent,~ire process requires a great deal of time, effort, and patience. When there is community conflict, a com- mtss"--~on is an important resource because it can build part- ner~ther agencies and organizations to form an organized system of conflict response an..,d management. Working Relationships and Partnerships A commission should establish a s_[~p~n with a wide range_of communit? organizations---chambers of commerce, churches, civic organizations, civil fights organizations, and other communitv-basecl organizations. It is important that the commission inform and update var- ious organizations on the commission's objectives and pro- grams, and provide training and other support to encourage their involvement in human relations, human rights, immi- gration, national origin, and race relations issues. A commission can call ong.gye_~r~ment agencies and departments with human"~a-~ns interests. Local s____..._chools, police departments, district attorneys, libraries, parks and recrea,...~fion, probation d. epartments, ..and community devel- opme. n..t agencies are often strong., parmers in human rela- tions work. Federal agem~es such as the Commuaity Relations Service, U.S. Department of_L.J.t~tice; Eq_~_Lual 12 13 ~ment Opportunity Commission; and U.S. Commission on Civil Rights are important human relations allies. At the state level, there are often human relations ~ com~missions~ available to work with local commissions. A commission can help the media realize the full impact of their reporting. When re. porting is accurate and objective, understanding is improved and prospects for conflict resolution are enhanced. Establishing working relationships with the media, particularly those that serve special neighborhoods and groups, is a important human relations tool. 14 Promising Practices for Human Relations Commissions Government Encourage government agencies to review policies and practices to ensure that services are available to all communities. Dev~T6~n-service traln_?g, bilin[ual materials, and collaboration with community organiza- tions to build strong relationship.s between government and citizens. Review l~oca_!.grdinances_.~affecting race relations issues, including hate crime, and make recommendations for strengthening efforts. ~ Cri .minal Justice · Relationships between law enforcement and Chron,. ty members have fi___.._~significant influence on community L/relations. Poor relations increase the potential for mis- trust, c'-----onflict, ancffvmlence. ~ity ori- ented policing braids public confidence, _~redug_ing the potential for conflict and tensions. A commission can assist in building strong relationships and understand- ing between neighborhoods and law enforcement. Urge police agencies to consider developing_~xitten agreements with local communitw o_[_rganizations. These agreements should outline specifics of the relationship, such as how they wil! help each othe_r___an__d work togeth- er, especially during times of community tension. Assist police departments in developing~_aim~g pro- grams which address communi? relation_s and other issues, including those involving race, color, national origin, and other protected groups. 15 Encourage law enforcement agencies to develop ti~es with local schools, businesses, and community organi- zations. This can be accomplished by regular commu- m'i~afion with parents, students, media, and other com- munity organ~izations,...and include the formation of partnerships to address issues such as hate crime. Encourage law enforcement officials to create informa- tional workshops, forums, and panels on race and hate crime preventio~ with local schools and other institu- tions. · Encourage the development of relationships between /J~ youth and police by organizing community-wide police-youth task forces. Conflict Management A commission has the ability' to play a key role in.~co_~n- flict management by creating a~coordinated system for conflict management. This system should in~--l~e city offic~forcement, counselors, clergy, community( organizers, and mediators. · Identify and gather the skills and resources required to respond ~the various phases of conflict management. Establish wor~_~ relationships and sys- tematic procedures among these individuals, organiza- tions, and groups in order to respond efficiently to con- flict situations. Identify ways to anticipate community tensions, based on analysis of areas and issues vulnerable to conflict. Develop and provide materials and training in conflict management and mediation. Assist in developing plans for responding to and man- aging community conflicts and disruptions. Encourage 16 contingency planning by schools, government agencies, and businesses. Commissions can also assist in plan- ning for the overall response to serious civil unrest. Hate Crime An effective response by human relations agencies to hate crimes is crucial because such crimes.can heighten anxiety and tension throughout the entire community. Review the local response to hate crime, including ade- quacy of hate chimes ordinances, assistance to victims, police investigation and reporting, an~ Encourage reporting of hate crime by educating and training' law enforcement and schools and the general public. Organize a network of commllnit)' o. rg~nizations, law enforcement, and other agencies to monitor and plan a coordinated response to hate crime. Establish a board or commission o rev' · e hate crime activity, create public service announce- ments, and recommend measures to counter hate activ- ity. Education · Encourage local schools to organize human relations programs. 'l~'6mote clas--'-'---~ discussions on human rela- tions, race relations, and civil fights to help students unde~rsity and tolerance. · Provide training on conflict resolution and multicultur- al awareness t~o sup_port school personnel and students in addressing tension and conflict. ~'('Urge parents, students, faculty to and form committees to plan for improved human relations on campus. · Help schools develop conflict man.__._.~agemen~t policies and plans. Schools that are aware of potential conflicts ~ and cl~'~lop plans to manage them are more likely to avoid serious conflict on their campuses. Help schools create a climate of tolerance and appreci- ation for the d~versi~ o~-5/"'ff~ff student bodies. Support activities and plans that build relationships and under- standing among different student populations. Sponsor projects, such as an and essay contests, that encourage students to give a~~elations, race relations, and civil rights issues. Business Make presentations to local business organizations on human relations issues. Support businesses that offer human relations programs, diversity training, and dis- pute resol.~9n a~es. Form an advisory c~mmittee which acts as a liaison between the business communi- ty and the commission. Assist and encourage business investment and involve- ment in huma~ms ifi~th~-~eedia, schools and local neighborhoods. Economic Development · Get involved with community development programs and encourage study of their impact on different com- munities, especm y w e e plans ensure fair access and parUcipation. · Bring together loca[bankers, realt~raisers, insur- ers, and otbe~rs in.__v, olve~-a-in--ff~ home mortgage market area to reduce barriers to home ownership. 18 Employment · Provide training resources to help businesses adopt work plac~at address workforce and cus- tomer diversity. · Create a committee to assist businesses practice fair emp~.o~Y~nt and to resolve discrimination compl~-fi'~s. Immigration and National Origin Facilitate communication in neighborhoods where change is occurring. Whenever possible prepare com- mun~w immigrants in advance. Discu_q_~ medical, religious,~md_social customs~ that could be sources~of conflicy. Provide diversity training and technical assistance governmental agencies, schools, businesses, and housing an-d'-soci~ervices agencies most directly affected by the arrival of new immigrants. CommunicatiOn and Information Publish newsletters, brochures, booklets, and reports to keep everyone intormed on comrnls~n activities, emerging human relations issues, race relations, and civil fights challenges. Create a di ectgg._~.LO~ of human relations and conflict man- agement, age___ncies, reso~ces, manuals, calendars, and intergroup dialogues. Publicize the work of the commission by' using public ser,,uce aavert~sements on television, radio, and news- pa_iLe~ important human relations materials with churches'"~ community organizations for use in their newsletters. 19 Sponsor~lic forums for residents to air their con- ceos and ideas regarding community relations and the work of~ission. This keeps open the lines of communication among the citizens and the commis- sion. Develop strong_ wor~n~ relationships with m._m~edia, par- ticularly media which reach minority groups and neigh- borhoods. Arrange a human relations telephone h__otline which can respond to community relations concerns and handle rumor control in times of community tension and crisis. Develop an Internet. we_._bsite. The Internet is a good wa5' to disseminate information. Update the site with special fe~' be sure to answer electronic inquiries. Media Provide information and guidance which encourage the media to report on news involving all of the_~roups and neighb.orhood~'~-~ the area. Help the media report on issues involving less visible communities. Reporting on diverse group~'helps--I~uild understandi----~e and fulle~ participation in civic affairs. Involve the medina in programs and_.~.p_~jects that encour- age good commumtv relationS, toleranc~ an--~ u-'nder- standing. · Bring together a cross section of the media to explore how they ~an '~erstand the perspec- fives and concerns of all groups and communities. 20 Research and Data Collection · Enco&rage demo_.__~aphic studies b~' !ocal colleges and universities to increase awareness of the impact of pop- ulation changes on community relations. ' Collect, analyze, and report data on community rela- tions indicators, such as hate crimes. Human Relations Report Card Help develop an understanding of the state of human relations by use of indicators to assess human relations p,L~ss. Such measures could include housing~..uca- tion, employment, hate crimE, demographics, social servic- es, and recreauon. Share the report card with 0ffi~ia~-and the general public. 21 When there is community con- flict, a commission is an important resource because it can build partnerships with other agencies and organiza- tions to form an organized sys- tem of conflict response and management. 22 About the Community Relations Service The Community Relations Service (CRS), an arm of the U.S. Department of Justice, is a specialized Federal conciliation service available to State and local officials to help resolve and prevent racial and ethnic conflict, vio- lence and civil disorder. When governors, mayors, police chiefs, and school superintendents need help to defuse racial or ethnic crises, they turn to CRS. CRS helps local officials and residents tailor locally defined resolutions when conflict and violence threaten community stability and well-being. Created by the Civil Rights Act of 1964, CRS is the only Federal Agency dedicated to preventing and resolving racial and ethnic tensions, incidents, and civil disorders. It assists State and local units of govern- ment, private and public organizations, and community groups in restoring community racial stability and harmo- ny. 23 A commission should establish a strong liaision with a wide range of community organiza- tions ... 24 CRS Offices Regional Offices Region I (New England) (ME, VT. NH, MA, CT, RI) 99 Summer Street, Suite 1820 Boston. MA 02110 617/424-5715 617/424-5727 (FAX) Region II (Northeast) (NY. NJ, VI, PR) 26 Federal Plaza, Suite 36-118 New York, NY 10278 212/264-0700 212/264-2143 (FAX) Region III (Mid-Atlantic) ( DC, DE, MD. PA, VA. WV) 2nd and Chestnut Streets. Suite 208 Philadelphia, PA 19106 215/597-2344 215/597-9148 (FAX) Region IV (Southeast) (AL, FL, GA, KY, MS, NC, SC, TN) 75 Piedmont Ave, NE, Suite 900 Atlanta, GA 30303 404/331-6883 404/331-4471 (FAX) Region V (Midwest) (IL, IN, MI, MN, OH, WI) 55 West Monroe Street, Suite 420 Chicago. IL 60603 312/353-4391 312/353-4390 (FAX) 25 Region Vl (Southwest) (AlL LA, NM, OK, TX) 1420 West Mockingbird Lane, Suite 250 Dallas, TX 75247 214/655-8175 214/655-8184 (FAX) Region VII (Central) (IA, KS, MO, NE) 1100 Main Street, Suite 320 Kansas City, MO 64105-2112 816/426-7434 816/426-7441 (FAX) Region VIII (Rocky Mountain) (CO, MT, ND, SD, UT, WY) 1244 Speer Blvd., Suite 650 Denver. CO 80204-3584 303/844-2973 303/844-2907 (FAX) Region IX (Western) (AZ, CA, GU, HI, NV) 120 Howard Street, Suite 790 San Francisco, CA 94105 415/744-6565 415/744-6590 (FAX) Region X (Northwest) (AK, ID, OR, WA) 915 Second Street, Suite 1808 Seattle, WA 98174 206/220-6700 ~- 206/220-6706 (FAX) 26 Field Offices Community Relations Service 51 SW First Ave, Suite 424 Miami, FL 33130 305/536-5206 305/536-7363 (FAX) Communiw Relations Service 211 West Fort Street, Suite 1404 Detroit, MI 48226 313/226-4010 313/226-2568 (FAX) Community Relations Service 515 Rusk Avenue, Suite 12605 Houston, TX 77002 713/718-4861 713/718-4862 (FAX) Community Relations Service 888 South Figueroa Street. Suite 1880 Los Angeles, CA 90017 213/894-2941 213/894-2880 (FAX) 27 1998 Revision by: Los Angeles County Commissu'on on Human Relations Ron Wakabayashi, Director U.S. Department of Justice Community Relations Service Melissa Arzaga. Spring Intern Daryl Borgquist, Media Affairs Officer Jonathan Chace, Associate Director Lisa Dollerschell. Summer Intern Sabrina Fox, Summer Intern 28 Customer Service Standards Community Relations Service Our goal is to provide sensitive and effective conflict prevention and resolution services. CRS will meet the fol- lowing standards: We will clearly explain the process that CRS uses to address racial and ethnic conflicts and our role in that process. We will provide opportunities for all parties involved to contribute to and work toward a solution to the racial or ethnic conflict. If you are a participant in a CRS training session or con- ference, you will receive timely and useful information and materials that will assist you in preventing or min- imizing racial and ethnic tensions. We will be prepared to provide on-site services in major racial or ethnic crisis situations within 24 hours from the time when your community notifies CRS or CRS becomes aware of the crisis. In non-crisis situations we will contact you to discuss our services within three days of when your communi- ty notifies CRS or when CRS becomes aware of the sit- uation. EXECUTIVE SUMMARY REVIEW PETITION TM 99-01 REQUESTING THE INSTALLATION OF A TEMPORARY TRAFFIC DIVERTER AT THE INTERSECTION OF DONNA STREET AND GAlL BOULEVARD AS PART OF THE NEIGItBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE COCONUT CREET ESTATES NEIGHBORHOOD OB.IECTIVE: To provide the Board an opportunity to consider Petition 99-01 that would allow thc installation of a temporary traffic divertcr on Donna Street at the intersection v,'ith Gail Boulevard. CONSIDERATIONS: On .lan,tory 25. 2000. thc I:'oard approved thc temporary closure and directed staff to monitor the closure for four-to six-months then provide a report to the Board on staff tindings, (Item :; 8(B)5). Since thc temporary il~st.fllation. Transportation staff and the ShcnWs Office have received numcrou,., calls citing r~ri~et violation of the barricade and higher cut-through traffic volumes. Drivers b.:coming aware that the bamcade could be driven over without damage to their ,. chicles have been thc cause of many of these resident calls. Residents on Coconut Circle and Cardina! Strecl have also raised concerns about traffic "wrapping around" the closure and contint,in:._- thc cut-through route between Davis Boulevard and Radio Road. Additionally. rcs/dents on Gall Boul,:va~d have contacted staff regarding traffic speeds on the nan'ow roadway duc to this route. A sun'ey prepared jointly prepared by the Transportation Operations Department and thc Board Office ,.':~'; mailed to 12-I, neighborhood residents (Attachment No. 2). That survey asked for rcs;dents ~,~ respond either positively or negatively to the issue of a diagonal divertcr at thc intersection of Donna Strcet/~;ail Boulevard (Attachment No. 1). Traffic would be kept within thc respective neighborhoods, and Emergency Services personnel will be minimally affected. Thc dix'crtc, xx ouid bc dcsigm d for Emergency response vehicle passage. Staff' nc.res that alternative mutes are being reviewed as part of the Livingston Road Extension Corridor S:udy. An',' such reuting alternative would negate the need for the divertcr in the future. There%re. staff recommends that should thc Board decide to install the divertcr such direction sl:ould include removing the divcrter ,.','hen rendered unnecessary in the future. Staff also must note that installation of a diverter, even on a temporary basis, is inconsistent whh Grcw~h Management policy and recent efforts to enhance interconnection to reduce thc traffic den'and on thc after/al system. Executive Summary Petition TM 99-01 Donna Street Page 2 of 2 FISCAL IMPACT: Approximate cost would be $10,000 for the diverter, if installed. Funds are available in the Road & Bridge Gas Tax Fund (313). Project No. 66076. GROWTH MANAGEMENT IMPACT: Conflict with policy on interconnection. RECOMMENDATION: That the Board provide staff direction whether to install a diagonal traffic diverter at Donna Street and Gail Boulevard. If such a decision is made, staff should be further directed to monitor the installation along with the any changes to the Livingston Road Corridor; and, that, if future conditions so warrant, staff be directed to return to the Board with a recommendation for removal of the diverter. REQUESTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Attachments: Gerald Morris, Project Manager I Richard J. Hellriegel, P.E., Senior Project Manager Edw~r?'//Kant, 1;~E.~,~T,)ransportation Operations Director ,, No~rm~ '~,. Fed~r, AICP, Transportation Administrator / ~q 712- DG;?~a~ fL; ~va; i~ iMn~ tPa [o~ iDo inVert er DATE: DATE: DATE: DATE: N ATTACHMENT NO. PA6E ~ Donna F'aP, Dist]'mt 1 James D. Caller, Ph.D. Disa'ict 2 Tom Hennmg Distrmt 3 Pamela S. Mac'~e Distn= 4 D~str~t 5 (941) 774-8097 · Fax (941) 774-,36(12 , . ' May 31, 2001 Dear Resident: Early this year some residen~ of Cocomr~ Creek, some ~ta.ffmember~ from.the Tramportm~n Services Depamnent, and I met on the corner of Donna Street and Carl Boule-~ard concernin5 the pros and wns ofinsr~ling a div~er at tha~ ~n. The~ would be benefits as well as lim~t~nI1s if the Coiglty decided to ~ the diYerter. For your infnrmation, I am enclosing For my work as a co~,.,,,issioner to be as ~mtive as posm%le, I need your help. I am enclosing a complete thi.~ survey m.~d return ~t to me in the serf-addressed envelope that I have provided. AI~ _hnugh this issu~ is complex'and conl:roversiul~ YOur pm'tic~n wotflfl -'mire it easi~' m take the right course, W'~thout the support ora majority offlae-resiflem.~ I will. mt carry mi, issue forward 1hr approval by the Board of County Commi-~sioncr~ ~ ! wl]l continue to depend on th~ ~ you and ottgrs have offered on this issue. I look forveard to our com:inued comm-,~ieatiom ATTACHMENT NO._ PAGE ~__OF NEIGHBOI~HOOD TRAFFIC MANAGEMENT PROGRAM SURVEY I/we, the undersigned property owner(s) and reside~ of Coconut CreetL d~re to express my/our opinion regarding the inslailation of a lraflic divertet az the imersec~n of Cmil Boulevard ami Donna Stre~ I/we uadersmad that tl~ ~ that our own access will be limited as a result of such an action I/we submit my/our -~on~,~e(s) m help guide decisions for ~he Collier Cou~y Neighborhood Traff~ Management Program (NTMP). TELEPHONE: IN FAVOR: OPPOSED: SIGNAl: DATE: Please complete and retttrn this survey prior _m July 1, 2001. AITACHMENT NO. '~--~ PAGE io OF ' EXECUTIVE SUMMARY FOR THE AGREEMENT BETWEEN COLLIER COUNTY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE RESTORATION OF LAKE TRAFFORD OBJECTIVE: To have the Board of County Commissioners approve an agreement between the County and the South Florida Water Management District for the use of $2,000,000 in Tourist Development Tax revenues for the Lake Trafford Restoration Project. CONSIDERATION: On November 3, 1998 the Board of County Commissioners approved the expenditure of $2,000,000 for the Lake Trafford Restoration Project. Subsequently on December 1, 1998, the Board of County Commissioners amended Ordinance No. 96-60 to allow for this restoration. In 1999 The County Attorney's Office recommended this project be brought before the Tourist Development Council [TDC] for a recommendation of approval of the County's participation in the restoration, if all other funding sources are in place. On January 25, 1999 the TDC reviewed the Lake Trafford Restoration Project request and recommended approval in the amount of $2,000,000. This sum represents a portion of the approximate $9,000,000 that the Big Cypress Basin Water Management District will spend on the Project and approximately 1/8th of the total cost, which is estimated to be over $16,000,000.00. The United States Army Corps of Engineers and its subcontractors will perform the actual restoration. The South Florida Water Management District desires to use Tourist Development Tax funds for the economic and environmental enhancement to Lake Trafford located in the community of Immokalee including: 1). The removal of approximately 8,500,000 cubic yards of nutrient rich organic sediment from Lake Trafford; 2). The restoration of the fishery and game fish habitat by restoring lake depth and bottom configuration to quartz sand substrate: 3). Improving the water clarity by reducing nutrient-loading to lake with removal of organic sediment; and 4). Post-dredging monitori_n_g. The agreement provides for phased payment of TDC funds over three fiscal years, beginning January, 2002 and payable only upon the presentation of invoices on a quarterly basis for work completed on the project during the preceding quarter. FISCAL IMPACT: The $2,000,000 is budgeted in fund 195 reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the Agreement between Collier County and the South Florida Water Management District, and authorize the Chairman to sign the agreement. ~ ~ ~~~ ~ ~ No., ~~ JUL 3 200 (J4cqu4~ine Hubbard Robinson X~/ssistant County Attorney Date' APPROVED BY: iro Mafiali~h ' Chief Assistant County Attorney Date No. JUL 3I 2001 2 AGREEMENT BETWEEN COLLIER COUNTY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RESTORATION OF LAKE TRAFFORD THIS AGREEMENT, is made and entered into this ~ day of ,2001, by and between the South Florida Water Management District, created by Section 373.069, Florida Statutes, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax may be used to finance restoration of inland lakes to which there is public access within Collier County; and WHEREAS, GRANTEE desires to use tourist development tax funds for the economic and environmental enhancement of Lake Trafford located in the community of Immokalee, Florida including: 1) the removal of approximately 8,500,000 cubic yards of nutrient rich organic sediment from Lake Trafford, 2) the restoration of the fishery and game fish habitat by restoring lake depth and bottom configuration to quartz sand substrate, 3) improving the water clarity by reducing nutrient-loading to lake with removal of organic sediment; and 4) post-dredging monitoring (hereinafter the "Lake Trafford Restoration Project"); and WHEREAS, the total estimated project cost of the Lake Trafford Restoration Project is 16.6 million dollars; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for a portion of the Lake Trafford Restoration Project; and WHEREAS, GRANTEE has entered into a Project Cooperation Agreement dated January 7, 2000 with the United States Army Corps of Engineers for Xhe Lake Trafford Restoration Project (hereinafter referred to as the "Lake Trafford PCA"). No. JUL 3 1 2001 NOW, THEREFORE, BASED UPON THE MUTUAL CONVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRAN TEE shall complete the Lake Trafford Restoration Project as provided herein. PAYMENT AND REIMBURSEMENT: 1. The amount to be paid under this Agreement shall be no more than Two Million Dollars ($2,000,000). Such amount represents approximately 30% of the GRANTEE's total projected cash contribution requirement under the Lake Trafford PCA, attached hereto as Exhibit "B". The COUNTY shall disburse this funding in quarterly increments , beginning January 1, 2002 to be calculated based on the amount of work completed in the preceding quarter by the Army Corps of Engineers in order to meet projected Lake Trafford PCA obligations. The DISTRICT shall submit all such requests for quarterly reimbursement in writing to the COUNTY which shall include a copy of the funding request received from the Army Corps of Engineers as supporting back-up documentation. 2. GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received as described above. 3. The amount to be paid by the County shall not exceed $500,000.00 in fiscal year 2001/2002; $1,000,000.00 in fiscal year 2002/2003 and $500,000.00 in fiscal year 2003/2004. 4. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. 5. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of quarterly reports as described in Section 5. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A." 2 JUL 3 1 2001 p~. 2. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of County's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereofi 3. INSURANCE: The GRANTEE assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the GRANTEE and the officers, employees, servants, and agents thereof in the performance of this Agreement. The GRANTEE warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment during performance under this Agreement. The GRANTEE and the COUNTY further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 4. QUARTERLY REPORTS: GRANTEE shall provide to COUNTY copies of quarterly reports describing technical progress on the Lake Trafford Restoration Project activities completed during the preceding quarter. The report shall also identify actual costs expended on the Lake Trafford Restoration Project during said period. 5. CHOICE OF VENDORS AND FAIR DEALING: COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contracts or vendors. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION: To the limited extent provided by law, and the Florida Supreme Court in Florida Department of Natural Resources v. Garcia, 753 So.2d 72 (Fla. 2000), the GRANTEE shall hold harmless and defend the COUNTY, its agents and employees, from any and all suits and actions: including attorney's fees and costs arising out of or incidental to the performance of this Agreement or work performed hereunder by the G~A2qTEE, its officers, JUL 20[}1 employees, servants and agents. Under Florida Statutes, Section 768.28, the GRANTEE's obligation under this provision shall not constitute a waiver of the sovereign immunity limits. 7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Clarence S. Tears, Jr. South Florida Water Management 6089 Janes Lane Naples, Florida 34109 With a copy to: Director of Procurement South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33301 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mall to COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. COUNTY sole responsibility under this Agreement is to disperse the funds to GRANTEE. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If either party terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. If GRANTEE fails to complete the Project, COUNTY funds shall be reimbursed to the COUNTY unless the Board of County A(2q~. iq DA ~:M JUL 7o ! 4 Commissioners determine that the expenditure was duly expended for a completed portion of the Project. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 11. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTE. F. involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 13. TERM: This Agreement shall become effective upon approval by all parties hereto and shall remain effective until November 30, 2004, with an option by GRANTEF~ to extend the term one year by providing written notice to Collier County prior to the expiration of this Agreement. 14. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. RECORDII~G: This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl J II:~.R COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D, Chairman 5 -- JUL 3 1 2001 JAMES D. CARTER, Ph.D, Chairman WITNESSES: (~), GRANTEE SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD (2) By: Frank Hayden, Director of Procurement Prin~-d/'ryp~d Nan~ SFWMD OFFICE OF COUNSEL APPROVED (corporate seal) By: Date: SFWMD PROCUREMENT APPROVED By: Date: Approved as to form and legal sufficiency sqU~line Hubbard Robinson istant County Attomey h:q,d'aXtdc Agreement\1999 Agr~mx~-nt -SF Wat~ Management District-Big Cypress Basin h:/Public/David/agrecment.s fwmd.lakc Trafford.072401 JUL 3-1 2001 Pg. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE RETENTION OF DON HEMKE, ESQ., OF THE LAW FIRM OF CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A. TO REPRESENT EACH OF THE BOARD MEMBERS IN THEIR INDIVIDUAL CAPACITIES IN THE LAWSUIT STYLED AQUAPORT, L.C., ET AL. V. COLLIER COUNTY, ET AL., CASE NO. 2:01-CV-341-FTM-29DNF, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA. OBJECTIVE: The Board approve retention of Don Hemke, Esq., an attorney with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. ("Carlton Fields") to represent each of the individual Board members in the lawsuit styled Aquaport, L.C., et al. v. Collier County, et al., Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. CONSIDERATIONS: On or about June 21, 2001, Collier County and each of the Commissioners were sued by the developer and developer's principals for alleged claims arising out of the Board's decision to revoke the approval of the site development plan and issuance of the building permit for the so-called "Beachcomber Hotel Project". Because the Commissioners have each been sued in their individual capacities, and because the claims against each of the individual Commissioners, although similar to the claims against the County, are in fact different from the claims against the County, Resolution No, 95-632 is available to allow the Board to authorize retention of counsel for each of the individual Commissioners. Based upon the understanding of the allegations and claims, at least at this early juncture in the proceedings, it would appear that the interests of the individual Commissioners may be represented by one attorney while the interest of the County will continue to be represented by the Office of the CountY Attorney. Attorney Don Hemke of the Carlton Fields law finn has substantial experience in land use claims of the type at issue here and the Carlton Fields law firm has a long standing relationship with the County under its continuing retention agreement through the Office of the County Attorney. FISCAL IMPACT: Should the Board authorize the retention of attorney Don Hemke to represent each of the individual Board members' interests in the Aquaport lawsuit, Mr. Hemke shall charge $220.00 an hour for his services. Expenses for Mr. Hemke would also include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section ll2.061, Fla. Stat. Funds are ava±lable in the self-±nsured Property and Casualty Fund 516. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: represent the Board members in their individual capacities in the Aquaport lawsuit. Submitted by: L Date: O{ That the Board authorize the retention of attorney Don Hemke to Reviewed by: Date: Michael W. Pettit Assistant County Attorney J~f~Walker RisJ~ Management Dir~tor Approved by: ,l.~~ ~-~ Date: ])-avid C. Wei~el "* ~ County Attorney h:/Public/Litigation/Open Cases/Aquapor[texec sum ref retention of don hemke.072001 AGENDA lT..EM JUL 3 I 2001 Pg. EXECUTIVE SUMMARY BOARD APPROVAL OF AN AMENDMENT TO COLLIER COUNTY RESOLUTION 99-328; SPECIFICALLY TO REPLACE "EXHIBIT B"; PROVIDING FOR FIRE PREVENTION & CONTROL FEES ASSESSED FOR FIRE INSPECTION ON BUILDING PERMITS. OBJECTIVE: To obtain Board approval for amending Resolution 99-328, pertaining to Exhibit "B," specifically Section B., Fire Code Compliance Inspection Fees; to amend the current fee schedule for fire prevention and control inspections fees. CONSIDERATION: Accelerated growth in Collier County continues to effect the demands for public service; the Fire Districts are no exception. The Fire Districts are not only experiencing an increase in the number of inspections, but are also facing more challenging issues as building construction becomes more and more complex i.e., high-rise construction, industrial based buildings and the latest in architectural design. Such inspections require an exorbitant amount of time and subsequently higher staffing levels. Currently, the costs of performing fire inspections for new construction and building occupancy are not being adequately subsidized by the building industry. FISCAL IMPACT: The developers and contractors would pay the projected increase of $ 759,343.00, in order to receive more timely inspection services. This will reduce lengthy and costly field delays, which ultimately impacts the homeowner. GROWTH MANAGEMENT IMPACT None. RECOMMENDATION: Board of County Commissioners to approve the proposed amendment to Resolution 99-328 replacing Exhibit "B" pertaining to Fire Code Compliance Inspection Fees. Submitted by: "~Z~~Y ~~~ William T. S ilvester,on behalf of the Fire Marshals of Collier County; this __ day of July, 2001 AGE!~DA I[F_M JUL 31 2001 SCOPE Cost To Provide Fire Prevention and Control Inspections Report Revenue Received vs. Deficit Incurred Analysis Proposed Level of Service Proposed Fee Schedule Comparison of Current Fees and Proposed Fees [] Example Summary: Building Permits [] Example Summary: Sprinkler Systems Permits Example Summary: Fire Alarm Systems Permits Example Summary: Miscellaneous Permits and Minimum Permit Fee Final Analysis Proposed Amendment COST TO PROVIDE FIRE PREVENTION & CONTROL INSPECTIONS REPORT NEW CONSTRUCTION ONLY The following calculations were derived from the actual expenses incurred to provide fire prevention and control inspections for new construction by three of the five independent fire district. ESCRIPTION ORTH NAPLES AST NAPLES OLDEN GATE OTALS udget Item: alaries & Bene $403,795.00 $355,958.00 $188,088.00 $947,841.00 hysicals $4,550.00 $1,400.00 $810.00 $6,7t30.00 ehicles $40,100.00 $20,070.00 $20,372.00 $80,542.00 · ce Supplies $9,1385.00 $3,150.00 $975.00 $13,810.00 quipment $9,549.00 $4,283.00 $9,804.00 $23,13313.00 niforms $1,136.00 $1,425.00 $1,125.00 $3,6813.00 raining $7,867.00 $5,000.00 $4,050.00 $1(3,917.00 ode Books $3,020.00 $2,025.00 $2,682.00 $7,727.00 omputers $5,400.00 $6,000.00 $7,470.00 $18,870.00 istrict Total $485,106.00 $399,311.00 $235,376.00 $1,119,793.00 Total cost to provide inspection services equaled $1,119,793.00 for the participating fire districts. The fire districts performed a total of 11,207 new construction inspections, which cost $99.92 at an average time of 65 minutes. DESCRIPTION NORTH NAPLES EAST NAPLES GOLDEN GATE TOTALS District Total $485,106.00 $399,311.00 $235,376.00 $1,119,793.00 Total Inspections 5,987 3,120 2,100 11,207 Cost per Insp $81.03 $127.98 $112.08 $99.92 AGENDAJ. TEM No. 11../~-- JUL 31 2221 REVENUE RECEIVED - DEFECIT ANAYLSIS While the cost to provide new construction inspections totaled $1,119,793.00, the Fire district's only received $360,180.00 in new construction revenue; this is a deficit of $759,613.00. At the current level of service, each inspection cost approximately $99.92 however; the average fee received was only $32.14, which is a $67.78 loss per inspection. Revenue Received 360,180.00 759,613 Costs Absorbed By Fire Districts I~1 812 AGENDA ITEM No. ,.,.', /~ JUL ?, 1 2001 Pg. ~ 4 PROPOSED STANDARD LEVEL OF SERVICE It is our goal to provide timely and efficient inspections by highly trained professionals. To meet this objective, we have established a standard level of service that will assist in measuring our overall effectiveness and ensure that you receive the best level of service possible. In order to accomplish this mission, please use the following guidelines for requesting inspections: ~' Inspection requests called in before 9:00 a.m. will be conducted the next business day. ~ Inspection requests called in after 9:00 a.m. will be conducted in two business days. ~ An inspection time will be assigned for the following inspections: }} Total-Flood and Pre-Engineered Systems (hoods, spray booths, etc.) }} Fire Alarm Systems } Final inspections for a building with multiple fire protection systems (alarm, sprinkler, standpipe or fire pumps) must be scheduled for the same time. An inspection time will be assigned. } Final inspections for a building more than two stories in height with multiple fire protection systems (alarm, sprinkler, standpiPe, etc.) must be requested two business days in advance. An inspection time will be assigned. > Time Specific Requests - any request for time specific inspections shall be subject to availability, requires advance notice of 2 business days and shall cost $75.00 per inspection. Additional procedures may be established by each fire district, but shall not reduce the level of service established herein. Furthermore, this standard is intended to outline the standard maximum request time needed for coordinating inspections, it is not intended to prevent an inspection from being conducted sooner than this established level of service. No.AGEND~ ITEM ' PROPOSED FEE SCHEDULE The proposed fee schedule was developed in cooperation with members of Collier Business Industry Association and Development Services Advisory Committee. Our goal is to adequately fund the current level of service. This fee schedule was created using specific examples of each permit type and the average number of inspections required. BUILDINGS Construction Types I, II, III, IV & V: New single story: New multi story: Construction Type VI: All: Remodels & Alterations: All: FIRE SPRINKLERS New: Remodels: $300.00 + $0.02 per square foot $150.00 per floor, per tower + $0.02 per square fl $300.00 per floor + $0.03 per square foot $250.00 per floor, per tower + $0.15 per square ft $300.00 per floor, per tower + $0.65 per head $200.00 per floor, per tower + $1.00 per head FIRE ALARM SYSTEMS New: $300.00 per floor, per tower + $0.65 per device Remodels: $200.00 per floor, per tower + $1.00 per device Monitoring: $100.00 per system HOODS All: $200.00 + $1.00 per foot of duct SUPPRESSION SYSTEMS Total Flood & Pre-Engineered: $50.00 per bottle + $2.00 per head ..... ~GENDAi~,~M " SPRAY BOOTHS All: $0.50 per square foot UNDERGROUND FIRE LINES $100.00 + $1.00 per linear foot All: STANDPIPES All' FIRE PUMPS $100.00 per independent riser All: $300.00 each pump LP GAS INSTALLATIONS Above Ground: $50.00 per tank Under Ground: $100.00 per tank FUEL STORAGE INSTALLATIONS Above Ground $100.00 per tank Under Ground $150.00 per tank HYDRANT RESTRAINTS All: $50.00 per restraint ALTERNATIVE WATER SUPPLY / DRAFT HYDRANTS All: $250.00 STREET NAME CHANGE: All: $120.00 MISCELLANOUS & MINIMUM PERMIT FEE Fire Retardant: $100.00 each structure Spec!al Event Tent: $100.00 each Emergency Access / Electric Gates: $100.00 Minimum Permit Fee (not other wise noted) $100.00 TIME SPECIFIC INSPECTIONS All: $75.00 each inspection- subject to availability OCCUPATIONAL LICENSE INSPECTIONS Inspection and one re-inspection: 2nd re-inspection: 3 rd re-inspection: 4th re-inspection: 5th and subsequent re-inspections: $75.00 $50.00 additional $75.00 additional $100.00 additional $200.00 additional YELLOW TAGS (RE-INSPECTION FEE'S) 1 st Fail; per unit 2nd Fail; per unit 3rd Fail; per unit 4th Fail; per unit 5th Fail; per unit RED TAGS $50.O0 $75.00 $100.00 $250.00 $500.00 Working without Permit Card on Site Safety violations on site Combustibles on site without water supply (hydrants) Job sites inaccessible to fire apparatus Working without Collier County Building Permit JUL ~ 2001 p~._ ~,~ COMPARISON OF CURRENT FEES AND PROPOSED FEE~ EXAMPLE SUMMARY: BUILDING PERMITS EXAMPLE CURRENT FEE COST TO PROVIDE PROPOSED FEE INCREASE 2 STORY CBS RESIDENTIAL $311.00 $600.00 $672.00 116% 99088181 2: CAY LAGOON 18,600 SQ FT '22 STORY HIGH-RISE $12,484.991 $23,800.00 $21,286.50 70% 99060653 MONTENERO 734,325 SQ FT 7 STORY MID-RISE $4,673.00 $7,500.00 $6,773.00 44% ESTIMATE (233,646 SQ FEET) LARGE ASSEMBLY $1,183.00 $1,400.00 $1,483.00 20% 200033011 CHURCH 59,154 SQ FT THE EXPO $1,964.00 $2,100.00 $2,264.30 15°/ 200032723 BUSINESS 98,215 SQ FT ZACCHIO BLDG $137.00 $600.00 $482~24 252% 99110088 INDUSTRIAL 9,012 SQ FT EXAMPLE SUMMARY: SPRINKI,ER SYSTEM PERMITS EXAMPLE CURRENT FEE COST TO PROVIDE PROPOSED FEE INCREASE 2 STORY CBS RESIDENTIAL $93.00' $500.00 $636.40 584% 200082030 : CAY LAGOON 56 HEADS 22 STORY HIGH-RISE $3662.00 $17,600.00 $17,304.00 372% 99121277 MONTENERO 6314 HEADS 7 STORY MID-RISE $1,168.23 $2,800.00 $2,842.95 143% ESTIMATE (233,646 SQ FEET) 1004 HEADS LARGE ASSEMBLY $65.00' $300.00 $379.00 $483% '2000121330 CHURCH 123 HEADS THE EXPO $160.00 $300.00 $470.00 200% 2000121933 BUSINESS 276 HEADS ZACCHIO BLDG $46.00 $200.00 $357.35 677% 99120734 INDUSTRIAL 79 HEADS JUL COMPARISON OF CURRENT FEES AND PROPOSED FEES EXAMPLE SUMMARY: FIRE ALARM SYSTEM PERMITS EXAMPLE CURRENT FEE COST TO PROVIDE PROPOSED FEE INCREASE 2 STORY CBS RESIDENTIAL $76.33 $200.00 $308.45 304% 2000081974 (13 DEVICES) 22 STORY HIGH-RISE $12,484.00 $16.000.00 $15,536.10 323% 991060653 (3594 DEVICES) 7 STORY MID-RISE $1,168.23 $2,600.00 $2,842.95 143% ESTIMATE (233,646 SQ FEET (1, 143 DEVICES - 1 Tower) LARGE ASSEMBLY $56.00 $300.00 $332.50 494% 200033011 (50 DEVICES) THE EXPO $491.00 $500.00 $425.45 13% 200032723 BUSINESS 193 DEVICES AIRPORT INDUSTRIAL PARK $40.00 $100.00 302.60 657% 99110088 INDU (4 DEVICES) EXAMPLE SUMMARY: MISC PERMITS & MINIMUM PERMIT FEE EXAMPLE CURRENT FEE COST TO PROVIDE PROPOSED FEE INCREASE EXHAUST HOOD $40.00 $400.00 $212.00 430% 99100659 SAM SNEED SUPPRESSION SYSTEM ' $69.00 $100.00 $116.00 70% 200010125 CHURCH UNDERGROUND FIRE LINE $80.00 $200.00 $120.00 50% 200070865 CHURCH STANDPIPE $80,00 $400.00 $300.00 400% 200062004 RITZ GOLF LODGE FIRE PUMP $120.00 $350.00 $300.00 150% 2000100087 MONTENERO LP GAS / FLAMMABLE LIQ $49.00 $100.00 $100.00 104% 2000120968 CHURCH FI RE RETARDANT $40.00 $100.00 $100.00 150% 2001030272 LELY PALMS ALUMINUM SHELTER $40.00 $100.00 $100.00 150% 2001030003 RIVERIA SPECIAL EVENT TENT $40.00 $100.00 $100.00 150% 2001031139 ERINS ISLE AC4ENDA ITEM NO. JUL L~'-'~:i I0 FINAL ANALYSIS Total cost to provide new construction inspections Total new construction revenue received Total deficit incurred by Fire Districts Average cost per inspection Average inspection fee received Deficit per inspection Number of new construction inspections performed Number of inspections ~ average current rate Number of inspections ~ proposed rate of $100.00 $1, I 19,793.00. $360,180.00. $759,613.00. $99.92. $32.14. $67.78. 11,207. $360,193.00. $1,120,70.0.00. Proposed fee calculations provide for revenue to within 1% of anticipated cost. AGENDA I~J~M JUL 31 2001 Il RESOLUTION NO. 01- A RESOLUTION REPLACING EXHIBIT "B" OF RESOLUTION No. 99~328, AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, PERTAINING TO A SCHEDULE OF FIRE PREVENTION & CONTROL FEES ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS AND APPLYING TO DEPENDENT FIRE DISTRICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the Collier County Land Development Code (LDC), § 1.10.1 provides the Board of Collier County Commissioners (Board) shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearing, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development construction, interpretations, enforcement inspection services, sale of documents, review, resubmission and any other zoning or development related service and anY other services provided or costs incurred by the County; and WHEREAS; LDC § 1.10.2. provides the fee schedules may be amended via Board resolution, including those for fire inspection services; and WHEREAS; the Board approved Resolution 95-642 establishing a fee schedule of development related review and processing fees schedule of development related review and processing fees on November 14, 1995; which resolution was subsequently amended by Resolution 96-594 on December 17, 1996; and these resolutions were superceded and replaced by Resolution 99-328 on August 3, 1999; incorporating Exhibits A & B regarding such fees; and WHEREAS; Exhibit B of Resolution 99-328, establishing a Schedule of Fire Prevention & Control Fees, is now being replaced in its entirety to provide for an increase in fire inspection fees which will allow for adequate staffing levels within the fire districts, improved quality of inspections, and increased availability to contractors and developers; and WHEREAS; the proposed revision to Exhibit B has been developed in cooperation with the Collier Building Industry Association's Fire Task Force Subcommittee and the Development Services Advisory Committee's Subcommittee. 12 WHEREAS; all fee's received pertaining to this resolution shall be designated and allocated for the sole purpose of funding construction inspections including training and equipment relating to the field of construction inspections; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares the revised Exhibit "B," Schedule of Fire Prevention & Control Fees, attached hereto, and incorporated by reference sets forth fair and reasonable sums to be assessed to those who receive the benefits of those fire inspections required by the Land Development Code and the County Permitting process. BE IT FURTHER RESOLVED, this Resolution and Exhibit B, relating to Fire Code Compliance Inspection Fees, be recorded as part of the official minutes of this Board; and Resolution Number 99- 328, be and, is hereby amended to the extent set forth by this Resolution. This Resolution and its amended fees become effective on August 1, 2001. This Resolution adopted after motion, second, and majority vote. Done the __ day of ., 2001 ATTEST BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk James D. Carter, Ph.D., Chairman ~~~~al sufficiency Patrick G. White, Ass't. County Attorney JUL 3 1 2001 13 mo 1) 2) 3) 4) EXHIBIT B Schedule of Fire Prevention & Control Fees FIRE PREVENTION & CONTROL PERMIT FEES The following fees shall be assessed on all applications for building permits: (Effective January 1,2001) Architectural plan review fees -. 1% of the job value. Fire Sprinkler Systems (new installations) - $30 + $.50 per head (rounded up). Fire Sprinkler Systems (remodeling) - $30 + $1 per head altered or added. 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Underground Fire Line Standpipes Fire Pumps (up to and including 500 gpm) Fire Pumps (over 500 gpm) - $75. Pre-engineered Systems (new) Pre-engineered Systems (remodel) Total Flood Systems (new) Total Flood Systems (remodel) -$30 + $.20 per foot (rounded up) - $30 + $50 per riser. - $50. - $30 +$10 per bottle of suppression agent. - $30 + $1 per head altered or added. - $30 + $50 per bottle of suppression agent. - $30 + $1 per head altered or added. Fire Alarm Systems (zoned systems) - $30 + $5 per indicating or initiating circuit. Fire Alarm Systems (intelligent system) - $30+ $.50 per indicating or initiating device Installation of pollutant storage tanks · Above ground - $30 + $20 per tank Underground - $30 + $30 per tank Pollutant Storage Tank Removal Above ground - $40 Underground -$40 Pollutant StorageTank Abandonment - $50 (requires notarized letter of consent from property owner) 14 17) 19) 20) LPG Installations LPG Tank Removal Above ground Underground - $40 per tank - $30 + $10 per tank - $30 + $20 per tank LPG Tank Abandonment - $50 (requires notarized letter of authorization from the property owner) All fees listed above include the initial review and ONE re-review. Additional reviews will be provided in accordance with the following schedule: 2nd re-review 3rd re-review 4th re-review 5th re-review 10% of original review $30 minimum 25% of original review $50 minimum 50% of original review $100 minimum 100% of original review $200 minimum B. Fire Code Compliance Inspection Fees*: (Effective August 1,2001) 1) 2) 3) 4) 5) 6) 7) 8) New: Remodels: Monitoring: HOODS All: BUILDINGS - Square footage is defined as the total area of the structure(s) under roof. Construction Types I, II, III, IV & V: New single story: $300.00 + $0.02 per square foot New multi story: $150.00 per floor, per tower + $0.02 per square ft Construction Type VI: All: $300.00 per floor + $0.03 per square foot Remodels & Alterations: All: $250.00 per floor, per tower + $0.15 per square ft FIRE SPRINKLERS New: $300.00 per floor, per tower + $0.65 per head Remodels: $200.00 per floor, per tower + $1.00 per head FIRE ALARM SYSTEMS $300.00 per floor, per tower + $0.65 per device $200.00 per floor, per tower + $1.00 per device $100.00 per system $200.00 + $1.00 per foot of duct SUPPRESSION SYSTEMS Total Flood & Pre-Engineered: $50.00 per bottle + $2.00 per head SPRAY BOOTHS (total square foot of booth) All: $0.50 per square foot UNDERGROUND FIRE LINES All: $100.00 + $1.00 per linear foot STANDPIPES All: $100.00 per independent riser J'UL ' 2001 15 9) lO) il) 12) 13) 14) 15) 16) 17) 18) I9) FIRE PUMPS Ail: $300.00 each pump LP GAS INSTALLATIONS Above Ground: $50.00 per tank Under Ground: $100.00 per tank FUEL STORAGE INSTALLATIONS Above GroundS 100.00 per tank Under Ground $150.00 per tank HYDRANT RESTRAINTS All: $50.00 per restraint ALTERNATIVE WATER SUPPLY / DRAFT HYDRANTS All: $250.00 STREET NAME CHANGE All: $120.00 MISCELLANOUS & MINIMUM PERMIT FEE Fire Retardant: $100.00 each structure Special Event Tent: $100.00 each Emergency Access / Electric Gates: $100.00 Minimum Permit Fee (not otherwise noted) $100.00 TIME SPECIFIC INSPECTIONS All: $75.00 each inspection - subject to availability OCCUPATIONAL LICENSE INSPECTIONS Inspection and one re-inspection: $75.00 2"d re-inspection: $50.00 additional 3rd re-inspection: $75.00 additional 4th re-inspection: $100.00 additional 5th and subsequent re-inspections: $200.00 additional YELLOW TAGS (re-inspections) 1st Fail; per unit $50.00 2nd Fail; per unit $75.00 3rd Fail; per unit $100.00 4th Fail; per unit $250.00 5th Fail & each subsequent fail $500.00 per unit RED TAGS (each incident) · Working without Permit Card on Site. Safety violations on site. · · Combustibles on site without water supply (hydrants / approved alternative water supply). · Job sites inaccessible to fire apparatus. · Working without Collier County Building Permit. EXCEPTIONS: 1) Structural permits for detached one and two family dwellings are exempt from fire prevention permit fees. 2) Permits that, in the opinion of the Fire Code Official, do not present a fire prOtection concern, i.e., swimming pools, concrete deck radio transmission towers, etc. shall be exempt from fire prevention inspection fees. l pfil._~,~ 16 *Note: Fire Districts may have additional fees, duly adopted by their local board of fire commissioners, for other various services such as open burning permits, fireworks display, etc. Please refer to the appropriate resolution of'the fire district. AGF..~DA ITEM JUL 3 1 2001 p.. 17 RESOLUTION NO. 01- 3 4 5 6 7 8 9 10 11 12 13 14 15 A RESOLUTION REPLACING EXHIBIT "B" OF RESOLUTION No. 99-328, AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, PERTAINING TO A SCHEDULE OF FIRE PREVENTION & CONTROL FEES ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS AND APPLYING TO DEPENDENT FIRE DISTRICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the Collier County Land Development Code (LDC), § 1.10.1 provides the Board of Collier County Commissioners (Board) shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearing, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development construction, interpretations, enforcement inspection services, sale of documents, review, resubmission and any other zoning or development related service and any other services provided or costs incurred t-~ by the County; and 18 WHEREAS; LDC § 1.10.2. provides the fee schedules may be amended via Board resolution, 19 including those for fire inspection services; and 20 WHEREAS; the Board approved Resolution 95-642 establishing a fee schedule of development 21 related review and processing fees schedule of development related review and processing fees on 22 November 14, 1995; which resolution was subsequently amended by Resolution 96-594 on December 23 17, 1996; and these resolutions were superceded and replaced by Resolution 99-328 on August 3, 1999; 24 incorporating Exhibits A & B regarding such fees; and 25 WHEREAS; Exhibit B of Resolution 99-328, establishing a Schedule of Fire Prevention & 26 Control Fees, is now being replaced in its entirety to provide for an increase in fire inspection fees which 27 will allow for adequate staffing levels within the fire districts, improved quality of inspections, and 28 increased availability to contractors and developers; and 29 WHEREAS; the proposed revision to Exhibit B has been developed in cooperation with the 30 Collier Building Industry Association's Fire Task Force Subcommittee and the Development Services Advisory Committee's Subcommittee. 32 33 Na. ,Q,, JUL 3 1 O01 13 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 WHEREAS; all fee's received pertaining to this resolution shall be designated and allocated for the sole purpose of funding construction inspections including training and equipment relating to the field of construction inspections; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares the revised Exhibit "B," Schedule of Fire Prevention & Control Fees, attached hereto, and incorporated by reference sets forth fair and reasonable sums to be assessed to those who receive the benefits of those fire inspections required by the Land Development Code and the County Permitting process. BE IT FURTHER RESOLVED, this Resolution and Exhibit B, relating to Fire Code Compliance Inspection Fees, be recorded as part of the official minutes of this Board; and Resolution Number 99- 328, be and, is hereby amended to the extent set forth by this Resolution. This Resolution and its amended fees become effective on August 1, 2001. This Resolution adopted after motion, second, and majority vote. Done the __ day of ,2001 ATTEST BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency Patrick G. White, Ass't. County Attorney AGENDA ITEM No. .,-'3 /~ 14 EXHIBIT B Schedule of Fire Prevention & Control Fees 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) FIRE PREVENTION & CONTROL PERMIT FEES The following fees shall be assessed on all applications for building permits: (Effective January 1,2001) 1) Architectural plan review fees - .1% of the job value. Fire Sprinkler Systems (new installations) - $30 + $.50 per head (rounded up). Fire Sprinkler Systems (remodeling) - $30 + $1 per head altered or added. Underground Fire Line Standpipes Fire Pumps (up to and including 500 gpm) Fire Pumps (over 500 gpm) - $75. Pre-engineered Systems (new) Pre-engineered Systems (remodel) Total Flood Systems (new) Total Flood Systems (remodel) -$30 + $.20 per foot (rounded up) - $30 + $50 per riser. - $50. - $30 +$10 per bottle of suppression agent. - $30 + $1 per head altered or added. - $30 + $50 per bottle of suppression agent. - $30 + $1 per head altered or added. Fire Alarm Systems (zoned systems) - $30 + $5 per indicating or initiating circuit. Fire Alarm Systems (intelligent system) - $30+ $.50 per indicating or initiating device Installation of pollutant storage tanks · Above ground - $30 + $20 per tank Underground - $30 + $30 per tank 15) Pollutant Storage Tank Removal Above ground - $40 Underground -$40 16) Pollutant StorageTank Abandonment - $50 (requires notarized letter of consent from property owner) No. ~"~../L.. JUL 3 1 2001 14 19) 20) LPG Installations LPG Tank Removal Above ground Underground - $40 per tank - $30 + $I0 per tank - $30 + $20 per tank LPG Tank Abandonment - $50 (requires notarized letter of authorization from the property owner) All fees listed above include the initial review and ONE re-review. Additional reviews will be provided in accordance with the following schedule: 2nd re-review 3rd re-review 4th re-review 5th re-review 10% of original review $30 minimum 25% of original review $50 minimum 50% of original review $100 minimum 100% of original review $200 minimum B. Fire Code Compliance Inspection Fees*: (Effective August 1,2001) 1) 2) 3) 4) 5) 6) 7) 8) New.' Remodels: Monitoring: HOODS Ail: BUILDINGS - Square footage is defined as the total area of the structure(s) under roof. Construction Types I, II, III, IV & V: New single story: $300.00 + $0.02 per square foot New multi story: $150.00 per floor, per tower + $0.02 per square fl Construction Type VI: All: $300.00 per floor + $0.03 per square foot Remodels & Alterations: All: $250.00 per floor, per tower + $0.15 per square ft FIRE SPRINKLERS New: $300.00 per floor, per tower + $0.65 per head Remodels: $200.00 per floor, per tower + $1.00 per head FIRE ALARM SYSTEMS $300.00 per floor, per tower + $0.65 per device $200.00 per floor, per tower + $1.00 per device $100.00 per system $200.00 + $1.00 per foot of duct SUPPRESSION SYSTEMS Total Flood & Pre-Engineered: $50.00 per bottle + $2.00 per head SPRAY BOOTHS (total square foot of booth) All: $0.50 per square foot UNDERGROUND FIRE LINES All: $100.00 + $1.00 per linear foot STANDPIPES All: $100.00 per independent riser 15 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) FIRE PUMPS All: $300.00 each pump LP GAS INSTALLATIONS Above Ground: $50.00 per tank Under Ground: $100.00 per tank FUEL STORAGE INSTALLATIONS Above GroundS 100.00 per tank Under Ground $150.00 per tank HYDRANT RESTRAINTS All: $50.00 per restraint ALTERNATIVE WATER SUPPLY / DRAFT HYDRANTS All: $250.00 STREET NAME CHANGE Ali: $120.00 MISCELLANOUS & MINIMUM PERMIT FEE Fire Retardant: $100.00 each structure Special Event Tent: $100.00 each Emergency Access / Electric Gates: $100.00 Minimum Permit Fee (not otherwise noted) $100.00 TIME SPECIFIC INSPECTIONS All: $75.00 each inspection - subject to availability OCCUPATIONAL LICENSE INSPECTIONS Inspection and one re-inspection: $75.00 2~d re-inspection: $50.00 additional 3rd re-inspection: $75.00 additional 4th re-inspection: $100.00 additional 5t" and subsequent re-inspections: $200.00 additional YELLOW TAGS (re-inspections) 1st Fail; per unit $50.00 2"d Fail; per unit $75.00 3rd Fail; per unit $100.00 4t" Fail; per unit $250.00 5t" Fail & each subsequent fail $500.00 per unit RED TAGS (each incident) · Working without Permit Card on Site. Safety violations on site. · · Combustibles on site without water supply (hydrants / approved alternative water supply). · Job sites inaccessible to fire apparatus. · Working without Collier County Building Permit. EXCEPTIONS: 1) Structural permits for detached one and two family dwellings are exempt from fire prevention permit fees. 2) Permits that, in the opinion of the Fire Code Official, do not present a fire protection concern, i.e., swimming pools, concrete deck radio transmission towers, etc. shall be exempt from fire prevention inspection fees. JUL 16 *Note: Fire Districts may have additional fees, duly adopted by their local board of fire commissioners, for other various services such as open burning permits, fireworks display, etc. Please refer to the appropriate resolution of the fire district. AGENDA iTEM No. ~ ~ ,/~ JUL 20 1 17 EXECUTIVE SUMMARY ASSIG~MENT AGREEMENT FOR F~%SEMENT FOR FIDDLER' S CREEK, PHASE 2-A, UNIT THREE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1) Fiddler's Creek, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the South Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at ~. present. 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 and sign the Assignment Agreement for the easement for Fiddler's Creek. AGENDA. JTE~ .o. JUL 3 1 ; 001 Executive Summary Fiddler's Creek, Phase 2-A, Unit Three Page Two PREPARED BY: Shirley N.~, )En'gLde~ring Technician II Engineer~eview Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager and Interim Planning Services Director APPR~ED BY: ~ John Mf Dunh~6~, III, Interim, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments Date Date Date JUL 3 12001 ASSIGNMENT AGREEMENT T~i. !SASSIGNMENT AGREEMENT made and entered i,n, to this / ~..~day of ~ ,2001, by and between the FIDDLER S CREEK COMMUNITY DEVELI:::)PMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain Assignment of Reservations and those certain Utility Easements ("Utility Easements") from 951 Land Holdings, Ltd., a Florida limited partnership ("951 Land Holdings") to Assignor concerning certain water and sewer facilities located within the real property referenced in said Utility Easements, a copy of said Utility Easements being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, certain water and sewer facilities located within the aforedescribed Utility Easements have been conveyed to Assignor from 951 Land Holdings by Bill of Sale and Utility Facilities Warranty Deed, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easements as to said water and sewer utility facilities. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easements referenced hereto and made a part hereof as Exhibit "A" as to the aforesaid water and sewer utility facilities. Assignee aforesaid hereby accepts said assignment. 2) Governing Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. Page I of 3 JUL 3 ! 2001 pg. ,~ , 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: FIDDLER'S CREEK COMMUNITY '.LOPMENT DISTRICT By: pdnted N~-~e: Title: ~'~'c e- OI,socl STATE OF FLORIDA COUNTY OF COLLIER qJ ~'IIY-)~'~-/' ~_The fol:egojng Assignment A_greement was sworn to and subscribed before me by J}. O[~Olq , as V~'f.e.- ("'~ i/"/3¢'¢_./~ of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Fiddler's Creek Community Development District who is personally known to me. WITNESS my hand and official seal this Notary Public ~¢l~.'r"l ~--'~ Print Name: My Commission Expires: (SEAL) ,2001 Page 2 of 3 JUL 8 I Z001 ASSIGNEE: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OFTHE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to from and legal sufficiency Assist'ant County Attorney BY: ,_"J-/~r~£ ~. re, ft-~,,~/~ ,~..Chairman STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the k,~State and Copnty aforesaid to take acknowledgments, personally appeared F~' "D. (~_~,/',,~/',,1,,-', well known to me to be the Chairman of the Board of County Commissi0~ers, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2001. (Notarial Seal) This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 941-649-6555 Page 3 of 3 Notary Public Print Name: My Commission Expires: / JUL 3 :[ Z001 EXHIBIT A Tract R and all C.U.E.'s as shown in the Fiddler's Creek. Phase 2A Unit 3 0VIahogany Bend) plat as recorded in Plat Book 35, Pages 98 - 102, of the public records of Collier County. The Utility Facilities can be fo~d on located in fti®s in Public Works, AGENDA.ITFaI~f_ ~ ! No. ! ~/~ I JUL 3 1 g001 This instrument prepared by: Carrie E. 'Lademan, Esquire Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, FL 34103 Form 7 - Rev. 4/28/89 (Utility Easement Utilities Acceptance - Doc #320 (Mahogany Bend- Phase 2A, Unit 3) 2814653 OR: 2845 PG: 1924 RICORDID in O[[IClAL ~ICOR~S of COLLIIi COUiYI, IL os/2o/zool et 09:I4AH DilGH! I. BLOC[, CLli[ nC Fll 10.50 DOC-.T0 .70 COPISS 1.00 ietn: [liST TITLI & ABST~T PICI ~P UTILITY EASEMENT THIS EASEMENT, granted this ~q'/} day of -~--C.[-~r'a;-~- ,2001, by 951 LAND HOLDINGS, LTD., a Florida limited partnership, successor by conversion of 951 Land Holdings Joint Venture, Grantor, to the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum ofTen Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, nonexclusive easement, license, and privilege to enter upon and to install and maintain water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires· IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence off Print Name.%Lrr~C. ~x STATE OF FLORIDA COUNTY OF COLLIER GRANTOR: 951 LAND HOLDINGS, LTD., a Florida limited partnership Aubj/~ J. Ferra~a~ Attorney-in-Fact The foregoing instrument was acknowledged before me this ~4/) day of ~ ~.,,Jc_-- ,2001, by AUBREY J. FERRAO, as Attorney-in-Fact of 951 Land Holdings, Ltd., a Florida limited partnership, on behalf of the limited partnership. He is personally known to me. Print Name: :~['0 Notary Public" Commission No. My Commission Expires: F:'~USE~.S~WA NDA~FIDDLER~%M AHO~A NYxuTI LITY%951 'cd~UTIL' j=AS Joan M LUcos ill, My comm~ssiofl CC810854 Expires February 21, (SEAl No. .; fo,,"'r I JUL'3 1.2001 Pg. , 7 EXHIBIT A Tract R and all C.U.E.'s as shown in the Fiddler's Creek, Phase lA Unit 3 (Mahogany Bend) plat as recorded in Plat Book 35, Pages 98 - 102, of the public records of Collier County. JUL 3 1 2001 This instnmlent prepared by: Carrie E. Lademan, Esquire Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 (Mahogany Bend - Phase 2A, Unit 3) UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND .IOINDN~ given this~'Q~' day of .'~/~ f~L .2001, by TOMEN AMERICA INC., a New York corporation, (horeinatter referred to as "Mortgagee"), in favor of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns (h~reinaftcr referred .to as "Buyer"). Mortgagee is used as singular and plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Development Mortgage and Security Agreement recorded in Official Records Book 2154, Page 350, Public Records of Collier County, Florida, as mo dified by that cemin Future Advance and Mortgage Modification Agreement recorded in Official Records Book 2247, Page 13'16, and as further modified by that certain Future Advance and Mortgage Modification and Spreading Agreement recorded in Official Records Book 2656, Page 0730; Assignment of Rents and Leases recorded in Official R~ords Book 2247, Page 1356, as modified by that Composite Modification Agreement recorded in Official Records Book 2656, Page 0754; UCC-1 Financing Statement recorded in Official Records Book 2247, Page 1380, as modified by that certain UCC-3 Statcunent of Change recorded in Official Records Book 2656, Page 0778; all of the Public Records of Collier County, Florida (collectively hereinafter referred to as the "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"). WHEREAS, Buyer has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements or reservations for the installation and maintenance of water and sewer facilities, as more fully described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, Buyer has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that Buyer has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration ofTEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinates the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the Buyer in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any water and sewer utility facilities located therein or affixed thereto~ said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year fa'st above written. Page 1 of 2 JUL3 12001 Signed, sealed and delivered in the presence of: Printed Name: T. Komahashi ~rint~d Name: S. Mara±a TOMEN AMERICA INC., a New York corporation .~./~~ By: ,~ '-~_ '~__.~'~h[. tt J. M~y, Vice Premd~ (CORPORATE SEAL) STATE OF NEW YORK COUNTY OF NEW YORK The foregoing instrument was acknowledged before me this ~.0-~ay of /,'I~ , 2001, by J. McCarthy, Vice President of TOMEN AMERICA INC., a New York corporation, on behalf of the corporation. He is personally known to me. WITNESS my hand and official seal this ':20.:..day of March ,2001. Notary Public Printed Name: commission No. My Commission Expires: NO. Page 2 of 2 ,JUL EXHIBIT A Tract R and all C.U.E.'s as shown in the Fiddler's Creek, Phase 2A Unit 3 (Mahogany Bend) plat as recorded in Plat Book 35, Pages 98 - 102, of the public records of Collier County. AGENDA ITfl~J~ A '~°" JUL 3.1. 2001 Thi.s instrument prepared by: : Carrie E..Lademan, Esquire Woodward, Pires & Lomhardo, P.A. 3200 Tamiami Trail North, Suite 200 ~-"'4aples, FL 34103 Form 7 - Rev. 4/28/89 (Utility Easemem Utilities Acceptance - Doe #320 (Fiddler's Creek, Phase 2A, Unit 2) 2814657 OR: 2845 PG: 1935 RICORDRD ia O~I~IAL IICORDS o~ COLLIll ¢OUIT~, ~L' 0&/20/200! at O9:lIUi D¥IGHT I. BBOCI, CLIR[ iRC Yll DOC-.70 .?0 COHRS 1.00 Rata: ~IRS! TXTL! & ABRTRACY UTILITY EASEMENT THIS EASEMENT, granted this/~'th day of ._T-tta~L~ ,2001, by 951 LAND HOLDINGS, LTD., a Florida limited partnership, successor by conversion of 951 Land Holdings Joint Venture, Grantor, to the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum ofTen Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, nonexelusive easement, license, and privilege to enter upon and to install and maintain water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above ~ritten. Signed, sealed and delivered in the presence off STATE OF FLORIDA COUNTY OF COLLIER FAUS ER$~WANDAWIDDLERS~-UNIT2~9$ I q~Id~UTIL-EAS GRANTOR: 951 LAND HOLDINGS, LTD., a Florida limited partnership Aubrey/FerraoF. ttomey-in-Fact The foregoing instrument was acknowledged before me this ~4h day of ..~ W-,x.A___ ., 2001, by AUBREY J. FERRAO, as Attorney-in-Fact of 951 Land Holdings, Ltd., a Florida limited partnership, on behalf of the limited partnership. He is personally known to me. ,J"w - Print Name: {/ .,To rt ~ NOtary Public v Commission No. My Commission Expires: ~,~'~_~ Joan M Luca$ · ~r~M¥ Commt~o~ CC8~0854 %.?./E~.., F.b,~.,V 2,, 200a (SEAL) No. _ -~. b"! J I JUL 3 1 2001 EXlqTRIT A Tract R and all C.U.E.'s as shown in the Fiddler's Creek, Phase 2A Unit 2 (Roadway Trac0 plat as recorded in Plat Book 35, Pages 96 & 97, of the public records of Collier County. JUL 3 1 2001 This instrument prepared by: Carrie E. Lademan, Esquire Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 (Phase 2A, Unit 2) UTILITY FACILrrIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND ~OINDER given this -~ay of f]'] fJ2~ ,2001, by TOMEN AMERICA INC., a New York corporation, (hereinafter referred to as "Mortgagee"), in favor of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns (hereinafter referred to as "Buyer"). Mortgagee is used as singular and plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Development Mortgage and Security Agreement recorded in Official Kecords Book 2154, Page 350, Public ]Records of Collier County, Florida, as mod/fled by that certain Future Advance and Mortgage Modification Agreement recorded in Official Records Book 2247, Page 1316, and as further modified by that certain Future Advance and Mortgage Modification and Spreading Agreement recorded in Official Records Book 2656, Page 0730; Assignment of Rents and Leases recorded in Official Records Book 2247, Page 1356, as modified by that Composite Modification Agreement recorded in Official Records Book 2656, Page 0754; UCC-1 Financing Statement recorded in Official ]Records Book 2247, Page 1380, as modified by that certain UCC-3 Statement of Change recorded in Official Records Book 2656, Page 0778; all of the Public Records of Collier County, Florida (collectively hereinaiter referred to as the "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"). WHEREAS, Buyer has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements or reservations for the installation and maintenance of water and sewer facilities, as more fully described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, Buyer has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that Buyer has in the Easement Property to which request Mortgagee has agreed. NOW, THF_2t.EFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby . consent to, join in and subordinates the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the Buyer in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Propefoy or any water and sewer utility facilities located therein or aff~xed thereto, said Mortgage shall remain otherwise in full force and effect. IN wrrNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Page 1 of 2 JUL 3 1 2001 /'?/_.._ Signed, sealed and delivered in thc presence of: Printe~lName: T. Komahashi Printed Nadac: J. Haraia TOMEN AMERICA INC., a New York corporation J. McCarthy, Vice Pre'id (CORPORATE SEAL) STATE OF NEW YORK COUNTY OF NEW YORK The foregoing instrtunent was acknowledged before mc this ~ day of 14arch , 2001, by J. McCarthy, Vice President of TOMEN AMERICA INC., a New York corporation, on behalf of the corporation. He is personally known to me. WITNESS my hand and official seal this 20 day of l~Iareh ,2001. Notary Public Printed Name: Commission No. My Commission Expires: (SEAL) Page 2 of 2 AGENDA ITa:M ,~ ~ ~o. JUL3 1 2001 pg. /'~ EXHIBIT A Tract R and all C.U.E.'s as shown in the Fiddler's Creek, Phase 2A Unit 2 (Roadway Tract) plat as recorded in Plat Book 35, Pages 96 & 97, of the public records of Collier County. JUL 3 1 2001 MARCri --~.ZSLANE) LOCATION MAP:'. JUL :3 1 2001 ~. EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TIERRA LAGO" OBJECTIVE: To grant final acceptance of the infrastructure associated with that subdivision known as "Tierra Lago" improvements CONSIDERATIONS: On March 8, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Tierra Lago". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None JUL 8 1 2001 ~g· / - ExequtiYe Summary ~Tierra Lago Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Tierra Lago" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houl~w~rth, Senior Engineer Engineering Review Date Thomas--E. Kuck, P.E. Engineering Review Director Date '  John' M 'Dunnuckw III Interim Administrator Community Dev. and Environmental Svcs. Date j rh JUL 8 1 2001 RESOLUTION NO. 01- 1 2 3 4 5 6 7 8 9 1D 1.1 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 4O 41 42 43 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN TIERRA LAGO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 8, 1994, approved the plat of Tierra Iago for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the' Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Tierra Lago, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not requirefl to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIKMAN Aflp~vefit .as to form and legal Pairick Dj. ~hite Assistant Colher County Attorney JUL 3 1 ; 001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR T}IE FINAL PLAT OF "WEDGEWOOD SUBDIVISION" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Wedgewood Subdivision,, CONSIDERATIONS: On March 8, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Wedgewood Subdivision". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None JUL 3 1 2.001 Executive Summary Wedgewood Subdividion Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Wedgewood Subdivision" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date Thoma~ E. Kuck, P.E. Engineering Review Director APPRO~.BY: /~, Johrf }4. -Du~n-u~k III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh JUL 8 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 37 38 39 40 41 42 43 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6O 61 RESOLUTION NO. 01- RESOLLrrION ALrrHO~G FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN WEDGEWOOD SUBDIVISION, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQ~ TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 25, 1994, approved the plat of Wedgewood Subdivision for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Wedgewood Subdivision, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required 'to be maintained by the homeowners association. Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERs COLLIER COUNTY, FLORIDA By: JAMES D. CAKTER, Ph.D., CHAIRMAN Approved as to form and legal P~rick G. White Assistant Collier County Attorney JUL 3 1 ZOO1 pg. '/Z~/ "~ ,, EXECUTIVE SUMMARY FINAL ACCEPTANCE OF ~FATER UTILITY FACILITIES FOR CAPRI COMMERCIAL CENTER OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Capri Commercial Center, 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 January 28, 2000, 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 $5,200.00, 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 MANAGEMENT IMPACT: County Regional Water Treatment Plant. to serve this project. This project has been connected to the Capacity presently exists JUL 3 1 200 Executive Summary Capri Commercial Center 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 Capri Commercial Center, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley ~ix, ~n~ineering Technician Enginee~g Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager and Interim Planning Services Director b~te APPROVED BY: CJ~Mh~uNM ~ ~ u ~.~I~ p~EI NI~ AI ~e~IARod~~,a~ ~Vi CES attachments Date ,~.~.NDA ITEM / JUL 31 2001 JUL 31 2001 rI 5511S47 75-28/919 ,200. r:.,O:~.: t DOLLARS A~ENDA I/TEM /~ ~ "°' /~-~7 JUL 3 1 ZOO1 .o. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date [~ost Date Payment Slip Nbr ; 169231 12/07/1999 3:42:21 PM i 12/08/1999 MS 63385 :, H'IAN INVESTMENT PARTNERS, INC. CAPRI COMMERCIAL CENTER Payor · H T W INVESTMENT Fee Information Fee Code : Description : GL Account 12BOND ; DEPOSlTS-COMM DEV (CASH BONDi 6700000002201 1 300000 Total AmountlWaived $5200.00 $5200.00 Payments , Payment Code i Account/Check Number CHECK 5511647 AmountI $5200.00i Memo: Total Cash Total Non-Cash Total Paid $o.oo! $5200.00! $5200.00! Cashier/location: FROLOFF_E / 1 User: NIX_S Collier County Board of County Commissioners CD-Plus for Windows 95/NT JUL 3 1 2001 Pdnted:12/07/1999 3:42:49 PM EXECUTIVE SUMMARY FINAL ACCEPTANCE OF W;~TER UTILITY FACILITIES FOR REGATTA OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Regatta, 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 January 12, 2000, 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 $12,393.57, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISC2tL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. JUL $1 001 Executive Summary Regatta 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 Regatta, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley ~xF~ngf~neering Technician Engineer~e~ Review Services II REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager and " Interim Planning Services Department Director APPROVED BY~.j CJ;Mh~u~U~.~Lk~pMIEINI~ ~e~i~od~~a~ViCES attachments Date JUL 8 1 2001 VANDERBILT LAGOON IC PROJECT SITE 9glH AV[:NU I1981H AVl NU[' Jl 971H AV[NU[ C(~uE'h!CE SIREE I 9?ND AVE NL/[ PROJECT S/TE A~ENDA I T, rr.~M JUL 3 ~L, PRIV~TEBRNK T~IINII TR N UTE 100 NAPLES, FL 34103 TO THE ORDER OF Collier County Board of Commissioners 228 OFFICE 00(~t~TM $ -*-Twelve Thousand Three Hundred Ninety Three and 57/100'"* ~EMO Vanderbuilt Partners, LTD Issued By ~tegrated Payment Systems Inc., Englewood, Coloraoo ,'DOD ~, 5 i~,' i: ~O ;~OO 8.°,000 5 30 50[, DOLLARS JUL 3 1 2001 Pg. _/~ -- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number Date 162678 10/29/99 10:38:22 AM 110/29/99 Payment Slip Nbr I MS 61749 r Post Date VANDERBILT PARTNERS, LTD REGATTA, PHASE 2 Payor: VANDERBILT PARTNERS Fee Information Fee Code I Description I GL Account 12BOND I DEPOSITS-COMM DEV (CASH BONDI 67000000022011300000 Amount $12393.57 Waived Total L $12393.57 Payments Payment Code !CHECK AccountJCheck Number ] Amount 530504228 i $12393.57 Memo: Total Cash ~, $0.00 Total Non-Cash i $12393.57 Total Paid i $12393.57 Cashier/location: GARRETT_S / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT JUL 3 1 2001 pg. ~.-'~f . Printed: 10/29/99 10:39:45 AM ...... EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO APPROPRIATE RESERVES FROM THE UNINCORPORATED GENERAL FUND TO REMOVE DILAPIDATED MOBILE HOMES FROM THE IMMOKALEE COMMUNITY. OBJECTIVE: To allocate funds from Reserves to pay for the disposal of substandard trailers in Immokalee. CONSIDERATION: The Board endorsed the Immokalee Initiative program on June 27, 2000 and directed staff to develop guidelines for the redevelopment of mobile home parks participating in the program and to take an aggressive enforcement approach on life and safety violations. Solid Waste landfill fees are $112.12 for the disposal of a mobile home and a flat fee of $28.03/ ton for other debris. A total of 14 mobile homes and 3 structures have already been removed at a cost of $11,000.00. This budget amendment request is for $11,000.00 to reimburse prior expenditures, $20,000.00 for the remainder of FY-2001 and $69,000.00 for FY-2002. This budget amendment will allow for approximately 600 more mobile homes to be removed in the remainder of FY-2001 and FY-2002. FISCAL IMPACT: Funds are available from reserves in Unincorporated General Fund 111, the attached budget amendment is required to complete the transfer. GROWTH MANAGEMENT IMPACT: This budget amendment will further the goals of the Housing Element of the Growth Management Plan for the Immokalee community. RECOMMENDATION: That the Board approve this budget amendment from reserve funds in effort to remove dilapidated mobile homes from the Immokalee Community. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: Dora-Vidaurri Immokalee Supervisor ,,/~~ Date: b'~eg Mi~{a'~c, Director ~° '~r~an~mpr°vement Date: ~/~ff !~9 J~hn Dunnuck, Interim Administrator Cbmmunity Development and Environmental Service Division EXECUTIVE SUMM~RY SEWER FACILITIES ACCEPTANCE FOR GREY OAKS, UNIT SIX, PHASE TWO OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the newly-constructed sewer facilities to serve Grey Oaks, Unit Six, Phase Two and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The Developer of Grey Oaks, Unit Six, Phase Two has constructed the sewer facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the sewer facilities in accordance with County Ordinance 79-33. 3) The sewer facilities will be, upon acceptance by the Board operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) An on-site inspection of the sewer facilities has been conducted by County Engineering Inspection section with the finding that the sewer facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. FISCAL IMPACT: The sewer facilities were constructed without cost to the Collier County Water-Sewer District. During the first year, the sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the sewer facilities will be paid by monthly user revenues. GROWTH ~NAGEMENT IMPACT: This project will be connected to the North Regional Wastewater Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. JUL 1 001 Pg._, ,/ _ Executive summary Grey Oaks, Unit Six, Phase Two Page Two RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the sewer facilities for Grey Oaks, Unit Six, Phase Two. PREPARED~ BY: Shi~le~'/Ni~, ~ngineering Technician Engine~g Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Services Manager and Interim Planning Services Director John M.~unnuck, III, Interim Administrator Date COMMINUTY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments -- PROJE~T LOCA ~ NO. JUL-3 · ¢C:.R. J~DIO (C.R. ~56) EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "MAPLEWOOD UNIT THREE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Maplewood Unit Three" CONSIDERATIONS: On September 16, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Maplewood Unit Three". The roadway and drainage improvements will be maintained by the County. The water and sewer improvements will be maintained by the County. The surface water management system will be maintained by the Homeowner's Association. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the County Transportation Services, with funds from their operation and maintenance budget. Water and sewer improvements will be maintained by the Cgunty's Utility Department through their operation and maintenance budget. The surface water management system will be maintained by the Homeowner's Association. GROWTH MANAGEMENT IMPACT: None JUL $1 001 Executive Summary Maplewood Unit Three Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Maplewood Unit Three" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Johh R. Houldswor-th, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director Interim Development Services Director APPROVED BY: j rh JUL 3 1 001 pKWY GOLDEN GATE CANAL rJ !11[ BRIARWOOD P.U.D. PROdECT SITE BRIARWOOD P.U.D. RADIO ROAD ~AP'EL~O( I iU~IT--ON E;"~, SITE MAP JUL 3 1 ;~001 RADIO ROAD EMBASSY WOODS P.U.D. EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3o 31 32 33 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6o RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN MAPLEWOOD UNIT THREE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTrNG THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 23, 1997 approved the plat of Maplewood Unit Three for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested fmal acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of' said facilities. Thc County wi]] maintain the roadway, drainage, water and sewer facilities. The Homeowner's Association wilt .maintain the surface water management system. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Maplewood Unit Three, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PI-ID., CHAIRMAN Approved as to form and legal sufficiency: ~ Patrick G. White Assistant Collier County Attorney JUL 3 1 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TAMIAMI PROFESSIONAL CENTER" OBJECTIVE: To grant final acceptance of associated with that subdivision Center" the infrastructure known as "Tamiami improvements Professional CONSIDERATIONS: On December 13, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Tamiami Professional Center". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None JUL 1 ZOO1 Executive Summary Tamiami Professional Center Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Tamiami Professional Center" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John'S? Ho~ldsQ0rth, Senior Engineer Engineering Review Date REVIEWED BY: ~ Thomas E. Kuck, P.E. Engineering Services Director / County Engineer APPROVED BY: John MR' Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh JUL 3 I IT OF CURVATURE, VERSE CURVATURE, AT.S, GULF OF MEXICO LOCATION MAP JUL31ZO01 ~ Pg.:,_ .~, . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 56 57 ' 58 59 60 p ~Lt7'I-]Oi< NO. [.;[i~ UTIO?.( AUTHORIZING FINAL AC('!- PTANCE OF TI-lOSE RQAD\\;AT. Di-::,'i LAGE. ,VATER AND ~:EWER l),il ,VENIE"-~', iN 'i.'~MIAMi I°[oO[:E-,SiO[q:',L ('E%'zR. REI.E.~SE Ok THE M.',ANTENANCE SE~ i<ITY. .-,ND ACCEPTING THE ?\IAi~.SENAN('E RESPONSIBILITY FOR THE i<O , ,WAY. Di<., 5AGE . WATER .'~ND SEWER IMP:,~VEMENi:5 [HAT ARE NOT REQUIREDTO BE 7, i XlNTAiNEL' BY THE PROPERTT OWNERS ASS, ,t 'IATION V/HERE.q> ::e Board t,l', ount) Commissioners of Collier Counw, Florida, on February 23. 1999 .~,:,rovod the ',~:,t of Tamiami Prol~ssional Center for rtcording; ~d ',~ AEREA> .c dcvclu: ,: ~as consuc:~ted and maintait~ed thc roadway, drainage, water a]~, sexx~, n:, vemcnt5' ;~ .tccordancc ~ith thc apiwoxcd plaits and specifications and as r:' ~ured bx _ Land D.',, ~pmcm C,)dc {C<)ii~.i' Count>, O~Jmance No. 91-102, ~ ame~;,:cd); an~: : : Utili~ieo b:andard= and Procedures Ordinauce (Collier Cowry Ordinance No. 97-17 ,. and ','. dERE.X.> ~.e dc\c;, i~as no',, tcquestz~l i:,;,Z a, ccpttv, t,:c of the roadway, drainage. ',x ater am! . .',CY i1111)~ ' ,- ~ellts a:~d rcfease o:'his ~?,di~qtcllallco security; and V !tERE.\5 ti;,: En~:i,~ ring Sc.~',,'ices Dq)artmcnt of the Community Develop., :hi 5.:~',, .., Divisioti . . inspected thc ro:tdv, ay. drainage, water ~d sewer improve: ems ~:nd: ccommc~i,!, acceptance of said i'a~i]ltic3. '.,,)\V. -111~ ~ 2FORE. isi_ IT RESOi_.VED B5 i'IqE BO:\RD OF CO~Y COMMI~,SIONER2: OF COL~ :I_,~ CO~. ~5, FLOI<IDA. that final accept~ce be granted i..)r thrust' ..,adway. d]'~:i ~age. water and sc,',c: inqwoxc'nellts in T~i~i Professi..al Cc~tc ,~d aztth,,: i.. lie Clcl}: to releas~ thc illitlt-itClial~c4 security. igc IT F'L'i; i i lER RES,(.~i \;ED AND ORDERED that the County accept the ftlture m.:inten:,]~c~- J other a .::.,:ant co;ts Ior thc xx a~c: illSd SCWCi' improvements. The roadxxa':, Lnd ~::':,, : inqpr ~ ,ars xx{] hc maintained bx the Property Owner's Associa: This Re_ .~utio;~ .,o,; :d altCl' :1,. :t. ,~, SCCC :,~'~ and ma oJit5 ~ c,'~.' fax o~i;~g same. DATE: ATTESq DWIG1T, E. BRt.), CLERK ( OLLIEP. ( OL'NTY. I-LORIDA J. xMES D. C,\ICI ER. Pi ID., CHAIRMAN Approve. as to ibrd; .~.id sufficie~, .'~ C-' Patrick t Assislm: i'olli... ~ <', A:tor:. JUL 3 1 ZOO1 P(:J,, ZT~ _ EXECUTIVE SUMMARY ADOPT RESOLUTIONS ENFORCING LIENS ON PROPERTIES FOR CODE VIOLATIONS OB,]ECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 09/12/00 b. Notice of Violation served undeliverable c. Notice of Violation Posted 11/07/00 $245.00 2000090626 Owner-Builder d. Unabated nuisance verified 12/01/00 Alliance, Inc. e. Nuisance abated with public funds 12/12/00 f. Owner invoiced for costs 01/02/01 a. Violation determined 11/16/00 b. Notice of Violation served no green card c. Notice of Violation Posted 12/13/00 $255.00 2000110595 Avila, Filomeno & d. Unabated nuisance verified 01/02/01 Maria J. e. Nuisance abated with public funds 01/03/01 f. Owner invoiced for costs 01/23/01 a. Violation determined 11/28/00 b. Notice of Violation served undeliverable c. Notice of Violation Posted n/a $255.00 2000120305 Crawford, Henry d. Unabated nuisance verified 01/02/01 e. Nuisance abated with public funds 01/05/01 f. Owner invoiced for costs 01/23/01 JUL ii'ZOO1 I a. Violation determined 08/31/00 b. Notice of Violation served 09/18/00 c. Notice of Violation Posted n/a $245.00 2000090210 Joyce, Lawrence K. & d. Unabated nuisance verified 11/29/00 Helen M. e. Nuisance abated with public funds 12/12/00 f. Owner invoiced for costs 01/05/01 a. Violation determined 09/29/00 b. Notice of Violation served unclaimed c. Notice of Violation Posted 11/03/00 $1,800.00 2000100371 Rookstool, Gary & d. Unabated nuisance verified 11/14/00 Eleanor Porras e. Nuisance abated with public funds 01/04/01 f. Owner invoiced for costs 01/10/01 a. Violation determined 08/16/00 b. Notice of Violation served undeliverable c. Notice of Violation Posted 09/18/00 $270.00 2000081006 Torres, Gerardo & d. Unabated nuisance verified 10/10/00 Criselda e. Nuisance abated with public funds 11/27/00 f. Owner invoiced for costs 12/14/00 a. Violation determined 11/16/00 b. Notice of Violation served 11/24/00 c. Notice of Violation Posted 12/13/00 $255.00 2000110596 Spielfogel, Catherine d. Unabated nuisance verified 01/02/01 M. e. Nuisance abated with public funds 01/03/01 f. Owner invoiced for costs 01/23/01 a. Violation determined 10/25/00 b. Notice of Violation served no green card c. Notice of Violation Posted 11/17/00 $245.00 2000100901 Condomina, Hector & d. Unabated nuisance verified 11/30/00 Elizabeth e. Nuisance abated with public funds 12/05/00 f. Owner invoiced for costs 12/14/00 a. Violation determined 11/16/00 b. Notice of Violation served undeliverable c. Notice of Violation Posted 12/12/00 $255.00 2000110622 Ramtahal, Rawle d. Unabated nuisance verified 12/27/00 e. Nuisance abated with public funds 01/05/01 f. Owner invoiced for costs 01/23/01 a. Violation determined 10/23/00 b. Notice of Violation served 11/07/00 c. Notice of Violation Posted ru'a $245.00 2000100834 Lee, Daniel Thomas & d. Unabated nuisance verified 11/16/00 Donna M. e. Nuisance abated with public funds 11/30/00 f. Owner invoiced for costs 12/27/00 a. Violation determined 11/14/00 b. Notice of Violation served unclaimed c. Notice of Violation Posted 12/13/00 $600.00 2000110484 Hahe, Michael C. d. Unabated nuisance verified 01/02/01 e. Nuisance abated with public funds 02/02/01 f. Owner invoiced for costs 02/15/01 a. Violation determined 11/16/00 b. Notice of Violation served 12/11/00 c. Notice of Violation Posted 2000110600 Lee, Albert & Margaret d. Unabated nuisance verified 12/12~Fr.I~A IIOl fl' 245.00 m. e. Nuisance abated with public funds 01/0~I~.1 f. Owner invoiced for costs )1/11/01 ' JUL 3 1 2001 a. Violation determined 10/19/00 b. Notice of Violation served 11/02/00 2000100754 Medina, Jose & Maria c. Notice of Violation Posted rda d. Unabated nuisance verified 11/22/00 $400 e. Nuisance abated with public funds 12/15/00 f. Owner invoiced for costs 12/19/00 a. Violation determined 12/18/00 b. Notice of Violation served 12/26/00 2000120546 Wisniewski, Leonard c. Notice of Violation Posted n/a d. Unabated nuisance verified 01/16/01 $255.00 e. Nuisance abated with public funds 02/06/01 f. Owner invoiced for costs 03/05/01 a. Violation determined 12/18/00 b. Notice of Violation served undeliverable 2000120517 Wood Tr, Aubrey N. c. Notice of Violation Posted 01/09/01 d. Unabated nuisance verified 01/22/01 $475.00 e. Nuisance abated with public funds 02/19/01 f. Owner invoiced for costs 03/09/01 a. Violation determined 12/19/00 b. Notice of Violation served 01/02/01 2000120640 Lapapa, Jeffery & c. Notice of Violation Posted n/a d. Unabated nuisance verified 01/16/01 $310.00 Virginia e. Nuisance abated with public funds 03/02/01 f. Owner invoiced for costs 03/12/01 a. Violation determined 01/02/01 b. Notice of Violation served 01/23/01 2001010005 Steinburg & Milano c. Notice of Violation Posted n/a d. Unabated nuisance verified 01/23/01 $1,340.00 Inc. e. Nuisance abated with public funds 02/14/01 f. Owner invoiced for costs 02/26/01 a. Violation determined 12/07/00 b. Notice of Violation served No green card c. Notice of Violation Posted n/a 2000120552 Iglesias, Enrique d. Unabated nuisance verified 02/14/01 $690.00 e. Nuisance abated with public funds 03/18/01 f. Owner invoiced for costs 03/22/01 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $8,385.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $225.00, which is budgeted and available in the current fiscal year Code Enforcement budget. ~ rIToa JUL 3 1 2001 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: JanertJPowers, Operations Manager Code Enforcement REVIEWED BY: chelle Edwards Arnold, Director "~ Code Enforcement APPROVED BY: John ]v'l. Dunnuck Iii, Administrator Cormlaunity Development & Environmental Services DATE: DATE: DATE: A~..-~'~)A ITF. M JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN OWNER-BUILDER ALLIANCE, INC., DATE: 10999 PROSPERITY FARMS RD. PALM BEACH GARDENS, FL 33410 REF. INV.# 1759 FOLIO #: 54670001485 LIEN NUMBER: LEGAL DESCRIPTION: Lot 64, LEAWOOD LAKES, A SUBDIVISION, ACCORDING TO THE PLAT IN PLAT BOOK 24, PAGES 62 TO 64, INCLUSIVE, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 1, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of CoItier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 1 2001 6 7 8 9 10 It t2 13 14 15 t6 17 18 19 20 2! 22 23 24 25 26 27 28 29 30 3! 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 6[ RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME OWNER-BUILDER ALLIANCE, INC. LEGAL DESCRIPTION: Lot 64, LEAWOOD LAKES, A SUBDIVISION, ACCORDING TO THE PLAT IN PLAT BOOK 24, PAGES 62 TO 64, INCLUSIVE, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COST: $245.00 REFERENCE#: 1759 FOLIO #: 54670001485 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency:~l/~fi'e"~ ~--.~~ Thomas ~.'Palmer, As}istant County Attorney JUL 3 1 2001. F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN AVILA, FILOMENO & MARIA J. 5590 16TM PL SW NAPLES, FL 34116-4951 DATE: REF. INV.# 1767 FOLIO # 35987920003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No. 3, according to the Plat thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 2, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty ~20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 1 2001 1 2 3 4 5 6 7 8 9 10 II [2 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 59 60 RESOLUTION NO. 2001-__ A RESOLUTION OF TI-IE BOARD OF COLTNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 I, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WH~EREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: AVILA, FILOMENO & MARIA J. LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No. 3, according to the Plat thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 1767 FOLIO#: 35987920003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thom~, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph.D., Chairman JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CRAWFORD, HENRY 5430 MARTIN ST NAPLES, FL 34113 DATE: REF. INV.# 1776 FOLIO # 62101760009 LDEN NUMBER: LEGAL DESCRIPTION: Lot ~, Block 13, NAPLES MANOR ADDITION, according to the Plat Book thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 2, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTEr OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 2001 6 7 8 9 10 11 12 13 14 15 16 i7 t8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4i 42 43 44 45 46 47 48 49 50 5/ 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CRAWFORD, HENRY LEGAL DESCRIPTION: Lot 9, Block 13, NAPLES MANOR ADDITION, according to the Plat Book thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. COST: $255.00 REFERENCE#: 1776 FOLIO #: 62101760009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk, James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney JUL 3 1 2001 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN IGLESIAS, ENRIQUE DATE: 4525 CORAL PALM #6 NAPLES, FLORIDA 34116 REF. INV.# 1799 FOLIO # 41226080009 LIEN NUMBER: LEGAL DESCRIPTION: The east 180' of tract 67, Golden Gate Estates, unit 86, according to map or plat thereof recorded plat book 5, page 25, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on February 14, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOUR- HUNDRED NINETY ($490.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of SIX-HUNDRED NINETY ($690.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 1 2001 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 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 RESOLUTION NO. 2001-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TI-IE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99~5 i, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: IGLESIAS, ENRIQUE LEGAL DESCRIPTION: The east 180' of tract 67, Golden Gate Estates, unit 86, according to map or plat thereof recorded plat book 5, page 25, of the public records of Collier County, Florida. COST: $690.00 REFERENCE#: 1799 FOLIO ~: # 41226080009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of 2001. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency:,..__...I/gV~'k ?~ Thomas ~.-Palme~', " Assistant County Attorney F: LIEN/MS'IR RESOLUTION JUL 3 1 2001, BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN STEINBURG & MILANO, INC. DATE: 5850 l0TH AVE SW NAPLES, FLORIDA 34116 REF. INV.# 1786 FOLIO # 62410960105 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 3, NAPLES PARK, UNIT NO. 1, according to the plat thereof, as recorded in plat Book 1, at page 106 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 23, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 l and served a notice of violation upon you. The nuisance EXOTICS/LITTER: ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED LAND LOCATED WITHIN 200' OF IMPROVED, SUBDIVIDED PROPERTY AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE- THOUSAND ONE- HUNDRED FORTY ($1,140.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of ONE- THOUSAND THREE-HUNDRED FORTY ($1,340.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. JUL 3 200 F: LIENS/MSTR LNAL 6 7 8 9 l0 II 12 [4 [5 16 17 t8 [9 20 21 22 23 24 25 26 27 28 29 30 3! 32 33 34 35 36 37 38 39 40 4! 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 I, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: STEINBURG & MILANO, INC LEGAL DESCRIPTION: Lot 19, Block 3, NAPLES PARK, UNIT NO. 1, according to the plat thereof, as recorded in plat Book 1, at page 106 of the Public Records of Collier County, Florida. COST: $1,340.00 REFERENCEg: 1786 FOLIO #: 62410960105 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal s~ncy: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph. D., Chairman JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LAPAPA, JEFFERY & VIRGINIA DATE: 2232 N ILLINOIS AVE ARLINGTON HTS, IL 60004-2844 REF. INV.# 1794 FOLIO # 62255240006 LIEN NUMBER: LEGAL DESCRIPTION: Lots 1 and 2, Block 7, NAPLES MANOR LAKES, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3, Pages 86 and 87. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 16, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE-HUNDRED TEN ($110.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of THREE-HUNDRED TEN ($310.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (I0) days from the date of this notice. F: LIENS/MSTR LNAL I' JUL 3 ! 2001 t 2 3 4 5 6 7 8 9 lO 1! 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 4l 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LAPAPA, JEFFERY & VIRGINIA LEGAL DESCRIPTION Lots 1 and 2, Block 7, NAPLES MANOR LAKES, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3, Pages 86 and 87. COST:. $310.00 REFERENCE#: 1794 FOLIO #: 62255240006 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney James D. Carter, Ph. D., Chairman JUL 3 1 2001 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WOOD TR, AUBREY N. DATE: LAND TRUST UTD 2/26/92 58 OCEAN BLVD. NAPLES, FL 34104 REF. INV.# 1790 FOLIO # 55150840000 LIEN NUMBER: LEGAL DESCRIPTION: LELY GOLF ESTATES TRACT MAP, TRACT L, as recorded in Plat Book 8, Page 20, public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 22, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO-HUNDRED SEVENTY-FIVE ($275.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR-HUNDRED SEVENTY- FIVE ($475.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 200! 6 7 8 9 10 l! 12 13 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 aO 41 42 43 44 ~6 47 ~8 49 $0 52 53 54 $5 $6 57 ~8 $9 60 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WOOD TR., AUBREY N. LEGAL DESCRIPTION: LELY GOLF ESTATES TRACT MAP, TRACT L, as recorded in Plat Book 8, Page 20, public records of Collier County, Florida. COST: $475.00 REFERENCE#: 1790 FOLIO #: 55150840000 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency:,,....._, ! . Thomas C. Palmer, Assistant County Attorney F: LIEN/MS'IR RESOLUTION James D. Carter, Ph.D., Chairman IhAto JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WISNIEWSKI, LEONARD 2630 NE 35TM AVE NAPLES, FL 34120 REF. INV.# 1785 LEGAL DESCRIPTION: DATE: FOLIO # 56405240008 LIEN NUMBER: LOTS 33 & 34, BLK 5, MAINLINE SUB, lffB 1, PG 98. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 16, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIPTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (I0) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 2001 6 7 8 9 10 [2 13 14 15 16 [7 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 5/ 52 53 54 55 56 57 58 59 RESOLUTION NO. 2001-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WISNIEWSKI, LEONARD LEGAL DESCRIPTION: LOTS 33 & 34, BLK 5, MAINLINE SUB, I'B 1, PG 98. COST: $255.00 REFERENCE#: 1785 FOLIO #: # 56405240008 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to form and ~,legal sufficiency:~.Zl~9 ~,r .'~A ~nomas C. Pa met,ssistant County Attorney JUL 3 1 2001 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MEDINA, JOSE & MARIA DATE: 304 WASHINGTON AVE NAPLES, FL 34142 REF. INV.# 1739 FOLIO # 35882400000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Block 64, Unit 2, Part 2, GOLDEN GATE, according to the plat thereof recorded in Plat Book 7, at Page 67 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on November 22, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO-HUNDRED ($200.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR-HUNDRED ($400.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-5 ! are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MS'IR LNAL JUL 3 1 2001 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 5t 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF TI-[E BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MEDINA, JOSE & MARIA LEGAL DESCRIPTION: Lot 10, Block 64, Unit 2, Part 2, GOLDEN GATE, according to the plat thereof recorded in Plat Book 7, at Page 67 of the Public Records of Collier County, Florida. COST: $400.00 REFERENCE#: 1739 FOLIO #: # 35882400000 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph.D., Chairman JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LEE, ALBERT & MARGARET M. PO BOX 195 IMMOKALEE, FLORIDA 34143 DATE: REF. INV.# 1763 FOLIO # 00081400001 LIEN NUMBER: LEGAL DESCRIPTION: Commence at the southwest corner of section 32, township 46 south, range 29 east, Collier County Florida run easterly 490.55 feet along the south line of said section; thence northerly 1,160.00 feet parallel with the west property line of the east 3A of the southwest ~A of the southwest ~A of said section: thence easterly 550.00 feet to the Point of beginning; thence continue 120.00 feet along said line; thence southerly 140.00 feet; thence westerly 120.00 feet; thence northerly 140.00 feet to the point of beginning. The north 30.00 feet and the east 30.00 feet reserved for roadway easement. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 12, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from t F: LIENS/MSTR LNAL JUL 3 1 2001 6 7 8 9 [0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEE, ALBERT & MARGARET M. LEGAL DESCRIPTION: Commence at the southwest corner of section 32, township 46 south, range 29 east, Collier County Florida run easterly 490.55 feet along the south line of said section; thence northerly 1,160.00 feet parallel with the west property line of the east ~A of the southwest ~A of the southwest tA of said section: thence easterly 550.00 feet to the Point of beginning; thence continue 120.00 feet along said line; thence southerly 140.00 feet; thence westerly 120.00 feet; thence northerly 140.00 feet to the point of beginning. The north 30.00 feet and the east 30.00 feet reserved for roadway easement. COST: $245.00 REFERENCE#: 1763 FOLIO #: # 00081400001 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph, D., Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attomey F: LIEN/MSTR RESOLUTION JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HAHE, MICHAEL C. DATE: 2820 53m> ST SW NAPLES, FLORIDA 34116 REF. INV.# 1784 FOLIO # 36441840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 243, Golden Gate, Unit 7, according to the plat thereof, as recorded in plat Book 5, pages 135 through 146, inclusive of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 2, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOUR-HUNDRED ($400.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of SIX- HUNDRED ($600.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MS'IR LNAL JUL 3 1 2001 6 7 8 9 10 It 12 13 14 15 t6 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 59 60 6[ RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 9%51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: HAHE, MICHAEL C. LEGAL DESCRIPTION: Lot 19, Block 243, Golden Gate, Unit 7, according to the plat thereof, as recorded in plat Book 5, pages 135 through 146, inclusive of the Public Records of Collier County, Florida. COST: $600.00 REFERENCE#: 1784 FOLIO #: 36441840000 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph.D., Chairman JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LEE, DANIEL THOMAS, & DONNA M DATE: 4384 23an PL SW NAPLES, FLORIDA 34116 REF. INV.# 1733 FOLIO # 35648120003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Block 13, GOLDEN GATE, UNIT NO. 1, according to the plat thereof, as recorded in plat Book 5, at pages 60 through 64, inclusive of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on November 16, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18". You failed to abate such nuisance; whereupon, it was abated by the exPenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 1 2001 6 7 8 9 10 11 12 13 14 15 i6 17 18 19 20 2[ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 5! 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WI-IEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WI-IEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEE, DANIEL THOMAS, & DONNA M LEGAL DESCRIPTION: Lot 10, Block 13, GOLDEN GATE, UNIT NO. 1, according to the plat thereof, as recorded in plat Book 5, at pages 60 through 64, inclusive of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE#: 1733 FOLIO#: 35648120003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR[DA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney James D. Carter, Ph.D., Chairman JUL 31 2001 F: LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RAMTAHAL, RAWLE 11730 CRANBOURNE DR ORLANDO, FL 32837 DATE: REF. INV.# 1773 FOLIO # 68843920004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 94, Quail Hollow Subdivision, according to the plat thereof of record in Plat book 14, Page 42, public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 27, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL JUL 31 2001 1 2 3 4 5 6 7 8 9 lo 11 12 13 t4 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 59 60 RESOLUTION NO. 2001-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: RAMTAHAL, RAWLE LEGAL DESCRIPTION: Lot 94, Quail Hollow Subdivision, according to the plat thereof of record in Plat book 14,.Page 42, public records of Collier County, Florida. COST:~ $255.00 REFERENCEg: 1773 FOLIO #: 68843920004 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: ~ f~ Thomas C. tPalmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph.D., Chairman JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CONDOMINA, HECTOR & ELIZABETH 228 COOLIDGE PL NAPLES, FL 34104 DATE: REF. INV.# 1735 FOLIO # 36230200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block 128, Golden Gate Unit 5, according to the plat thereof, of record in Plat book 5, Page(s) 117 through 123, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on November 30, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in wridng within ten (10) days from the date of this notice. JUL 31 2001 F: LIENS/MSTR LNAL 6 7 8 9 10 ti [2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3t 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 RESOLUTION NO. 2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CONDOMINA, HECTOR & ELIZABETH LEGAL DESCRIPTION: Lot 5, Block 128, Golden Gate Unit 5, according to the plat thereof, of record in Plat book 5, Page(s) 117 through 123, of the public records of Collier County, Florida. COST: $245.00 REFERENCE#: 1735 FOLIO #: 36230200000 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency:~ Thomas . Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph.D., Chairman JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SPIELFOGEL, CATHERINE M. 153 PROSPECT ST NEPTUNE CITY, NJ 07753 DATE: REF. INV.# 1768 FOLIO # 35988200007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22, Block 87, GOLDEN GATE UNIT NO. 3, a subdivision according to the plat thereof as recorded in Plat book 5, Pages 97 thru 105, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 2, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (I0) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 1 2001 t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001-__ A RESOLUTION OF TI-IE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSIVIENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be oalculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SPIELFOGEL, CATHERINE M. LEGAL DESCRIPTION: Lot 22, Block 87, GOLDEN GATE UNIT NO. 3, a subdivision according to the plat thereof as recorded in Plat book 5, Pages 97 thru 105, of the public records of Collier County, Florida. COST: $255.00 REFERENCE#: 1768 FOLIO #: 35988200007 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: ~ · . met, ssistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph.D., Chairman JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN TORRES, GERARDO & CRISELDA 4479 28TM PL SW NAPLES, FL 34116 REF. INV.# 1737 LEGAL DESCRIPTION: DATE: FOLIO # 36000000003 LIEN NUMBER: Lot 13, Block 100, Golden Gate, Unit 3, according to Plat thereof as, recorded in Plat Book 5, Page 101, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 10, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE- HUNDRED TWENTY ($120.00) DOLLARS plus an administrative cost of One-hundred fifty ($150.00) dollars for a total of TWO-HUNDRED SEVENTY ($270.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (i0) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 1 2001 1 2 3 4 5 6 7 9 1o 11 12 13 t4 15 16 17 18 20 2[ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 47 49 5o 52 53 54 55 56 57 58 59 6o RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIIE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: TORRES, GERARDO & CRISELDA LEGAL DESCRIPTION: Lot 13, Block 100, Golden Gate, Unit 3, according to Plat thereof as, recorded in Plat Book 5, Page 101, of the Public Records of Collier County, Florida. COST:, $270.00 REFERENCE#: 1737 FOLIO #: 36000000003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency:~ ~,,~0~{,0,~.._- Thomas C. Palmer, Assistant County Attorney F: LIEN/MS'IR RESOLUTION James D. Carter, Ph.D., Chairman JUL 3 I 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ROOKSTOOL, GARY & ELEANOR PORRAS 5414 TRAMMEL ST NAPLES, FL 34113-7863 DATE: REF. INV.# 1761 FOLIO # 62265480005 LIEN NUMBER: LEGAL DESCRIPTION: LOT 5, BLOCK 16, NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on November 14, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: EXOTICS: ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED LAN¥ LOCATED WITHIN 200' OF IMPROVED, SUBDIVIDED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE THOUSAND SIX- HUNDRED ($1,600.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of ONE THOUSAND EIGHT- HUNDRED ($1,800.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. JUL 3 I 200} 7 F: LIENS/MSTR LNAL ! 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4o 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF TFIE BOARD OF COUNTY COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR TI-~ COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ROOKSTOOL, GARY & ELEANOR PORRAS LEGAL DESCRIPTION: LOT 5, BLOCK 16, NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA COST: $1,800.00 REFERENCE#: 1761 FOLIO #: 62265480005 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph. D., Chairman JUL 3 1 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JOYCE, LAWRENCE K. & HELEN M. 506 QUINNIPIAC AVE NORTH HAVEN, CT 06473 DATE: REF. INV.# 1754 FOLIO # 74412200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block D, South Tamiami Heights, as recorded and platted in Plat book 3, Page 44, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on November 29, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hear/ng before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL JUL 3 1 2001 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 3I 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TH]~, COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: JOYCE, LAWRENCE K. & HELEN M. LEGAL DESCRIPTION: Lot 5, Block D, South Tamiami Heights, as recorded and platted in Plat book 3, Page 44, Public Records of Collier County, Florida. COST: $245.00 REFERENCEg: 1754 FOLIO #: 74412200000 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk, Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph.D., Chairman JUL 31 2001 EXECUTIVE SUMMARY AUTHORIZE STAFF TO HIRE A CONSULTANT TO REVIEW AND CLARIFY / SIMPLIFY THE LAND DEVELOPMENT CODE. OBJECTIVE: To insure that the Land Development Regulations are written in a clear and concise manner, eliminating redundancy and clarifying intent, in order to facilitate communication and understanding of local laws related to the development of land, for the residents of Collier County. CONSIDERATIONS: A comprehensive review of the land development code was last completed ten years ago. Since then, the codes have been amended on a case-by- case basis twice annually. Under present conditions there is the potential for conflicts throughout the code, which makes it more difficult to interpret at the planning and enforcement levels. The code is more challenging to apply as a result. It is staff's recommendation to hire the services of a law firm from outside of the community to 1) review the Code as written 2) simplify the format of the code 3) and present potential areas of conflicting codes to the Board for Resolution. The consultant will report to a task team comprised of a representative from Planning, Engineering, Transportation, Code Enforcement and the County Attorney's Office. The estimated cost is not to exceed $75,000 and will be funded from developer fees. Under Purchasing Policy 7G the bidding process is not necessary. Therefore, it is estimated that the review will be completed in time for the first LDC cycle in 2002. While the review will benefit the community, staff and the development community, staff will continue to present complete reviews of the Land Development Code this coming Fall including the review of commercial and industrial zoning standards throughout the community. GROWTH MANAGEMENT PLAN: The review will help clarify laws that support the Growth Management Plan. FISCAL IMPACT: The estimated cost of this service is not to exceed $75,000. Funds are available in developer fee reserves. A budget amendment will be necessary to transfer these funds. RECOMMENDATION: That the Board of County Commissioners authorize staff to hire a consultant and aut~ze a bu_.~dget amendmeq~from reserves to fund said services. PREPARED BY:'"~}~r ~--,~~ DATE:7~/ OJohn Dunnuck, Interim Community Development & Environmental Services Administrator AGEND~ .o. JUL 3 1 2001 Pg. / EXECUTIVE SUMMARY AUTHORIZE A SPECIAL CYCLE OF THE LAND DEVELOPMENT CODE. OBJECTIVE: To protect the interests of the community by enhancing the public participation process through development codes. CONSIDERATIONS: The Board adopted a provision that allows special cycles of the land development code amendment process by a Commission vote of 4/5's. Concurrently there has been a great deal of desire by the community and Commission to revise and enhance the public participation process relating to development review. Enclosed is a copy of proposed schedule for a special cycle to review the public participation process. In addition to the public participation plan, as part of this cycle, staff will be submitting amendments to the following as well: PUD Sunsetting · Excavations · Automotive Uses in C-3 GROWTH MANAGEMENT PLAN: The review will help clarify laws that support the Growth Management Plan. FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: That the Boa~ of County Commissioners authorize a special PREPAREDland development ~de cycle.,h l~ .v-~ ~ ~~,'/'~.~ DATE: "~ ~ BY:t[ John Dufi~uck, In-i~rim Community Development & Environmental Services Administrator JUL 3 1 ZOO1 PO. Memorandum To: John M. Dunnuck, III - Interim Division Administrator Susan Murray- Current Planning Section Head From: Donald Blalock- Planning Services Date: July 13, 2001 Subject: Cycle 2A- 2001 "Special" LDC Amendment Schedule Please review the following schedule for Cycle 2A "Special Cycle" of the 2001 LDC Amendment program. If you see any corrections that need to be made, contact me at ext:2319. To help expedite this cycle's amendment process, all LDC amendment requests will be submitted electronically by accessing the I drive (I:\ LDC Cycle 2 - 2001), opening the LDC Amendment Form.doc, filling it out and saving it as the section it pertains to, with the Author's initials. We are using the 'T' drive so that the Assistant County Attorneys may access our documents for review. This should cut down on some of the running between their office Example: 3.2.6.5.3 JD.doc - This document pertains to Section 3.2.6.5.3 of the LDC. The author is John Doe, or JD. Remember, do not save it as the form "LDC Amendment Form.doc". If you have a graphic and cannot scan it, leave it in my office with a note detailing which amendment it relates to. All graphics should be WMF files. I will be providing a list of all those amendments received each day on the web at: http:llco.collier.fl.uslplanning/LDC_amendmentslLOC_Main.htm 2001 CYCLE (II-A) - LDC AMENDMENT SCHEDULE Staff Amendment Friday July 27th 5:00 p.m. DSAC Sub-Committee Thursday August 9th 3:00 p.m. EAC Wednesday September 5th 9200 a.m. DSAC Wednesday August 22 or 29th 3:00 p.m. CCPC Wednesday September 5th 5:05 p.m. CCPC Wednesday September 19th 5:05 p.m. BCC Wednesday October l0th 5:05 p.m. BCC Wednesday October 24th 5205 p.m. Community Development & Environmental Services No. /~',~ ~ JUL 3 1 Z001 pg. EXECUTIVE SUMMARY REQUEST TO ENTER INTO A MAINTENANCE AGREEMENT FOR PRIVACY WALL IMPROVEMENTS WITHIN GALLERIA DRIVE (PELICAN MARSH UNIT TWENTY- TWO) OBJECTIVE: To enter into a maintenance agreement with the developer of Pelican Marsh for privacy wall improvements within Galleria Drive (Pelican Marsh Unit Twenty-Two). CONSIDERATIONS: Galleria Drive is a private right-of-way within the Pelican Marsh PUD. The developer intends to construct a privacy wall between the roadway and a single family neighborhood. Collier County has force main improvements and drainage improvements adjacent to and perpendicular to the proposed wall. In the event that Collier County has to maintain said drainage or force main improvements, the developer will be responsible for any replacement or repair costs relative to the privacy wall, and Collier County has no responsibility for any repairs or replacement to/of the wall as a the result of maintaining or operating their facilities. The agreement has been reviewed and approved by the County Attorney's office. FISCAL IMPACT: There is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: Impact. There is no Growth Management RECOM/~ENDATIONS: 1. That the Board of County Commissioners enter into the Maintenance Agreement. 2. That the Board authorize the Chairman to execute the Maintenance Agreement. 3. Direct the Clerk to have the Agreement recorded in the Public Records. AGENDAIIEM. JUL 1 2001 Executive Summary Galleria Drive Maintenance Agreement Page 2 PREPARED BY: J6h-n R. H6~Idsworth Senior Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. Dat~ · Engineering Review Director / County Engineer JOHN ~.~ DUNNUCK III, INTERIM DIRECTOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Date AGENDA I.T~iiM ~ No. /~/'T/~ JUL ~ 1 2001 iIWrl' VICTORIA PARK uNrl' UNIT T£N PINE RIDGE MONTEREY LOCATION MAP JUL $1 ZOOi PO'. Prepared by and return to: Stephen C. Pierce, Esq. WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT (this "Agreement") is made, entered into and effective as of the __ day of ., 2001 by and among (i) WCI COMMUNITIES, INC., a Delaware corporation, having a mailing address at 24301 Walden Center Drive, Suite #300, Bonita Springs, Florida 34134, it successors and assigns (collectively, "WCI"), and (ii)PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government organized and existing in accordance with the Uniform Community Development District Act, Chapter 190, Florida Statutes, as amended (Act), and established by Chapter 42P-1.001 through 42P-1.003 F.A.C., which rule became effective December 13, 1993, at the petition of WCI (the "PMCDD"), in favor of(iii) COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, having a mailing address 3050 North Horseshoe Drive, Naples, Florida 34104, Attn.: Wastewater Department, its successors and assigns (the "County"). RECITALS: A. WCI is the developer of that certain residential community commonly known as Pelican Marsh located in Naples, Florida (the "Development"). B. Title to that certain right of way commonly known as the Galleria Drive Right Of Way and being more particularly described as Tract "R", Pelican Marsh Unit Twenty-Two, according to the plat thereof recorded in Plat Book 31, pages 85 - 86, inclusive, in the Public Records of Collier County, Florida ("Tract "R") is owned by the PMCDD and is also encumbered by a utility easement in favor of, and dedicated to, Collier County. C. Pursuant to the terms of that certain Grant of Easement dated March 17, 2000 and recorded in the Official Records Book 2655, page 2960, in the Public Records of Collier County, Florida, WCI has been granted a non-exclusive easement within all of the southerly five feet (5') of Tract "E", Troon Lakes at Pelican Marsh, according to the plat thereof recorded in Plat Book 31, pages 29 - 3 I, inclusive, in the Public Records of Collier County, Florida (the "Easement Area"), for the purpose of installing and maintaining a wall/fence, landscaping and irrigation and maintaining, repairing and replacing such improvements within the Easement Area. Tract "R" and the Easement Area are sometimes referred to hereinafter collectively as the "Subject Property." D. WCI desires to construct a wall consisting of a concrete wall and pillars, fence and landscape materials (collectively, the "Wall") within the Subject P~operty at the locations graphically depicted on Exhibit "A" attached hereto and incorporated herein by this reference and thereafter convey the Wall to the PMCDD. E. The County operates and maintains a six inch (6") force main and ten inch (10") potable water line (collectively, the "Mains") within Tract "R" running roughly parallel to the JUL 3 1 2001 well as other public utility improvements ("County Improvements"), as graphically depicted on Exhibit "B" attached hereto and incorporated herein by this reference. ~ F. WCI desires to have the County grant a deviation from County Ordinance 97-17 to permit the construction of the Wall within the Subject Property (the "Deviation"). G. The County has agreed to grant the Deviation provided WCI agrees to the terms of this Agreement, including that WCI agrees to pay any and all costs to repair, replace or restore the Wall or portions thereof(but, as to the County only, expressly disclaiming and excluding any duty to repair, replace or restore any portion of Tract "R" other than the Wall itself) to the condition which existed prior to the time the County removes, damages or destroys any portion thereof resulting from the County's maintenance, operation and/or repair of the Mains or other County Improvements. H. Further, as consideration for the County's agreement to grant the Deviation, WCI has agreed to release the County and agreed to waive any and all rights to attempt to obtain from the County any and all damages, suits, and costs of litigation arising from construction, placement or maintenance of the Wall, as well as any costs required to repair, replace or restore the Wall or portions thereof which may be incurred as a result of the County's maintenance, operation and/or repair of the Force Main or other County Improvements within the Subject Property, excluding therefrom any loss, damage, cost or expense resulting from the County's negligence or willful misconduct or acts of the County's agents. I. Pursuant to the terms of those certain utilities facilities conveyance documents recorded in O.R. Book 2704, Page 0535, in the Public Records of Collier County, Florida, PMCCD has conveyed the Mains to the County and the County has accepted the Mains from PMCDD and agreed to maintain, operate and repair the Mains and other County Improvements within the Subject Property, all at the sole cost and expense of the County. NOW, THEREFORE, in consideration of the mutual covenants cOntained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, and intending to be legally bound hereby, the parties hereto hereby expressly agree as follows: 1. WCI hereby expressly agrees to obtain any and all permits required to construct, install, maintain, repair, replace and/or restore the Wall and to pay any and all costs required to maintain the Wall (but, as to the County only, expressly disclaiming and excluding any duty to repair, replace or restore any portion of Tract "R" other than the Wall itself). Additionally, WCI hereby expressly agrees to pay any and all costs to repair, replace or restore the Wall or portions thereof to the condition which existed prior to the time the County may remove, damage or destroy the Wall or any portion thereof, as the result of the County's maintenance, operation and/or repair of the Mains or other County Improvements, excluding therefrom any loss, damage, cost or expense resulting from the County's negligence or willful misconduct or acts of the County's agents. 2. WCI also hereby agrees to pay any and all reasonable costs to repair any and all damage to the Mains or portions thereof caused by the construction of the Wall or any portion thereof. The liability of WCI under this Section 2 shall terminate upon the completion of the construction of the Wall and the performance of an inspection of the Wall and the Mains by the County following the completion of such Construction and a determination by the County of the damage(s), or absence th, mu~~, ? b,~/~,~/.: such construction, if any. The assignee, grantee, transferee of the Subject Property, sub. ect to'~p~ 2 Icgal~scp\forms\indcmni36-galleria 10 JUL 3 1 2001 pg. ',~ _ provisions of Florida law concerning sovereign immunity as to governmental bodies and/or political subdivisions, shall take their interest in the Subject Property subject to the obligation to pay any and all reasonable costs to repair any and all damage to the Mains or portions thereof caused by the repair, maintenance and/or replacement of the Wall. The County expressly agrees that WCI shall have no duty, liability or obligation, and that WCI is expressly released from any and all duties, liabilities and obligations, with respect to any damage caused to the Mains or portions thereof by the repair, maintenance and/or replacement of the Wall performed by any assignee, grantee, transferee of the Subject Property, so long as WCI has fully divested itself of all interests in the Subject Property. 3. WCI hereby expressly agrees to release the County and agreed to waive any and all rights to attempt to obtain from the County any and all damages, suits, and costs of litigation arising from the construction, placement or maintenance of the Mains, or other County Improvements, excluding therefrom any loss, damage, cost or expense resulting from the County's negligence or willful misconduct or acts of the County's agents. 4. This Agreement shall be recorded and the duties, obligations and liabilities of WCI hereunder or its successors shall run with the land. 5. Except as provided herein, the parties hereto expressly agree that: any assignee, grantee, transferee of the Subject Property shall take their interest in the Subject Property subject to the terms of this Agreement; and that all of the duties, obligations and liabilities of WCI hereunder shall be fully and automatically assigned to and assumed by such assignee, grantee, transferee at the time any such interest vests in any such assignee, grantee, transferee, provided, however, that any pre-existing obligation of WCI to the PMCDD shall not be extinguished. Further, the parties hereto expressly agree that WCI shall be fully and automatically released from any and all duties, obligations and liabilities provided for herein arising subsequent to the date title to the Subject Property vests in any assignee, grantee, transferee of the title to the Subject Property. Notwithstanding any term or provision contained herein or in any other writing to the contrary, under no circumstances and in no event shall the duties, obligations and liabilities of WCI hereunder be assumed by or imposed upon the PMCDD by virtue of this Agreement or any other writing unless expressly assumed in writing by the PMCDD at or subsequent to the time WCI conveys the Wall and that portion of the Subject Property lying within Tract "R" to the PMCDD. 6. The consideration stated for this Agreement is contractual and not a mere recital. 7. This Agreement supersedes any and all other agreements, written or oral, between the parties pertaining to the subject matter hereof. 8. This Agreement shall be binding on and shall inure to the benefit of the parties, their respective heirs, successor and assigns. 9. This Agreement may be altered or amended only with the prior written consent of the parties hereto. 10. If any provision of this Agreement or the application thereof to any person or circumstance shall be determined to be invalid or unenforceable, the remaining provisions of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall be valid and enforceable to the fullest ex ent by law. legal~scp\fonns\indemni36-galleria 10 JUL $1 11. This Agreement may be executed in several counterparts or by separate instruments, and all of such counterparts and instruments shall constitute one agreement, binding on all of the parties hereto. Facsimile signatures of this Agreement shall be deemed valid as original signatures. 12. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. 13. If any litigation between WCI or the PMCDD and the County arises out of the obligations of the parties under this Agreement or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such litigation including, without limitation, reasonable attorneys' fees. IN WITNESS WHEREOF, the parties hereto have executed or caused this Maintenance Agreement to be executed by their respective duly authorized officers as of the day, month and year first above written. WITNESSES: Signed, sealed and delivered in the presence of: Signature ~')~vituess - ' Printed nam~ of witness %%ature of w~itness Printed name of witness WCI COMMUNITIES, INC., a Delaware corporation ("WCI") Printed nan(e ofw~tuess ir tS~[~n"iltture of witness Printed name of witness Icgal~scp\forms\indemni3 6 -galleria 10 PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government organized and existing in accordance with Chapter 190, Florida Statutes, as amen~,, ~ By: 2~:~:r~ ~. /~,~9~'n~'N_ Title: (' t/~i~t'/~ tlt4'4£ ~ ("PMCDD") 4 JUL 3 1 2001 ATTEST: Clerk of Court Approved as to form and Name: Patrick G. White, Assistant County Attorney COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida By: Print Name: as Chairman, Collier County, Board of County Commissioners ("County") legal~scp\forms\indemni36 -galleria 10 5 JUL ~)1 2001 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "JUBILATION", AND TO WAIVE SECTION 3.2.6.3.4 (2) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (POSTING OF SUBDIVISION PERFORMANCE SECURITY) UNTIL THE FIRST CERTIFICATE OF OCCUPANCY IS REQUESTED 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, with a waiver of certain requirements of the Land Development Code, and stipulations. CONSIDERATIONS: On March 27, 2001, the Board of County Commissioners approved for recording the final plat of "Jubilation", with the stipulation that the plat not be recorded until required security was approved and accepted. The developer has requested that Section 3.2.6.3.4 (2) of the Collier County Land Development Code be waived until such time as the first certificate of occupancy is requested. The developer has provided a letter from their Lender committing to posting the necessary security once the plat has been recorded. Engineering Services Department recommends that the final plat of "Jubilation" be approved for recording. FISCAL IMPACT: The project cost is $650,000.00 (estimated) to be borne by the developer. The cost breakdown is as follows: The Security amount, equal to 110% of the project cost, is $715,000.00 AG E ND~,~TEI~ /y JUL 3 1 2001 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 previously 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: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical There are no outstanding environmental or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Jubilation" for recording with the following stipulations: Approve the amount of $715,000.00 as performance security for the required improvements, subject to reduction(s) for constructed and County approved improvements. JUL 8 1 2001 pg. d;~ Executive Summary Jubilation Page 3 o That the Board of County Commissioners waive Section 3.2.6.3.4 (2) of the Land Development Code to allow recording of the plat prior to posting of the subdivision performance security. 3. That no Certificates of Occupancy be granted until the required subdivision performance security has been posted and the required improvements have received preliminary acceptance. 4. That no property is transferred until the subdivision performance security has been accepted by Collier County. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director Date Date APPROV~Y: JohnF~. [D~nf~II, Interim Administrator Community Development & Environmental Services Date j rh JUL 1 ;'001 SCALE I 3( Johnson Rd. 2O 21 28 £T IIMMOKALE AIRPORT :';':': 5 ~ I0 1Bunk( 14 AGENDA ITEMA No. :/'~g 74 ¢ JUL 3 1 2001 PREMIER COMMUNITY BANK or SOVTnWrST rL6¥tZD/: [] 6'ommu~ty iz Our Mixicl!<e, Ara,ne ~ June 19, 2001 Jubilation Development Caxporation 1312 W. New Market Road Immokalee, FL 34142 Dear Mr, And Mrs. Nogaj: We axe pleased to advise you that Premier Community Bank of Southwest Florida ("Bank") has approved the following credit facility for the borrower des/gnat~d b~low. The oredit facility is being offered subject ~o the following term~ and conditions: A. GENERAL T~RM$. l. BORROWER. Advanoes under lfle credit £a¢fltty shall be made to Jubilation DewloFment Corporation, a Flor/da corporation, "Borrower". 2. AMOUNT OF LOAN, A maximum mount of $1,200,000.00. PI_rRPOSE, Partial funding of Jubilation subdivinioa infrastruct-are and build low-income housing in Collier County. INTERF~T RATM. A variable rate per mmum equal to the Wall SlzeeI Journal ("WSJ") prime rote plus one percent (1.00%). The interest rate will be adjusted as of the effect/vD dat~ of each change in the WSJ prime rate. The WSI prime rate is merely an index rate (and nol necessarily the Bartk's lowest or best rate) and is subj ecl to cbarlge 5. COM_MIIlVlL:2~ FEE. $6,000.00 G_AJARANTY. Al! IDms ~d extensions of credits shall be unconditional]3, guaranteod by Riehard J. Nogaj and Florence A. Nogaj, individutlly, jointly and severally, "Guarantors". 7. ~ Thirty 00) months from the date of closing. 8. REPAYMENT_.. A¢¢ru~ interest shall be payable monthly. One hun&ed percent (100%) of sales proceeds will be applied iD 1) interest reserve to maintain a 3 month interest ~reserve, 2) to pay any accrued fees then 3) to pay dow~ principal. All outstanding principal shall be due and payable itt maturity. SECURITY, A £Lrst perfected mortgage lien and an assignmmat of rents on the housing development of borrower ¢omprised of condos, parks and maintenance buildings AND a 4959 South Cleveland Avenue · Fort Myers, Florida 33907 · (941) 415-7566 · FAX - AGENDA .tTEI~ ~'~ , 7 941) 938-7485 JUL 3 12001 Jubilation Development Corporation 6/19/01 Page 2 a first perfected mortgage lien on nine (9) single family home lots AND a first perfected lien on qualified marketable securities in the amount of $215,000; all of which is more fully described in the loan documents. C. AFFIRMATIVE COVENANTS. Borrower will: 1. Maintain its property in good condition. 2. Maintain a minimum three (3) month interest reserve. 3. Maintain its corporate existence. Keep its business and properties insured at all times by such insurance companies, in such types, and in such amounts as are acceptable to Bank, and each hazard and flood (if applicable) insurance policy covering the Collateral shall provide-that loss thereunder shall be payable to Bank as its interest may appear and shall prohibit cancellation or substantial modification without at least 30 days prior written notice to Bank. Maintain liability insurance in such amount as is acceptable to Bank, and each liability insurance policy shall prohibit cancellation or substantial modification without at least 30 days prior written notice to Bank. D. NEGATIVE COVENANTS. Borrower will not: 1. Dispose of any of its assets pledged as collateral to the Bank without Bank's prior written consent. 2. Give any guarantees or assume any contingent liabilities, except in the normal course of business. Use borrowed funds for purposes other than those approved by Bank. Change ownership, control or key management. DOCUMENTS. Borrower will execute and deliver to Bank all documents and are customarily provided in .transactions of this type, and all other document reasonably deemed Incur any liens, encumbrances, or mortgages on any of its assets pledged as collateral AGENDA ITEM . ,~ to the Bank, except as approved by Bank. ,o. ?, ,;ql~ JUL 3 1 2001 item, S.a.t ~) necessary 'by Bank. Each document'and item required to be Jubilation Development Corporation 6/19/01 Page 3 submitted to Bank pursuant to this Commitment shall be satisfactory in form and substance to Bank. " F. OTHER TERMS AND CONDITIONS. 1. MISCELLANEOUS: The commitment is subject to the following:- a. Satisfactory Phase I Environmental site assessment, determining whether additional environmental testing/evaluation lis necessary. Need for additional testing, the cost of which shall be.paid by borrower, will be at Bank's sole discretion. .~ b. Bank's attorney shall prepare the necessary documentation in order to comply with all the terms and conditions of this Commitment, and to comply with applicable Florida law. Borrower's and Bank's legal fees and costs shall be paid by Borrower. Co Borrower shall supply a Title Insurance Binder from a company acceptable to Bank insuring both the fa'st mortgage and second mortgage liens without exception other than real estate taxes and restrictions acceptable to Bank. do Receipt and satisfactory review of a boundary, foundation and "as built" survey certified to Bank, Bank's attorney, Title Insurance Agency, Title Insurance Company and Borrower. Construction cannot begin on an 8-unit condominium building until any previously constructed building has qualified presales or closings for 100% of the units and the new building has met the 50% presale requirements. Qualified presales require buyer to have 1) executed a purchase agreement 2) deposited a minimum of $1,000 toward the purchase and 3) received a mortgage commitment for the unit being purchased. go Multiple buildings may be under construction at any one time as long as all conditions for commencement of construction have been met and the total balance outstanding under the loan does not exceed $1,200.000. Release requirement of 100% of sale proceeds where PCB has the first lien position. Release requirement for single family home sites will proceeds available after satisfying outstanding obligations holder. " AGENDA ITEM/ be the fn'st lien JUL 3 1 2001 Jubilation Development Corporation 6/19/01 Page 4 j. Engineer/Architect inspections required prior to advance of funds. k. Qualified marketable securities in the amount of $215,000 to be pledged as collateral must be listed on NYSE and sell for more than $10.00/share. The value of the securities will be verified weekly. Should market value decrease below $200,000, Borrower will be required to pledge additional qualified securities or cash in an amount sufficient to bring market value to a minimum of $215,000. 1...~..' onal collateral pledge of $215,000 in marketable securities will be held as collateral until ~o (.~2} condominium units have been sold and closed. -~ o~/~ 7Zz~ C F_.~...) /~,.~/4 ' m. All loans to Borrower and Guarantors shall be cross-defaulted. n. Borrower shall establish and maintain its entire deposit relationship with Premier Community Bank of Southwest Florida. FINANCIAL INFORMATION: Borrower and Guarantors agree to provide the following to Bank, together with all other £mancial information from time to time reasonably requested by Bank: ao Annual Financial Statements. Borrower shall furnish to Bank within one hundred and twenty (120) days after the end of each fiscal year a compiled profit and loss statement and a balance sheet as of the end of such year. Reports shall be prepared in conformity with generally accepted accounting principles, applied on a consistent basis, and in a form acceptable to Bank. Tax Returns. No later than one hundred and twenty (120) days after the end of each fiscal year of Borrower, Borrower shall provide Bank a copy of Borrower's Federal Income Tax Return or Extension as filed with the Internal Revenue Service. If an extension is filed, Borrower will provide Federal Income Tax Return to Bank within thirty (30) days of filing. Co Guarantor. Each individual guarantor shall furnish to Bank within one hundred twenty (120) days after each calendar year end an updated personal financial statement and a copy of each Guarantor's Federal Income Tax Return or Extension as filed with the Internal Revenue Service. If an extension is filed, Guarantor will provide Federal Income Tax Return to Bank within thirty (30) days of filing. · _.. JUL 1 2001 Jubilation Development Corporation 6/19/01 Page 5 4 FIELD EXAMINATION. Borrower shall allow Bank to conduct an audit and examination of Borrower's books and records from time'to time as determined by Bank at its sole discretion. LOAN APPLICATION. This Commitment is based upon the accuracy of your representations and statements, any loan application and all' additional information, representations, exhibits and other matters submitted to Bank for its consideration. Bank shall have the option to declare this Commitment to be breached if (i) there is any material misrepresentagon or misstatement or any material error in anything submitted to Bank; (ii)'there is a material adverse change in the state of facts submitted to Bank; or {iii) Borrower or any Loan guarantor has become insolvent, bankrupt, incapaci~ted or is deceased. EXPENSES. Borrower acknowledges and agrees that Bank shall not incur any expense in connection with the negotiation or consummation of this Commitment or the loan. Promptly upon Bank's demand, Borrower covenants to pay all costs and expenses incurred by Bank in connection-with the preparation for the closing of the Loan, whether the Loan is closed or not and through the continuing administration and supervision of the Loan following closing. ASSIGNABILITY. Neither this commitment nor any interest in it may be assigned by Borrower without Bank's prior written approval. COMPLETE AGREEMENT. This Commitment supersedes all prior oral and written negotiations, representations, and agreements by and between Bank and Borrower with respect to this loan. COMMITMENT SURVIVES CLOSING. Unless otherwise provided in the Loan Documents, all terms, representations, warranties, covenants, and agreements made herein and the terms and provisions hereof shall survive the making of the credit facility or facilities described herein and the delivery of the Loan Documents, and shall continue in full force and effect, so long as the facility or facilities covered herein are outstanding and unpaid. In the event of irreconcilable inconsistency with any of the other Loan Documents, the terms of the other Loan Documents shall control. If the other Loan Documents are silent as to an issue addressed in this Commitment Letter, the terms of this Commitment Letter shall control. The terms of this Commitment Letter and all Loan Documents shall be governed by Florida law. JURY WAIVER. BORROWER, GUARANTORS HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARI INTENTIONALLY WAIVE THE RIGHT TO JURY TRIAl LITIGATION IN ANY COURT WITH RESPECT CONNECTION 'WITH, OR ARISING OUT OF TO3ULII 1 2001 LOAN Jubilation Development Corporation 6/19/01 Page 6 DOCUMENTS, OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION, OR ~- ENFORCEMENT TI-W~REOF, OR ANY OTHER CLAIM OR DISPUTE HOWSOEVER ARISING BETWEEN BORROWER, GUARANTORS AND BANK. 10. COMMITMENT EXPIRATION. This commitment shall expire unless it has been accepted in writing and the acceptance received by the undersigned on or before 06/29/2001. The financing provided for herein must close on or before 07/31/2001. The terms of this Commitment provide a basis for the terms of the loan documents to be executed in connection with the loan but do not constitute an ail inclusive or exhaustive expression of the terms and conditions of such documents. Bank shall be entitled to include such additional terms and conditions in the loan documents as Bank deems appropriate under the circumstances. Please indicate your acceptance of this commitment and the terms and conditions contained herein by executing your acceptance below and returning one executed copy of the Commitment Letter along with a check in the amount of $6,000 to the undersigned. We would like to express our appreciation for the opportunity to be of service, and look forward to an ongoing mutually satisfactory relationship. Sincerely, Janis Koller Senior Vice President A(~ ENDA. I~el~ 7 No.._..Z.~...~ I JUL 3 1 001 Jubilation Development Corporation 6/19/01 Page 7 The undersigned Borrower and Guarantors hereby agree and accept the terms and conditions of the foregoing Commitment. BORROWER: Jubilafio~elopment Corporation lt~ichar~l J/Nogaj~ its ~'~esid~ Florence A. Nogaj, its Secretary Date: ~, -,-~-~- 0 / GUARANTORS: chard J. No~aj, ~u~lt~*' .~/~ Date: Florence A. Nogaj, individuall~ d Date: ~ - ~ ~'- tO / OI ~f~ .ecjol sufficiency A~iENDA ITeM , JUL 8 1 2001 P,. }/ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "OLDE CYPRESS TRACT 12" OBJECTIVE-. To approve for recording the final plat of Olde Cypress Tract 12, a subdivision of lands located in Section 21, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Olde Cypress Tract 12" 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 "Olde _ Cypress Tract 12" 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 JUL 3 1 2001 Executive Summary Olde Cypress Tract 12 Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues There are no historical / EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: A PSP for Olde Cypress was approved by the CCPC PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Olde Cypress Tract 12" with the following stipulations: 1. Authorize the recording of the Final Plat of "Olde Cypress Tract 12." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director / County Engineer APPROVED BY: Date AGENDA ITEI~ JUL 1 ZOO1 LEE COUNTY COLLI~ udUNIY 13 1~ 17 II 15 I - 75 I . · ~ PRi)JECT SIT VICINITY MAP AGENDa I~EM/~ ] No. ~/',,..,. JUL 3 1 ;~OOl EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A REVISED VERSION OF DIVISION 3.5 (EXCAVATIONS) OF THE LAND DEVELOPMENT CODE (ORD. 92-73 AS AMENDED) TO SERVE AS AN INTERIM POLICY DURING THE FORMAL REVIEW AND APPROVAL PROCESS. OBJECTIVE: To adopt a revised version of Division 3.5 of Ordinance 92-73 as interim policy. CONSIDERATIONS: The Section of the Land Development Code dealing with Excavations has been rewritten. This was done to update the code to deal with issues and problems that arose since the last rewdte of the code. Chief among these issues is offsite removal of excess fill generated by lake excavation in Golden Gate Estates, which is addressed in Section 3.5.7.10. Notification of neighboring properties is covered in Section 3.5.6.1.3.4. During the last amendment cycle, commercial excavations were added to the list of allowable conditional uses in estates zoning. This revision puts forth rules for those excavations. The revised ordinance has been transmitted to all concerned County Divisions and Departments and has been presented to the Golden Gate Civics Association at one of their public meetings at which excavation contractors were present. The comments of all these entities have been incorporated into the revision. The revised ordinance will now be presented to the DSAC, F. AC, and CCPC during their next round of LDC Amendments hearings. FISCAL IMPACT: The Community Development Fund, Development Services will receive revenues for applications and permits as per the latest fee schedule. The Transportation Division is rewriting the procedure for computing Road Impact Fees based on wear and tear rather than on capacity. The revised procedure should accompany the revised ordinance through the upcoming LDC Cycle. GROWTH MANAGEMENT IMPACT: AGENDA ITEM JUL 3 1 2001 None HISTORIC/ARCHAEOLOGICAL IMPACT: None EAC RECOMMENDATIONS: This item will be discussed by the EAC during the adoption hearings. CCPC RECOMMENDATIONS: This item will be discussed by the CCPC during the adoption hearings. STAFF RECOMMENDATIONS: ~at the BCC adopt the a~ached revis~ vemion of Division Development C~e as an inte~m policy until its formal adoption. ~TAN CH~NOw~KI, P.E, SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR/ COUNTY ENGINEER 3.5 (excavations) of the Land DATE APPROVED BY: ~JOHN I~. DUN'NuC'K, III, iN~TER'~! ADMINISTRATOR OF DA'r'E COMMqNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES AGENOA ITEM . JUL 3 1 2001 COLLIER COUNTY LAND DEVELOPMENT CODE by the Development Services Director shall become part of the permanent permit file. Sec. 3.4.16. Authority vested in the development services director. 3.4.16.1 The Development Services Director is vested with the authority to administer and enforce the provisions of this division and is authorized and directed to take any action authorized by or contemplated by this division to insure compliance with or prevent violation of the provision of this division. Sec. 3.4.17. Penalties Any firm, partnership, corporation, individual or other entity who violates the provisions of this division, or fails to comply with any requirement of this division, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecution of such violation. Each violation and each day that a violation continues shall constitute a separate offense. In addition, and as an alternative means of enforcement, Collier County may enforce the provisions or requirements of this division by means of any available civil remedy in a court of competent jurisdiction. State law reference- Penalty for ordinance violations, F.S. 125.69 Sec. 3.4.18. Previously issued permits. The provisions of the division shall govern all permits issued after the effective date of this division. DIVISION 3.5. EXCAVATION (REWRITE 16 July 01) Sec. 3.5.1. Title and citation. This division shall be known and may be cited as the "Collier County Excavation Regulations." Sec. 3.5.2. Purpose. The purpose of this division is to establish a reasonable regulatory framework to regulate excavations within the County so as to minimize any potentially adverse impacts of the excavation activity on public health, safety and welfare of the citizens of this County and its natural resources. AGEN~)/~ ITEI~4 JUL 3 1 2001 Sec. 3.5.3. Applicability; permit required. It shall be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefor, except as provided herein. 3.5.3.1 Excavations are defined in the definitions section of the ordinance as the removal of any material to a depth greater than three feet below the existing grade over any area, or one foot below existing grade over an area greater than 10,000 square feet. 3.5.3.2 Excavations on undeveloped coastal barriers shall be prohibited, except as specified in section 3.12.8.3. (Ord. No. 93-37, 3) Sec. 3.5.4. Exemptions. The following activities, to the extent specified herein, are exempt from the requirements of this division, provided that no excavated material is removed off-site, but are subject to compliance with all other applicable laws and county ordinances: 3.5.4.1 Earth moving in conjunction with any routine maintenance activity which restores the excavation to the final, and previously excavated, slope and depth configuration approved by the board, or with the installation of an underground utility which is to be backfilled. Material generated by this maintenance may be hauled offsite with administrative staff level approval if so specified in an approval letter. 3.5.4.2 Foundations of any building or structure, providing the excavation will be confined to the area of the structure only. 3.5.4.3 Excavations relating to the accessory use of property which by nature are of limited duration and designed to be filled upon completion, (i.e., graves, septic tanks, swimming pools, fuel storage tanks, etc). 3.5.4.4 The regrading only of any property for aesthetic purposes, including berming or contouring, that does not create a body of water or affect existing drainage patterns or remove native vegetation in excess of County standards. 3.5.4.5 Agricultural drainage and irrigation work incidental to agricultural operations. (see 3.5.5.1.2 for offsite hauling) AGENE~ IT6M ~ .o. JUL 3 1.2001 pg. /-~ 3.5.4.5.1 3.5.4.6. 3.5.4.7. 3.5.4.7.1. 3.5.4.7.2. 3.5.4.7.3. Sec. 3.5.5. 3.5.5.1. 3.5.5.1.1. Excavations incidental to agriculture surface water management and water use facilities as included in existing South Florida Water Management District permits. All excavated materials must remain on lands under the same ownership. Any transportation of materials over public roads is subject to appropriate transportation road use fees. The grading, filling, and moving of earth in conjunction with road construction within the limits of the right-of-way or construction easement, when the construction plans have been approved by the Collier County or State Department of Transportation. Farm animal watering ponds or excavations located on single-family lots / tracts where the net property size is two acres or more are exempt from the permitting procedures contained in this division, but must comply with all the construction standards of this division. Such exemptions apply only if: Excavation does not exceed one acre in area and -1-g 20 feet in depth. No excavated material is removed from the property. A building permit for the single-family home must be issued prior to the County issuing a letter of exemption. Activities 3.5.4.1, (except removal of excess material) 3.5.4.2, 3.5.4.3, 3.5.4.5, and 3.5.4.6 do not require letters of exemption. Activities 3.5.4.4 and 3.5.4.4-g 7 must submit plans or drawings of the proposed activity to Engineering Plan Review for a formal letter of exemption. (Ord. No. 92-73, 2; Ord. No. 93-89, 3; Ord. No. 97-26,3.H, 6-4-97) Excavation review procedures. Types of excavation permits. The permits required by this division shall be issued by the Development Services Directer Department in accordance with the procedures set forth herein and shall come under one of the following categories: Private excavations. Private excavations are considered to be an excavation on non-commercial property where the excavated material is not removed from the property and where the disturbed surface area at grade does not exceed two acres. Where more than one excavation is proposed for the same piece of property or properties under common ownership and the combined disturbed surface area exceeds two acres, the permits shall not be issued as a private excavation. 3.5.5.1.2. 3.5.5.1.3. Commercial excavations. (Types I, II, & III (A, B, C)) Commercial excavations are considered to be any excavation wherein the excavated material is removed from the subject property. An exception to this is that up to 4000 C.Y. of excavated material may be removed from an agriculturally zoned site if the fill is the result of a legitimate agricultural use as defined in other sections of this code. Type I commercial- in Estates zoning with a surface area less than 3.0 acres and a volume less than 60,000 cubic yards. Type II commercial- in Estates zoning with dimensions greater than those listed for Type I commercial. Type IIIA commercial- in agricultural zoning with a volume less than 100,000 cubic yards. Type III B commercial- in agricultural zoning with a volume equal to or greater than 100,000 cubic yards and less than 500,000 cubic yards. Type III C commercial- in agricultural zoning with a volume equal to or greater than 500,000 cubic yards and less than or equal to 5,000,000 cubic yards. Type III D commercial- in agricultural zoning with a volume greater than 5,000,000 cubic yards. All approved developments with offsite hauling will be considered Type III B commercial. The minimum lot size for any Type III commercial excavations shall be 20 acres. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include S.D.P.'s), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for any purpose whatever provided that: A(~END,~ ~TEI~ JUL 3 1 ZOO1 pg. & ___. The excavations were clearly defined and detailed as to location, size, shape, depth, and side slopes during the development's review process and, if applicable, approved by the board after appropriate public heatings. _. If approved by the board during the rezone and/or preliminary subdivision plat process, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. The design d~ of the excavatien shall be adjusted ..... ~,,,~,, ,~. .~..~..~ ~.,~ ..cc o;, ........ ~ of surplus mater/al. 3.5.5.2. Issuance of permits. 3.5.5.2.1 Issuance of private and development excavation permits. The Development Services Director may administratively approve and issue private and development excavation permits where all of the applicable standards of this division have been meot. When, in his opinion, the standards have not been met, the application shall be submitted to the Environmental Advisory bo"~d Council for recommendation with ultimate approval or denial required of the board. Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the Community Development and Environmental Servicesd Administrator, or his designee, and by the Environmental Advisory Board for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the Environmental Advisory beard Council shall be waived, but dependant on haul route and amount of fill to be hauled, staffmay require approval by Collier County Planning Commission.~,v,v ~ ........ ~,~ may 3.5.5.3. Notice of meeting. The Development Services Director shall give prior written notice of the E_nvironmental Advisory beard Council meeting, by first class mail, as noted in section 3.5.6.1.3.4, to all adjacent property owners (within 300 feet of the property line or within 500 feet of the excavation itself) as determined by reference to the latest official tax rolls. For Type I and Type II excavations, all owners of existing homes or homes under construction, (i.e. having broken ground on the date of submittal of the excavation) within 1 mile of the site along the haul route must be notified as listed in Section 3.5.6.1.3.4, and they may request that the item be heard publicly by the Board of County Commissioners. JUL 3 1 2001 3.5.5.4. 3.5.5.4.1 3.5.5.4.2 3.5.5.4.3 3.5.5.4.4 3.5.5.4.5 3.5.5.4.6 3.5.5.4.7 3.5.5.4.8 Excavation permit criteria. Approval by the Site Development Review Director and the Board shall be granted only upon competent and substantial evidence submitted by the applicant, that: The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. Dust or noise generated by the excavation will not cause a violation of any applicable provisions of article 2 of this code. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate County approval. The excavation will not adversely affect groundwater levels, water quality, hydroperiod or surface water flowways. The Development Services Director may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. The excavation will be constructed so as not to cause an apparent safety hazard to persons or property. The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of Critical State Concern. In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. Flow of water within and through preserved wetlands shall not be impeded. Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of division 3.7. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, ov seed, nd or mulch if an ~o. JUL 3 12001 3.5.5.5 3.5.5.6 3.5.5.6.1. 3.5.5.6.2. 3.5.5.7. 3.5.5.7.1. Other permits required. All appropriate State and Federal permits or approvals for work in jurisdictional areas shall be provided to the Development Services Director prior to issuance of an excavation permit. The excavation permit automatically carries with it permission to remove vegetation within 20 feet of the lake control contour elevation and for the stockpile area. Fees and guarantees. Upon Community Development and Environmental Services Administrator, or his designee, approval on behalf of the Board of County Commissioners, the applicant will, within 60 days of written notification from the Community Development and _Environmental Services Administrator, pay the required permit fee, road irn~act use fee if required, and post, if required, the appropriate performance guarantee, in a format approved by the County A__ttorney. In addition, the applicant shall provide written proof of payment of road impact use fees in accordance with section 3.5.9.3, if required. Failure to pay the fees and post the guarantee, within this time period shall constitute abandonment of the excavation permit application and will require complete reapplication and review in accordance with all requirements in effect at the time ofreapplication, with the following exceptions: Upon receipt of an applicant's written request with sufficient justification, as determined by the Development Services Director, and payment of a time extension fee, the Development Services Director may, one time only, authorize the extension of the permit issuance time for up to an additional 60 days. All previously approved excavation permits that have yet to be issued by the Development Services Director become eligible for the above time extensions upon the effective date of this division. Duration of excavation permits. Private excavation and Type I and Type II commercial permits shall be valid for a period of 12 months from the date of issuance. If the work is not completed in that time, a second application, with a reapplication fee must be submitted to the Development Services Director, requesting up to an additional 12 months to complete the excavation. If the Development Services Director finds sufficient good cause to grant the request, a permit extension will be issued. NA~ ~ENDA I JUL 3 12001 pg. ~} _ _ 3.5.5.7.2. Commercial Type III and development excavation permits will be of indefinite duration or until the excavation reaches the limits of the permitted size, provided the excavating operation remains active in accordance with the requirements of this division. (Ord. No. 93-89, 3; Ord. No. 96-21, 3) Sec. 3.5.6. Application requirements for excavation permits. 3.5.6.1. Unless otherwise directed, one copy of all required application documents shall be submitted to the Development Services Director on a form to be supplied by Collier County. The application shall include, but not be limited to, the following information: 3.5.6.1.1 The name, address, and telephone number of the applicant or his agent, and, if known, the excavator. 3.5.6.1.2. Proof of ownership, legal description and location of the property involved. A small location map, drawn on 8 ½- inch by 11-inch paper, shall accompany the application, clearly showing the location of the proposed excavation(s) in relation to commonly recognized landmarks. 3.5.6.1.3. A signed application provided by the County and completed by the applicant or his agent which includes: A statement that he has read this division and agrees to conduct the excavation in accordance with this division, this code and other county and state codes and laws. 2. A sl~atement of purpose of excavation and intended use of the excavated material. 3. Exhibits prepared and sealed by the project's surveyor/engineer showing. The boundaries of the property. Existing grades on the property. The level of the mean annual high and low water table with a justification of how the elevations were arrived at. ao d. The grades which will exist following the completion of the excavation. e. The volume of the excavation as measured from the natural grade. f. Easements, existing utilities, roads and setbacks, and zoning. g. Drainage and flowways. h. Aerial limits of any special site vegetation such as mangrove, cypress or other wetland species. AGE ITE t JUL 3 1 2001 /0___ i. For development and all Type III commercial excavations, logs of soil auger borings with field classification shall be provided, unless existing recent data is available and provided to the Development Services Director, for use in determining minimum and maximum depths and appropriate side slope configurations, and evidence of any confining layers, (this latter to determine if on-site or adjacent wetlands are "perched.") The depth of the soil auger borings shall extend to a point at least one foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation; zero to 4.9 acres/two locations; 5 to 9.9 acres/three locations; 10 acres or more/three locations plus one for each additional 20 acres or fractional part thereof. j. For private and Type I commercial excavations, two auger borings or a simple machine excavated hole to a depth of 13 feet below wet season water table must be submitted. ko For Type I and Type II excavations, the site must be posted with a notification of the date, time, and location of the public hearings before the Board of County Commissioners. For Type I and Type II excavations, a map of all occupied dwellings and dwellings under construction at the time of submittal of the application along the haul route one mile in any direction must be submitted along with stamped envelopes addressed to the owners of those lots. If the project is to be submitted to the Environmental Advisory beard Council a list of the names and addresses, obtained from the latest official tax rolls, of all owners or owner associations of property within one-fourth mile of the excavation or on-site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be performed, whichever is less. The applicant shall also fumish the Development Services Director with said owners' names and addresses on pre:addressed four-inch by 9 ½-inch envelopes with first class, plus one additional ounce, postage ready for mailing. For Type I and Type II excavations, all owners of existing homes or homes under construction (i.e. having broken ground on the date of submittal of the application) within one mile of the site along the haul route must be notified. The petitioner shall submit a list of these homeowners along with stamped (double first class rate) pre-addressed envelopes to the Community Development Division, Engineering Review Department. JUL $1 ZOO1 o Water management plan detailing methods for the conservation of existing on-site and off-site surface drainage systems and groundwater resources. Copies of an appropriate surface water management permit and/or water use permit (dewatering) as required and issued by the South Florida Water Management District shall be provided to the development services director prior to commencing the excavation operation. If excavated material will be removed from the property, and unless, due to site-specific circumstances, the requirement is waived by Transportation ser':ices _Operations Director, a traffic and road impact analysis will be made by the applicant to address the following: do Identifying the project's zone of influence, that is, the distance from the site that traffic is either generated from or attracted to. The existing condition of the road system within the excavation project's zone of influence. The capacity of the road system within the zone of influence to handle existing traffic, normal growth in the traffic, and additional traffic generated from the excavation project in consideration of the time frame of the traffic generation and the wheel loadings of such traffic. The site-specific road work within the zone of influence which is necessary prior to the start of the project and which are will be necessary during the project so as to assure that premature road failure and/or severe road damage will not occur. o ~,.,a ..... v ,,, ~, .... ,~,~,.,~w,, ,,,, th ...... ty and Road work to be undertaken by the applicant to mitigate adverse road impacts along with confirmation of the security, if applicable, to be provided by the applicant to assure completion of the identified road work. Any and all security and/or performance guarantee required in excess of $100,000.00 as set forth in the road use analysis shall be secured or guaranteed in accordance with section 3.5.10. Should there not be concurrence by Transportation _Qperations Director and the applicant, o~f about the improvements, maintenance, performance guarantee and/or other requirements on the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation by the en;'[remv..entat ~'~-'; .... ~'"~"'~ Collier County Planning Commission followed by review and action by the Board. The permittee may provide a phasing plan whereby the required performance guarantee may be reduced provided that security No. ~ JUL 3 1 ~001 requirements are met in the first phase. No additional excavation shall take place in future ,,l~..~.~o,,o phases until either the first phase is completed and approved by Collier County or additional security requirements are provided for the future phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the engineer's certified construction estimate. 3.5.6.2. Should blasting be necessary in conjunction with the excavation, all blasting shall be done under an approved Collier County user/blaster permit with no overburden removed prior to blasting from the area planned for excavation unless otherwise approved by the Development Services Director. Said permits shall be obtained from the Collier County Development Services Department. Should approval for blasting not be granted to the applicant, the applicant shall remain responsible to meet any and all requirements of an approved excavation permit unless the subject excavation permit is modified in accordance with this division. 3.5.6.3. If trees are to be removed as a result of the excavating operation, a review dir~cter befer~ werk shall ce..~mence, a simult~eous submittal shall be made to the enviromental staff of ~e Plying Se~ices Department. Release by environmental staff will constitute a permit for removal of the vegetation when the excavation permit is granted. 3.5.6.4. If the application is made by any person or firm other than the owner of the property involved, a written and notarized approval from the property owner shall be submitted prior to processing the application. (Ord. No. 93-89, 3; Ord. No. 96-21, 3) Sec. 3.5.7. Construction requirements for the construction of excavations. All requirements of the South Florida Water Management District, Permit Information Volume IV, along with the following requirements shall apply to all excavations. 3.5.7.1. Setbacks. Excavations shall be located so that the tap efb~k control elevation contour of the excavation shall adhere to the following minimum setback requirements: 3.5.7.1.1. Fifty feet from the right-of-way line or easement line of any existing or proposed, private, or public, street, road, highway or access easement. Exceptions to the above-referenced setbacks may be developed and shall be subject to final approval by the Development Services Administrator or his designee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO and/or Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida) and shall incorporate such factors as road .o. JUL $1 2001 3.5.7.1.2. 3.5.7.1.3. 3.5.7.2. 3.5.7.2.1. 3.5.7.2.2. 3.5.7.2.3. alignment, travel speed, bank slope, road cross section, and need for barriers. However, lakes immediately adjacent to "T intersections" shall be located based on a specific design analysis by the applicant's engineer which provides for safety and traffic considerations at the intersection. Fifty feet fi.om side, rear, or abutting property lines, except where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be 100 feet from the residentially zoned property. Exceptions to these setbacks may be granted based upon the installation of proper fencing (minimum 4 feet chain link) berms, walls, or other engineered protective measures for the portion of the property line within 100 feet of the lake. The minimum setback fi.om any property line to the control elevation contour shall be 20 feet. From jurisdictional wetlands setbacks will be determined using standards set by SFWMD. Side slopes. The finished side slopes of the excavated area, expressed as the ratio of the horizontal distance in feet to one foot of vertical drop, shall be as follows: A maximum 4.0 to one slope shall be graded fi.om the existing grade to a breakpoint at least t,hree ten feet below the control elevation me"~n a:mual lo':: water level. Below this breakpoint, slopes shall be no steeper than 2.0 to one. All governing side slopes shall be considered from the top of b"~ of the ~,~ ,,,,,+~,4,,~ ,,,. ~, ,,,,;~,;,,, ground level 20 feet outside the control elevation contour of the resulting excavation. If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the breakpoint, then the remaining slope below the breakpoint shall be no steeper than 0.5 to one. If' said homogenous rock is encountered below the breakpoint, the slope below the breakpoint shall be no steeper than 2.0 to one to the rock elevation, and no steeper than 0.5 to one from the rock elevation to to the bottom ef tb.e excavation. However, me'an "~m'.'.a! lo'.-.' wzter level ten feet below the control elevation. In the event that property where a commercial or exempt agricultural excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of section 3.5.7.2 proper, or other criteria as may be more stringent. JUL 3 1 2001 3.5.7.2.4. 3.5.7.2.5. Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the site development review director, where justification is documented in a design analysis prepared by a professional engineer registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline length, but compensating littoral zone area must be provided. s- face water. Littoral zones- for pu oses of this ordinate, littoral zone ora l~e in Collier Coun~ will be defined as the ~ea of the lake lying in the zone between two feet below WSWT to one foot above WSWT. An area of littoral zone equivalent to 2% of the total area of the lake at control elevation shall be planted with wetland type vegetation. This littoral planting zone will be at an 8:1 minimum side slope. Littoral planting zones should be adjacent to and waterward of control structures ;;'h~'- passible or pipe outlets or inlets and shall be a minimum of 15 feet from any discharge structure or pipe intake so as not to impede or break flow. The following criteria shall be the minimum standards in the creation of the littoral zone. Eighty percent vegetative coverage of the planted littoral area is required over a three-year period to ensure establishment. Beyond three years the littoral shelf shall be maintained as a functional component of the lake system. The function shall be defined as: mimicking a natural system to improve water quality; biologically cleansing runoff prior to discharge; buffering against shoreline erosion; naturally controlling exotics and/or to mimicking other natural functions such as the utilization by wildlife. The littoral zone shall be planted with at least three different species of native, nursery grown or otherwise legally obtained vegetation tolerant of the different zones within the littoral shelf where no single species shall account for greater than 50 percent of coverage. Copies of receipts for vegetation purchase shall be provided upon request by the site development review director. Littoral zones may be moved or consolidated to areas within any lake in an interconnected lake system at a rate of 1.25 more than the original amount. JUL 1 ZOO1 o All Collier County listed prohibited exotics shall be removed as they occur, manually or with U.S. Environmental Protection Agency approved herbicides, when they exceed ten percent coverage. At the time of planting: minimum tree height shall be eight feet; minimum shrub height shall be 24 inches; minimum herbaceous height shall be 12 inches. The height requirement may be administratively waived where the required height of trees, shrubs, or herbaceous plants are not available. An annual monitoring report shall be forwarded to Compliance Services Environmental Staff, until such time as criteria set forth in section 3.5.7.2.5(1) have been satisfied. In order to ensure a minimum eighty (80) percent coverage of littoral zone planting areas, a performance guarantee pursuant to the provisions of section 3.5.10 will be required upon completion and acceptance of each excavation permitted by the county. The value of the guarantee shall be based on a cost estimate to replace the original installed littoral zone plants. The guarantee must be submitted in a format approved by the County Attorney and approved by the Community Development Services Admi~stm~ Director, or his designee, on behalf of the Board of County Commissioners prior to preliminary acceptance of the permitted excavation(s) and shall be held for a period of a minimum of one year to allow the plantings to become established within the lake. The guarantee may only be released by the county upon the completion of a final inspection which confirms that at least 80 percent coverage has been obtained. 3.5.7.2.6. 3.5.7.3. 3.5.7.3.1. No building construction permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top-of-bank' and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the Development Services Director. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of section 3.5.7.2.4. Depths. Unless site conditions, water quality, or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: Maximum. Private and development excavations shall not exceed 4-~ 20 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. [ ~.a~ [~ JUL 1 2001 3.5.7.3.2. 3.5.7.3.3. 3.5.7.4. Commercial excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula" or if it can be shown from a comparative water quality study of another similar lake (comparable geometry) that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the ground water resources in the surrounding area. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of'the year, the bottom elevation shall be at least six feet below the mean annual low water level. Over-excavation.. In those instances where the excavator over-excavates the depth of the excavation by more than an average often percent, written justification shall be submitted to the Development Services Director by the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the Development Services Director and Advisory Beard Council, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the Development Services Director. If the depth is deemed acceptable by the Development Services Director and approved by the Environmental Advisory Board, a penalty shall be set by resolution for each cubic yard of excavated material. Fencing. If, at any time, the Development Services Director finds that the location and conditions of an excavation are not in, or able to be brought into, compliance with all requirements of this division, the excavation shall be buffered with a minimum of a four-foot-high fence with "No Trespassing" signs as deemed appropriate by the Development Services Director to deter passage of persons. 3.5.7.5. Hours of operation. Hours of operation and blasting operations shall be regulated by appropriate County Ordinance and State laws. Unless otherwise approved by the Development Services Director, all excavation operations with the exception of dewatering pumps, which are within 1,000 feet of developed residential property, shall be limited to operating hours between 7:00 a.m. and 56:00 p.m., Monday through Saturday. Additionally, such excavation operations shall be in compliance with any and all County ordinances which establish operating controls by hours, days, noise level, or other parameters relating to public health, safety and welfare. Hours of operation for private and for Type I and Type II commercial shall be 7:00 a.m. to 6:00 p.m. Monday through Frida) NO. ~ JUL 3 1 2001 3.5.7.6. 3.5.7.7. 3.5.7.8. 3.5.7.9. Restoration. Upon completion of the excavation operation, the subject property shall be restored as required by the 1986 State of Florida Resource Extraction Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable rehabilitation of the total disturbed area where the resource extraction has occurred, and shall meet the reclamation performance standards established by the State. All disturbed areas, including the excavation side slopes above the water line and a 20-foot wide area around the entire perimeter of the excavation, shall be sodded or fertilized and seeded with a quick-catch seed variety approved by the Development Services Director within 60 days of the final side slope shaping in order to minimize the potential for erosion. Discontinuance of operations. If the excavating operation is inactive for a period of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the working face, shall be brought into conformance with this division and a report so stating, prepared and sealed by the project's surveyor/engineer shall be submitted to the Development Services Director. Recommencement shall also be reported to the Development Services Director. If the excavating operation is never started or is discontinued for a period of one year, that permit is void unless a written request is made by the permittee with sufficient justification for a time extension in which case the Development Services Director may authorize a permit extension for up to 180 days. A new permit must be approved prior to commencement. Non-water management system lakes. Non-water management system lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the following conditions: a. Side slopes shall be at a minimum ratio of two to one. b. The required littoral zone may be created at a water management lake in the system, but at least ten percent of the required littoral areas shall be created at the lake discharge facility. c. Riprapping must extend down to the slope breakpoint required by section 3.5.7.2, LDC. d. The lake shall have protective barriers to prevent vehicular access where necessary. e. The lake shall meet all of the design requirements of section 3.5, LDC. Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e. changes resulting in an increase of 20% or more in excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to project plan review for review and apl ±'uval,~oeNl~E~ ]~:) No. ~ JUL 3 1 2001 . ,,,.. with such approval granted in writing prior to commencement of any proposed change. Failure to comply with the permit requirements shall be cause for the Development Services Director to issue stop work orders on all excavation related activities taking place or planned for the subject property. Insubstantial changes shall not require prior written approval and shall include reductions in surface area not affecting water management design quantities of material to be removed. A written description of proposed insubstantial change, including an illustrated as-built as per the excavation permit, to any approved excavation shall be submitted in writing to project plan review and to the Development Compliance Department. (Ord. No. 92-73, 2; Ord. No. 93-89,3; Ord. No. 95-58, 3; 11-1-95; Ord. No. 96-21, 3; Ord. No. 97-26, 3.H, 6-4-97) 3.5.7.10 Special Requirements for Type I and Type H Commercial Excavations 3.5.7.10.1 Type I and Type II commercial excavations will be required to apply for a conditional use for the parcel(s) that the excavation occurs on. 3.5.7.10.2 Conditional use and excavation permits shall have a one (1) year time limit with provision for a one (1) year extension upon payment of a renewal fee. 3.5.7.10.3 Blasting will not be permitted. If test holes show that rock is less than 12 feet from the original grade, removal methods must receive staff approval. 3.5.7.10.4 Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to 5:00 p.m., Monday through Friday. 3.5.7.10.5 All areas disturbed for fill storage must be seeded and mulched upon completion of construction. Prior to release of bonding, the planted seed must reach a height of 6". Rye grass is acceptable. 3.5.7.10.6 Lake Location and Size. For parcels 5.00 acres in size and smaller, the surface of the lake can occupy a maximum of 40% of the lot area. For parcels over 5.00 acres up to 10.00 acres, the surface area of the lake can occupy a maximum of 45% of the lot area. For parcels over 10.00 acres, the surface area of the lake can occupy a maximum of 50% of the lot area. JUL 3 1 2.001 Finished lakes must have an irregular shape with no comers less than 40 feet in radius, and must otherwise conform to Section 2.8.4.7.1 of the Land Development Code. Setbacks less than 50°-A feet (from control elevation contour to property line) are allowable if proper fencing (48 inches high and "childproof") is used. There shall be no exceptions to the 50 foot front yard setback from the road R.O.W. line. 3.5.7.10.7 Depths. Type I and Type II Commercial Excavations shall not exceed 20 feet in depth. The minimum depth shall be 12 feet at the middle of the excavation. See 3.5.7.3.1 for exceptions. 3.5.7.10.8 Sideslopes shall be no steeper than one (1) foot vertical to four (4) feet horizontal to a depthw._..~,,?'-~'~'~ ~.tm~ ten (10) feet below e~gina! gre"~nd control elevation and may be as steep as one (1) foot vertical to two (2) feet horizontal below that elevation. 3.5.7.10.9 Building envelope. A minimum one (1) acre building envelope will be shown. The envelope shall be contiguous, rectangular in shape, and may extend to the property lines and include setbacks. The minimum dimension of the rectangle shall be 150 feet. 3.5.7.10.10 Stockpiles. Temporary stockpile areas shall occupy a minimum of one (!) acre. The stockpile area may occupy the future homesite. Proper erosion control and sediment measures must be used at the stockpile site. 3.5.7.10.11 Littoral zone plantings must conform to Section 3.5.7.2.5. Sec. 3.5.8. Inspection and reporting requirements. 3.5.8.1. Inspection. 3.5.8.1.1. Collier County personnel, having given reasonable advance notice, shall have the right to enter the property permitted for excavation and may from time to time carry out inspections of the excavation site including the collection of water samples to determine compliance with the provisions of this division and any special conditions attached to the excavation permit as issued by Collier County. 3.5.8.1.2. Upon reasonable notice from Collier County personnel that an inspection is to be conducted which requires the assistance and/or presence of the permittee or his representative, the permittee or his representative shall be available to assist and/or accompany county personnel in the inspection of the excavation site. JUL 3 1 2001 3.5.8.1.3. 3.5.8.2. 3.5.8.2.1. Collier County personnel are not obligated to carry out a detailed topographic survey to determine compliance with this division. Upon a finding of violation of this division or the special conditions of the excavation permit, the Development Services Director shall advise the permittee in writing by certified letter. The permittee shall, within 15 days of receipt of such notice, have either the violation corrected or submit in writing why such correction cannot be accomplished within the 15-day period. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the Development Services Director, the delay in correcting the violation is excessive, he may recommend to the Board that the excavation permit be temporarily suspended or perm-anently revoked. Upon correction of the violation, the permittee may be required by the Development Services Director to have an appropriate report, letter and/or survey, whichever is applicable, prepared, sealed and submitted to Collier County by the project's engineer/surveyor. Failure to do so shall be cause for revoking the permit. Reporting. Status reports. The permittee shall provide the Development Services Director with an excavation activities status report as follows: Private and T)~pe I and Type II commercial excavations. A final status report within 30 days after the final completion of the excavation. Development and all Type III commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived. : The final or annual status report shall consist of no less than the following information as may be deemed necessary by the Development Services Director, to accurately determine the status of the excavation, its c-~mpliance with this division and the special conditions of the excavation permit: a. A sealed topographic survey prepared by the project's surveyor/engineer, containing the following: (1) A base line along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at JUL :3 1 2001 (2) each station. Unless otherwise approved by the Development Services Director, cross sections shall be taken every 100 feet on excavations less than five acres, and every 200 feet on excavation over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angle cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of this division. Side slopes shall be graded to within a reasonable tolerance as will be determined by the Development Services Director, depending upon local site conditions. On all planned unit development or subdivision projects, the outline of the excavations top-of-bank shall be accurately plotted and referenced to known control points in order that: (a) The surface area can be verified as meeting size and retention/detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre. (b) It can be determined that the excavation was constructed within easements dedicated for that purpose. (3) The location of all excavated materials stockpiled on the property. (4) Calculation of volume of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated during reporting period. JUL 3 1,2001 bo A certification fc..-rn from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage areas, if any, and have alerted the permittee of any apparent weak spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off-site flooding. Co A certification fc~.-x'., from the project's surveyor/engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this division and any special stipulations placed upon the excavation permit. d. If the excavation is incomplete, a written statement by the permittee shall be provided stating the anticipated date of final completion of the excavation. A(3 END& I,lPE. M No, /.~ JUL 3 'l Pg, ~___- EXECUTIVE SUMMARY RECIUEST TO APPROVE AND FUND OF AN ENGINEERING TECHNICIAN TO ASSIST THE TRACKING AND PROCESSING OF DEVELOPMENT PROJECTS AND UTILITY CONVEYANCES. OBJECTIVE: To improve customer service by hiring an Engineering Technician to assist in the tracking and processing of development projects and provide back-up assistance in utility conveyances. CONSIDERATIONS: This position has been tentatively approved for FY 2002 dudng our preliminary budget review with the Board, The Engineering Department is currently understaffed to keep pace with the tracking and subsequent correspondence to the engineers, architects, developers and agents advising them of the status and context of the reviewers comments. In addition it has been difficult to keep pace with utility conveyance and secretarial assignments. This person would provide the necessary back-up and assistance to our engineering technicians and administrative secretary to provide services that exceed expectations. FISCAL IMPACT: The Community Development Fund, Development Services Fund 113 will be impacted with an estimated annual cost of $37,400. The cost for the remainder of FY 2001 will be taken from Fund 113 reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the hidng of an Engineering Technician for FY 2001. JUL 3 1 20111 Pg. PREPARED BY: Thomas E. Kuck, P.E. Engineering Services Director APPROVED BY: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES JUL 3 [ ZOO1 pg. EXECUTWE SUMMARY RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY ADOPT A RESOLUTION TO AMEND THE BYLAWS OF THE LOCAL REDEVELOPMENT ADVISORY BOARDS. OBJECTIVE: To amend the bylaws to remove the requirements for providing meeting notices at the county courthouse and to add requirements for providing meeting notices in the Administration (Harmon Turner) Building. CONSIDERATIONS: On March 27, 2001 the Community Redevelopment Agency adopted Resolution 2001-98, which created the Local Redevelopment Advisory Boards and adopted bylaws for the advisory boards. The bylaws indicate that meeting notices will be provided in the county courthouse. Meeting notices for meetings such as this are normally provided in the Administration (Harmon Turner) Building and not in the county courthouse. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: None. PLANNING SERVICES RECOMMENDATION: Adopt the attached resolution amend the bylaws of the Local Redevelopment Advisory Boards to delete the requirement of providing meeting notices in the county courthouse and add the requirement of providing notice in the Administration (Harmon Turner) Building. PREPARED BY: MARLENEFOOi~- ' ' PRINCIPAL REDEVELOPMENT SPECIALIST COMPREHENSWE PLANNING SECTION July 16, 2001 DATE REVIEWED BY: ~T~N LITSI~ DATE COMPREHENSWE PLANNING MANAGER TOM KUCK DATE INTERIM PLANNING SERVICES DEPARTMENT DIRECTOR APPRC~D BY: JOHN DI~NUCK DATE INTERIM ~kDMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES ct/ JUL 3 1 2001 1 2 3 4 $ 6 7 8 9 10 11 CRA RESOLUTION NO. 2001-~ A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO COMMUNITY REDEVELOPMENT; ADOPTING AMENDED BYLAWS OF THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD AND THE IMMOKAI.EE LOCAL REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTWE DATE. 12 WHEREAS, on March 27, 2001, the Collier County Community Redevelopment Agency (the 13 "Agency") adopted Resolution No. 2001-98, thereby adopting bylaws for the Bayshore/Gateway Triangle 14 Local Redevelopment Advisory Board and the lmmokalee Local Redevelopment Advisory Board; and 15 WHEREAS, the Agency desires to amend the by-laws to provide that meeting notices will be 16 posted in the Administration (Harmon Turner) Building instead of the Courthouse; 17 18 19 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS: SECTION 1. Advisory_ Board Bylaws: That there is hereby adopted amended bylaws for the 22 Bayshore/Gateway Triangle Local Redevelopment Advisory Board and the lmmokalee Local 23 Redevelopment Advisory Board, a copy of which is attached. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 2: Effective Date: This Resolution shall become effective immediately upon its passage and adoption. This Resolution adopted after motion, second and majority vote 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 sufficiency: l/lei~li A'~h-ton A'~sistant County Attorney and CRA Legal Counsel JUL,, 1 2[:'-01 pi. L AMENDED 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. JUL 31 2001 ARTICLE II. ADVISORY BOARF~ SECTION 1. Function: Each advisory board is established to carry out those purposes that are outlined in Article I, Section 3 hereof. SECTION2. Authorityi Standing Rules: The advisory board shall be subject to the direct sui~ervision of the CRA Board. The CRA staff shall assist each advisory board and shall serve as the liaison to the CRA Board. Each advisory board may prepare and adopt standing rules specific to that advisory board's component redevelopment area. Preparation, adoption and amendment of any such standing rules shall be at the discretiov 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 II, Section 5 for the Bayshore/Gateway component redevelopment area and Article II, Section 6 for the Immokalee component redevelopment area. All appointments 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 component 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 direct6r 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 Boanl 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; (f) One (1) Bayshore MSTU representative; JUL. 3 1 2001 (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 Collier County Ordinance 95-22, as amended, shall be the Immokalee Local Re'development Advisory Board. The Immokalee Local Redevelopment Advisory Board shall adhere to the provisions of these bylaws, except as otherwise provided by 95-22, as amended. 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: ExceI~t for the Immokalee Local Redevelopment Advisory Board, 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. The terms for the Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in Collier County Ordinance 95-22, as amended. 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 intemet. Appointments to fill vacancies on the advisory board shall be filled by the CRA Board member of the component redevelopment area. 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, Removal and Resignation: 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, to the 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 rr to be vacant if the CRA concurs that the advisory board member was .'mber~ abselilkfrom two, JUL 3 1 2001 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. A member may resign at any time by delivering notice thereof to the advisory board and the CRA Chairman. A resignation is effective when the notice is delivered to the CRA unless the notice specifies a later effective date and the CRA 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. SECTION 11. Financial Disclosures: Advisory board members shall comply with the applicable financial disclosure requirements of laws of the State of Florida. ARTICLE III. OFFICERS 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 have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office on an advisory board to the CRA. JUL .3 I 2001 4 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. 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 n6F.~A rrF.~ JUL 3 1 2001 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 Administration (Harmon Turner) Building 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 records shall be open to public inspection, in accordance with applicable law. 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. CONFLICT The provisions of these bylaws shall apply to the Immokalee Local Redevelopment Advisory Board except as otherwise provided by Collier County Ordinance No. 95-22, as amended. It is the intent of the CRA that Collier County Ordinance No. 86-41, as amended, shall not apply to the advisory boards. ARTICLE VII 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. ~iF. NDA ITEM~ JUL 3 1 2001 PASSED AND CERTIFED AS TO PASSAGE by the Collier Agency this ~ day of ,2001. County Community Redevelopment ATYEST: DWIGHT E. BROCK, SECRETARY COMMUNrrY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: BY: PAMELA S. MAC'KIE, CHAIRMAN Approved a to form and legal sufficiency: Heidi Ashton, Assistant County Attorney and CRA Legal Counsel A6F..~DA IYF. M ~ 1G Ai~ JUL 31 2001 EXECUTIVE SUMMARY EXTENSION OF BUILDING PERMIT APPLICATION FOR MALIBU LAKES OBJECTIVE: To resolve site development review process conflicts. CONSIDERATIONS:. The developer of Malibu Lakes submitted a simultaneous review of a building permit and Site Development Plan last year. According to Ordinance 98-76 a building permit must be completed within six (6) months of staff's final review and the SDP must be approved prior to final release of the permit. There is no provision in the Ordinance for extensions. The Site Development Plan for Malibu Lakes was required to include the Tarpon Bay Boulevard roadway plans as part of the SDP rather than as a separate Right-of-Way Use Permit. The portion of the SDP which addressed the Malibu Lakes Development received final comments prior to the end of February 2001. Had the SDP included only the site development for Malibu Lakes, the building permit could have been processed within the Ordinance requirements. However, since the roadway plans were attached to the SDP, final approval was not given until June 2001, causing the building permit application to expire. Collier County Transportation Division staff support the position that the SDP would have been approved in February except for the roadway plans. As the proposed Tarpon Bay Boulevard improvements are intended to provide for more than site access, it is the position of the Transportation Division that the roadway plans should have been considered as a separate permit. This is reflected in the Developer Contribution Agreement entered into between the developer and the county earlier this calendar year. The impact of the expired building permit to the developer would be an additional $187,000 due to the impact fee schedule rate increases, which were effective April 1, 2001. The original SDP and building permit applications were submitted prior to the rate increase. Based upon the developer's good faith efforts in complying with then current processes, staff recommends that the building permit be extended and processed under the former impact fee schedule. GROWTH MANAGEMENT: The proposed Malibu Lakes development is consistent with the objectives in Collier County's Growth Management Plan. AG EN,D& IT ~,~1 _ JUL 15 1 001 FISCAL IMPACT: If extended there will be no additional revenue. If the permit is not extended, the developer will have the option to either continue with the project and pay an additional $187,000 in impact fees along with the current impact fees, or determine that the project is not economically feasible. RECOMMENDATION: That the Board approves the extension of the building permits for Malibu Lakes. PREPARED BY: ~'~ ~' DATE: OJohn Dunnuck, Interim Community Development & Enviro~m/~tal Ser~m/~Administrator REVIEWED BY ' APPROVED BY: ~~~./~ DATE: NoTn Feder, Transportation Administrator / AGENDA ITEM JUL 3 1 2001 EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION ESTABLISHING AN OFFICIAL ADMINISTRATIVE PROCEDURES MANUAL FOR THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE OBJECTIVE: To obtain Board of County Commissioners approval and adoption of a procedures manual (the Manual) to serve as a guide for County staff and the development community in the implementation and administration of the Collier Count3, Consolidated Impact Fee Ordinance (the Ordinance). CONSIDERATION: On February 23, 1999 the Board of County Commissioners approved an agreement with Tindale-Oliver and Associates to update the Transportation, Emergency Medical Services and Library Impact Fee rate schedules. On August 3, 1999 the Board approved a contract amendment expanding the scope to include consolidation of all of the County's impact fee ordinances into a single document and the development of a comprehensive administrative procedures manual. This initiative was aimed at eliminating inconsistencies in the administrative provisions of the various impact fee ordinances, clarifying impact fee calculation methods, and implementing new procedures where needed. The consultant completed the three fee schedule updates by July 2000 and then shifted their focus to the tasks identified in the contract amendment. County staff formed a working group to complete the project composed of representatives of the Community Development & Environmental Services, Transportation Services and Public Utilities Divisions, the Real Property Department, and the County Attorney's Office. The Clerk of Courts Finance and Internal Audit Departments also provided valuable assistance. The Board adopted the Ordinance on March 13, 2001. The Manual defines administrative processes in the text as well as in the form of workflows, which are illustrated in numerous figures found throughout the document. Each section of the Manual describes the corresponding section of the Ordinance and provides further details regarding the actions to be taken in the implementation of that particular portion of the Ordinance. Also, the Manual establishes a corps of Impact Fee Specialists within the County--personnel that are highly knowledgeable of the Ordinance and are responsible for the accurate calculation and assessment of fees. Certain sections of the Ordinance require specific actions by County staff and customers in the development community. Many of these areas have been problematic in the past in terms of accuracy and consistency in the assessment and collection of fees; thus, staff and the consultants have placed special emphasis on these areas in the development of both the Ordinance and the Manual. AGENDA ITEM No. ~ JUL 3 1 2001 Administrative Procedures Manual for Consolidated Impact Fee Ordinance Page 2 The major sections of the Ordinance for which the Manual provides detailed guidelines and procedures include the following: 1. Section 74-201., Imposition of Impact Fees for Residential and Non-residential Land Uses; 2. Section 74-201.C., Changes of Size and Use; 3. Section 74-201.D., Impact Fee Exemptions; 4. Section 74-202., Payment of Impact Fees; 5. Sections 74-201.E. and 74-401, Affordable Housing Waivers and Deferrals; 6. Section 74-204., Alternative Impact Fee Calculations; and 7. Section 74-205., Developer Contribution Credits and Agreements. FISCAL IMPACT: Impact fee rate schedules were not updated as part of this project. It is anticipated that the refinement of procedures for assessing and collecting impact fees will have a positive effect on revenue receipts. GROWTH MANAGEMENT IMPACT: Impact fees are a critical funding source for infrastructure capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt a resolution establishing the Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance. SUBMITTED BY: REVIEWED BY: APPROVED BY: ' 15hillerS. Ti['da~l' ,1~, Impact Fee Coordinator Community Development and Environmental Services Division Denton Baker, Business Manager Community Development and Environmental Services Division · Dunnuck, HI, Interim Administrator munity Development and Environmental Services Division AGENDA ITEM NC, ...... JUL 3 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 2001- A RESOLUTION ADOPTING AN ADMINISTRATIVE PROCEDURES MANUAL TO SERVE AS A GUIDE FOR COLLIER COUNTY STAFF AND THE LOCAL DEVELOPMENT COMMUNITY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; AUTHORIZING THE USE OF THE MANUAL BY STAFF AND CUSTOMERS FROM THE DEVELOPMENT COMMUNITY; AND REPEALING AND RESCINDING PRIOR UNOFFICIAL ADMINISTRATIVE GUIDELINES OR PROCEDURES. WHEREAS, Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, codified as Section 74-503 of the Collier County Code of Ordinances, incorporates and references therein the currently existing administrative procedures manual(s) for the Public Facilities Impact Fee, except to the extent that it conflicts or varies the terms of the Ordinance; and WHEREAS, on August 3, 1999, the Board of County Commissioners approved a consulting contract for the consolidation of all of the County's impact fee ordinances into a single document and the development of a comprehensive administrative procedures manual; and WHEREAS, since September 1, 1999, the County has implemented numerous management initiatives to enhance the accuracy and consistency of impact fee assessments and collections, including the creation of an Impact Fee Administration Section within the Community Development and Environmental Services Division, the implementation of redundant quality control measures, and the formation of an interdepartmental working group to address specific problem areas; and WHEREAS, the Board of County Commissioners desires for County staff to continue to take deliberate steps to upgrade and improve processes and procedures related AGENDA ITEM to the calculation, assessment, and collection of impact fees. JUL 3 1 001 pg. ',~ _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA that: The Board of County Commissioners hereby adopts the Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance (the Manual), attached hereto as Exhibit "A", and incorporates same by reference as if fully set forth herein; and authorizes the use of the guidelines and procedures contained within the Manual by County staff and customers from the Collier County development community; and further directs that the Manual shall be regularly reviewed by County staff and may be brought forth from time to time for the incorporation of corrective changes and improvements to its content, and directs that these future changes and improvements shall be presented for adoption by resolution of the Board of County Commissioners. BE IT FURTHER RESOLVED that, except for those documents expressly incorporated by reference into County codes or ordinances, any document, written or published by any agency under the jurisdiction of the Board of County Commissioners of Collier County, that has previously in any way served the purpose of complementing or augmenting County codes or ordinances relating to impact fees by promulgating administrative guidelines or procedures for the calculation, assessment, or collection of impact fees, is hereby repealed and rescinded by the adoption of this Resolution. This Resolution adopted after motion, second and majority vote favoring same. Done and effective the __ day of 2001; ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COM COLLIER COUNTY, FLORI )A No.~ JUL 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney James D. Carter, Ph.D., Chairman AGENDAITEM NO. JUL 3 1 Z001 COPIES OF THE ADMINISTRATIVE PROCEDURES MANUAL FOR THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE ARE AVAILABLE FORVIEWING AT: Development Services Center - 2800 N. Horseshoe Drive in the Impact Fee Administration Office Office of Public Information - 3301 E. Tamiami Trail in the Harmon Turner Building on the 1st floor County Manager's Office - 3301 E. Tamiami Trail in the Harmon Turner Building on the 2nd floor AGENDA ITEM No. -- JUL ~ 1 ~001 Section 74-108. General Definitions Overview This section establishes the intended meanings of specific terms used in the Consolidated Impact Fee Ordinance. When used in this Manual or in the context of the Consolidated Impact Fee Ordinance, the terms shall have the meanings defined in Section 74-108 of the Ordinance, unless the context clearly states otherwise. Definitions are included in the Ordinance for 112 terms, most of which can be categorized as a term defining a land use type, a general administrative term, or a term used specifically in the context of the administration of impact fees. Staff I Applicant Actions County Staff understand the definitions used in the Ordinance and can effectively communicate the intended meanings of specific terms to development applicants and other interested parties. County Staff also keep track of any term whose use continually creates confusion in the application of the impact fee program. Undefined terms that County Staff feel may need to be clarified, interpreted, or defined in order to alleviate confusion and mitigate legal challenges to the application of the impact fee program will be referred to the County Attorney's Office for review and legal interpretation. Undefined terms that have been so interpreted may, if necessary, be added to the Administrative Procedures Manual as annotations and serve as aids to administering, applying, or implementing the Manual and the Consolidated impact Fee Ordinance. As part of its routine review of the CIFO, if deemed necessary, the Board may add undefined, but annotated, terms as new definitions, except that no new definition shall be added to, or an existing term deleted from either the Administrative Procedures Manual or the ClFO without approval and adoption of an ordinance by the Board of County Commissioners. Tindale-Oliver and Associates May 31, 2001 Collier County Consolidated 8 JUL 3 i 2DO! Administrative Procedures Manual EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CPOC REALTY, L.LC., FOR OFFICE SPACE TO BE UTILIZED BY THE HOUSING AND URBAN IMPROVEMENT DEPARTMENT OBJECTIVE: Approval and execution of a Lease Agreelnent between Collier County and CPOC Realty, L.L.C., for office space to be utilized by the Housing and Urban Improvement Department. CONSIDERATIONS: Housing and Urban Improvement (HUI) has requested additional office space in order to meet growth within the Department. HUI is expected to relocate to the Community Development Sen'ices building once its' expansion is completed. The leased space contains approximately 2,960 square feet and is located within the same complex in which HUI is now located at 3050 Horseshoe Drive North. The new space is approximately 1,300 square feet larger than HUI's existing space. The landlord understands that Hill will relocate to the County-owned facility next year and has agreed to a one (1) year lease term commencing August 15, 2001. The annual rent is $42,920 payable in monthly installments of $3,576.67. The square footage rental amount of $14.50 reflects market rent for similar properties m the area. In addition to the rent, the County is responsible for ~nonthly cmmnon area maintenance charges of $634, as well as electric and phone service. FISCAL IMPACT: The rent, common area maintenance charges, electric and phone sen'ice currently is $31,620 the new lease amount will be $50,530. The difference amounts to $18,910, which shall be paid from General Fund (001) m the amount of $3,782.; Community Development Fund (113) in the imount of $5,673.; SHIP Fund (191) in the amount of $5,673.; Tourist Development Fund (194) in the amount of S1,891.; and the CDBG Fund (121) in the amount of $1,891. GROWTH MANAGEMENT IMP ACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with CPOC Realty, L.L.C., and authorize the Chairman to execute same at a later date pending final review by the Office of the County Attorney. JUL 31 t2~Ii~hael H. Dowling, Seni{~,.[_S¢e~alist Real Property Map._ggement Department ~VIEWED ~T0ni A. Mort, Supervisor ~ Real Property Managm~t~ }~ anment ~VIEWED BY: - ~ ~ Cfi~les ~. Ca~ington, Jr.,~ tW~SDirector Real Prope~y Management Department Date: 7~;-7'° / Date: '-'Y- / -') ' o ;' REVIEWED BY: Greg Mihfllic,--'~irector Housing'and Urban Improvement Date: ?'2~'~ o ) APPROVED BY: JohF Dunr~uck, Interim Administrator Community Development and Environment Services Division AGENDA ITEM JUL 3 1 ZOO1 EXECUTIVE SUMMARY REQUEST TO APPROVE AND FUND A SENIOR PLANNER TO ASSIST IMMOKALEE HOUSING INITIATIVE WITH PROCESSING SITE IMPROVEMENT PLANS. OBJECTIVE: To improve customer service and site improvement turnaround by hiring an Senior Planner to assist in the processing of Immokalee Housing projects and accomplish the objective of the Immokalee Housing Initiative. CONSIDERATIONS: This position has been tentatively approved for FY 2002 dudng our preliminary budget review with the Board. o The Planning Department is currently understaffed to keep pace with the review of site improvement plans submitted under the Immokalee Housing Initiative. This additional position will allow faster turnaround and improved personalized customer service to clients. FISCAL IMPACT: The Community Development Fund, Development Services Fund 113 will be impacted with an estimated annual cost of $49,800. The cost for the remainder of FY 2001 will be taken from Fund 113 reserves: GROWTH MANAGEMENT IMPACT: The approval of the position will help implement several objectives of the Housing Element of the Growth Management Plan. RECOMMENDATIONS: , That the Board of County Commissioners approve the hiring of an Senior Planner for FY 2001. AGENDA ITEM -- JUL 3 ! 2081 PREPARED BY: GregMil~lic, ' ; - Housing and Urban Improvement Director APPROVED BY: DATE JOHN M.~'UNNUCK, II1,-INTERIM AD~NISTRATOR OF DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES &eENDA ITEM NO. JUL EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 11 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES, INC. FOR LIVINGSTON ROAD, PHASE IV, PROJECT NO. 65041, AND THE LIVINGSTON EAST-WEST CONNECTOR, PROJECT NO. 60036. OBJECTIVE: Obtain Board approval for Amendment No. 11 of the Professional Services Agreement with Hole, Montes, Inc. to provide additional engineering services in the amount of $82,800 for the two referenced roadway projects. CONSIDERATIONS: On September 8, 1987, the Board approved the Professional Services Agreement with Hole, Montes, Inc. for water distribution facilities and highway improvements within the North Naples Roadway Municipal Services Taxing and Benefit Unit (MSTU) for Livingston Road from Immokalee Road to the Lee/Collier County Line. This Amendment requests additional fees for the following items: The six-lane design of Livingston Road from Immokalee Road to the future Livingston East-West Connector. Original design called for only a four-lane roadway for this section. Livingston Road from the East-West Connector to the Lee/Collier County Line shall be designed as a four-lane roadway. · The extension of Piper Boulevard approximately 2,550 feet north of its originally proposed extension. Water level monitoring in accordance with the requirements of the U.S. Army Corps of Engineers permit previously issued for the Livingston Road roadway improvements. · Right-of-Way Mapping for the extension of the future Livingston East-West Connector from Old U.S. 41 to U.S. 41. This Amendment also includes the reallocation of Task Fee amounts established for the two-lane construction observation services provided by Hole, Montes, Inc. on the Livingston Road roadway improvements. This reallocation request does not result in any additional fees, but merely reallocates the funding of tasks from those that were initially over-estimated or not constructed to those tasks that were under-estimated. .~.~.SCAL in the of $82,800 available in the Road LMPACT: Funds alilOunt are · Construction Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This project Transportation Element of the Growth Management Plan. is consist nt with the. TM _ JUL 3 1 2001 RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 11 to the referenced agreement with Hole, Montes, Inc., in the amount of $82,800. Dale A. Bathon, P.E., Senior Project Manager REVIEWED BY: APPROVED BY: .,~'~.~ ~. //~2~...f Date: Steph~ L. Miller, P.E., TE&CM Director /~/~'~' ~ ort atiDona~dm?!¢~/~a(or Nofixtan E. Feder, AICP, Transp ' JUL 3 1 2001 LIVINGSTON ROAD DESIGN PROJECT AMENDMENT NO. 11 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 11 to the Agreement dated September 8, 1987 (hereinafter referred to as the "AGREEMENT") is made and entered into this day of ., 2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is 715 Tenth Street South, Naples, Florida 34102 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Design of Livingston Road (from Immokalee Road to the Lee County Line), Project//65041, and the Livingston East-West Connector (From US 41 to Livingston Road), Project //60036 (hereinafter referred to as the "PROJECTS"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications (consisting of revising a portion of Livingston Road to a six lane design, the extension of Piper Boulevard, water level monitoring in accordance with permit requirements, additional right-of-way mapping and two lane construction phase services) to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, C~ONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the PROJECTS. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: AGE .o. JUL 31 2001 -'--- ARTICLE ONE 1.1 1.2 CONSULTANT shall provide to OWNER professional Engineering, Surveying, and Environmental services in all phases of the PROJECTS to which this Amendment applies. CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Exhibit A of this Amendment; as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Exhibit B, entitled "Exhibit B - Fees" for Basic Services and Consultant's Estimate of Additional Services, as outlined in said AGREEMENT with the modifications to Exhibit A to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said PROJECTS will be revised as indicated below: Task Six Lane Design Piper Blvd. Extension Water Level Monit, mg Right-of-Way Map[, ~g Two Lane Const. SeTw'ices Days Followiw, Notice-to-Proceed (NTP) In accordance with Project Schedule 120 Days 390 Days 180 Days In accordance with Construction Schedule ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. JUL 2001 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Design of Livingston Road the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSION-ERS FOR COLLIER COUNTY, FLOR.IDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: By: Dwight E. Brock, Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Assistant 'd~n/t~; Attorb,, ey Wimess '" C/' Witness Hole Montes, Inc. By: Robert L. M_u_/~.-E~, Senior Vice-l~ident (CORPORATE S E~a3_,) JUL 3 1 200~ HOLE MONTES 6202-F Pres~dent~al Court Fort Myers, Florida 33919 - Phone 941 985 1200 Fax: 941.9851259 EXHIBIT A June 29, 2001 Mr. Dale A. Bathon, P.E. Collier County TE & CMD 2675 South Horseshoe Drive Suite 401 Naples, FL 34104 RE: LIVINGSTON ROAD FOUR LANING NORTH-SOUTH ALIGNMENT COLLIER COUNTY PROJECT NO. 65041 PURCHASE ORDER NO. 101622 PROPOSED SUPPLEMENTAL AGREEMENT HM FILE NO. 2000.085-0001 Dear Mr. Bathon: In accordance with discussions and direction from Collier County, Hole Montes, Inc. (HM) is requesting approval of a supplemental agreement to provide additional services for the referenced project. These services are described below and in the attachments included with this letter. ADDITIONAL SERVICES - TASKS Six Lane Design - The original scope and fee that was approved for the design of the project (Supplemental Agreement No. 10) was based on providing design plans for four laning the north-south alignment of Livingston Road (now Livingston Parkway) from Immokalee Road to the Lee County line (3.2 miles). During the initial design phase (30%) of the project, Collier County requested that the design of the roadway from Immokalee Road to the future east/west intersection (2.2 miles) be revised to a six lane project. This request required that typical sections, inside alignment, median openings and drainage facilities on the inside curb line needed to be revised to accommodate the six lane constructiGn. The engineering services to revise the design from four lanes to six lanes will be provided in accordance with the standards and criteria established in Supplemental Agreement No. 10. Piper Boulevard Extension - The original scope and fee for the project included the relocation of the Piper Boulevard intersection with Livingston Road from its present location to a new location, approximately 750 feet to the north, directly opposite Carlton Lakes Boulevard South. It is now proposed to extend Piper Boulevard an additional 3,300 feet and connect to Livingston Road directly opposite Carlton Lakes Boulevard North. This extension of Piper Boulevard will allow a full access median opening on Livingston Road. Subtasks for the design for this extension of Piper Boulevard will include an engineering survey, a geotechnical investigation, an environmental survey of the proposed alignment, roadway design, signing and pavement marking and additional i lb ~ vt%% I surface water management and environmental permitting. The engineer ~ ~~[~1 revise the design from four lanes to six lanes will be provided in accon a~ftth"l?fe j standards and criteria established in Supplemental Agreement No. 10. I JUL 3 1 2001 PAGE A1 OF A13 Naples Fort Myers Venice - Englewood Dale Bathon, P.E. June 29, 2001 Page 2 Water Level Monitorinq - Special Condition 4(a) of the U.S. Army Corps of Engineers Permit 199001402(IP-CC) requires that water level monitoring be conducted in the area of the control structures installed along 43r~ Avenue NW (Shady Hollow Road) as part of the mitigation for this project. The permit condition requires that the water level monitoring be conducted over the course of a year with an annual report of the water level monitoring to be submitted to the USACOE. A detailed scope and cost for this effort is provided in the attached letter from Kevin L. Erwin Consulting Ecologist, Inc. to Hole Montes, Inc., dated January 5, 2001 (Attachment 1). Ri.qht-of-Way-Mappin.q from Old 41 to U.S. 41 - It is our understanding that Collier County is planning to extend the east-west Livingston Road alignment from its originally planned termination at Old 41 to a new connection at U.S. 41, a distance of approximately one quarter mile. In order to facilitate the acquisition of right-of-way for the extension of the east-west corridor to U.S. 41, Collier County has requested right-of- way mapping services for the corridor between Old 41 and U.S. 41. In response to this request, HM proposes to perform the following tasks: o A conceptual alignment and geometric design including requirements for turn lanes of the intersection of Old 41 with the east-west alignment of Livingston Road to determine the right-of-way implications to the parcels in the four quadrants of the future intersection. o Research, obtain and review ownership and encumbrance (easement only) reports (O&E's) for parcels that may be affected by the corridor and intersection alignment (Assume 6 parcels). o Preparation of a right-of-way map for the. east-west Livingston Road corridor between Old 41 and U.S. 41 through Sections 9, 10, 15 and 16, Township 48 South, Range 25 East. The proposed right-of-way alignment will be a continuation of the previously determined right-of-way alignment and width for the corridor east of Old 41. However, this proposed new right-of-way map will be a stand alone right of-way map, separate and apart the right-of-way map prepared for the east-west alignment that is located east of Old 41. o Preparation of parcel take legal descriptions and accompanying sketches (Assume 6 parcels). o Parcel surveys (Assume 6 parcels). o Preparation of right-of-way survey sketch (Assume 6 parcels and that right-of- way map has been prepared as a prerequisite). Two Lane Construction Phase Services - Task Amount Reallocation - Hole Montes provided contract administration services for construction of the two lane Livingston Road and construction of a county water line and county force main along the roadway corridor. These services were authorized under Supplemental Agreement No. 9. The roadway construction included both Segment A (Immokalee Road to the Mediterra entrance and Segment B (Mediterra entrance to the Lee County line). In order to continue CEI services for Segment B of the roadway upon resumption of construction of that segment and to distribute the costs to be in proportion to the CEI effort performed for the Segment A roadway, water line and force main, we are requesting that the fees for the individual tasks within Supplemental Agreement No. 9. A further explanation of the proposed redistribution and a summary of current task and proposed task fee amounts are provide I in th~ ~ff~r-h,~a _ letter from Hole Montes, Inc. to Collier County dated January 25, 2001 Attall;l~'ld~O{A2'l~M No. ~'! PAGE A2 OF A13 JUL 312001 Dale Ba~on, P.E. June 29,2001 Page 3 In addition, a four page spreadsheet that shows the individual tasks, current and proposed task amounts total task amount billed to date is enclosed for additional clarification (Attachment 3). The affected tasks, both current and proposed amounts, are shaded on thespreadsheet. Please note that this request does not change the original approved fee amount in Supplemental Agreement No. 9. SUBCONSULTANTS Hole Montes proposes to utilize the firm of Kevin L. Erwin Consulting Ecologist, Inc. to perform the environmental survey and permitting services required of the extension of Piper Boulevard and for the off site water level monitoring requirements of the USACOE Permit Condition 4(a). Hole Montes proposes to utilize the firm of Ardaman and Associates, Inc. to perform the services geotechnical services required for the extension of Piper Boulevard. ADDITIONAL SERVICES Services not specifically included herein will be performed on a time and material basis in accordance with the rate schedule attached to this proposal. Additional services will be performed only as requested and authorized by the County. When such additional services can be identified in advance, Hole Montes will provide an estimated fee and obtain written authorization from the County. SCHEDULE Hole Montes proposes to complete the tasks described above as indicated below. Task Six Lane Design Piper Boulevard Extension Water Level Monitoring Right-of-Way Mapping from Old 41 to U.S. 41 Two Lane Construction Phase Services Days Following NTP In accordance with project schedule 120 days 390 days 180 days In accordance with construction schedule FEES AND COMPENSATION HMA proposes to complete the tasks described herein for a total proposed fee of $82,800. A projected man hour and cost summary is attached which provides a breakdown of each proposed task fee (Attachment 4). All tasks are proposed to be lump sum tasks with the exception of the subtasks entitled Legal Descriptions and Parcel Sketches, Parcel Survey and Sketch of Survey. These tasks are proposed as "per each" tasks. Invoices will be submitted at each month end in an amount proportional to the percentage of actual work completed during the respective billing period for lump sum tasks and on a time and material basis for not to exceed tasks. PAGE A3 OF A13 AGE M JUL 3 1 2001 Dale BaRon, P.E. June 29,2001 Page 4 Thank you for your consideration of this request and we look forward to continuing to provide professional engineering services for the project. If you have any questions or require any additional information, please call. Very truly yours, HOLE MONTES, INC~,~ o ,.~ WALTER F. GILCHER, JR., P.E.'~/ Manager- Highway Engineering/Associate WFG/dd Attachments cc: R. Murray D. Dowling PAGE A4 OF A13 W:~2000~2000085\0001-Project Administration-Contracts-Agreements\SA11\db0106291tr.doc 2001 L-- Kevin L. Erwin Consulting Ecologist, Inc. Ecologists · Biologists · Computer Scientists January 5, 2001 Mr. Walt Gilcher Hole Montes, Inc. 6202 Presidential Court, Suite F Fort Myers, FL 33907 JAN I1 2~R1 Re: Proposal to Provide Environmental Consulting Services Livingston Road Water Level Monitoring Dear Mr. Gilcher: Kevin L. Erwin Consulting Ecologist, Inc. (KLECE) has been monitoring water levels for the Livingston Road Project as required by Special Condition 4a of U.S. Army Corps of Engineers (COE) Permit 199001402(IP-CC). Our previous scope of work was to conduct water level monitoring of the two shallow wells and staff gauges within the two main outfall ditches for one year, and to produce a summary report. The initial scope of work was completed in July 2000 with the submittal of a hydrological summary report to the COE. The last hydrological monitoring was conducted on May 25, 2000. Water level monitoring is intended to record effects of control structures on site hydrology. The COE permit requires that water levels be monitored to show an increase in hydroperiod and the COE approved monitoring plan includes monitoring twice a month in the wet season (June-October) and monthly during the dry season (November-May). Control structures for this project were installed in July 2000 but have not yet been formally accepted by the South Florida Water Management District (SFWMD). Currently no hydrological monitoring is being conducted at this site. This scope of services is to provide monitoring of the two shallow wells and two staff gauge locations for a period of one year and produce a letter repbrt to summarize the data. Monitoring will be initiated upon acceptance of the water control structures by the SFWMD. The scope of services, deliverables, and opinion of probable cost for these items is provided below. - Work Scope: KLECE will monitor the two shallow wells and the four staff gauges (located in the two outfall ditches) for a period of one year. Monitoring will be conducted twice a month June through October and will be conducted monthly November through May. Hydrological data collected during monitoring will be entered into an Excel spreadsheet and a summary report will be produced that describes water level patterns for the period of monitoring and how those patters relate to pre-restoration levels. Deliverables: · 17 monitoring events · Summary report, including data tables PAGE A5 OF Al3 JUL 3 1:2001 2077 Bayside Parkway · Fort Myers, Florida 33901 · 941-337-1505 ° FAX 941-337-5983 Mr. Walt Gilcher January 5, 2001 Page 2 Opinion of Probable Cost: The Opinion of Probable Cost to complete this task is four thousand five hundred seventy dollars ($4,570.00). This cost is based upon initiating the monitoring prior to July 2001. Breakdown of Man-hours: Principal Ecologist Ecologist II Ecologist I CAD Technician Tech. II/Admin. Clerical Expenses: $125.00/hr. x 1 hrs. = $125.00 80.00/hr. x 10 hrs. = 800.00 65.00/hr. x 43 hrs. - 2,795.00 50.00/hr. x 2 hrs. = 100.00 50.00/hr. x 1 hrs. = 50.00 30.00/hr. x 6 hrs. - 150.00 Subtotal = $4,020.00 = $55o.0o TOTAL = $4,570.00 Invoicing will be monthly on a time and acceptable please execute and return. Sincerely, Kevin L. Erwin Consulting Ecologist, Inc. L'/Ke/vin L. E rw'Lin '~ President/Principal Ecologist 08/ Enclosures material basis. Should this proposal be Accepted This By Day of Title PAGE A6 OF Al3 ,2001 AGENDA~TEM No. JUL 3 Z001 HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 6202-F Presidential Court · Fort Myers, Florida 33919 Phone: 941.985.1200 - Fax: 941.985.1259 January 25,2001 Mr. Mitch Riley, P.E. Collier County TE & CMD Building D 2201 E Tamiami Trail Naples, FL 34412 RE: Livingston Road, Phase I & II Collier County 65041 HM Project No.: 85.31A-1702-10 VIA FAX & MAIL Dear Mr. Riley: Pursuant to our request, attached is a Spreadsheet Summary of Current vs. Requested re-allocation of Task 17 fees for the referenced project. Our original proposal to Collier County was presented as an inclusive Roadway and Utility project, with total fees for the combined efforts. Before project schedules were known, we were asked to break down each subtask into roadway, waterline and forcemain fees, which represents the column "Current Task Amount". As the spreadsheet would indicate, we overestimated some subtasks while underestimating others. The over and under estimated tasks have been shaded on the spreadsheet, while the third column represents "Total Fee to Date" (through 12129/00). Project subtasks, which were overestimated, include: 1. Materials/Quality Assurance Testing for road, waterline and forcemain construction. 2. Resident Project Representative for waterline and forcemain construction. Project subtasks, which were underestimated include: 1. Site Visits (Engineer) for roadway construction. 2. Resident Project Representative for roadway construction. 3. Clarifications for roadway construction. 4. Record Drawings/Certification for roadway construction. 5. Out of Pocket Expenses for roadway construction. PAGE A7 OF A13 JUL 5 1 ~01 Po. / Naples. Fort Myers. Venice. Englewood Mitch Riley 1/25/2001 Page 2 The underestimations may again be attributed to the actual construction interruption to the construction schedule, unanticipated coordination with developers and ongoing project issues such as Certifications. schedule, adjacent Hole Montes, Inc. is proposing the re-allocation of fees under the second column of the spreadsheet titled "Proposed Task Amount". Please note that the contract total, with our revisions, remains the same for Supplemental Authorization Number 9. We trust this letter and spreadsheet provides the clarifications you need. If you have any questions, please do hesitate to call. Very truly yours, HOLE MONTES, INC. DARRELL G. HARTLEY, Contract Admin istrator/Associate DGH/dd C,C. Walt Gilcher Darrell Hadley- PAGE A8 OF Al3 JUL 3 1 2001 W:\1985\198503 l~A\Dgh\mr010124Itt.doc PO No 101622 (S/A Nos 8, 9 & 10) N.Naples Roadway MSTU 1/25/2OOl Co Proj No 65041 } (AKA Livingston Rd Impr) ,~ XT~K::/'/~/~ &/~'' ~' PROPOSED TASK AMOUNT RE-ALLOCA:,. ~1~1 ("/=~,~::~ ~:~ .~ O ~'° ~.~ CURRENT TASK PROPOSED TASK ~OTAL FEE TO TA~KNo, CEI'SERVICES - SEGMENT A & B TWO LANE ROADWAY CONSTRUCTION (WA NO. 9) AMOUNT AMOUNT DATE (12/2~0~) t7.01 PRE-CONSTRUCTION CONFERENCE (ES) ]$ 1.170.00 I $ 1,170.00 $ 1,170.00 17.02 SITE VISITS (ENGINEER)(LS) __ ~~~.~ , 29,130.00 t7.08 RESIDENT PROJECT REPRESENTATIVE (TM) /~~ $ 148,750.0~ 17.04 SHOP DRAWING REVIEW (La) $ 15,950.005 15,950.00 $ ,5,950.00 17.05 CLARIFICATIONS (TM) t7.07 tSEMI-FINAL AND FINAL INSPECTION (LS) 5.0 2,465.00 $ 2,15~.M 17.08 RECORD DRAVVlNG/CE:~TIFICATIONS (LS) il. ' ii ~, ~ , $ 11,232JX3 17.09 WARRANTY INSPECTION (TM) $ OUT OF POCKET EXPENSES ~~~'~ '" ~ · $ 6,300.00 ,OTAL-TASK17.0O-ROADWAY,S/AN0.', ~ ~ ~ ~ ~ $ 2",--" CURRENT TASK PROPOSED TASK TOTAL FEE TO TASK CEI SERVICES - SEGMENTS A, B & C WATER MAIN CONSTRUCTION (S/A NO. 9) AMOUNT AMOUNT DATE NO. .. 17.01 I PRE-CONSTRUCTION CONFERENCE (LS) $ 270.00 $ 270.00 $ 270.00 17.02S,TE VIS,TS (E.G,.EER)(LS, I' Z..0. 0 15 3.550.00 S 17.03RESIDENT PROJECT REPRESENTATIVE (TM)~,~. ~ ,~., ~ ~ . it $ 17,738.75 17.04 SHOP DRAWING REVIEW (LS) ~ 2,205.00 $ 2,205.00 $ 2,205.00 17.05 CLARIFICATIONS (TM) 5,650.00 5,650.00 { $ 5,650,0O 17.06 MATERIALS/QUALITY ASSURANCE TESTING SERVICES (TM) ;:; i 17.01 I SEMI-FINAL AND FINAL INSPECTION (LS) $ 285.00 $ 285.00 $ 285.00 17.08 jRECORD DRAWING/CERTIFICATIONS (LS) / $ 2,535.00 $ 2,535.00 $ 2,535.0O 11.09 !WARRANTY INSPECTION (TM) I $ 240.00 J $ 240.00 $ --~-0- i~ 12500o S ~, 125000/ UT OF POCKET EXPENSESt , i,,~i ~,' .... ~ .... ~i i $ 1,250.0O iTOT^L - TASK 17.00- WATER ~,. (S/A .0.9) CEI SERVICES CURRENT TASK PROPOSED TASK TOTAL FEE TO TASKNo. - SEGMENTS A, B & C FORCE MAIN CONSTRUCTION (S/A NO. 9) AMOUNT AMOUNT DATE (12J29/00) 17.01 :PRE-CONSTRUCTION CONFERENCE (LS) $ 220.00 $ 220.00 I $ 220.0O 17.02 SITE VISITS (ENGINEER)(LS) I$ 2,510.00 $ 2,~10.00 ! $ 2,610.0O 17.03 !RESIDENT PROJECT REPRESENTATIVE (TM} 17.05 CLARIFICATIONS (TM) I$ 3,680.00 $ 3,$80,00 $ 3,680.00' 17.05 MATERIALS/QUALITY ASSURANCE TESTING SERVICES (TM) ~.~,~, 17.07 SEMI-FINAL AND FINAL INSPECTION (LS) I $ 370.00 ,~ $ 370.00 $ 370.00 ' 17.08 !RECORD DRAWING/CERTIFICATIONS (LS) I$ 1,775.00 $ 1.7750O $ 1,775,00 ~ ~-$$ 95000 $ ~ 85000 I 17.0g ::WARRANTY INSPECTION (TM) 285.00 $ 255.00 $ -- iOUT OF POCKET EXPENSES . . '~ i :,: :: ~ ~!: :L? ;~ 05.,35 28,920.36 ',TOTAL-TASK 17.00 ' FORCE MAIN (SIA NO. 9) ~i,~' ~';;: ~:,~: :'.l $ TASK i ENVIRONMENTAL SERVICES (SIA NO. 9) CURRENT TASK i PROPOSED TASK I TOTAL FEE TO , DATE (1 NO. I AMOUNT AMOUNT____ 18.01 ' ONSITE EXOTIC SPECIES CONTROL (TM) i$ e.38o.0o S e,380.00 $ 439.70 TM - 18.02 PRESERVE SUPPLEMENTAL PLANTING (TM) N S 6,330.00 $ 6,330.00 $ 18.03 diGOPHER TORTOISE RELOCATION (TM) .,~,,~1111 3 ~ 21~- tIS 5,430.00 $ 5,430.00 i $ -- TOTAL- TASK 18.00 (SIA NO, 9) $ 20,140.00 t $ 20,140.00 i $ , 430.70 $ 422,2,9.00 $ .2,.8.00 IF CONTRACT TOTAL (SIA No, 9) p? ; PROGREP29-01229PROPOSED01-23-01.xls Page I of 1 PAGE A9 OF A13 PAGE AIO OF A13 0 o PAGE All OF A13 PAGE AZ2 OF A13 x . g ~ PAGE A13 OF A13 U.I Z Z ~= ~ o o o Zn~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID g01-3246 FOR THE PURCHASE AND DELIVERY OF PINE STRAW MULCH TO CENTRAL FLORIDA MULCHES. OBJECTIVE: To award Bid g01-3246 for the Purchase and Delivery of Pine Straw Mulch to Central Florida Mulches. CONSIDERATIONS: On June 6, 2001, invitations to bid were sent to sixty-three (63) vendors. The Bid opening was held on June 20, 2001, two (2) proposals were received. Staff has reviewed the proposals and finds the lowest Bidder to be Central Florida Mulches. The proposal from this low Bidder meets all specifications of the Bid; therefore, staff recommends that Bid g01-3246 be awarded to Central Florida Mulches.  ¥FISCAL IMPACT: The Fiscal Impact for Bid g01-3246 is $40,500.00 with funds available in Pelican Bay Services proposed Fiscal Year 01/02 Budget. GROWTH MANAGEMENT 1MPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid g01-3246 for the Purchase and Delivery of Pine Strpw Mulch to Central Florida Mulches. PREPARED BY: ??LE ~ DATE: ~, P. y epartment Director ~ ?//7: 1.. DATE: Trans~rt ~a~/ ~p~ ~tion APPROVED BY: Norfi~a~ Feder, AI~P, Administrator Transportation Division DATE: JUL 3 200! EXECUTIVE SUMMARY APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH WILSON MILLER FOR THE VANDERBILT AREA CORRIDOR STUDY (RFP #01-3227). OBJECTIVE: Obtain Board's approval of the Consulting Services Agreement with Wilson Miller in the negotiated contract amount of $285,725. CONSIDERATIONS: On March 28, 2001 the County requested proposals (RFP g01-3227) from firms that were interested in providing Consultant Services for two (2) separate Planning Corridor studies. The short list of firms for the Vanderbilt Area Corridor Study was approved by the Board on May 22, 2001. This study will evaluate the transportation impacts in the Vanderbilt Area bounded by Vanderbilt Drive, 111x" Avenue North, Old US 41 and the Lee County line. The contract length is one year and the study includes substantial public input into the alternatives.  FISCAL IMPACT: A budget amendment is needed to transfer $285,725 from the gas tax reserve fUnd. Source of funds are gas taxes. ,~c~e~ t/v,: ¢~5o'71. GROWTH MANAGEMENT IMPACT: The Vanderbilt Area Corridor Study is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the proposed professional services agreement with Wilson Miller in the .amount of $285,725, and approve the necessary budget amendment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: &/~,~,*.& ~ 5. ~,~., Date: Don Scott, AICP, Principal Planner Transportation Planning Department /~/~-'~ ~J~ Date: l~aWn Wol~, D~ector TranSportation Plannin~pa~ment Steve ~arnell, D'~rector Purcha ' g Department m~)r4an Feder, AICP, Administrator Tran'sportation Services Division Date: Date: EXECUTIVE SUMMARY APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH TBE GROUP, INC. FOR THE NORTH-SOUTH PLANNING CORRIDOR STUDY (RFP #01-3227). OBJECTIVE: Obtain Board's approval of the Consulting Services Agreement with TBE Group Inc. in the negotiated contract amount of $293,955. CONSIDERATIONS: On March 28, 2001 the County requested propos',ds (RFP g01-3227) from firms that were interested in providing Consultant Services for two (2) separate Planning Corridor studies. The short list of firms for the North-South Corridor Study was approved by the Board on May 22, 2001. The North-South Corridor Study will evaluate alignments for an additional north-south roadway between Radio Road and Davis Boulevard. The contract length is one year and the study includes substantial public input into the alternatives. c~FISCAL IMPACT: A budget amendment is needed to transfer $293,955 from the gas tax reserve ~ ~ ~'oour~e ~'~ f-'~nds are gas taxes. GROWTH MANAGEMENT IMPACT: The North-South Corridor Study is consistent with the Transportation Element of the Growth Management Plan. £r~ecf ~o, [,OI Gq. RECOMMENDATION: That the Board of County Commissioners approve the proposed professional services agreement with TBE Group, Inc. in the amount of $293,955, and approve the necessary budget amendment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~_//0;, ,~1 Date: Don Scott, AICP, Principal Planner Transportation P~Department _~~.~ Date: Daw~ Wolfe, D3ve/cto~ "/' TransportatioF~Plannin~Department - ~:'~ Date: Steve Carnell, ~r~ctor"' c¢' ~ing ~ep~ment ate: ~o~an Feder, AICP, Administrator T~nspo~ation Services Division AGEND,~. ITEM 3UL 3! 20111 1 Pg. ; EXECUTIVE SUMMARY APPROVE WORK ORDER NO. BRC-FT-01-08 WITH BETTER ROADS, INC. FOR SIDEWALK IMPROVEMENTS ON DONNA STREET, PROJECT No. 60025 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # BRC- FT-01-08 for the sidewalk improvements on Donna Street. CONSIDERATIONS: Sidewalk improvements on Donna Street consists of constructing a sidewalk on the east side of Donna Street from North Road to Radio and the re-alignment of Donna Street at Gail Boulevard intersection. This Work Order utilizes the Annual Contract for Roadway Contracts, Contract #98-2905. TwO proposals were received as follows: APAC-Florida, Inc NO BID Better Roadsi Inc. $104,673.45 Bonness, Inc. $112,716.22  'FISCAL IMPACT: Funds in the amount of $104,673.45 are budgeted in the Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the Transportation Operations Director to approve Work Order BRC-FT-01-08 on behalf of the Board. SUBMITTED BY: REVIEWED BY: APPROVED BY: C Julio Tr Transp ~s Department Administrator Tran: ~ortation Division Date: ~,/Z ~'/c~ ! Date Attachment: Work Order #BRC-FT-01-08 RJH:jfo No. [[11.5 ~ .JUL 3 1 2001 BETTER ROADS INC 119 P01 JUN 18 '01 15:36 BETTER ROADS INC. P.O, BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 QUOTE 06/18/01 :'~ t 8. Ptl 3: 2;43 PM PROJECT: DONNA STREET SIDEWALKS BID NO.: 01148 LOCATION: DONNA STREET AND NORTH ROAD I' 1 ITEM DESCRIPTION NUMBER 101-1 102-1 104-13~1 110.1,1 12O-6 160-4 28~701 285-709 331-2 331-72-14 425-11 430-23-021 43O-982-240 43O-984-221 430-984-225 515-1-2 520-2.,-4 521-I 521-2 530-1 575-1-1 700-4~1 70046-21 708-3 711-7 MOBILIZATION MAINTENANCE OF TRAFFIC STAKED SILT FENCE (TYPE Iii) CLEARING & GRUBBING EMBANKMENT SUBGRADE STAB. TYPE "B" (SHOULDER LIMEROCK BASE INC, BITUM (4" THICK) 10" ASPHALT BASE (ABC~3)INC, BITUM A.C. TYPE S OVERBUILD (VARIES, 3" AVl ASPHALT CONC. TYPE S (1 1/2') MODIFY EXISTING ENDWALL 12" CORRUGATED STEEL PIPE CULVER' MIT. END SECTION (1Z' RCP) (CD) SPECl MIT END SECTION (12" CMP) (CD) MIT END SECTION (18" HCMP) (CD) MOD PIPE HANDRAIL CALUMINUM) (BICYCLE) CONCRETE CURB TYPE GRAVITY WALL (NORTH ROAD) GRAVITY WALL (DONNA STREET) SAND CEMENT RIP RAP SODDING (BAHIA) SIGN ( SINGLE POST) RELOCATE EXIST. SIGN (SINGLE POST) REFLECTIVE PAVEMENT MARKERS REMOVAL OF EXIST. PAVEMENT MARKII QUANTITY 1.00 LS 1,00 LS 335000 LF 0.703 AC 550,00 CY 104.00 SY 1537.00 SY 244,0O SY 41.00 TN 2052.00 SY 1,00 EA 32,00 LF 2.00 EA 2.00 EA 4.00 EA 93.00 LF 85.00 LF 60.00 LF 10.00 LF 1.00 CY 1465.00 SY 13.00 AS 9.00 AS 58.00 EA 1.00 LS Page 1 UNIT AMOUNT $5,59500 $4,$c~,oo $0.95 $11,470.84 $31.50 $11.20 $8.7S $35.50 $115,00 $7.00 $1,34500 $38.85 $753.00 $753,00 $7~3.00 $28, oo $10.65 $95. oo $73,00 $291.50 $1.5o $151 50 $11.50 $4,25 $560. '~ $5,595,00 $4,605.00 $3,182.50 $8,o64 oo $17,325,00 $1,164.80 $10,374.75 $8,662.00 $4,715.00 $14,36400 $1,345. D0 $1,24320 $1,508.00 $1,506.00 $3,012,00 $2,604.00 $905.25 $5,700,00 $730, O0 $291.50 $2,197.50 $1,9~9.5o $103.50 $246.50 JUL 3 1 2001 BETTER ROADS INC 117 P02 JUN 18 '01 15:J? QUOTE BETTER ROADS INC. P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: DONNA STREET SIDEWALKS LOCATION: DONNA STREET AND NORTH ROAD ITEM DESCRIPTION NUMBER 711-35~1 711-35-81 711-35-121 711-35-181 711 - 35-241 711-36-81 TOTAL TRAFFIC STRIPE, SOLID, THERMO (6~/V) TRAFFIC STRIPE, SOLID, THERMO (8'W) TRAFFIC STRIPE, SOLID, THERMO (12'% TRAFFIC, STRIPE, SOLID, THERMO (t8'"¢, TRAFFIC STRIPE, SOLID, THERMO (24'% TRAFFIC STRIPE, SOLID, THERMO (6" Y) CONDITIONS: BID NO.: 06t 18/01 2:43 PM 01148 PLAN I UNITI QUANTITY._ UNIT AMOUNT 3083.00 LF $046 $1,38735 141 00 LF $0.75 $105.75 380.00 LF $1.40 $532.00 45.00 LF $2.15 $96.75 81.00 LF $2.80 $170.80 584,00 LF $0.70 $408 80 $104,673.45 NO PERMITS, FEES, BOND OR TESTING INCLUDED, IF BOND IS REQUIRED ADD 1%. Page 2 JUL 3 1 2001 WORK ORDER # BRC-FY-01-08 "Annual Contract for Roadway Contracts" Contract #98-2905, Dated March 9, 1999 This Work Order is for Roadway Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Donna Street Sidewalk Improvements. The work is specified in the proposal dated June 18, 2001 which is attached hereto and made pan of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #BRC-FT-01-08 is assigned to Better Roads, Inc. ~ As detailed in the attached proposal and the following: Task I - Construct a sidewalk along the east side Donna Street from North Road to Radio Road and along the north side of North Road from Donna Street to Cardinal Street, including the re-alignment of the roadway intersection at Gail Blvd. in accordance with the drawings as prepared by the Transportation Operations Department, Sheets I to 6 dated March 16, 2001. Schedule of Work: Complete work within 60 Calendar Days from receipt of the Notice to Proceed. Compensation: In accordance with the Agreement, the County will compensate the Firm in accordance with negotiated lump sum of $104,673.45 as provided in the attached proposal. Lump Sum $104,673,45 TOTAL FEE ~ 104~673.45 Any change made subsequent to final department approval will be considered an additional service and charged according to an ex~,ecuted Change Order as enumerated in Exhibit D of the Agreement. Pr epared By: ~l~l~+p ~ ~,~_~t~~ e~ ~¢/ , 'g, y Dat Approved By: '- ';~ . ,. ~/' ~' Edward J. Kant, P.~ortation Operations Director D Approved as to Form and ACCEPTED BY: Date: / ,/ ATTE%T: (Corpor~e Secretary) B y: ~., /,.~,_ Joa~'~ohnson, Secretary Iype Name and Title ,,, BETTER ROADS INC. Name of Firm /~sephtM. Restino. Vice President Note: BCC needs to authorize the dollar amount and request that Iq Operations Director to execute the Work Order as part of your Exe{ EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE SIDEWALK EASEMENTS FOR THE CONSTRUCTION OF A SIDEWALK FROM GOLDEN GATE BOULEVARD TO THE GOLDEN GATE MAIN CANAL (PROJECT NO. 60171) OBJECTIVE: To obtain authorization from the Board of County Commissioners to acquire by gift or purchase all rights and interests in real property which are required for the construction and maintenance of a sidewalk from the Golden Gate Estates Branch Library, located at the southeast corner of the intersection of 13th Street SW and Golden Gate Boulevard, to a new bridge which is to be constructed over the Golden Gate Main Canal (approximately one mile). CONSIDERATION: The new bridge over the canal and the new sidewalk will link vehicular and pedestrian traffic from 16th Avenue SW to Golden Gate Boulevard. South of the canal, there is sufficient right-of-way to construct the sidewalk along the east side of 13th Street without the necessity to acquire any additional easements. North of the canal, however, the right-of-way on either side of the paved roadway has recently been improved with over-sized swales to accommodate the run-off of stormwater from Golden Gate Boulevard to the Golden Gate Main Canal. Adoption of the attached Resolution will provide the Board's directive and authorization to staff to acquire the necessary perpetual, non-exclusive sidewalk easements necessary for the construction of the above-referenced sidewalk from the library to the Golden Gate Main Canal. FISCAL IMPACT: The total estimated cost is $60,300. This includes all land and improvements, appraisal fees, title searches, staff overhead and miscellaneous expenses associated with the acquisition of the necessary easements. All expenses will be funded from Road Construction - Gas Tax CIP, Fund 313. GROV*;TH MANAGEMENT IMPACT: The recommendation is consistent with the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most feasible location for the project is more particularly described in Exhibit "A" of the attached Resolutipnw-- AG~Iq3A ITEM J U L ! ?..001 2. Adopt the attached Resolution authorizing the acquisition by gift or purchase of perpetual, non-exclusive sidewalk easements; 3. Authorize the Chairman to execute the attached Resolution; and 4. Approve any and all budget amendments required. SUBMITTED ~/~K ev_in~[, Supe~rviso~ DATE: 7//~/~ ,,,~ ~Propefty ~j~agement Department Charles E.-Chrrington, Jr.,~lS, JW~, Director ----- Real Property Managemeflt ~epartme./tt  >, i1 REVIEWED BY: ~~/?~/~ f~'~ DATE: ~/d/ TET~ :rpdo J}lt' a~ oannt~t~Dp~a~ im° ~n?peratiOns Director Norr/fihn E. Feder, AICP Tr?sportation Administrator AGENDA ITEM No. lt /2.1,. I L_~ L.J J U L 3 1 2001 Pg.. ,.3' RESOLUTION NO. 2001 - A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE SIDEWALK EASEMENTS FOR THE CONSTRUCTION OF A SIDEWALK ALONG THE EAST SIDE OF 13TM STREET SOUTHWEST IN GOLDEN GATE ESTATES UNIT NO. 9, A DISTANCE OF APPROXIMATELY ONE (1) MILE, FROM GOLDEN GATE BOULEVARD TO THE GOLDEN GATE MAIN CANAL. WHEREAS, the Golden Gate Estates branch of the Collier County Public Library is located on the southeast comer of the intersection of 13th Street SW and Golden Gate Boulevard; and WHEREAS, the Board of County Commissioners finds that it is desirable for the County's branch libraries to be accessible to pedestrian traffic; and WHEREAS, the Collier County Transportation Operations Department is designing a bridge over the Golden Gate Main Canal which will link 2 segments of 13th Street SW, allowing vehicular and pedestrian traffic between 16t~ Avenue SW and Golden Gate Boulevard; and WHEREAS, the Board of County Commissioners desires to protect said pedestrian traffic through the construction ora side walk along the east side of 13th Street SW, between 16t~ Avenue SW and Golden Gate Boulevard; and WHEREAS, the design and construction of said sidewalk has been determined by the Board to be necessary and in the best interest of Collier County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the construction and maintenance ora sidewalk along the east side of 13th Street SW between 16th Avenue SW and Golden Gate Boulevard is necessary and is in the best interest of Collier County. 2. The acquis'.tion by gift or purchase of those perpetual, non-exclusive siacwaik easements across the properties identified on Exhibit "A" is both necessary and consistent with the project requirements, in order to permit the construction and maintenance of said sidewalk, and County Staff is hereby authorized and directed to acquire said easements by gift or purchase. 3. The Board further directs staffto use appraisal reports or internal compensation estimates as staffdetermines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 4. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price ufthe parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 5. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attomey, to remove the lien of any encumbrance and for any such other purpose as may be required. 6. In those instances where negotiated purchases may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Transportation Operations Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 7. That the authority to negotiate purchases as set forth herein is granted by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. -Page 2- AGENDA ITEM JUL 3 1 2001 Pg. ~ 8. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County and as contemplated by Paragraph 6 above. 9. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those agreements, conveyance instruments, or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 10. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staffis hereby authorized to record in the Public Records of Collier County, Florida, said conveyances, instruments as may be required to remove the lien of any encumbrance from the acquired properties, and all other instruments which the County Attorney's Office deems appropriate for recording. THIS RESOLUTION ADOPTED on this __ day of ., 2001, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK By: Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and Ellen T. Chadwell Assistant County Attorney -Page 3- AGEr',,D L ITEM N°'--t-U-fb JUL 3 1 2081 Pg._ ~ I/ GOLDEN OATiE BOULEVARD EMS .i 54 55 56 LIBRARY FIRE STATION EXHIBIT 57 GOLDEN GATE UNIT No. ESTATES 9 W W 58 59 60 61 62 63 64 65 66 PROPOSED 1 O' EASEMENT (SEE TYPICAL SIDEWALK CROSS SECTION) PROPOSED BRIDGE GOLDEN GATE MAIN CANAL 67 68 AGEf'~O t~. iTEM J u L 31 1.001 JUL 2001 Pg. RESOLUTION NO. 2001 - A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF 6 PERPETUAL, NON-EXCLUSIVE SIDEWALK EASEMENTS FOR THE 7 CONSTRUCTION OF A SIDEWALK ALONG THE EAST SIDE OF 13TM STREET 8 SOUTHWEST IN GOLDEN GATE ESTATES UNIT NO. 9, A DISTANCE OF 9 APPROXIMATELY ONE (1) MH.E~ FROM GOLDEN GATE BOULEVARD TO THE 10 GOLDEN GATE MAIN CANAL. 11 12 'W~$~EREAS, the Golden Gate Estates branch of the Collier County Public Library is located on 13 ' the southeast corner of the intersection of 13th Street SW and Golden Gate Boulevard; and 14 ~[I-]~,REAS, the Board of County Commissioners finds that it is desirable for the County's 15 branch libraries to be accessible to pedestrian traffic; and 16 WHEREAS, the Collier County Transportation Operations Department is designing a bridge 17 over the Golden Gate Main Canal which will link 2 segments of 13t~ Street SW, allowing vehicular and 18 pedestrian traffic between 16t~ Avenue SW and Golden Gate Boulevard', and 19 WHEREAS, the Board of County Commissioners desires to protect said pedestrian traffic 20 through the construction of a sidewalk along the east side of 13t~ Street SW, between 16m Avenue SW 21 and Golden Gate Boulevard; and 22 WHEREAS, the design and construction of said sidewalk has been determined by the Board to 23 be necessary and in the best interest of Collier County; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 25 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 26 1. The Board has determined that thc construction and maintenance of a sidewalk along the east 27 side of 13th Street SW between 16th Avenue SW and Golden Gate Boulevard is necessary and 28 is in the best interest of Collier County. 29 2. The acquisition by girl or purchase of those perpetual, non-exclusive sidewalk easements 3O across the properties identified on Exhibit "A" is both necessary and consistent with the project 31 requirements, in order to permit the construction and maintenance of said sidewalk, and County 32 Staff is hereby authorized and directed to acquire said easements by gift or purchase. 33 3. The Board further directs staff to use appraisal reports or internal compensation estimates as 34 staff determines is necessary to best serve the needs of the Project in a timely and cost-effective 35 manner. 36 4. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby 37 formally waives the requirement for a formal, independent appraisal report for the purchase of 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 65 66 67 a properly where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 5. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective properly owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems approphate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 6. In those instances where negotiated purchases may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Transportation Operations Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 00/i00 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 7. That the authority to negotiate purchases as set forth herein is granted by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. -Page 2- JUL 3'1 2001 . 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 68 8. The Chairman of the Board is hereby authorized to execute Easement Agreements and 69 Purchase Agreements where the land owner has agreed to sell the required land rights to the 70 County at its appraised value or at that amount considered the "Administrative Settlement 71 Amount" as such term is internally used by the administrative agencies of Collier County and 72 as contemplated by Paragraph 6 above.. 73 9. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or 74 "Easement Agreement"), to convey a necessary interest in real property to the County, and 75 upon the proper execution by the property owner of those agreements, conveyance instruments, 76 or such other legal documents as the Office of the County Attorney may require, the Board 77 hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) 78 of record, in those amounts as shall be specified on a closing statement and which shall be 79 based upon the appraisal or staff compensation estimate in accordance with this Resolution and 80 the provisions of Section 125.355, Florida Statutes. 81 10. All title to properties or interests in properties which have been obtained in the manner 82 described above shall be deemed "accepted" by the Board of County Commissioners, as the 83 governing body of Collier County, Florida, a political subdivision of the State of Florida, and as 84 such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said 85 conveyances, instruments as may be required to remove the lien of any encumbrance from the 86 acquired properties, and all other instruments which the County Attorney's Office deems 87 appropriate for recording. THIS RESOLUTION ADOPTED on this __ day of ,2001, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN -Page 3- I JUL 3 1 2001 ecl EXECUTIVE SUMMARY APPROVE DEVELOPER CONTRIBUTION AGREEMENT WITH FIRST BAPTIST CHURCH FOR ROAD IMPACT CREDITS SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT IMPOSED BY THE COUNTY OBJECTIVE: To obtain Board approval of a developer contribution agreement with First Baptist Church of Naples, Inc. for road impact fee credits and cash equal to the actual cost of construction, however not to exceed 20% more than the current certified probable costs of the construction of a portion of Orange Blossom Drive in Collier County. CONSIDERATION: The First Baptist Church of Naples, Inc. has constructed a portion of Orange Blossom Drive between Livingston Road and Airport Road and the Collier County Transportation Division wishes to accept the road .under certain conditions. Once these conditions are met, the Transportation Division has agreed to recommend the issuance of road impact fee credits and cash equal to the actual cost of construction, provided actual costs do not exceed 20% more than the current estimate of probable costs that have been prepared by a professional engineer and approved by County staff. The developer shall receive impact fee credits and some cash for the construction of the road only upon its full acceptance by the County. Currently only a portion of the roadway has been accepted by the County, and only that portion, upon completion of satisfactory construction of Orange Blossom Drive, will. be immediately eligible for road impact fee credits. The remaining portion of the road will be eligible for credits upon its completion. The Church will receive $231,641.78 in cash and the remainder of $436,415.03 in road impact fee credits upon completion of the construction of Orange Blossom Drive and acceptance of that roadway by the County. Approval is requested subject to the prerequisite that no impact fee credits will issue until all conditions of the developer contribution agreement have been satisfied, including removal of all liens and encumbrances against the property and release of an old drainage easement from the Livingston Road Right-of-way. The developer will retain drainage easements for storm water in the Bridgewater Bay portion of the Livingston Road right-of-way and shall have sole responsibility for its maintenance. FISCAL IMPACT: The cash portion will come out of the Road Impact Fee District One fm~d for improvements that were constructed by the developer that would otherwise would have be~n, expended for the same improvements on the Airport Road widening Project. AG.END) JUL 3 1 2001 _/ GROWTH MANAGEMENT: Growth Management is not affected. RECOMMENDATION: That the Board developer contribution agreement with conditions. Prepared by: J~quel0he Hubbard Robinson, A~sistant County Attorney of County Commissioners approve the Date: ~ ~, Zoo! Revi¢ t / ~No~ 6~and Apj~j'ov,,ed by: ~ Feder, Traxlsportation Administrator Date: H/Jackie/Executive Summary/Resolution/Capital Outlay Fund 2 AGENDA ITEM JUL 3 1 2001 Pg. ~ STANDARD FORM COLLIER COUNTY CONTR/BUTION AGREEMENT FOR FIRST BAPTIST CHURCH OF NAPLES, INC. FOR ROAD IMPACT FEE CREDITS No: 2001 -003 -TR - First Baptist Church THIS CONTRIBUTION AGREEMENT is made and entered into this of , 2001, by and between The First Baptist Church of Naples, Inc., a Florida corporation duly organized and authorized to conduct business in the State of Florida, hereinafter referred to as "Developer," by and through Robert D. Caudill, President, who has been duly authorized to execute this Contribution Agreement for Road Impact fee Credits and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COIJIER COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for the contribution of off-site improvements to the County's transportation network; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit "A" (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge that the value of eligible anticipated construction .to the County's transportation network is based upon professional opinions of total project probable costs certified by a Professional Engineer attached hereto a Exhibit "B"; and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed twenty (20) per cent of the estimated probable costs; and WHEREAS, the term "road impact construction lands" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the contribution, (the "Proposed Plan"), is in conformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to contribute certain off-site improvements as described herein and in Exhibit "C" which are composed of, among other things, facilities that are required to be made pursuant to a development order or voluntarily made in con] road impact construction. JUL 3 1 2001. PS. WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the road construction standards and procedures of the County and shall be first approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, Developer acknowledges and agrees that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to convey the contribution or land donation to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare thi's Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportati'on system; Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest. WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement, as set forth in Exhibit "C" are consistent with the County's existing comprehensive plan; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: The above recitals are tree and correct and shall be incorporated herein. 1. In exchange for the contribution of the construction of a portion of Orange Drive, identified and contemplated in this Contribution Agreement as set forth in Exl~ Developer shall be entitled to a credit for road impact fees as more particularly describe The Developer shall receive a cash reimbursement of approximately $231,641.78 I herein. ~ pad 3 I 2001 payment of the cost of construction of a portion of Orange Blossom Drive that has been constructed on land owned by the County and subject to this Agreement. 2. Impact fee credits shall be issued to the Developer for the balance of the estimated construction costs for Orange Blossom Drive_in two phases~ subject to the limitations herein: a. Phase 1-A refers to the construction that has occurred on land owned by the County at the time of the execution of this agreement; b. Phase 1-B refers to road construction that has occurred on the portion of Orange Blossom Drive that has not been conveyed to the County at the Time of the execution of this Contribution Agreement. 3. The disbursements as set forth in paragraphs one and two are subject to the prior satisfactorY receipt of all necessary documents of conveyance as determined by the County Attorney and any other conditions herein. 4. The amount of cash reimbursement and credit from road impact fees shall be determined according to the following standards of valuation: In the case of contributions of construction or installation of improvements, the value of Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. An initial professional opinion of probable construction costs for the construction and a time schedule for completion of the Proposed Plan, prepared by a professional architect or engineer, is attached hereto as Exhibit "B", A narrative description of the contribution that is the subject of this Agreement is attached hereto as Exhibit "C", d. A graphic depiction of the conveyances is attached hereto as Exhibit C-1 The Right-of-Way containing the improvements contemplated herein shall be conveyed to the County in fee or in a form acceptable to the County Attorney. 5. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution unless agreed to by the County. 6. The credit for road impact fees identified herein shall run with the subject Road Impact Construction Lands, as described in Exhibit "A" and shall be reduced by the enti~e ~~1" ,n I-. each road impact fee due on the first building permit issued thereon and each succe~siv~l~'-'i'l ~dl~ 74 ~)~ permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a credit is available, each time a building permit is applied for. If a credit is available, it shall be deducted from the available balance. All credits shall be freely assignable throughout the road impact fee construction lands within Road Impact Fee District One as set forth in the area described in Exhibit "D". 7. If more than one developer's parcel is to benefit from the impact fee credits under the Agreement, then Exhibit "A" shall describe each parcel and identify the owner thereof and shall assign and describe the proportion and/or initial dollar amount of the total credit available to each parcel. In such circumstance, the credit available to each parcel shall be reduced by the entire amount of the road impact fees due on the first building permit issued on each respective parcel and each successive building permit issued thereon until each respective parcel is completely developed or the respective credit amounts available are exhausted for each parcel or otherwise no longer available. As well, and in all other respects relative to determining available credit or reimbursement under this Agreement, each parcel shall be treated in a manner proportionate to the credit available to it as indicated in Exhibit "A." 8. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County after the developer has been notified of the default and has been given an opportunity to respond. 9. The duration or availability of credits pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date of substantial completion of the approved plan of construction, but in no event shall the availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of this Agreement, the date of substantial completion shall be the date of final acceptance by the County. 10. In the event the amount of contribution pursuant to the approved plan of construction exceeds the total amount of impact fees imposed or used on the subject Road Impact Construction Lands, Developer shall be entitled to the return of the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from road impact fees collected. 11. Developer shall keep or provide for retention of adequate records and supporting documentation that concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. i~O.~J~DA~,~..~ 4 JUL 3 1 2001 & , 12. R is anticipated that Orange Blossom Drive will accepted in two phases. Upon final completion of each phase of the roadway described in Exhibit "C", the County shall inspect the roadway and if that phase is in compliance with the plans approved by the County and if the underlying road right-of-way is acceptable for transfer of title to the County, the County shall accept the road and release road impact fee credits corresponding to the phases of the roadway. 13. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 14. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 15. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 16. The performance and execution of this Contribution Agreement shall be carded out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E", attached hereto and incorporated herein by reference. 17. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 18. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 19. Developer and County agree, by virtue of entering into this agreement, that the contribution is consistent with the Collier County Comprehensive Plan. 20. Developer certifies, by virtue of entering into this agreement, that Developer is the sole owner of the road impact construction lands. An attorney's opinion of title and a statement of Developer's authority to enter into this agreement is provided by Developer and is attached hereto as Composite Exhibit "F". 21. The parties agree, by virtue of entering into this agreement, that the contributed are an integral part of and a necessary accommodation to the 12 network. 5 ,fi-site inlprovements JUL 3 1 2001 22. The off-site improvements, if any, exclude access improvements. 23. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. 24. Developer has provided an attorney's opinion identifying any lienholders having a lien or encumbrance on the donated land or other contribution or provided a certificate of no liens. Said opinion is attached hereto as Composite Exhibit "F". 25. Developer has provided, in Composite Exhibit "F", an attorney's opinion setting forth the legal authority and validity of any business entity utilized by the developer in the execution of this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 26. The parties acknowledge that the donation and/or contribution is characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 27. The parties adopt the approved time schedule for completion of the roadway as set forth in Exhibit "C". 28. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a periOd of five (5) years from the completion of the development. 29. The road impact fee credit granted shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. 30. The County will construct, at its expense, Phase 2 of Orange Blossom Drive at the same time it constructs Livingston Road from Pine Ridge Road to Vanderbilt Beach Road. Phase 2 is that portion of Orange Blossom Drive that commences at the entrance to the Developer's property as set forth in Exhibit "C-I" and terminates at Livingston Road. Developer shall not receive any road impact fee credits for Phase 2 of Orange Blossom Drive. 31. Developer agrees to release, prior to the receipt of any impact fee credits, in a writing suitable for recording and approved by the County Attorney's Office, any and all easements identified in the Drainage and easement Agreement of June 10, 1996 between the Developer and the Stonebumers as recorded in OR: 2193 PG: 2202 as shown in Exhibit "G-I". 32. County shall grant to Developer a drainage easement within the County's Livingston Road Right-of-Way in the location shown in Exhibit "G-2"., AG£blDA IIEM NO. ~ JUL 3 1 2001 6 pg. ~ 33. County will consent to the grant of or retention of a drainage easement to Developer as depicted in Exhibit G-1 for the area depicted the Bridgewater Bay portion of the Livingston Road right-of-way and Developer will vacate a 60 foot wide easement for ingress and egress as depicted in Exhibit "C-1". 34. Developer, its successors and assigns, shall have the sole responsibility for the repairs and maintenance of the drainage system in the easements shown in Exhibits G-1 and G-2, including any repairs to Livingston Road necessitated by this drainage system. 35. Developer, its successors and assigns, shall indemmfy and hold harmless the County from any and all claims or damages resulting from its use of the County's right-of-way and shall maintain, throughout its use of the right-of-ways depicted in G-1 and G-2, liability insurance in the amount required by the County as set forth in Exhibit "E". 36. Any costs for repairs that the Developer fails to make, after notice by the County to do so, that are subsequently made by the County, shall be paid for by the Developer, its successor or assigns. AS TO COUNTY: Attest: Dated: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISIONERS COIJJER COUNTY, FLORIDA, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA By:. By: JAMES D. CARTER, Ph.D., Chairman WITNESSES: FIRST BAPTIST CHURCH OF NAPLES, INC. Signature Print Name: By: Title: Signature Print Name JUL 3 1 2001 Pg. F STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of ,2001 by Robert D. Caudill, President, on behalf of The First Baptist Church of Naples, Inc. He is [ ] personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: J~uelin~ Hugbard Robinson, Assistant County Attorney EXHIBITS TO BE ATTACHED TO AGREEMENT: Exhibit "A" - - Description of Land Exhibit "B" - - Estimate of Probable Costs Exhibit "C" - - Description of the Improvements Exhibit "C-1" - Graphic Rendering Of Road and Easements Exhibit "D" - - Road Impact Fee District One Exhibit "E" Exhibit "F" - - Risk Management Guidelines - - Attorney's Opinion Exhibit "G-I" ---First Baptist Church Drainage Easement Exhibit "G-2" ---County's Easement h/Jackie/Standard Form of Agreements/First Baptist Church A~DA rrl~M JUL 3 1 2001 pg. /~ by: Goodlett e, Coleman, &Johnson, PA 941 4.~5 1218; 06/18/2001 11:37; #71Sl; Page 12/22 PAINT LAND SURVEY tfl~LLINGllJN AT L~E OAK HIT T~lt I~1 17. ~ ~-'~ OF S~f~'TION 1. FOWHSH]P 49 SOUTH. RANCE 25 EAST COLLIER COUA1T)'. FLOR/DA i -- Exhtb£1: A - Description of Land-- JUL 3 1 200! EXHIBIT "B" COST SUMMARY WORK DESCRIPTION Reimbursable Item 1 (Cash Reimbursement) Item 2 (Impact Fee Credit) ENGINEERING $27,001.17 $56,285.80 $83,286.97 CONSTRUCTION $204,640.61 $380,129.23 $584,769.84 TOTAL COST $231,641.78 $436,415.03 $668,056.81 COST ALLOCATION FOR ITEM 2 (IMPACT FEE CREDIT) Total road length = Portion in County R.O.W. = Portion in Church property = 3,903' 2,676 (69%) 1,227 (31%) Applying these percentages, the total cost would be allocated as follows: · Phase lA (in County R.O.W. - 69%) = $460,959.20 · Phase lB (in Church property- 31%) = $207,097.61 TOTAL = $668,056.81 Not Reimbursable Developer's Access Cost $ 4,229.14 $ 28,755.95 $ 32,985.09 W:\1995\1995012\WTC\0107 ! 3 FBCCOSTSUMMARYEXHIBIT'B'.doc EXHIBIT B FIRST BAPTIST CHURCH OF NAPLES - PHASE 1 Engineer's Opinion of Probable Reimbursement Costs HMA- File No. 1995012/O.B.Dr. Item 1 - Offsite Roadway Improvements - Orange Blossom Drive, Phase 1 Original Collier County Scope of Work Sta 50 + 01.97 to Sta. 60 + 00 Description Earthwork. Cleadng and Fence Relocation (fence relocation all in this Phase) Fine Grading (25% of total Road) Fill Sod PavinQ 3' Wide traffic separator 3" Asphalt (Type S-3) 10" Limerock Base 12" Stabilized Subgrade Type "A" Curb Type "F" Curb 6' Concrete Sidewalk Remove Existing Pavement MainL Of Traffic Remove Existing Curb Drainac~e 7' x 6' Box Culvert With Wing Walls Catch Basins (Type P-6) Inlet Type D 14" x 23" ERCP 14" x 23" Mitered End Sections Remove Existing Culvert Rip Rap Quantity Units Unit Cost 1 LS $4,000.00 1 LS $1,250.00 3,812 CY $1.95 24,260 LS $0.15 Earthwork Total 395 LF $9.25 5,250 SY $5.60 5,250 SY $5.70 7,140 SY $0.85 66 LF $6.OO 1,970 LF $5.50 1,818 LF $9.30 2,000 SY $0.50 I LS $8,500.00 146 LF $8.OO Paving Total 120 LF $315.87 2 EA $2,100.00 I EA $2,300.00 93 LF $19.00 2 EA $300.00 1 LS $99.89 200 SY $15.00 Drainage Total 3/8/01 Total $4,000.00 $1~50.00 $7,433.40 $3,639.00 $16,322.40 $3,653.75 $29,400.00 $29,925.00 $6,069.00 $396.00 $10,835.00 $16,907.40 $1,000.00 $8,500.00 $1,168.00 $107,854.15 $37,904.40. $4,2OO.OO $2,300.00 $1,767.00 $600.00 $99.89 $3,000.00 $49,871.29 010709Phase 1-Offsite Roadway ImprovementsEXH.BJteml .xls AGENDA JUL 3 1 2001 Pi[- / ~ Description Quantity Units Unit Cost Total Strioin¢; and Si;Ina[]e 24" Solid White Stop Barn Directional Arrows/Markings 18" Solid White Striping 18" Solid Yellow Striping 6" Solid Double Yellow Striping 6" Solid White Striping 6" Solid Yellow Striping 8" Solid White Striping Signs RPM's Delineator Post 39 LF 26 EA 368 LF 288 LF 675 LF 1,920 LF 800 LF 555 LF 7 EA 188 EA 2 EA $2.20 $40.00 $1.80 $1.8o $o.8o $o.38 $0.40 $0.55 $115.00 $3.25 $60.00 Striping and Signage Total Adjusted Total Add Prime Contractor Overhead Markup ($179,785.29 x 13.825%) Construction Total En_~ineeringlSurvevin_~lFees *Road Design r *Construction Services *Construction Surveying *County Review and Inspection Fees and SFWMD Fees Engineering/Surveying/Fees. Total Prorated portion of Engineering/Surveying/Fees based on adjusted construction total (Total = $90,816.11 less pdvate turn lane deductions -$1,955.07 and -$2,274.07 = $86,586.97) $179,785.29/$513,744.64 x $86,586.97 = Less design of intersection improvements Grand Total for County Reimbursement (Cash) *See attached backup information $85.80 $1,040.00 $662.40 $518.40 $540.00 $729.60 $320.00 $305.25 $805.00 $611.00 $12o.oo $5,737.45 $179,785.29 $24,855.32 $204,640.61 $40,000.00 $15,000.00 $24,000.00 $11,816.11 $90,816.11' $30,301.17 -3,300.00 $27,001.17 $231,641.78 010709Phase 1-Offsite Roadway ImpmvementSEXH.B.Iteml .xls AGENDA rrEM, JUL 3 1 2001 Pg. _ / .'~ _ EXHIBIT B .-FIRST BAPTIST CHURCH OF NAPLES - PHASE 1 Engineer's Opinion of Probable Reimbursement Costs HMA File No. 1995012/O.B.Dr. Item 2 - Offsite Roadway Improvements - Orange Blossom Drive, Phase 1 Entire Project (Sta. 50 + 01.97 to = STA 89 + 50) Description Quantity Units Unit Cost · Earthwork Clearing and Fence Relocation Fine Grading Fill Sod 1 LS $8,000.00 1 LS $5,000.00 19,300 CY $1.95 71,760 LS $0.15 Earthwork Total Paving 3' Wide traffic separator 3" ASphalt (Type S-3) 10" Limerock Base 12" Stabilized Subgrade Type "E" Curb Type "F" Curb Type "A" Curb 6' Concrete Sidewalk Remove Existing Pavement Maint. Of Traffic 395 LF $9.25 15,716 SY $5.60 15,716 SY $5.70 23,626 SY $0.85 252 LF $6.00 8,922 LF $5.50 66 LF $6.00 7,485 LF $9.30 5,200 SY $0.50 I LS $8,500.00 Paving Total Drainaqe 7' x 6' Box Culvert with Wing Walls 15" RCP 18" RCP 24" RCP 30" RCP 36" RCP Catch Basins (Type P-6) Catch Basins (Type A) (CB 1,2,3,4) Inlet Ty~3e D 14" x 23" ERCP 14" x 23" Mitered End Sections 15" Mitered End Sections 24" Mitered End Sections 36" Mitered End Secti¢ Remove Existing Culv Concrete Turnouts Remove Existing 8" V~ Cap Existing 8" W.M. Rip Rap ~ AGENDA ITEM JUL 3 ! 2001 120 LF $315.87 64 LF $16.00 640 LF $18.00 128 LF $25.00 640 LF $33.00 639 LF $44.00 6 EA $2,100.00 4 EA $1,300.00 1 EA $2,300.00 93 LF $19.00 2 EA $300.00 I EA $300.00 1 EA $350.00 1 EA $725.00 1 LS $99.89 7 EA included 465 LF $5.25 I EA $7.35 200 SY $15.00 Drainage Total S:\1995\1995012\wtc\010709Phase 1 '-Offsite Roadway ImprovementsEXH.B.ltem2xls.xls 3i8101 Total $8,000.00 $5,000.00 $37,635.00 $10,764.00 $61,399.00 $3.653.75 $88009.60 $89 581.20 $20 082.10 $1 512.00 $49 071.00 ~396.00 $69,610.50 $2,600.00 $8,500.00 ' $333,016.15 $37,904.40 $1,024.00 $11,520.00 $3,200.00 $21,120.00 $28,116.00 $12,600.00 $5,200.00 $2,300.00 $1,767.00 $600.00 $300.00 $350.00 $725.00 $99.89 included $2,441.25 $735.00 $3,000.00 $133,002.54 1 Description Strinin_a and Si;nacre 24" Solid White Stop Bars Directional Arrows/Markings 18" Solid White Striping 18" Solid Yellow Striping 12" Solid White Striping 6" Solid Double Yellow Striping 6" Solid White Stdping 6" Solid Yellow Striping 8" Solid White Striping 6" Yellow Skip Striping (10' - 30') 6" Yellow Skip Stdping (2' - 4') Signs RPM's Delineator Post Quantity units Unit Cost 83 LF $2.20 38 EA $40.00 1,448 LF $1.80 316 LF $1.80 1,024 LF $0.80 1,035 LF $0.80 7,980 LF $0.38 2,070 LF $0.40 1,710 LF $0.55 1,900 LF $0.15 730 LF $0.20 17 EA $115.00 348 F_A. $3.25 4 EA $60.00 Striping and Signage Total Note: Unadjusted total reflects construction cost prior to deductions for private improvements. Unadjusted Total Deductions for Bridgewater Bay Turn Lane/Entrance (Private improvements) Pavin_a 3" Asphalt (Type S-3) 733 SY $5.60 10" Limerock Base 733 SY $5.70 12" Stabilized Subgrade 733 SY $0.85 Fill 464 CY $1.95 24" Solid White Stop Bar 22 LF $2.20 Directional Arrows/Markings 6 EA $40.00 18" Solid White Striping 265 LF $1.80 12" Solid White Stiping 192 LF $1.80 8" Solid White Striping 367 LF $0.80 Signs 3 EA $115.00 RPM's 18 EA $3.25 Delineator Post 1 EA $60.00 Subtotal Add Prime Contractor Overhead Markup ($11,678.85 x 13.825%) Total ,Total $182.60 $1,520.00 $2,606.40 $568.80 $819.20 $828.00 $3,032.40 $828.0O $940.50 $285.00 $146.00 $1,955.00 $1,131.00 $240.00 $15,082.90 $542,500.59 $4,104.80 $4,178.10 $623.05 $904.80 $48.40 $240.00 $477.00 $345.60 $293.60 $345.00 $58.50 $60.00 $11,678.85 $1,614.60 -$13,293.45 AGENDA. ITr~M NC). ~ JUL 3 1 2001 pg. S:\1995\1995012\wtc\010709Phase 1-Offsite Roadway ImprovementsEXH.B.Item2xls.xls 2 Description Total Quantity Units Unit Cost Deductions for Church Turn Lane/Entrance (Private improvements) Pavin~ 3" Asphalt (Type S-3) 877 SY $5.60 10" Limerock Base 877 SY $5.70 12" Stabilized Subgrade 877 SY $0.85 Fill 556 CY $1.95 24" Solid White Stop Bar 22 LF $2.20 Directional Arrows/Markings 6 EA $40.00 18" Solid White Striping 265 LF $1.80 12" Solid White Striping 148 LF $1.80 8" Solid White Striping 368 LF $0.80 Signs 4 EA $115.00 RPM'S 18 EA $3.25 Subtotal Add Prime Contractor Overhead Markup ($13,584.45 x 13.825%) Add Pdme Contractor Overhead Markup ($513,744.64 x 13.825%) Total Adjusted Total Construction Total $4,911.20 $4,998.9O $745.45 $1,084.20 $48.40 $240.00 $477.OO $266.40 $294.4O $460.00 $58.50 $13,584.45 $1,878.05 -$15,462.50 $513,744.64 $71,025.20 $584,769.84 En gineeringiSurvevin~iFees '*Road Design *Construction Services *Construction Surveying *County Review and Inspection Fees Engineering/Surveying/Fees Subtotal Deduct prorated portion of design, construction services, surveying and county fees for iBridgewater Bay turn lane (Total = $90,816.11 ) $1 i ,678.85/$542,500.59 x $90,816.11 ) 'Deduct prorated portion of design, construction services, surveying and county fees for Church turn lane (Total = $90, 816.11 ) $13,584.45/$542,500.59 x $90,816.11 ) Engineering/Surveying/Fees Total Less design of Intersection Improvements Grand total for County reimbursement (cash and road impact fee credits) Less Item I cash reimbursement amount Total road impact fee credit amount *See attached backup information $40,000.00 $15,000.00 $24,000.00 $11,816.11 $90,816.11 -$1,955.07 -$2,274.07 $86,586.97 -$3,300.00 $83,286.97 $668,056.81 -$231 T641.78 $436,415.03 i~GENDA ITEM~, ~' JUL 3 ! 2001 S:\1995\1995012\wtc\010709Phase 1 ~Offsite Roadway Improvements EXH.~:ltem2xls.xls 3 ..... EXEI. BIT ~C~ FIRST BAPTIST CHURCH Orange Blossom Drive Roadway Improvements and Donation of Right-of-Way for Orange Blossom Drive and Livingston Road Project Location The project is located in Section 1, Township 49 South, Range 25 East. It is located east of Airport Road, approximately three quarters of a mile south of Vanderbilt Beach Road. Narrative Description of the Project The Orange Blossom Drive Roadway Improvements include the construction of a two lane road continuing east from Airport Road approximately three quarters of a mile to the shared project entrance between First Baptist Church & Bridgewater Bay. This comprises Phase 1. Phase 2 will be constructed by Collier County at the same time it constructs Livingston Road from Pine Ridge Road to Vanderbilt Beach Road. Intersection improvements will be made on the east side of the Airport Road intersection including turn lanes and signal modifications. Atthe intersection of the shared entrances of First Baptist Church & Bridgewater Bay, turn lanes will be constructed to accommodate a future four lane road (the turn lanes are not part of the reimbursement costs since they are only for these developments). The construction plans for the project are titled "Orange Blossom Ddve Roadway Improvements" and were prepared by Hole, Montes and Associates. (Drawing No. 3688-(1-10)dated November, 1999). The Right-of-Way to be donated for Livingston Road is shown on the attached Parcel 1 sketch and legal description. Orange Blossom Drive is as shown on the attached Parcel 2 sketch and legal description. Project Schedule It is anticipated that the roadway will be constructed and ready for service by April 2001. Award of Contract Start of Construction Completion of Construction April 6, 2000 April 6, 2000 April 30, 2001 F:\DATA~WPDATA\LITIGAT~ExhibitDLivtngs ton OrangeBiossom.wpd AGENDA ITEM JUL 3 1 208! ~'~IIT ~C~ LEGAL DESCRIPTION PARCEL 2 ORANGE BLOSSOM DRIVE Being a part. of Section 1, Township 49 South, Range 25 East, Collier County, Fl.odda, more particularly described as follows: COMMENCING at the Southeast comer of Section 1, Township 49 South, Range 25 East, Collier County, Florida; thence rub along the East line of said Section 1, North 0° 53' 28" West, 2658.42 feet; thence run North 89°25'49" West 275.13 feet for a POINT OF BEGINNING; thence South 0°53'28'' East 72.02 feet; thence North 89°25'49'' West 1539.23 feet to a point of curvature of a curve concave to the Southeast; thence nm 267.20 feet along the arc of said curve having a radius of 988.00 feet, a central angle of 15 °29'43", a chord of 266.39 feet and a chord bearing of South 82°49'19" West to a point of cusp; thence run. South 85 %0' 36" West for 56.09 feet to a point of curvature ora curve concave to the Sdutheast; thence nm 65.15 feet along the arc of said curve having a radius of 1000.00 feet, a central angle of 03°43' 58", a chord of 65.14 feet and a chord bearing of South 70 °02'57" West to a point oftangency; thence nm South 68 °10'58" West for 263.98 feet to a point of curvature of a curve concave to the Northwest; thence run 352. I4 feet along the arc of said curve having a radius of 900.00 feet, a central angle of 22°25'04", a chord of 349.90 feet and a chord bearing, of South 79°23'30" West to a point oftangency; thence nm South 89 °23'58" East for 0.28 feet; thence nm North 02 ° 50'06" West for 100.18 feet; thence nm North 89°23'58" West for 6.29 feet to a point of curvature of a curve concave to the Northwest; thence nm 313.01 feet along the are of said curve having a radius of 800.00 feet, a central angle of 22°25'04", a chord of 311.02 feet and a chord bearing of North 79 °23'30" East to a point of tange~cy; thence nm North 68 °10"58" East for 263.98 feet to a point Of curvature of a cUrVe concave to the SoUtheast; thence nm 132.24 feet along the arc of said curve having a radius of 1100.00 feet, a central .angle of 06°53'18", a chord of 132.17 feet and a chord bearing of North 71 °37'37" East to a point of cusp; Thence nm South 89°25'49'' East for 1831.33 feet to the POINT OF BEGINNING, containing 4.76 acres more or less and subject to easements, restrictions and reservations of record. Prepared By: Carol E. Nelson, P.A. Florick Reg. No. 5013 3une'9, 2000 JUL 3 1 200! ffVO~f NOg~DNIAI? I 3.g~.t'g. OOS ,~;O'~L Ii EXHIBIT C-1 YAFOEEBL'r BEACH EC)AD ~A'rE~ BAT Comfy Portlc~ C?.,676') SCALE: 1' -- 1000' R.O.W. AREA SUMMARY PHASE 1 PHASE 2 COUNTY 5.59 Ac.~ - Ac.~ CHURCH 2.59 Ac.~ 2.18 Ac.~ B. BAY 0.58 Ac.~ 1.21Ac.~ TOTAL 6.56 Ac.~ 3.39 Ac.d: I I!~[~ 71.5 lOfh Street $., Naple=, FL. 54102 - Phone : (941) 262-4617 NOTE : PHASE 2 R.O.W. AREA EXTENDS FROM THE EAST END OF PHASE 1 TO THE WEST SIDE OF THE FUTURE LIVINGSTON ROAD R.O.W. Chtrch Portion (1,227'> ./~T'~~ 60' WIDE INGRESS / PROPOSED UVINGSTON ~ I : I t----EGRESS EASEMENT TO BE ROAD R.O.W. I ' I VACATED (EXHIBIT G-l) / , dd ,tO* D.F_ TO BE VACATED I _ ,iIU \ (EXHIBIT G-l) I ,ill I ; IL~ll, PROPOSED 20' WIDE D.E. I ', 1111~1 (EXHIBIT G-l) BLOSSOM DRIVE . ~ VIEW PROPOSED 20' WIDE D.E.-J (EXHIBIT G-2) 9.E.= DRAINAGE EASEMENT I CHEC~ BY: I PROJECT Ne. Orange Blossom I w:r.c. Drive 9512EH01 Location Map I Sent .by': Goodlette,Coleman,&Johnson,PA 941 435 1218; 06/18/2001 11:37; #761; Page 15/22 We.qi~rn Collier Countli Florida Dis~c~ Oas %NJZ~:AY~I B~MO %J~"% m DLTrI,IC% ~ 1 ROAD IMPACT FEE DISTRICT 1 Begin at the intersection of County Road g51 and Pine Ridge Road; thence along Pine Ridge Road and Seagate DHve, westerly to Gulf of Mexico; thence along the Gulf of Mexico, northerly to the Lee County line; thence along the Collier County-Lee County line, easterly, southerly and easterly to the northerly extension of County Road 951; thence along County Road 951 and its northerly extension, southerly to the point of beginning. I AGENDA ITEM ! JUL 3 1 2001 I EXHIBIT E - RISK MANAGEMENT GUIDELINES Risk Management Guidelines for Construction of Orange Blossom Drive Developer shall maintain in full force and effect for the duration of the construction of Phase I of Orange Blossom Drive and acceptance of the road by the County and while utilizing the drainage facilities in the Livingston Road Right-of-Way, Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said policy. Jeffrey Walker, Risk Management Director Collier County Government H/JackiedStandard Form Agreementa/1 ~ Baptist Pig- ~ JUL 19 2881 11:31 FR QUARLES - BR~l)Y LLP 941 4J4 4998 TO 97748225 EXHIBIT "F" ATTORNEY'S AFFIDAVIT STATE OF FLORLT~A COUNTY OF COLLIER ON THIS 19th day of July, 2001, before me persoDs!ly appeared DAVID L. PETERSEN, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose cun~t business address and telephone number is QUARLES & BRADY u.v, 4501 Tamiami Trail North, Suite 300, Naples, Florida 34103, 941-262-5959, (hereinafter "Affiant"), who, being duly sworn on his oath, does say: This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, to accept a Utility Facilities Wawauty Deed, Bill of Sale, Utility Easement, and Utility Facilities Subordination, Consent and $oinder, as to the real proper~y described in the attached Exhibit "A", which is incorporat~l herein by this reference, said land being located in Collivr County, Florida, and being a part of th~ property bearing Folio Nos. 002~0000006, 81295002104 and 00256360507. The Affiant has examined record title info~ztion to both the real ~4 personal property referenced in this Affidavit, including but not limited to, information requested from the Florida Secrctary of State relative to any Uniform Commercial Code financ~ stateinent~. Bxcept as othcnvise set forth herein, the record owner of thc real and personal propcrty described herein, is FIRST BAPTIST CHUR~ OF NAPLES, INC., a Florida corporation,. (hereinafter "Owner"). The Owner acquired record tire to the subject r~al property by instrument recorded at Official Rccords Book 2193, Page 2175, of the Public Rccor~ of Coll/~ County, Florida, a copy of which Deed is attached hereto. The Pr~dmt of Fn~T BAPTIST CH[IRC"ri OF NAPr_.~.$, INC. is Robert D. Caudill, who posscsscs duc power and authority to cxccute doc-ments on behalf of said corporation. The subject mai property described herein is free and clear of all mortgage liens and liens of any and all other nature, except real estatc taxes for the year 2001 and all subsequcnt years; and except for a certain Mortgage from FI~T BAPTIST CHURCH OF NAPLES now held by WILLIAM T. ROGERS, recorded Sunc 12, 1996, in Official Records Book 2193, Page 2183; this mortgage is released as to the property shown on Exhibit "A" attachcd hereto and incorporated herein by rcfcrcnce, by instrumcnt recorded luly 2, 2001in O.R. Book 2851, Page 2247, of the Public Records of Collier County, Florida. and the following: QBNAP% 261834,4 Rights or claims of panics in possession not shown by the Public JUL 3 1 2001 3UL 19 2BB1 11:31 FR QURRLES - BRADY LLP 941 4~4 4998 TO 9~748225 P.EL~/05 Encroachments, overlaps, boundary linc disputes, and any otho' ~ which would be disclosed by an accurate survey and inspection of the premises. Easements or claims of eas~ments not shown by the Public l~=ords. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Ordinance No. 75-20 regulating the installation of' any water distribution and wastewater collection system; Ordinance No. 75-21 protecting certain trees within Collier County; and Ordinance No. 75-24, the "Collier CountyZoning Orrllnanc¢ for the Coastal Area Planning District," all recorded May 19, 1975, in O.R. Book 619, Pages 1177 through 1381, inclusive, of the Public Records of Collier County, Florida. Final Order establishing and confirming Collier County Water Management District Number Seven, recorded August 12, 1968, in O.R. Book 282, Page 976, of the Public Records of Collier County, Florida. Collier County Ordinance No. 75-54, amending Ordlnn~ce blo.74-42 and No. 75-24, r~lating to are. as of environmental serisitivity, dated December 9, 1975, and recorded December 24, 1975, in O.1L Book 638, Page 21, of thc Public Records of Collier County, Florida. Right-of-way A~nt, r~.orded February 17, 1964, in O.R. Book 162, Page 205, cf the Public Records of Collier County, Florida. Right-of-way Agreement, recorded February 7, 1973, in O.17.,. Book 503, Page 476, of the Public Records of Collier County, Florida. Right-of-way Agreement, recorded February 7, 1973, in O.P,.. Book 503, Page 478, of the Public Records of Collier County, Florida. Subject to Quit Claim Deed from the County Water-Sewer District ~ Collier County, Florida to the City of Naples, Florida, of all water Lines, water transmission fadliti~, water meters and appurtenances, as well as an easement for installing and mainta/ning the same, dated April 18, 1978, recorded May I l, 1978, in O.R. Book 750, Page 1088, and O.R. Book 760, Page 369, of the Public Records et' Collier County, Florida. Easement contained in instrument recorded June 12, 1996, in O.R. Book 2202, of th= Public Records of Collier County, Florida. Easement contained in instrument recorded June 12, 1996, in O.R. Book 2193, Page 2195, of the Public R~ords of Collim' County, Florida. -2- .JUL 3 1 2001 JUL 19 2~1 11:31FR QUARLES - BRADY LiP 941 434 4998 TO 9~740225 P.I~4/05 Thos= c~ain Notices of Commence~ncnt for First Baptist Church of Naples, Inc., by DeAngelis Diamond Construction recorded July 13, 2000 in 02`. Book 2698, Page 124; in 02`. Book 2698, Page ]25; in O.R. Book 2698, Page 126; recorded July 24, 2000 in O. R. 2701, Page 3037; recordod August 11, 2000 in O.R. 2709, Page 1106; in 02`. 2709, Page 1107; recorded November 7, 2000 in 02,. 2740, Page 2506; rmorded March 6, 200l in 02`. Book 2780, Page 3342; all of thc Public R~orcls of Collier County, Florida. Agreement Not to Encumber or Transfim Property from First Baptist Church of Naples, Inc. to First Union National Bank, r~ordcd November 7, 2000 in 02`. 2740, Page 2503, of the Public Records of Collier County, Florida. Basement from Fh'st Baptist Church of Naples, Inc. in favor of FPL Company recorded December 13, 2000 in O.R. Book 2754, Page 10! 2, of the Public Records of Collier County, Florida. Notice of Commencement for First Baptist Church of Naples, Inc. by Collier Irrigations Service, Inc. r~cord~ January 5, 2001, in 02`. Book 2762, Page 585, of the Public Records of Con/er County, Florida. Affiant furth~ shotes that 'the information contel-ed in this Affidavit is true, corr~t, and current as of the da~e tiffs Affidavit is given. DAVID L. PBTERSBN, ESQUIRB 'Florida Bar No. 0833721 STATE OF FLORIDA COUNTY OF COLLIER The foregoing in,trumcnt was sworn to and subscribed before me this 19th day of Suly, 2001, by David L. Petersen, who is personally known to me. My Commission Expires: OBN~ 2& I ~l,qd.4. -3- NOTAKY PUBLIC (SBAI~ Pri~! rl~ll~ bcl~w: Notary Public S~rial # (if any) Aal:~na ITE~ NC). ~ JUL 3 1 2001 JUL- pA-r~C]3L I LIVINGSTON 1~0.~ PAI~C~:L Being a par~ of Sectiun i, Tnwn.qhip 49 South, Raisin= 25 ~..llsr, Coliicr County, FIoz'ida~ retort,- particularly dos~'ib~l ~s Follows: 1077.67 ~et ~or a PO~T O~ ~EG~~; fl~cr~ ~o~ ~9' 03' I3" Wo~ 275.18 ~t; Thence cried Se~ti~.,n 1; ~co ~ong a~d ~t lin~ Sotl~h 0' $3' 28" ~h 11~6.77 ~*t to ~e 0~' B~(ii~O, con~ 9.~9 ~mr~ moro or less ~d ~bje~t t(, tmsm~, ~s~olioim ~ ~ati~ oF~co~ Being R pat-t of Sect/on 1, Townuhip 4/) South, Razagc 25 Ha.sL~ (':ollicr CorraL"y, Flol;ida, znure part/cl.~m'iy ~$cl'lb~d as fbi lower COMlVII/Nt:ING at the $ot~thga~t con~e~ ol'g~titm 1, To~ 49 Suu~, Range 2S thace S~ 0053'28" ~st 72,02 Cce~; ~ce North 89°2S~40'' West 153~,23 f~t 1~ ~ po~r ~a~ cfa u~vu co~avc ~o ~e Sou~t; ~hencc n~n 267.20 f=~ alo~E the a~ ofg~d ~ a ~l/us olD88.00 ge~ a eonS.al an~lc of 1~'29'43", a cho~ of 266,39 fc~ ~d a ~ord bu~n~ offSouth 82'49'19" W=~L Io a point ofc~; ~=noe run E~th 8S'~0'36" W~t ~or 56.09 l~=t h~ a po~t Of~t~ o~'a cll~C concave to ~e Sou~ut; throe ~ 65,15 fo~ ~ozzE th~ arc ofs~d cm ~vhzE u r~it~s of 1000.00 ~L a u~mi nnglc of 03'43'58", a ul,u~l 0f63.14 f~t ~d a ghord bm~ o~So~ 70'02'37" W~Rt ro~ po~t of ~mlcy; [h~oe ~ 68' 10'5t'~ W~t for 263.g8 feet to a ~oi ,t ~ r cu~a~e of a c~vu uonoave to thc ~~; ~=noe ~n ~2.14 f~ aJo~ tim a~ ofaald ¢u~e havh~ a ~di~ ~Fg00.O0 F=¢L a celt~J ~H'22'25'~", a chord of34V.9{I ther and a cho~ bea,'i~& ~f Eou~ 7~'23'30" W~ to a ~t~int ~cncy; ~= t~ ~[mth 89'23'58" ~t for 0.2~ tb~t: thcnce ~ ~ot~ 02'50'06" W~t for 100,18 feet; ~oe ~ ~o~ B9'23'58' West For 6.29 fe~ ~ a pO~t ot'cu~ cfa ~oJl~avu m ~e No~hw~ ~=nce z'u, 2 ] 3.01 feet along ~ m= ofauid c~c ~vin~ a ~ ~00.00 ~: a c~ ~le ~CR2'25'04", a cho~ of 311.02 Ibut and a ~o~ be~h~ ot~am~ cfa om.v= concave to ~c Souflt~t; thence n~n 132.24 f~et alo~g the are ~e ~vi~g a n~dius oF 1100.00 fe~ a cexi/ml nnRle oF 06'53' 18", ~ uhord or 132.17 Feet ~d a chot'd bua~flg ot~o~ 71 '37'37' ~aut to n polar of~sp; ~nce rm~ South 89'25'49" ~ for engomm~, ~otio~s ~md r~aflons of AGENDA I~ I NO. JUL 3 1 2001 pg. _.0_'/ .. ~iolc I U I/41- I y-It .'L.. ~4,=_, )iolc '-- ~6t~'0 L~ M . LOf~(J.O0 N J ! I ~. . ,oo'~vi, 3 .[o.i,g.oo s J ~ o~ m 0 " ~ Z oq A~DA I~ JUL 3 1 21)01 Z o ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION TO EXPAND AUTHORIZATION TO ALL DIVISION ADMINISTRATORS TO EXECUTE GRANT APPLICATIONS, PERMIT APPLICATIONS AND OTHER DOCUMENTS PERTAINING TO THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECTS. OBJECTIVE: To have the Board of County Commissioners adopt a resolution granting all division administrators authority to execute certain administrative actions pertaining to capital improvement project construction which will improve county administrative efficiency. CONSID, ERATION: On June 27, 2000 The Board of County Commissioners adopted Resolution No. 2000-187, copy attached, which granted authority to the Public Utilities and Transportation Administrators and several department directors in the Transportation Division to execute grant applications, permit applications and other documents pertaining to the construction of public works improvement projects. With departments such as Parks and Recreation administering contracts for construction of capital improvement projects, these departments utilize annual fixed term contracts such as Structural Engineering, Professional Engineering or Mechanical-Electrical Engineering. These departments request the Transportation Engineering and Construction Management Director to sign off on their approvals to utilize various fixed term annual contracts. This is unnecessary and not desired. By authorizing all division administrators and appropriate department directors to execute the various administrative procedures pertinent to capital improvement project construction, unnecessary cross division approval routing will be eliminated and improved efficiency will result. c~FISCAL IMPACT: There is no direct fiscal impact associated with the adoption of the ~,,~ proposed Resolution. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) (2) Authorize the Chairman to execute the attached proposed Resolution. Adopt the attached proposed Resolution authorizing all division administrators and any department directors they may appoint or authorize to execute grant applications, permit applications and other documents pertaining to the construction of capital improvement projects. No-AG~00~lT?M JUL 3 2001 Stephen L. Miller, P.E., Director, Transportation Engineering and Construction Management Department APPROVED BY: 'N lZmanE. F er, AI ~ i~sporta '~n e;" ~'d~~ Date: JUL 3 1 2001 16816 RE.qOLUTION NO. 2.000- I ~ 7 A RI~SOLUTION APPOINTING AND AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR. TH~ TRANSPORTATION- ADMIN~TRATOR, THE TRANSPORTATION OPERATIONS DIP~CTO[L THB TRANSPORTATION PLANNING DIRBCrOR, THE ENGINF_.ERING & CONSTRUCTION MANAGEMENT DIRECTOR, AND THE STORMWATER MANAGEMIgNT DIRECTOR TO EX~CUTE GRANT APPLICATIONS, PERMIT APPLICATIONS. AND OTI-I~R DO~S PERTAINING TO THE CONSTRUCTION OF PUBLIC WORKS IMPROVEMIilNT PROfECTS. WHEREAS, the Board of County Commissioner~ of Collier County, Florida, has a need for public workz activities ~roughont the County which requi~ application for grants and permim through local, state, and federal agencies; and WHEREAS, it is Ibc h~.-ntion of said Board ~o make applications and submit docun~n~s to local. state, and federal agencies; and WHEREAS, in order to expedite processing, it is nece~ary to officially appoint and have of record County officials authoriz-d to execute l~ant applications, pmnit applications, and other documents pertaining to the construction of public works improvement projects on behalf of the Board to various agencies including the following: HoNda Depann~nt of Transpertalion Florida Department of Environmental Protection' US Army Corps of Engineers US Coast Guard Federal Aviation Administration Fish and Wildlife Conservation Commission Big Cypress Basin/Sou~ Florida Water Management District Federal Eavimnn,~'nta! Pro~ectio~ Agency NOW, THF..REFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIF_.R COUNTY, FLORIDA, that: 1. The Public Utilities Administrator, Transportation Administrator, Transportation Operations Director, Transportation Planning Director, Engineering & Cons~roction Management Director, and Stormwater Management Director are hereby appointed and authorized to execme the documents aforesaid for and on behalf of Collier County. 2. Resolution No. 99-374 is h~reby repealed and super~ded by this Resolution. THIS RESOLUTION ADOPTED AFTER MOTION, SECOND, AND MAJORITY VOTE FAVORING ADoPTIoN. "' Deputy Clerk ,~tt~$'t al tO Chatman'$ . . s~at~-~, o, rj. ly Approved as to form and legal surIl~l[e'ncy: Heidi F. Asht~n ' ~' A.s.~i,tant County Attorney BOARD OF C~'"/~-----1-1-1~SIONERS COLLIER C~OUNTY, FLORIDA . J. CON ."C im JUL 3.1 2001 2 3 4 5 6 7 8 9 I0 11 12 13 x4 I5 16 17 [8 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 4O 41. 42 43 45 47 48 49 5O 51 52 53 54 55 56 57 58 59 61 62 63 RESOLUTION NO. 2001- A RESOLUTION APPOINTING AND AUTHORIZING ~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES, EMERGENCY SERVICES, PUBLIC SERVICES, PUBLIC UTILITIES, SUPpORT SERVICES AND TRANSPORTATION ADMINISTRATORS AND ANY DEPARTMENT DIRECTOR8 THEY MAY APPOINT AND AUTHORIZE, TO EXECUTE GRANT APPLICATIONS, PERMIT APPLICATIONS AND OTHER DOCUMENTS PERTAINING TO THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners of Collier County, Florida, has a need for capital project design and construction activities throughout the County which may require application for grants and permits through local, state and federal agenciea; and WHEREAS, it is the intention of said Board to maim applications to local, state and federal agencies; and WHEREAS, in order to expedite processing, it is necessary to officially appoint and have of record County officials authorized to exacute grant applications, permit applications and other documents pertaining to the construction of capital improvement proj~-'ts on behalf of the Board to various agencies including but not limited to the following: Fedt:ml Aviation Administration Pederal Environmental Protection Agency Florida DeparUnent of Environmental Protection Florida Department of Transportation Florida Fish and Wildlife Conaervation Commission South Florida Water Management District U. S. Army Corps of Engineers U. S. Coast Gua~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF CO1 I.WR COUNTY, FLORIDA, that: VOTE Thc Community Development & Environmental Services, Emergency Services, Public Services, Public Utilities, Support Services and Transportation Administrators and any Department Directora they may appoint and authorize, are hereby appointed and anthofized to execute the documents aforesaid for and on behalf of Collier County. Resolution No. 2000-187 is hereby superseded by this R~olution. THIS RESOLUTION ADOPTED AFFER MOTION, SECOND, AND MA~ORYI'Y FAVORING ADOPTION. DATED: A'ITE3T: DWIGHT E.. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES D. CARTF_.R, Ph.D., Chairman Approval aa m form and I~-~al sufficiency: Assistant Count~ Alxomey JUL 31 2001 EXECUTIVE SUMMARY APPROVE AWARD OF A CONSTRUCTION CONTRACT TO TI-IE LOWEST BIDDER, BONNESS, INC., FOR THE 2000-2001 PATHWAYS PROGRAM, BID No. 01-3248 OBJECTIVE: To receive the Board of County Commissioners' approval and award of the construction contract to Bonness, Inc. for the 2000-2001 Pathways Program. CONSIDERATIONS: Advertisement for BID No. 0i-3248 were published on June 18, 2001. Bid opening was conducted on July 10, 2001. Three bids were received as follows: Better Roads, Inc. $465,033.34 Bonness~ Inc. $308,723.45 Cougar Contracting Specialties, Inc. $398,877.50 The recommended contract award amount of $308,723.45 consists of constructing sidewalks on the Ridge Street, Boca Ciega Drive, 22na Avenue S.W., Weber Boulevard, and Delaware Avenue. Therefore, the Pathway Program construction cost is below budgeted amount of $450,000.00 ~,~FISCAL IMPACT: The recommended contract award amount of $308,723.45 shall be taken \',~ 'from the gas tax supported Transportation Capital Fund~ Orcj~cl: ~, .69081. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1) Approve award of construction contract to the lowest bidder, Bonness, Inc., for the 2000- 2001 Pathways Program for the total amount of $308,723.45. 2) Authorize the Chairman to SUBMITTED BY: Julio F. ~.onstruction Agreement with Bonness, Inc.. Date: -7 fi P/D ~ REVIEWED BY: APPROVED BY: JFO:dgh Edward Feder, rtation Division )ns Department Date AGFaNDA ITEM JUL 3 1 2001 EXECUTIVE SUMMARY AWARD BID NO. 01-3244, "PURCHASE & DELIVERY OF ONE ROAD WIDENER ATTACHMENT". OBJECTIVE: To purchase a road widener attachment for a standard dump truck to increase productivity in construction of county roads for the benefit of the public. CONSIDERATIONS: 1. The Road & Bridge section is responsible for the operation and maintenance of the County's roadways. This responsibility includes the building and repair of roadway shoulders. The addition of a road widener attachment will effectively double the production capability of a standard roadway shoulder maintenance crew by providing a method of adding new shoulder material mechanically rather than by manual placement methods. 2. Bid #01-3244 was posted on June 4, 2001. Fifty-four (54) inquires were sent and two (2) bids were received and opened on June 20, 2001. 3. Staff has reviewed the bids received and recommends award of Bid No. 01-3244 to Ringhaver Equipment as the lowest qualified and responsive bidder. ~F'~FISCAL IMPACT: Funds are available in the Maintenance Operations Fund (101-163628- 'Lx~ ~~or t~e~e of the road widener attachment in the amount of $49,710.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the award of Bid 01-3244 "Purchase & Delivery of One Road Widener Attachment" to Ringhaver Equipment. Edward J. Kant, P.~E.~,/T,~,a~r(sportation Operations Director St ~~~~s i~GS Dire ctor ~PROVED BY:~~~~. ~ No~ E. Fe~er, AICP, Tr~spo~ation Administrator Attac~ents: Bi, No. 01-3244 Recap DATE: AGENDA, ITEM No. lC) JUL 3 1 2001 PO. 6-26-2001 12:31 PM FROM ROAD AND BRIDGE ??~i 6zt06 P. 1 EXECUTIVE SUMMARY ACCEPT AN EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA TO BE USED FOR TOWER ROAD RIGHT-OF-WAY, AND UTILITY, DRAINAGE, AND MAINTENANCE PURPOSES OBJECTIVE: Accept an easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Tower Road right-of-way, and utility, drainage, and maintenance purposes. CONSIDERATION: Collier County has been maintaining Tower Road for several years without the benefit of ever having right-of-way formally conveyed from the abutting property owners. The current property owner, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, has agreed at this time to donate the attached Easement for the above-required purposes. The transaction documents have been reviewed by the County Attorney's Office and are legally sufficient for acceptance by the Board. FISCAL IMPACT: The total acquisition costs are estimated not to exceed $500.00, which includes document recording, documentary stamps, and Title Policy. Monies are available in the Road Construction Gas Tax CIP for Multi- Project Transportation Right-of-Way - Fund 313, Project Number 60171. GROWTH MANAGEMENT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve and accept the Easement granted by Board of Trustees of the Internal Improvement Trust Fund of the State of Florida; and Authorize staff to proceed with the 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. AGENDA ~F.,~ No. JUL 31 2001 Cindy M. Errb, Real Property Specialist III Real Property Management Department REVIEWED ~~~, ~ ~ Date: ~,--, Toni A. Mot{i ]~eal Property--Supervisor ' - ' lal Property Management Department REVIEW ED By: ~,_V~.('t,4_~ (~ ~(~, {q~C~'~' ,~'~-- Date: ~" ' ~ '"O ' Charles E. Carringtor~,l,.[r., SR,I{~A, Director Real Property Management Department REVIEWED BY: ~~~-~'- ~~J Date: ,~ Edward J. Kant, P.E., Dit"ector Transp/~ation Operations Department No~ ~nn/~~~ministrator Date: Tran 3ortation Division APPROVED BY: AGENDA I~1~1i JUL 3 1 2001 PROJECT: Tower Road FOLIO: 00724280009 T. Chadw~l~, Esqutl~ -.~:~ce of ~e Count~ Atto~e~ East 'l'amlamt TP&il ~,.)es, Florida 3411~ 774-8400 EASEMENT THIS EASEMENT, made and entered into this/~'af'tfday'of ~ ,2001, by BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose mailing address is C/O Florida Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Boulevard, Mail Station 115, Tallahassee, FL 32399-3000, as Grantor to COLLIER COUNTY, a political subdivision of the 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, successors and assigns.) WITNESS-ETH: 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 easement, license, and privilege for road right of way, drainage, utility 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, ex.~C~...-Vate, and take materials for the purpose of constructing, operating and maintaining road dght of way, drainage, and 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above wdtten. Wi"~ess (Signature) Name: ~', M , ~ W~<t ure) Name: F~. ~J~'~ ( ~--- (Prin~) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Robert J. Assistant Division Director Division of State Lands Department of Environmental Protectidn As agent for and on behalf of the Board Of Trustees of the Internal Improvement Trust Fund of the State of Florida APPROVED AS TO F R EG LITY 'DEP, A~iT~EN_T. ATTORNEY AGEblDA No. JUL 3 1 2001 STATE OF FLORIDA COLINTY OF LEON The foregoing Easement was acknowledged before me this j~4,1~ day of ~.u.-~ .~- . 2001, by Robert J. Lovern as Assistant Division Director, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, w~ho is personally known to me or who has produced as identification. (Affix notarial seal) Commission # My Commission Expires: AGENDA ITEM NO.__~~\ JUL 3 1 2001 SKETCH OF DESCRIPTION - NOT A SURVEY EXHIBIT ','r~" P. age ~ of / r~,j Oelto = 5g'20'00' i Arc = 46.60' Chord = 44.55' / , Chord gearing = N 46'I2'54' E SCALE : 'C-2 / I" = 50' Radius = 120.00' Oelta = 30"15'50' Chard. 62.65: / Chord geeing $ 63'37'56' iF Rodi~s = 117.00' Delta - 15'00'00' / ur t , o.~ u.~ ~o.~-~.. ~ Iff; ~'~"~~ ,od,.s = ,~o. oo' rl l* Oelta = 21'13'20" ' . ' O.R. BOOK. ~OZJ, P~e,E ;U9 //.¢ ~ = ~.~ ~ CU~A~RE Radius = 150.~* JO.~' ~ / ~ / ~ Chard = 81.OF ' C-6 ~ ~ ~dius = ;05.00'  S 89'22'06" E 66Z32' ~o~ ~ring = N 2~06'50' g ~ ~T S~ UNE ~ ~C~ SO~ST C~NER OF ~C~ON 3. ' DESCRIPTION OF PROPOSED COUN~ MAINTENANCE ~SEMENT Commencing at the Southwest.,~orner of Section 3, Township 51 South, Range 26 East, Collier County, Floddo, Run S 89"22"06" E 667.32 fee~ along the south line of said Section 3; thence N 16'32'54" E 56.60 feet; thence S 73"27'06" E 30.00 feet to the Poini of Beginning on the westerly line of ~hose lands described Official Records Book 1073, Pa~e 1139; thence along said westerly line N I~32'54' E 183.28 feet; thence ~6.60 feet along the arc of a cu~e, concave to the southeast, having a radius of 45.00 feet, a central on~le of 59"20'00~ and o chord of 44.55 feet, bearing N 4~12'54" E; thence N 75"52'54" E 20.48 feet;' thence N 7~15'04" E 118.90 feeJ ~o ~he northeast corner of said lands; thence $ 10"07'54' W along the easterly line of said lands 3.64 feet; thence S 78'45"53" W 84.71 feet; ~hence 63.38 feet olon~ the arc of non-~ongentiol cu~e conco~ ~o the southeast having a radius of 120.00 fe~t, o central angle of 30'15'50~ and a chord of 62.65 feet, bearing S 63"37'56' W; ~hence S 41'29'59" E 3.~ feet; ~hence 30.63 feet along the arc of o non-tangenUol cu~e concave ~o ~he southeast having a radius of 117.00 feet, a central angle of 15"00'00~ and a chord of 30.54 f~t, bearing S 41'00'01" W; thence N 5~29'59" W 3.00 f~t; ~hence 44.45 feet olon~ the arc of o cu~e concave to the southeas~ having o radius of 120.00 feet, o central angle of 21"13'20~ and a chord of 44.19 feet, beorin~ S 22"53'21" W to a point of tangency; thence S 12"16'41" W .84.15 feet ~oo point of cu~oture; thence 82.03 feet olon~ the arc of a cu~e concave to ~he no~hwest, having a radius of 150.00 feet, o central angle of 31"20'03~ and a chord of 81.01 feet, bearing thence 31.39 feet along ~he arc of o cu~e concave ~o the northwest, having a radius of 105.00 feet, o central on~le of I~07'53~ and o chord of 31~8 feet, bearing N 25"06'50" E ~o the Poin~ of Beginning. ~O, ~ 18 sou~.=~ ~p.~.= ;=CHNOCOeY, ~NC. N0. ~D~~D Profee=itJna; ~uweyor8 and Map~m ~=~. ==;o~,~. ~,,~. ~o., J U L 3 1 2001 N~pl~m, Florida ~104 PHONE NO. (~4;)~-~911 F~ NO. Pg. EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JOHNSON ENGINEERING, INC. FOR GOODLETTE-FRANK ROAD IMPROVEMENTS BETWEEN PINE RIDGE ROAD AND VANDERBILT BEACH ROAD, PROJECT NO. 60134 OBJECTIVE: To gain Board approval to proceed with design changes to accommodate Pine Ridge Commons; staffing additional public meetings; design changes for new driveways; adding landscape design; updating and reevaluating signalization design; updating and reevaluating the noise study; preparing the National Pollutant Discharge Elimination System (NPDES) permit application; and adding privacy wall design. CONSIDERATION: On October 21, 1997, the Board of County Commissioners and Johnson Engineering, Inc. entered into a professional services agreement for the widening of Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road. Services include the design of a six lane divided urban arterial from Pine Ridge Road to the vicinity of Center Street and a four lane divided urban arterial to Vanderbilt Beach Road to accommodate six lanes. In July, 1998 Supplemental Agreement No. 1 was issued in the amount of $100,000 to field locate all utilities. In June, 2000 Supplemental Agreement No. 2 was issued in the amount of $300,000 to proceed with a selected alternative analysis, a noise study, revisions to traffic and capacity analyses, additional signalization plans, revised schedule and the utility relocation design. The current Supplemental Agreement No. 3 will authorize the consultant to proceed with changes, updates and reevaluations necessary for the finalization of the design plans which incorporate public input and the physical changes that have occurred along the project corridor. A copy of Supplemental Agreement No. 3 including the negotiated fee schedule and revised project schedule are attached. (0'FISCAL IMPACT: Funds in the amount of $200,000 are budgeted in the Road Impact . ~ee~'~ Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Supplemental Agreement No. 3 with Johnson Engineering, $200,000. Commissioners approve Inc. in the amount of AGEN~Is~, I'[EM. JUL 3 1 2001 Pg. \ Allen R. Ruth, P.E., Project Manager Transportation Engineering and Construction Management Department Mitch Riley, P.E., Senior Project Manager Transportation Engineering and Construction Management Department Stephen L. Miller, P.E., Director Transportation Engineering and Construction Management Department APPROVED 5Y;rman E./Feder, AiCP, Administrator Date: TrTportation Division JUL 31 2001 Project No. 60134 SUPPLEMENTAL AGREEMENT TO PROFESSIONAL SERVICES AGREEMENT S/A No. 3 THIS SUPPLEMENTAL AGREe, made and entered into this ~ day of , 2001 by and between the Board of County. Commissioners, Collier County, Florida, a political subdivision of the State of Florida, as the governing body of Collier County and Ex-Officio as the governin~g body of the Co~llier County Water Sewer District, h~r called the Owner or County, and Johnson Engineerillg, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 2640 Golden Gate Parkway (Suite 106), Naples, Florida 34105, hereinatter referred to as the Consultant. wrrNESSETH WHEP,.EAS, the Owller and the Consultant heretofore on October 21, 1997 ente~l into a Professional Services Agreement ("Agreement") whereby the Owner retained the Consultant to furnish ceI'min conmfl~g engineering serxrices in connection with proposed four lauing (eventually six lmaing~ improvements to Goodlette-Frank Road (C.1L 851) between junctions Pine Ridge Road (C.1L 896) and Vanderbilt Beach Road (C.1L 862), a distance of approximately 2.42 miles (hereinatter referred to as the Project); and, WHEREAS, on June 27, 2000 under Agenda Rem No. 16B18, the Board of County Commissioners as the governing body of Collier County and Ex-Officio as the governing body of the Collier County Water-Sewer District, approved and authorized Additional Services to be provided and performed by the Consultant for the analysis of additional roadway cross section alternatives, for thc design and permitting of County owned utility systems to be relocated which shall result in Utility Relocation Plans and for the development of a detailed Noise Abatement Study integrated with roadway engineering desi~s with an accelerated schedule for the maximum professional service fee amount of $300,00; and, WH]EREAS, the Owner desires and Consulfant agrees to supplement and modifY the teams and/or scope of work of the October 21, 1997 Agreement, Supplemental Agreement No.l thereto dated July 8, 1998, and Supplemental Agreem~t No. 2 dated June 27, 2000 and toward that end it is necessary to: FORMALt.Y SET FORTH ADDITIONS AND AMENDMENTS TO THE ORIGINAL SCOPE OF SERVICES AND TIME OF PERFORMANCE ~OF, AND TO ESTAB[.I~H A COST FRAMEWORK FOR COMPENSATION UNTO THE CONSULTANT FOR REQUESTED ADDITIONAL SERVICES. CONSULTANT'S SCOPE AND COST PROPOSAL TO OWNER DATED JUNE 20, 2001 IS ATTA _CI4~T) TO THIS SUPPL~AL AGRm~MENT NUMBER THREE (3), AND IS HERF. RY INCORPORATED INTO AND MADE A FORMAL PART OF THE OCTOBER 21, 1997 PROFESSIONAL SERVICES AGI~t~.h'MHNT. NOW, therefore,' the Professional Services Agreement is amended and supplemented as follows: -' CD As to the scope and purpose of Additional Services requested of Consultant by Owner pursuant to this Supplemental Agreement (S/A) No. 3: Page 1 of 9 Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 3 1. Accommodate Pine Ridge Commons: Consultant will prepare revised taking drawings along the east side of Goodlette Road abutting the Pine Ridge Commons project. These taking drawings are revised to accommodate a 40' take for road fight-of-way with a 10' additional utility and sideslope easement This is done per negotiations with the laine Ridge Commons property owner so as to lessen the impact of the taking along the Goodlette Road corridor. These drawings will accommodate the right mm lanes for the project also. These additional taking drawings will be provided to the County by the consultant. Consultant will revise roadway drainage design to accommodate accepting a portion of the Pine Ridge Commons stormwater management requirements. This is done to compensate the Pine Ridge Commons on-site water management system for the taking of dry pre-treatment area along the Goodlette Road eorri'dor. This will require the enlargement of Goodlette roadway piping, and treatment lakes. The drainage design for the roadway will need to be modified to accommodate the reconfigured drainage and address the subsequent permit applications. Consultant will revise roadway connection plans to accommodate modifications within the Pine Ridge Commons driveway design. Pine Ridge Commons plan.~ have been modified to slightly relocate and adjust driveway connection points along Goodlette Road. Roadway plans will be modified to accommodate these revised connection ali~t~nments and accommodate drainage stub- outs and other roadway frontage improvements. This will require that the ,ross sections, drainage maps, side-street profiles, drainage structures and typical sections be modified to accommodate these revisions. 2. Additional Public MeetinR: A. Consultant will prepare for and attend Pine Ridge Subdivision Property Owners Association meeting on 2/15/01 to provide a project status update and answer resident questions. Consultant will provide principal engineer for this meeting. , '- B. Consultant will prepare for and attend Calma Bay Directors meeting on 3/05/01 to provide a project status update and answer questions. Consultant will provide principal engineer for this meeting. C. Consultant team will prepare for and attend a public workshop on 3/13/01 in North Naples United Methodist Church. The consultant team will include one noise, one lighting, two utilities, two traffic and signalization and three roadway design experts to meet with and address community comments and concerns. The consultant team will prepare and submit follow up correspondence to address comments received at the meeting. ' D. Consular team will.prepare for and attend a 90% plan presentation workshop to update the public on the project status. Consultant team will include one no/se, one ufil/ty, two tra~c and signalization and two roadway design experts to meet with and address community comments and concerns. The consultant team will prepare and submit follow up correspondence to address comments received at the meeting. 3. New Driveway Coordination: JUL 3 1 2001 Page 2 of 9 Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 3 ho Consultant will revise roadway design plans to accommodate closing of the North Gate median south of Pine Ridge Road. Consultant will also modify the Pompei intersection to accommodate a southbound left turn to accommodate U-turns for access to the North Gate subdivision. This will lessen the impact of the referenced closing. Plans, permits and design will be modified and noted in the 90% plan package. Bo Consultant will adjust the median opening of Pine Ridge Road just east of Goodlette Road to accommodate right in/right out and leR in/leR out for the existing North Naples Fire Station. This is done to accommodate best serving the fire station and minimizing Ixaffic impacts to the through traffic. Plans, permits and design will be modified and noted in the 100% plan package. This will also require that the sidestreet profiles and earthwo~ calculations be revised to accommodate these modifications. Consultant will modify the maintenance of traf~c plans to accommodate mm lanes and driveways comtructed since the original project design was started. This is a very dynamic corridor and six new driveways and three new leR mm lanes have been constraeted since the original design was started. Consultant will collect fight-of-way permit drawings and add them into the maintenance of traffic plan. Plans, pemfits and design~ will be modified and noted in the 100% plan package. Consultant will add North Naples Christian Church driveway to the roadway plans located in the southeast quadrant of Goodlette Road and Vanderbilt Beach Road. This project has been recently submitted for site development plan approval to Collier County. The driveway needs to be coordinated with the roadway plans and the FP&L lransformer stations located in this area. Consultant will coordinate with the Church's en~neers and FP&L to develop a shared driveway, if at all possible, to minlmi~.e roadway impacts and coordinate utility configurations in this area. Plans, permits and designs will be modified and noted in the 90% plan package. E= Consultant will add designated right turn out and left tXtrn out lanes to Center Street on to Goodlette Road. These are done to facilitate vehicles leaving Pine Ridge subdivision so that lef~ out vehicles' will not block fight-out vehicles at the intersection. This will be tapered back to two-lane rural segment at Ridge Road. This will be done with the 90% design plans. 4. Landscape Desitin: Consultant will provide landscape design, permitting and project coordination. These services include development of appropriate plans, construction documents and follow up meetings to address landscape issues. The prime consultant for managing these services has added a 10% coordination fee. A. Illustrative Conceptual Planting/Sections (no meeting time included). B. Construction Documents for the Calusa Bay frontage (planting plan, irrigation plan, cost estimate, I meeting). Coordination of Irrigation Sleeving for Goodlette Road project (1 meeting includ~l). ] JUL 31 2001 'age a [ pg. 6" Supplemental Agr~ment to Professional Services Agre~aent ' Project No. 50134 S/A No. 3 D. Construction Documents for the Goodlette road project (planting plan, irrigation plan cost. estimst¢, and 3 meetings). 5. Reevaluate Si~alization Study: Consultant will reevaluate~ignalization study as outlined per our previous correspondence. These services include reviewing the si~ali~ation and access management plans. The prime cousultant for managing these services has added a 10% coordination fee. A. Review of Currently Proposed Signalization and Access Management Plans CoLlier County will provide the most recent development information for proposed developments within the Goodlette-Frank Road corridor. The consultant will re-evaluate signal warranm and near-term (2004) intersection operational analyses for those inter~ectious with updated development data. The consultant will review each proposed intersection/connection on an individual basis and provide a narrative summa~zing the characteristics of each intersection/connection in regard to signal warrants, potential for signal coordination, need for auxiliary lanes, driveway spacing, allowed movements, and median openings. The con~ltant al~o review general corridor tra~c operations in regard to signalization and access management. The consultant will prepare a technical memorandum, in narrative format, documenting the review. B. Signalization Structural Desil~ This task provides for the strucm~ design for up to three intersections in the Goodictte-Frank Road corridor. ~renlcins & Charland, Inc will provide structural design services. The structural design will include ~sign and construction drawings for each mast arm assembly and foundation, including provision of reproducible drawings, signed and sealed prints, and coordination with the geotechnical consultant for foundation design. The basis of the design WIll be the FDOT Structures Index series 17000,2000 edition. A 110 MPH wind speed will be used in design of all components, including each foundation. Structural design calculatious will be provided for inclusion in the project's calculation's book. The consultant will alsO-Prepare soil investigations and geotechnical engineering reports for each s~'ucture site. Services specifically excluded are: printing and distribution of drawings for p~mitting, bidding and/or construction, cost estimating, in depth examination of alternative sl~uctural systems and arohitecmral design/detailing responsibilities. The fee estimate for this task a~sumes a single design will be completed for each structure, recalculation of the s~ucmral design due to changes in · the steel poles or mast arms will be considered additional services. The fee estimate for this task also provides for up to two double-armed structures and 17 single-armed structures. Additional structures will be considered additional services. Traffic Signal Interconnect Conduit Plans and Schedule Adjustment This task provides for the preparation of 90 percent and 100 percent plans detailing the construction of signal system interconnect conduit. Actual intcrconncction of signals is only included for thc intersections of Goodlctte-Frank Road with Pine Ridge Road and Panther Lane. Thc remainder of the interconnect conduit will be provided with pull linc to accommodate furore services. This will be shown in thc 100 percent plans as a the result of thc project ~h-_~,a;-,~r Page 4 of 9 / 3 200! L Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 3 6. Reevaluate the Noise Study: Consultant will reevaluate the noise study to accommodate and respond to public workshop comments. This will include performing additional noise monitoring as necessary. This will include preparation of memorandum of results, attending informational meetings and analyzing privacy wall options. The prime consultant for mana~i~'ng these services has added a 10% coordination fee. 7. NPDES Permitting: Consultant will prepare a U.S. Environmental Protection AgenCy-National Pollutant Discharge Elimination System (NPDES) permit application for the referenced roadway corridor. This will be coordinated as a final contrast document for inclusion in the 100°/6 final plans and in coordination with County Project Manager and select contractor. This will include development of a Pollution Prevention plan with the County and contractor. 8. Priyacy Wall Design Consultant will revise the plan and profile sheets to include a privacy wall. This will be added during the 90% plan review stage in the locations specifically directed by Collier County with the agreed upon wall cross section. This work will be very site specific and will need to be coordinated between the adjoining property owners, Collier County staffand the consultant so that the landscape, drainage and other plans accommodate it. Page 5 of 9 No. JUL 31 2001 Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 3 (Ir) As to the negotiated fees as compensation to the Consultant for additional services and related tasks/products. 1) Accommodate Pine Ridge Commons 2) Additional Public Meetings 3) New Dri-~eway Coordination 4) Landscape Design 5) Reevaluate Signaliz~on Plan 6) Reevaluate Noise Study 7) NPDES l%cmitting 8) Privacy Wall Design TOTAL MAXIMLrM ~EE AUTHORVZ&TION, TI~R S/A NO. 3 = $30,000.00 $35,000.00 $40,O0O.0O $25,000.00 $15,000.00 $1o, ooo.oo $10,000.O0 $35,000.00 $200,000.00 (1]I) As to thc financial/cost status of thc October 21, 1997 Agreement: (A) Original contract fee amount = 03) Maximum fee amount, S/A No. 1 = (+) (C) Maximum fee amount, S/A No. 2 = (+) 02)) Maximnm fee amount, S/A No. 3 = (+) $ 665,182.00 $ 100,000.00 $ 300,000.00 $ 200,000.00 REVISED AND CURRENT MAXIMUM CONTRACT FEE AMOUNT $1~265~182.00 As to the time of performance of Additional Services herein and the contract schedule time for project: (A) Time of performanceJcompletion of scope categories for Additional Services. 1. Begin subsequent to County's acceptance of the Consultants' Value En~neering Analysis Study, and subsequent County's approval of fee proposed by the Board of County Commissioners. Consultant is directed and authorized to immediately commence with Additional Services herein on the date of a written Notice to Proceed by County. Submit preliminary design status data and information to Owner as requested at 90% stages. 03) Time extension to Project time of performance Agreement. 1. Original contract time is: 540 calendar days pursuant to the October 21, 1997 Additional contract time granted by Owner to Consultant for total time. r~f nlanning: costing, negotiating, and finalizing the June 12, 1998 cost proposal, ~ad ~.~~~ performance of services under S/A No. 1 herein: (+) 120 calendar da~s. JUL 31 2901 Page 6 of 9 P~t. ~ Supplemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 3 3. Additional contract time granted by Owner to costing, negotiating, and finalizing services under S/A No. 2 herein: Consultant for total time of planning, this agreement, and for actual performance of (+) 506 calendar days. Additional time granted by owner to Consultant for total time of planning, costing, negotiating~and ~g this agreement, and for actual performance of services under S/A No. 3, herein: (+) 131 calendar days. o Revised and current contract time: 1~297 calendar days (complete final plans by 12/1/01). 6. Consultant shall adhere to the attached revised and updated Project achedule. Moreover, Project schedule updates shall be submitted to Owner on a periodic basis as specifically requested by Owner, but a firequency of no more than every 3 months. THE REVISED AND CURRENT MAXIM-LVM CONTRACT AMOUNT AS STATED ABOVE INCLUDES COSTS FOR OVERHEAD, FR~GE BENEFITS, OUT-OF-POCKET EXPENSES, PROFIT MARGIN AND ALL OTHER DIRECT AND INDIRECT COSTS AND EXPENSES. Except aa hereby supplemented, modified, amended or changed, all of the terms and conditions of said ori~nal Professional Services Agreement as previously amended by Supplemental Agreement No. 1 and Supplemental Agreement No. 2 shall remain in full force and effect. Page 7 of 9 JUL 3 1 2gl]l , P*,, q', ........ j Stk~plemental Agreement to Professional Services Agreement Project No. 60134 S/A No. 3 IN WITNESS WHEREOF, the pa~ties hereto have executed this Amendment to Professional Services Agreement for the Goodlette Frank Road Design the day ~nd year first written above. ,~ AS TO THE BOARD OF COUNTY COMMISSIONERS: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. James D. Carter, Ph.D, Chairman .~~ FORM AND LF_.GAL SUFFICIENCY: ATTEST: Dwight E. Brock By:. Deputy Clerk AS TO THE CONSULTANT: SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: Tffc4.~T wm~ss (NAM~ ~ SECOND WITNESS , SECOND wrrNESS (NAME · '-- IOH24'SON ENGINEERING, INC. By:~ STEVEN K. MORRISON, PRESIDENT (CORPORATE SEAL) Page 8 of 9 JUL 31 2001 Supplemental Agre~nent to Professional Services Agreement Project No. 60134 S/A No. 3 STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, th/s day personally appeared Steven IC Morrison to me well known audknown to be President, re~ectively, of the Corporation named in the foregoing Agreement and they severally acknowledged to and before me that they executed said Agreement on behalf of and in the name of said Corporation a~ such officers; that the seal affixed to said Agreement is the corporate seal of said Corporation and that it wu affixed thereto by due and regular Corporate authority;, that they are duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. INWITNESS. -~-,a WHEREO,~,~ hav~ hereto set my hand and affixed my official seal this /? - day of ~ , A.D., 2001 Page 9 of 9 JUL 31 ENGINEERING $~c5 19Q6 TO: ~ gllth FROM: C3~ris H~__ DATE: RE: July 9, 2001 Goodlette-Frank Road This memorandum is submitted to provide a draf~ .schedule for completin§ the raf~'eaeed proj~--t This is consistent with our previous disc~oun. Please review th~s draft schedule carefully and provide comments so that we may finaliv, e thi.~ to meet thc al~prt~ate project goals and deadlines. I Milestones ' [ Dates' 1.90% plans pubiic meeting. 7/19/01 2. 90% comments received, m 8/19/01 3. 100% plans submitted to County. 10/29/01 4. SP-WiVID/COE pramits issued. 1/07/02 5. Contract and bid documents completed. 2/04/02 6. Notice to proceed. 5/06/02 I believe thin provides a fair outline o£ the rcfen'cnced project If you have any comments or questions regarding th~s schedule or any modifications, please contact mc so that we may make the appropriate adjustments in thc schedule and stafiSng. Thank you for your time and consideration. CD~ cc: Joe Ebner . ,-- Dr~ Lo~n Laura Brady Ey~a Cash 2640 Golden Gate Parkway, Suite 106 · Naples, Florida 34105 ..... AC-~NDA I]'EM No. JUL 31 2001' ,, EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT AMONG COLLIER COUNTY, THE CITY OF NAPLES AND THE CITY OF NAPLES AIRPORT AUTHORITY FOR THE CONSTRUCTION AND MAINTENANCE OF ENTERPRISE AVENUE EXTENSION (fica TRANSFER STATION ROAD). OBJECTIVE: To present an Interlocal Agreement to the Board that will facilitate traffic flow among the Collier Park of Commerce, Naples Production Park, Airport Road and Livingston Road. CONSIDERATIONS: The Transportation Operations Department foresaw a need to interconnect the Collier Park of Commerce, Naples Production Park and Livingston Road as a result of the soon to be opened first phase of Livingston Road. Attachment No. 1 depicts the relationship among these elements of the transportation network. The new traffic signals at Livingston Road/Progress Avenue and Livingston Road/Enterprise Avenue will attract traffic from the Collier Park of Commerce and Airport Road vicinity. There is currently only one traffic signal serving the Collier Park of Commerce at Airport Road/North Horseshoe Drive/Progress Avenue. The addition of a new traffic signal at Airport Road/Enterprise Avenue/Transfer Station Road would provide an additional access to the industrial park if coupled with internal access to South Horseshoe Drive. Staff of the Transportation Operations Department has been working with the developer of the Collier Park of Commerce to provide these needed connections. Staff has also been working with the City of Naples Airport Authority (NAA) to provide an improved roadway along the transfer Station Road alignment for integration with the new developer-proposed connections to South Horseshoe Drive (Attachment No. 2). Because the NAA is a tenant of the City of Naples for the airport property, the City is also becoming a party to the proposed agreement. In essence, the agreement (Attachment No. 3) provides for the following major items: The City and the NAA will provide an easement along the Enterprise Avenue Extension (fka Transfer Station Road). Although the road has been in existence for several decades, there has never been any formal easement for maintenance. Collier County will design and build the roadway, drainage and traffic signal at its expense. The project is currently budgeted (Project No. ~, q !/19 ' _). NAA reserves the air rights over the roadway for the flight of aircraft. Collier County agrees to constrain the height of any structures that it may place within the easement to conform to FAA requirements. The ultimate benefit of this agreement is that the overall traffic circulation and emergency access will be greatly improved by the construction of this project. Both Livingston Road and the Collier Park of Commerce will have two access points along improved corridors. AA3END& ITEM JUL 3 1 2001 Pg. Executive Summary Approve an Interlocal Agreement Page 2 of 2 F FISCAL IMPACT: Funds in the amount of $400,000 are currently available in the Gas Tax und (313), GROWTH MANAGEMENT IMPACT: Improved traffic circulation is consistent with the Goals and Objectives of the Collier County Growth Management Plan. RECOMMENDATION: That the Board authorize the C,/hairman to execute the on ~ / agreement SUBMITTED BY: ~/// '~ / EdwF~ant'P~~/~Pti°nOperati°nsDirect°r DATE:--///,~/~J/OY/60 APPROVED BY: ,/ /z~~- ~ DATE: /,,/~/o/, Nol/malE. Feder, AICP, Transportation Administrator / / / Attachments' No' 1 - Area Map No. 2 - Sketch of new South Horseshoe Drive connector roadways No. 3 - Proposed Interlocal Agreement JUL 3 1 2001 i INTERLOCAL AGREEMENT AMONG COLLIER COUNTY, THE CITY OF NAPLES AND THE CITY OF NAPLES AIRPORT AUTHORITY THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and among COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and CITY OF NAPLES (hereinafter referred to as "City") whose mailing address is: City Hall, 735 8th Street South, Naples, Florida 34102, and CITY OF NAPLES AIRPORT AUTHORITY (hereinafter referred to as "Airport Authority") whose mailing address is: 160 Aviation Drive North, Naples, Florida 34104 for the intersection and roadway improvement along Enterprise Avenue and Airport-Pulling Road, (west of Airport- Pulling Road). A-K-A Transfer Station Road. RECITALS: WHEREAS, Transfer Station Road is within the boundaries of the City; and WHEREAS, Transfer Station Road is on property owned by the City and leased to the Airport Authority; and WHEREAS, the County, City and Airport Authority desire to: expand Transfer Station Road to a two-lane roadway including drainage improvement facilities and a sidewalk for a distance of approximately 3,100 feet from the west edge of the right-of- way of Airport-Pulling Road, more particularly described in the attached Exhibit "A"; to improve the intersection of Transfer Station Road and Airport-Pulling Road; and, to permit the developer of the East Naples Industrial Park, also known as the Collier Park of Commerce, to construct two roadway connections from South Horseshoe Drive to the expanded Transfer Station Road; and WHEREAS, it is agreed by the County, City, and Airport Authority that this Agreement is in the best interest of, and a substantial benefit to, the general public. WITNESSETH: NOW, THEREFORE,' in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, it is agreed by the parties as follows: 1. City shall convey to the County at no cost to the County a road right-of- way easement free and clear of all encumbrances and liens, within ninety days of the date of this Agreement. 2. County shall, at its own expense, complete the design work for the expansion of Transfer Station Road to a two-lane roadway, including drainage facilities, for a distance of approximately 3,100 feet from the west edge of the fight-of-way of Airport-Pulling Road and the intersection improvements. Prior to construction, the County shall provide a copy of the construction plans to the City and the Airport Authority for review and approval. 3. County shall, at its own expense, acquire any additional right-of-way needed from private property owners to expand Transfer Station Road to a two-lane roadway and to complete the intersection improvements. 4. County shall construct and/or install, at its sole expense, the expanded Transfer Station Road, the intersection improvements and a sidewalk located along the north side of Transfer Station Road for the full length of the expanded roadway pursuant to the County's construction plans. After construction of the expanded roadway, the County shall be responsible for maintenance of Transfer Station Road improvements. A'I'TACHMEN;r NO.. PAGE ,, 5. If required by the County, City shall cooperate in the issuance of any permits needed from the City for the two roadway connections to South Horseshoe Drive. 6. County expressly agrees for itself, its successors and assigns, to prevent any use of the hereinafter-described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. 7. County expressly agrees for itself, its successors and assigns, that the Airport Authority reserves unto itself, for the use and benefit of the public, a right of flight for the passage of aircraf~ in the airspace above the surface of the real property, more particularly described in the attached Exhibit "A", together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the s~iid airspace, and for use of said airspace for landing on, tak/ng off from or operating on the airport. 8. County expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as tocomply with Federal Aviation Regulations, Part 77. 9. This Agreement constitutes the entire understanding among the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 10. This Agreement may only be amended by written agreement of all parties. 11. Provided the expanded roadway has not been constructed, the County may terminate this Agreement at any time by giving the City and Airport Authority sixty days written notice. ATTACHMENT NO... -l~/~ t,~.'.'~ ] mE.,, -7 IN WITNESS WHEREOF, the parties hereto have ~aused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman (1) (2) Signature Printed/Typed Name Signature Printed/Typed Name CITY OF NAPLES By: Signature Bonnie MacKenzie, Mayor (Corporate Seal) CITY OF NAPLES AIRPORT AUTHORITY (1) Signature By: Signature Printed/Typed Name (2) Signature Eric West, Chairman (Corporate Seal) Printed/Typed Name I ATTACHMENT NO. . l/.~/~ ['~.'~ I PAGE '~'"*, OF Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Approved as to form and legal sufficiency: Frank Kowalski NAA Legal Counsel Updated: 6-7-01 ATTACHMENT 1 IAIIACHMENI' NO. It ~ ~ ~PAGE ~..____ OF ~ 1-~-~- page Ii of 2 Z ~mu EXHIBIT A Page 2 of-2 EXECUTIVE SUMMARY ADVISE BOARD Of COUNTY COMMISSIONERS OF REQUEST FOR LANDSCAPING MAINTENANCE AGREEMENT AMONG COLLIER COUNTY, THE CITY OF NAPLES AND THE ESTUARY AT GREY OAKS AND REQUEST APPROVAL OF EARLY START FOR CONSTRUCTION OF IMPROVEMENTS. OBJECTIVE: To provide background to the Board with respect to staff discussions with the Estuary at Grey Oaks developers regarding their provision of enhanced landscaping and sidewalk enhancements along Golden Gate Parkway and to request Board approval for an early construction start pending final reviews and approval of a long-term Maintenance Agreement. CONSIDERATIONS: There has been considerable discussion concerning the need to provide an enhanced landscaping treatment to the concrete wall recently erected along the north right-of- way of Golden Gate Parkway from Airport Road west to the Gordon River. The developers of the Estuary at Grey Oaks (the "Estuary") have agreed to add the enhanced landscaping. They also are proposing to replace the existing sidewalk with a more pleasing sidewalk that will curve along the road edge and provide for intermittent planting beds along the length of the roadway. This portion of Golden Gate Parkway lies within the corporate limits of the City of Naples as a consequence of the annexation of a portion of Grey Oaks and Bear's Paw Country Club. Therefore, the City of Naples would also be a party to the proposed Agreement. Staff has proposed making this request to both the Board of County Commissioners and City Council because of the overlapping jurisdictions. The developer is desirous of obtaining approval for the start of the work in advance of having an executed Maintenance Agreement for several reasons: 1) the sidewalk can be started immediately and provision can be made for sleeves for irrigation and electricity; 2) doing the work in the middle of summer will keep traffic disruption to a minimum; 3) the existing concrete wall is not especially attractive and the developer realizes that moving ahead quickly with the proposed enhanced landscaping will be in the public interest. Both Collier County and City of Naples staff have been involved in meetings with the developer and review of this proposal. A companion request will be brought before the Naples City Council on Wednesday, August 1. Staff anticipates that the final Maintenance Agreement can be brought back to the Board at the September 11 Meeting. It would be presented at the following City Council Meeting on September 19. FISCAL IMPACT: None at this time. The expense of all proposed construction and perpetual maintenance activities will be borne solely by the Estuary developer. GROWTH MANAGEMENT IMPACT: None Executive Summary Advise Board of County Commissioners of request for landscaping maintenance agreement Page 2 of 2 RECOMMENDATION: That the Board acknowledge the proposal for an Landscape Maintenance Agreement among Collier County, the City of Naples and the Estuary developer; agree to permit the developer to begin the construction work in advance of having the fully executed agreement; direct staff to continue to work with the developer to assure that the final agreement, the landscaping, an the sidewalk realignment are consistent with the Board's intent. E Transportation Operations Director / DATE: SUBMITTED BY: APPROVED BY: ~ ?f ~ , AICP, Transportation Administrator EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 2 TO THE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BY HOLE MONTES, INC. FOR IMMOKALEE ROAD SIX- LANING DESIGN FROM U.S. 41 TO 1-75, PROJECT NO. 66042. OBJECTIVE: To receive Board's approval of the negotiated Amendment No. 2 to the contract for Professional Engineering Services by Hole Montes, Inc. for the Immokalee Road design project. CONSIDERATION: On January 9, 2001 the Board approved the Contract for Professional Engineering Services with Hole Montes, Inc. for the Immokalee Road Six-Laning Design. On May 3, 2001, CH2M HILL completed a study, as directed by Florida Department of Transportation, which resulted in specific recommendations for improvements to the hnmokalee Road/I-75 Interchange in conjunction with Collier County's multi-lane upgrading of Immokalee Road. Therefore, Amendment No. 2 to this contract is necessary to provide additional design services for the recommended Interchange improvements. It is anticipated that this design will be completed in two hundred twenty-five (225) days for a total cost of $253,647.00. (~ISCAL .IMPACT: Funds in the amount of $212,000 are available in the Road Construction Gas KY Tax Fund. A budget amendment is needed to transfer $42,000 from Road the Road Construction Gas Tax Reserves and appropriate in the project. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 66042) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract and authorize the Chairman to sign the standard County Professional Services Agreement and approve the necessary budget amendment. ~ ~V~ DATE: SUBMITTED L~~.g~orp;' P.E., Project Manager Dale A. Bathon, Senior Project Manager Stephen L. Miller, Director, T.E.C.M. Norman Feder, Administrator Transportation Division DATE: AGENDb, ITEM JUL 3 1 2001 Pg. [ ~ Project 66042 S/A No. 2 IMMOKALEE ROAD SIX-LANING DESIGN PROJECT AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT This Amenclment No, 2. to the Agreement (hereinafter referred to as the '"AGREEMENT") is made and entered into this ~ day of ,2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is 6202-F Presidential Court, Fort Myers, Fl., 33919-3522 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, COUNTY and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Immokalee Road Six~Laning Design Project, Project No. 66042, the COUNTY desires to modify the terms of said AGREEMENT, and towards that end it is necessary to provide additional design services for the Project, said services more fully described in said Amendments thereto; and WHEREAS, COUNTY and CONSULTANT agree the addition for the lmmokalee Road Six-Laning Design Project, to the services being contemplated under said AGREEMENT are necessary;, and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants ar Page 1 of 3 AGENDA ITEM JUL 3 I 2001 conta/ned herein, parties agree as follows: Project 66042 S/A No. 2 ARTICLE ONE 1. CONSULTANT shall provide to COUNTY Professional Engineering services in accordance with Schedule "A" of this Amendment; as attached hereto. COUNTY agrees to compensate CONSULTANT for ser¢Sces rendered hereunder as prescribed in "Man-Hour & Cost Summary", as outlined in said AGREEMENT and Schedule "B". Contract fee adjustments: 2.1 Original maximum contract fee = $1,973,375.00 2.2 S/A No. 1 =$ 9,000.00 2.3 S/A No .2 =$ 253,647.00 New Contract Fee = $2,236,022.00 4 The schedule for said PROJECT for Professional Engineering Services for the Immokalee Road Design Project shall be completed in two hundred twenty- five (225) days from the Notice to Proceed. The AGREEMENT, as amended, shall remain in full force and effect. AGENDA ITEM No. J U L 3 'l .1]111 pg. Page 2 of 3 Project 66042 S/A No. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Immokalee Road Construction Project the day and year first written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Dwight E. Brock, Clerk By: James D. Carter, Ph.D., Chairman 'Approved as to form and legal sufficiency: Assistant Cou~Xttomey Wimess Witness By: Hole Montes, Inc. Robert L. Mj~a~.E. Senior VicCeq~resident (CORPORATE SEAL) Page 3 of 3 AGENDA I"I:EM JUL 31 2.001 Pg. HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS July 11,2001 6202-F Presidential Court. Fort Myers, Fi0rida 33919. Phone: 941.985.1200 · Fax: 941.985.1259 Mr. Lynn Thorpe, P.E. Collier County Transportation Engineering and Construction Management Department 2675 South Horseshoe Drive Suite 401 Naples, FL 34104 Re: Immokalee Road 6-Laning Improvements Via Courier 1-75 to Northbrooke Drive (Phase Ii) Proposed Supplemental Agreement No. 2 Collier County Project No. 66042 HM Project 2000.067 Dear Mr. Thorpe: Enclosed are the following documents (as revised) your review and consideration regarding proposed Supplemental Agreement No. 2 which will authorize the design of improvements to Immokalee Road at its intersection with 1-75, including improvements to the southbound off and on ramps and the northbound on ramp. The basis for these improvements is the Technical Memorandum dated May 3, 2001 which was prepared by CH2MHill for the Flodda Department of Transportation. · SCHEDULE A - Scope of Services · SCHEDULE B, ATTACHEMENT A- Schedule of Fees for Basic Services · SCHEDULE B, ATTACHEMENT B - Employee Hourly Rate Schedule · SCHEDULE B, ATTACHEMENT C -Consultant's Estimate of Additional Services · SCHEDULE C- Project Schedule · Signed, sealed and witnessed PSA document (2 originals) It is our understanding that the Phase II segment of the project will be a separate and distinct construction contract from Phase I. Coordination of designs by others of improvements to Immokalee Road and the Northbrooke Drive area will be required. If you have any questions or require further information, please call. Yours very truly, HOLE MONTES, IN . . WALTER F. GIL~ PROJECT MANAGEPJASSOCIATE WG/dd Enclosures cc: Robert L. Murray, P.E. David W. Dowling, P.E. W:~000'x2000067\gcope~SCOPE-i75\lt010711 ltr.doc Naples · Fort Myers · Venice. Enolew0od AGENDA ITEM JUL 31 2001 SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 TABLE OF CONTENTS 1.00 PROJECT OBJECTIVE AND DESCRIPTION 2.00 PROJECT PHASING AND DESIGN LIMITS 3.00 4.00 QUALIFICATIONS DURING TERM OF SERVICES BASIC SERVICES - SCOPE AND RESPONSIBILITY REQUIREMENTS 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 4.12 4.13' 4.14' 4.15 4.16 4.17 4.18 4.19 Project Schedule Design, Construction Plans and Bidding Documents Plans and Design Submittals Design Survey Subsurface Investigation Utility Coordination Drainage Requirements Environmental and Operational Permits Coordination of Design within Project Limits Traffic Analysis Highway Lighting Maintenance of Traffic Plan Preparation Signing and Pavement Markings Signalization VACANT Sidewalk Right-of-Way Requirements Landscaping (not included) Construction Cost 5.00 PLANS PREPARATION, ENDORSEMENT AND OWNERSHIP 6.00 MILESTONE DATES 7.00 - POST DESIGN SERVICES 8.00 MINIMUM PLAN REVIEW CONTENT 9.00 COST PROPOSAL. 10.00 SUBCONTRACT SERVICES 11.00 12.00 NOTICE TO PROCEED MEETING EXPERT WITNESS TESTIMONY W:~2000X2000067~SeopeXSCOPE-I75 ~ImmokaleeSchedAI75 DesignScope.doc AGENDA ITEM JUL 3 1 2001 1.00 SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 PROJECT OBJECTIVE AND DESCRIPTION 1.01 Services required of the CONSULTANT involve furnishing, providing, and performing engineering analysis, design, plan preparation, contract bid documents as per Subarticle 4.02.3 and permitting services in connection with planned six-laning improvements to Immokalee Road (County Road 846), between the southbound off and on ramps to 1-75 and to a point approximately 1,000 feet west of Northbrooke Drive, a distance of approximately 0.5 miles. For the purposes of this project, this segment of Immokalee Road between 1-75 and Northbrooke Drive (approximately 0.5 miles) shall be known as Phase II. The Phase II improvements shall include improvements to the southbound on and off ramps to 1-75 and to the northbound on ramp to 1-75. The design shall include a sidewalk along the south side oflmmokalee Road which shall connect to existing or proposed sidewalks at each end of the Phase II project limits. A sidewalk along the north side of Immokalee Road is not included in this scope. Improvements to the northbound off ramp for 1-75 and improvements to Immokalee Road beyond the eastern limit of the Phase II project shall be designed by others. This scope is based on submitting the contract bid documents as one distinct and complete project for Phase II only. The cost associated with separating and/or combining Phase I or Phase II into various construction segments or additional phases, if required, is not included in this scope, and shall be negotiated as a supplemental agreement. The design shall be based on the document entitled "Final Technical Memorandum, Districtwide System Planning for Florida Interstate Highway System, Interstate 75 Interchange at Immokalee Road (C.R. 846), Planning Interchange Study", prepared by CH2MHill, dated May 3, 2001. The design shall be coordinated w/th the design of others. Modifications to the existing 1-75 bridge over Immokalee Road are not included in the scope of services except as necessary to construct a sidewalk under the bridge along the south side of Immokalee Road. 1.02 The Phase 11 improvements shall be designed by the CONSULTANT upon receipt of a written Notice-to-Proceed (NTP) with services to be issued by the COUNTY as more particularly described herein. It is expected that the Phase II improvements will be designed within the existing public right-of-way and within additional dedicated rights-of-way or easements as may be described herein or as subsequently determined by CONSULTANT to be required and to be obtained by the COUNTY during performance of services. 2.00 PROJECT PHASING AND DESIGN LIMITS CONSULTANT shall provide professional consulting services to the COUNTY, consisting of one (1) distinct Phase II, hereinafter known as the "Project." 3.00 QUALIFICATIONS DURING TERM OF SERVICES The CONSULTANT shall provide all engineering services for the Project, in accordance with and of a quality meeting the minimum design standards established by the Colher County Transportation Engineering and Construction Management Department. · 4.00 BASIC SERVICES -SCOPE AND RESPONSIBII.ITY REQUIREMENTS W:',g000'O.000067~Scope',SCOPE-175'qLmmokaleeSchedAI75 DesignScope.doc 2 AGENDA ITEM No.~~_~_ JUL 3 I 2001 SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 The CONSULTANT will provide the following customary basic services for the Project: 4.01 Project Schedule The CONSULTANT shall prepare, furnish and maintain on a monthly basis a bar chart schedule, incorporated herein by reference as Schedule C for the project design services. In preparing the bar chart schedule, the scheduling of all design activities shall be the responsibility of the CONSULTANT, with the exception that the establishment of certain critical milestone dates shall be the responsibility of the COUNTY as described herein. 4.02 Design, Construction Plans and Bidding Documents 4.02.1 Subject plans shall include design and construction requirements for Phase II improvements; drainage modifications and new drainage structures and improvements; water quality detention and/or retention systems as applicable; signing and pavement markings; additional right-of-way and/or easements; signalization; lighting; and other incidental design items within the Project limits. The above designs and plans shall be prepared in accordance with current standards adopted by the American Association of State Highway and Transportation Officials, the Florida Department of Transportation, the Collier County Transportation Engineering and Construction Management Depm-m~ent (TECMD), as listed hereinafter or as will be made known to the CONSULTANT during performance of all services for the Project. 4.02.2 Specific design and construction references, aids and standards shall include, but will not necessarily be limited to, the materials listed below. These design reference materials shall be the latest edition materials in effect at the time of Notice to Proceed of the Services Agreement for Project 66042. a) Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (Florida Green Book) b) FDOT Plans Preparation Manual c) FDOT Procedures Manual for Flexible Pavement Design d) FDOT Drainage Manual (volumes 1-4) e) FDOT Right-of-Way Engineering Manual f) FDOT Basis of Estimates and Computations Manual g) FDOT Standard Specifications for Road and Bridge Construction h) Manual on Uniform Traffic Control Devices i) Roadway Design Standards Manual j) Utility Manual (Volume I - Utilities); and AWWA Standards k) AASHTO Policy on Design of Urban Highways and Arterial Streets 3 W:~2000~2000067~ScopeXSCOPE-175klmmokalee SchedAl75DesignScope.doc AGENDA ITEM No. ,, ~.~'~ JUL 3 1 2001 SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase H - 1-75 to Northbrooke Drive) Collier County Project Number 66042 1) Geometric Design Guide for Local Roads and Streets m) Public Rights-of-Way Construction Standards Handbook (1982 edition, Collier County Ordinance 82-91 as amended) n) Soils and Foundations (procedures) o) Utility Accommodation Guide p) Warrants for Temporary Positive Barriers in Highway Work Areas q) Collier County Utilities Division Utility Standards and Procedures Manual r) AASHTO Standard Specifications for Highway Bridges s) AASHTO Guide for Selecting, Locating, and Designing Traffic Barriers t) A Policy for Access Control Management for Arterial and Collector Roadways in Collier County (Collier County Resolution 01-247) u) Collier County "Technical Special Provisions for Traffic Signal Installati°n and Maintenance" 4.02.3 Subject contract bidding documents will be assembled by COUNTY's TECM Department. Minimum content for roadway contract bidding documents shall be as follows: To be prepared by the COUNTY; a) Advertisement for Bids (legal notice) b) Instructions to Bidders c) Bid Bond d) Contract Form e) Contractor's Guarantee f) Contractor's Affidavit and Release of All Claims g) Certificate of Corporate Principal h) Contractor's Payment and Performance Bond To be supplied by the CONSULTANT: a) Special Provisions b) Technical Specifications c) Special Drawings, Sketches, Charts d) Environmental and Operational Permits W:~2000~000067~S cope~SCOPE475'~ImmokaleeSchedA175 DesignScope.doc 4 AGENDA ITEM JUL 3.1 2001 Pg. q SCItEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase H - 1-75 to Northbrooke Drive) Collier County Project Number 66042 e) t) Selected Soils Data and Information Contract Plans, including the following categories: - Roadway Plans - Signing and Pavement Marldng Plans - Maintenance of Traffic Plans - Signalization Plans - Lighting Plans - Bridge Plans (if required) - County Utility Plans g) Bid Form h) Project Sign Details 4.03 Plans and Design Submittals 4.03.1 Review Plans: All plans submitted to the COUNTY for the purpose of review may be 11-inch x 17-inch in size and shall be to the scale shown in Section 4.03.2.1. During the design stage, the CONSULTANT shall submit the following: a) Four (4) sets of progress plans for review by the COUNTY and two (2) sets of progress plans for review by the Florida Department of Transportation Southwest Area Office at 30%, 60%, 90% and 100% completion intervals. b) One (1) set of plans for each affected utilities at 30%, 60% and 100% design completion intervals only. Utilities that might be affected include Collier County Utihties, Sprint Communications, Florida Power and Light, AT&T, Median One, People's Gas, and Time Warner, and any other affected utility at the time of submittal. 4.03.2 Final Plans: All final design plans shall be 24-inch x 36-inch in size and all adopted scales shall be as outlined under Subarticle 4.03.2.1. The CONSULTANT shall submit the following final plans for the Project: a) one (I) set of original mylar drawings. b) One (1) set of blueline prints signed and sealed in accordance with applicable Florida Statutes. 4.03.2.1 Plan Scales (at 11" x 17" sheet size) Description Horizontal Scale Vertical Scale a) Drainage Map Sheet(s) b) Typical Section Sheet(s) c) Roadway Plan & Profile Sheets W:X2000~2000067~copeXSCOPE-175~[mmokaleeSehedAI75 Design Sc°pe.d°c 1 inch = 400 feet 1 inch =20 feet 1 inch = 40 feet N/A N/A JUL 3 I 2001 SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 d) Intersection Detail Sheets e) Cross-Section Sheets f) Drainage Structures Sheets g) Traffic Control Plans h) Signing & Pavement Marking Plans i) Signalization Plans j) Lighting Plans 1 inch = 20 feet N/A 1 inch =20 feet 1 inch = 10 feet 1 inch =20 feet 1 inch = 10 feet 1 inch = 80 feet N/A 1 inch = 40 feet N/A 1 inch = 20 feet N/A 1 inch = 40 feet N/A All sheets will be prepared per listed format. Any changes to the proposed format shall be negotiated as a supplemental agreement. 4.03.3 Design Computation Documents: All of the following record documents shall be submitted to the COUNTY by CONSULTANT or Sub-Consultant as applicable at the time of final acceptance or otherwise as noted elsewhere in this scope of services document, bound in an 8-1/2-inch x 11-inch format or as to the satisfaction of the COUNTY. All review comments made on design documents or reports submitted as listed below shall be accommodated for and such documents or reports shall be resubmitted to COUNTY at the following design interval submittal date as requested. All plans, specifications, and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the COUNTY and shall be made available, upon request, to the COUNTY at any time. Submittals of design computations shall include: a) Two (2) copies of Technical Memorandum that list design criteria that CONSULTANT will be utilizing during plans development of the Project two weeks after NTP date. b) Two (2) copies of quantity computation book in FDOT style computahon format at 100% design interval. c) Two (2) copies, signed and sealed, of survey field notes at 100% design interval. d) Two (2) copies, signed and sealed, of Geotechnical Services: Report at 60% design interval. e) Two (2) copies, signed and sealed, of design computations that shall include, but not necessarily be limited to drainage design, horizontal and vertical alignments design pavement design, water spread calculations over pavement, guardrail locations and concrete barrier walls at 100% design interval. f) Two (2) copies of traffic study at 30% design interval. g) One (1) copy of bid documents as outlined under Subarticle 4.02.3 100% d, h) One (1) copy of probable construction cost estimates at 30%, 60%, 90%, ~ intervals. 6 W:~000X2000067XScope~SCOPE-175XlmmokaleeSchedAI75DesignScope.doc sl~-~~A iTEM I 1 ~d 10~o'deslg~ JUL 3 1 001/ SCHEDULE A Scope of Services Immokalee Road Six~Laning Improvements Supplemental Agreement No. 2 ( Phase H - 1-75 to Northbrooke Drive) Collier County Project Number 66042 i) One (1) copy of Autocad drawing files for the "Project" at the 100% design interval on CD. j) One (1) copy of required environmental permit application for the Project as listed under Article 4.08 of this scope of services at 60% design interval and as subsequently amended due to permitting agencies reviews. k) Project correspondence required to document design decisions reached during development of the plans at each design review interval as applicable. 4.04 Design Survey Conduct an existing-condition field survey of existing ground conditions within the project limits. The field survey shall be limited to areas bounded by the existing or proposed north and south right-of-way lines to intersections affected by planned six-laning improvements. The survey data shall include stationing, existing grades, and offset distances left or right of the centerline construction and/or baseline survey. Existing storm sewer facilities, which will be affected by the six-laning improvements, shall also be surveyed to include grate elevations, flow-line grades, invert elevations, and any other data useful for the drainage designs. Conduct survey of existing utility facilities at grade and below ground where conflicts occur with proposed Project improvements, within the limits described in the preceding paragraph of this Article. The survey data shall be shown on the construction plans, and shall include station location and offset distances left or right of the centerline of construction or survey baseline. Existing survey of utilities shall include, but not necessarily limited to, Collier County Utilities Department, Sprint Communications, Florida Power and Light, AT&T, Median One, People's Gas, and Time Warner. Utility information secured directly from the above utility owners and the COUNTY shall also be shown in the plans. Below grade survey of utility facihties shall be conducted by "pot holing" at conflict points. "Pot holing" shall be the responsibility of the affected utility. The following field survey tasks shall be performed by the CONSULTANT: 4.04.1 Survey Baseline: The CONSULTANT shall establish a baseline of survey. This survey baseline shall be referenced as deemed necessary by the CONSULTANT. 4.04.2 Topography: After establishing the survey baseline, the CONSULTANT shall perform a topographic survey tying in all topography on both sides of the baseline of survey, and within the limits set at the beginning of Article 4.05. 4.04.3 Vertical Control Survey: 4.04.4 Roadway Cross-Sections: Establish a permanent benchmark system on the baseline control line or along other alignments and/or locations. All benchmarks shall be set at intervals not exceeding 1,000 feet. ~ ~C4~t' ~"~ g.,~' A ~,~-' kM- ~-- W:k2000X2000067~Scop¢~SCOPE-I75\ImmokaleeSchedAI75DesignScop¢-doc SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase H - 1-75 to Northbrooke Drive) Collier County Project Number 66042 Cross-sections shall be taken at 100-foot intervals (maximum) along the centerline and at intermediate intervals at significant break-points in the profile of the survey line, as required to identify topographic features. 4.04.5 Intersection Surveys The CONSULTANT shall survey all intersecting streets and driveways along the PROJECT. The survey shall consist of alignment, topography, cross-sections, utilities and an angle-station tie to the PROJECT survey line. 4.04.6 Utilities: The CONSULTANT shall locate major utilities on the PROJECT (above or below ground surface), within the area of improvement, including elevations of underground utilities. (This does not include physical location, e.g., "pot holing" which shall be the responsibility of the individual utility owner.) 4.04.7 Centerline Referencing: CONSULTANT shall reference important points along the survey baseline to perpetuate the alignment. 4.04.8 Aerial Photography and Digital Planimetric Mapping During preliminary design for Phase I, aerial photography and digital planimetric mapping was acquired for the Phase II project area. The date of the photography is February 21, 2001. 4.04.9 Jurisdictional Wetland Lines' It is not anticipated that a survey of jurisdictional wetland lines within and immediately adjacent to the project for preparation 0f wetland maps for environmental permit application purposes w/Il be required. 4.05 Subsurface Investigation Conduct subsoil tests and furnish data for roadway. Borings, samples, and tests will be performed in accordance with the Florida Department of Transportation Soils and Foundations Manual. The resultant data and a listing of the classification for the various strata obtained as part of the soil borings testing will be shown on the roadway cross-section sheets. A soil survey sheet, showing the table of classification for the various strata and recommendations for undercutting and site preparation shall be included. If muck is encountered, a recommendation and plan for de-mucking shall be prepared. The results of field samples and testing, and the recommendations for roadway construction shall be included in a separate formal geotechnical report as indicated below. Geotechnical investigations of existing subsurface conditions will be analyzed by the CONSULTANT and shall serve as the basis for roadway embankment construction, subgrade preparation, and to establish geotechnical design criteria and parameters. AGENDA ITEM 4.05.1 Soil Auger Borings: No._[,_~ JUL 3 1 2001 8 W:X2000',2000067~Scope~SCOPE-I75 XlmmokaleeSchedAI75 DesignScope.doc SCI-IEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase H - 1-75 to Northbrooke Drive) Collier County Project Number 66042 Auger borings shall be performed at 200-foot intervals along the proposed roadway improvements for purposes of determining soil characteristics, unsuitable materials, and ground water levels for both roadway and drainage design applications. The depth of borings shall be a minimum of 5 feet. 4.05.2 The CONSULTANT shall prepare and submit two (2) copies signed and sealed of geotechnical report upon completion of the subsurface investigation and analysis stating recommendations for roadway preparation. This report shall include all pertinent field site data boring logs, sketches, LBR test information and other information pursuant to the Florida Department of Transportation Soils and Foundations Manual. The evaluation will include specific discussions regarding undercutting of deleterious material, effect of groundwater conditions, identification of materials encountered and use of each stratum, for use in the construction phase. 4.05.3 Evaluation of Existing Pavement The CONSULTANT shall perform a structural pavement analysis of the existing roadway. The purpose of this analysis, consisting of field pavement cores and engineering evaluation, is to determine the thickness and strength of existing limerock base, stabilized sub-grade, and roadbed materials (embankment). Pavement cores shall be performed at 500-foot intervals along alternate existing lanes. The CONSULTANT shall draf~ the boring logs on the original cross-section sheets. Also, a geotechnical memorandum shall be prepared summarizing the above findings and recommendations on pavement removal, reconstruction, or rehabilitation alternatives. 4.05.4 VACANT 4.05.5 Laboratory Tests: Testing of soil samples obtained from the borings shall include: 1. Up to one (1) limerock bearing ratio test 2. Up to four (4) sieve analysis 3. Up to two (2) organic content tests W :X2000k2000067~Scope~SCOPE-I75XlmmokaleeSch~lA175DesignScop~.do¢ 4.06 Utility Coordination and Design of County Utilities 4.06.1 The CONSULTANT shall conduct a predesign conference meeting, if needed, with affected utility owners and COUNTY representatives for the Project. The time of such meeting should take place after the COUNTY adopts the roadway typical section. During the time specified elsewhere herein for the Project, the COUNTY will coordinate all Project designs with those utility owners that may have a direct or indirect interest in the Project. These coordination efforts shall consist of telephonic contacts and inquiries, exchange of written correspondence, meetings, exchange and submission of respective utility and Project designs and plans, and evaluation and design coordination to effectuate cost-effective Project improvements resulting from conflicts with existing and planned utility facilities. 4.06.2 The CONSULTANT is not required to perform, provide, and furnish utility engineering, design, and plan preparation services for those private and public utility facilities enumerated ,_hr,,~ with tho ._ - exception of that indicated in 4.06.3 and that CONSULTANT shall show all existing: nd pla~~EM facilities made known to the CONSULTANT by said private and public utility owner, on tl~~~ 9 3U k 3 1 2001 SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 Adjustment Plans. The Consultant shall prepare Utility Adjustment Plans and identify utilities to remain and those to be relocated only. The Consultant shall not be responsible for designing the relocations or any new utilities within the project limits. The existing utility information shall be secured by CONSULTANT from field location surveys and from plans furnished to CONSULTANT by affected utility owners.. Also, CONSULTANT shall be responsible for coordinating all conflict points between proposed drainage improvements and existing utilities and shall, if necessary, design the drainage modifications to eliminate those conflicts. It is understood that Collier County utilities are located along Immokalee Road through the project area and consist of a 20" sanitary force main (south side), a 20" potable water main (north side) and a 24" reclaimed water main (median). Included in this scope of services is the provision to provide split casings to extend the protection of these utilities, if required. Utility designs to relocate these facilities are not included in this scope of services. 4.07 Drainage Design Requirements: The Project drainage improvements shall be designed and constructed within existing and proposed roadway rights-of-way, and/or any offsite facilities required for water quality attenuation of storm event. 4.07.1 Proposed roadway drainage conveyance system shall be a closed system within and adjacent to the Project limits. Overland runoff fi.om upland properties shall be considered in the final roadway drainage design. 4.07.2 CONSULTANT shall prepare a preliminary surface water management report and make drainage design recommendations to the COUNTY concerning the water quality and attenuation systems to be utilized for the project with the goal of eliminating the further use of the water quality swales located between the north side of the existing roadway and the south side of the Cocohatchee Canal. This report shall be submitted at the 30% submittal stage. Once the treatment and attenuation system is approved by the COUNTY, any changes to the system, requested by the COUNTY, shall be negotiated as a supplemental agreement and will include any other affected work. 4.07.3 The CONSULTANT shall determine drainage areas contributory to the Project and will show such information on the drainage maps and construction plans. 4.07.4 CONSULTANT shall submit a list of drainage design criteria for COUNI~s approval prior to commencing with final drainage design activities, as outhned under Article 4.03.3 Item (a). 4.07.5 The CONSULTANT shall coordinate the matter of peak attenuation design, water quality design, and permitting requirements during preliminary roadway design tasks with SFWMD and any other agency having jurisdiction in Project area. The CONSULTANT shall hold coordination meetings with the COUNTY and SFWMD for this task. If, as a result of this coordination the SFWMD requires water quality and quantity facilities in addition to those anticipated in this scope of work, the CONSULTANT may petition the COUNTY to negotiate the CONSULTANT'S design fee for such additional facilities in accordance with the provisions for Additional Services of Consultant, Article 2 of the Ag[eement. AGENDA ITEM 4.07.6 The CONSULTANT shall prepare requisite stormwater permit applications, i~ accot~.nce with Chapter 17-25 (Regulation of Stormwater Discharge, Florida Administrative Code) an 10 W:~2000~OOOO67~Scope~SCOPE-175\ImmokaleeSchedA175DesignScope.doc I Chapter~-z[0E~ ,~ j SCFIF~DULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 and 40E-40 of SFWMD. Upon securing COUNTY approval, thc CONSULTANT shall make direct submissions to said agency and shall perform subsequent required evaluations, coordination, and follow-up services. The COUNTY will review the permit applications, as necessary, and the CONSULTANT will administer the agency review process. Services required of the CONSULTANT for the SFWMD permit application shall include preparation of exhibits, drawings, sketches, and other design information and data, in order to satisfy minimum requirements of said agency. The COUNTY shall pay the fees associated with such permits. 4.08 Environmental Permitting Environmental permitting is not anticipated since the Phase II project is not anticipated to extend beyond the limits of the existing fight-of-way. 4.09 Coordination of Design Within Project Limits: 4.09.1 Design services specified herein shall include pavement widening and transitions at all existing streets, driveway connections and turnouts, which intersect Immokalee Road. All private and public roads and driveways which intersect Immokalee Road shall be widened and/or reconstructed within the limits of the existing and/or additional rights-of-way. Widening and/or reconstruction of existing side streets, driveways, and turnouts to a distance deemed necessary by the CONSULTANT and the COUNTY in order to provide a safe and cost-effective transition. 4.09.2 VACANT 4.09.3 VACANT 4.09.4 To the extent necessary for CONSULTANT'S performance of services and upon request from CONSULTANT in accordance with Paragraph 3.3 of the Agreement, the COUNTY will provide all available record data, information, plans, right-of-way permits, etc. relating to adjacent land developments (existing and proposed). 4.10 Traffic Studies/Analysis Requirements: The CONSULTANT is required to perform a traffic study for the Project. Support traffic data and information shall be provided to CONSULTANT by the COUNTY and shall consist of accident reports and/or collision diagrams. The COUNTY has provided to the CONSULTANT, the draft report entitled "Technical Memorandum, Interstate 75 Interchange at Immokalee Road (C.R. 846), Planning Interchange Study, Collier County Florida", dated May 3, 2001, prepared by CH2M Hill for the Florida Department of Transportation. It is anticipated by the CONSULTANT that the contents of the technical memorandum, the support data to be provided by the COUNTY, the information previously obtained by the CONSULTANT under Phase I and information to be obtained by the CONSULTANT for Phase Il will be sufficient to pcmfit CONSULTANT to proceed with and complete all pavement designs, and turn lane geometric designs for the Project. The CONSULTANT shall review and evaluate all such information and data for applicability and, on the basis and resultant conclusions by CONSULT, from the COUNTY, shall establish fmal design requirements and shall proceed with all plthr~.preparat~on requirements. J0[ 1 2001 11 pg. [¢ ,.~ W:~2000~2000067~ScopcXSCOPE-I75XlmmokaleeSchedAi75DesignScope.doc SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase H - 1-75 to Northbrooke Drive) Collier County Project Number 66042 The traffic study for Immokalee Road Phase II shall be the responsibility of the CONSULTANT, and shall be limited to the Phase II segment of the project. The purpose of such study is to supplement the Technical Memorandum prepared for the Phase I portion of the project. Additional traffic counts for Phase II are not included in the scope of services. 4.11 Highway Lighting: The Project design and plan preparation shall include highway lighting design for the Project only to the extent necessary to modify existing highway lighting within the limits of the Phase II project. Modifications to high mast lighting at the interchange is not included in this scope of services. 4.12 Maintenance of Traffic Plan Preparation: The CONSULTANT shall prepare a detailed Maintenance of Traffic (MOT) Plan to provide for safe and efficient traffic flow over the roadway during construction. The MOT plan will be developed using the procedure outlined in Chapter 10, Section 10.5 of the FDOT Plans Preparation Manual, Volume I - English, January 2000. The MOT Plan will indicate maintenance of traffic requirements during construction and will not be a construction phasing plan. Although anticipated construction phasing will be considered when developing the MOT plan, the primary emphasis will be safety, traffic flow, maintaimng capacity and minimizing impacts to adjacent properties and businesses. The actual construction phasing will be the responsibility of the contractor. The plan will be based on maintaining the existing roadway capacity (two lanes in each direction) during peak hours. This task shall include the identification of areas of concern, conceptual design, development of preliminary MOT drawings, preparation of detailed Traffic Control Plans and quantity take-offs for all phases of the MOT Plan. The MOT plan will be enhanced through the use of notes, typical sections and FDOT Index drawings. However, it is anticipated that at a minimum, the final MOT plans will include typical sections with phasing notes, general notes, plan sheets and sheets showing general and specific details needed for the MOT plan. 4.13 Signing and Pavement Markings: The Project design services shall include the design and plan preparation for customary ground mounted signing and pavement markings as applicable including the interstate ramps, as appropriate. This may include, if necessary, new sign panels to be mounted on existing bridge mounted sign supports. This scope of services does not include new overhead sign structures (cantilever, span mounted or bridge mounted). Should new overhead sign structures be required, the task and fee shall be negotiated as a supplemental agreement. 4.14 Signalization The Project design services shall include the design and plan preparation for signal interconnect required between the Strand and Northbrooke Drive and for signalization design or modification to existing signals at the ramp terminals. Interconnect shall be fiber optic compatible. Existing signal "As-Builts" shall be provided to the CONSULTANT by the COUNTY. Signal timings for new or mod shall be the responsibility of the CONSULTANT. 4.15 VACANT 12 W:~2000x2000067~ScopeXSCOPE-I75XlmmokaleeSchedA175DesignScope.doc J O k 3 1 001 SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 4.16 Sidewalk The project design scope of services includes modifications to the south abutment slope of the existing 1- 75 bridge over Immokalee Road to accommodate a sidewalk along the south side of Immokalee Road. A sidewalk along the north side of Immokalee Road is not included nor are any other modifications to the existing 1-75 bridge. 4.17 Right-of--Way Requirements 4.17.1 The acquisition of additional fight-of-way is not anticipated. 4.18 Landscaping Landscape design for plantings, buffers, berms or other landscaping elements is not included in this scope of services. However, the location of irrigation sleeves will be shown on the plans. The plan locations and sleeve materials and sizes will be provided by the COUNTY. Also, special traffic separators, where required by the COUNTY, will be shown on the plans in accordance with a detail to be provided by the COUNTY and will consist of curb and brick pavers. 4.19 Construction Cost: Prepare a certified engineers' estimate of probable construction cost in accordance with Paragraph 1.9 of the Agreement, and as outlined under Article 4.03.3(h). 5.00 5.01 PLANS PREPARATION. ENDORSEMENT AND OWNERSHIP All plan/profile sheets, except key sheets, shall have a standard CONSULTANT title block across the bottom of the sheet. 5.02 All final plans, documents, reports, studies and other data prepared by the CONSULTANT and/or its subconsultants will bear the signature and seal of the CONSULTANT's record engineer or the applicable design engineer who shall be duly registered in the appropriate professional category. 5.03 After the COUNTY's acceptance of f'mal plans and documents and in accordance with Article 6 of the Agreement, the original set of mylar drawings, will be provided to the COUNTY along with one record set of full size prints. The CONSULTANT shall signify, by affixing an endorsement (seal/signature, as appropriate) on the record set, that the work shown on the endorsed sheets was produced by the CONSULTANT. 6.00 MILESTONE DATES 6.01 The design and plan preparation services for the Project must be completed in their entirety °n °r before the 225 calendar day after the effective Notice-to-Proceed date issued for the Project. Design milestone dates are listed hereinafter. ..... rm ceofall e°;"''''~ ..... ,,.~.,i.,, 6.02 W~thin the 225 calendar-day Ume period spemfied for perfo an 1[l~ _.~._ [>,-d~s;-,-~ ,~-~ and permitting services, the CONSLrLTANT shall subm/t review plans and accon]pan~~a! . at the 30%, 60%, 90%, and 100% design status activity intervals. These submissiqns arc!~- JUL 3 1 2001 / Pg._ / / W:~.000~200006?~Scope~SCO?E-~?$\knmok~teeSchecLM?$D~si~Scope.doc SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase H - 1-75 to Northbrooke Drive) Collier County Project Number 66042 shall be reviewed by the COUNTY in accordance with the schedule submittal dates shown under Article 6.03 below. 6.03 Project design status submittals shall be done as follows: 6.03.1 30% Design Status: Submit no later than 90 calendar days after effective Notice-to-Proceed date for the Project. 6.03.2 - 60% Design Status: Submit no later than 150 calendar days after effective Notice-m-Proceed date for the Project. 6.03.3 90% Design Status: Submit no later than 195 calendar days after effective Notice-to-Proceed date for the Project. 6.03.4 100% Design Status: Submit no later than 210 calendar days after effective Notice-to-proceed date for the Project. 6.03.5 Bid Plans: Submit no later than 225 calendar days after effective Notice-m-Proceed date for the Project. 6.03.6 Submit final approved permits no later than 225 calendar days after effective Notice-to-Proceed for the Project. 6.04 All necessary operational, construction and environmental permit applications (FDEP, ACOE, and SFWMD) shall be prepared, processed, and ready for submittal in full by the CONSULTANT, and shall be submitted to respective federal, state, local, and COUNTY governing authorities for review no later than (varies) day after the effective Notice-m-Proceed date for the Project. All necessary permit drawings and supporting technical and non-technical data shall be prepared by the CONSULTANT and shall accompany each permit application. 6.05 The CONSULTANT anticipates that the COUNTY will require a maximum two week formal review and comment period for each design status activity interval specified for all roadway design services upon receipt of plans and accompanying information from the CONSULTANT. Accordingly, this 14 calendar-day review period has been included in the plan submittal schedule, Article 6.03 above. It is understood by the parties that if any COUNTY review period exceeds 14 calendar days, the CONSULTANT shall have the option of pursuing a Supplemental Agreement for additional contract service time equal to the number of effective delay days. 6.06 The CONSULTANT shall formulate and prepare the bar chart schedule for the Project in specific accord with the above stated design status review schedule. 7.00 POST DESIGN SERVICES The Consultant shall perform professional services during the bidding phase for the project per the attached task fee schedule. The scope and fee for services to be provided by the CC [~"~[~';ta~A the construction phase of this project shall be determined at or about the 90% desi PLAN REVIEW CONTENT j [j~-~ 8. 00 14 pg.__J__~_~ W:~2000~2000067~S¢ope~SCOPE-175~ImmokaleeS chedAI75 DesignScope.doc SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 8.01 Minimum plan review requirements for each design status activity interval for the Project shall be in compliance with the requirements of the "FDOT Roadway Plans Preparations Manual." 9.00 COST PROPOSAL 9.01 See Attachment "B" for consulting engineering cost proposal (work breakdown structure), which includes details of services categories, scope of plan preparation, breakdown of costs and man-hours. 9.02 The CONSULTANT's cost proposal herein does not include costs for permit application fees to respective permitting agencies. The fees for all permit applications shall be paid directly by the COUNTY. 10.00 SUBCONTRACT SERVICES Due to the nature and scope of the required services, it is desirable for the CONSULTANT to subcontract portions of the work. The CONSULTANT shall be authorized to subcontract these services under the provisions of this Agreement. The following sub-consultants to be utilized by the CONSULTANT and their primary areas of responsibility are indicated below: · Ardaman & Associates, Inc. - Geotechnical Services · Tampa Bay Engineering, Inc. - Traffic Engineering, Signalization and Lighting 11.00 NOTICE-TO-PROCEED MEETING The CONSULTANT shall attend a meeting scheduled by the COUNTY to receive the official Notice- to-Proceed. The purpose of this introductory meeting is several-fold: a) The COUNTY will endeavor to render all relevant information in its possession. This may include traffic data, planning information, and available "as-built" and/or record construction plans. b) The COUNTY and the CONSULTANT will establish a common understanding upon which the plans process will be developed. c) The COUNTY will explain the financial administration of the Agreement. d) The COUNTY will address CONSULTANT's questions and area needing clarification. 12.00 EXPERT WITNESS TESTIMONY 12.01 The CONSULTANT shall serve as an expert witness for the Project in legal proceedings if required by the COUNTY. The fee(s) for these services shall be estabhshed, if and when said services are required. 12.02 Additionally, the CONSULTANT shall provide/render professional opinion COUNTY during any public hearings and or public workshop sessions relating to th services are requested in writing. The fee(s) for these services, as well as the service W:~2000~000067~S cop~\SCOPE-I75 Xlmmokatee Sch~IA175DesignS¢ol~.doe 15 SCHEDULE A Scope of Services Immokalee .Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase II - 1-75 to Northbrooke Drive) Collier County Project Number 66042 Article 12.01 above, shall be established by the parties pursuant to the provisions of Article 2 of this Agreement. 30 % Plan Review Purpose/Description To review the CONSULTANT's proposed grades, PGL, geometric layout, survey data, basic geometries, right-of-way recommendations, study/report recommendations, and other prelim/nary design mater/als. Provides the technical basis for further plan development. Submission of review plans to COUNTY. Two (2) copies of reports and design data to COUNTY. Minimum submittal requirements (shown as X) (Typical, including the following). X 1. Update of Project Schedule X 2. Cover Sheet X 3. Drainage Map X 4. Typical Sections X 5. Roadway Plan/Profile X 6. Cross-Sections (existing) X 7. Existing Utilities Located X 8. Design Survey Complete Minimum submittal requirements herein listed for the 30%, 60%, 90%, and 100% design status intervals are not all-inclusive; see Article 4.03 for additional service requirements. 60% Plan Review Purpose/Description To review the CONSULTANT'S grades, drainage mapping, typical sections, profile grade lines, intersection designs, drainage structures, soil survey, and similar design elements. Designs at this stage are subject to minor revisions. Substantive changes to the type, size, and location of major features will be considered extra work. Submission of review plans to COUNTY. Two (2) copies of reports and design da~ Minimum submittal requirements (shown as X) (Typical, including the following). 16 W:'O. OOO~2000067~Scope\SCOPE-175VanmokateeSchedAI75DesignScope.doc C~~iTEM 2001 X 1. X 2. X 3. X 4. X 5. X 6. X 7. X 8. X 9. X 10. X 11. X 12. X 13. X 14. X 15. X 16. X 17. X 18. SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase H - I-7fi to Northbrooke Drive) Collier County Project Number 66042 Update of Project Schedule Cover Sheet Drainage Map Typical Sections Sheets Summary of Drainage Structures Sheets Roadway Plan/Profile Sheets Construction Details Drainage Details Drainage Structure Sheets Stormwater Ponds/Profiles and Cross Sections Geotechnical Investigation Report Cross Sections Traffic Control Plans Utility Relocation Plans Signalization/Interconnect Plans Lighting Plans Signing and Marking Plans Permit Design Drawings and Permit Applications 90 % Plan Review Purpose/Description To review the CONSULTANT's final grades, drainage mapping, typical sections, profile grade lines, intersection designs, drainage structures, soil survey, and similar design elements. Final designs at this stage subject to minor revisions. Substantive changes at this stage will be considered extra work. Submission of review to COUNTY. Two (2) copies of reports and design data to COUNTY. Mimmum submittal requirements (shown as X) (Typical, including the following). X 1. X 2. X 3. X 4. X 5. X 6. Update of Project Schedule Cover Sheet Summary of Pay Items Drainage Map Typical Section Sheets Summary of Quantities W:X2000~2000067kScopekSCOPE-I75'~'nmokaleeSchedAl75 DesiEaScopc.doc AGENDA ITEM No .~~{_~ JO L 3 1 2001 Pg.. .... 22--- 17 X 7. X 8. X 9. X 10. X 11. X 12. X 13. X 14. X 15. X 16. X 17. X 18. X 19. SCHEDULE A Scope of Services Immokalee Road Six-Laning Improvements Supplemental Agreement No. 2 ( Phase H - I-7fi to Northbrooke Drive) Collier County Project Number 66042 Summary of Drainage Structure Sheets Roadway Plan/Profiles Project Layout Sheets Construction Details Drainage Details Signalization/Interconnect Plans Lighting Plans Quantities and Cost Estimate Signing and Marking Plans Drainage Structure Sheets Soil Survey Sheets Cross Sections Traffic Control Plans 100 % Plan Review Six-Laning Improvements Purpose/Description To review the CONSULTANT's final plans, evaluations, recommendations, quantities, contract documents, and the like, for content, completeness, and form and sufficiency for bidding purposes. Purpose of meeting is to correct typographical errors, to determine outstanding contract obligations by CONSULTANT and timetable for contract closeout. Submission of review plans to COUNTY. Two (2) copies of reports and design data to COUNTY. All Project plans shall be complete at this stage. W:~.000~.000067\ScopeXSCOPE-I75~mmokaleeSchedA175DesignScope.floc 18 A~-ENDA ITEN]. JUL 3 'I 2001 IDA ITEM ~ ...... 8888 8885 .... J U L ~ 1 SCHEDULE B ATTACHMENT B HOLE MONTES, INC. EMPLOYEE HOURLY RATE SCHEDULE COLLIER COUNTY PROJECT NO. 66042 SUPPLEMENTAL AGREEMENT NO. 2 Date: July 11, 2001 Senior Principal Engineer Vlll ........................................................ $170.00 per hour Principal Engineer VII ..................................................................... $150.00 per hour Engineer VI ...................................................................................... $130.00 per hour Engtneer V ....................................................................................... $115.00 per hour Engtneer IV ...................................................................................... $100.00 per hour Engineer III ...................................................................................... $ 90.00 per hour Engineer II ....................................................................................... $ 80.00 per hour Engineer I ........................................................................................ $ 65.00 per hour Environmental Operations Specialist .............................................. $ 75.00 per hour Permitting Coordinator .................................................................... $ 60.00 per hour Senior Designer ............................................................................... $ 80.00 per hour Designer ........................................................................................... $ 70.00 per hour Senior Computer Technician ........................................................... $ 60.00 per hour Computer Technician ...................................................................... $ 50.00 per hour Senior Contract Administrator ........................................................ $ 85.00 per hour Contract Administrator ...................................................... : ............. $ 75.00 per hour Senior Construction Field Representative ....................................... $ 70.00 per hour Construction Field Representative .................................................. $ 60.00 per hour Senior Planner .............................................. ~ .................................. $115.00 per hour Planner ............................................................................................. $ 70.00 per hour Principal Surveyor ........................................................................... $120.00 per hour Senior Surveyor ............................................................................... $100.00 per hour Surveyor .......................................................................................... $ 80.00 per hour 2 Man Survey Crew ......................................................................... $ 90.00 per hour 3 Man Survey Crew ......................................................................... $115.00 per hour GPS Operator .................................................................................. $ 70.00 per hour Technician V ................................................................................... $ 55.00 per hour Technician IV .................................................................................. $ 50.00 per hour Technician III ................................................................................... $ 45.00 per hour Technician II .................................................................................... $ 40.00 per hour Technician I ................................................................................... $ 35.00 per hour Subconsultants .................................................................................. Cost + 10% (Collier Co.) Out-of-Pocket Expenses ................................................................... Cost + 10% (Collier Co.) Mileage ............................................................................................. $ 0.29 per mile (Collier Co.) W:k2000'0,000067~copekS COPE-I75k%hedulel~AttachmentB 1-75 .doc AGENDA ITEM JUL OOl Pg.__~. SCHEDULE B AI-rACHMENT C COLLIER COUNTY PROJECT NO. 66042 SUPPLEMENT AGREEMENT NO. 2 CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES TASK NO. TASK DESCRIPTION TASK FEE AMOUNT METHOD OF COMPENSATION Subsurface Utility Location - Excavation, Vacuum Extraction or Pothole County Utility Relocation Design TBD TBD TBD TBD W:~2000~.000067\ScopeXSCOPE-I75~ScherlulcBAttachmcntCl-75-doc ITEM SCHEDULE C PROJECT SCHEDULE COLLIER COUNTY PROJECT NO. 66042 SUPPLEMENTAL AGREEMENT NO. 2 The project schedule is predicated on receipt ora written notice which establishes the project notice to proceed (NTP) date. The project schedule is also predicated on a two-week COUNTY review period for each interim submittal, i.e., the 30%, 60%, 90%, and 100% submittals. Should the time for this review period be exceeded, adjustments to the project schedule may be required CALENDAR DAYS FOLLOWING NTP 30% 9O 60% 150 90% 195 100% 210 FINAL BID PLANS/PERMITS 225 W:~2000~2000067~Scope\SCOPE-175~SeheduleCProjeetScheduleI-75.doe AGEND' 'iTIEM- JUL 31 2..00! EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT NO. 15 FOR PROFESSIONAL ENGINEERING SERVICES BY HOLE MONTES, INC., FOR IMMOKALEE ROAD CONSTRUCTION PROJECT, PROJECT NO. 69101. OBJECTIVE: To receive Board's approval of the negotiated Amendment No. 15 to the contract for Professional Engineering Services by Hole Montes, Inc. for the Immokalee Road Construction Project, Project No. 69101. CONSIDERATION: On May 21, 1991 the Board approved the Professional Services Agreement with Hole Montes, Inc. for the Immokalee Road Construction Project. Amendment No. 15 is necessary due to additional work added to the Construction Contract. This additional work consisted of: 1) extension of the construction contract, prior to the slope stabilization; 2) added turn lanes required by new developments along the corridor; 3) sidewalk relocation requested by the County; and 4) changes in the signalization and lighting resulting from additional turn lanes and relocated sidewalk. It is anticipated that Amendmem No. 15 to the Construction Services will be completed in thirty (30) days from the Notice-to-Proceed, for a total cost of $36,610.25. X,FISCAL IMPACT: The total additional amount needed is $36,610.25. Funds in the amount of $36,610.25 ~e ~ ~'~-e Gas Tax supported Transportation Capital Fund. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 15 to the Contract and authorize the Chairman to sign Amendment No. 15 to the County Professional Services Agreement for the Immokalee Road Construction Project, Project No. 69101. By: / SUBMITTED ~ ~ , ?/iSyYnn R. Thorpe, P.E., Project Manager TECM Department Dale A. Bathon, P.E., Senior Project Manager TECM Department APPROVED BY: ~'~'-~,~-,. Z~ ~' ~;~.~s~-,~ Stephen L. Miller, P.E., Director TECM Department APPROVED BY: C~~r'~'~ [~' ~ t/'/~/~"~ ~ Norman Fcder, Administrator Transportation Division DATE: DATE: DATE: DATE: " ~.GENDA ITEM i J U L 3 1 211111 Project 69101 S/A No. 15 IMMOKALEE ROAD DESIGN PROJECT AMENDMENT NO. 15 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 15 to the Agreement (hereinafter referred to as the "AGREEMENT") is made and entered into this day of , 2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is 6202-F Presidential Court, Fort Myers, Florida 33919 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, COUNTY and CONSULTANT currently have a valid Professional Services Agreement for the provision of professional services for Immokalee Road Phase II (1-75 - CR 951) the COUNTY desires to modify the terms of said AGREEMENT, and towards that end it is necessary to provide additional general Construction Engineering Re-design Services, Sidewalk Relocations Plans and Services related to the extension of the Construction Contract, said services more fully described in said Amendments thereto; and WHEREAS, COUNTY and CONSULTANT agree the addition for Immokalee Road Phase II (1-75 - CR 951) General Construction Engineering Re-design Services, Sidewalk Relocations Plans and Services related to the extension of the Construction Contract to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. AG~ND,~ iTEM J .IL: 200'1 Page 1 of 3 Project 69101 S/A No. 15 NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1. CONSULTANT shall provide to COUNTY Professional Engineering Services in accordance with Exhibit "A" of this Amendment; as attached hereto. o 2. COUNTY agrees to compensate CONSULTANT for services rendered hereunder as prescribed in "Man-Hour & Cost Summary", as outlined in said AGREEMENT. Contract fee adjustments: 3.1 Original maximum contract fee = $ 150,000.00 3.2 S/A No. 1 thru 14 = $ 887,534.15 3.3 S/A No. 15 = $ 36,610.25 Current-Contract Fee = $1,074,144.40 3. The schedule for said PROJECT for Profe~eMn~l l:.noinaa~4,~= qo,-,,;.,~ {',,,- Immokalee Road Phase II General Construction Engineering Re-design Services, Sidewalk Relocations and Services related to the extension of the Construction Contract, shall be completed in thirty (30) calendar days from the Notice-to-Proceed (NTP). Page 2 of 3 / ! ZOO1 / Project 69101 S/A No. 15 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Immokalee Road Phase II Design the day and year first written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Dwight E. Brock, Clerk By: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Assistant Cm.~ty Attorney Witness Witness By: Hole Montes, Inc. Robert L. Mu~aY; P.E. Sr. Vice-Pre'i-dent (CORPORATE SEAL) Page 3 of 3 HOLE ]~,~.:C~.~'J'~,$ ENGINEERS. PLANNERS. SURVEYORS 6202-F Presidential Court. Fort Myers, Florida 33919- Phone: 941.985.1200. Fax: 941.985.1259 June 22,2001 Mr. Lynn Thorpe, P.E. Collier County Transportation Engineering and Construction Management Department 2675 South Horseshoe Drive Suite 401 Naples, FL 34104 RE: Immokalee Road (I-75 to CR 951) Proposed Supplemental Agreement Collier County Project No. 69101 Purchase Order No. 802771 HM Project No.: 1989099 Dear Mr. Thorpe: The following is a summary of additional services and a summary of additional costs required to complete design changes and to provide construction administration services for the referenced project. These services were provided at the request of Collier County and were necessary for the orderly continuation of the project construction. These services have been segregated into five separate tasks as itemized below. · Coordination, Site Meetings, Site Visits, RFI's and Clarifications · Plan Revisions for Additional Accesses · Plan Revisions for Sidewalk Relocation · Design Revision, Additions- Signalization and Lighting · Continuing Contract Administration Services COORDINATION, SITE MEETINGS, SITE VISITS, RFI'S AND CLARIFICATIONR These services were performed from October 2 to December 29, 2000. These services consisted of attendance at site meeting with the contractor, County project manager, the CEI consultant and others, visits to the project site to observe construction progress and to coordinate design changes requested by Collier County, preparation of responses to inquiries from the contractor and the CEi consultant and clarifications to questions pertaining to the project plans and/or the design intent. PLAN REVISIONS FOR ADDITIONAL ACCESSES The services consisted of revising the project plans to consolidate new access points, turn lanes and drainage revisions into the project. These revisions were necessitated because of approved development plans that were being constructed adjacent to the roadway and by a request from the contractor and Collier County to show these additions on one set of plans. New access points were required to be constructed for the Shoppe's at Pebblebrook, Ibis Cove, Rigas, Laurel Lakes and Olde Cypress East. These services were performed dudng October, November and December 2000 and January 200I: Naples. Fort iSa'ers · Venice. Englewood AGENDAJ, TE¥ r~ No.._j. (.~). ~. Mr. Lynn Thorpe, P.E. 6/22/2001 Page 2 PLAN REVISIONS FOR SIDEWALK RELOCATION Plan revisions to relocate the sidewalk along the south side of the roadway in accordance with planned sidewalk easement acquisition were originally performed under Supplemental Agreement No. 13. However, the planned sidewalk easement acquisition alignment differs considerably from the final easement alignment and several intedm revisions to the plans were required to conform to the easement alignment. These intedm plan revisions were performed from October to December 2000. DESIGN REVISION, ADDITIONS - SIGNALIZATION AND LIGHTING Several changes were required to the signalization and lighting plans for the project. These revisions include lighting changes to accommodate the new access locations described above, revision to the signal at Laurel Oaks Elementary School to accommodate the new access to Olde Cypress East opposite the school entrance and addition of a pedestrian crossing at the eastern most entrance to Gulf Coast High School. These services were provided from November 2000 to February 2001. CONTINUING CONTRACT ADMINISTRATION SERVICES These services were performed from January 2, 2001 to Apdl 17, 2001. These services included attendance at on site construction meetings, coordination of Hole Montes signal/lighting subconsultant for the revisions to signalization and lighting for the project as describe above, responses to requests for information form the contractor, CEI consultant and County project manager, finalization of SFWMD permits for sidewalk revisions and inspections of the Broken Back Bridge construction by the structural designer. As an attachment, we have provided a summary for each .of the above described tasks which provide the engineering staff category, hours, billing rate and invoice amount for our signalization and lighting subconsultant (Metro Transportation Group) and our structural subconsultant (Jenkins & Charland, Inc.). The total amount of this request is $36,610.25. Thank you for your consideration of this request. If you have any questions or require any additional information, please call. Very truly yours, HOLE MONTES, INC/~ Associat; ' ' ........ WFG/dd Attachments Cc: Bob Murray AGEND&.ITEM No W :',1989\ 1989099\CollierCo~Jt010622Itt.doc ' Engineering/Deeign/Construction Services HMA Proj. No. 89.99 Immokalee Road Phase II Proposed SIA No. 15 Collier Co. Proj. No. 69101 Purch. Order No. 802771 COORDINATION, SITE MEETINGS, SITE VISITS, RFI'S AND CLARIFICATIONS Civil Engineer V : 0.50 i $ 110.00 $ 55.00 Civil Engineer IV i 27.75 t $ 95.00 $ 2,636.25 Engr Tech V I 2.50 $ 65.00 i $ 162.50 EngrTech II 2.00 $ 55.00 I $ 110.00 EngrTech I 0.00 I $ 45.00: $ ITech II ~ 3.00 ] 5 35.00 $ 105.00 TASK AMOUNT I "$ 3,068.75 PLAN REVISIONS FOR ADDITONAL ACCESSES Civil Engineer V ~ 0.00 $ 110.0015 - Civil Engineer IV i 12.25 ,,$ 95.00 i$ 1,163.75 Engr Tech V ; 3.75 ~ $ 65.00 [$ 243.75 IEngrTech II 77.00 I $ 55.00 $ 4,235.00 Engr Tech I 33.75 !$ 45.00. $ 1,518.75 iTech II 0.00 $ 35.00 '~ $ TASK AMOUNT i ~ $ 7,161.25 PLAN REVISIONS FOR SIDEWALK RELOCATION ~ Civil EngineerV 1.00 $ 110.00 $ 110.00 ___ !~Civil Engineer IV 36.00 , $ 95.00 $ 3,420.00 Engr Tech V ; 0.00 i $ 65.00 $ EngrTech II I 43.00 $ 55.00 $ 2,365.00 iEngrTechl 16.00 $ 45.00 5 720.00 Tech I1 I 0.00 ~ i$ .. 35.00 $ - TASK AMOUNT I i $ 6,615.00 DESIGN REVISIONS, ADDITIONS- SIGNALIZATION AND LIGHTING REVISIONS Engineer V i 0.00 ; $ 110.0015 Civil Engineer IV 11.00 $ 95.00 $ 1,045.00 IEngr Tech V iEngrTech II : 1.00 $ 65.00 ~ $ 65.00 2.00 $ 55.00 5 110.00 IEngrTech I : 3.00 ! $ 45.00 i$ 135.00 iTech II 4.00 ; $ 35.00 ~ $ 140.00 Metro Transportation invoice dated 3/14/{~1 ! I$ 6,150.00 I $ 6,150.00 ,10% of Metro Invoice Amount i ' ! $ 615.00 TASK AMOUNT i I $ 8,260.00 CONTINUING CONTRACT ADMINISTRATION SERVICES i Civil Engineer V 4.00 $ 110.00 $ 440.00 ~ 61.00 $ 95.00 ;$ 5,795.00 Civil Engineer IV Engr Tech V ~! 1.00 i $ 70.00 !$ 70.00 EngrTech II 12.00 ; $ 55.00 i $ 660.00 Engr Tech I 0.00 $ 45.00 $ - Tech II 2.75 $ 35.00 $ 96.25 Jenkins & Charland invoices dated 12./29/00, 1/26/01,2/28/01 and 3/29/01 $ 4,040.00 $ 4, t4C.C0 110% of J&C Invoice Amount TASK AMOUNT I j iS tl 505.25 TOTAL pROposED S/A NO. 15 i ! s 36 0.25. IJ L; SA15TASKS10621.xls I3~rt~ I r~f I ;TEM 7 METRO TRANSPORTATION March 14, 2001 GROUP, INC. 12651 McGREGOR BOULEVARD surI~ 4-403 FORT MYERS, FL 33919.-4489 TELEPHONE 941-278.3090 FAX 941-278- 1906 www. m etrotransportation,com TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS/DESIGN HOLE-MONTES & ASSOC 950 ENCORE WAY NAPLES, FL 34110 Attn: WALTER KEENE. PE Re: Job # F9811.11 IMMOKALEE ROAD STREET LIGHTS Consultin~l Services from February 01,2001 through Februar~ 28, 2001 Sub-Number: 1704B MISCELLANEOUS DESIGN REVISIONS CONTRACT AMOUNT PERCENT COMPLETE 100.00% X 6,150.00 LESS PREVIOUSLY INVOICED $6,150.00 $6,150.00 $o.oo TOTAL AMOUNT DUE JUl Z001 Aged Receivables: Current $ 6,150.00 31-45 Days 46-60 Days 61-90 Days 90 Days $ 0.00 $ 0.00 $ 2,285.25 $ 0.00 OTHER OFFICES: HANOVER PARK, ILLINOIS CHICAGO, ILLINOIS Consulting Engine,rs ,~-~ ~, Invoice Structural - Ci Invoice Number: 25577 Invoice Date: December 29, 2000 To: Hole Montes & Associates, Inc. 6202-F Presidential Court, Suite F Fort Myers, FL 33919 Attention: Project: 98B206 COCOHATCHEE CANAL BRIDGE Manager. P Carroll Professional Services for the Period: I 1/25/00 to 12/24/00 Billing Group: 002 Cost Plus to a Maximum Invoice: 25577 Conwact #: December 29, 2000 CONSTRU?.T!ON ADMINISTRATION: SITE VISITS AND CLARIFICATIONS Contract Maximum: Previous Billings Against Maximum: Current Billings Against Maximum: Balance After This Invoice: 12381 S. Cleveland Ave., #204, Fort Myers,FL 33907 (941)939-1414 *(941 )2784289 AGENDA ITEM No. ~/ (2-.,lu JUL 3 1 2001 Pg._ q $6,410.00 $1,760.00 $1,250.00 / t./Cb~6F $3,400.00 ·o Fort Myers FL*Fort Picroe FL Orlando FL*Samsota FL Fort Lauderdale*Nashviile TN JENKINS & CHARLAND INCORPORATED Consulfin8 Engineers E.LN. 59-1271536 Structural - Civ Invoice Invoice Number: 25830 Invoice Date: January 26, 2001 To: Hole Montes & Associates, Inc. 6202-F Presidential Court, Suite F Fort Myers, FL 33919 Attention: Project: 98B206 COCOHATCHEE CANAL BRIDGE Manager: P Carroll Professional Services for the Period: 12/25/00 to 1/24/01 RECEIVED ,I~N 3 1 ~001 Hole, Montes & Assoc., loc. Billing Group: 002 Fixed Fee ~ontract #: CONSTRUCTION ADMINISTRATION: SITE VISITS AND CLARIFICATIONS Invoice: 25830 January 26, 2001 17, o/ 12381 S. Cleveland Ave., #204, Fort Myers,FL 33907 (941)939-1414'(941)27g-4289 AGENDA ITEM No. ,, JUL 3 1 200~ Contract Amount: $6,410.00 Percent Complete: ~t~2.71 Fee Earned: $4,020.00 Prior Fee Billings: $3,010.00 Current Fee Total: / ~.~.. ~/,/~1,-'0~-~).00-7~ J I0,' Fort Myers FL*Fort Pierce FL Orlando FL*Sarasota FL Fort Lauderdale*Nashvil lc TN JENKINS & CHARLAND ulflng/~gineera Invoice E. LN. 99-1271536 /% Ol Invoice Number:. Structural 26247 To.' Hole Montes & Associates, Inc. 6202-F Presidential Court, Suite F Fort Myers, FL 33919 ~ Attention: Invoice Date: February 28, 2001 RECEIVED MAR .0 5:'2001 HOLE MONTES, INC, Project: 98B206 COCOHATCHEE CANAL BRIDGE Manager. P Carroll Professional Services for the Period: 1/25/01 to 2/24/01 Billing Group: 002 Fixed Fee Invoice: 26247 12381 S. Cleveland Av~, #204, Fort My~,FL 33907 (941)939-1414'(941)278-42 g9 February28,2001 CLARIFICATIONS AGENDA ITEM No.~ ! t JUL 3 1 200! Pg,_.._L~ Contract Amount: $6,410.00 Percent Complete: /85.80 Fee Earned: $5,500.00 Prior Fee Billings: $4,020.00 Current Fee Total: Fort Myers FL*Fort Pierce FL Orlaado FL *,~rasom FL Fort L_~_~cl__,~lale*Nashvflle TN JENKINS & CHARLAND INCORPOR^TED Comult[ng En~neers E.I.N. 59-1271536 Structural - Civil Invoice To; Hole Montes & Associates, Inc. 6202-F Presidential Court, Suite F Fort Myers FL 33919 Invoice Number: Invoice Date: 26394 March 29, 2001 Project: 98B206 COCOHATCHEE CANAL BRIDGE Manager P Carroll Professional Services for the Period: 2/25/01 to 3/24/01 Billing GrOup: Purchase Order #: CLARIFICATIONS 002 Cost Plus to a Maximum Contract Maximum: Previous Billings Against Maximum: Current Billings Against Maximum: Balance After This Invoice: $6,410.00 ~=CEIVED 2 2001 rES, INC, 12381 S. Cleveland Ave., #204, Fort Myers2L 33907 (941 )939-1414 *(941 )278-428 9 AGENDA ITEM No. ~ ~,~¢~1/..,/._. ,,~,t. 3 i tuu~ 0o Fort My=s l:'L*Fort Pieme I~L Orlando FL*Sarasota FL Fort Lauderdale*Nashville TN EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR THE MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET SlGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT OBJECTIVE: Adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U. S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. CONSIDERATION: The County Commission as part of the actions related to the succession of the Pelican Bay Improvement District Board of Supervisors are committed to hold a Public Hearing within the Pelican Bay community. There is no specific date established (other than prior to the final adoption of the County-wide budget), but staff would recommend that the Board consider Wednesday, September 12, 2001 at 6:00 P.M. for the Public Hearing, to be held at The Foundation Center, 8962 Hammock Oak Drive, Naples, Florida 34108. Pursuant to Section 197.3632, Florida Statutes, a Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) must also be adopted between June I and September 15, 2001 in order to insure that the assessments can be placed on the Collier County Tax Collectors bills this year. Combining the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) and the Budget Hearing in the Pelican Bay community will provide for increased public awareness of the Pelican Bay Services Division's budget and assessment for Fiscal Year 2001-2002. C~'~ FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None AGENDA/TEI,[ .o. JUL 3 1 2001 Executive Summary Page 2 RECOMMENDATION: That the Board of County Commissioners adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within-the Pelican Bay Municipal Service Taxing and Benefit Unit. J~es P. Ward, Department Director// /Pelica ay SeM' s Divi on Edward J. Kan_t,/l~.~, Director Transp/"~" .~~ii~ i~,1',~~ ~,~ n s APPROVED BY: / /~"~'"" /, ~ Norma~ Feder, AICP, Administrator Trans~o~ation Division DATE: ~/~//~ ( JUL 3 I 2001 1 RESOLUTION NO. 2001- 2 3 A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE 4 PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT $ (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE 6 PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE 7 TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER 8 MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL 9 FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF 10 CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF 11 CAPITAL RESERVE FUNDS FOR THE MAINTENANCE OF ~2 CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET 13 SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND 14 LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL 15 WITHIN' THE PELICAN BAY MUNICIPAL SERVICE TAXING AND 16 BENEFIT UNIT. 17 18 WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 90-111, as amended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit 20 for the purpose of providing street lighting, water management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreational facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S.41 from 24 Pine Ridge Road to Vanderbilt Beach Road; 25 WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non-ad valorem assessment roll for purposes of utilizing the uniform method of 27 collection. 28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 30 SECTION ONE. This Resolution is adopted pursuant to the provisions of Ordinance No. 90- 31 111, as amended, and other applicable provisions of law. 32 SECTION TWO. It is hereby found and determined that a special assessment which includes 35 the establishment of Capital Reserve Funds for the maintenance of the water management 34 system, beautification of recreational facilities and median areas, and maintenance of 35 conservation or reserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit is necessary for funding the required payments for the operation, repair and maintenance of the 37 water management system, beautification of recreational facilities and median areas, and maintenance of conservation and preserve areas during Fiscal Year 2001-2002. $9 ~;ECTION THREE. A public hearing before the Board of County Commissioners on the 40 preliminary assessment roll (non-ad valorem assessment roll) of the estimated costs, including AG~NJ~A^[TEH J U L 3 1 ZI)01 1 Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms 2 within the boundaries of the Unit, street sign replacements within the median areas, landscaping 3 improvements within the boundaries of the District, landscaping improvements to the U.S. 41 4 entrances within the boundaries of the Unit, the maintenance of the water management system, 5 and beautification of recreation facilities and median areas, during Fiscal Year 2001-2002 6 between the County and each property owner of land within the Pelican Bay Municipal Service 7 Taxing and Benefit Unit will be held on September 12, 2001 at 6:00 P.M. at The Foundation 8 Center, 8962 Hammock Oak Drive, Naples, Florida, at which time the Board of County 9 Commissioners will hear objections of the owners of the properties within the Pelican Bay 10 Municipal Service Taxing and Benefit Unit or other persons interested therein, to the adoption of 11 the preliminary assessment roll (non-ad valorem assessment roll). The Clerk shall keep a record 12 in which shall be inscribed, at the request of any person, firm or corporation having or claiming 13 to have any interest in any lot or parcel of land within the Unit, the name and post office address 14 of such person, firm or corporation, together with the brief description or designation of such lot 15 or parcel. The Clerk shall cause the notice of such public hearing to be published one time in the 16 Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less 17 than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider 18 the adoption of the preliminary assessment roll (non-ad valorem assessment roll) shall also be 19 mailed first class mail to all the property owners on the preliminary assessment roll (non-ad 20 valorem assessment roll) at the address provided for on said roll. 21 SECTION FOUR. Notice of such hearing shall be in substantially the following form: 22 NOTICE 23 Notice is hereby given that the Board of County Commissioners of Collier County, 24 Florida, will meet on September 12, 2001 at 6:00 P.M., The Foundation Center, 8962 25 Hammock Oak Drive, Naples, Florida, for the purpose of hearing objections, if any, of all 26 interested persons to the adoption of the preliminary assessment roll (non-ad valorem assessment 27 roll) allocating the assessable costs including Capital Reserve Funds for the maintenance of 28 conservation or preserve areas, U.S. 41 berms within the boundaries of the Unit, street sign 29 replacements within the median areas, landscaping improvements within the boundaries of the :30 Unit, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the :31 maintenance of the water management system, and beautification of recreation facilities and JUL 3 1 2001 pg, '/-~/ _ median areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which comprises and includes those lands described as follows: 3 A tract of land being in portions of Sections 32 and 33, Township 48 South, 4 Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, 5 Range 25 East, Collier County, Florida, being one and the same as the lands 6 encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, the 7 perimeter boundary of same more particularly described as follows: 8 Commencing at the Southeast comer of said Section 33; thence South 89 degrees 9 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet 10 to a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being 11 the Point of Beginning; thence Southerly along the West right-of-way line of said U. S. 12 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East 13 a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 14 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 15 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; 16 thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point 17 on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the 18 Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) 19 South 89 degrees 09 minutes 45 seconds West along said North fight-of-way line a 20 distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance 21 of 70.00 feet to a point on the North line of Seagate Unit I as recorded in Plat Book 3, 22 Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds 25 West along said North line of Seagate Unit I and thc South line of said Section 9 a 24 distance of 2496.67 feet to the Southwest comer of said Section 9; thence continue South 25 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on 26 the mean high water line established May 15, 1968; thence a Northwesterly direction 27 along said mean high water line a distance 15716 feet more or less; thence departing said 28 mean high water line South 80 degrees 29 minutes 30 seconds East and along the 29 Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 30 121 among said Public Records a distance of 7385 feet more or less to a point on said 31 West right-of-way line of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 3:> 36 seconds East along said West fight-of-way line a distance of 2574.36 feet to the Point 33 of Beginning. 35 A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot 38 or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government 37 Center, W. Harmon Turner Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida 38 and in the offices of thk Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, 39 Florida, and is open to the inspection of the public. 40 All affected property owners have a fight to appear and be heard at the public hearing and 41 to file written objections to the adoption of a resolution approving the preliminary assessment 42 roll (non-ad valorem assessment roll) with the Board within 20 days of this notice based upon the 43 grounds that it contains items which can not be properly assessed against property, that the 44 computation of the special assessment is incorrect, or there is a default or defect in the passage or 45 character of the resolution, or the preliminary assessment (non-ad valorem assessment) is void or 46 voidable in whole or part, or that it exceeds the power of the Board. At the completion of the 47 hearing, the Board shall either annul or sustain or modify in whole or in pan the preiiminary JUL 3 1 2001 1 assessment (non-ad valorem assessment) as indicated on such roll, either by confirming the 2 preliminary assessment (non-ad valorem assessment) against any or all lots or parcels described 3 therein or by canceling, increasing, or reducing the same, according to the special benefits which 4 the Board decides each such lot or parcel has received or will receive on account of such 5 improvements. The assessment so made shall be final and conclusive as to each lot or parcel 6 assessed unless proper steps are taken within twenty (20) days with a court of competent 7 jurisdiction to secure relief. 8 The Board will levy a special assessment (non-ad valorem assessment) for operations 9 and maintenance of the water management system and the beautification of the recreational areas 10 and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent 11 Residential Unit based methodology. The total assessment for maintenance of the water 12 management system, beautification of recreational facilities, and median areas, and maintenance 13 of conservation or preserve areas is $1,919,900.00 which equates to $247.11 per Equivalent 14 Residential Unit based on 7769.35 assessable units. 15 The Board will levy a special assessment (non-ad valorem assessment) for the 16 establishment of Capital Reserve Funds for the maintenance and restoration of the conservation 17 or preserve areas, U.S. 41 berm improvements within the Unit, street sign replacement within the 18 median areas, landscaping improvements and U.S. 41 entrance improvements within the Unit, 19 utilizing an Equivalent Residential Unit based methodology. The total assessment for these 20 Capital Reserve Funds for the maintenance and restoration and landscaping improvements is 21 $360,700.00 which equates to $46.43 per Equivalent Residential Unit based on 7769.35 2_2 assessable units. 23 The special assessment (non-ad valorem assessment) will be collected by the Collier 24 County Tax Collector on the owner's ad valorem tax bill pursuant to Section 197.3632, Florida 25 Statutes. Failure to pay the special assessment (non-ad valorem assessment) and your property 26 taxes will cause a tax certificate to be sold against the property which may result in a loss of title 27 to the property. 28 Any person who decides to appeal a decision of the Board will need a record of the 29 proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the 30 proceedings is made, which record includes the testimony and evidence upon which the appeal is 31 to be based. AGENDA ~Trd4 ~-~ JUL 3 1 2001 2 BOARD OF COUNTY COMMISSIONERS 3 4 5 6 7 8 9 10 11 12 13 COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) 14 SECTION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in full 15 among the minutes of this meeting for permanent record in his office: 16 SECTION SIX. This Resolution shall become effective immediately upon its passage. 17 This Resolution adopted this 31st day of July, 2001, after motion, second and majority 18 vote. 19 20 21 22 23 24 ATI'EST: DWIGHT E. BROCK, CLERK 25 26 Approved as to form and 27 legal sufficienc)~: ~ 29 30.~.~vid C. Weigel 31~ u County Attorney 32 37 30 a0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES C. CARTER, Ph.D., CHAIRMAN No.~) I-~ l: JUL 3 1 21)81 PELICAN BAY GUI~ OF MEXICO AGENDA JUL 3 1 2001 RESOLUTION NO. 2001- A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR THE MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 90-111, as amended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit for thc purpose of providing street lighting, water management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreational facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S.41 from Pine Ridge Road to Vanderbilt Beach Road; WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non-ad valorem assessment roll for purposes of utilizing the uniform method of collection. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. This Resolution is adopted pursuant to the provisions of Ordinance No. 90- 111, as amended, and other applicable provisions of law. ~;ECTION TWO. It is hereby found and determined that a special assessment which includes the establishment of Capital Reserve Funds for the maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or reserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit is necessary for funding the required payments for the operation, repair and maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation and preserve areas during Fiscal Year 2001-2002. SECTION THREE. A public hearing before the Board of County Comm/ssioners on the preliminary assessment roll (non-ad valorem assessment roll) of the estimated costs, including 1 Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms within the boun 'daries of the Unit, street sign replacements within the median areas, landscaping improvements within the boundaries of the District, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and median areas, during Fiscal Year 2001-2002 between the County and each property owner of land within the Pelican Bay Municipal Service Taxing and Benefit Unit will be held on September 12, 2001 at 6:00 P.M. at The Foundation Center, 8962 Hammock Oak Drive, Naples, Florida, at which time the Board of County Commissioners will hear objections of the owners of the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit or other persons interested therein, to the adoption of the preliminary assessment roll (non-ad valorem assessment roll). The Clerk shall keep a record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land within the Unit, the name and post office address of such person, firm or corporation, together with the brief description or designation of such lot or parcel. The Clerk shall cause the notice of such public hearing to be published one time in the Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider the adoption of the preliminary assessment roll (non-ad valorem assessment roll) shall also be mailed first class mail to all the property owners on the preliminary assessment roll (non-ad valorem assessment roll) at the address provided for on said roll. SECTION FOUR. Notice of such hearing shall be in substantially the following form: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on September 12, 2001 at 6:00 P.M., The Foundation Center, 8962 Hammock Oak Drive, Naples, Florida, for the purpose of hearing objections, if any, of all interested persons to the adoption of the preliminary assessment roll (non-ad valorem assessment roll) allocating the assessable costs including Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms within the boundaries of the Unit, street sign replacements within the median areas, landscaping improvements within the boundaries of the Unit, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and 2 median areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which comprises and includes those lands described as follows: A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, the perimeter boundary of same mom particularly described as follows: Commencing at the Southeast comer of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West fight-of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West fight-of-way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North fight-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit I and the South line of said Section 9 a distance of 2496.67 feet to the Southwest comer of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government Center, W. Harmon Turner Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida and in the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, Florida, and is open to the inspection of the public. All affected property owners have a right to appear and be heard at the public hearing and to file written objections to the adoption of a resolution approving the preliminary assessment roll (non-ad valorem assessment roll) with the Board within 20 days of this notice based upon the grounds that it contains items which can not be properly assessed against property, that the computation of the special assessment is incorrect, or there is a default or defect in the passage or character of the resolution, or the preliminary assessment (non-ad valorem assessment) is void or voidable in whole or part, or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the preliminary assessment (non-ad valorem assessment) as indicated on such roil, either by confirming the preliminary assessment (non-ad valorem assessment) against any or all lots or parcels described therein or by canceling, increasing, or reducing the same, according to the special benefits which the Board decides each such lot or parcel has received or will receive on account of such improvements. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) days with a court of competent jurisdiction to secure relief. The Board will levy a special assessment (non-ad valorem assessment) for operations and maintenance of the water management system and the beautification of the recreational areas and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent Residential Unit based methodology. The total assessment for maintenance of the water management system, beautification of recreational facilities, and median areas, and maintenance of conservation or preserve areas is $1,919,900.00 which equates to $247.11 per Equivalent Residential Unit based on 7769.35 assessable units. The Board will levy a special assessment (non-ad valorem assessment) for the establishment of Capital Reserve Funds for the maintenance and restoration of the conservation or preserve areas, U.S. 41 berm improvements within the Unit, street sign replacement within the median areas, landscaping improvements and U.S. 41 entrance improvements within the Unit, utilizing an Equivalent Residential Unit based methodology. The total assessment for these Capital Reserve Funds for the maintenance and restoration and landscaping improvements is $360,700.00 which equates to $46.43 per Equivalent Residential Unit based on 7769.35 assessable units. The special assessment (non-ad valorem assessment) will be collected by the Collier County Tax Collector on the owner's ad valorem tax bill pursuant to Section 197.3632, Florida Statutes. Failure to pay the special assessment (non-ad valorem assessment) and your property taxes will cause a tax certificate to be sold against the property which may result in a loss of title to the property. Any person who decides to appeal a decision of the 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. 4 BOARD OF COUNTY COMMISSIONERS COLl.l~R COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) SECTION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office: SECTION SIX. This Resolution shall become effective immediately upon its passage. This Resolution adopted this 31st day of July, 2001, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal ~ufficien~: David C. Weigel County Attorney BY JAMES C. CARTER, Ph.D., CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 1, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 3 accounts that have paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $24.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 3 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. ~ JUL 3 1 2001 Pam Callis//Revenue Supervisor Solid WaSte Management Dgpartment Reviewed by: Tere~a/A~ Riesen, Collections Revenue Manager Solid Waste Management Department Reviewed by: -'"'"'"~.~---,.-----~ ~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Approved by: ~°iid .W~.e ~~partment Ja~s V. Mudd, P.E., Administrator Public Utilities Division Date: ~\\~(} \ Date:/~/F/ Date: Date: RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of Cotmty Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing thc recording of notices of liens for thc delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier Account No. 11303 Account No. 23621 Account No. 30384 This Resolution adopted after this __ second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legaP~ffi~ncy: t/c,. -~ D~lvilt-q, )6reigel County Attorney day of ., 2001 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph. D, Chairman #0.~ JUL 3 1 2001 p(;. .~, This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36456280008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Zometsky, David S=& Dianna 5224 32°d Ave SW Naples FL 341168118 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: GOLDEN GATE UNIT 7 BLK 265 LOT 22 OR 8i3 PG 1378 Folio No. 36456280008 Project No. 66000 Account No. 11303 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the officiaT Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: JAMES D. CARTER, Ph.D., CHAIRMAN JUL 3 1 2801 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62041000007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joseph, Raymond Louis Durand 5265 Dixie Dr Naples, FL 341137647 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR UNIT 1 BLK 2 LOT 17 OR 1966 PG 760 Folio No. 62041000007 Project No. 66000 Account No. 23621 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 70921500253 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Cruz, Alfonso S PO Box 788 Immokalee, FL 341430788 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROCKY PINES ESTATES UNIT ONE LOT 5 Folio No. 70921500253 Project No. 66000 Account No. 30384 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the _Cimuit Court is hereby directed to record this Satisfaction of Lien i~ the official Records of Collier County, Flodda, to acknowledge that the Lien c,-~ases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2001. A'CrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency AGENDA IT£f~ JUL 3 1 2001 PC,. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a wdtten notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $18.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 2 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. JUL 3 1 2001 ~,~. / Prepared by: ~... ow,,.. ~_ _~~ Pam C~llis, Revenue Supervisor Soli~Waste M~lnagemenLDepartment Reviewed by: Je~s~.a~A~Rl~ r- . ' , ollections Revenue Manager Solid Waste Management Department Reviewed by: Approved by: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Dir~r.~.Solid Waste Management.Department Janl~s V. Mudd, P.E., Administrator Public Utilities Division Date: DateT/~//~/ Date: Date: #0.__~ JUL 3 1 2001 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account- No. 21555 Account No. 28875 This Resolution adopted this __ second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and i~~ncy: ¢, D/av(i~t. C .~ ~igeX~l ~ County Attorney day of , 2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D, Chairman JUL 3 1 2001 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62041000007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joseph, Raymond Louise Durand 5265 Dixie Dr Naples, FL 341127300 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR UNIT 1 BLK 2 LOT 17 OR 1966 PG 760 Folio No. 62041000007 Project No. 65000 Account No. 21555 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the offi~,ial Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2001. A'I-rEST: DWIGHT E BROCK, CLERK Approved as to form and legal sufficiency R¥ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN ] £N_ JUL 3 1 2001 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 77162600009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Valdez, Eliazar M=& Ruth B 1212 N 18TM St Immokalee, FL 341422146 The Lien was recorded on the 8"~ day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAFFORD PINE EST SEC I BLK 4 LOT 40 OR 626 PG 278 Folio No. 77162600009 Project No. 65000 Account No. 28875 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceaSes to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN JUL 3 1 2001 Pi;. EXECUTIVE SUMMARY REQUEST THAT NEIGHBORHOOD CLEAN-UP EVENTS EXCEEDING $2,000.00 IN WAIVED TIPPING FEES RECEIVE PRIOR BOARD APPROVAL AND LIMIT EVENTS TO ONE QUARTERLY EVENT PER NEIGHBORHOOD. OBJECTIVE: To establish a consistent procedure for approval of waiver of tipping fees for neighborhood clean-up events in Collier County. CONSIDERATION: There are civic associations, homeowner associations, and various other groups appearing before the Board of County Commissioners requesting a waiver of tipping fees for neighborhood clean-up events. These types of requests are also being approved by the Public Utilities Administrator, as authorized by the Board of County Commissioners on September 28, 1999. This practice has proven to be inconsistent, therefore, staff suggests the following recommendations: 1) Requests for neighborhood clean-up events with tipping fee waivers exceeding $2,000.00 to be approved by the Board of County Commissioners. 2) Neighborhood clean-up events with tipping fee waivers less than $2,000.00 to be approved by the Public Utilities Administrator. 3.) Neighborhood clean-ups be limited to one quarterly event per neighborhood. FISCAL IMPACT: When and if requested, the fiscal impact will be $2,000.00 per neighborhood--clean-up, not to exceed one quarterly event per neighborhood. Tipping fees greater than $2,000.00 will be approved by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: There is no growth management associated with this item. RECOMMENDATION: That neighborhood clean-up events exceeding $2,000.00 in tipping fees be approved by the Board of County Commissioners and neighborhood clean-up events be limited to one quarterly event per neighborhood. ,0..IF~ ~ JUL 3 1 2001 PG. ,, ,,/ SUBMITTED BY: ,'~ ;~- Date: Gary R. Morocco, Revenue Supervisor Solid Waste Management Department ,, ,.-- ! G. George Yilmaz, Ph.D., P.E., P.H., REP. Director, Solid Waste Management Department APPROVED BY: James V. Mudd, P.E., Administrator Public Utilities Division Date: JUL 3 1 2(]0~ EXECUTIVE SUMMARY APPROVAL TO USE STATE WASTE TIRE GRANT FUNDS FOR PLAYGROUND SURFACING FOR YMCA, YOUTH HAVEN, FARMWORKER VILLAGE, SALVATION ARMY AND WALKING SURFACES AT 4-H CHILDREN'S GARDEN OBJECTIVE: To obtain approval from the Board of County Commissioners to use State Waste Tire Grant funds for playground surfacing at the Greater Naples YMCA, Youth Haven, Immokalee Farmworker Villages B and C, The Salvation Army facilities, and for walking surfaces at the 4-H Children's Garden. CONSIDERATION: Staff submitted a project which the Board approved on June 12, 2001, Item 16C(1) to resurface athletic tracks at Naples High School and Immokalee High School. Funds obligated for those projects were forfeited due to the inability to complete the work by the required September 1, 2001 deadline. Authorize Staff to proceed with submitted alternative projects that will provide a safer surface for existing playgrounds by using waste tires collected and recycled in Florida. The Waste Tire Grant allows counties to buy materials made from recycled tires in order to promote the benefits of recycling and to "close the loop" by buying recycled products. The projects will include signs as a daily visible reminder of the joint sponsors of the project and the grant that made it possible, as well as emphasizing uses for recycled products. Expenditure of these available funds will reinforce the mission of the Solid Waste Management Department to educate the public on the benefits of community participation in recycling, the need to reduce waste and "close the loop" by purchasing recycled material. The need for increased safety on child playgrounds and walking surfaces, the ability to contribute to non-profit services to children and Iow-income families utilizing recycled tires from Florida was a major consideration in selecting these projects using the Waste Tire Grant funds. These projects must be completed by September 1, 2001 and are consistent with the use of the Waste Tire Grant funds as outlined in the Board's acceptance of the Recycling and Education, Waste Tire and Litter Control Grants on 09/26/00; agenda item 16C(15). ,, , ~..,~ FISCAL IMPACT: Funds are available in the Solid Waste Disposal-Grants, Fund 472. Amount granted for all projects totals $78,881 ($9,832 4-H Children's Garden; $8~521 for The Salvation Army; $11,013 Immokalee Farmworker Villages B/C; $18,220 Youth Haven; $31,295 for The Greater Naples YMCA). GROWTH MANAGEMENT IMPACT: Them is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve using State Waste Tire Grant funds for recycled tire material to resurface play areas at the Greater Naples YMCA, Youth Haven, Farmworker Villages B and C, The Salvation Army facilities, and for new walking surfaces at the 4-H Children's Garden. SUBMITTED BY.' ~.'~ '.~;~~-(.c_ Date: ~rrk,-~ecycl~g Coordinator Solid Waste Management Department REVIEWED BY: G. George Yilmaz, Ph.D., P.E., P.H., REP. Director, Solid Waste Management Department APPROVED BY: '~M~ ~'"'~ ate: J udd, P.E., Administrator Public Utilities Division DK: jtg exec file EXECUTIVE SUMMARY RECOMMENDATION TO AWARD SURPLUS SEALED BID #S01-3243, SURPLUS BID FOR ONE (1) BOAT, MOTOR AND TRAILER TO CHRISTOPHER F. SLABY. OBJECTIVE: To surplus one (1) boat, motor and trailer. CONSIDERATION: Invitations were sent out on May 31, 2001 for Bid No. S01-3243, Surplus Bid for one (1) boat, motor and trailer. Bids were received and opened by the Purchasing Department on June 8, 2001, 2001 The bid tabulation sheet is attached to this summary. One bid was received and after staff review, recommendation is made to award to Christopher F. Slaby as the highest bidder. FISCAL IMPACT: Funds for the sale of the boat will be put into Pollution Control Fund 114 -$200.00. GROWTH MANAGEMENT IMPACT: This bid does not affect the Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners award Surplus Sealed Bid #S01- 3243, Surplus Bid for one (1) boat, motor and trailer to Christopher F. Slaby. ~f/~~n~ith, Acting Director Polluff0n Control Department REVIEWED BY: ~'.2'.k_lj ~-' ,m r~ ~ Stephen 1/. Carnell, Director Put--General Services J, aefies Mudd, Administrator Public Utilities Administration Date: ?-~r7 ~:- ~i:/ Date: Date: AGENDA ITEM No. JUL 31 pg. JUL 3 1 2001 EXECUTIVE SUMMARY WAIVE CONTRACT DOLLAR THRESHOLDS, AND AUTHORIZE THE EXECUTION OF A WORK ORDER FOR CONSTRUCTION SERVICES RELATED TO THE DEVELOPMENT OF A SUPPLEMENTAL WATER SOURCE TO AUGMENT THE RECLAIMED WATER SUPPLY, PROJECT 74125 OBJECTIVE: To develop a supplemental water supply to increase the reliability of the reclaimed water reuse system in the North County Service Area. CONSIDERATIONS: On September 28, 1999, Agenda Item 8(B)5, the Board directed staff to develop additional supplemental irrigation water sources to meet peak season irrigation demands. On December 12, 2000, Agenda Item 8(C)(1), the Board approved an amendment to a work order to Agnoli, Barber, & Brundage, Inc., to provide engineering services related to the design, permitting, and construction services, for a wellfield, with a permitted capacity of 3.5 million gallons, to be located in the Immokalee Road right-of-Way, and approximately four (4) miles of transmission main. Our consultant submitted a permit application to Florida Department of Environmental Protection (FDEP), with a letter dated February 23, 2001. On June 12, 2001 the Wastewater Department received authorization from the FDEP to proceed with this project. In order to achieve completion of the project prior to the next peak season irrigation demand, construction needs to commence as soon as possible. Staff proposes to obtain a price quotation from the four contractors under the current Underground Utilities Contractors agreement, select the lowest quote from the qualified and responsive firm, and have the Public Utilities Administrator authorize and execute a work order on behalf of the County. Section 255.20 F.S. requires that all public works construction projects over $200,000 be procured via formal competition. However, subsection 255.20.1.a, b, and c of the F.S. gives the Board discretion to waive this requirement under emergency circumstances. Accordingly, Staff requests that the Board exercise its discretion and waive the statutory requirements for formal competition and authorize Staff to enter into a Work Order with one of the contractor's under the "Underground Utility Contracting Services", Contract 00-3087, dated September 12, 2000. FISCAL IMPACT: The total cost of this work is estimated as $1,840,000. Funds are available in the Supplemental Water Supply Project, in the County Sewer Capital Projects. Source of funds is user fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. Executive Summary Supplemental Water Supply Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District: 1. Waive statutory and County purchasing policy requirements for formal competition, 2. Waive the upper limit of $50,000 on individual work orders issued under Bid 00-3087 for Underground Utility Contractors related to this project only, 3. Authorize the Public Utilities Administrator to execute the necessary work order, and/or purchases related to completing this project in time for the next peak season irrigation demand. SUBMITTED BY: Alicia Abbott, E.I., Project Manager Public Utilities Engineering Department Date: REVIEWED BY: REVIEWED BY: Stephen Y. Camell, Di~ctor Purchasing Department Date: Roy B/Anderson, P.E., Director Public Utilities Engineering Department Date: 7 -/ REVIEWED BY: APPROVED BY: J eatham, Director Wastewater Department ~i~s V. Mudd, P.E., Administrator Public Utilities Division Date: 7-1g'o I Date: JUL EXECUTIVE SUMMARY AUTHORIZE FUNDS FOR A FEASIBILITY STUDY TO PROVIDE POTABLE WATER SERVICE THROUGH A MUNICIPAL SERVICES BENEFIT UNIT TO PRICE STREET AND BAREFOOT WILLIAMS ROAD OBJECTIVE: To commission a feasibility study that will provide preliminary design and costs for extending potable water service to the benefit of property owners in the vicinity of Price Street and Barefoot Williams Road. CONSIDERATION: There has been an ongoing interest in potable water along the Price Street and Barefoot Williams Road. The proposed improvements would consist of a water main from the Shoppes of Eagle Creek to the Tall Oaks Mobile iHome Park. Staff members held a public meeting on June 20, 2001 in order to inform all property owners of the opportunity that could become available through the Municipal Services Benefit Unit (MSBU). The meeting attendees included 12 property owners; remaining owners received a petition and supporting materials in order to determine the level of interest throughout the area. There are 35 parcels that may be served. A petition was circulated to the property owners resulting in 21 property owners indicating positive interest and 1 against the formation of an MSBU. In order to create an MSBU, seed money is needed to start the Process. Funds must be designated to allow for a feasibility study that will provide a legal description of the MSBU, description of the proposed improvements, preliminary plans and specifications, quantity of materials, estimated costs for design, construction, easement acquisition, administration, and financing. Costs must be allocated to each indiviudal property to be benefitted by the improvement. FISCAL IMPACT: In the event that an MSBU is established, the County can recover the funds provided for the proposed feasibility study from the MSBU. This study is projected to cost $10,826. A budget amendment in the amount of $10,826 is needed to transfer funds for the Water Capital Reserves to the capital projeci number 70077- MSBU Price Street Water Project. Source of funds is Water User Fees. GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATION: That the Board of County Commissioners authorize funds for a feasibility study for potable water service to Price Street and Barefoot Williams Road Area through the formation of a Municipal Service Benefit Unit and approve the necessary budget amendment. I~G£NDA ITEM ~0. ~/ .t"'""~ _ JUL 3 1 2001 Executive Summary Price Street MSBU Page 2 PREPARED BY: REVIEWED BY: REVIEWED BY: /'Jame~~ L. McGee, P.E., Project Manager DATE: Karl W. Boyer, P.E., Public Utilities Senior Project Manager "T~"V. Mudd, Public Utilities Adfi~inistrator DATE: DATE: AG£ ND~k ITI'M NO. { / ~/"--1 JUL 3 1 2001 EXECUTIVE SUMMARY APPROVAL OF A BILLING AGREEMENT WITH COCOBAY CONDOMINIUM, INC. FOR UTILITY CUSTOMER BILLING OBJECTIVE: That the Board of County Commissioners of Collier County, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the Cocobay Utility Customer Billing Agreement for the County to read and bill the individual water meters in Cocobay: CONSIDERATIONS: 1. Cocobay Condominium, Inc. is served by Collier County for water and sewer service through a master meter; however each property has an individual water meter. 2. Cocobay Condominium, Inc. desires that the County read and bill the individual water meters within Cocobay. 3. The County has the capability within its utility billing software to read and bill the individual users for water and sewer service. FISCAL IMPACT: Revenue of approximately $1,600 per year will be generated for the County's services to bill the individual users. Revenue will be recognized in the Water- Sewer District Operating Fund (408). RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approves the Cocobay Utility Customer Billing Agreement and authorize the Chairman to execute the Agreement. Prepared by: /' "~- iL5~ ~ .~. ';"c~z.:2.-O~v//,~ Date: Mary J~hurston, Revenue Manager Utility B_illing and Customer Service (-% Reviewed by ~ r,,_,~QSx .~x, ~°~~ Date: J, ohn ~. Y~nkog~Director-''~ 0~lling and Customer Service Approved by: ~5~--~/~"~,-~~~ Date: J~es V. Mu-dd, P.E.,~Admirfistrator Public Utilities Division MJT:pc '-,,/., , j ,, , COCOBAY UTILITY CUSTOMER BILLING AGREEMENT This agreement is entered into this ~ day of between COCOBAY Condominium Association, Inc., Profit (hereafter referred to as "COCOBAY") and ,2001 by and a Corporation Not-For- the Board of County WHEREAS, COCOBAY is served by District for water and sewer service; and, the Collier County Wa, ter-Sewer owner's names, billing addresses, and site addresses COUNTY to set up individual water and sewer accounts. WHEREAS, the COUNTY has the capability by virtue of the current billing mechanism, to bill users of water and sewer within COCOBAY; and, WHEREAS, COCOBAY desires that the COUNTY read the individual potable water meters within COCOBAY and to render individual bills to the unit owners within COCOBAY utilizing water and sewer; and, WHEREAS, the parties are agreeable to the COUNTY providing this billing service. NOW THEREFORE, the parties hereto agree as follows: 1. COCOBAY will provide to the COUNTY the individual property to enable the Commissioners of Collier County, Florida ("COUNTY"). WITNESSETH: WHEREAS, COCOBAY is a condominium in accordance with the Florida Condominium Act, upon land situated in Collier County, Florida, and administers operation and maintenance of the Condominium; and, WHEREAS, COUNTY is a political subdivision of the State of Florida; and 2. COCOBAY will repair, replace and maintain the individual radio wave water meters within COCOBAY. 3. COUNTY will read the individual water meters within COCOBAY at the same time the COUNTY reads the potable water master meter within COCOBAY. 4. COUNTY, while preparing and rendering its monthly water and sewer bill for the master meters within COC©BAY, will also read, prepare, render and bill said individual customers the amounts due and payable for water and sewer. 5. In exchange for said service being provided by COUNTY, COCOBAY will pay to COUNTY on a monthly basis Four and 00/100 Dollars ($4.00) for each individual water meter read by the COUNTY. This $4.00 per meter fee is subject to annual review. 6. The monies collected by COUNTY for water and sewer consumption pursuant to said billing less the administration fees referenced above in paragraph 5 will be applied as a credit towards any amount due-by COCOBAY to COUNTY for the mater meter for COCOBAY. 7. The duration of this Agreement shall be until the COUNTY or COC©BAY terminated this agreement providing the other party provides at least ninety (90) days advance written notice of his intent to terminate. AG[NO~ IT£N ~ ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX- OFFICIO OF THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT BY: DEPUTY CLERK BY: JAMES D. CARTER, Ph.D., CHAIRMAN DEPARTMENT OF UTILITY BILLING AND CUSTOMER SERVICE Approved as to form and legal sufficiency: Assistant County Attorney WITNESSES: (Print Name) (Print Name) BY: JOHN A YONKOSKY, DIRECTOR Cocobay Condominium Assoc., Inc. (Seal) STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared /.,P, vo g~/~cC~ Lo rd I~c__~ , well know to be the .~12~t~,~.A_~'/' of the Cocobay Condo Association, Inc. executed the foregoing Agreement. He is personally known to me and did not take an oath, WITNESS my hand and official seal this _].~---b~ I"Y) ~/~2.-/-] , 2001. (Seal) ~'~ seta. CANDACE E, NELSON ~ ~[ ,x~.~,, MY COMMISSION # CC 910866 ~,/'t 0~ ~.~: EXPIRES: Feb 28, 2004 1-800-~IOTARY F~a Not~ry Service & Bonding Co, day of N O-3~RY PUBLIC. C(; . ) Printed Name:~./~/~/q(_;~ .J.:- ,//-,l~k.%o ','-') Commission No: ~ ~ 10%'6, ~- My Commission Expires: 2-/~.%/~z..~ ~ NO. I/~v'- 'z/3~ /o, EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR ELECTRONICS RECYCLING OBJECTIVE: Request the Board of County Commissioners' approval of the attached Agreement with the State of Florida Department of Environmental Protection (FDEP Agreement No. HW465). CONSIDERATION: This agreement will facilitate implementation of the County's electronic products collection and recycling program in cooperation with the Florida Department of Environmental Protection. Under the terms of this agreement, the FDEP shall pay Collier County Solid Waste Management Department, on a cost reimbursement basis an amount not to exceed $50,000.00 to defray costs to begin an ongoing electronic products recycling program. The program will incorporate advertised collection events and drop off sites. Items to be collected: CRTs, computers and peripherals, telephones, video/audio equipment and small household electrical appliances such as power tools, health and beauty appliances. Grant expenditures break down as: $7,250.00 start up capital eligible for reimbursement (on 50% basis), $39,000.00 actual recycling/demanufacturing costs, and $3,750.00 education/advertising. FISCAL IMPACT: The Electronic Products Collection and Recycling Grant fund will generate revenue in the amount of $50,000.00 and will be deposited in Solid Waste Disposal Grants, Fund 472. The funds will be received by submission of quarterly reimbursement requests. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board: Authorize the Chairman of the Board to sign the attached agreement with Florida Department of Environmental Protection (FDEP Agreement No. HW465). 2) Authorize the staff to prepare the necessary Budget Amendment re1og~jo.~NDA~ additional revenue and corresponding expenditures. '-- ~ ! JUL 1 2001 3) Authorize the staff to utilize State approved Electronic Recycling processing firms, which are currently under the State Contract in an amount to exceed $25,000.O0. Denise~irk, Recyclir~g Coo-rdinator Solid Waste Management Department G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. ' Director, Solid Waste Management Department REVIEWED BY: ~,,_~../_/~,~4 ~//] ~ J*(/'u~? Date: Stephen Y. Carnell [~ector Purchasing Department J~s V. Mudd, P.E., Administrator Public Utilities Administrator GGY:jtg/file: exec. sum AGENDA ITEM NO. ~t ~'~ JUL 3 1 2001 DEP Agreement No. HW465 STATE OF FLORIDA ELECTRONIC PRODUCTS COLLECTION AND RECYCLING GRANT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Comraonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Health/Community Services Building, Naples, Florida 34112 (hereinafter referred to as "Grantee" or "Recipient"), a unit of local government, to conduct an electronic products collection and recycling program. In consideration of the mutual benefits to be derived herefrom, the Depathaent and the Grantee do hereby agree as follows: The Grantee does hereby agree to conduct an electronic products collection and recycling program, as set forth in this Agreement, Attachment A (Scope of Services), Attachment B (Electronic Products Collection and Recycling Grants Criteria), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. This Agreement shall begin upon execution by both parties and end June 30, 2002, inclusive. A final invoice shall be submitted no later than June 15, 2002, to assure the availability of funding for final payment. As consideration for the services rendered by the Grantee under the terms of this Agreement the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $50,000. AD Expenditures for any work performed prior to the execution of this Agreement are not reimbursable under this Agreement. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly signed and completed Payment Request Summary Form, attached hereto and made a part hereof as Attachment C. In addition to the Payment Request Summary Form, the Grantee shall submit documentation, in accordance with the Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Attachment D, supporting the costs reported on the Payment Request Suaxan~ Form. All requests for reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. The Department reserves the fight to audit the Grantee's disbursements as it deems necessary. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The Grantee shall submit quarterly invoices in conjunction with the quarterly progress reports required under paragraph 5.B. D. Five copies of each invoice, including appropriate backup documentation, shall be submitted to: Florida Department of Environmental Protection Hazardous Waste Management Section Atto: Raoul Clarke, Environmental Administrator 2600 Blair Stone Road, MS 4555 Tallahassee, Florida 32399-2400 A final invoice must be submitted by June 15, 2002, to assure availability of funding for final payment. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. DEP Contract No. HW465, Page 1 of 5 AGENDA ITEM JUL 3 1 2001 PG. --~ , 10. 11. Ao In an effort to conserve and recycle natural resources, the Grantee shall submit all reports generated under this Agreement on recycled paper. The Grantee shall submit quarterly progress reports describing the work performed (including the information required in Attachments A and B), problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than thirty (30) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31st, June 30th, September 30th and December 31st. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. Documentation, in the form of required reports, mus[ be in detail sufficient for pre-audit and post-audit review and approval of invoices. The Grantee agrees to provide a copy of any draft report and/or f'mal report to the Deparm~ent before making, or allowing to be made, a press release, publication, or other public announcement of the project findings. A° Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Bo The Grantee agrees to require all subcontractors to indemnify, defend, save and hold harmless the Department from all claims, demands, liabilities and suits of any nature arising out of, because of, or due to any negligent act or failure to act by the subcontractor, its agents or employees to the extent permitted by Florida law. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. The Department may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the Grantee. C. Notice shall be sufficient if delivered personally or by certified mail to the appropriate Grant Manager. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit .purposes. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable provisions contained in Attachment E. A revised copy of Attachment E, Exhibit-I, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. If the Grantee fails to receive a revised copy of Attachment E, Exhibit-l, the Grantee shall notify the Department's Contracts Administrator at 850/922-5942 to request a copy of the updated information. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment pr' all rnc}nla~ duo. AGENDA I TEf'i NO. DEP Contract No. 1tW465, Page 2 of 5 J U L 3 1 2001 12. 13. 14. 15. 16. 17. under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. The Grantee shall comply with all applicable federal, state and local .rules and regulations in performing this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. The Department's Grant Manager for this Agreement is identified below. Raoul Clarke, Environmental Administrator Florida Department of Environmental Protection Hazardous Waste Management Section 2600 Blair Stone Road, MS 4555 Tallahassee, Florida 32399-2400 Phone: 850/921-9216 or SunCom 291-9216 The Grantee's Grant Manager for this Agreement is identified below. Denise Kirk, Recycling Coordinator Collier County Solid Waste Management Department Health/Community Services Building 3301 East Tamiami Trail Naples, Florida^L34112 Phone: 941/~2508 or SunCom 751-2508 To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers~ Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. Ao The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. The Grantee shall ensure that its subcontractors secure and maintain such insurance as will protect it from claims under Workers' Compensation Acts; comprehensive general liability coverage with limits of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate for bodily injury and property damage, and comprehensive automobile liability coverage with limits of not less than $1,000,000 combined single limit for bodily injury and property damage. The Grantee shall ensure that its subcontractors' current certificate(s) of insurance contains a provision that the insurance will not be cancelled for any reason except after thirty (30) calendar days written notice to the Grantee. DEP Contract No. HW465, Page 3 of 5 18. 19. 20. 21. 22. :23. The Grantee covenants that it presently has no interest and shall no~ acquire any interest which would conflict in any manner or degree with the performance of services required. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment F, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. By execution of this Agreement, the Grantee certifies that all information technology products resulting from this Agreement will properly manage Year 2000 dates/data. In addition, the Grantee agrees to comply with the provisions of Florida Department of Management Services, Division of Purchasing Memorandum No. 6 (1998- 99), dated February 5, 1999, which are hereby incorporated by reference and provided as Attachment G, attached hereto and made a part hereof. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAI2qDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. HW465, Page 4 of 5 AG£1~OA ITEH .o. JUL 3 1 2001 PG. ~--~ IN WITNESS WI-IE1LEOF, the parties have caused this Agreement. to be duly executed, the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Title*: Chairman Date: DWIGHT E.. BROCK, CLERK A~m ~ legal sufficiency lssista~i~ ~ounty Attorney FEID No.: 59-6000558 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or designee ! DEP Grant Manager DEP Contracts Administra~r~~~' *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolutiOn, statement or other document authorizing that person to sign the Agreement on behalf of the Chairman must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Description (include number of pages) Scope of Services (4 Pages) Electronic Products Collection and Recycling Grants Criteria (3 Pages) Payment Request Summary Form (1 Page) Comptrollers Contract Payment Requirements (1 Page) Special Audit Requirements (5 Pages) Property Reporting Form (1 Page) DMS, Division of Purchasing Memorandum No. 6 (1998-99) (3 Pages) DEP Contract No. HW465, Page 5 of 5 AGENDA ITEM UL 3 I 2001 '7 ATTACHMENT A SCOPE OF SERVICES COLLIER COUNTY ELECTRONIC PRODUCTS COLLECTION AND RECYCLING GRANT PROPOSAL Introduction This Proposal explains electronics collection and recycling programs proposed in Coil/er County and how grant funds would be utilized for such a prograrm Collier County (FEID #59-6000 558) has a population of about 230,000, generates about 550,000 tons of solid waste per year and has an adjusted recycle percentage of about 24%. The County is divided into two collection districts, District One . serviced by Waste Management, Inc. and District Two by Immokalee Disposal Company. We are currently in the process of expanding our recycling program to include plastics #1 through #7, mixed paper and cardboard to the curbside program and writing an ordinance to mandate commercial/business recycling. In addition, the County will begin collecting electronic products for recycling through round up events, drop off collection sites and in District Two, curbside collection of electronic products. Items to be Collected as Electronic Products Televisions, CRT's, keyboards, VCR's, radios, printers, scanners, computer modems, peripherals, monitors and hard drives, CPU's and phones. Board of County Commissioners Direction During the Regular Meeting of the March 27, 2001 of the Board of County Comm/ssioners, the BCC was informed by Staff that as part of renewed/extended contract negotiations with Waste Management, Inc. (WMI) and Immokalee Disposal Company (IDC), electronics recycling was included as an additional collection program. This program addition would be at no additional cost to County residents. Collection Methods IDC and WMI are currently contracted as waste haulers for Collier County. These two haulers would, as agreed in conlract negotiations, be responsible for transporting electronic mater/als to a specified site and the County would bear the cost of recycling. As part of the renewed contract, WMI will participate in electronic product round-up events and provide containers for drop-off in our three transfer stations being converted into recycling centers. Sites for the round-up events and container placement would be at County facilities: existing transfer and recycling centers. IDC will participate in round-up events and provide drop-off containers on its site. In addition, [DC will pick up electronic products curbside at no additional cost to residents. Round up events will be held approximately four times a year with no less than one event per year in each collection district in an easily accessible location within the community. Drop off containers will be provided on the [DC site, the Naples Transfer Station and the Marco Transfer Station. (Transfer Stations are soon to be renamed Transfer and Recycling Centers.) It is proposed that collection of electronic products will be limited to three items per household/small business participant with a minimal per item charge for additional items. Coil/er County will investigate, including site visits, to choose the electronics recycling/demanufacturing processor to ensure adherence to State requirements for electronics recycling and hazardous waste handling, constructing a contract to reflect the requirements to be met. DEP Contract No. HW465, Attachment A, Page 1 of 4 ~o. ~/./--~) JUL 3 1 2001 Cost to Collier County Solid Waste Management will be responsible for the processing and recycling cost for a full scale program. Additional cost of recycling of Electronic and Electrical Equipment (EEE) is estimated at $50,000 per district. Total additional cost is estimated to be $100,000, implemented in both districts. The cost includes PR, advertisement, public education and marketing, and EEE recycling. Survey Results A survey regarding electronics recycling was taken during a Household Hazardous Waste Collection Event March 18, 2001. Results of that survey were that 85% of respondents said that they would utilize a drop-off facility for electronics. One third said they currently dispose of electronics by throwing them in the trash. Just over a third donated the equipment. A summary of the survey results follow the bu. dget section of this proposal. Conclusion Collier County has recognized the need to recycle electronic equipment and is creating a program to do so. We have negotiated collection processes with our major waste haulers and identified drop-off site locations. We have estimated costs, identified and visited possible recycling contractors/facilities and reviewed State contracts with electronic recycling processors/demanufacturers and contract requirements. We have surveyed residents for feedback regarding the need and desire to recycle electronics. Collier County is positioned to begin an ongoing electronics recycling program and is requesting grant funds to defray start up costs for a program that will continue after the grant funding period. Funding Request Collier County requests at least $50,000 to implement the program for electronic products recycling. The budget below provides a summary of the estimated project costs. Actual costs for the various project components may differ from these budget estimates and the County reserves the fight to reallocate funding between project components with notification to the DEP Project Manager. The County realizes that if funds are moved to a Capital Outlay category that an equal match from the County is required. Electronic Products Collection and Recycling Grants Proposal Budget Breakdown START UP COSTS FOR DROP OFF LOCATIONS Naples Transfer Station 2640 Enterprise Ave. Ext. Naples, FL 34104 (941) 643-3099 Marco Transfer Station 771 Elkcam Circle Marco Island, FL 34145 (941) 394-2134 Immokalee Disposal 120 W. Jefferson Avenue Immokalee, FL 34142 (941) 657-2729 14x20 Building (Ted's Shed) Hyd Pallet Track Aluminum Dock Board Shrink Wrap ($45 per case, 4 case start up recommended) Gaylord/D Containers ($45 each, if necessary, 4 to start) Sign (estimate) 100 lb. scale (estimate) Total for each location $5,320.00 500.00 67O.0O 180.00 180.00 150.00 500.00 $7,500.0O DEP Contract No. HW465, Attachment A, Page 2 of 4 Because this is primarily capital outlay and a 50% cash match is required per grant specifications, the equipment start-up costs for three drop off locations is: $22,500, $11,250 of which would be reimbursable by the grant. CONTRACTOR QUOTES American International Items Collected Trading AERC ($ per lb.) ($ per lb.) Superior Special Services, Inc. Monitors 0.15 0.50 8.75 each Televisions 0.15 0.50 28.00 each Keyboards, VCR's, Radios 0.10 0.50 0.35 per lb. Printers 0.10 0.50 4.00 each Modems & Drives 0.05 0.50 0.35 per lb. CPU's 0.05 0.50 no charge Telephone, small appliances 0.05 0.50 0.35 per lb. Containers Will Provide Limited Provision No Information Note: As of October 1, 2000 until September 30, 2003, AERC (formerly MTIA) is under State Contract (#991-705-0102). Contractor information was gathered for a pilot program. For the purpose of understanding the potential cost of an electronic products recycling program, staff contacted several companies that collect and recycle electronics. Staff keeps in mind that the lowest price may not represent the best company. For example, since many of these components contain hazardous materials, a contractor must have an acceptable operation that ensures materials are properly managed in accordance with appropriate roles and regulations. Funds expected to be utilized for actual recycling/demanufacturing costs: $70,000 PUBLIC EDUCATON/ADVERTISING CAMPAIGN A marketing plan to announce and educate the public about the program for collecting and recycling electronic products includes television, radio and print advertising, press releases, brochures and other public education materials, telephone hotline information expansion (941 775-3900) and construction of a new page on our website (www.colliercountyrecycles.com). Information on the electronic products recycling will be combined with a planned countywide education and promotion campaign to announce and promote the expanded program which includes additional items collected curbside and newly mandated commercial/business recycling. Expenditure of the $50,000 grant amount breaks down as follows: Start-up capital outlay eligible for reimbursement $11,250 Actual recycling/demanufacturing costs $35,000 Education/Advertising campaign contribution $ 3,750 Note: Collier County will be responsible for all costs exceeding.the funding available under this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. HW465, Attachment A, Page 3 of 4 AC.-~[ NO A I T£~"'x END OF LIFE ELECTRONICS SURVEY RESULTS Specifics of the survey This portion of the EEE survey was conducted on Marco Island in March, 2001 during a Household Hazardous Waste Round Up event. Participants were residents asked to answer the questions while they were voluntarily bringing in items to be properly disposed of. No incentives were offered in return for filling out this survey. Of approximately 320 participants, 220 surveys were answered. A spreadsheet is available with actual answer counts. Percentages may not add up to 100% due to questions left unanswered or marked not applicable. QUESTIONS How many computers do you have in your home7 24% answered zero, 52% have one, ! 6% have two, 5% have three and 1% have four Do you use a computer at work? 36% do, 60% do not How often do you anticipate replacing your computer at home? 1% said in a year, 6% in two years, 13% in three years, 42% in four years, 1% in five years Do you know there are hazardous wastes in electronic equipment? 60% answered Yes, 37% No How many TV's do you own? 6% own one, 22% own two, 27% own three, 21% own four and 13% own five How do you dispose of your used/outdated electronics? 33% trash electronics, 19% say they recycle them, 38% donate and 4% are storing them Would you utilize a recycling/disposal drop off facility for your used electronics? 85% of respondents say they would while only 10% said they would not Would you pay a small fee to recycle electronics? 69% answered Yes, 27% No Do you recycle? 99% of respondents said they recycle, 1% said no Are you a full or part time resident? 67% of respondents are full time residents, 32% part time What is your age? 8% age 25-45, 15% age 45-55 and 78% age 55 and older Data gathered may be specific to older Marco Island residents who are among a group akeady willing to make the effort to recycle. As more surveys are presented, a broader range of respondents should provide a more diverse sampling. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. HW465, Attachment A, Page 4 of 4 ATTACI]MENT B Florida Department of Environmental Protection Electronic Products Collection and Recycling Grants Criteria For Grant Period Beginning with Agreement Execution or July 1, 2001, whichever is later, through June 30, 2002 A. General Requirements and Guidelines 1. Focus on CRTs (monitors and TVs), computers and peripherals but may collect all products listed below in "C. Acceptable Mater/als Categories" 2. Must collect from public and private (residential and small businesses) 3. Type of collection (single/multiple day, retail electronics business/charity partnership, mobile, drop-off, curbside/pickup, etc.) and selection of eligible reimbursement categories (listed below in B) up to the county 4. No requirement for a match, except if purchasing buildings or capital equipment (50% cash match for buildings or equipment line items only) 5. Up to 8 counties will be awarded $50,000-$75,000 each 6. Funds must be expended within 1 year of contract execution 7. Final invoices will be held until project is complete including recycling of all collected materials Note: Funding is intended to help counties start an ongoing electronics recycling program. County programs that are planned to continue after funding dollars have expired are more desirable than programs that will not continue after the funding period. Electronic collections can be combined with regular Household Hazardous Waste collections. B. Eligible Reimbursement Categories 1. Storage building (build, buy or lease): build or buy requires 50% cash match 2. Capital equipment including fork lift, truck, trailer, storage rolloff, scales (purchase or rent): purchase requires 50% cash match 3. Contracted labor 4. Contracted transportation costs to collect or deliver to demanufacturer including truck rental 5. Contracted recycling or dernanufactur/ng costs 6. Contracted program publicity (print, radio, TV, Web) 7. Contracted data collection and report writing/printing Non-eligible reimbursement categories 1. County labor 2. County office overhead and any administrative expenses 3. Travel and conferences Note: Proposals that direct most of the funding to actual recycling/demanufacturing costs are more desirable. C. Acceptable Materials Categories Note: At a minimum, the following categories must be used: 1. Monitors/terminals 2. TVs > 19" (consoles or tabletops) 3. TVs _< 19" (tabletops) 4. CPUs (includes laptops) 5. Large computer peripherals (printers, scanners, copiers, fax machines, etc.) 6. Small computer peripherals (keyboards, mice, cables, game hardware, uninterruptible power supplies (UPS), external drives and modems, etc.) 7. Telecommunications devices (desk phones, mobile phones, pagers, hand held devices, etc.) 8. Video and audio equipment (stereos, VCRs, radios, tape players, speakers, etc.) 9. Small household electrical appliances (small kitchen appliances, powe~ tools, health/beauty appliances, etc.) Unacceptable Materials: White goods (stoves, refrigerators, water heaters, dryers, etc.) DEP Contract No. I-IW465, Attachment B, Page 1 of 3 D. Data Collection Note: At a minimum, the following data must be collected. Follow the model in "End-of-Life Electronic Equipment Pilot Collection Program Summary Report-Alachua County, Florida," October 1999, relevant sections attached, full report at http://www.dep.state.fl.us/dwm/programs/electronics/files~alach_99.pdf. 1. Number of participants 2. Collected end-of -life electronic equipment breakdowns (by type, mt, weight and, for TVs only, manufacturer name): This can be done by the county or by the demanufacturer/recycler. See Alachua County report, pages 3-5. 3. Costs (include breakdown by reimbursement categories above): See Alachua County report, pages 5-6. 4. Written survey of participants (except with a curbside program or another type of collection where surveying would not be practical): See Alachua County report, Appendix A for survey questions. E. Additional Grant Rgquirements Any demanufacturing/recycling contractor used on a contractual or lot bid basis must meet the following minimum requirements used in the state electronics recycling contract. Relevant sections of the state contract are attached for reference. Full contract is available at http://fcn.state.fl.us/st contracts/991705001. do Large Quantity Handler of Universal Waste Batteries notification (not necessary for demanufacturers/recyclers that handle only TVs) Mercury-Containing Device Handler registration (not necessary for demanufacturers/recyclers that handle only TVs) Insurance type (required) and limits (recommended) 1) Workers Compensation - legally required limits 2) Commercial General Liability - $1,000,000/occurrence; $1,000,000 aggregate 3) Hold Harmless Endorsement - holds county and state harmless Documentation of end markets for equipment (monitors, TVs, CPUs, printers, phones, etc.), recovered components (chips, drives, circuit boards, batteries, etc. ) and recovered materials (ferrous metal, nonferrous metal, cones, leaded glass, plastic, etc.). The list of equipment or materials for which end markets shall be documented will depend on the level of demanufacturing involved. For example, if a TV is being sold as is for repair, documentation of recovered components of materials will not be required. Documentation may be in the form of (1) letters of agreements/contracts on subcontractor letterhead; (2) copies of agreements/contracts indicating scope of agreement, dates and signatures; or (3) sworn affidavit from contractor on contractor letterhead. Such documentation shall specify the specific materials involved, time period for which agreement or affidavit is valid, and a general description of the material disposition (precious metal recovery, sale to repair facility, resale to public, secondary lead smelter, etc.). If materials are being exported, documentation must indicate that the materials are being bought by the importer for a reasonable, commercial value, that is, for more than a token value. 2. Quarterly progress reports submitted to the DEP. Final report describing the project including the number of participants, quantities of materials collected, costs and survey results. Follow the model in "End-of-Life Electronic Equipment Pilot Collection Program Summary Report- Alachua County, Florida," October 1999, available at http://www.dep.state.fl.us/dwm/programs/electronics/ffles/alach_99.pdf. F. RFP/Contracting Timelines 1. Approximately 23 counties with HI-IW programs meeting DEP selection criteria and that have not received a DEP Innovative grant for electronics recycling in the last 2 years will be invited to propose a program. 2. Letter of intent from county HHW coordinator level or above within 2 weeks of invitation. 3. Formal proposed scope of work within 4 weeks of invitation, unless granted extension by DEP project manager 4. Evaluation and award of grants within 6 weeks of invitation (proposed) 5. Grant contract development and execution by target date of 7/1/01 DEP Contract No. ITW465, Attachment B, Page 2 of 3 AGENrJA ITEM NO. It 4/'~ PG. /3 G. Attachments (2) 1. "End-of-Life Electronic Equipment Pilot Collection Program Summaxy Report-Alachua County, Florida," October 1999. 2. "Recycling Services, End of Life Electronic Equipment," State Contract # 991-705-00-1, Effective: 6/19/00 through 6/18/03 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. HW465, Attachment B, Page 3 of 3 JUL 3 1 2001 GRANTEE: DEP AGREEMENT NO.: DATE OF REQUEST: AMOUNT REQUESTED:$ ATTACH3/IENT C PAYMENT REQUEST SUMMARY FORM GRANTEE'S GRANT MANAGER: PAYMENT REQUEST NO.: PERFORMANCE PERIOD: PERCENT MATCHrNG REQUIRED: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period] AMOUNT OF THIS TOTAL MATCHING CATEGORY OF EXPENDITURE REQUEST CUMULATIVE FUNDS PAYMENTS Salaries $ $ $ Fringe Benefits $ $ $ Travel (if authorized) $ $ $ Subcontracting: $ Planning $ $ $ Design $ $ $ Construction $ $ $ Cons~'uction Related Costs $ $ $ Equipment Purchases $ $ $ Supplies/Other Expenses $ $ $ Land $ $ Volunteer Services N/A N/A $ Donated Goods/Services N/A N/A $ Overhead $ $ TOTAL REQUESTED $ $ $ TOTAL GRANT A GREEMENT $ Less Total Cumulative Payments of: $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned cer~fies that the amounts being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number DEP Contract No. HW465, Attachment C, Page I of 1 AGI~ NOA IT£H NO.., JUL 3 1 2001 /5" ATTACHMENT D Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the m/nimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct cost. DEP Contract No. HW465, Attachment D, Page 1 of 1 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department'; "DEP'; "FDEP" or "Grantor'; or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor'; "Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to complY and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A- 133, as revised. 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. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of Environmental Protection 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 of Environmental Protection. 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 audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee respons~ilities 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 recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the interact at http://aspe.os.dhhs.gov/cfda. PART H: STATE FUNDED This pan is applicable ii'the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable roles of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Depa~m~ent of Environmental Protection by this agreement. In determining the State awards expend-~ I i"°- IL, Cfi DEP¢ontract o. 'W46 ,A c entE, Page 1 0*'5 J JUL 3 1 2001 year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from nonstate funds (i.e., the cost of such an audit must be paid from recipient funds obtained from o~er than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the website for the Governor's Office of Planning and Budget located at http://www.eog.state.fl.us/for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's website http://www.leg.state.fl.us/, Governor's website http://www.flgov.com/, Department of Banking and Finance's website htW://www.dbf, state.fl.us/, and the Auditor General's website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with section 215.97, Florida Statutes. In such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Raoul Clarke Florida Department of Environmental Protection Hazardous Waste Management Section 2600 Blair Stone Koad, MS 4555 Tallahassee, Florida Auditor Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS 40 Tallahassee, Florida 32399-2400 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Section .320(d)(I) 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 120t East 10th Street Jeffersonville, IN 47132 DEP Contract No. HW465, Attachment E, Page 2 of 5 AGENDA ITEM N0.__~ JUL 3 1 211 1 /J' Co 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(0, 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 of Environmental Protection at each of the following addresses: Raoul Clarke Florida Deparlment of Environmental Protection Hazardous Waste Management Section 2600 Blair Stone Road, MS 4555 Tallahassee, Florida Auditor Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS 40 Tallahassee, Florida 32399-2400 o Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Raoul Clarke Florida Department of Environmental Protection Hazardous Waste Management Section 2600 Blair Stone Road, MS 4555 Tallahassee, Florida Auditor Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS 40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by PART IH of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Raoul Clarke Florida Department of Environmental Protection Hazardous Waste Management Section 2600 Blair Stone Road, MS 4555 Tallahassee, Florida Auditor Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS 40 Tallahassee, Florida 32399-2400 DEP Contract No. HW465, Attachment E, Page 3 of 5 AGENDA ITEm JUL 3 1 2001 pG._ Any reports, management letters, or other information require~d to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three (3) years from the date the audit report is issued, and shall allow the Departmenl of Environmental Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. HW465, Attachment E, Page 4 of 5 NO. ,o?0 _ d Z c~ AGENDA ITEM UL 3 1 2001 ATTACHNIENT G SERVICES TOH McGuEr~ February 5, i999 MF./vlORANDUM NO,: fi (98-99) TO: FROM: SUBJECT: The C)ffiee of I1~ Attorney Gen,,ral in conjunction wilh tk= Y~at 2{XIO Project Office and Stare Purchasing. bas deve]oped a compr~-M:mivc Year 2000 Compliam:¢ cJauae which in¢lu~$ a compliance warranty, remedy, and r=seller's r~pomibility. h is r~comrmncted cttat Otis Year 2000 Co,nplianc¢ language be included (in i,s entirety) ia any procuz~rneat d~cuzr~n¢ md contract for information technology hardware, ~ftwuc, and se. rmr. s, ired othe: "products" which an~ or contain '~ohware, tqrmwa~e, microcode., or cmbccld~ chip te, clmolog),, It is not necessary to ~pl~ ~he. Year 2000 ]at~lluage in e~still.g procurement documents ot contracts, bat instead, utdize this new languag~ in any n~'w prucx,r=menls and contracts. Also. for "produeta" or servicr, s bough~ t'¢om State coatra~ts i~ in ecg nec. e~$ary to incAad¢ thc Y;ar 2000 ]ang~age in :be procurement document or contract, .qinc~ wndors axe air~ady Ixmnd by the Yeaz 2000 language Jl~ the State contract, This Yeaa 2000 Ct~mpbanc~ language is available in SPURS. DEP Contract No. HW465, Attachment G, Page 1 of 3 AGENDA ITEM NO o__~ JUL 3 1 2OOl S~ate A~cn¢.y Pu~ha~ing Dircctor.~ Page 2 YEAR 2000 C()MI'LIANCE'WARR AN'¥Y For purposes of this Year 2000 wot'ratty, thc ~crm "Prnduct, sh.~ll [nclud~ software, f'trmw, ce, microcode, ha~dw~rc a~d ~mbedde~ ch)p technology. Ve..ndt~r war, ants that lhe l~z,oduct ms Ycar 2~ C0mpH~L ~1 vcrsi~ms o~' t~ Product of~d by t~ ~ndor an~ pU~c~ed by ~ Sta~e, ~or wbic~ V~dor ~s ohliga~ to p~vi~ m~nc~n~ ~cc ~c, ~nd i. ~e ~rure. will be, Ye~ 2~ Complin~t. Ye~ 2~ ~mp]t~ ~uns th~ Pr~I wit] Jacl~e t~ ~bility to: con~s~n0y ~]e date ~nfo~adon l~u=y ]. 2~. ~nc~ng acc=piing dat~ inpuL ~v~ng d=c out. t, f~tion ~o~, during ~ ~r ~un~ I, 2~, wi~ut ~h~ ne~ fo~ ~ogr~ ch~ ca.cd by thc ndvcnt o[~h~ ~w c~;u~: pro~ly ~e ~] dal= ~l~t~ Lnfotm~ion ~f~ and following Ion I, 2~1, inctuding but not h~md ~o accurat~ and rctiablc ~sing date and da~e ~[~ted ~, including c~uJa~n~ coming and ~e~lng: ~o~rIy The duzadon of ;his warra.~ty and thc remedies avn.ilablc Io ~he State fo~ b~h of I~s w~ty sh~J bc ~ de~ in. ~n~ subjccc ~o, I~ :erms ~ libations o[ ~ny ~cr~l w~ty ~ovi~ion; provistou(s), or in ~hc ab~nce of ~ny such wa~nry ~vi~on(s), ~fecm in t~ Pmguc~ ~g~d to Yea: 2~ Compli~cc, it auy, wJl~ ~ ~ied by Vendoc at Vcador's :use within ti~Er~-~ mu~ually ag~ ~a wigh ~e Star~ Vendor cannot ~ ~[d ~nsib~ for ~s resulting f~om ~vi~ or s~mms ~m~l ~o r~.~ can~l w~c~ ~u ~r~Ced to dircc~y ~y da~ab~: p~vid~ u~r ~s ~r~enr ~d ovc~fi~u ~od~t ~e fields or [:om the impm~r integration of ~on-Y~r 20~ Compli~ s~t=m~. N~ng in thi~ w~auty ~1 ~ co~st~ed to 1~: ~y dghc~ ar tem~cx ~hc Slalc ~y ot~isc ha~ un~r {hJ$ con~l with ~s~t ~ d~f~cl~ other ~h~ Ye~ 2~ ~rfo~ce. YEAR 2000 REMIgDY CLAUSE 2n the ewnt of auy decrease in pcoduct functiona]iiy cetat~d m ~= ~d dm=~ta~ co~m and iu~rn~ sub:outin~ Ih~ {m~e t~ ~w~ ~ moftw=c p~ams from ~raling bcyond Mi]lenniu~ Dale C~n~, ~c~nsors and Vendors of ~cc~o~ products. ~ m~ ~ui:~ co.clips to msto~ ~w~ and ~ftw~c p~gra~ m ~ s~c Ic~l of funcdon~ily ~ w~:~ ~{n at no chl~ ~ ~e license, ~nd without i~tc~pii~ ~o lbo ongoing busin~ of ~ ]icen~, t{~ ~iug of th~ DEP Contract No. HW465, Attachment G, Page 2 of 3 All ~rodu~-;s bi~l under tl'J.s bJ.~:<~fl~,raet will be Yc~ ~ comp]i~t. Y~ ~ ~liant du~g. a,<t ~ef J~u~ 1.2~. i~lu~flg a~:ptin8 dam Jflput. prov~diflg d~ out, ut. arid ~Jeg ~ttcs; function ~fore, d~ing ~d afmr ~nu~ 1, 2~, w~:~ut thc n~ t~ prog~m :h~ges cau~d by th~ ~nt of the n~ gefl~u~; p~p~iy han~]c ~ll ~ae ~l~d in~o~t~on ~ p:~ssing ~ and ~atc ~latcd dttt, iaclu~flg ctl~l~ttng, com~ing ~ 29, 2~ ~ store ~ ~v~de ~t~t of dt~¢ iflformmion in ways t~al ~ ufl~biguous ~ to ceAt~. ~le~ ~ay ~v~de A "p~s t~gh w~:7~ f~m ~he d~velo~r, which meets ~1~ 1~ w~aacy ~uim~A~s ~ t~ .~ate, and which. ~ Pl~se coflt~t ~t Hicks at 487~17. Sunc~ 277-~ t 7, ~a]d you ~ve ~s~o~ or =ccd ~attio~ info~ioa. DEP Contract No. HW465, Attachment G, Page 3 of 3 AGENDA IT£~ NO. ./ / JUL 3 1 Po. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE RESOLUTIONS SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING TO APPROVE A SPECIAL ASSESSMENT (NON- AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE SOLID WASTE DISTRICT 1 AND DISTRICT II MUNICIPAL SERVICE BENEFIT UNIT FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES AND APPROVE THE FIRST CLASS NOTICE TO BE SENT TO ALL ASSESSABLE UNITS AS WELL AS APPROVING THE POSTAGE AND MAILING COSTS. OBJECTIVE: To have the Board of County Commissioners approve the resolutions setting the date, time and place for the public hearing for approving the special assessment (non-ad valorem assessment) to be levied against properties within the Solid Waste District No. 1 and District No. II Municipal Service Benefit Unit for solid waste collection and disposal services and approve the first class notice to be sent to all assessable units as well as approving the postage and mailing costs. CONSIDERATION: On 12/19/95, the Board of County Commissioners approved an Ordinance (95-78) amending Collier County Ordinance 90-30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessment on the non-ad valorem section of the tax bill, commencing in November 1995. The original resolutions, 96-297 and 96-298, were set for a period of 5 years commencing with FY 1996-97. The five-year period is over and staff is requesting the approval of another resolution for a one-year period. Staff intends to submit another resolution next year for a period of one year. The one- year resolution will give staff time to calculate future assessment amounts. Staff is proposing a rate not to exceed $175.00/unit/year. Staff believes the assessment will be $135.48/unit/year for both districts if the Naples Landfill receives it operating permit. If the permit is not secured, the assessment can be up to, but will not exceed $175.00/unit/year. Florida Statutes, section 197.3632 requires that a public hearing be held to adopt a non-ad valorem assessment roll for purposes of utilizing the uniform method of collection. The attached resolution is to set the date, time and place for the public hearing. Florida Statutes, section 197.3632, requires that notice of such public hearing to consider the adoption of the assessment roll (non-ad valorem assessment roll) shall be mailed first class to all property owners in the Municipal Service Benefit Unit(s) as listed on the preliminary roll (non-ad valorem assessment roll) at the address provided for said roll. ~ Staff recommends that the Board of County Commissioners adopt a Resolution for a one-year period with a not to exceed $175.00 per equivalent residential unit per year, commencing with FY 2001/02. Staff also recommends that the Board of County Commissioners set the public hearing for September 11, 2001, beginning at 9:00 a.m. FISCAL IMPACT: The fiscal impact can be broken down into two (2) distinct categories. They are: · Cost of direct mailing at 0.2428 cents per notice (75,000 - approximately) or $18,210. · Cost of postage is estimated at .26 each or $19,500 for approximately 75,000 letters · Legal advertising approximately $4,500 · Direct impact or addition to the individual tax bills is as follows: FY 2001/02 - $135.48/unit/year or not to exceed $175.00/unit/year Funds are available in Mandatory Trash Collection Fund 473. - Resez-ves. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation that the Board of County Commissioners approve the resolutions setting the date, time and place for a public hearing to approve a Special Assessment (non-ad valorem assessment) to be levied against the properties within the Solid Waste District I and District II Municipal Service Benefit Unit for solid waste collection and disposal services and approve the first class notice to be sent to all assessable units as well as approving the postage .a~ mailing costs. Solid Waste Management Department REVIEWED BY: ~ r~ APPROVED BY: ~ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. j~ Waste Management Department '~' "~X Date: V. Mudd, P.E., Administrator ...... Public Utilities Division ' JUL :31 2001 Pg. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SOLID WASTE, DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT COLLIER COUNTY, FLORIDA ***THIS IS NOT A BILL - DO NOT PAY*** Property Owner and Mailing Address Folio No. Property Description: Assessable Units: Preliminary Assessment Amount: Dear Property Owner: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on September 11, 2001, beginning 9:00 am in the Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by all interested persons to the adoption of the preliminary assessment roll (non-ad valorem assessment roll) allocating the assessable costs for collection and disposal of solid waste within Solid Waste District No. 1 Municipal Service Benefit Unit, which comprises and includes those lands described as follows: Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier County line and the eastern shoreline of the Gulf of Mexico; thence East along said Lee- Collier County line to the northeast corner of Section 12, Township 48 South, Range 26 East; thence South along the easterly line of Range 26 East, Township 48 South to the southeast corner of Section 24, Township 48 South, Range 26 East; thence east along the south line of Sections 19 and 20, Township 48 South, Range 27 East to the southeast corner of Section 20; thence north along the east line of Sections 20, 17 and 8 of Township 48 South, Range 27 East to the southeast corner of Section 5, Township 48 South, Range 27' East; thence easterly along the south line of Sections 4, 3, 2 and I of Township 48 South, Range 27 East to the southeast corner of Section 1, Township 48 South, Range 27 AGENOA NO. JUL 3 12001 East; thence north along the east line of Section 1, Township 48 South, Range 27 East; thence north along the east line of section 36 and 25, Township 47 south, Range 27 East to the southeast corner of Section 24, Township 47 South, Range 27 east; thence easterly along the south line of Sections 19, 20 and 21, Township 47 South, Range 28 East to the southeast corner of Section 21, Township 47 South, Range 28 East; thence southerly along the west line of Sections 27 and 34, Township 47 South, Range 28 East and continuing southerly along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 48 South, Range 28 East to the southeast corner of Section 34; thence easterly along the south line of Sections 34, 35 and 36, Township 49 South, Range 28 East; thence west along the south line of Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the centerline of Alligator Alley (I-7,5); thence continuing easterly along the centerline of Alligator Alley (I-75) to the northeast comer of Section 4, Township 50 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 31 East; thence southerly along the East section line of Sections 4, 9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 52 South, Range 31 East; thence, southerly along the east section line of Sections 4, 9, 16, 21, 28, and 33, Township 53 South, Range 31 East to the Collier-Monroe county line; thence westerly along the said county line to the easterly shoreline of the Gulf of Mexico; thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. A copy of the preliminary assessment roll (non-ad valorem roll) for each lot or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government Center; W. Harmon Turner Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida and in the offices of the Solid Waste Management Department, 2685 South Horseshoe Drive, Suite 103, Naples, Florida, and is open to the inspection of the public. All affected property owners have a right to appear and be heard at the public hearing and to file written objections to the adoption of a resolution approving the preliminary assessment roll (non-ad valorem roll) with the Board within 20 days of this notice based upon the grounds that it contains items which cannot be properly assessed against property, that the computation of the special assessment is incorrect, or there is a default or defect in the passage or character of the resolution, or the preliminary assessment (non-ad valorem assessment) is void or voidable in whole or part, or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the preliminary assessment (non-ad valorem assessment) as indicated on such roll, either by confirming the preliminary assessment (non-ad valorem assessment) against any or all lots or parcels described therein or by canceling, increasing, or reducing the same, according to the special benefits which the Board decides each such lot or parcel has received or will receive from the collection and disposal of solid waste. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) days with a court of competent jurisdiction to secure relief. · AGENt& ~TEI~ The Board will levy a special assessment (non-ad valorem assessment) for collection and disposal of solid waste based on the methodology of the number of equivalent residential units. The total assessment for collection and disposal of solid waste shall not exceed $175.00 per equivalent residential unit per year the Fiscal Year 2001/02. This special assessment (non-ad valorem assessment) will be collected by the Collier County Tax Collector on the owner's ad valorem tax bill pursuant to Section 197.3632, Florida Statutes. Failure to pay the special assessment (non-ad valorem assessment) and your property taxes will cause a tax certificate to be sold against the property, which may result in a loss of title to the property. Any person who decides to appeal a decision of the 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. The record shall include the testimony and evidence upon which the appeal is to be based. If you have any questions regarding the preliminary assessment roll, please contact the Solid Waste Management Department at (941) 594-3024. BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D, CHAIRMAN, DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon Deputy Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. 2001 A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON- AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES. WHEREAS, the Board of County Commissioners of Collier County Florida intends to finance the collection and disposal of solid waste through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described in Collier County Ordinance No. 90-30 as amended, and more particularly described herein; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non-ad valorem assessment roll for purposes of utilizing the uniform method collection. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: This Resolution is adopted pursuant to the provisions of Section 197.3632, Florida Statutes, Ordinance No. 90-30, as amended, and other applicable provisions of law. SECTION TWO: It is hereby found and determined that a special assessment for the collection and disposal services for the Solid Waste District No. I Municipal Service Benefit Unit is necessary for funding the required payments for said collection and disposal for a period of one (1) year, fiscal year 2001/02. SECTION THREE: A public hearing before the Board of County Commissioners on the preliminary assessment roll (non-ad valorem assessment roll) of the estimated costs to fund the collection and disposal of solid waste in Solid Waste District No. 1 Municipal Service Benefit Unit for a period of one (1) year, fiscal year 2001/02 between the County and each property owner of lands within the Solid Waste District No. 1 Municipal Service Benefit Unit will be held on September 11, 2001, beginning at 9:00 a.m., in the Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, at which time the Board of County Commissioners will hear objections from the owners of the properties within the Solid Waste District No. 1 Municipal Service Benefit Unit or other persons interested therein, to the adoption of the preliminary assessment roll (non-ad valorem assessment roll). The Clerk shall keep a record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land within said Unit, the name and post office address of such person, firm or corporation, together with the brief description or designation of such lot or pa_r~c~l Th~ .... I ^~^ ~T~. I ,0. ~/./-,/~ I I ~ce~..~,~ I JUL 3 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Clerk shall cause the notice of such public hearing to be published one time in the Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider the adoption of the preliminary assessment roll (non-ad valorem assessment roll) shall also be mailed first class to all property owners in Solid Waste District No. 1 Municipal Benefit Unit as listed on the preliminary roll (non-ad valorem assessment roll) at the address provided for on said roll. SECTION FOUR: Notice of such hearing shall be in substantially the following form: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on September 11, 2001, beginning at 9:00 a.m, in the Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by all interested persons to the adoption of the preliminary assessment roll (non-ad valorem assessment roll) allocating the assessable costs for collection and disposal of solid waste within Solid Waste District No. I Municipal Service Benefit Unit, which comprises and includes those lands described as follows: Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee- Collier County line and the eastern shoreline of the Gulf of Mexico; thence East along said Lee-Collier County line to the northeast corner of Section 12, Township 48 South, Range 26 East; thence South along the easterly line of Range 26 East, Township 48 South to the southeast corner of Section 24, Township 48 South, Range 26 East; thence east along the south line of Sections 19 and 20, Township 48 South, Range 27 East to the southeast corner of Section 20; thence north along the east line of Sections 20, 17 and 8 of Township 48 South, Range 27 East to the southeast corner of Section 5, Township 48 South, Range 27 East; thence easterly along the south line of Sections 4, 3, 2 and 1 of Township 48 South, Range 27 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence north along the east line of Section 1, Township 48 South, Range 27 East; thence north along the east line of section 36 and 25, Township 47 south, Range 27 East to the southeast comer of Section 24, Township 47 South, Range 27 east; thence easterly along the south line of Sections 19, 20 and 21, Township 47 South, Range 28 East to the southeast corner of Section 21, Township 47 South, Range 28 East; thence southerly along the west line of Sections 27 and 34, Township 47 South, Range 28 East and continuing southerly along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 48 South, Range 28 East to the southeast corner of Section 34; thence easterly along the south line of Sections 34, 35 and 36, Township 49 South, Range 28 East; thence west along the south line of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the centerline of Alligator Alley (I-75); thence continuing easterly along the centerline of Alligator Alley (I-75) to the northeast corner of Section 4, Township 50 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 31 East; thence southerly along the East section line of Sections 4, 9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 52 South, Range 31 East; thence, southerly along the east section line of Sections 4, 9, 16, 21, 28, and 33, Township 53 South, Range 31 East to the Collier- Monroe county line; thence westerly along the said county line to the easterly shoreline of the Gulf of Mexico; thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 8, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government Center, W. Harmon Turner Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida and in the offices of the Collier County Solid Waste Management Department, 2685 S. Horseshoe Drive, Suite 103, Naples, FL 34104 and is open to the inspection of the public. All affected property owners have a right to appear and be heard at the public hearing and to file written objections to the adoption of a resolution approving the preliminary assessment roll (non-ad valorem assessment roll) with the Board within 20 days of this notice based upon the grounds that it contains items which cannot be properly assessed against property, that the computation of the special assessment is incorrect, or there is a default or defect in the passage or character of the resolution, or the preliminary assessment (non-ad valorem assessment) is void or voidable in whole or in part, or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the preliminary assessment (non-ad valorem assessment) as indicated on such roll, either by confirming the preliminary assessment (non-ad valorem assessment) against any or all lots or parcels described therein or by canceling, increasing or reducing the same, according to the special benefits which the Board decides each such lot or parcel has received or will receive from the collection and disposal of solid waste. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) days with a court competent jurisdiction to secure relief. The Board will levy a special assessment (non-ad valorem assessment) for collection and disposal of solid waste based on the methodology of the numbe of equivalent residential units located on the property. The total assessment for c¢ te~.tion . .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 and disposal of solid waste shall not exceed $175.00 per equivalent residential unit per year for the next year, FY 2001/02. This special assessment (non-ad valorem assessment) will be collected by the Collier County Tax Collector on the owner's non-ad valorem tax bill pursuant to Section 197.3632, Florida Statutes. Failure to pay the special assessment (non-ad valorem assessment) and your property taxes will cause a tax certificate to be sold against the property, which may result in a loss of title to the property. Any person who decides to appeal a decision of the 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. The record shall include the testimony and evidence upon which the appeal is to be based. Board of County Commissioners Collier County, Florida James D. Carter, Ph.D., Chairman Dwight E. Brock, Clerk By: /s/Maureen Kenyon Deputy Clerk (SEAL) SECTION FIVE: The Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. SECTION SlX: This Resolution shall become effective immediately upon its' passage. This Resolution adopted this second and majority vote. day of 2001, after motion, ATTEST: DVVIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: ~3~"~rt N. Zachary ' v Assistant County Attorney NO. ; ^ . JUL 3 1 200 -- EXECUTIVE SUMMARY APPROVAL OF AMENDMENT NO. 2 FOR CONTRACT GC526 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) OBJECTIVE: To have the Board of County Commissioners approve Amendment No. 2 between the County and the Florida Department of Environmental Protection (FDEP) Contract Number GC526, effective July 1, 2001, to continue to perform petroleum storage facility assessments and inspect and reinspect mineral acids tanks within the County. CONSIDERATION: A local Storage Tank Program is being accomplished by this State Contract, which pays for all costs associated with this program. GROWTH MANAGEMENT IMPACT: This program partially satisfies Goal 3 of the Conservation and Coastal Management Element, which states "The County shall protect the County's ground water resources to ensure the highest water quality practical." This program is also specified in Objective 9.4 of the Conservation and Coastal Management Element, which requires "The County to establish a local storage tank program." FISCAL IMPACT: FDEP will reimburse the County for work conducted not to exceed $159,446 including personnel, equipment and training costs needed to implement the scope of the work under the Contract. Currently $114,000 is budgeted in Pollution Control Fund 114 in the tentative FY 01-02 budget. The amount will be adjusted in the FY 01-02 adopted budget request to reflect the increased amount of $45,446. RECOMMENDATION: That the Board of County Commissioners, by approving this item on the Consent Agenda: 1. Authorize the Chairman to sign Amendment No. 2 for FDEP Contract GC526 with the Florida Department of Environmental Protection effective July 1,2001. PREPARED BY: REVIEWED BY: APPROVED BY.' Ray ~rr~h, Acting Director/ff' J~es V. Mudd, P.E., Administrator Public Utilities Division DATE: DATE: JUL 3 1 2001 DEP CONTRACT NO. GC526 AMENDMENT NO. 2 THIS CONTRACT as entered into on the 1st day of October, 1997, and amended on the 3rd day of August, 1999, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "CONTRACTOR") is hereby amended as follows: -- Scope of Services is hereby deleted in its entirety and replaced with the following: SCOPE OF SERVICES The Department hereby retains the CONTRACTOR for the following specific purposes and duties: Perform compliance inspections at the following Chapter 376, Florida Statutes (F.S.) facilities: storage facilities regulated pursuant to Sections 376.30 - 376.317, F.S. (excluding cattle dip vats, dry cleaning facilities and designated brownfields) and Rule '62-761, Florida Administrative Code (F.A.C.), including mineral acid tanks regulated by the DEP in accordance with Sections 376.320 - 376.326, F.S. and Rule 62-761.890, F.A.C. Perform compliance inspections with/n the jurisdictional (geographical) boundaries of, including facilities registered to, Collier County as required by an executed Task Assignment(s). In addition, perform closure, installation, discharge inspections, and re-inspections, as applicable, in accordance with each Task Assignment. Inspections shall be performed by an individual(s) in a position equivalent to an Environmental Specialist I level or higher. Beginning on the effective date of this Contract, the CONTRACTOR is authorized to enter private property in order to carryout inspections pursuant to Sections 403.091 and 403.858, Flor/da Statutes. Site inspection responsibilities shall include: Contacting facility owners or operators, in writing or verbally to schedule compliance, installation and tank closure inspections. The DEP Task Manager may require written notification of inspections if verbal methods have proved unsatisfactory. Meeting with the owners or operators of all regulated facilities in Collier County and determining comphance with Chapter 62-761, F.A.C., and Chapter 376, F.S., with the exception of CONTRACTOR-owned/operated facilities. Inspections should be performed in accordance with each executed Task Assignment in the following priority order: Perform a discharge inspection at all facilities with known or suspected discharges involving free product within twenty-four (24) hours of receipt of notification. Send Cleanup Notification letter to facility owners or operators. Perform a discharge inspection at all facilities with known or suspected discharges within ten (10) working days of receipt of notification. Send Cleanup Notification Letter to facility owners or operators, if appropriate. 3. Perform all Closure Inspections at all known storage tank system closure activities. Perform all installation inspections of new installations in Collier County to ensure that the system is properly installed and constructed in accordance with the applicable provisions of Chapter 62-761, F.A.C. Perform routine compliance inspections and required re-inspections at facilities listed on each executed Task Assignment. The list will include all facilities with at least one regulated system. DEP Contract No. GC526, Amendment No. 2, Page 1 of 4 AG[NDA ITEM JUL 3 1 2001 o The CONTRACTOR will perform routine compliance inspections and required re- inspections of facilities listed on each executed Task Assignment based on resources and priorities. Facilities not inspected during the current executed Task Assignment must be inspected during the subsequent Task Assignment. Re-inspections should be performed only as needed to verify compliance of items previously identified as having a moderate or major potential for harm to the environment or a moderate or major extent of deviation from regulations, as referenced in the Storage Tank Penalty Guidelines and Assessments Memo (Guidance Document A) and Appendix A of the Storage Tank & Contamination Monitoring System Guidelines (Guidance Document D). All violations, regardless of severity, which solely involve notification or reporting, wil~ not require a re-inspection. The CONTRACTOR may not perform an indicated re-inspection if the CONTRACTOR and the Department's Task Manager agree it is unwarranted. Distribute registration forms to all unregistered facilities that become known to the CONTRACTOR as they are discovered, perform compliance inspections at all unregistered facilities found that are subject to Chapters 62-761, F.A.C., and take appropriate measures where required to obtain compliance. Complete inspection forms (Guidance Document E) in accordance with the minimum standards referenced in Guidance Document D. Respond to complaints by performing a complaint investigation, documenting actions taken utilizing a DEP Task Manager approved complaint response form, and maintain copies of all complaint information in the appropriate facility file. F. Respond to requests for public assistance both in the office and during inspections. Perform Level One Enforcement actions. These actions shall include investigation and documentation of violations, preparation of noncomphance letters and warning letters and related activities as described in Attachment A-1 and in accordance with the Storage Tank Program Guidance memo on Post Inspection Procedures (Guidance Document B) and Level of Effort Memo (Guidance Document H). Level One enforcement activities shall be conducted by an individual(s).in a position equivalent to an Environmental Specialist II level or higher. Noncompliance letters may be prepared and sent by an individual(s) at the Environmental Specialist I level under the direction of an individual at the Environmental Specialist II level or higher. All enforcement documents shall be on DEP forms, in DEP format, or have DEP approval. Any penalties assessed under this Contract shall be in accordance with DEP's penalty policy and procedures. If there is any indication that enforcement actions are not being performed, the DEP Task Manager may request the submission of a Corrective Action Plan. The Task Manager shall be responsible for reviewing the plan and notifying the CONTRACTOR if the plan is approved or in need of revision. The CONTRACTOR shall assess performance levels monthly to determine its progress towards completion of each Task Assignment and upon discovery shall notify the DEP Task Manager of any problems that would delay or prevent the timely progress and completion of each Task Assignment. Four months from the effective date of each Task Assignment, the CONTRACTOR should have completed 33 percent of the required routine compliance inspections as indicated by the Task Assignment. If the actual number of required rout/ne compliance inspections falls below 20 percent for the fourth month, 30 percent for the fifth month, 40 percent for the sixth month, 48 percent for the seventh month, 57 percent for the eighth month, 65 percent for the ninth month, 73 percent for the tenth month, or 82 percent for the eleventh month, then the CONTRACTOR shall submit a Corrective Action Plan, within ten (10) days of receipt of a written request from the DEP Task Manager, to the DEP Task Manager describing the steps it will take to met the terms of the Task Assignment. If there is any indication that other required inspections are not being performed, the DEP Task Manager may request the submission of a Corrective Action Plan. The DEP Task DEP Contract No. GC526, Amendment No. 2, Page 2 of 4 AGENI~A IT£H JUL 3 1 2001 Manager shall be responsible for reviewing the plan and notifying the CONTRACTOR if the plan is approved or in need of revision. If the CONTRACTOR does not successfully implement the Plan as approved by the DEP Task Manager for the remaining months of the Task Assignment, the Department may withhold further payment of monthly invoices until such time as the CONTRACTOR comes into compliance with those performance levels as outlined above. A completion rate of 100 percent is required for those activities described in paragraph 1, above, and as set forth in the Task Assignment. In the event the CONTRACTOR is unable to meet 100% performance levels set forth in the Task Assignment, the Department reserves the right to seek cost recovery according to the percentage of the amount identified in the executed Task Assignment, unless failure of the CONTRACTOR to perform is documented to be beyond the foreseeable control of the CONTRACTOR (i.e. a force majeure event). For purposes of this Contract, it is understood and agreed by the parties hereto that the f~rst Task Assignment issued may be for a period of less than twelve (12) months. In instances where an executed Task Assignment is for a period less than twelve (12) months, the following method will be used by the CONTRACTOR to assess performance monthly: The CONTRACTOR shall perform inspections as directed in the previously stated Priority Order. The rate of routine inspections shall be at the percentage rate per month as identified in the Task Assignment. The CONTRACTOR shall assess performance levels monthly to determine its progress towards completion of the Task Assignment. If there is any indication that other required inspections are not being performed, the DEP Task Manager may request the submission of a Corrective Action Plan. The Task Manager shall be responsible for reviewing the plan and notifying the CONTRACTOR if the plan is approved or in need of revision. To assist the CONTRACTOR in complying with the terms and conditions established herein, standard program terminology used throughout this Contract is defined and provided in Attachment A-1, attached hereto and made a part hereof. It is hereby understood and agreed that all references in this Contract to Florida Statutes, Florida Administrative Code, and guidance documents shall be for the laws, rules, and guidance documents in effect at the time work is performed by the CONTRACTOR. The Department shall authorize the CONTRACTOR to provide services under this Contract utilizing the Task Assignment Form attached hereto and made a part hereof as Attachment B. The CONTRACTOR acknowledges that no work shall be performed until a Task Assignment authorizing work has been fully executed by the Department and the CONTRACTOR. If, during the term of an executed Task Assignment, a modification of the Task Assignment is needed, the Department may issue a new Task Assignment Form clearly marked with the original task number and the appropriate amendment number, detailing the revised description of the work to be performed. As with the original Task Assignment, all amendments must be executed by both the Department and the CONTRACTOR prior to the work being performed. CONTRACTOR RESPONSIBILITIES section is hereby revised to include the following provisions as paragraphs 21 and 22, respectively: 21. The CONTRACTOR shall submit a satisfactory corrective action plan to the Task Manager upon notification of a score below seventy-five (75) on the Program Review within fourteen (14) calendar days. 22. The CONTRACTOR shall not allocate funding to non-program activities outside the Scope of the Contract or Task Assignment. The CONTRACTOR acknowledges the provisions of Sections 376.3071 and 376.1 I, F.S., prohibit the use of Inland Protection Trust Fund and Florida Coastal Protection .Trust Fund moneys for purposes other than those specified in those sections. DEP Contract No. GC526, Amendment No. 2, Page 3 of 4 NO.. I, /' ~1 JUL 3 1 2001 -- MANAGEMENT section is hereby revised to include the following provisions as paragraph 14: 14. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity/may not award or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its web site. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. Attachment A is hereby deleted in its entirety and replaced with Attaclunent A-1. All references in the Contract to Attachment A are hereby revised to read Attachment A-1. In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this amendment to be duly executed, the day and year last written below. COLLIF. R COUNTY BOARD OF COUNTY COMMISSIONERS By: Title: JAMES D. CARTER, Ph.D., Date: FEID NO. 59-6000558 DWIGHT E. BROCK, Clerk ~'ilier County Clerk Chairman FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or designee Date: DEP Contracts Administrator Ap~ved as to form/~ua~gality: APPROVED as to form; and legal sufficiency: ~,/~~ ~ ~ Assistant Collier County A t y TOM PALMER, Assistant County Attorney List of attachments/exhibits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment A- 1 Standard Contract Definitions (6 Pages) DEP Contract No. GC526, Amendment No. 2, Page 4 of 4 "°-! C,,C ,,'- JUL 3 1 2001 ATTACHMENT A-1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Storage Tank Program Local Government Contracting Standard Contract Definitions Clean Closure Review Letter A letter sent by the CONTRACTOR to storage tank system owners notifying them that their Closure Assessment Report has been reviewed and that no cleanup is required based on the data submitted. Cleanup Notification Letter A letter sent by the CONTRACTOR based on the review of Closure Assessment Reports or Discharge Inspections informing owners of their responsibility to proceed with a cleanup of their site in accordance with Chapter 62-770, F.A.C., or wait for Department authorization to proceed with cleanup in accordance with Section 376.30711, Florida Statutes (F.S.). Closure Event The closure of a tank(s) or component(s) from a single excavation or location (Aboveground Storage Tank) during a continuous time period. Closure Inspection An inspection performed during or after a storage tank system closure event in order to determines if the system was closed in accordance with Department roles. Additional site visits may be needed to complete the closure inspection form for a closure event. No compliance inspection will be performed at a closed facility after a closure inspection. Complaint An expression of dissatisfaction received by DEP or local government personnel from a person who is concerned about a storage tank system installation, removal, operation, or contamination situation. Complaint Investigation All work associated with responding to verbal or written complaints and inquiries including the investigation and reporting of possible violations of storage tank system roles and suspected releases. The CONTRACTOR shall conduct complaint investigations for any complaints received from any source or as requested by the Department. The investigation should include a complete and thorough Chapter 62-761, F.A.C. inspection for regulated facihfies as appropriate. Inspection results for regulated and unregulated facilities should be written on a FDEP Storage Tank Facility Compliance Inspection Report Form. Complaint Referral If it is determined to be beyond the scope of authority of the CONTRACTOR, a complaint may be referred to the Department District Office or other appropriate agency. The referrals shall include copies of all forms and documented fmdings of the investigation as required by the Department. DEP Contract No. GC526, Attachment A-I, Page 1 of 6 AGENDA ITEM .o._ l&C,U JUL Compliance Verification Program A locally admimstered program for the inspection of storage tanks as authorized in 376.303(1)(a) F.S. The purpose of this program is to determine and enforce compliance with Chapter 62-761, F.A.C. Compliance without Enforcement (CWOE) ' A return to full compliance without formal enforcement. Full comphance can be verified through a re- inspection, clos~e or installation inspection, receipt of records in the county office, or the receipt of any other information, through the mail, during a meeting or a site visit, that indicates a facility, previously determ~ed to be out-of-compliance is now in-compliance. Once a case has been referred to the Department's District Office for formal enforcement, it is no longer a CWOE. CONTRACTOR-owned Facili~ A regulated facility which is owned or directly controlled by the CONTRACTOR. Discharge Inspection An inspection performed by the CONTRACTOR as a result of a notification of a discharge fi'om a regulated facility or a potentially regulated facility. A compliance inspection where a discharge is initially noted will only be counted as a compliance inspection and a Discharge Report Form inspection would not be required. A discharge discovered at any other t/me would require a separate inspection within ten (10) working days of reporting. Discharge Prevention & Response Certificate (DPRC) A certificate issued by the CONTRACTOR, in accordance with Sections 376.011-376.21, F.S., and Rule 62N-16, F.A.C., on behalf of the Department and shall be valid for 12 months after date of issuance. The CONTRACTOR will inspect the terminal facility for accuracy of information provided by the owner or operator and that the owner or operator is operating in accordance with the above-mentioned rule and statues. Ecosystems Management and Restoration Trust Funds Any fund with disbursements made in a manner consistent with the intent of Section 403.1651, Florida Statutes. Environmental Specialist I An Environmental Specialist I must have: -A bachelor's degree from an accredited college or university with a major in one of the physical or natural sciences or engineering; or -A master's degree from an accredited college or university in one of the physical or natural sciences or engineering; or -Professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering can substitute on a year-for-year basis for the required college education. Note: Substitutions for qualified personnel can be made at the discretion of the Department based on the tenure of professional experience in a directly related field. DEP Contract No. GC526, Attachment A-I, Page 2 of 6 Environmental Specialist II An Environmental Specialist H must have: -A bachelor's degree from an accredited college or university with a major in one of the physical or natural sciences or engineering and two years of professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering; or -A master's degree from an accredited college or university in one of the physical or natural sciences or engineering and one year of professional experience as described above; or -A doctorate degree from an accredited college or university in one of the physical or natural sciences or engineering; or -One year of experience as an Environmental Specialist I with the State of Florida; or -Professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering can substitute on a year-for-year basis for the required college education. Note: Substitutions for qualified personnel can be made at the discretion of the Department based on the tenure of professional experience in a directly related field. Environmental Specialist IH An Environmental Specialist III must have: -A bachelor's degree from an accredited college or university with a major in one of the physical or natural sciences or engineering and three years of professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering; or -A master's degree from an accredited college or university in one of the physical or natural sciences or engineering and two years of professional experience as described above; or -A doctorate degree from an accredited college or university in one of the physical or natural sciences or engineering; or -Two years of experience as an Environmental Specialist I or higher with the State of Florida; or -Professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering can substitute on a year-for-year basis for the required college education. Note: Substitutions for qualified personnel can be made at the discretion of the Department based on the tenure of professional experience in a directly related field. Environmental Supervisor H An Environmental Supervisor H must have: -A bachelor's degree from an accredited college or university with a major in one of the physical or natural sciences or engineering and three years of professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering; or -A master's degree from an accredited college or university in one of the physical or natural sciences or engineering and two years of professional experience as described above; or -A doctorate degree in one of the physical or natural sciences or engineering; or -Two years of experience as an Environmental Specialist I or higher with the State of Florida; or -Professional experience in environmental protection, regulation of health; one of the physical or natural sciences; or engineering can substitute on a year-for-year basis for the required college education. An Environmental Supervisor H must supervise at least two professional environmental positions to be classified as an Environmental Supervisor II. If this criterion is not met, the position must be classified as an Environmental Specialist III (see requirements above). Note: Substitutions for qualified personnel can be made at the discretion of the Department based on the tenure of professional experience in a directly related field. AGENDA IT£1~ NO. DEP Con~act No. GC526, ARac~ent A-l, Page 3 of 6 J U k 3 i 200 Facility Closure Inspection A closure inspection where all remaining, regulated, storage tank systems are being permanently closed and no routine compliance inspection has been conducted thus far in the current task assignment year, nor will be necessary later in the task assignment year. The facility has been identified in the Facility Inventory List. Installation Inspections The initial inspections performed at new facilities at the time of installation in order to determine if the storage systems will be installed in accordance with Department roles. Large Regulated 62-761 Facilities A registered facility with eight or more regulated aboveground storage tank systems or eight or more underground storage tank systems storing regulated substances that are either in-service, temporarily out-of-service, or unmaintained including bulk product facilities, bulk terminals and groups of facilities with a single DEP registration number. Level 1 Enforcement The minimum level of enforcement responsibility that a local government must perform as part of the Compliance Verification Program. The Department has the responsibility for the lead in enforcement actions. The CONTRACTOR shall follow department enforcement guidelines and updates thereto as specified in the DEP Enforcement Manual. The CONTRACTOR is responsible for: Issuing Noncompliance and Warning Letters. Conducting or participating in informal compliance or technical meetings with owner/operators to resolve violations. Documentation of phone calls, meetings, etc' to prepare enforcement referrals to the Department. On site inspections and re-inspections. Testifying at hearings, witnessing as requested. Level 2 Enforcement A mid-level enforcement effort where the CONTRACTOR is a partner in the enforcement lead and that requires the CONTRACTOR to have previously performed Level 1 enforcement for at least one year to the satisfaction of the Department. The CONTRACTOR must perform the following additional actions: 2. 3. 4. 5. Preparation of Case Reports. Participation at heatings, depositions, and formal and informal meetings as requested by DEP. Participation in penalty calculations. Preparation of draft Consent Orders, Notices of Violations, and Formal Orders. Enforcement inspections as requested. Level 3 Enforcement The highest level of enforcement for a contracted local government where the CONTRACTOR has the enforcement lead and enforcement is carried out under the CONTRACTOR's ordinance. The CONTRACTOR must also: Take the lead in the discovet3t process. Be responsible for judicial remedies, including the determination of civil penalties, injunctive relief, and assessment of damages. 'Complete Consent Orders, Notices of Violation, and Final Orders. Perform post judgment enforcement activities. Obtain inspection warrants as needed. DEP Contract No. GC526, Attachment A-l, Page 4 of 6 ~0. I/'''~t.~'t.~t '[-~ JUL 3 1 2001 pC= ..... ~ Non-compliance Letter A letter sent to a facility owner/operator after discovery of a violation or problem at a facility. Other Administrative/Judicial Actions Notices of Violation, Consent Orders, and Administrative and Judicial Actions. Pubhc Assistance Public assistance includes all work related to providing technical, regulatory and other information to citizens, government officials, associations, planning councils, mad consultants in order to implement the storage tank program for above and underground storage tank systems. Examples include rule interpretation meetings or calls, speeches, presentations, and meetings with local officials. Regulated 62-761 Facilities A regulated facility, which has at least one storage tank system that stores a regulated substance that is either in-service, temporarily out-of-service, or unmaintained, and includes federal facilities. Registered Improperly Closed Facility A facility with one or more storage tank systems, which have been registered as being closed, where there is no information or confn-rnation regarding the closure. If there are regulated active tanks at this facility it should be counted under the regulated or large regulated Chapter 62-761 facilities category. These facilities should only be inspected once and are normally only counted during the fkst contract year if applicable. Re-inspection A follow-up inspection performed by the CONTRACTOR to verify correction of noncompliance items requiring verification at the site for storage tank system roles. Re-inspections are required for all violations identified as having a moderate or major potential for harm to the environment and a moderate or major extent of deviation from the regulations, as referenced in the Storage Tank Penalty Guidelines and Assessments Memo. All violations, regardless of severity, involving notification or reporting will not require a re-inspection. Routine Compliance Inspection An inspection performed at a Chapter 62-761, F.A.C. regulated facility during the contract period, for which a Storage Tank Facility Compliance Report Inspection Form has been completed. Routine compliance inspections do not include enforcement-related re-inspections. 1. Unregistered Facility Compliance Inspection A routine compliance inspection conducted at a site that contains one or more petroleum storage systems that are regulated under Chapter 62-761 and has not been registered with DEP as a regulated facility. 2. Mineral Acid Tank Inspection An inspection conducted at a storage tank facility regulated by DEP under Sections 376.320 - 376.326, F.S. and shall be conducted in accordance with Chapter 62-761.890, F.A.C. and Section 403.091, F.S. DEP Contract No. GC526, Attachment A-l, Page 5 of 6 AC, E NOA IT£1~ NO. ~/.,"' ~1 . JUL 3 1 2001 Secretary Specialist One year of secretarial or office clerical experience and attainment of a typing score of at least 35 correct words per minute on the typing test administered by an office of the Job Service of Florida, the state employment service of another state, or the central personnel agency of another state. Possession of a Certified Professional Secretary Certificate; or College education can substitute at the rate of 30 semester or 45 quarter hours for the year of required experience; or Vocational/technical training in the area of secretarial science or office/business studies can substitute at the rate of 720 classroom hours for the year of required work experience; or A high school diploma or its equivalent can substitute for the one year of work experience. Warning Letter A formal letter sent certified mail to a facil/ty owner/operator when violations have not been resolved as a result of a noncompliance letter or if the violation merits more stringent enforcement. These letters should follow a format approved by DEP's Office of General Counsel. DEP Contract No. GC526, Attachment A- 1, Page 6 of 6 AGENO, A ITEm JUL 3 1 200I .... /I EXECUTIVE SU,MMARY AWARD RFP 00-3185 - SOUTH COUNTY REGIONAL WATER TREATMENT PLANT CONCRETE LEAK AND SPALL REPAIRS OBJECTIVE: To gain Board approval of the award of RFP 00-3185 - SCRWTP Concrete Leak and Spall Repairs in order to proceed with necessary repairs. CQNSIDI~RAT!ONS: In July of 2000, several leaks were discovered in the reactors and recarbonation basin at the South Regional Water Treatment Plant. Kris Jain and Associates completed an engineering study to determine the best method to utilize to repair the leaks. It was determined that the appropriate action to take would be to remove the first layer of the stucco and complete the repairs at that level. A Request for Proposal was developed by the engineering consultant to complete the necessary repairs. A Selection Committee approved by the County Manager met on March 26, 2001 to discuss the proposals and interviews. By consensus, the Selection Committee has determined that a contract with the number one shortlisted firm is appropriate in order to complete the concrete leak and spall repairs. The shortlist is as follows: 1. Consel Inc. 2. Structural Preservation Systems FISCAL ~ACT: Funds in the amount of $100,000 are budgeted and available in the Water Capital Fund, under Project No.70057. Source of funds is user fees. GROWTH MANAGI~ME~NT, IMPACT: There is no Growth Management Impact related to the approval of this repair work. RECOMM~ENDATION: That the Board award RFP 00-3185 - SCRWTP Concrete Leak and SpalI Repairs to Consel Inc., and authorize the Chairman to sign the standard County Attorney approved agreement on behalf of the Board. SUBMITTED By:, ~'~A/i c~~ or Para Libby, Water Distri~o/Supervis P~ul M~,ch, Water Director APPROVED BY:~ .~~ :lames V. Mudd, P.E., Public Works Administrator DATE: JUL 3 1 2001 UTILITIES OPERATIONS PLUMBING SUPPLIES BID #00-102 ITEM # STOCK # 713. P-704/A 714. P-704/B 715. P-705 716. P-705/A 717. P-706 718. P-707 719. P-707/A 720. P-707/B 721. P-708 722. P-710 723. P-712 724. P-725 725. P-726/A DESCRIPTION Bend, 8", FLG x FLG, 900, w/standard accessory kit Bend, 8", Long Radius, FLG x FLG, DI cement lined, w/standard accessory kit .:. Bend, I0", M J, 900, cement lined. C- 153 w/standard accessory kit Bend, i0", MJ, 900, epoxy lined, C-153, w/standard accessory kit Bend, i0", FLG x FLG, 900, WlStandard'z~ccessories kit Bend, 12", MJ, 90o, cement lined,"C-153:; w/standard accessory kit'." Bend, 12", 900, FLG, ~ement lin6d, w/standard acces,sory kit. . Bend, 12", 90o?MJ, ~6xy ii~t"C-153, w/standard acc~.'S, sory kit"i; Bend, 900; 16 ,.MJ.DI, cement lined, w/standard acceSi§ory i~it Bend, 201', .90% M. Ductile Iron, cement lined, w/standard acc~5.SCry kit Bend, 24", 900, M J, Ductile Iron, cement lined, w/standard accessory kit Indicator, Post 6", 19 V2 tums counter clockwise Fire Hydrant 42" bury, 5'¼" valve opening, breakable traffic flange, two (2) each 2V2" nozzles, one (1) each 4%-" pumper nozzle, counter clockwise open, Mueller Centurion, painted International Orange, w/standard accessory kit Lb'~,',? 58 UNIT PRICE JUL 3 1 2001 TILITIES OPERATIONS PLUMBING SUPPLIES BID #00-10 ITEM # STOCK # 726. P-7~7fB/1 727. F'-727/B/2 728. P-727/B/3 729. P-728 730. P-729/A 731. P-729/B 732. P-729/C 733. P-730 734. P-730/A 735. P-730/A/1 736. P-730A,/2 DESCRIPTION UNIT PRICE. Fire Hydrant 36" bury 5~A'' valve opening, breakable traffic flange, two (2) each 21/2'' nozzles, one (1) each 41/2" pumper nozzle, counter clockwise open, Mueller Centurion, painted International Oran~e, w/standard accessory 'kit l~,r,'cer~ .~C/''~ Fire Hydrant 48" bury 5~¼'' valve openi..ng, breakable traffic flange, two (2) each 2V:" nozzle'S; 6ne (i)'each 41A TM pumper nozzle, counter clockwile open, Mueller Centurion, painted International Orange,,::::;, w/standard accessory kit J/'~T'iS~.": Fire Hydrant 60" bury:5!¼" v~.,ve?pehi..n,g;'breakable traffic flange, two (2) each 2V2':~'ri6'i!/les?.°ne (1) each 41/2" pumper nozzle, couni:er clockwise.Open, Mueller Centurion, painted Inte~ati~:O~:~iS~;' . Cap, Fire Hydrant-272 FHT, braSs Flange, safety repair k_it for 41/2.. Mueller Centurion Flange, Safety repair kit for 5~,~'' Mueller Centurion Nozzle, 2V=" w/o~rings for Mue!ler Centuri/o.n Extension, Hydrant 12 w/acc , $ Extension, Hydrant 6" w/accessories for Mueller 51A part#A-320 ~,,.,l,~/ltqll //' ~kl~J 7 ~ Extension, Hydrant 12" w/accessories for Extension, Hydrant 18" w/accessories for Mueller 4Vz" part #A319 59 t.rTILITIES OPERATIONS PLUMBING SUPPLIES ITEM # STOCK# 737. P-730/B 738. P-730/D 739. P-731 740. P-732 741. P-732/B 742. P-734 743. P-734/A 744. P-734/'B 745. P-734/C 746. P-734/D 747. P-734/E 748. P-734/F 749. P-734/G 750. P-734/'R 751. P-735 DESCRIPTION Extension Hydrant 18" w/accessories for Mueller 5:~" part #A-320 ,~m,'/'Fc, m Cross, 6" FLG, Cement Lined w/accessories Extension Kit, Hydrant Bar~el, 18" for Mueller 5iA, Barrel part #A-320 // 1, Extension Hydrant 24" w/accessorie~s, for,. '. ~, Mueller 5 lA" part A-320 Lubricant, Hydrant, Mueller A.-51 ':'~ Offset, 6W' x 12", MJ, DI, C-153i~ c'ement lined, w/standard accessories. - 3.;:-.;~:. - '.r:' ~:' -' ' '::'"" %'/:'!:,ii:! Offset, 8" x 18", MJ, DI, C-1537:c..ement lined, w/standard accessories ::. ..:!~.' ..¢iii':,.'?:!:..:~t: Offset, 8" x 12",'MJ, DI,..C-153, cement lined, w/standard accessories Offset, 8" x' 24 ,MJ, DL C-153, cement lined, w/standard accessories Offset, 1'0-" x 12",.MJ, DI, C-153, cement lined, w/standard accessOries Offset, 10" x 18", MJ, DI, C-153, cement lined, w/standard accessories Offset, 12" x 12", MJ, DI, C-153, cement lined, w/standard accessories Offset, 12" x 18", MJ, DI, C-153, cement lined, w/standard accessories Plug, 3", MJ, C-153 Plug, 4", MJ, C-153 6O . BID #00-103 UNIT PRICE $ $ $ Namelf EXTENSION INFORMATION FOR BID #00-103 UTILITIES OPERATIONS PLUMBING SUPPLIES EXTENSION DATE: AWARD DATE: AWARDED TO: ADDRESS: PHONE NUMBER: FAX NUMBER: TOLL FREE NUMBER: ITEMS: CONTRACT PERIOD: January 2, 2001 February 24, 2000 Ferguson Underground, Inc. 7816 Professional Place Tampa, FL 33637 813-989-3082 813-988-6853 800-285-0876 see attached list January 2, 2001 through December 31 January 2, 2001 February 24, 2000 Hughes Supply Inc. P.O. Box 659 Eaton Park, FL 33840 665-5611 665-9616 800-505-5611 see attached list ,2001 AG~:NDA [T£~I NO. ~/j'* ~ jul-'3 1 ~001 EXECUTIVE SUMMARY APPROVAL AND EXECUTION FOR SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: 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 of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this lien has been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full of this Claim of Lien increases the cash flow in the County's sewer impact fee fund by $3,920.00. This will not increase the County's Water impact fee fund. The fiscal impact for recording the satisfaction of lien is approximately $6.00, which is.to be charged to the Utility Billing Customer Service. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. Prepared by;~'--~w~, ~--~_,~_~.~ Pam Calli~_evenue Supervisor Solid V)/;'~ste Man~gerr~nt D&partment Reviewed by: Teresa A. Riesen, Collections Revenue Manager Solid Waste Management Department. i.. Reviewed by: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Direct..or-~S~id Waste Management Depa_rtment Approved by: _~~"~'~~- Janfe~ V. Mudd, P.E., Administrato Public Utilities Division Date: Date: '~'/~/0~ Date: Date: ~/~// I...... AG£ N~A ITEM NO. JUl 3 1 ;~001 PG.~!.. .... EXHIBIT "A" Rodney & Emerson Dykes C/O Climate Control, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00) plus accrued interest. NO. I JUL 3 1 2001 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Lien against: RODNEY & EMERSON DYKES, CIO CLIMATE CONTROL 3049 VAN BUREN AVENUE NAPLES, FL 33962 The Lien was recorded on 10TH day of May, 1994, in Official Record Book 001947, Page(s) 000692, in the Office of the Clerk of the Cimuit Court of Collier County, State of Florida. The Lien secures the principal sum of three thousand nine hundred twenty dollars and no cents ($3,920.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 43, KELLY PLAZA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 95, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD. FOLIO NUMBER: 5270'1120004 & 52701160006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2001. A'I-FEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT JAMES D. CARTER, Ph.D., CHAIRMAN AG£ N~3A [T£m ,0. tL, C JUL 3 1 2001 EXECUTIVE SUMMARy APPROVAL TO PIGGYBACK BID NO. 00-103 FROM POLK COUNTY FOR THE PURCHASE OF FIRE HYDRANTS ~ That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, authorize the usage of the Polk County Bid No. 00-103 for the purchase of fire hydrants for the Pelican Bay fire hydrant change over project. CONSIDERATIONS: The Board of County Commissioners has approved a capital project to relocate the fire hydrants located within the Pelican Bay Subdivision from the effluent to the potable water main. The current Collier County bid for underground supplies does not have fire hydrants listed. Polk County has a bid in place which includes the purchase of fire hydrants and that allows other governmental agencies to utilize it. The Polk County bid for fire hydrants was awarded on February 24, 2000 to Ferguson Underground, Inc. and expires on December 3 I, 2001. FISCAL IMPACT:. The fiscal impact of utilizing the Polk County bid will be approximately $100,000, which is budgeted and available in the Wastewater Capital Fund, under Project No. 74023. Source of funds is user fees. GROWTH MANAGEMENT IMPACT; There is no growth management impact from approving this purchase. RECOMMENDATION; That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, authorize the usage of the Polk County Bid No. 00-103 for the purchase of fire hydrants from Ferguson Underground, Inc. SUBMITTED BY: P~I~aLi/bby' Water ~)[~,.. 1button ~ P~tul l~attauSCh, Water Director ~ Stev~c_Garnell, Purcha~ng Director . APPROVED By: /~_~~..-~~~ Date: --,m~mes V Mudd, PE Public Utilities Administrator ? / / Supervisor EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $6,300.00 and the sewer impact fee fund by $31,733.79. The fiscal impact for recording the Satisfaction of Liens is approximately $120.00, which is to be charged to the Utility Billing Customer Service. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to aCknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. Prepared by: ~c~,,,, ~-'~,.,~ Date: Pam Call/i~, R_ evenue Supervisor Solid ~ras~ Uanag,e~nent Depat-tm_~ent DatJ.~//,,/. __~/ Reviewed by: /'"//~_~'_.~..,~ _/'~ · Teresa' A. Riesen, Collections Kevenue Manager Solid Waste Management De rtme~.~ q-~Z/o Reviewed by: ~ ~, ? ~,~- _ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Directer:-Solid Waste Ma~men~, Department Approved by: // _~=--------~ ~,,~/7,.~~' Date: Jah~-,~ _._M. udd_, .P.E., Administrator Public Utilities Division EXHIBIT "A" o 10. 11. 12. Anna Marie Aldous, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Thomas S. Baily and Norma L. Whaley, as joim tenants with the fight to survivorship, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. James J. Beauchamp, a single person, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Michael A. Cagna and Lee Ann Cagna, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Henry A. Clark, Jr., and Mary B. Clark, husband and wife, securing the principal balance of six hundred forty five dollars and no cents ($645.00) plus accrued interest. Rodney M. Dykes, securing the principal balance of five thousand sixty three dollars and fourteen cents ($5,063.14) plus accrued interest. Mark F. Geatches and Kimberly K. Geatches, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. George Greenling, a single man and Nancy Greenling, a single woman, formerly known as George Greenling and Nancy Greenling, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Dawn P. Griffin, a single woman, securing the principal balance of one thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. Bruce D. Lesson, personal representative of the Estate of Richard P. Lesson deceased, securing the principal balance of eleven thousand two hundred dollars and no cents ($11,200.00) plus accrued interest. Edward F. McCarthy, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. Timothy Harrison Nash, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 13. Irasema Lambert Pinero and Gertmdes Pinero, her husband, securing the principal balance of one thousand two hundred sixty dollars and five cents (1,260.75) plus accrued interest. 14. Irene Schneider, securing the principal balance of one thousand one hundred e eighty dollars and no ceres ($1,180.00) plus accrued interest. 15. 16. 17. Jeffery Van Nortwick, a married man, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. Charlotte L. Warner, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. Norma P. Whitehead Walker and Michael H. Walker, wife and husband, formerly known as, Norma P. Whitehead, a single person, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. NO, It ," ,~ JUL 3 1 200i EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $156.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROVVTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION:That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. AG£t~r~."Z TEn N0'-t-~--~ JUL 3 1 ~.001 PG. /~ ,. ~--- Pam C~l~is, Revenue Supervisor Solid/Waste M~j~agemenLDepartmen~t Reviewed by: /~/-~,( ~ ~-(re"sa A. Riesen, Collections Revenue Manager Solid Waste Management Department Reviewed by: ~ ~ ~--- ~) Approved by: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Solid Waste Management Department Date: Date: Date: 'AGENDA ZTEN .o. ~1 ~,' I/,~ Iu~''' '- JUL 31 2001 EXHIBIT "A" 1. Thomas J. Gaetano, Folio #60784920006, Lot 9, Block F, Myrtle Cove Acres, Unit Number One 2. Thomas J. Gaetano, Folio #60784920006, Lot 9, Block F Myrtle Cove Acres, Unit Number One 3. Goodman, Sam, Folio #55701760005, Lot 46, Linda Park 4. Goodman, Sam, Folio #55701720003, Lot 45, Linda Park 5. Goodman, Sam, Folio #55700080003, Lot 2, Linda Park 6. Goodman, Sam, Folio #55700040001, Lot 1, Linda Park 7. Goodman, Sam, Folio #55700120002, Lot 3, Linda Park 8. Hodges Estate, James M. Evelyn L Hodges & Boyd Hodges, Folio #63859480009, Lots 1,2,3,4, Blk 31, New Market Subdivision 9. Howard, Mae T, Folio #35742280001, Lot 11, Block 18, Golden Gate, Unit 2 10. Pelc, Edward J=& Laverda, Folio #35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 11. Pelc, Edward J & Laverda, Folio//35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 12. Edward J & Laverda L Pelc, Folio #35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 13. Edward J & Laverda L Pelc, Folio #35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 14. Edward J Pelc & Laverda L Pelc, Folio #35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 15. Edward J Pelc & Laverda L Pelc, Folio #35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 16. Edward Pelc & Laverda Pelc, Folio #35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 JUL 3 12001 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Edward J Pelc& Laverda Pelc, Folio #35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 Edward J & Laverda Pelc, Folio #35690600005, Lot 15, Block 2, Golden Gate, Unit 1, Part 2 Alfred L. & Anne C. Ramirez, Folio #36242840005, Lot 16, Block 169, Unit 5, Golden Gate Emilio Roland Stillo ET AL, Folio #58108880006, Lot 4, Block 406, Marco Beach Unit 13, A Subdivision Brace T & Elsye K Whitmer, Folio #62256160004, Lot 27, Block 7, Naples Manor Lakes Brace T Whitmer & Elsye K Whitmer, Folio #62256160004, Lot 27, Block 7, Naples Manor Lakes Jesus Ayala & Andres De La Rosa, Jr, Folio #00054880001, Starting at the re- established original quarter section comer of the East Line of Section 36, Township 46 South, Range 28 East, Collier County, Florida, mn along the centerline of said Section 36 on a bearing of S 88 degree 45 feet W a distance of 1992.93 feet; thence N 0 degree 49 feet 22 inches W 47.25 feet to the Point of Beginning of lands hereby described; thence N 259.20 feet; thence E 134.50 feet; thence S 259.20 feet; thence W 134.33 feet to the Point of Beginning. Nick Badami, William F Helmer & James Mumane, Folio #57865960008, Lot 15, Block 339, Marco Beach, Unit 10 Schnitzler, Herb A & Michael Belyea, Folio #36308360005, Lot 21, Block 191 Golden Gate, Unit 6 Mills, Namcy E, Folio #53350240004, Lots 7 and 8, Lake Kelly, Unit 2, a subdivision AGENDA ITEM M0. t/./' ti - I CY/~--~ t'-~ JUL 3'12001 EXECUTIVE SUMMARY AWARD A CONTRACT TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., TO UPGRADE THE PELICAN BAY WELLFIELD, BOOSTER STATION AND MASTER FLOW METER, BID 01-3238, PROJECT 74039 OBJECTIVE: To increase the supply of water used to supplement the reclaimed water used for irrigation in the North County Service area. CONSIDERATIONS: On March 14, 2000, Agenda Item 16(B)15, the Board of County Commissioners approved a work order to Tilden Lobnitz Cooper for engineering services related to this project. On June 13, 2001, sealed bids were opened for this project. Bid notices were sent to 311 contractors, seventeen contractors purchased plans and specifications. Three bid packages were received and are tabled below: Bidder Mitchell & Stark Construction Company, Inc. Hausinger & Associates, Inc. Douglas N. Higgins, Inc. Amount $734,950 $815,000 $842,000 The bid tabulations are attached. The lowest bid was received from Mitchell & Stark Construction Company, Inc. in the amount of $734,950. Our design professional evaluated the bids and has determined that they are qualified to perform the work under this contract and recommends award of the contract to Mitchell & Stark Construction Company, Inc. Mitchell & Stark Construction Company, Inc. is on the County's annual bid for Underground Utility Contractors and has performed satisfactorily. Subsequent to posting the award recommendation, the Purchasing Department received a formal protest fi.om East Side Pump & Supply, Inc., a vendor who submitted their bid after the 2:30 p.m. deadline. The Purchasing Department refused to accept the bid and the vendor subsequently filed a protest. The Purchasing Director reviewed the protest and ruled against the protestor. Copies of the protest letter from East Side Pump & Supply, Inc. dated June 21, 2001 and the Purchasing Director's response dated July 11, 2001 are attached. FISCAL IMPACT: Budget in the amount of $734,950 is needed to award the bid to Mitchell & Stark. Also, an additional $25,005 is needed as a contingency for the above project, for a total of $759,955. Currently the available budget for Project No 74039 is $427,955. A budget amendment is needed to transfer funds in the amount of $332,000 to project 74039. Funds in the amounl of $312,000 will be transferred from Project 74031, Rehab SCWRF Reclaimed Water Tank, which: ~ Funds in the amount of $20,000 will be transferred from Project 74015. Source o ' fun~ai.s User Fees. JUL 3 1 Executive Summary Pelican Bay Wellfield Upgrades Bid 01-3238 Page 2 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, award a contract to Mitchell & Stark Construction Company, Inc., Project 73949, authorize the Chairman to execute the Contract, and approve the necessary budget amendment. SUBMITTED BY: ~~ ~ .... Alicia Abbott, Public Project Manager Public Utilities Engineering Stephen Y. ~am~il, ~urchasing Di~[ctor Date: Date: Ro~ A~erson, P.E., Public Utilities Engineering Director Josept(}3. C[eatham, Wastewater Director JamesOn. Mudd, P.E., Public Utilitids Administrator Date: 7'12'O/ JUL 3 1 2001 JUL 3 1 2001 O6/~1/2001 TI~L.T 10:0~ F.,~: 94~3771955 EAST SID~ PU'~P 1~001/002 East Side Pump & Supply, Inc 7900 Fruitvi!le Rd Sarasota, FL 34240 941-371-5383 FAX 941-377-1955 June 2 I, 2001 Collier County Government Purchasing Department 3301 East Tamiami Trail General Services Building Naples, :FL 34112 ATTN: Mr. Steve Carnell ~ Purchasing/Oeneral Services Director RE: Bid #01-:t238 Project Name: PeIican Bay Well Field Opening Date: June 13, 2001 ~ 2:30 PM Dear Sir; Your Bid ~q31-3238 page WS-IB-1 specified the location of'tho bid opening ('Building W). We were at that location at 2:15 pm, and discovered that the Purchasing Dept had been moved to Building G. We finally found a Maintenance Man to give us directions to Building G, this causing us to be 5 minutes late for the Bid Opening. We feel that this project should be rebid due to your mistake in the specifications. Please send us all necessary forms so we can file a protest due to incorrect information in your bid. We have not received any addendums to a location change. ce: CoIlier County Bd of Co, Corem cc: Collier County Purchasing Dept ce: L Geoffrey Pflugner, Attorney Sincerely, . Wilson President /~, AGt~NOA IT[Pi .o._ I/~,t"' JUL 3 1 21101 06/21/2003. THU 10:03 FAX 94137719B$ EAST SIDE PUMP pART B - INSTRUCTIONS TO BIDDERS 002/002 Section 1. Definitions '1.1 The term "Owner" used herein refers to the Board of. County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidding Documents" includes the Legal Advertisement, these instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.5 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the P'--'-'~ng Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages WS- P-1 through WS-P-11 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name, Bid Opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building (Bldg. "W"), Collier County Government Complex, :3301 Tamiami Trail East, Naples, Florida 341 t2. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above, Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. - 2,2 Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000, To this end, vendors will be evaluated on their performance upon :ompletion/termination of agreement, WS-IB-1 ~10. !/ /~, (.... ~ , JUL 3 1 2001 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (941) 774-8407 FAX (941) 732-0844 e-mail: stevecarnell@colliergov.net July 11, 2001 Mr. Toney H. Wilson, President East Side Pump & Supply, Inc. 7900 Fruitville Rd Sarasota Fi. 34240 Re: Protest Decision, 0'1-3238, Pelican Bay Well Field Upgrade Dear Mr. Wilson: I am in receipt of your protest letter of June 21, 2001 concerning the circumstances surrounding your firm's failure to submit a timely bid prior to the 2:30 pm published deadline of Wednesday, June 13, 2001 for the referenced project. have reviewed your letter and the bid invitation documents and noted the following: The location for submitting bid offers is correctly listed as "the Purchasing Building" in at least three instances within the public announcement and bid invitation documents. This is, in fact, was the location of the Purchasing Department for more than seven months prior to the bid opening date. On page WS-IB-1, subsection 2.1 correctly refers to the bidding location as the Purchasing Building, but incorrectly includes the words "(Bldg. W") in parenthesis. o Prior to moving to its current location last November, the Purchasing Department was located in the General Services Building, or Building W. At no time has that building ever been referred to as "the Purchasing Building". Hence, the reference "Purchasing Building (Building W)" is contradictory on it's face as these are two different venues. In your protest, you asked for the County to reject the bids received and re-solicit bid offers because of the error in the documents. This office has reviewed this option and weighed it against the following considerations: a. No other bidder or prospective bidder reported problems with the location of the bid opening (i.e., their bids were submitted on time at the correct location). AGENDA ITEM ~ .o. [CE JUL 3 1 2001 Mr. Toney Wilson July 11, 2001 Page 2 Re-bidding the project is not a decision to elect lightly. The bid pdces of the compliant bidders have been exposed and arguably that places those bidders at a competitive disadvantage in a re-bid situation. Further, such':'a decision would likely add six to eight weeks to the project schedule While the single erroneous r6ference to Building W is regrettable and unfortunate, the correct location (the Purchasing Building) was nonetheless referenced in each instance. Further, it is the bidder's responsibility to get their bid offers to the correct location on time. Therefore, it is the decision of the Purchasing Director to reject the protest and authorize staff to proceed forward with award of the referenced contract as originally recommended. Under subsection XVIII.F of the Board's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor files a subsequent written objection to the Purchasing Director within two business days of receipt of the decision. Hence, any subsequent written objection must be filed with this office not later than close of business on Friday, July 13, 2001. Sincerely, Steve Carnell, Purchasing/General Services Director CC: Roy Anderson, Utilities Engineer Director Lyn Wood, Purchasing Agent II AG£NOA IT£t~ JUL 3 1 2001 PG. .... EXECUTIVE SUMMARY PROVIDE INITIAL READINESS FUNDING FOR HURRICANE DEBRIS PLANNING AND MANANAGEMENT IN THE 200t HURRICANE SEASON. OBJECTNE: To provide $500,000 for initial funding for hurricane debris research, planning and management in the 2001 Hurricane Season. These funds will be utilized for readiness and debris management preparation. CONS!D,ERATION: partial funding well in advance of any hurricane event is necessary for readiness. The Solid Waste Management Department needs to be able to fund the preparation of Temporary Debris Storage and Processing Sites and the County's pre-storm planning and operations, and those of the County's debris management contractor, Phillips & Jordan, Inc. (County contract #00-3038, approved 811/00, Item # 16(c)15). 1) Phillips & Jordan estimates that $55,000 will be needed for preparation each debris site (1000'x24' entrance road and 500'x100' dump pad). For an optimum of four sites, this equals $220,000. Further, they estimate that the detailed preparedness and debris management plans which will follow may cost as much as $50,000. Whatever funds remain will be used to pay the contractor in the period immediately after a hurricane event. 2) For Collier County to be better prepared, a portion of the requested readiness funds will be utilized for real-time computer damage assessment modeling. 3) Additional funding will be requested as damage assessments are done, and again once all work has been completed. 4) The estimated clean-up cost for Collier County after a small, "dry" Category 1 Storm ranges from $3.5 - 6 million. FISCAL IMPACT: Funds are available from Solid Waste Disposal Fund 470 Reserves. Estimated funds not to exceed $270,000 will be utilized for debds site preparations, pre-storm preparedness and debris management planning, and damage assessment modeling. The remainder of the funds will be utilized only if Collier County is impacted by a hurricane event. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact asso~ated with this item. Amendments for this initial readiness funding for Hurrica and authorize Staff to make necessary task assignr engineering firms and contractor Phillips & Jordan, Inc. RECOMMENDATION: That the Board authorize Staff to make necessary Budget ~ n~'s~r~o~ ~'~ ' 'u~i~ JUL 3 I Z001 J o h~13¥ecT~'nl~ arn E~ronmental Compliance Coordinator REVIEWED BY: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department Jaf~es V. Mudd, P.E., Administrator Public Utilities Division AGENDA ITEM No. t/_ JUL 3 1 2001 Pg. ,~ EXECUTIVE SUMMARY APPROVAL OF WORK ORDER NUMBERS WD-034 AND WD-035 FOR INSTALLATION OF FIRE HYDRANTS WITHIN THE PELICAN BAY SUBDIVISION OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve Work Order Number WD- 034 to Kyle Construction and Work Order Number WD-035 to Mitchell and Stark. CONSIDERATIONS: The fire hydrants located within the Pelican Bay Subdivision are currently supplied with water from the effluent water system. A Capital Project was developed and approved by the Board of County Commissioners to relocate all f'n:e hydrants from the effiuem water source to a potable water source to provide increased reliability of the fire system within this area. Mitchell and Stark and Kyle Construction are two of Collier County's approved underground contractors. The fire hydrant relocation project was bid in two separate sections to allow for expeditious completion of this project. The lowest bidder on Quote Package Number 1 was Kyle Construction and the lowest bidder on Quote Package Number 2 was Mitchell and Stark. FISCAL IMPACT: The fiscal impact of this purchase is for $564,700, with funding available in the Wastewater Capital Fund, in Project No. 74023. The funding source is user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact with the approval of these work orders. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Work Order Number WD 00-034 to Kyle Construction and Work Order Number WD-0035 to Mitchell and Stark and authorize the Water Director to execute both Work Orders. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Pa~la Libby, Diet. or J~tham, Wast~ater DireCtor ' P~Water Director Ja(~r~s V. Mudd, PE, Public Utilities Division Administrator WORK ORDER # WD-034 UNDERGROUND UTILITY CONTRACTING SERVICES Contract #00-3087 This Work Order is for the Underground Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Pelican Bay - Fire Line Project - fire hydrant installation The workis specified in the proposal dated June 19, 2001 which is attached hereto and made part of this Work Order. In accordance with the terms and conditions of the Agreement referenced above, Work Order # WD-034 is assigned to the following work. Scope of Work Task I: Install a series of hydrants on potable water line located within the Pelican Bay Subdivision. Details of project are attached. Schedule of Work: Completed by December 1, 2001_ Compensation; In accordance with Item 4 of the Agreement, the county will compensate the Firm in accordanc, e with the negotiated lump sum amount provided in the schedule below. Task I: Per the attached quote sheet - on a per hydrant basis. Task II Total Fee $274,400.00 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. _ ACCEPTED BY/J Co. actor Representative Date Title Approved as to legal sufficiency: Thomas Pal(ncr Assistant County Attorney QUOTE TABULATION Pelican Bay Fire Hydrant Project - Phase 1 - Summer of 2001 q}uote Section No. 1 I. Mitchell and Stark - $287,670.00 2. D.N. I-Iig~n.q $404,250.00 3. Florida Slate Underground $368,350.31 4. Kyle Construction $274,400.00 Quote section No. 2 1. Mitchell and Stark - $290,300.00 2. D.N. Hig~n.q $409,150.00 3. Florida State Underground $381,392.99 4. Kyle Construction $303,800.00 Bolded vendor is the low bidder. Note: The Board of County Commissioners will accept the above quotes and authorize us to issue a Purchase Order at the July 31't meeting Work can conunence immediately following A Work Order form will be forwarded to the low bidder for each Section within the next several days to be signed. WORK ORDER # WD-035 UNDERGROUND UTILITY CONTRACTING SERVICES Contract #00-3087 This Work Order is for the Underground Contractor's Services, subject to the terms and conditions of the/2ontract referenced above, for work known as: Project: Pelican Bay - Fire Line Project - fire hydrant installation The work is specified in the proposal dated June 19, 2001 which is attached hereto and made part of this Work Order. In accordance with the terms and conditions of the Agreement referenced above, Work Order # WD-035 is assigned to the following work. Scope of Work Task I: InstMl a series of hydrants on potable water line located within the Pelican Bay Subdivision. Details of project are attached. Schedule of Work: Completed by December 1, 2001. 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: Per the attached quote sheet - on a per hydrant basis. Task II Total Fee $290,300 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. _~~ REVIEWED BY: (~4~. '~ ~Department?Repr~//v~ Date ACCEPTED BY: 7 Contractor Representative Date Title Approved as to legal sufficiency: Thom~ Palmer Assistant County Attorney AGENDA ITEM NO o_~ JUL 3 I 2001 QUOTE TABULATION Pelican Bay Fire Hydrant Project- Phase 1 - Summer of 2001 Quote Section No. 1 1. Mitchell and Stark- $287,670.00 2. D.N. Higgins $404,250.00 3. Florida State Underground $368,350.31 4. Kyle Construction $274,400.00 Quote section No. 2. 1. Mitchell and Stark - $290,300.00 2. D.N. Hig~r[q $409,150.00 3. Florida State Underground $381,392.99 4. Kyle Construction $303,800.00 Bolded vendor is the low bidder. Note: The Board of County Commissioners will accept the above quotes and authorize us to issue a Purchase Order at the July 31't meeting, Work can commence immediately following. A Work Order form will be forwarded to the low bidder for each Section within the next several days to be $ignecL EXECUTIVE SUMMARY APPROVE THE HOME CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 5 1/2 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $103,038 for the period July 1, 2001 through September 30, 2002 will provide in-home support services through the encouragement and management of family-type living arrangements in private homes as an alternative to costly and permanent nursing home care. The majority of these clients would be unable to remain in their homes without this help. The grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation FISCAL IMPACT: The total grant amount of $103,038 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida. Of the total grant award, $5,661 will require a budget amendment to recognize the direct funding portion to the County for administration and case management. The remaining $97,377 will be retained by Senior Solutions who contracts with service providers to pay for direct services authorized by Collier County Services for Seniors. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Home Care for the Elderly grant and authorize the Chairman to sign the contract and approve the necessary budget amendment. The contract has been reviewed and approved by the County Attorne~ Prepared By~ _ f... ,;~_~__ ..i// ~_ . Date: ~'-h~ ~rell, Servii:es for Seniors Accounting Technician Approved by: Date: Martha IF~inner, Social Seryices Director Reviewed and~ Approved by: ~ ~ '_ Date: L~ ~ Ochs, Jr., Public ~rvic~ Administrator Agende Item JUL 3 ! 2001 07/01/01 Contract Number HCE 203.311.02 STANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., cL~b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and Collier County Board of County Commissioners , hereinafter referred to as the "recipient". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, and its successor, incorporated herein by reference. The parties agree: Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. Final Request for Payment: 1. The recipient must submit the final request for payment to the agency no later than September 15, 2002; if the recipient fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. If the contract is terminated prior to the contract end date of September 30, 2002, then the recipient must submit the final request for payment to the agency no more than 45 days after the contract is terminated; if the recipient fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. II. The Agency Agrees: Contract Amount: - - To pay for contracted services according to the conditions of Attachment I__ in an amount not to exceed $ 5,661.00 , subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations and consists of the following: Services Reimbursement Rate Case Management $35.06 Agenda Item JUL 3 ! 2001 PQ .~? ~_ 07/01/01 Contract Number HCE 203.311.02 Program Title Year Funding Source CSFA# Fund Amounts Home Care for the 2001 General Revenue 65001 $5,661.00 Elderly Case Management / Case Aide Home Care for the 2001 General Revenue 65001 $97,377.00 Elderly Subsidies TOTAL FUNDS CONTAINED IN THIS CONTRACT: $103,038.00 III. Recipient and Agency Mutually Agree: Effective Date: 1. This contract shall begin on July 1, 2001 or on the date the contract has been signed by both parties, whichever is later. 2. Delivery of services shall end on June 30, 2002. This contract shall end on September 30, 2002. See Attachment I, Section III.D. Be Termination, Suspension, and/or Enforcement: Thc causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III. B. and Section III. C. of the Master Agreement. Co Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the agency for this contract is: Terry White, Executive Director Area Agency on Aging for Southwest Florida, Inc., - d/b/a Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 (941) 332-3596 fax 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this contact is: Martha Skinner, Project Director Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail, East Building H Naples, FL 34112(941) 774-8443/(941) 774-3430 Agenda Item JUL 3 I 2001 07/01/01 3. Contract Number HCE 203.311.02 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. The name (recipient name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners Martha Skinner, Project Director Collier County Services for Seniors 3301 Tamiami Trail, East Building H Naples, Florida 34112 IN WITNESS THEREOF, the parties hereto have caused this undersigned officials as duly authorized. RECIPIENT: AGENCY: 11 page contract to be executed by their Collier County Board of County Commissioners Area Agency on Aging for Southwest Florida, Inc. dgo/a Senior Solutions of Southwest Florida, Inc. BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: NAME: James D. Carter, Ph.D., TITLE: Board Chairman SIGNED BY: NAME: TITLE: GINGER D. KOCH BOARD PRESIDENT DATE: JUNE 29, 2001 FEDERAL ID NUMBER: 59-6000558 RECIPIENT FISCAL YEAR END DATE: September 30 Approved as to legal form and sufficiency: Ramiro Manalich Chief Assistant County Attorney DATE: JUNE 29, 2001 Agenda Item JUL 3 001 Pg'7 ~,['~ -- 07/01/01 Contract Number HCE 203.311.02 ATTACHMENT I HOME CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Home Care for the Elderly (HCE) Program encourages the provision of care in family-type living arrangements in private homes on a not for profit basis as an alternative to nursing home or other institutional care. II. SERXqCES TO BE PROVIDED A. Services: The recipient's Service Provider Application for state fiscal year 2001, and any revisions thereto approved by the agency and located in the contract manager's file, are incorporated by reference in this contract between the agency and the recipient, and prescribe the services to be rendered by the recipient. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's Service Provider Application for state fiscal year 2001 and the Department of Elder Affairs Client Services Manual dated 12/98. In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT The method of payment in this contract includes cost reimbursement for administration costs and fixed rate for services. The recipient must ensure fixed rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The agency shall consolidate all requests for payment and expenditure reports that support requests for payment from recipients and shall submit to the agency on forms 106H and 105H. B. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller or the agency upon request. Agenda, Item Pg. ~ _ 07/01/01 C. Contract Number HCE 203.311.02 The recipient, if eligible, may request a monthly advance for administration and service costs for each of the first three months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the agency, and maintained in the contract manager's file. All payment requests for the fourth through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. Do Advance funds may be temporarily invested by the recipient in an insured interest bearing account. Ali interest earned on contract fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the contract period. E. Contract Amendments: 1. The recipient agrees to implement the distribution of funds as detailed in theService Provider Application and the Budget Summary, ATTACHMENT III to this contract. A contract amendment is required to change the total amount of the contract. With written notice to the agency's contract manager, funds may be moved from the Administration and Case Management budget categories to the Subsidies category. The Case Management budget category can not be increased. 2. This contract is for services provided during the 2001/2002 State Fiscal year beginning July 1,2001 through June 30, 2002, however, the contract is in effect through September 30, 2002 in order .to provide for maximization of resources and to allow for greater flexibility to pay for the services rendered by June 30, 2002. Services provided after June 30, 2002 cannot be reimbursed under this contract. 3. The recipient will submit a draft closeout report by August 15, 2002. Any contract amendments after August 30, 2002 determined necessary by the agency will be based on the draft closeout reports. 4. The final expenditure report and request for payment will be due to the agency no later than September 15, 2002. No expenditure reports or requests for payment will be accepted after September 15, 2002. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. 5 Agenda Item .o.J ! JUL 3 1. OOl Pg~~ 07/01/01 Contract Number HCE 203.311.02 IV. SPECIAL PROVISIONS A. State Laws and Regulations: The recipient agrees to comply with applicable parts of Rule Chapter 58H-1, Florida Administrative Code promulgated for administration of Sections 430.601 through 430.608, Florida Statutes, and the Department of Elder Affairs Client Services Manual dated 12/98 2. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. Agenda Item UL 3 1 2001 07/01/01 Contract Number HCE 203.311.02 B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the agency to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: a) b) c) d) e) individuals in nursing homes under medicaid who could be transferred to the community; individuals in nursing homes whose medicare coverage is exhausted and may be diverted to the community; individuals in nursing homes which are closing or in receivership and can be discharged to the community; individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours; or, individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. 2. Priority Criteria for Other Assessed Individuals: The assessment and provision of services should alWays consider the most cost effective means of service delivery. Functional impairment shall be determined through the consumer assessment form administered to each applicant. The most frail individuals not prioritized in the group above, regardless of referral source, will receive services to the extent funding is available. C. Consumer Information, Registration and Tracking System (CIRTS): The recipient will ensure the collection and maintenance of Home Care for the Elderly (HCE) subsidie§ and case management information on a monthly basis from the Consumer Information, Registration and Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to Agency standards. The recipient must ensure all data for HCE subsidies are entered in the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and the 15th of the current month. Case management data entered into the CIRTS by the 15th of the month will be for umts of service provided during the previous month from the 16th and up to and including the 15th of the current month or case management units of service may be entered according to the recipient schedule, in aggregate on the 31 st or daily, weekly or monthly. 7 Agend, a Item JUL 3 1 001 07/01/01 3. Contract Number HCE 203.311.02 The recipient will ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by consumer and by worker identification is run. The recipient will ensure the Monthly Utilization Report, by consumer and by worker identification is verified, corrected, certified no later than the 25th of the month in which the report is generated. The recipient will ensure caregivers determined eligible for the HCE basic subsidy after the 15th of a month, will be processed to begin eligibility for the HCE basic subsidy on the 1st day of the next month. 8 Agend.& Item .o.J I JUL 3 I ,001 P g;..~ 07/01/01 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Legend: Note # 1: Note # 2: Contract Number HCE 203.311.02 ATTACHMENT II HOME CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR Based On July Advance* August Advance* September Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure ReporgJuly Adv. Recon.** June Expenditure Report/August Adv. Recon.** Draft Closeout Report Final Expenditure and Request for Payment Report Closeout Report Submit to Agency On This Date July 1 July 1 August 1 August 20 September 20 October 20 November 20 December 20 January 20 February 20 March 20 April 20 May 20 June 20 July 20 August 15 September 15 October 1 Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the agency prior to July 1 or until the contract with the agency has been executed and a copy sent to the agency. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. The last three months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first three months of the contract. 9 07/01/01 Contract Number HCE 203.311.02 ATTACHMENT III HOME CARE FOR THE ELDERLY PROGRAM PSA 8 BUDGET SUMMARY Original X Amendment RECIPIENT AGENCY: Collier County Board of County Commissioners COUNTY: Collier 1. HCE Subsidies $ 97,377.00 2. HCE Case Management* $ 5,661.00 3. Total $ 103,038.00 * Case management / case aide budget line item can not be increased. l0 07/01/01 Contract Number HCE 203.311.02 Attestation Statement Amendment Number Original I, ~O,.,v'~'~ Cb ~%~ t'~ ~ ~. '¢ _, attest that no changes or revisions (Recip~nt representattve) have been made to the conten[ of the above referenced contract or amendment between the Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (Recipient name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the contract content. Signatur~,~f Recipient representative (Revised Jan 2001) JUL 3 1 2OOl EXECUTIVE SUMMARY AUTHORIZE STAFF TO UTILIZE THE COLLIER AREA TRANSIT (CAT) FOR TROLLEY SERVICES AT THE SUMMER BARBEQUE AND BLUES EVENT. Objective: That the Board of County Commissioners authorize the Collier Area Transit to provide shuttle service for a Parks and Recreation summer event to be held August 5m, 2001 at Pelican Bay Community Park. Consideration: The Parks and Recreation Department will be hosting the "Summer Barbeque and Blues," Sunday August 5m at Pelican Bay Community Park. Due to limited parking spaces at this facility, staff has secured space at the Pavilion Shopping Center for parking. Patrons accessing the park for this event will be able to walk or ride the requested CAT bus from the parking area to the Park. The Collier Area Transit staff has agreed to provide the necessary buses for this event upon Board of County Commission Approval. Growth Management: There is not a growth management issue. Fiscal Impact: Funds necessary to cover the $45 per hour service charge for an estimated z~ hours totaling $180 are budgeted in the Parks and Recreation operating budget. Recommendation: tr the Barbeque and Blues summer event. Prepared by:/~ames Fitze ~, Op;rations M~/n/~er t~' Department of Parks and R&reation Re vie wed and "~'~,/ff/3~ Approved by: l~l~rt~ Ramsey,'Di(ector Department of Parks andXR~creation Reviewed and .~~/~ , Approved by: Leobchs, Jr., Admini~at~r Division of Public Ser/vic~s That the Board gives the necessary authorization to the Collier Area Transit staff to provide services Date: Date: Agenda L1;em 1 001 EXECUTIVE SUMMARY AWARD RFP 01-3236 FOR A 3-YEAR CONTRACT FOR FITNESS CENTER EQUIPMENT. Objective: That the Board of County Commissioners award RFP 01-3236 to the recommended bidder for a 3-year contract for fitness center equipment. Consideration: RFP 01-3236 was posted on May 11, 2001, and one RFP from Barry's Barbell of Ft. Myers was received on June 01, 2001. Four categories of equipment were requested for the proposal: free weights and benches, plate loading equipment, selectorized equipment (equipment that utilizes pins to hold weights), and cardio vascular equipment. Out of these categories the vendors were requested to provide a full description of the equipment they represent including manufacturers name, weight, dimensions, power requirement and physical properties. Performance characteristics finish and intended use. A five-member selection committee evaluated, scored and recommended approval of the RFP that was submitted by Barry's Barbell. This RFP is for 3 years and will be utilized to purchase new and replacement equipment. Fiscal Impact: Funds are budgeted in the FY 01-02 budget for fitness equipment. Growth Management: These fitness centers are inventoried in the Collier County Growth Management Plan. Recommendation: That the Board of County Commissioners. award RFP to Barry's Barbell for a 3-year contract for fitness center equipment. Prepared by: /~'~ Debbie Roberts, Operation Coordinator Department of Parks and Recreation / Reviewed and Approved by: '/'.i'i ~/'~ MgXla Ramsey, Direct6~: Department of Parks and Recreation Date: Date: Reviewed and ,j~, c~ ~-~ ,'~'L2 Approved by: ~ , / Ste~ve CaTne~l, Direct& Dep~~f P~c~sing Reviewed and ~ ~ ~ Approved by:/~ ~~~ ~ ~ Leo Oc~ Jr.fPublic Svs. Admi~. Division of Public Se~ices Date: '"~ (~(~ t Date: 3 1 2001 TABULATION FOR RFP # 01-3236 "Fitness Equipment" DATE OF RFP ADVERTISEMENT: 05/11/01 RFP DUE: 06/01/01 NO. OFNOTICES SENT: 17; VENDORS REQUESTED FULL PACKAGE: 7 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Proposer City, State Original + 4 Copies Berry's Barbell & Equip.. Inc. Ft. Myers, F1 X Yes ['-] No [--] Yes [--] No [-~ Yes [-"] No [---} Yes [--] No [--] Yes [-'] No ['-] Yes [--] No [--] Yes [---] No Opened by Witness EXECUTIVE SUMMARY APPROVE THE ALZHEIMER'S DISEASE INITIATIVE CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 10 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $98,446 for the period July 1, 2001 through September 30, 2002 will allow for the delivery of respite care and case management services to the County's frail elderly preventing premature and costly institutional placement. This grant enables victims of Alzheimer's disease to remain in their homes with help. The grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $98,446 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida. Of the total grant award, $527 will require a budget amendment to recognize the direct funding portion to the county for administration and case management. The remaining $97,919 will be retained by the Area Agency on Aging who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Alzheimer's-Disease Initiative grant and authorize the Chairman to sign the contract and approve the necessary budget amendment. Title contract has been reviewed and approved by the County Attorn~e~---~-' Prepared By ~ ~/~///~///.~~[~ ~ ~ Date: ~/~) '/~/ A, · John S/esvices fOr Seniors ccounting Technician Reviewed and ~X, ~\h ~'x. , Approved by: [X~ ~(~O,.~VV~.~ ~2>~~ Date: Reviewed and Approved by: Date: Martha SXldnner, Social Services Director Le0E. Ochs, Jr., P/ub~i~Services )kdministrator 07/01/2001 Contract Number ADI 203.305.02 STANDARD CONTRACT AREA AGENCY ON AGING THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and Collier County Board of County Commissioners , hereinafter referred to, as the "recipient". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, and its successor, incorporated herein by reference. The parties agree: I. Recipient Agrees: Ao Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. Co Final Request for Payment: 1. The recipient must submit the final request for payment to the agency no later than September 15, 2002; if the recipient fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. If the contract is terminated prior to the contract end date of September 30, 2002, then the recipient must submit the final request for payment to the agency no more than 45 days after the contract is terminated; if the recipient fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. II. The Agency Agrees: Contract Amount: - To pay for contracted services according to the conditions of Attachment I___ in an amoun', not to exceed $ 527.00 , subject to the availability of funds. The agency's performance and obligatior to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and al& appropriations and consists of the following: SERVICES Case Management REIMBURSEMENT RATE $35.06 JUL 3 ! 2001 07/01/2001 Contract Number ADI 203.305.02 Program Title Year Funding Source CSFA# Fund Amounts Alzheimer's 2001 General Revenue 65004 $527.00 Disease Initiative - Case Management Alzheimer's 2001 General Revenue 65004 $97,919.00 Disease Initiative - Spending Authority TOTAL FUNDS CONTAINED IN THIS CONTRACT: $98,446.00 III. Recipient and Agency Mutually Agree: Ao Effective Date: 1. This contract shall begin on July 1, 2001 or on the date the contract has been signed by both parties, whichever is later. 2. Delivery of services shall end on June 30, 2002. This contract shall end on September 30, 2002. See Attachment 1, Secnon III.D. Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III. B. And Section III. C. of the Master Agreement. Notice, Contact, and Payee hfformation: 1. The name, address, and telephone number of the contract manager for the agency for th~s contract is: Terry White, Executive Director Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 (941) 3324233 (941) 332-3596 fax 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this contact is: Martha Skinner, Project Director Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami 'Frail, East Building H Naples, FI~ 34112 (941) 774-8443/(941 ) 774-3430 Agend. a Item JUL 3 2001 Pg' ~ ,, 07/01/2001 Contract Number ADI 203.305.02 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. The name (recipient name as shoxvn on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners Martha Skinner, Project Director Collier County Services for Seniors 3301 Tamiami Trail, East Building H Naples, FL 34112 I IN WITNESS THEREOF, the parties hereto have caused this ~ undersigned officials as duly authorized. RECIPIENT: AGENCY: 10 page contract to be executed by their Collier County Board of County Commissioners Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: SIGNED BY: NAME: James D. Carter, Ph.D., NAME: GINGER D. KOCH TITLE: Chairman TITLE: BOARD PRESIDENT DATE: June 30,2001 DATE: June 30,2001 FEDERAL ID NUMBER: 59-6000558 RECIPIENT FISCAL YEAR END DATE: September 30 Approved as to legal form and sufficiency: Rar~tr'o Manalich ~ Chief Assistant County Attorney 3 l Agend Item 07/01/2001 Contract Number ADI 203.305.02 ATI'ACItMENT I ALZHEIMER'S DISEASE INITIATIVE PROGRAM 1. STATEMENT OF I'URPOSE The Alzheimer's Disease Initiative (ADI) Program is focused on caring for persons 18 + with memory disorders. II. SERVICES TO BE PROVIDED A. Services: The recipient's Service Provider Application for state fiscal year 2001. and any revisions thereto approved by the agency and located in the contract manager's file, are incorporated by reference in this contract between the agency and the recipient, and prescribe the services to be rendered by the recipient. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's Service Provider Application for state fiscal year 2001 and the Department of Elder Affairs Client Services Manual dated 12/98. In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is fixed rate for services. The recipient must ensure fixed rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The agency shall consolidate all requests for payment and expenditure reports that support requests for payment from recipients and shall submit to the Department of Elder Affairs on forms 106Z and 105Z. B. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller or the agency upon request. The recipient, if eligible, may request a monthly advance for service costs for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the agency, and maintained in the contract manager's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. Agenda~Item No. dUk i 2JD1 J P9 -~ 07/01/2001 Contract Number ADI 203.305.02 Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on contract fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the contract period. E. Contract Amendments: The recipient agrees to implement the distribution of funds as detailed in the Service Provider Application and the Budget Summary, ATTACH. MENT III to th~s contract. Any changes in the amounts of the funds identified on the Budget Summary form require a contract amendment. This contract is for services provided during the 2001/2002 State Fiscal year beginning July 1, 2001 through June 30, 2002, however, the contract is in effect through September 30, 2002 in order to provide for maximization of resources and to allow for greater flex~bili~, to pay for the services rendered by June 30, 2002. Services provided after June 30, 2002 cannot be reimbursed under this contract. The recipient will submit a draft closeout report by August 15. 2002. Any contract amendments after August 15, 2002 determined necessary by the agency will be based on the draft closeout repons. The final expenditure report and request for payment will be due to the agency no later than September 15, 2002. No expenditure reports or requests for payment will be accepted after September 15, 2002. Fo Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic repons due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulations: The recipient agrees to comply with applicable pans of Rule 58D-1, Florida Administrative Code promulgated for administration of Sections 430.501 through 430.504, Florida Statutes, and the Department of Elder Affairs Client Services Manual dated 12/98. 5 Agend~ ~Item JUL3 ! o0'1 I 07/01/2001 Contract Number ADI 203.305.02 B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the department to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: a) b) c) d) e) individuals in nursing homes under medicaid who could be transferred to the community; individuals in nursing homes whose medicare coverage is exhausted and may be diverted to the community; individuals in nursing homes which are closing or in receivership and can be discharged to the community; ::. . individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement xvill occur within 72 hours; or, individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. 2. Priority Criteria for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the Department of Elder Affairs' consumer assessment form administered to each applicant. The most fi'ail individuals not prioritized in the group above, regardless of referral source, will receive services to the extent funding is available. C. Co-payment Collections: The agency will ensure recipients establish annual co-payment goals. The agency also has the option to withhold a portion of the recip~ent's Request for Payment if goals are not met according to the agency's co-payment guidelines. Co-payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co-paymem. The contribution must be equal to or greater than the assessed co-payment. 3. Co-payments collected in the ADI program must be used to expand services. D. Evaluation, Statistics and Reports: The recipient agrees to respond to requests for evaluation information and statistical data concerning its consumers based on information requirements of the Memory Disorder Clinics and Brain Bank. Model Day Care Centers supported by this contract will develop innovative therapies ! JUL 3 ! 2001 / 07/01/2001 Contract Number ADI 203.305.02 and interventions which can be shared with other Alzheimer's Disease Initiative health and social services personnel via training. Model Day Care Centers supported by this contract must report all training activities provided to health care and social service personnel and caregivers, as well as serve as a natural laboratory for service related applied research by Memory Disorder Clinics. Model Day Care Centers will complete an annual Model Day Care Center Training Report. ATTACHMENT IV, which is due by July 15, 2002. E. Collaboration with Memory Disorder Clinics: Memory Disorder Clinics are required to provide four hours of in-service training to all respite and model day care centers in their designated service areas. The recipient agrees to collaborate with Memory Disorder Clinics to assist m this effort. F. Service Cost Reports: The recipient will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 07/01/2001 Contract Number ADI 203.305.02 ATTACHMENT II ALZHEIMER'S DISEASE INITIATIVE PROGRAM CONTRACT REPORT CALENDAR Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Legend: Note # 1' Note # 2: Based On July Advance* August Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report/July Adv. Recon.** June Expenditure Report/August Adv. Recon.** Draft Closeout Report Final Expenditure and Request for Payment Report Closeout Report Submit to Agency On This Date July 1 July 1 August I0 September 10 October 10 November 10 December 10 January 10 February 10 March 10 April 10 May l 0 June 10 July 10 August 15' September 15 October 1 * Advance based on projected cash need. ** Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the agency prior to July 1 or until the con'/racffwith the agency has been executed and a copy sent to the agency. Actual submission of the Requests for Payment to the State Comptroller is dependent on the accuracy of the expenditure report. The last two months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 8 i Agen.i I te~" 07/01/2001 Contract Nunzber ADI 203.305.02 ATTACHMENT III ALZItEIMER'S DISEASE INITIATPWf,; PROGRAM BUDGET SUMMARY PSA 8 Original X Amendment RECIPIENT AGENCY: Collier County Board of County Commissioners FOR COUNTY / COUNTIES: Collier 1. Case Management $ 527.00 2. Spending Authority $ 97.919.00 3. Total $ 98.446.00 '""Agend~ Item JUL3 1 20C1' 07/01/2001 Contract Number ADI 203.305.02 Attestation Statement Amendment Number Original I, r~ .~ f~ ~ ~ ~' attest that no changes or revisions (Reclp¢ent rep~re-sentative) - ~:'"'-"'~ have been made to the content of the above referenced contract or amendment between the Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida and COLLIER COUN'i~' BOARD OF COUNTY COMMISSIONERS (Recipient name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the contract content. Signat~,re of Recipient representative (Revised Jan 2001) 10 Agend~ Item JUL3 1 2001 EXECUTIVE SUMMARY APPROVE THE COMMUNITY CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past 26 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $640,663 for the period July 1, 2001 through September 30, 2002 will allow the delivery of homemaking services, personal care services, respite care, medical transportation and case management services to the County's frail elderly preventing premature and costly institutional placement. The majority of these clients would be unable to remain in their homes without this help. The County's cash matching funds for this grant will be $65,7-K3 that was approved in the County's FY 00/01 budget. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $640,663 is funded from the State of Florida grants and aids appropriation administered by Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida. Of the total grant award, $259,325 will require a budget amendment to recognize the direct funding portion to the county for administration and case management. The remaining $381,338 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $6Z,77~ in local cash matching funds was approved in the FY 00/01 budget and will be funded from General Revenue, Fund 001, to Collier County Services for Seniors, Fund 123. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Community Care for the Elderly grant and authorize the Chairman to sign the contract and approve the necessary budge~ amendment. The contract has been reviewed and approved by the County Attorney. Prepared ~/_z_ - ..... ~~~/r~ Date: John/errell, SerVices for Seniors, Accounting Technician Reviewed and ½~? ;~ ~f-,^ Approved by: ~/'~-Y'/'~-Y'~!(3.~'~.~- ~~ Date: Martha Skinner,.Socjal Services Director Date: Reviewed and~.~..~. ..~ / i t., ~ Approved by: '~.. --~ ~ ~" ~/'Zt~_ J~/,.~-~, Leo\E. Ochs, Jr., Pu~rvices Administrator / 0 7/01/01 Contract Number CCE 203.302.02 STANDARD CONTRACT AREA AGENCY ON AGING THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and Collier County Board of County CommissionersL hereinafter referred to as the "recipient". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, and its successor, incorporated herein by reference. The parties agree: Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. Ce Final Request for Payment: 1. The recipient must submit the final request for payment to the agency no later than September 15,2001; if the recipient fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. If the contract is terminated prior to the contract end date of September 30, 2002, then the recipient must submit the final request for payment to the agency no more than 45 days after the contract is terminated; if the recipient fails to do so, all right to payment ~s forfeited, and the agency will not honor any requests submitted after the aforesaid time period. II. The Agency Agrees: - Contract Amount: To pay for contracted services according to the 'conditions of Attachment I__ in an amount not to exceed $259,325, subject to the availability of funds. The agency's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations and consists of the following: SERVICES REIMBURSEMENT RATE Case Management $31.55 Transportation $15.62 1111 _ Agenda Item JUL 3 1 2001 07/01/01 Contract Number CCE 203.302.02 Lead Agency Reimbursement Maximum $96,099.00 Program Title Year Funding Source CSFA# Fund Amounts Community Care 2001 General Revenue/Tobacco Settlement 65010 $259,325.00 for the Elderly Trust Funds Lead Agency Community Care 2001 :General Revenue/Tobacco Settlement 65010 $381,338.00 for the Elderly Trust Funds Spending Authority TOTAL FUNDS CONTAINED IN THIS CONTRACT: $640.663.00 III. Recipient and Agency Mutually Agree: Ao Effective Date: 1. This contract shall begin on July 1, 2001 or on the date the contract has been signed by both parties, whichever is later. 2. Delivery of services shall end on June 30, 2002. This contract shall end on September 30, 2002. See Attachment I, Section III.D. Bo Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III. B. and Section III. C. of the Master Agreement. Co Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the agency for this contract is: Terry White, Executive Director Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 (941) 332-3596 fax 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this contact is: Martha Skinner, Project Director Collier County Board of County Commissioners Collier County Services for Seniors 3301 Tamiami Trail, East 2 Agenda Item JUL. 3 1 001 07/01/01 Contract Number CCE 203.302.02 Building H Naples, FL 34112 (941) 774-8443/(941 ) 774-3430 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. The name (recipient name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners Martha Skinner, Project Director Collier County Services for Seniors 3301 Tamiami Trail, East Building H Naples, FL 34112 IN WITNESS THEREOF, the parties hereto have caused this undersigned officials as duly authorized. RECIPIENT: Collier County Board of County Commissioners 11 page contract to be executed by their AGENCY: Area Agency On Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida, Inc. BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: SIGNED BY: NAME: James D. Carter, Ph.D, TITLE: Chairman NAME: TITLE: GINGER D. KOCH BOARD PRESIDENT DATE: June 30,2001 DATE: June 30,2001 FEDERAL ID NUMBER: 59-6000558 RECIPIENT FISCAL YEAR END DATE: September 30 Approved as to legal form and sufficiency:~-~--D Ramiro Manalich Chief Assistant County Attorney 07/01/01 Contract Number CCE 203.302.02 ATTACHMENT I COMMUNITY CARE FOR THE ELDERLY PROGRAM STATEMENT OF PURPOSE The Community Care for the Elderly (CCE) Program provides community-based services organized in a continuum of care to assist aged 60 + elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. II. SERVICES TO BE PROVIDED A. Services: The recipient's Service Provider Application for state fiscal year 2001, and any revisions thereto approved by the agency and located in the contract manager's file, are incorporated by reference in this contract between the agency and the recipient, and prescribe the services to be rendered by the recipient. Expenditures for case management, service coordination and case aide must not exceed ninety-five percent (95%) of the State Fiscal Year 2000/2001 expenditure level for these services or the agency's prorated share of the statewide legislative reduction whichever is the lessor amount. This reduction must not be applied to any .other service category. B. Manner of Service Provision: III. The services will be provided in a manner consistent with and described in the recipient's Service Provider Application for state fiscal year 2001 and the Department of Elder Affairs Client Services Manual dated 12/98. In the event the manual is revised, such revision will automatically be incorporated into the contract and the rec/pient will be given a copy of the revisions. METHOD OF PAYMENT Ae The method of payment in this contract includes cost reimbursement for administration costs and fixed rate for services. The recipient must ensure fixed rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The agency shall consolidate all requests for payment and expenditure reports that support requests for payment from recipients and shall submit to the Department of Elder Affairs on forms 106C and 105C. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller or the agency upon request. 4 Agenda Item JUL 3 I .?..001 07/01/01 Contract Number CCE 203.302.02 Ce The recipient, if eligible, may request a monthly advance for administration and service costs for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the agency, and maintained in the contract manager's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the Contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. Advance funds may be temporarily invested by the recipient in an insured interest beating account. All interest earned on contract fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the contract period. E. Contract Amendments: The recipient agrees to implement the distribution of funds as detailed in the Service Provider Application and the Budget Summary, ATTACHMENT III to this contract. Any changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. This contract is for services provided during the 2001/2002 State Fiscal year beginning July 1,2001 through June 30, 2002, however, the contract is in effect through September 30, 2002 in order to provide for maximization of resources and to allow for greater flexibility to pay for the services rendered by June 30, 2002. Services provided after June 30, 2002 cannot be reimbursed under this contract. o The recipient will submit a draft closeout report by August 15, 2002. Any contract amendments after August 15, 2002 determined necessary by the agency will be based on the draft closeout reports. The final expenditure report and request for payment will be due to the agency no later than September 15, 2002. No expenditure reports or requests for payment will be accepted after September 15, 2002. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. m Agenda Item_ I JU ,L. 3 lo 2001 07/01/01 Contract Number CCE 203.302.02 IV. SPECIAL PROVISIONS A. State Laws and Regulations: The recipient agrees to comply with Sections 430.201 through 430.207, Florida Statutes, including as amended for Fiscal Year 2001-2002, Section 430.204(1)(b) which states "in each county having a population over 2 million, the department shall fund, through each area agency on aging, more than one community care service system the primary purpose of which is the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based core services" and Section 430.205(1)(b) which states "in each county having a population over 2 million, the department, through the area agency on aging, shall fund in each planning and service area more than one community care service system that provides case management and other in-home and community services as needed to help elderly persons maintain independence and prevent or delay more costly institutional care." The recipient agrees to comply with applicable parts of Rule Chapter 58C-1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Client Services Manual dated 12/98. 3. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Abuse, Neglect and Exploitation: The recipient will ensure that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the agency or as established in accordance with agency contracts by local protocols developed betwee: t aeencv Agend& Item~ JUL 3 1 2001 Pg ,~ L 07/01/01 Contract Number CCE 203.302.02 service recipients and adult protective services. 2. Priority Criteria for Individuals in Nursing Homes in Receivership The recipient will ensure that pursuant to Section 400.126,(12), Florida Statute, those elderly persons determined through a CARES assessment to be a resident who could be cared for in a less restrictive setting or does not meet the criteria for skilled or intermediate care in a nursing home, the recipient will ensure the resident is referred for such care, as appropriate for the resident. Residents referred pursuant to this subsection shall be given primary consideration for receiving services under the Community Care for the Elderly program in a manner as persons classified to receive such services pursuant to Section 430.205, Florida Statute. 3. Priority Criteria for Service Delivery: a) b) c) d) e) individuals in nursing homes under medicaid who could be transferred to the community; individuals in nursing homes whose medicare coverage is exhausted and may be diverted to the community; individuals in nursing homes which are closing and can be discharged to the community; individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours; or, individuals who have been assessed and are pending enrollment in the Long Term Care Community Diversion Project. 4. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the Department of Elder Affairs' consumer assessment form administered to each applicant. The most frail individuals not prioritized in groups one, two or three above, regardless of referral source, will receive services to the extent funding is available. 5. Referrals for Medicaid Waiver Services: The recipient must identify,through the consumer assessment, potential Medicaid eligible CCE consumers and to refer these individuals to CARES and SSI related payments (if applicable) for approval for Medicaid Waiver services. Individuals who have been identified as potentially Medicaid Waiver eligible can c dv 1~ ,sqrved Agenda Item JUL :3 1. 2001 P~ .~ 07/01/01 Contract Number CCE 203.302.02 with agency contract funds only while pending Medicaid Waiver eligibility determination. C. Co-payment Collections: De The agency will ensure recipients establish annual co-payment goals. The agency also has the option to withhold a portion of the recipient's Request for Payment if goals are not met according to the agency's co-payment guidelines. Co-payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. 3. Co-payments collected in the CCE program must be used to expand services and can not be used as part of the local match. Match: The recipient will assure a match requirement of at least 10 percent of the cost for all Community Care for the Elderly services. The match will be made in the form of cash and/or inkind resources. At the end of the contract .period, all Community Care for the Elderly funds expended must be properly matched. E. Service Cost Reports: The agency will require recipients to submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 07/01/01 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Legend: Note # 1: Note # 2: Contract Number CCE 203.302.02 ATTACHMENT II COMMUNITY CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR Based On July Advance* August Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report/July Adv. Recon.**- June Expenditure Report/August Adv. Recon.** Draft Closeout Report Final Expenditure and Request for Payment Report Closeout Report Submit to Agency On This Date July 1 July 1 August 20 September 20 October 20 November 20 December 20 January 20 February 20 March 20 April 20 May 20 June 20 July 20 August 30 September 30 October 15 * Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the agency prior to July 1 or until the contract with the agency has been executed and a copy sent to the agency. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. The last two months of the recipi,, :~'s fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of' the contract. Agend& .~tem ~- JUL. 31 2001 07/01/01 Contract Number CCE 203.302.02 ATTACHMENT III COMMUNITY CARE FOR THE ELDERLY PROGRAM PSA 8 BUDGET SUMMARY Original X Amendment RECIPIENT AGENCY: Collier County Board of County Commissioners FOR COUNTY: COLLIER 1. Lead Agency Operations $ 96,099.00 2. Case Management / Case Aide $ 161,292.00 3. Transportation $ 1,934 4. Total $ 259,325.00 SPENDING AUTHORITY: Total Service Spending Authority $ 381,338.00 10 Agenda Ltem_~ JUL 3 1 ?0 1 Pg -~ 07/01/01 Contract Number CCE 203.302.02 Attestation Statement Amendment Number Original I, ~k~~ c~~ ~ f , attest that no changes or revisions (Recipient representative) have been made to the content of the above referenced contract or amendment between the Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (Recipient name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the contract content. Signaturb~.f Recipient representative Date (Revised Jan 2001) JUL 3 1 2OOl " EXECUTIVE SUMMARY APPROVE AWARD OF RFP 00-3168 FOR A CONCESSIONAIRE AT BAREFOOT BEACH Objective: To gain Board of County Commissioners approval to award RFP 00-3168 to Recreation Facilities of America Inc. for a beach rental and food concession at Barefoot Beach. Considerations: The Parks and Recreation Department, with the approval of the County Manager, submitted a Request for Proposals to operate a beach rental and food concession at Barefoot Beach. RFP#00-3168 was advertised on December 4, 2000 and seven proposal packages were requested by vendors. Three proposals were received by the due date of January 5, 2001. A selection committee reviewed the proposals, and by consensus, ranked the firms in the following order: 1. Recreation Facilities of America Inc. 2. Cabana Dan's 3. Magadalene Birk Staff has negotiated and reached agreemem with the top ranked fu'm, Recreation Facilities of America, Inc. Fiscal Impact: The final remittance to the County is 12% of gross or $500 per momh whichever is greater. This will generate a minimum of $6,000 per year. Recommendation: That the Board of County Commissioners award RFP 00-3168 to Recreational Facilities of America, Inc. and authorize the Chairman to sign a standard, County Attorney approved contract..~ /2 // Prepared by: M~.~ ~r~ith, Beac~ and Water Superintendent Department of Parks anj~Recreation Reviewed by::M:~~e~y, Dtre~c~t~r~/? Department of Parks and Recreation Reviewed by: : .~IX ~,, ~_~//~ Steve Cat'ell, Di}ector Purchasing Department Approved by:' C~ ~~ Leo Ochs, Administrator Public Services Administration EXECUTIVE SUMMARY REQUEST BY HENRY BREHM, REPRESENTING NET ASSETS, TO CONSTRUCT A TOURNAMENT FACILITY AND USE VINEYARDS COMMUNITY PARK TO HOST THE NUVEEN CHAMPIONS TOURNAMENT. Objective: For the Board of County Commissioners to make a determination to allow the Nuveen Champions Tennis Tournament to take place at Vineyards Community Park, and direct staff to develop an agreement of understanding with the petitioner. Consideration: The petitioner has requested to present to the Board of County Commissioners a request for funding to construct a tennis tournament facility at Vineyards Community Park, and to allow Net Assets to host the Nuveen Masters Tennis Tournament. Staff has meet with Mr. Brehm on the idea and has a few concerns with the proposal. First, the construction of the requested facilities are not in the Parks and Recreation Departments five year capital plan, and funding the project out of impact fees will adversely affect other planned projects. Second, under the County's adopted Parks and Recreation Fee Policy, non-governmental agencies may not charge an entrance fee into public facilities without a percentage split on gate receipts. And third, staff is concerned with the disruption of other park programs and users of the park for a full week or two during the setup and running of the tournament. In addition, Mr. Brehm has indicated that Net Assets would like the ability to serve alcohol at the tournament. Staff has advised Mr. Brehm that Park ordinance 76- 48 as amended prohibits Alcohol in the park and only the Board can amend the ordinance through a resolution. Staff suggests that the County should not change the growth related 5 year capital plan and therefore the requested ~'~',~nding for the construction of two tennis courts, estimated by Net Assets at $104,000 without permanent stadium eating, should be paid for by Net Assets. To lessen the fiscal impact to Net Assets, the Board may wish to use a commercial paper loan with Net Assets reimbursing the County through a lease agreement for the loan payments. Growth Management: If constructed the facilities would be inventoried within the growth management plan. Fiscal Impact: None at this time. Recommendation: That the Board of County Commissioners hear the petitioners request and direct staff to negotiate a lease agreement with the petitioner that will include all capital expenditures to be paid by Net Assets. · ereparedby: ~/____/~/ ,~~~~ Date: /a~nes'Fitz~k, C~perations Manager Department of Parks and Recreation Approved by: -l~a~r.la' Ramsey, Director`' / Department of Parks and RecreatiOn Reviewed and ~~ Approved by: ---~ Leo~chs]'Jr., Ad ' 'str / Division of P~ Agenda Item UL. 3 I 2001 [..__ro ........ / __ NUVEEN CHAMPIONS PROPOSAI~ FOR VINYARDS PARK EXECUTIVE SUMMARY Submitted by: Henry Brehm Nuveen Champions 900 West Valley Road Suite 600 Wayne, PA 19087 (610) 971-9900 x104 (610) 246-1112-mobile 1250 Tamiami Trail North Suite 307 "' Naples, FL 31~jA~end'~ ISem UL 3 1 OVERVIEW Net Assets, owner and producer of the Nuveen Champions, proposes to relocate the Tournament to Vinyards Park beginning in March, 2002. The Tournament has been in Naples since 1995 and has historically taken place at area country club developments. With the growth throughout Collier County, it is necessary to secure a new home for the Tournament to stay in the County long-term. Naples is in good company with Tour events in New York, Chicago, Paris, London, Hong Kong, Geneva, etc. BENEFITS FOR COLLIER COUNTY · National and International Television Exposure · Economic Impact (hotels, restaurants, vendors, etc.) Free Kids Clinic · Special Population Program · Entertainment/Quality of Life TERM Five (5) years with option for additional five (5) years. CHARITIES Net Assets will select one (1) or more charities to benefit from various event elements. OWNERSHIP STRUCTURE Net Assets, LLC owns the Champions Tour and the Nuveen Champions. Quintus, Inc., a Net Assets member, manages the Tour and the Naples event for Net Assets. NET ASSETS' RESPONSIBILITIES Net Assets is responsible for all aspects of the event including marketing, television, sales, operations, security, parking, etc. COLIER COUNTY PARKS & RECREATION Parks and Recreation will provide the space necessary to build one-two new permm ~nt tennis courts and adequate space for the temporary Tournament Village, tents, restrooms, parking. ISSUES · Due to the substantial investment and expense to produce the event, we request a waver to the rule that requires a 70%-30% division of gate receipts. We understand that alcohol is prohibited in the Park. We request that alcohol be permitted in the private hospitality tents only. Net Assets will prohibit alcohol being removed from these private areas and will not permit public sale of alcoholic products. PERMANENT IMPROVEMENTS Step I 2002: Net Assets proposes to build one-two (subject to Parks and Recreation approval) new tennis courts at Vinyards Park with professional quality lighting and fencing. There is adequate space with no disruption of current activity. The lighting will be positioned to adequately light the courts for recreational use and for the Tournament. Step II 2003 (optional): Build risers for 500 permanent seats that can be utilized for multiple events including tennis tournaments, concerts, and volleyball. OPPORTUNITIES In addition to the Nuveen Champions, there are other opportunities to secure events for Vinyards Park. Although these other events most likely will not draw the attendance the Nuveen Champions attracts, they may take place during the off season. We have had substantial discussions with the United States Tennis Association (USTA) and are confident they will hold one-two Futures Tournaments per year in Naples if an appropriate facility is available. Many of these tournaments will fill 150-300 hotel rooms for several nights that can be scheduled between May and November. The 500 seat stadium can be built to accommodate concerts and volleyball with temporary expansion possibilities. FINANCIAL The Tournament cost Net Assets approximately $1,100,000 each year to produce. With limited corporate sponsorship available in Collier County, much of the money must be rased outside of the county. Net Assets will continue to take the financial risk. Relocating the Tournament to Vinyards Park will require incremental costs to build a temporary infrastructure necessary for the tournament' s success. We believe that for the future of the Tournament, finding a long-term home at Vinyards Park is a prudent investment. Over the years, we have averaged in excess of $500,000 in regional (Florida) ticket sally: w.~il,nd'' I te~ propose to contribute to Parks and Recreation or another county designated fund according t~l~l~~ following scale for each tournament: / J U L '3-1, ¢01Ji $0 - $500,000 (0% to Parks and Recreation) $500,001 - $600,000 (20% on $100,000 to Parks and Recreation) $600,001-$700,000 (30% on $100,000 to Parks and Recreation) $700,001 + above (35% on ticket sales exceeding $700,001 to Parks and Recreation) Percentages will be calculated net of sales tax. We propose that the County fund the permanent improvements as follows: 2002: $104,000 for two courts, lighting, and fencing OR $71,000 for one court, lighting and fencing Net Assets will contribute $10,000 per year toward lighting and court costs. 2003 (optional): $250,000 for permanent seating. TDC funding may be applicable here as the permanent seating will be available for events in the off season. Net Assets will contribute $7,500 per year for permanent seating. NEXT STEPS Net Assets formally requests that the Board of County Commissioner approve Vinyards Park as the site for the Nuveen Champions with the following contingencies: · Parks and Recreation Advisory Board Endorsement. ,, Permanent improvement plan subject to Parks and Recreation staff approval. · Operations plan subject to Parks and Recreation staff approval. With County approval, we can then move forward to secure additional events in the off-season and implement the most practical plan for long-term park improvement. 4 Agenda Item JUL 3 EXECUTIVE SUMMARY APPROVE AN AGREEMENT FOR SALE AND PURCHASE TO ACQUIRE PROPERTY AND BUILDING LOCATED AT 2373 HORSESHOE DRIVE SOUTH OBJECTIVE: Staff is requesting approval and execution of the attached Agreement for Sale and Purchase (Agreement) with Heritage Square Real Estate, L.L.C., to purchase the improved property located at 2373 Horseshoe Drive South, East Naples Industrial Park (Property). CONSIDERATION: The County has leased the above-referenced Property for use by the Sheriff's Office since November 28, 2000. The property contains a total of 3.89 acres and a 35,000 square foot single-story building. Them are 210 designated parking spaces, including loading spaces and designated handicapped parking. The southerly 1.87 acres is undeveloped and can be used for future building expansion. The Lease Agreement gives the County the option to purchase the Property, and at its' May 22, 2001, meeting, the Board of County Commissioners authorized staff to proceed with negotiations to exercise the option. The purchase price is $4,900,000 and it was demonstrated to the Board that a purchase with the County securing a commercial loan at five-percent interest for the full amount, the County would realize a $2.9 million savings when compared to the cost of renting for 15 years. In addition, at such time the property is no longer required for County purposes, the property can be sold with the County having the potential of recapping its' total investment. Pursuant to Florida Statute 253.025(6)(b), the County must obtain two (2) appraisals on the site prior to its' purchase. Accordingly, two appraisals were obtained, one from Appraisal Research Corporation of Naples and the other from Coastal Appraisal Services valuing the property at $4,960,000 and $5,000,000, respectively. The County's Natural Resources Department and Pollution Control Department have inspected the property and advised that there are no environmental concerns. Facilities Management has also performed inspections and found the building and property to be in "good condition." The inspection report did indicate, however, that major repairs and extensive cleaning are required to the air-conditioning chiller and air-handling systems to insure a high level of indoor air quality. In addition, the lighting systems are due for ballast and fixture replacements. The structure of the building is sound but requires painting, carpet replacement, hurricane shutter repairs and fire sprinkler alarm upgrades. The cost of these items is estimated at $350,000. In order to purchase the property for the $4,900,000 price, the County is required to close on or before July 31, 2001. If the County is unable to close on the 31st, the purchase price will increase $20,500 monthly until closed. FISCAL IMPACT: There are no funds specifically budgeted for the purchase of this building. The purchase price of the building is $4,900,000 plus an estimated $20,000 in closing costs. Funds for this purchase will be made available from a Commercial Paper loan. There are monthly inter_est payments on a loan of this type. Estimated interest payments for the balance of FY 01 (2 months) is $42,000. The loan amount included this additional interest expense. No.. / JUL 3 1 OOl Pg._,, The estimated FY 02 debt service associated on a $5,000,000 Commercial Paper loan with a fifteen (15) year amortization is $586,900. In the FY 02 budget, there are funds budgeted in the General Fund (BCC paid for Sheriff cost center) for office space rental for Sheriff's employees. The Commercial Paper program provides flexibility in term of repayment. The funds budgeted for the rent payments will simply be used instead to fund the entire annual principal and interest payments on the Comm6rcial Paper loan. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchase; 2. Authorize the Chairman to execute the Agreement; 3. Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (once approved by the County Attorney's Office) necessary to obtain clear title to the property; and 4. Approve a Resolution authorizing the borrowing of $5,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission, and 5.' Approve all necessary budget amendments, and 6. Amend the FY 02 budget to reflect the debt service associated with this building purchase. PREPARED By:~'r..2.~ &(,._ /"~," /~ 0 C~ ' l~Iichael H. Dowling, Senior~,~e~alist ~,~ Real Property Management De~Ertment Toni Mott, Supervisor Property Mfg~agement Depl rtment C~;les 1~ Carri~gton, Jr., SR' 'A, Director Real Property Management D~ ,artment APPROVED BY: ~,g~ .~,,A'"'~ ~ J o~X]~coe-Leart~f, A dmini strator Support Services Div~ion DATE: '2-'O~. a/ AGENDA ITEM J U L 3 1 2001 pc. AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Heritage Square Real Estate, L.L.C, a Florida Limited Liability Company, hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser has elected to exercise its Option to Purchase the Property for the sum of $4,900,000.00, pursuant to the terms and conditions of Article 16 of that certain Lease for Tenancy executed by the Purchaser and Seller on April 12, 2001; WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller all of the Property, both real and personal, located at 2373 Horseshoe Drive, Naples, Florida, and more particularly described as follows (hereinafter all property and items listed in Subsections 1.01(a) through 1.01(c), inclusive, are collectively referred to as the "Property"): (a) That certain tract of property more particularly described as Lots 14 and 15, East Naples Industrial Park, and as shown on Exhibit "A," attached hereto and made part hereof, together with all rights, privileges, tenements, hereditaments and appurtenances pertaining thereto (the "Land"); the Land shall also be deemed to include all interest, if any, of Seller in (i) strips or gores, if any, between the I_and and abutting properties, (ii) any land lying in or under the bed of any street, alley, mad or right-of-way, opened or proposed, abutting or adjacent to the specifically described Land; and (iii) all buildings, structures and other improvements, including without limitation all fixtures and landscaping, now or hereafter situated upon the Land; Co) All of Seller's right, title and interest in and to all site plans, surveys, soil and substrata studies, plans and specifications, engineering plans and studies and other plans, diagrams or studies of any kind, of any which relate to the Land or the Property; and (c) All other privileges, easements, rights-of-way, riparian, littoral and water fights, and all other rights, privileges and appurtenances owned by Seller and in any way related to, pertaining to or accruing to the benefit of the Property. AGENDA iTE~ JUL 3 ! 200! II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Four Million Nine Hundred Thousand Dollars ($4,900,000.00, U.S. Currency). 2.011 Funds due at closing shall be determined after application of Purchaser's option fee in the amount of $50,000.00 towards the Purchase Price, and application of any remaining balance of the advance annual rent proceeds, which rent proceeds were paid by Purchaser in accordance with Section 5.02 of the Lease for Tenancy in the sum of $455,000.00, after appropriate deductions for any costs, expenses or additional rent due the Seller (Landlord) from Purchaser (Tenant) pursuant to terms of the Lease for Tenancy through the date of Closing and the deduction, if elected by Seller, provided in Section 2.012 below. 2.012 The additional purchase deposit of $150,000.00, provided by Article 16.01(c) of the Lease for Tenancy, may be deducted by Seller (Landlord) from the unapplied advance rent paid by Purchaser (Tenant) pursuant to Section 5.02, upon execution of this Purchase Agreement. In the event Seller elects to deduct the $150,000.00 from advance rent, Purchaser shall be entitled to a credit in the amount of $150,000.00 towards the Purchase Price at closing. 121I. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on July 31, 2001, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. Michael Dowling of the Real Property Management Department shall act as escrow agent for purposes of this Closing. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller 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 Florida Bar and in accordance with law. At or before the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 Such evidence of authority and capacity to Seller and its representatives to execute and deliver this Agreement and such other documents as may be required to consummate the transaction contemplated hereunder as Purchaser's counsel and/or the to Title Company may reasonably determine. 3.0116 A list of all costs, expenses and additional rent due Seller under the terms of the Lease for Tenancy, including any estimates of costs as of the date of Closing. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: AGENDA ITEM Jl/L 3 ! 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the dee& 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article 1I hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Flor/da Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated as of April 1, 2001 based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. Purchaser shall be responsible for real property taxes from April 1, 2001 through the date of Closing. Seller shall be responsible for real property taxes from January 1, 2001 through March 31, 2001. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 3.04 Purchaser shall pay all costs, expenses and additional rent due as of the date of Closing pursuant to the terms of the Lease for Tenancy, as determined after receipt of these costs from Seller pursuant to the terms of this Agreement. Payment for all estimated costs shall be held in escrow until such time as these mounts become determined or otherwise agreed upon by the Seller and Purchaser. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 On or before July 20, 2001, Seller shall provide as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have three (3) calendar days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to ti/lc other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. AGENDA ITEM JUL Pg.. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's tire in the manner herein required by this Agreement, the tire shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have six (6) calendar days to remedy any defects in order to convey good and marketable rifle, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In thc event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within forty-eight (48) hours after expiration of said six (6) day period, may accept title as it then is, waiving any objection; or Purchaser may grant the Seller a reasonable extension of time; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of thc Property, if any, to Purchaser at the same time as the title commitment is delivered to Purchaser pursuant to 4.011 above. 4.014 Seller shall provide Purchaser with a list of all costs and expenses, or additional rent, due and payable to Seller pursuant to the terms of the Lease for Tenancy and as of the date of Closing. To the extent that these costs have not been determined prior to Closing, Seller shall provide Purchaser with a reasonable estimate of the mount of said costs. V. APPRAISAL PERIOD 5.01 Purchaser has satisfactorily obtained two (2) independent appraisals as required pursuant to Florida Statutes s. 125.355 in order to determine the value of the Property. VI. INSPECTION PERIOD 6.01 Purchaser shall have ten (10) days from the date of this Agreement ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property and shall bear the cost of any title commitment obtained. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to continued possession of the Property pursuant to the terms of its Lease for Tenancy. IX. PRORATIONS AGENDA ITEM No. I ~,~'/ JUL 3] 2001 pg.. F,, 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2001 taxes as follows. Seller shall be responsible for taxes for January, February and March 2001, and Buyer shall be responsible for taxes beginning April 2001 and up to Closing. AGENDA ITEM JUL 3.1- pg. 2001 X. TERMINATION AND RElVIEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within three (3) days of written notification of such failure, Purchaser may, at its option, (a) extend this Agreement for an additional thirty (30) days by giving written notice of such extension to Seller, or (b) terminate this Agreement by giving written notice to Seller. Pumhaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. Under no circumstances shall termination of this Agreement by Purchaser constitute a termination of the existing Lease for Tenancy or a rescission of Purchaser's option to purchase. In the event Purchaser agrees to extend the closing date an additional thirty (30) days, due to Seller's inability to perform the covenants and/or agreements contained in this Agreement, the parties agree that Purchaser shall not be subject to any increase in purchase price pursuant to 16.01(a) of the Lease for Tenancy agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's remedy, Seller shall have the right to (1) extend this Agreement for an additional thirty (30) days or (2) to terminate and cancel this Agreement by giving written notice thereof to Purchaser. Upon termination of this Agreement by Seller, Seller's sole and exclusive remedy shall be payment of those costs, exclusive of attorney's fees, incurred by virtue of Seller's performance under the provisions of this Agreement, and neither party shall have any further liability or obligation to the other as a result of this Agreement. The parties acknowledge and agree that Seller's only damages in the event of Purchaser's default are the actual costs it incurs, it being understood by the part/es that termination of this Agreement shall not affect the current contractual relationship between the parties as Landlord and Tenant. 10.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be tree on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if AGENDA ITEM No. JUL 3 1 2001 PC .... ,P ..... continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; ail waste, ff any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or cailing attention to the need for any work, repairs, construction, aiterations or instailation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposais therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmentai investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on thc effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting thc Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmentai ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was mended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of rifle. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation of successful transmission. All notices, whether by mail or facsimile shall be addressed as follows: If to Purchaser. Michael Dowling Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: If to Seller: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Joseph Magdalener 540 Inlet Drive Marco Island, Florida 34146 With a copy to: Wilham Morris, Esq. 247 North Collier Boulevard Suite 202 Marco Island, Florida 34146 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. AGEND'A~ No../~ ~'.,/ JUL 3 1 2001 Pg. ? .... AGENDA ITEM No. / ~' JUL 3 1 2001 XIII. REAL ESTATE BROKERS 13.01 Any and ail brokerage commissions or fees shall be the sole responsibihty of the Seller. Seller shail indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, saiesman or representative, in connection with this Agreement. Seller agrees to pay any and ail commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shail be effective as of the date this Agreement is executed by both parties and shail 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. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shail be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shail be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shail not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement fails on a Saturday, Sunday or legal holiday, then the date to which such reference is made shail be extended to the next succeeding business day. The term "day" as used herein refers to a calendar day, not business day. 14.08 Seller is aware of 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. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 Property held in such capacity is conveyed to Collier County. (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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. ~V. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl J.mR COUNTY, FLORIDA , Deputy Clerk BY: JAM~ D. CARTER, Ph.D., Chairman AS TO SKI J.lqR: DATED: BY: ,(SEW) JOSEF MAGDALENER, MEMBER 8,: MANAGER Address City, State, and Zip Code BY: LOUISA MAN^OER .(sE~) MAGDAI-RNER, MEMBER Address City, State, and Zip Code THE FOREGOING AGREEMENT FOR SALE AND PURCHASE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,2001, BY JOSEF MAGDALENER, AS MEMBER AND MANAGER OF HERITAGE SQUARE REAL ESTATE, gL.C. WHO tS PERSONALLY KNOW TO ME OR WHO HAS PRODUCED (TYPE OF IDENTIFICATION) AS IDENTI/-1CATION. (AFFIX NOTARIAL SEAL) SIGNATURE OF NOTARY PUBLIC (PRINT NAME OF NOTARY PUBLIC) NOTARY PUBLIC SERIAJJCoIvlMtsSION # (IF ANY), MY COMMISSION EXPIRES: THE FOREGOING AGREEMENT FOR SALE AND PURCI-La, SE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,2001, BY LOUISA MAGDALENER, AS MEMBER AND MANGER OF HERIYAGE SQUARE REAL ESTATE, L.L.C., WHO tS PERSONALLY KNOW TO lVIE OR WHO HAS PRODUCED (TYPE OF IDENTIPICATION) AS IDEN fwlCATION. (arnx $o~>auAL sm) SIONATURB OF NOTARY PUBLIC AGENDA ITEM No.,_./_/~_~. JUL 3 ! 001 Pg._ // (PRINT NAlV[E OF NOTARY PUBLIC) NOTARY PUBLIC SERIAL/COMMISSION # (IF ANY). MY COMMISSION EXPIRES: BY: .(SEAL) BY: .(SEAL) otto SCHMALZ, MEMBER & MANAGER AMANDA SCHMALZ, MEMBER & MANAGER Address City, State, and Zip Code Address City, State and Zip Code THE FOREGOING AGREEMENT FOR SALE AND PURCHASE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2001, BY OTFO SCHMALZ, AS MEMBER AND MANAGER OF }~RITAOE SQUARE REAL ESTATE, L.L.C., WHO IS PERSONALLY KNOW TO ME OR WHO HAS PRODUCED .(TYPE OF IDENTIFICATION) AS IDENTIFICATION. (AFFIX NOTARIAL SEAL) SIGNATURE OF NOTARY PUBLIC (laI{INT NAME OF NOTARY PUBLIC) NOTARY PUBLIC SERIAL/COMMISSION # (IF ANY) MY COMMISSION EXPIRES:. THE FOREGOING AGREEMENT FOR SALE AND PURCHASE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2001, BY AMANDA SCHMALZ, AS MEMBER AND MANGER OF HERITAGE SQUARE REAL ESTATE, L.L.C., WHO IS PERSONALLY KNOW TO ME OR WHO HAS PRODUCED (TYPE OF IDENTIFICATION) AS IDENTIFICATION. (AFFIX NOTARIAL SEAL) SIONATURE OF NOTARY PUBLIC (PRINT NAME OF NOTARY PUBLIC) NOTARY PUBLIC SERIAL/COMMISSION # (I1: ANY) MY COMMISSION EXPIRF_~: Approved as to form and legal sufficiency: Ellen T. Chadwell~-~tQ Assistant County Affomey 10 AGENDA"ITEM No._/~ ,,~',/ _ JUL 3 ! 2001 P~ EXHIBIT "A" 2373 Horseshoe Drive Naples, Florida ~nrH i~qs~aE LOts 14 and 15, East Naples Indusrial Park Subject AGENDA ITEM No. i~/ J U L 3 1 2001 Pg.__ /.3 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $5,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT B~ THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION OF A CERTAIN BUILDING AND CONTIGUOUS PROPERTY LOCATED WYYH/N THE COUNTY; AUTHORIZING THE EXECUrlON OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET. ~AND APPROPRIATE LEGAI,!,Y AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGRRRMENT; AUTHORIZING THE EXECUTION AND DFI,FVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFE~ DATE. BE IT RESOLVED BY THI*~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meming or inteiX, the following words and terms as used ia this Resol~on shall have the following mean/ngs. Capimliz~ roms not defined herein shall have the meanings ascnt~d thereto in the hereina~ defined Loan "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the' County pumaant to · Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement "Board" means the Board of Coumy Commissioners of the Cotmty. · " Chairman" means the Chairman or Vice Chairman ofthe Board, and such other pemon as may be duly authofiz~ to act on his or her ~ AGENDA ITEM No. /_/~ ~&'"/ JUL 3 1 2001 __ "C ler k" means the Clerk of the Circuit Court for the County, ex-o~cio Clenk of the Board, and such other pemon as may be duly authorized to act on his or her behalf.. "Commission" means the Florida Local Government Finance Commmion, and any assigns or "County" means Collier County, Florida; a political sutxti~on of the State of Florich "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf.' "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes ofpaymem of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) flae proceeds of the Loan pending the application thereof. "Draw Date" has the meaning set forth in the Loan Agreement '[Finance Director" meam the Director of Finance and Accounting and such other person as may be duly atahorized to act on his or her behalf. "Loan No. A-19-1" means the Loan designated as '%oan No. A-19-1" the proceeds of which are to be used to finance Project A-19. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the tenm of this Resolution and of the Loan Agreement "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and "Loan Rate" has ~ meaning set fomh m the Loan~ "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amoums payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by ~ County pummm to the provisions of the Loan Agreement. "Non-Ad Valo rem Revenues" means all legally available revenues oflhe County derived from any source whatsoever other than ad valorem taxation on real and pemo~ property, which are le~lly available to make the Loan Repaymems required in the Loan Agreement, but only atter provision has been made by the County for the payment of services and programs which are for essential public purposes AGENDA IT"~ No.,, £/__ JUL 3 1 2001 affeO/ng the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled CommercialPaperLoanProgramestablishedbythe Commissior~ "Project A-19" means the costs and expenses relating to the acquim'tion of m approximately 35,000 sq. fi- building located at 2373 Horseshoe Drive East, Naples, Florida, and property coritiguous thereto, to be used for general government purposes, as the same may be amended or moditied from time "Public Agency Moneys', shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenaes pursuant to the Count3/s covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. ' "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Con~rfissiorz this Resolution; the term '~eretofore" shall mean before the date of adoption oflhis Resoh~on; and the tea:rn "herca.O~' shall mean after the date of adoption of this Resolution. Words knpormg the masculine gender include every other gender. Words importing ~ singular raan~ include the plural number, and vice versa. SECTION 2. AUTHO~ FOR RESOLUTION. This Resoi~on is adopted pmmant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, detlmnined and declared that (A) The Commimonhas been established forflae ta/m-ipal pmlx~ ofissuing ~emal paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance ard refinance the cost of acquiring, com~ and equipping capital improvements and to finance and refinance other governmental needs. 0B) In funherance of the fo~oir~ the Commission shall issue, fix)m time to 1/me, commercial paper notes to be known as '~Florida Local Government Finance Commism'on Pooled Commerdal Paper 3 AGENOA ITEM No._Jb ~¢'/ J U L 3 1 7.081 .pg._ /~ Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, incl. cting the County. (C) Pursuant to the authority of the Act, the C°mmim'on has agreed to loan, from time to time, to the County such amounts as shall be atmhofized herein and in flue Loan Agreement in order to enable the County to fimnce, reimburse or refirmce the cost of acquisition, commmon and equipping of capital mpmvemem. (12)) There is presently a need by the county to finance Project A- 19 and the most cost-effective means by which to finance Pmjec~ A-19 is by the use of moneys obtained pumuant to the Program by means of the Loan. (E) The County hereby detemaines that the pr°vis/on offunds bY the Conanimon to flae Coumy inthe form of Loan No. A-19-1 pumu~ to the tenns of the Ix)an Agreement and the financing of Project A-19 will assist in the develepment and rna/ntenance of the public welfare ofthe residents of the Courly, and shall serve a public propose by improving flue health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development Of such (G) LoanNo. A-19-1 shail be repaid solely from the Designated Revenues. Such Designated Revenues shall incl.& moneys derived firrn a covenant to budget and appropriate legally available Non- Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or a~_n~horized to make the Loan Repayments. (H) Due to the potential volatility ofthe market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A~lg-1, the complexity ofthe transactions relat/ng to such Note or Notes and the uniqueness of the Program, it is in the best interest ofthe County to deliver the Note or Notes to the Commission pursuant to the Program by a nego~ated sale pursuant to Section 218.385(1), Florida StBintes, allowing the CouIx*y tO ~m]ive the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby pen, nitting the County to obtain the best possble price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves ofLoanNo. A-19-1 in the aggregate amount ofnot exceeding $5,000,000 for the propose ofproviding the County with sufficient funds to finanm Project A-19. The Chairman and the Clerk are hereby authoriz~ to execute, seal and deliver on behalf of the County a Loan Note or Notes with respect to Loan No. A-19-1 and other documents, instruments, agreements and cer'dfimtes necessary or desirable to effectuate Loan No. A- 19-1 as provided in the Loan Agreement_ The Loan Note or Notes with respect to Loan No. A-19-1 shall reflect the terms of such Loan and shall be substantially in the form a~ehed to the Loan Agreement as Exh~ L The Finance Director shall make the Draw Request or Requests with respect to Loan No. A- 19- 4 1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finame Director as appropriate to finance Project A- 19 and/s permitted by the Loan Agreement. Loan No. A- l 9-1 shall mature in accordance with the provisions descn'bed in Schedule I attached hereto or in such other amounts and at such other times as the Finance Director may determine. Loan No. A- 19-1 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County ftmher agrees t~ make all Loan Repayments required of it pumuant to the terms of the Loan Agreement The Letter of Credit fees for Loan No. A-19-1 shall be 30 basis points or such other amoufit as Fimt Union National Bank and the Finance Director shall agree. ' SECTION 5. ALrrltORIZATION OF PROJECT A-19. The County does hereby authorize the acquisition and co .re'rotation of Project A-19. SECTION 6. SECURITY FOR TItE LOAN. The County's obligation to repay LoanNo. A-19-1 will be sectaed by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreemmt The obli~fion of the County to repay Loan No. A- 19-1 shall not be deemed a pledge of the faith and credit or laxing power of the County and such obligation shall not ctmm a lien on any protxxty whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The membem of the Board and the ofticem, attom~ and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or comistmt with the teqtmmnents of this Resolution and the Loan Agem~ for lhe full pm~! and complete perfonmtr, e ofall the tmzns, covenants and ~ts contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instmmmts and to do and cause to be done any and all acts and things necessary or proper for carrying out the Wansacfions conlmrtplated by this Resolution and the Loan Agreemmat SECTION 8. SEVERABILITY. If any one or more of the covenants, agreernonts or provisiom herein contained shall be held conWary to any express provision of law or contrary to the policy · ofexpress law, though not expressly prohibited, or against public policy, or shall for any reason whatqcever be held invalid, then such covenants, agreements or provisions shall be rmll and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions Nxeof SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. Allresolutions orparts thereof in conflict herewith are hereby superseded and repealed to the exlent of such conflict. AGENDA Ir'EM No.~~ -- J U L 3 1 SECTION 10. its adopt/or~ DULY ADOPTED this (SEAL) ATTEST: EFFECTIVE DATE. This Resolution shall take effect immediatelyupon day of ,2001. BOARD OF COUNTY COMMISSIONERS OF COLLIEI~, COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICYEN~: AGENDA ITEM JUL 3 1 20011 Pg. /7 SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of Loan No. A-19-i shall be rq:~id as follows: December 3, 2002 December 2, 2003 December 7, 2004. December 6, 2005 $ 330,000 330,000 330,000 4,010,000 Interest on the Loan shall be paid monltfly in accordance with the temm and provisions of the Loan Agreen'mm Additional Payments shall also be made in accordance with the Loan ~~t. AGENDA ITEM No._?~ JUL 31 2001 pg., EXECUTIVE SUMMARY TO RE-APPROPRIATE $50,000 PREVIOUSLY APPROVED IN FISCAL YEAR 2000 FROM THE GAC LAND TRUST TO PURCHASE FITNESS EQUIPMENT FOR THE NEW COMMUNITY CENTER AT MAX A. HASSE COMMUNITY PARK OBJECTIVE: To approve a budget amendment that will re-appropriate $50,000 to purchase fitness equipment for the new Community Center at the Max A. Hasse Community Park. CONSIDERATION: On May 9, 2000, the Board of County Commissioners approved Agenda Item 16(c)(4) for a budget amendment associated with this project, but since the funds were never expended, the appropriation lapsed. Therefore, it is necessary to re- appropriate these funds for the current fiscal year. FISCAL IMPACT: The Fifty Thousand Dollars ($50,000) is available in Fund 605, GAC Land Trust Reserves. GROWTH MANAGE~NT IMPACT: This is consistent with the County's long- range planning effort. RECOMMENDATION: That the Board of County Commissioners approve a Budget Amendment Request authorizing the re-appropriation of $50,000 from the GAC L~ ToI't~"A~. l~ott,'S~erv~sor - -- REVIEWED BY: APPROVED BY: Date: /.jPro, perty ~ Sagement Denartment Real Prope~y Management'Dep~ment -~o-Anhe Vardoe-Leamer, Administrator Support Services Administrator AGENDA ITEM J JUL 3 1 2001 EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND RICHARD B. LANSDALE FOR SPACE OCCUPIED BY THE SHERIFF'S OFFICE OBJECTIVE: Approval and execution of a Lease Agreement between Collier County and Richard B. Lansdale for space occupied by the Sheriff's Office. CONSIDERATIONS: The Sheriff's Office has been using the building located at 3123 Terrace Avenue, Naples, Florida, since 1995 for its' crime lab and SWAT team operations. The building contains approximately 5,000 square feet and includes offices, training rooms, locker rooms and a loading dock. There is also a 5,000 square foot fenced-in area used for open-air storage of vehicles and equipment. The existing Lease Agreement will terminate on July 31, 2001, and the Sherrif£s Office has requested that it be renewed for an additional three-year period. The attached three- year Lease Agreement can be terminated at anytime after the first year by providing written notice to the landord. Rent for the first year is $35,000, payable in monthly installments of $2,916.67, and reflects fair-market rent for this type of property within the area. For the second and third years, the rent will be adjusted based upon the Consumer Price Index. The County is also required to pay for all utilities, including electricity, water, sewer and telephone service. The terms and language contained in the Lease Agreement have been reviewed and approved by the County Attorney's Office and are standard in nature and appear in all County Lease Agreements. FISCAL IMPACT: The first year's annual rent of $35,000 (thereafter, the annual rent will be adjusted based upon the Consumer Price Index) and the approximate annual utilities cost of $12,000 will be paid out of the General Fund (001), Paid by the Board- Sheriff' s Expenditures (061010). GROWTH MANAGEMENT IMPACT:. There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners appr, Agreement with Richard B. Lansdale and authorize its' Chairman to execute the l sameP, GENDA ITEM J U L 3 I ?.001 (~/Mi~hael Dowling, Seniot/~pe~l)st Real Property Managem~ent ronl~. M~tt, 'SuperVisor Real Property Management Department. REVIEWED Ch'a~I~s t~ Carrington, Jr., ~i~WA, !Director Real Property Management Department. BY' ' 'C J-~Z~ REVIEWED Gary Young, Adm~n~ant Collier County Sheriff's Department APPROVED BY: .k~~ G~, ~ Jo-AnrTe ~rarcoeYLeamer, A~rninistrator Support Services Division Date: Date: q"~ ~"~l ~"(/ff~.Date: '"7 Date: "]'lq'o/ AGENDA ITEM JUL 3-1 2001 EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND ALAN AND PATRICIA BOOLE FOR SPACE TO EXPAND THE SHERIFF'S OFFICE VEHICLE MAINTENANCE FACILITY OBJECTIVE: Approval and execution of a Lease Agreement between Collier County and Alan and Patricia Boole for space to expand the Sheriff's Office vehicle maintenance facility. CONSIDERATIONS: The Sheriff's Office needs to expand its' vehicle maintenance facility located at 3573 Arnold Avenue and is requesting to lease the adjoining property for that purpose. The property is improved and contains 1,640 square feet of office space and 2,520 square feet of garage space. The Lease is for one year, with the County having the option to extend for 30 additional months. The term coinsides with the lease for the existing facility. The rent for the first year of the Lease is $25,200, payable in monthly installments of $2,100, and reflects market rent for this type property in the area. Rent during the extension periods shall be increased by three percent above the preceeding year's rent. The County is also required to pay for all utilites including electricity, water, sewer and telephone service. The terms and language contained in the Lease have been reviewed and approved by the County Attorney's Office and are standard in nature and appear in all County Lease Agreements. FISCAL IMPACT: The annual rent of $25,200 and the anticipated annual utility charges of $12,000 will be paid out of the General Fund (001), under Paid by the Board - Sheriff' s Expenditures (061010). GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Alan and Patricia Boole and authorize its' Chairman to execute same. AGENDA ITEM No..../(:, £7 JUL 3 I 001 SUBMITTED BY: 2...~...-~,~ ~ictlael DoMing, Senior S(eci~ist) Real Property Managemen~ent Toh)WA: Mott, §upervlsor - x~ Real Property Management Department REVIEWED BY: I/~ r.. , ~h~rles-E. ~ard'n~[&~, Ji., ~I~WA, Etirector Real Property Management Department REVIEWED BY' ~~?--/-~-J'~ ~~ Gary Young, Administrative Ak~gistant Collier County Sheriff's Department Jo-Ann% Varco%-Leamer, A~lministrator Support Services Division Date: y ./"7. (," / Date: "7-/'7' C} ? AGEND,~ ITEM No..]6~g'7 JUL 3 1 2001 Pg._ ,~ EXECUTIVE SUMMARY APPROVE THE USE OF 301 PROJECT FUNDS TO IMPROVE AND UPGRADE FIBER OPTIC COMMUNICATION LINES AND EQUIPMENT ON THE MAIN GOVERNMENT COMPLEX OBJECTIVE: To have the Board approve the use of $184,200 in capital project funds for adding and improving fiber optic communication lines and equipment on the Main Government Complex. CONSIDERATION: The main campus buildings are connected through high-speed fiber optic lines used by many departments and agencies for communications. The current fiber optic lines/systems have met their capacity. There are no longer any "free" fiber optic lines to provide redundant or additional service between main campus buildings. Facilities Management is proposing a two-phase project to partner with Clerk of Courts Office to add additional fiber optic lines. Phase I consists of parmering with the Clerk of Courts by funding one-third of the cost ($54,000) to run fiber optic lines'between Building F (Harmon Turner Building), Building L (Courthouse) and the Naples Jail. The Clerk's MIS Department is currently in the process of an immediate upgrade to their fiber optic lines. The proposed additional fiber (144 lines) will originate in the Sheriffs 911 communications room and cross over to Building L North Mezzanine. This is a perfect opportunity for the Facilities Department to lay additional lines while using the same contractors, conduits and trenches thus reducing expenses. Phase II of the fiber optic project requires the installation of multiple (192) fiber optic lines between the Naples Jail and Building W. Total cost for this portion of the project is $130,200. These lines will work in conjunction with the Clerk's proposed lines providing communication for energy management systems, security cameras, telephone, fire control systems and card access. As part of the Jail Addition Project, the East parking lot (where the fiber will run) is to be completely renovated making this a perfect opportunity to lay conduit and fiber before construction. This upgrade will accommodate the fiber optic needs for the Clerk of Courts, Facilities Management, Court Administration and the Sheriff's Office for the next two years. More importantly, this will allow time for the County to negotiate and implement a long-term solution with the creation of a fiber optic ring around the main campus. All equipment and fiber optic lines may be utilized with any future expansion reducing costs associated with digging between existing buildings. FISCAL IMPACT: Total cost associated with proposed fiber optic upgrade is $184,200 (not including the Clerk's portion which is already funded). There are excess funds remaining in the County-Wide Capital (301) Project No 80524, Jail Administration Addition to pay for the upgrade. funds for the fiber optic upgrade to accommodate the needs of the Sheriff's O Clerk' s and Facility Management's offices. The Jail Administration Addition was financed by commercial paper. Instead of an early pay-down on the commercial paper with the excess funds, we are proposing to use a pc rtion ~{3 .... ~fice ~$.we~ t~..~ JUL 31 2001 GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve the fiber optic upgrade expenditures and the necessary budget amendments as addressed within this summary. Daniel R RodrigueZ,-F~tc, g/- ~fi~es M~'~ger ' ~' Facilities Management Department REVIEWED BY: Skip'C~amp, CFM, Director Facilities Management Department Date: APPROVED BY: APPROVED BY: (~~ ~-z-,.~ Date: f~-~'~i'ne Varcoe-Lear~,, CPA, Administrator Support Services Division ~ a~.._.~r~~ Date: Dwight E. ,Brock, Clerk of the Circuit Courts AGEND/~'"iITEM JUL 31 P~..__._~ -$print. ORDER FOR REGULATED SERVICE Sprint Account Mgr. Regulated Services Master Agreement No. Customer Name IDate Billing Address City Customer Contact ] Phone 1 Additional Information and/or Special Service: State & Zip Code Billing Contact ] Phone By entering into this Order effective as of August i, 2001, the undersigned governmental entity ("Customer") and Sprint-Florida, Incorporated ("Sprint") agree to participate in, and be bound by the terms and conditions set forth in Regulated Services Master Agreement No. entered into between Collier County Board of Commissioners and Sprint, effective as of ,2001, incorporated herein by reference ("Agreement".) This Order shall be for a term of five (5) years, provided, however, that funds anticipated for the continued fulfillment of this Order are lawfully appropriated for each fiscal period during the five year term. This Order is issued pursuant to thc Agreement and shall be between Sprint and Collier County Capitalized terms set forth herein shall have the meanings ascribed to them in the Agreement, unless stated otherwise. Sprint shall provide to Customer and Customer shall be liable for those Service(s) identified in Attachments A and B to this Order pursuant to the terms and conditions set forth in the Agreement. This offer will remain valid if signed by Customer and returned to Sprint on or before July 31, 2001. When authorized signatories of both Sprint and Customer have signed this Order, Sprint shall provide and Customer shall pay for the Services pursuant to this Order and the Agreement. In the event of any inconsistencies between this Order and the Agreement, the Agreement shall control. Customer and Sprint hereby agree that this Order shall prevail over any Customer-drafted purchase order and shall supersede any and all proposals, written or oral, as well as all other communications between Customer and Sprint relating to the Services specified in this Order. CUSTOMER Collier County SPRINT Sprint-Florida, Incorporated By: By: Typed Name: Typed Name: Title: Title:. Date: Date: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Address if different than above: j'" .aJ J No. JUL 31 2001 Attachment A Collier County Fiber Project Project Summary - Sprint proposes to place the Collier County Government Center on a survivable-shared (SONET) network. This will be accomplished by constructing approximately 4,000-feet of fiber around the perimeter of the campus. This fiber ring will then be transported over an established Major Customer Network (MCN) ring. Sprint also proposes thc placement of four Marconi Remote Business Terminals (RBT) cabinets, each to be equipped with Next Generation Digital Loop Carrier (NGDLC) DISC*S system and an Alcatel OC-12 fiber terminal. Transport and interface of the RBTs unit to the Naples Southeast central office will be via an established SONET ring. The three Marconi Remote Business Terminals will be placed at the existing DMAC location within the Collier County Government Campus. They include: Health Department Building F - County Jali Upon the express condition that Collier County gains approval from the respective property owner, a fourth Marconi Remote Business Terminal may be placed at a location outside the Collier County Government Campus. Finance Building All of these units will be cabled for 480 lines and equipped with the proper number of lines for cutover plus additional lines for the county's growth. Each cabinet will bc equipped with an Alcatel OC-I2 optical terminal, capable of providing DS-1, and DS-3 services. In addition, Marconi Remote Business Terminals are being proposed at two County locations on Horseshoe Drive. They include: Sheriff's Office - Community Development Center Sprint has budgeted approximately $1,200,000.00 for this project. Benefits Upon Completion Collier County will have the latest survivable fiber served electronic network services Increased network reliability Decreased repair time when troubles occur Collier County will be poised for the impending growth Lower costs for network services County Responsibilities - The county will be required to place survivable conduit rum to the fiber path that surrounds the Collier County Government Campus, space for the Remote Business Terminals, neutral ground, MC power, and access to equipment room. ~ooooooogiigoooooooo ~WWw W EXECUTIVE SUMMARY APPROVE AN AGREEMENT FOR THE CONVEYANCE OF GAC TRUST RESERVED LANDS TO THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, FOR THE FUTURE CONSTRUCTION OF AN ELEMENTARY SCHOOL IN GOLDEN GATE ESTATES OBJECTIVE: To approve and execute an Agreement between Collier County, a political subdivision of the State of Florida, by its' Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (County), and the District School Board of Collier County, Florida (School), which provides for the conveyance of two (2) parcels from the GAC Land Trust Reserved List to be utilized as part of the land assemblage required for the construction of an elementary school in Golden Gate Estates. CONSIDERATION: Brief History: On November 15, 1983, Avatar Properties, Inc., and Collier County entered into an Agreement (1983 Agreement) to dedicate 1,061.5 acres of property in Golden Gate Estates to Collier County. According to the 1983 Agreement, the property is to be used to provide facilities for such things as fire protection, police facilities, public schools, libraries and recreational facilities, as well as equipment for the operation thereof for the existing and future residents and visitors of Collier County. All such capital improvements to be physically located within the geographical boundary of "Golden Gate Estates." The 1983 Agreement further states that the proceeds from the sale of the property are to provide a source of revenue to fund said improvements and to provide for the acquisition of other lands, equipment and materials for the future construction of similar improvements. In addition, on November 1, 1988, Item 14B(3), the Board of County Commissioners approved the creation of a GAC Land Trust Reserved List, which set aside a portion of the GAC property in anticipation of greater future marketability potential or for future government needs spawned by growth in Golden Gate Estates. Issue: On February 26, 2001, a letter from the School (see attached) was presented to the members of the Golden Gate Estates Land Trust Committee requesting the removal and conveyance of two (2) parcels from the Reserved List. The parcels are identified as being all of Tracts 2 & 3, Golden Gate Estates, Unit 72 (Land). The School requested that the Land be conveyed without the County being monetarily compensated, which is consistent with the legal opinion rendered by the Office of the County Attorney dated April 11, 2001. On April 23, 2001, the Golden Gate Estates Land Trust Committee recommended 3/0 (the 4th member was absent and the 5th Committee seat is vacant) that the Board of County Commissioners approve the removal of the Land from the Reserved List and to its' conveyance to the School without monetary compensation. AGENDA No.~ JUL 3 1 2001 Pg._ Provided the Board of County Commissioners approves this request, staff will prepare an Agreement and Statutory Deed for the Land to be conveyed to the School. The documents shall contain verbiage that provides for restrictions limiting the use of the Land for school purposes only, a mandatory completion date for the construction of the School and a reverter clause transferring the Land back to the County in the event the School fails to abide by the restrictions and limitations. Once the Agreement is reviewed and approved by the County Attorney's Office and a "Letter of No Objection" is received from Avatar Properties, Inc., acknowledging the conveyance of the Land, the Agreement will be submitted to the Chairman for execution. FISCAL IMPACT: Recording costs not to exceed $10.00 will be paid from GAC Land Trust Fund 605. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve an Agreement and Statutory Deed providing for the conveyance of the Land to the School; and Authorize its' Chairman to execute the Agreement and Statutory Deed once the "Letter of No Objection" is received and the Agreement and Statutory Deed have been reviewed and approved by the County Attorney's Office. SUBMITTED BY: REVIEWED BY: APPROVED BY: Toni'A. Mott, Supervisor ~. i/,,~i~~jl Pr pe agement,. ~,n ~..__._Dep m t [~t~ Date: ~'lh~-~'e~-E~. Carringto~,'Jr:, S~A,~ector Real Prope~y Management Dep~ent ~ ~;~e Varcoe-Le~, Administrator Suppo~ Se~ices Division AGENDA ITEM No._ JUL'il 2001 OFFICE OF THE DIRECTOR FACILITIES PLANNING AND CONSTRUCTION 5704 Cougar Lane Naples, Florida 34109 (94'1) 593-2530 (941) 593-2546 FAX January 18, 2001 Gulf America Land Trust Committee Members C/o Toni Mott, Real Property Specialist County Government Administration Building 3301 Tamiami Trail East Naples, Florida 33962 REC.._ JAN REAL PROPERTY Dear Land Trust Committee Members: The Gulf America Land Trust has seven parcels rese:'ved for the Co!!ier County, Public Schools. Please consider this letter a formal request for the Gulf America Corporation Land Trust Committee to remove two parcels from the reserved list. The parcels are identified below and legal descriptions provided by the Collier County Property Appraiser are attached. Unit 72 All of Tract 2 5.68 acres Unit 72 All of Tract 3 5.68 acres These tracts will be used as part of the land assemblage required to construct an elementary school. The school district is currently contacting property owners adjacent to these two tracts, making offers for their land. With approval from the Collier County School Board, the school is scheduled to open in August of 2004. As per the recommendation of Ms. Mott, we request that you grant tis until December 31, 2005 to complete the school in case we fall behind in our construction schedule. We understand that if for some reason, this site is abandoned as a school site, the two parcels would revert back to the Reserve List for the school boards use in the future. We ask that you recommend to Collier County's Board of County Commissioners that the two parcels be conveyed in fee simple by Statutory Deed for use by the Collier County Public School as part of the land required for the construction of an elementary school. We understand that such action will occur without cost to the school district. Ms. Mott informed us that a request must be forwarded to Avatar Properties, Inc. requesting that they approve the property transfer in accordance with the terms and conditions outlined in the 1983 agreement between Collier County and Avatar l~roperties. Ms. Mott committed her office to handling the request. Please contact this office if there are questions or if other information is required. Thank you for your assistance. Sincerely, Attachments Cc. Michael Kirk, Facilities Planning and Construction COLLIER COUNTY CHARACTER EDUCATION TRAITS Fairness Honesty Kindness Perseverance Respect Responsibility Self-Discipline THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCESS / EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT. New Page 1 http://www.collierappraiser.com/RecordDetail.asp?FotiolD=40410080007 Collier County Property APpraiser Tax Roll Inquiry System Owner Name iiCOLL]ER COUNTY ' Addresses ~4,;..;,.X-~.;.,,,.~-...~'-.: ................... ~ ........ Foreign Mail Codeii- ' ................................. Legal iGOLDEN GATE EST UNIT 72 TR 2 2000 Final Tax Roll Sales History ............................................................ . ............................................................. .:ii Date !1 Book-Page i~ Amount i~~iii 06/1988 ii 1361'~019'' il ........... $0'00i! ii ............... !.,,,m.p.?.~..a......V.~!..u~i] ............................................... ~,,°....o.o.!i il ................. ~.?.~..a...v..~u.~.![ $ ~.4..,.?......0..0..ii i} ................... .Ex...e..m....p..t..Valuei ........................... $..!..~:.,2.,0.~:.0.~ii ................... .............................................. Last Updated: 01/04/2001 1 ofl 1/17/01 10:53 AM New Page I http://www.collierappraiser.com/RecordDetail.asp?FoliolD=40410120006 Collier County Property Appraiser Tax Roll Inquiry System Folio Number{i40410120006 Pr°pertyi NO SITE ADDRESS .Address ii Addresses !i': ..................... ~'~'&"~'~"~d! .............................................................................. Foreign Mail Codeii-..' .................................................................... I Legal GOLDEN GATE EST UNIT 72 TI*, 3 · i~l ............................................. Descriptioni:: ............................................................................................................................................................................................................. Section 28 iiTownship 48 iiRange i 28 ii_ ::] 5.68 2000 Final Tax Roll Sales History ii Market Value $14,200.00iiii Date i Book- Page Amount :"- ............................................................................................................. ~i i~ ........................ :~ ................................................................................................. iii Land Valuei[ *14,200.00ii;i 06/1988'I' 1361-2019 $O.OOiii :: .......................................................... : ............................................................. :: i; ........................ : .............................................. ::; ................................................ i i ~i Improved Value~ $0.00ii i~ Assessed Valuei $14,200 00ii :i ................... ..z.~?p..t....V..~!u..~i .................................. .S.~..4.:.?....0...0..ii ~--' Taxable Valuei $0 00ii Last Updated: 01/04/2001 JUL 31 2001 I of 1 1/17/01 10:54 AM EXECUTIVE SUMMARY REQUEST AUTHORIZATION FOR THE DEPARTMENT OF HUMAN RESOURCES TO BRING BACK TO THE BOARD OF COUNTY COMMISSIONERS PROPOSED ADDITIONS AND MODIFICATIONS TO ORDINANCE NO. 96-40 WHICH IS KNOWN AS THE COLLIER COUNTY PERSONNEL ORDINANCE. OBJECTIVE: To ensure that the Personnel Manual contains current and legally sufficient policies, procedures, and practices which will attract and retain capable employees as well as maintain the highest principles of professionalism. CONSIDERATION: The Collier County Personnel Policies are included in County Ordinance No. 96-40. Currently the Human Resources Department maintains a Practices and Procedures Manual which serves as an informational tool for employees to use as a guideline in order to adhere to the policies set forth by the Board of County Commissioners. Periodically, due to changes in Federal, State, or local laws or general organizational changes, the Practices and Procedures Manual is reviewed and updated. As the result of such a review, certain new policies need to be established and several current policies need to be modified. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners authorizes the Department of Human Resources to bring back to the Board proposed additions and modifications to Ordinance No. 96-40. Gary ~.'~auc~p, PhD, I~m p~ye'e'~latio~"s 'S~pe~isor' Hum~ ~ources Depa~me~ ~ ~ REVIEWED BY: ~ ~~~ Date: ~~/~ ~eorge P.~radley, Director ' Human Resources Department JoAnne Varcoe-Leamer, Administrator Support Services Division APPROVED BY: EXECUTIVE SUMMARY Approval of a Letter of Agreement between the Board of Commissioners and Community Health Partners, Inc., reducing the Physician Fee Schedule and Outpatient Fee Schedule, and modifying the In-hospital Stop Loss Agreement under the Existing Group Health Insurance Fee Agreement. OBJECTIVE: To receive approval from the Board of Commissioners of a letter of agreement with Community Health Partners, Inc. to reduce the physician fee schedule from 155% of Medicare allowable fees to 115% of Medicare allowable fees and to increase allowable per confinement Diagnosis Related Group Fees, also known as DRG fees, in the stop-loss limit from $30,000 to $50,000. The outpatient fee schedule will also be discounted by 15%. CONSIDERATION: The Board of Commissioners provides group health insurance to its employees through a self-insured program. This program utilizes an agreement with Community Health Partners, Inc. (also known as "CHP), which establishes allowable fees for physician, hospital, and outpatient services provided through CHP's managed care network. In January 2001, staff from the Board of Commissioners, City of Naples, and Collier County Schools along with the County's consultant, Willis Corporation, began a study of hospital and physician fees under this program. After a careful review of fees charged, utilization patterns, and the identification of opportunities for fee realignment, an agreement was reached with Community Health Partners to restructure the fee schedule under this program. Physicians' fees under the program will be reduced from 155% of Medicare allowable fees to 115%, which will result in a case adjusted reduction of 11% on average. Outpatient fees will be reduced by approximately 15%. In-hospital fees are billed at a case rate of $7,000 times the appropriate DRG multiplier to arrive at the total billable charges subject to total maximum charges of $50,000. Case rates consist of a multiplier tied to a DRG which is then multiplied by the $7,000 rate. For example, a DRG multiplier for a specific diagnosis at a multiplier of 1.25 would result in a billable charge of $7,000 x 1.25 or $8,750. In-hospital fees exceeding $50,000 will be billed at a 75% discount off normal in-hospital rates. Under the agreement, CHP is agreeing to establish a Review Board composed of representatives of the physician group, hospital, County Government and other participating entities to identify and implement utilization strategies or "outcomes strategies" to control medical costs. AGENDA ITEM No. /6 ~ JUL 3 1 200 Finally, the term of this agreement is in effect from August 1,2001 until December 31, 2001 and the County agrees to negotiate in good faith an exclusive agreement with CHP prior to the termination of this agreement. Due to the time constraints of making the July 31, 2001 agenda, the letter of agreement is being submitted simultaneously to the Board and the County Attorney. The letter of agreement primarily amends the fee schedule and term under the existing contract with CHP. Other substantive portions of the existing CHP agreement remained unchanged. FISCAL IMPACT: It is estimated that based upon historical claims payment patterns that these changes will result in an annual savings of approximately $500,000 to 750,000 to the Group Health Insurance Program. It is recommended that these savings be accumulated into group health reserves and that they be considered when developing rates for FY 03. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board of Commissioners approve a letter of agreement with Community Health Partners, Inc. as described above subject to final approval as to legal sufficiency by the County Attorney. SUBMITTED BY: APPROVED BY: ~-~all~er, CPCU, ARM, Director, Risk Management JJ~-Xnn~ Varcoe-Ltg. a~her, Support Services Division Administrator AGENDA ITEM no. t6 'a° JUL 3 1 ZOO1 EXECUTIVE SUMMARY APPROVAL OF RESOLUTION NO. 2001- CHARACTER COMMITTEE ESTABLISHING A COMMUNITY OF OBJECTIVE: Approval of Resolution No. 2001- establishing a Community of Character Committee to design, implement, and govern activities that will empower our citizens to become a model community of character. CONSIDERATION: Collier County Government has a history of commitment to character development. County training programs currently include sessions on Personal Excellence, Leadership, Interpersonal Skills, Creating Optimism, Independence and Initiative, Life Balance as well as many other self-enrichment classes. In the future, An Employee Reward and Recognition Program is expected to include a Spirit Award that recognizes a number of excellent behavior traits observed on the job. On December 14, 1999, Resolution 99-475 was adopted by the Board of County Commissioners of Collier County, Florida, pledging a commitment to character by the people of this County and to doing all in our power to become known as a Community of Character. On May 8, 2001, a Character Pitch presentation was made to the Board of County Commissioners by the local representative of Character First at the Board's regularly scheduled meeting. As a result of that presentation, the Board approved the setting up of a council and directed staff to return with information on the process for implementing a program. In keeping with the commitment of Resolution 99-475 and the direction of the Board on May 8, 2001, a resolution has been prepared that establishes a Collier County Community of Character Committee to design, implement and govern activities that will empower our citizens to become a model community of character. The establishment of this committee will enhance Collier County Government's current commitment toward becoming a model for other employers throughout the County and for other counties as well. A formal training program provided by Character Pitch for department directors and above could be implemented. This program would include an initial training session, an annual newsletter subscription and monthly meetings. FISCAL IMPACT: There is no fiscal impact related to the establishment of the Committee. Future costs will be determined by the recommendations of the Committee and if and how they affect Collier County Administration. Should the Board decide to implement a training program, the estimated training costs as described in Exhibit "A" ($11,515 initial annual cost, $9,765 annual on-going) would be absorbed b, each individual department's operations budget. Requests for Proposals for trai ~in.q_s~lard~. ITEM. 'No. /&~ ~: ~ JUL 3 1 2001 Pg., / be obtained from other vendors who consider themselves as competition to Character Pitch. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve Resolution No. 2001- and direct the County Manager to establish a Community of Character Committee and that the Board postpone a decision on implementing a training program pending the future scope of the program,af~ recommended by this Committee. /"Georgei~. Bradley, Director ~/ Human Resources Department APPROVED BY: ~'~ -0u'~'3'-' ~~ Date:-7/2 010 , JoA~¥e Varcoe-Leamer, Administrator SuppOrt Services Division AGEI~IpA ITF~M~ JUL 31 2001 EXHIBIT "A" Approximate costs for Implementation of a Character First Training Program at the Director level and above are as follows: Training Sessions: 50 participants at $975 per session plus $50 per participant $3,475 Newsletters 50 EE's ~ $14 each 700 Binders 50 EE's ~ $10 each 500 Annual training for new managers 2,225 Management time 6,840 Total estimated first year cost $11,515 Total on-going annual cost $ 9,765 RESOLUTION NO. 2001 - __ A RESOLUTION ESTABLISHING A COLLIER COUNTY COMMUNITY OF CHARA CTERCOMMITTEE WHEREAS, Resolution No. 99-475 was adopted on December 14, 1999, by the Board of County Commissioners of Collier County, Florida, pledging a commitment to character by the people of this County and to doing all in our power to become known as a Community of Character; and WHEREAS, the Board of County Commissioners has requested that a committee be established to achieve this goal; and WHEREAS, the committee should include representatives from the City of Naples, City of Marco, Collier County Public Schools, the Collier County Commission, the Collier County Sheriff; and WHEREAS, a group of six to twelve community leaders should also be included representing our religious organizations, youth organizations, rehabilitation centers, local media, local businesses and other community organizations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that a Community of Character Committee will be established to design, implement, and govern activities that will empower our citizens to become a model community of character. THIS RESOLUTION adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk Approved as to form and legal sufficiency: Michael Pettit Assistant County Attorney James D. Carter, Ph.D., Chairman JUL 31 Pg' EXECUTIVE SUMMARY APPROVE MASTER PURCHASE AGREEMENTS FOR THE PURCHASE OF REGULATED AND DE-REGULATED SERVICES FROM SPRINT. OBJECTIVE: To obtain the Board's approval of two Master Agreements for various Sprint provided services as required by Sprint and in order to more efficiently meet the County's needs through streamlined administrative processes. CONSIDERATIONS: Sprint has changed its business practices. They now require all of their customers to sign contracts for any service being provided. In the past a Purchase Order sufficed. Instead of executing multiple contracts, it was determined to be more efficient if the County were to enter into Master Purchase Agreements for all regulated and de-regulated services offered by Sprint. Current and future purchases shall continue to be made under separate Purchase Order, but shall reference the Master Purchase Agreement and shall be bound by the conditions contained within. Within the Purchase Order the term of service and cost shall be clearly defined. It is the intent of these Master Agreements to cover all current and anticipated regulated and non- regulated services provided by Sprint. Attachment "A" includes an initial list of services that Sprint will provide. This list is not intended to be all-inclusive. Updates to the service list shall be made by Sprint as technology advances and/or as the County's needs change. All Constitutional Officers will be able to utilize this same agreement should they choose. FISCAL IMPACT: Each department will allocate funds from their budget for the requested services as needed. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve two Master Purchase Agreements with Sprint; one for regulated services and another for non-regulated services and Authorize the Chairman to execute the forthcoming negotiated County Attorney approved contracts. PREPARED BY:-~~~~_2 Date: pKa~eY/~.~d,~ h~'~l'n g Supervisor REVIEWED BY: Steve Qamell, Purchasing/General Services Director REVIEWED BY: Jo-Ar~e Varcoe-Leamer, Support Services Administrator Date: Z ~= I.- Z 0 0 0 AGENDA ITEM No.___~ ~-~ JUL 3 1 ZOO1 EXECUTIVE SUMMARY APPROVAL OF RESOLUTION NO. 2001- WHICH WILL REVISE THE EMPLOYEE SERVICE AWARD PROGRAM AND SUPERSEDE RESOLUTION NO. 87-80, EFFECTIVE OCTOBER 1, 2001. OBJECTIVE: Approval of Resolution No. 2001- which will revise the Employee Services Award Program and further recognize and acknowledge the importance of longevity in the employment relationship and in contributing to the achievement of the County's goals and objectives. CONSIDERATION: Pursuant to Ordinance No. 87-5, the Board of County Commissioners currently has a 'County Employee Service Award' program, which recognizes County employees for their longevity of service to County Government. In the current program, employees are awarded a lapel pin and a certificate on each five-year milestone that is reached. This program was approved by Resolution 87-80 on April 7, 1987 by the Board of County Commissioners. As the result of a Service Award Committee, chartered by the County Manager, a recommendation has been made to revise the 'County Employee Service Award' program to include one selection of a girl with a dollar value equal to the years of service attained; additional personal time off; plus recognition for time employed by Collier County Constitutional Officers. A *one-time additional personal leave day to employees according to the following schedule: 10, 15, and 20 years: 1 personal day after reaching each 5 year increment; 25 and 30 years: 2 personal leave days after reaching each 5 year increment. *(There would be no additional personal leave days awarded during the intervening years) The Human Resources Department, the Support Services Administrator, and the County Manager have reviewed this recommendation. It has been agreed upon that the changes are consistent with the intent of the Board of County Commissioners to demonstrate to their employees their continued effort to show appreciation for their contribution and loyalty. This revised program is part of this Resolution and is set forth in 'Exhibit "A" to proposed Resolution No. 2001- ., a copy of which is attached to the Executive Summary, and would take effect October 1, 2001. FISCAL IMPACT: The expenditures for the awards will be absorbed by Human Resources operating budget factored into FY02. The total cost for the first year will amount to $1575. The cost for the additional personal time will be absorbed by each individual department's personal services budget and is estimated to be $7,500. The actual number of additional days awarded for the first year will be 62. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve Resolution No. 2001- and direct the County Manager to implement and administer this revised program as stated in that Resolution. SUBMITTED ,," George F{. Bradl~, Director ~ Human Resources Department JoAn/o~e Varcoe-Leamer, Administrator APPROVED BY: Support Services Division RESOLUTION NO. 2001 A RESOLUTION REVISING THE COUNTY EMPLOYEE SERVICE AWARD PROGRAM PURSUANT TO THE PROVISIONS OF COLLIER COUNTY ORDINANCE NO. 87-5 AND SUPERSEDING RESOLUTION NO. 87-80 AS OF OCTOBER 1, 2001 WHEREAS, Collier County Ordinance No. 87-5 states that the Board of County Commissioners of Collier County, Florida, shall adopt an implementing resolution in order to authorize expenditures of County funds to award County employees for, among other things, outstanding service or achievement in connection with County employment or in recognition of longevity of service in County employment; and WHEREAS, Resolution No. 87-80 was adopted on April 7, 1987 by the Board of County Commissioners of Collier County, Florida, pursuant to Ordinance No. 87-5 to implement the current program which recognizes County employees for their longevity of service to Collier County government; and WHEREAS, it is the desire of the Board of County Commissioners of Collier County, Florida, to revise the current program which recognizes County employees for longevity of service to Collier County government and to supersede Resolution No. 87-80, effective October 1, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. The Administrative Procedure for recognizing County employees for longevity of service shall be revised pursuant to Exhibit "A" which is incorporated as part of this resolution and is hereby approved as the "County Employee Service Award" program, effective October 1, 2001. The expenditure of County funds n~cessary to provide the recognized employees with the items as described in Exhibit "A" are hereby authorized. Resolution No. 87-80 is hereby superseded, effective October 1, 2001. DATED: ATTEST: THIS RESOLUTION adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk Approved as to form and legal sufficiency Michael W. Pettit Assistant County Attorney James D. Carter, Ph.D., Chairman Bo ADMINISTRATIVE PROCEDURE SERVICE AWARDS PROCESSING PROCEDURE Each month the Human Resources Department will prepare a list of names of any employees due a service award. 2. This list will include all employees who have been in the County service for periods of five, ten, fifteen, twenty, twenty-five, and thirty years. 3. The list of names will be placed on the agenda for presentation at a Board of County Commissioners meeting. 4. The Board of County Commissioners in Open Session will hand out the service awards. 5. For employees hired on or after October 1, 2001, length of service previously spent employed by a Collier County Constitutional Officer will be counted as continuous service for the purpose of vacation accrual and eligibility for the service award program, as long as there has not been a break in service greater than 30 calendar days. 6. Human Resources is responsible for administering the program. THE SERVICE AWARD Employees who have completed two (2) years of service with the County will be invited to a quarterly function. The purpose of the function would be to thank them for their contribution to Collier County and to receive feedback on their first two years of employment. 2. A one-time additional personal leave day to employees according to the following schedule: a. Ten (10), fifteen (15) and twenty (20) years: one (1) personal day after reaching each five year increment b. 'Twenty-five (25) and thirty (30) years: two (2) personal leave days after reaching each five (5) year increment. The additional personal leave day must be taken within twelve (12) months of the employee's' anniversary date or be forfeited. There will be no additional personal leave days awarded during the intervening years. 7. A gift will be awarded to employees who have reached a five (5) year increment which will be a value equal to the plateau reached (e.g. 10 years = $10, 15 years = $15, etc.) with the following exceptions: five years would equal a ball point pen valued at approximately $6 and 30 year recipients would receive a watch valued at approximately $150. 8. Each recognized employee will also receive a lapel pin, gold with a different stone for each five year plateau as follows: a. Five years = Ruby; ten years -- Golden Sapphire; fiReen years -- Blue Spinel; twenty years = Emerald; twenty-five years = Synthetic Diamond; thirty years = two synthetic diamonds. 9. A certificate will be awarded with a copy inserted into each recognized employee's personnel file. 10. Certificates awarded by the Board of County Commissioners will be framed with the cost budgeted through Human Resources. EXECUTIVE SUMMARY AUTHORIZATION TO ENTER INTO A FIVE YEAR CONTRACT WITH SPRINT, SUBJECT TO APPROPRIATION, FOR EXISTING CIRCUIT SERVICES IN EXCHANGE FOR SPRINT'S INSTALLATION OF A FIBER- OPTIC SONET RING AROUND THE MAIN GOVERNMENT COMPLEX. OBJECTIVE: To reduce the recurring costs of Sprint services and improve the reliability and survivability of telephone and data services provided by Sprint to all government agencies located on the main Government Complex. CONSIDERATIONS: Over the last five years most government agencies located on the main Government Complex have experienced repeated issues with Sprint's service. The most serious involve multi-day service outages. Currently Sprint provides its services to the Government Complex over copper cable. This cable is deteriorating with age and makes troubleshooting problems difficult. These outages require significant statTtime to resolve. Sprint recommends that the County abandon the copper technology and be placed on their Sonet ring. A Sonet ring is a fiber-optic, high-speed data transmission architecture that combines reliability with survivability. Sprint proposes to install this ring around the perimeter of the campus and provide redundant connections to the Administration Building, Health Department and the Sheriff's Administration. In addition Sprint will provide fiber services to the Community Development Services Building and the old Barnett Bank building on Horseshoe Drive. Sprint will bear all of the costs for and own all of the fiber-optic cable and equipment required for this project. Sprint's investment will be approximately $1.2 million and will take nine months to complete. According to Sprint the benefits include: A higher quality of service. Reduced time to correct problems. Lowered costs. Provide a higher degree of survivability in the event of cable cuts. Assignment of a person to work with the County and within Sprint to resolve service issues. Position the County for future growth The County will be required to provide: O o A five-foot utility easement around the inside perimeter of the campus. 2 - two inch conduits from the following buildings to the closest point on the easements o Building F, Building H, Building J, Community Development Services, Sheriff's building on Horseshoe Drive (old Barnett Bank building). 2 - dedicated 120VAC/30 Amp circuits with proper grounding and tw~ a locks 0t each location AC-~NDA ITEM - No. o Space for the equipment In addition, Sprint requires a five-year commitment by the Board of County Commissioners, Sheriff and the Clerk of the Circuit Court to continue to use existing Sprint services, excluding business lines and Centrex service. The five-year commitment will limit our ability to take advantage of competitive bidding, should competition enter the market or other networking technologies that do not involve a carrier i.e. wireless networking and leased fiber optic cable, without penalty. Currently there are three competitive local exchange carriers who have approached the County, however they are simply reselling Sprint's services. This would add an additional layer of complexity in problem resolution. It is important to note that this solution only addresses issues on the Government Complex. Options 1. Implement the Sonet solution. 2. Release a competitive bid for voice and data services to encourage competition and to allow us to specify "Service Level Agreements". Only service re-sellers and Sprint could bid on this at this time. 3. Explore alternatives to Sprint service using other networking technologies. These technologies include leasing dark fiber-optic cable, wireless networking and building our own fiber-optic infrastructure. 4. Do nothing. FISCAL IMPACT: A budget amendment will be required for the initial capital outlay of $72,000 for conduit and electrical connections from General Fund Reserves. The five-year commitment will result in a discounted monthly rate resulting is a savings of $199,635 over a five-year period, our current annual outlay, for circuit services, of $287,448 will be reduced to $247,521. The operating departments and agencies pay this annual outlay. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Authorization to enter into a five year contract with Sprint, subject to appropriation, for existing circuit services in exchange for Spfint's installation of a fiber-optic Sonet ring around the main Government Complex subject to the participation by the other constitutional officers. Approval of associated budget amendments. SUBMITTED BY: ~/~~ Date: E. Michael Berrios, Network Operations Manager REVIEWED BY: .,.-'/~~~ Date: Skip Camp, Interim Director of Information Technology AoENDA ITEM jU£-3 1 2001 APPROVEDJo-Anne Varco-Leamer,By: A~tor,. ~.,_~r~~ Support Services APPROVED BYe: ~ ~,f.~ayv~' ~'~ Don Hunter, Sheriff ~ Thomas W. Olliff, County Manager Date: .7'//~,~'-~>l Date: ~"~ ~/ Date: Date: ~, ~. ~ ~ JUL 3 1 2001 J EXECUTIVE SUMMARY APPROVE AND EXECUTE AN AGREEMENT WITH THE GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT PROVIDING FOR A MAXIMUM EXPENDITURE OF $110,000 FROM THE GAC LAND TRUST TO PURCHASE A WATER TANKER FIRE TRUCK OBJECTIVE: To approve and execute an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (County), and the Golden Gate Fire Control & Rescue District (District). The Agreement provides for a maximum expenditure of One Hundred Ten Thousand and 00/100 Dollars ($110,000) from the GAC Land Trust for the District to purchase a 3,000-gallon water tanker fire truck (Vehicle) needed to provide added fire and rescue protection to the residents of Golden Gate Estates and Collier County. CONSIDERATION: Brief History: On November 15, 1983, Avatar Properties, Inc., entered into an Agreement (1983 Agreement) to dedicate 1,061.5 acres of property in Golden Gate Estates to Collier County. According to the 1983 Agreement, the property is to be used to provide facilities for such things as fire protection, police facilities, public schools, libraries and recreational facilities as well as equipment for the operation thereof for the existing and future residents and visitors of Collier County. All such capital improvements are to be physically located within the geographical boundary of "Golden Gate Estates." The 1983 Agreement further states that proceeds from the sale of the property are to provide a source of revenue to fund said improvements and to provide for the acquisition of other lands, equipment and materials for the future construction of similar improvements. Issue: On April 23, 2001, Assistant Chief David Anderson, Golden Gate Fire Control & Rescue District, requeSted the Golden Gate Estates Land Trust Committee to assist the District in the purchase of the above-referenced Vehicle. Information on the Vehicle distributed to the Golden Gate Estates Land Trust Committee is attached for your review. The Golden Gate Estates Land Trust Committee recommended 3/0 (the 4th member was absent and the 5th Committee seat is vacant) that the Board of County Commissioners approve a maximum allocation of One Hundred Ten Thousand and 00/100 Dollars ($110,000) to the District as reimbursement for purchasing the Vehicle. Pursuant to the Agreement, the District agrees that the Vehicle shall be utilized solely by the District and shall service "Golden Gate Estates" as well as other areas of Collier County. The District agrees that the purchase of the Vehicle shall be in accordance with all applicable bidding or other requirements for the procurement of property and services, as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. Payment for the Vehicle shall be made to the District as reimbursement of actual expenses paid upon the District's adherence to those certain terms an ~ '---AGEND~A ITEM JUL 3 1 2001 Pg._ / , ~.,,- outlined in the attached Agreement. The Vehicle must be purchased within twelve (12) months of the Agreement being executed by both parties. The Agreement also provides that if the District obtains any monies as a girl, contribution or reimbursement, through any grant program, pertaining to the purchase of the Vehicle, such girl, conthbution or reimbursement shall be forwarded to the County and deposited in the GAC Land Trust. The Agreement has been reviewed and approved by the County Attorney's Office. The Agreement will be submitted to the Chairman for execution upon staff receiving a "Letter of No Objection" to the transaction from Avatar Properties, Inc. FISCAL IMPACT: An amount, not to exceed $110,000, will be derived from GAC Land Trust Fund 605 Reserves. GROWTH MANAGEMENT IMPACT: Growth Plan. There is no impact to the Collier County RECOMMENDATION: That the Board of County Commissioners: Approve the attached Agreement providing for One Hundred Ten Thousand and 00/100 Dollars ($110,000) for the purchase of the 3,000-gallon water tanker fire truck to be purchased by the Golden Gate Fire Control & Rescue District; 2. Authorize its' Chairman to execute the attached Agreement once the "Letter of No Objection" is received; and 3. Approve the necessary budget amendment. REVIEWED BY: SUBMITTED B .'~ ~ ~,~~ _ ~ >nj A. Mott, Supervisor I g{tl Property )v~anagemen~Depa/'tment C h~'l-e~g. C'arrir~g~h, h~R~, Director Real Property Management Department Aem ow Y: J~a~fi~ ~r~rcoe-Lean~, Administrator Support Services Division Date: Date: 7/~'"g~ ~ JUL~ 3 1 2001 We Build Confldence~ Goldengate Fire Rescue District 4741Goldensate Pkwy ~apl~.z F!a, 33999 9, 2001 19 PROPOSAL FO~ FUI%NISHiNG ~~1~ FIRE APPARATUS TEe undersigned is prepared to rnaaufacture for you, upon an order being placed by you, for final acceptane.~ by Pierce Manufacturing, lac., at its home office in Appleton, Wisconsin, the apparatus z31d equipment herein ~med and for the folto~dng prices: One (1) Pierce 3000 Gallon Pumper/Tanker s 213~435.00 International Model 2674 Chassis Pricing is base upon Lake County, Fla. Contract (see documentation pricing) Discounts: Additional discounts are available for down payment: at time of order~ orr progress payment at time of chassis delivery ~o Pierce. (call for rates) Tomi S 213,435.00 S~id apparmtus and equipment are to be built and shipped in accordanc~ ~dth the specifications hereto attachad, delays due to etrikes, war or international conflict, la'utes to obtain chassis, materials, or other causes beyond our control not preventing, within about 7-8 mOS. we~bi~gdtt,y~ after receipt of rh~s order and the accep:ance thereof at our office at Appleton. Wisconsin. and :o be deUve:ed [o you at _ Naples~ Florida The specifications herein contained shall fo~n a part of the final contract, and ~.,~ subject ~ changes de:ired by purchaser, provided such Mteratioas ~re hs~rlined prier r.o the acceptance by the cc=party of the order '.o purchase~ and provided such alterat/ons do not materia~Jy affect the cost of the const~uc'Aon of the appara:us. The propoeal for fire appara~u.~ conform~ wf~h ~il Federal Dep~t~nenc of Tran:~portation {DOT} rulez and regu- ~atioas L~ effec~ at the time of bid, and with al~ National FL~e Protection A~Sociation iNFPA) Guidelines f3r Automotive Fire Apparatus as published at the time of bid, except a~ modified by customer Mseciffcat/cns. Any increased costs recurred by first party because of future changes in or additions to said DOT or NFPA etandards will be passed along to tt~ customers as ~u addition to the price sec forth above. Urdes~ accepted within 30 d~tys from date, the righ~ is reserved to withdraw tAJs proposit;~m APR-L~9-200! 09:57 Job Number: Customer: Contract Administrator: Description: Body: Chassis: Une PRIDE # 0030O15 0018257 O028079 0015918 0OO8036 0000000 0000000 0000000 9 0OO00OO !0 O00000O 11 00C~007 12 0080008 13 0030006 14 0014564 15 99OOO87 16 O0OO1O9 t7 0024196 15 0'300070 19 0002940 2'3 0O73O09 21 0020887 22 0020895 23 00730,51 24 0014206 25 OO24218 26 0014318 27 0OO8102 28 OO2O873 29 OO14952 30 0052996 31 OO10783 32 OO80788 33 0000854 34 0014848 35 0002880 36 0001247 37 0071090 38 0013818 39 0023746 40 OO14692 41 O024590 42 00f1475 ~9D3' 9:29~07AM TEN-8 FIRE EQ~JIPMEJ,IT Component List 2598 Represenmtive: Golden, Gate Rre Conlrcl & Rescue District Organization: 8i{~ Number; Internatbna12674 tanker DB Version: Tanker, Empticai, Num., Tandem Rear Axle International IHC 2674 (Set back AyJe, Premium Engines), 6x4 Type Component Boiler Plates, Elliptical Tanker Year 2000 Complience (Commercial 8, Sqt,Tsqt,Snorket} Match Not Required D3nn ~O~W~ Ten-8 Fire Equipment, Inc 20!0 180C06 Qty Price 1 O 1 0 I 0 Comply NFPA Changes Effective Jan 1, 2000 Career/Paid Department Insl:~-~CJon trips (2) two people ea, trip Serv~C~ Facility within 150 miles DeliveQ/Expense and Training (8 hfs) 129 0 Training (8 Warranl7 and Administration Cost Custom pumpers & Products Approval Drawing Warranty, Corotar C~ass~ Bid Bond not requested IniemationaJ IHC 2674. (Set Duck Axle, Premium Engines). 6x4 Cjomme,cial Supplied Chassis (Golden Gale} ,Sea,rig Capacity, Cab Wheelbase. IHC 208.00' - 254.00' 25~' GVW Rating 64,000 lbs. Frame, Chassis, IHC Frame Uner, IHC 'C" type ~.~ Axle. Front, Internality, al I-1..~S, ;i~i000¢¢- I'"-H'~' suspension, Front Spring, 18,0CO,~ IHC Shod( Absorbers, Front Axle, Rear, Meritor RT-460-160, 46,0O0~. IHC Top Speed of Vehicle, Commercial Chass;$ 67 to 70 Suspension, Rear Spring, RT2.460, 54' Spacing, 46,OO0~ ;HC Dust Shields, Front and Rear Brakes- IHC/Kw 1 ! 1 0 I 0 1 0 1 0 1 92,102 3 0 1 825 I 0 1 0 ~. 0 1 0 I 0 I 0 1 0 1 0 I 0 1 0 ASS, Bendix Anti. Lock Braking System, IHC Brakes, Cam Front. 16.~'x 600' IHC Engine Brake, Jacobs - FLPJIHC Air Compressor, Brake, Bendix 13.2 CFM. IHC Air Dryer. Bral(e. AD-9 w/Hoe!er, HC/FLR/Kw Air Inlet. ~/Disconnect Coupling h) DS Pump Panel Engine, Cummins I$M-.400,400 bp- IHC Exhaust System, 5" Std. High Idle w/Electronic Engine, Commercial Cooling Hoses, Rubber- IHC/Ford Fuel Tank, 63 gaI.LH - IHC 2000 Cooler, Chassis Fuel, Not Req'd. Trans, Allison HD 4060P, 5-Speed. IHC Transmission, ShiRer, 'T" Handle, IHC Transmission Oil Cooler, Internal, Corotar 2010 1 0 1 0 1 0 1 0 I 0 1 2S9 Golden Gate Fire Control & Rescue Oistdct 0 0 ~25 0 0 0 ,.[ .... ,;._"" I JUL 31 2.001 APR-Og-20E~l Fdg:s8 ~EN-8 ~IRE EQUIPMENT bne PRIDE ~, Type 43 OOOtS09 44 0014581 45 0020907 46 002091t 47 0083~51 48 0003007 49 0073053 50 0002045 51 001~53 52 0024223 53 0003111 54 0027013 55 0072178 56 0003174 57 0012256 58 0012352 59 0902270 60 0003016 61 O073999 62 0005940 63 O003041 64. 0073063 65 0072620 66 O005481 67 0002550 68 0083012 89 0065807 70 0072685 71 00127tl 72 OO12782 73 OO72719 74 0002684 75 O082968 76 0002850 4/9/01 77 0052736 78 OO22738 79 0002762 80 O024056 81 0002758 82 ,~72785 83 OO09811 84 0005910 9:29:07AM ComPonent Warranty, 5-year Transrrassion (ste HD CommiHT/MT elec) Drive,ina, Corotar Chassis, Spicer ~800 Series Stee~ng, Shei~a. rd M-100/MS0- tHC Tires, Goodyear, 385/65P~,50 18 ply high -IHC Wh~l, steel, 22.50" x 12,Z5' - I:LPJl~C T~res. Goodyear, 11P.22.50 14 ply M&S. IHC Wheel steel, 5L50" x 8.25'- IHC Mud ,flaps, w,lcgo/font & rea' Cab, IHC 2600, 2-door, Optional Sloped Hood Cab Inlerior, IHC, Gray Step Pack.e, .Numinum 4.way, IHC 2-Door Win~w, Peeper Window Not Required Mirrors, West Coast, IHC [Alum) Bumper Extension, 19', No Tray Commercial Chassw Tray, Hose center, lg" bumper w/outside A~r Horp. s 19) 100' of ~.75" Grating, Rubber Cover, Ahgn Treadpla~e, For Hose Tray over hose tray, centered a) Mech stay arm Tow Hooks, Chrome Seats, Cab, Air driver wi2-man bench - No Crew Cab Seats, 2~oor cab Li§h.~, Engine CompL Commercial Cha~s Ail conditioning, IHC CaD instrument, FLR & IHC & Kw a) d~iver's ~per control, intermittent feature Commerdal Swi~:h Console Not Required Hourmeter, Pump, Inside Cab Radio wlWeather Band & Clock. IHC Single Start, (3) Grp 31,650 CCA each, IHC Selector, Single Start Bat~e~j, Commercisl Chassis Charger, Sngl~ystem; Po.vet Gource 75 ...... Location, Cha'get, Front lett body compt driver's side front Ix)dy compa~lmenl KussmaW "Super~ Auto-Eject Recap, 20A (~tt chrg) customer choice b) red Tray. S~de-out Battery, CommerCial Chassis Alternator, 270 ami:), Leece-Nevilie 4864JB. Antenna, 2-way Radio, Customer Furnished behim:l officer seat 01 b) officer's side, Pow~' Studs, 12VDC wtgrouad, 30amp, Battery Direct pe~ customer choice Power Te'm Z2VDC w/grd 40amplCust Radie, Bat Sw in the cab Load Manager. Kussmaul Mark I, (?) Channels al)High Idle disable Amp Draw Report, NFPA 1999 Addition Amp Draw, NFPA R~io Allowance Cab Ugh~ng, Commercia~ Chassis L<Jht. Fmnl Zone Lower, Whelen 508 Linear Sa'obe, Corem a) red Alarm. 8ack-up Warning, ECCO SA917.PM2 2010 Gol~n Gate Fire Cont~ & Rescu~ D~stnct Qty Price 1 0 I 0 ~ 0 I 0 : 0 1 0 ~ 0 1 3T3 1 0 1 0 1 390 1 0 1 0 1 1,270 1 230' ! 182 0 0 0 0 0 267 1 0 I 0 1 141 1 0 1 1 1 736 1 0 1 316 427 0 297 101 642 o o o 722 Page z JUL 31 ;'001 Pg. ~,~ ~PP,-C)9-2001 09:59 TEN-8 FIRE E~--UIPHENT Line 85 86 87 88 90 91 92 9~ 96 91 99 lO0 101 102 103 104 105 106 107 108 109 110 111 !12 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 ~/9/01 PRIDE ~ Type. 0022913 0022912 0002902 0OO2928 ~10429 0O28107 0O28694 0083234 0000682 0028901 0038731 0021874 0048710 0030O07 0028720 OO299O1 0028749 0028765 0028744 0028761 0013512 0O28777 O0O3540 0014112 0003581 002866O 0000063 0028672 OOOOO67 O028815 0048732 0003942 0OO3945 0004016 0004027 0024O69 0o04151 0004210 0'344229 0074231 0074248 0024380 0014381 0004415, O004481 0004477 ~2g;D7AM Compo~ent Manual, Chassis Parts Not Required, Commercial Manuals, Service Not Required, Commercials Manual, Cornmem~al Cllassis Operatmn Electrical Diagrams Tanker, Elliptical, Alum, Tandem Rear Axle. No Foam Cell Tank. Wale', Poly, E)ipticaL 3000 Gallon Brushed Tank Access Ladder, Heavy Duty, Pol.v Tank, Elliptical driver's Overflow. 6' Poly, Elliptical Portable Tank Racx, Enclosed, Ellip .t~cai Tanker 3OOO ~) pass. side No 2,5' Direct Rear Tank Fill Req'd Tank Fill, Direct, Rear 2.,5" w/3.0' Plumbing, Addi~onal, Poly Tank 2.5'N$T x &O'Storz driver's Jet Assist Not Req'd (No Dump Chu(e Required) Dump, 10' Newton, Rear, Manual Dump Chute, Rear, Telescopic, Manual, Newton Tank Dump, 8' Manual Cent,mi, Bray, DS DumD Chu(e, DS, Manual Tank Cutup, 8' Manual, Bray, PS Dumi~ Chute, PS, Manual Runningboard Tailboard, 18' Deep, EEliiptical Tow Eyes (2) (Tanker, Rescue) Tray, Hose, Running Board, Special Capacity 50' 2.5' dj hose a) bo~ sides Construction, Comic~ Alum, El!ipUcal Tanker . DS21_6_~".I~p Doo._m, wY-Si'de Dump. Commercial Chassis Compt, {1) Hard Suction Hose, DS PS 216" Lap Doo~s, w;Side Dump, Cornmeraal Chassis Compt (1) Hard Suction Hose, PS Doors, Lap w/'D' Handle, Side Crop(, No Rear Compt Req'd - El!ipticat Shelves, Adjustable, 215t/Capacity one in each compadrnent Shelf Tracks one in each coml~.rtmenl Rubrail, .Aluminum Extruded. Sine of Body Rear Fender Crowns, S/S, Two Pair Hose, Hard Suction, 6.00', Kochek, Clear Corrugated Handrails, S~e Pump Panels Corn. pt, Nr Boltle in Fender Panel in mar wheel well area No Extension Ladder Re:I'd No Roof Ladder R~'d No Folding Ladder Req°d Steps, Folding, Front of Body', Elliptical, 2DS, 1PS No Rear S~ep Required Pump, 1250 CSY Single Stage,Waterous Packing, Grafofl, Waterous Transmission, Pump - "YBX",Watemus 2010 Golden Gate Fire Control & Rescue Oislr,:t Price " 0 i 0 ! 0 1 0 1 24,6!0 1 0 1 ~,899 0 0 3,594 1 0 1 1,2! 7 0 0 1,428 250 727 629 727 629, 0 776 0 2~366 ..................... 0 2,386 0 C 0 358 332 0 973 1,520 0 1,412 0 0 0 0 16,327 APR-kD9-2001 09:59 TEN-8 FIRE EQUIPMENT 9~1 ?$6 2598 ,1~101 Line 131 132 133 134 135 136 137 138 139 140 141 142 143 144 146 147 148 149 151 152 153 154 155 156 157 158 159 160 161 PRIDE # Type 0014480 00O3148 0004547 0014486 0004517 0010449 0024543 0004575 0004560 0004590 0004602 0064656 0004645 0OO4646 0014650 0084605 0004660 0004680 0016158 0034720 0O04700 9029043 0027900 0004~0 0004945 0005O3O 0029137' 0014942 0085076 0005043 _Component Shift, AJr wi Manuai Over, Split Shaft PTO,Watemus TransmiSSion Lock-up, MD and HD Auxiliary Coding System (No Transfer Valve Required on 1 Stage Pump) Valve, Relief Intake, Elkhart Controller, Pressure Commercial Chassis DDEC Engine Primer, Hale, ESP, For,An Other Pump Warranty, 2 year Waterous Manuals, Pump (2) ' Pump Test.. Third Party Plumbing No Foam Plumbing (No Foam System) Inlets, 6.O0' - 1250 GPM or Larger Pump Cap, Long Handle Pump Inlet, NST Shod Suction Tube, 8otb Sides Valves, Waterous Side with Akron Inlet, LH Side, 2.50" gated Inlet, RH Sale, 2.50" gated Valve, Inlet(s) Recessed, Side Cntrl. 'Control Zone" Anode, Zinc, Pair, Pump Inlets Inlet Control At Valve Valve, .75 81eerier,Aux. Side Inlet Line. 3.00' Tank to Pump Tank Fill, 2.0' Ou0et(s), LH Side, 2.50' OuUet(s), RH Side, 2.50' Outlet, RH, 3.00' w/3.00' (added) No Large Diameter Discharge Requested OuUeL Frt t.5" w/2' Plmb, Swivel, in Bmpr Tray d) center Caps for 1.50'- 3.00' Discharges Valve, Bleeder - .75" Quarter Turn 1 1 1 Price 0 0 0 0 1,651 2,049 542 0 0 0 0 0 0 0 0 0 775 775 0 2!7 0 0 0 664 2,224 1,112 1,645 0 1,453 ! 0 1 0 163 164 185 166 167 165 169 170 111 172 173 174 176 176 177 17'8 179 180 181 182 183 184 ~0-~ .......... El~e'~ 45 Degree - 2.$0'-Outiets LH 0025091 0045097 0007308 0005040 0005065 0009964 0029304 0005070 0087160 0029167 0029198 O064149 0005200 0O44333 0030010 OO12126 0045465 0007530 0005520 0005578 0035501 0005599 g:29:07AM Elbows, 45 Degree- 2.50" Out,ets RH Elbow, 3' FNST x 5" Storz w!Cap No Elbow for Large Dia Discharge Control, Outlets Outlet, 3.OO" Deluge (Riser) Monitor, Akron 3423 No Nozzle Req'd Deluge Mount, NPT No Deadiay Req'd.,. Elliptical Tanker Cmsslays Sngl Shoe{ unpainted, (2+) 1.50", Std. Cap No 2.50" Crosslay RequesTed Deadlay(s), Crosslay style, Any CapacLb, as much as possible of 3' double jackal Cove~, Crosslay, Alum T~aOplate No Foam System Required No Foem Discharges CAF Compressor Not Required No Foam Tanks Required Pump House. Side Control 4Z', "Centre[ Zone" Black Vinyl Pump and Gauge Panel Panel, Pump Access. Pass Side OnJy Pumphouse ~'ucture, Std Height Gauges, Engine- Pump Panel 2010 Gelde~ Gate Fire Ccn(~ & Rescue Distnc~ 0 0 0 1,290 2,826 0 0 0 2,982 0. 828 34O 0 O' 0 0 O 0 0 · JUL 3 ! 2001 APR-EY'¢-2001 10:OO TEN-8 FIRE EGJJIPNENT 941 ,'756 Line PRIDE # Type Component 185 0005601 186 OOO7541 387 0005635 188 0005575 189 0O09152 190 0005689 191 OOO6542 192 0038752 193 0OO6774 194 OO17O09 195 0005897 196 O0O9O41 197 OO65914 198 0075907 199 0005937 2OO 0005926 201 0O05920 202 OOO5945 203 0005947 2O4 OO05942 2O5 0087125 206 0005964 207 0085555 208 0066052 209 0006061 210 O006133 -" ~,, ~ u~133 212 0006145 213 0018174 214 '~56309 215 0020388 216 0O66460 217 0O35525 2!8 0OO6553 219 0007150 220 0037022 221 0007210 222 ~2!7263 223 0357205 224 0007230 Pdce Throttle Induded w] Pressure Controller Indicator Ughts ~) Pump Panel. Electronic Engines Hourmeter, Pump Tag, Color Coded. A~I Discharges Gauges, 4' IV[aster. NoShok, SIS Case, 30'-0-600psi Gauges, 4 5" Master. Class 1, 30'-0-600psi Gauge, 2.5" Pressure. NoShok, S/S Case, 30'-0-400psi Gauge, Water Level, Incand 5 Light, Pierce/lC NO Foam Level Gauge Req'd Light Shield Assembly, Side Mount, Stcl Wiring, Commercial Chassis Lights, Step (4), Weldon mo(lei 9186-23882-30 Tail-Lights, Weldon model 3750 Td-Light Cluster Lights, Backup, Included in Weldon light cluster (triple or quad) Light. Do not move apparatus, Commercial Light, Open Dna'. Corem Sld Ughts, Compt, True-Ute moOe[ 79384 Light, Pump Compartmenl Perimeter Scene Lights. Cab Exit Areas, NFPA ($TD] Cab, 2dr Commerdal Perimeter Scene Lights, Pump Panel/Rear Step Area Parking brake Light. Scene, (2) Weldon 2010 Rect, Rear a)ddver sw panel Lights, Weldon 2010 Rect. w/26 degree angle mtg. on side of tank, one pair forward and one toward rear cab rocker swilctl No Lights Req'd. Rear Deck Air Horns, (2) Grover in Bumper Outside ~rame outside of frame Lanyard Control forAir Horns a) drivers side Siren, Code 3 3692 L~tJon, Electronic Siren, Commercial Switches, Horn Button and Officer Toe- F~ Siren Speaker, Code-3 PB100C, Chrome, recess bum~r siren head Lightbar, Whelen, Edge 9308NFPA, Red & Clear Lens light, Side Zorle Lower, Y, Jhelen 6E Linear Strobe w/Flange, 2pr centered belween the wheel openings a) red a)red l:))each side bumper Lights, Rear Zone Lower, Whe~en 66 series Linear Strobes. w/FLANGE on th,$ .rear a) red LighL Rear Zone Upper, Whelen RB$ Beacon, Red Light, Rear Zone Upper Block. Whet~ 6E L;n S:robe at the rear Bag of Nub apd Bolts Soft S,..,c~n Not Required Paint, Two Tone, Cab. Custom Cab/Commercial Cab red ,'4'90 Paint Chassis Frame Assy, Job Color. RspnddSuburb Warrant/, Standard Paint Compartment paint, Spatler gray 0 0 142 279 0 5O 0 342 0 0 0 0 0 0 107 0 0 0 288 1 440 ! 234 2 952 0 502 I 229 1 379 .0 0 698 1,956 893 594 3~0 578 0 575 0 4,'9101 729:07AM 2010 Golden Gate Fire Control & Rescue DistrL"t APR-E~B--2001 10:00 TEN-E; FIRE E~JIPMENT 9-"'1 ~ ?"':~ F'.Et6/0? Line PRIOE ~¢ Type 225 0068338 226 0027356 227 0027372 228 0007246 229 000OO89 230 0O00014 231 0004713 232 0020011 233 O02'2932 234 0O28047 235 002O008 236 0020007 237 002D909 Component Qtv pdce Reflective 8and, a) white ~) white ~v) white Reflective, Cab Face, Below the Grille Lettering Speci§ca~ons, (GOLD STAR Proclass) Lettering, Gold Leaf 3" w/out!ine & shade (41-60) ELL I PTICAL TAN KER COMMERCIAL CHASSIS ENGINE, OTHER WATEROUS PUMP POLY E.TANK NO FOAM SYSTEM SIDE CONTROL AKRON VALVES ASS SYSTEMS, Commercial 350 71 0 673 0 0 0 0 0 0 0 0 0 Total .ist: $233,835 pi~ ,,,' AGENDA JUL 31 2001 pg._. ,+,,'9/01 9:29:07AM 2010 Golden Gate Fire Comrol & Rescue Oi~rict APR-~-~-2001 10:00 TEN-8 FIRE EF_J_IIPhlEh~T '.~Zl -~-' ~¢, P, 87/0? Summary Chassis Net: Chassis Handling: Body Net: Admini$~atm~: Net Due Pierce: Senaces/Expens~s: STF Components: Sales Supplied Total: $85, ? 79 $~ 7O3 $107,980 $194,853 $0 $6,600 $6,600 Tot~t: $201,453 Per Lake County Contract: Total Net less cost of Base Unit @ net = net cost of options Per Lake Co. add 10% Net cost of Base unit Per Lake Co. add 4% Proposal Price $ 201,453,.00 (136~055,.00) 65,398.00 6,540..00 136,055.00 5~442.00 $ 213~435.00 4/9!01 9:29:07AM 2010 Go!den Gate Fire Control & Rescue Distri~, Pa<:je 7 TO-Al_ F'. ~ 1. Modification No.: 1 Effective Date:' August 1, 2000 i~ZRE. E:r3UTP :...-.;' -',~.., , ,, MODIFICATION OF CON%~CT LAKE COUNTY FLORIDA ., I'2. Contract No.; 99-150 Effective Date; July 22. lggg 3. Contracting Officer. Roseann Johnson, CPFB Telephone Numbec (352) 343-9765 4. Issued By; Lake County, Florids Procurement Services Lake County Administration Building' 315 W. Main St., Suite 416 To,ares, Florida 32778-7800 5. Contractor-Name and address: Pierce Mfg. Inc PO Box 2017 Appleton, W! 54913 A~: Roi0ert Boggus SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing acceptance of the below whiten modification and return this form to address ~hown in Block 4 ~yithin ten fl01 dav~ af'ter, receic~L preferat3iy by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attacr~ to ori~linal of contract which was previously' orovlded. 7. DESCRIPTION OF MODIFICATION: Extend contract through July 31, 2001, per special terms and conditions, item 4, pending an adjustment to performance ~ond per special terms aha contritions, item 27, Contractor's Signature: Not applica~te Name T}tle Distribution: Original- Bid No. 99-150 Copies- Cc:ntractor Firs. Rescue C~ntracting Offic.-r (2) Risk Management / Ten-8 Fire E~uif3ment Inc 9. Lake County, Florida By: Procurement Services Directcr Date AGREEMENT THIS AGREEMENT made this day of ,2001 between the GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 4741' Golden Gate Parkway, Naples, Florida 34116-6901 and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, whose mailing address is 3301 Tamiami Trial East, Administration Building, Naples, Florida 34112 (hereinafter referred to as the "County"). WHEREAS, County has acquired 1,061.5 acres, Iocaled in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a/GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates'; and WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, the County has determined that a disbursement of a portion of said funds to the District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing for the purchase of a 3000 gallon water tanker fire truck, which will provide added fire and rescue protection to the residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated ~ -I'~-(~)~ , approving the use of funds derived from the sale of Property to acquire a 3000 gallon water tanker fire truck. NOW THEREFORE, in consideration of the above premises which are incorporated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: ....... I-. The County hereby agrees to contribute -a-rn,,.--;J,~;~n~ ;f. Cnc. ', Dollars ($110,000.00) of the total funds to be expended by the District for purposes hereinafter stated, (hereinafter referred to as the "Funds"), in accordance with the terms and conditions of tills Agreement, provided said Funds are to be used solely for the purpose of purchasing a 3000 gallon water tanker fire truck, (hereinafter collectively referred to as "Vehicle"). 2. The Distdct agrees and warrants that the Vehicle purchased with the Funds shall be utilized solely by the DistriCt for the primary purposes of providing fire and rescue protection services and said vehicle shall be based and stationed at Station 71 located on 13~h Street SW, Naples, Flodda, said fire station being located within the area of "Golden Gate Estates'. I 3. The District hereby agrees that the purchase of the Vehicle has been or shall be in accordance with all applicable bidding or other requirements?or the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The District hereby agrees that the purchase of the Vehicleshall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or receiving of any goods or services purchased unoer this Agreement. 4. Payment of the Funds for the Vehicle shall be in accordance with the following procedure: (i) After delivery of said Vehicle to the District, the District shall deliver to the Real Property Management Director for approval prior to any payment made to the District: la) Copies of any and all invoices for said Vehicle, clearly stating the purpose of said invoices and indicating that the invoices have been paid in full. lb) A letter from the District, signed by the Chairperson, stating that t; been received and accepted in good order and directing the County to reimburse the I payment of the invoices for the vehicle for purposes specified, in this Agreement. JUL 3 1 2001 (2) Within thirty (30) days after receipt and approval of the above-described documents and verification that all invoices have been paid in full by the District, if-not already provided, a County warrant for payment shall be prepared and made payable to the District and shall be forwarded directly to the District by the County. In no way, shall the total amount to be paid exceed $110,000. (3) The Vehicle shall be purchased by the District within twelve (12) months of the execution of.the Agreement by both parties. In the event that the Vehicle is not purchased by the District within twelve (12) months from the execution of this Agreement, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the District pursuant to lhe provisions of this Agreement. (4) If the District obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of said Vehicle, such gift, contribution or reimbursement shall.be, within ten (10) days of receipt by District, forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. District agrees to prepare and submit the appropi'iate grant applications whereby verification of such application, and its approval or denial, shall be provided to the County within thirty (30) days of submittal and/or receipt. (5) The District covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the District to pay any remaining balance required to complete the purchase of the Vehicle. 5. The District agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of Vehicle in the event the Vehicle is damaged or destroyed. 6. The District covenants and agrees that this Agreement is solely between the County and the District and, although the County shall reimburse the District for all or only a portion of the Funds on behalf of the District, the County shall have no direct or indirect liability to the vendor of Vehicle or any other third party resulting from this Agreement. 7. District agrees to protect, defend, indemnify and hold the County harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the selection, purchase, delivery or use of the Vehicle by the District, its agents, employees, or in any way related to the use of the Vehicle by the District, its agents, employees or any third party. 8. The District understands and agrees that the Furlds to be provided to the District in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the,GAO Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further ~ understar~d~a~'n-d-'~ ';;~a[ ,,,~'ad v~reiTi-t'ax~s,"reve~'laes 'o~' rnOneys form other sources have been commiffed or will be commilted by the Collier County Board of County Commission,ers for the purposes set forth in this Agreement, 9. The District agrees that following purchase, and at all times thereafter, the Vehicle shall be used to provide for fire and rescue protection within the geographical area commonly known as "Golden Gate Estates". This Agreement is not intended, however, to preclude the use of the Vehicle within non-estates areas of the District so long as the primary use is for efficient fire and rescue prOtection services within Golden Gate Estates. 10. In the event that the Vehicle ceases to be utilized by the District as described in. Paragraph 2, or if the Vehicle ceases to be used .in accordance with the terms of this Agreement, the District agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Vehicle as of the date the Vehicle ceases to be used by the District as described in Paragraph 2 or the date the Vehicle ceases to be used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said Vehicle. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. 12. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: t IF TO THE COUNTY: Collier County c/o Real Property Managemer~t Department Administration Building : 3301 Tamiami Trail East Naples, Florida 34112 NO. JUL 3 1 2001 IF TO THE DISTRICT: Golden Gate Fire & Rescue District 4741 Golden Gate Parkway ,. Naples, Florida 34120 13. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: A'FrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~ JAMES D. CARTER, Ph.D., Chairman AS TO DISTRICT: DATED: "~ -- ~ ~ --0 ~ I I ATTEST: ~____~ene A. Smith,-'~.cretary GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT Robert Mast, Chairman Approved as to form and legal rsufficiency, J Heidi F."'A~'~to~ Assistant County Attorney JUL 3 1 2001 I-5 _ EXECUTIVE SUMMARY APPROVE A RESOLUTION TERMINATING THE OLD MARCO VILLAGE WATER & SEWER DISTRICT FUND IN ITS ENTIRETY OBJECTIVE: To obtain Board approval for the termination of the Old Marco Village Water & Sewer District Fund as a budgetary item. This fund provides no function and needs to be terminated as an existing fund to simplify the budgetary process. CONSIDERATION: The Office of Management and Budget is in the process of having old funds deleted. As long as these remain, the Property Appraiser must certify the taxable value of each to the Board of County Commissioners on an annual basis. These certification forms are then reviewed by the OMB staff, signed by the County Manager, and forwarded to the Florida Department of Revenue for review and processing. This fund was created after approval by a straw vote referendum on February 5, 1974. Them are no funds in this account, nor have there ever been. It serves no purpose and is not needed by the County. FISCAL IMPACT: The termination of this fund will serve to simplify County budget preparation. GROWTH MANAGEMENTIMPACT: There is no Growth Management impact associated with the proposed termination of this fund. RECOMMENDATION: That the Board of County Commissioners approve a Resolution terminating the Old Marco Village Water & Sewer District Fund, and direct that it be removed from the County's budget. Prepared by: J~c4ueli~J~ Hubba)d kobinson, Assistant County Attorney Date: Reviewed and Approved by: Michael Smykowski, Budget Director Date: Date: AGENDA ITEM JUL 3 1 O01 Pg.., / 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 41 42 RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COM~4ISSIONERS TERMINATING THE ~OLD MARCO VILLAGE WATER AND SEWER DISTRCT" FUND AS A LINE ITEM OF THE BUDGET OF COLLIER COUNTY WHEREAS, the "Old Marco Village Water and Sewer District" Fund has been listed as a budgeted fund item for Collier County since at least 1974; and WHEPoEAS, the written records and documentation pertaining to the "Old Marco Village Water and Sewer District " fund establishes that this fund was created after approval by a straw vote referendum on February 5, 1974; and WHEREAS, there are no funds in this account nor have there ever been and it is no longer needed as a fund by Collier County; and WHEREAS, the continuation of this fund as a budget item requires the creation of unnecessary documentation regarding value certification and other matters pertaining to ad valorem taxes; and WHEREAS, it is in the best interest of the Collier County budget process to terminate this fund. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The ~Old Marco Village Water and Sewer District" Fund, shall t~rminate and no longer be reflected as a separate budgetary line item fund of the budget of Collier County. This Resolution adopted this day of July, 2001 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency: '~J~el~ine a~b~ar-d Robinson ~sI'stant County Atto~ey JAMES D. CARTER, PhD., Chairman AGENDA~ JUL 3 1 200! pg. 2.-- EXECUTIVE SUMMARY APPROVAL OF THE FLORIDA ASSOCIATION OF COUNTIES STATE LEGISLATIVE SURVEY OBJECTIVE: To forward Collier County Government responses to the Florida Association of Counties State Legislative Survey. CONSIDERATION: The Florida Association of Counties (FAC) distributed its annual survey to determine what issues are important at the local County level. FAC distributes this survey to assist in forming a FAC platform for the upcoming legislative session. The survey was forwarded to all appropriate County Departments and constitutional agencies and compiled by the County Manager's office. Attached is the compilation of responses to these questions for the Board's review, comment and formal approval so that the survey may be submitted by the August 6, 2001 deadline. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached responses to the Florida Association of Counties Legislative Survey. SU BMITTE D ,I~_~~ ·/,~/~ °~~~ Beth Walsh Assistant to the County Manager Date: Date: SURVEY RESPONSES DUE: AUGUST 6, 2001 FAC CONTACT: CAROL BRACY (cbracy@fl-counties.com) LEE KILMNGER (Ikillinger@fl-counties.com) OPEN CONTRACTING LAW Last session, a bill was introduced which would have prohibited public entities from imposing requirements relating to labor organizations as a condition of procuring products or services or letting contracts for public works. The bill would have exempted bidders, offerors, contractors, or subcontractors from the prohibition if agreements with labor organizations were made voluntarily and without coercion. What are your county's views about such legislation? From a purchasing perspective, we would be highly opposed to such a bill. This bill is written very broadly and appears to include a prohibition of not only project labor agreements (PLA) but also would prohibit language in bid documents that pertains to hours of employment and working ',nditions. Such legislation may restrict the choice that a procurement office has in choosing the ,'eements or language best suited to the situation. COUNTY CONTACT: Kelsey Ward or Gwen Butler PHONE: 941/774-8407 EMAIL: KelseyWard @ colliergov, net or GwenButler @ colliergov.net PRIVATE BUILDING INSPECTORS Last session legislation was filed that would have created a program to allow private entities to retain a private building inspector for commercial buildings. In the end, the bill did not pass, but the Legislature established a building and construction task force to recommend a procedure by which pdvate building inspectors couldbe used. What are your county's views on such a process? Please provide specific comments on the potential impacts to your county. Collier County would strongly recommend not pursuing this due to past experiences unless provisions were implemented to protect the community from substandard inspections. Collier County embarked on private inspections approximately 4-5 years ago. After approximately 6 months it was found that there was too much developer influence on the private inspectors. On doing follow-up inspections we found numerous code violations. It was a case of the fox watching the henhouse. The County will allow threshold inspector's to do structural components on any job however. ~"'OUNTY CONTACT: John Dunnuck tONE: 403-2385 EMAIL: JOHNDUNNUCK @COLLIERGOV. NET P~el RIGHT-OF-WAY AUTHORITY Local authority to regulate and control public right-of-ways is under constant challenge. Private interests wish to make use of these public areas with increasingly less local regulatory requirement review. Has your county experienced any conflict with those private interests making use of county rights-of-way? Please indicate the nature of the conflict and the industry involved. Public Utilities -We have experienced problems in the ROW with the TECO Gas distribution system. Contractors working for TECO Gas have not taken appropriate measures to ensure that the integrity of our water distribution system is not breached. Local Utility companies using directional bore equipment have caused numerous problems in the Utilities ROW by hitting and damaging Utility water/wastewater lines and laterals. Recently TECO/Peoples Gas installed transmission and distribution gas mains, in some instances, the gas mains were installed where other public utilities were going to be placed, thus causing County to redesign. Community Development- We occasionally experience conflict, but we feel it is in the best interest of Collier residents to know and be involved in the permitting of activities within the right-of-way. It otherwise poses logistical problems as we continue to expand and construct roads, not having the control of what is placed in the right-of-way. As FAC is aware, Collier County was one of the few counties that stood up to the simplified communications tax. One of the issues we successfully watered down was the control of right-of-way permitting. We will continue to protect our interest while working on a plan to charge a linear fee for the maintenance of the road. COUNTY CONTACT: Paul Mattausch, Water Director and/or Joseph Cheatham, Wastewater Director PHONE: Water (941) 352-7002 Wastewater (941) 594-1731 EMAIL: paulmattausch@collierqov, net OR iosephcheatham@colliercjov, net PLEASE PROVIDE COMMENTS ON OTHER STATEWIDE LEGISLATIVE ISSUES IN THE ADMINISTRATION AREA (e.g,_transportation, personnel/employee benefits, building codes, specialty licenses, animal control, code enforcement, etc.) FAC CONTACT: BOB MCKEE (bmckee@fl-counties.com) STATE BUDGET PROCESS The State Budgetary process has gone through some dramatic changes over recent years with respect to member project funding. The Governor's funding criteria has resulted in many member projects that were determined to have less than statewide impact not receiving funding at the state level. Has your county seen any increase in the requests for local funds for projects that had either been proposed or traditionally funded at the state level as member projects? If so, what has been the budgetary impact over the last three fiscal years? Page 2 JUL 3 1 2001 Transportation - A growing percentage of the state and federal transportation funds in the FL Dept of ~-ransportation Work Program is for the Florida Intrastate Highway System (FIHS) and,as such, 'tributed statewide out of Tallahassee on a needs basis. Fewer funds are being provided to the ~;ounties based on the Statutory Formula (population and gas tax collections) for the balance of the State Highway System (SHS) and local arterials. For Collier County, this presents some significant problems because there are very few SHS miles in the county and only the Interstate is on the FIHS. As Collier continues to be one of the few counties to impose the maximum Local Option Gas Taxes, its efforts to fund its needs reduces its needs relative to the statewide distribution formulas. The lack of FIHS projects beyond the Interstate, at a time when more and more of the available $ are being committed to the FIHS, means that Collier is not even in the hunt for the funds. As such, we need to advocate inclusion of SR29 onto the FIHS, support and pursue continued and expanded funding of the County Incentive Grant Program (which recognizes local self- help), the Transportation Outreach Program and other discretionary programs that are available, but the competition from larger areas for these funding sources is significant as FDOT decides which projects to program. The push by others and us is to encourage more member projects that the Governor has vetoed if they are not included in the state processes. COUNTY CONTACT: Norman Feder PHONE: 774-8872 EMAIL: NORMANFEDER @COLLIERGOV.NET STATE TAX REFORM Senate President John McKay has been advocating for State Tax Reform that would consist of ~-'-'-oadening the state sales tax by repealing certain exemptions or expanding the transactions to ,ich the tax applies, and reducing the overall sales tax rate. If local government shared revenues are not affected, what is your county's general position on this type of tax reform? In concept, Collier County would not oppose a broadening of the sales tax base in order to reduce the overall sales tax rate, assuming that any change would be revenue neutral to counties and municipalities. A final Collier County position on this issue would be determined upon notification of the sales tax exemptions being repealed or the proposed expanded transactions to which the tax would apply. Are there other county revenue sources for which your county would like to see changed and if so how? Provide local discretion (through a super-majority vote of the Board of County Commissioners) to implement the infrastructure sales tax. Provide for indexing of gas taxes to inflation. COUNTY CONTACT: Michael Smykowski PHONE: (941) 774-8088 EMAIL: mike smykowski @ colliergov.net IUTH IN MILLAGE JUL 31 200~ pg. L~ l'he Truth in Millage (TRIM) process is meant to inform a taxpayer of the effect of changes in the property tax base in the establishment of local budgets. However, the practical implementation of TRIM has been to force local governments to send a "Notice of Tax Increase" even in cases where Page 3 the local government has reduced the millage rate for the coming year. What has been the experience of your county with the TRIM process? Collier County has advertised a tax increase in cases where the millage rate for the coming year was reduced from the prior year, as it exceeded the rolled-back millage rate. Allowing for recognition of changes in price levels in the TRIM process would reduce the number of local governments that have to report a tax increase to property owners. Does your county believe that in determining whether a tax increase has occurred, the prior year budgeted amount should be adjusted to reflect increased costs due to inflation? Would recognition of changes in pdce levels within the TRIM process reduce confusion? No. The addition of another variable to the TRIM notice would, in all likelihood, create additional confusion. The notice already includes three columns of numbers (prior year actual taxes, current year proposed taxes with budget changes, and current year proposed taxes if no budget changes are made), plus additional columns identifying the market and assessed values, applicable exemptions, and the resulting net taxable value. COUNTY CONTACT: Michael Smykowski PHONE: (941) 774-8088 EMAIL: mike smykowski@colliergov, net PLEASE PROVIDE COMMENTS ON OTHER STATEWIDE LEGISLATIVE ISSUES IN THE FINANCE & TAXATION AREA (e.g., local government revenues, state appropriations issues, revenue flexibility, telecommunications, etc.) FAC CONTACT: PALMER MASON (pmason@fl-counties.com) ANNEXATION Various counties have expresse~d concern about the current annexation process. The concerns range from disrupted delivery of services and public infrastructure to poor land use planning. Generally, describe your county's experience with annexations. If applicable, please provide specific examples of conflicts or concerns. There are only three cities in Collier County, Naples, Everglades City, and Marco, the newest being Marco which incorporated in 1998. Only Naples has undertaken any annexations, which have been limited to subdivision size parcels. Naples has shown no "political ambition" to swallow up large land areas in the county and the Board of County Commissioners has generally remained neutral on the individual annexations. There have been no significant issues associated with the delivery of services or public infrastructure associated with annexation to date. What statutory or policy changes would be recommended to correct or prevent the problems experienced in your county? Annexation is a natural political process for cities to expand their boundaries to add urbanizing areas for revenue, public safety services, and increased political influence at the state and local level. Florida Statutes currently contain adequate criteria and safeguards against ~,,~l~~on without participation of the electorate.Page 4 ..cOUNTY CONTACT: John Dunnuck ONE: 403-2385 r-MAIL: JOHNDUNNUCK@ COLLIERGOV.NET COMMUNITY REDEVELOPMENT AGENCIES Community redevelopment agencies (CRAs) are special districts intended to revitalize distressed areas by redirecting increases in property tax to that area. Some counties have voiced concern about CRA's establishment or expansion. Generally, describe your county's experience with CRAs. If applicable, please provide specific examples of conflicts or concerns. The Collier County CRA was established in March 2000. The CRA has two component areas: Immokalee and Bayshore/Gateway Triangle. The redevelopment plan was adopted by the CRA in June 2000 and advisory boards have been established for both component areas to assist the CRA during implementation of the redevelopment plan. During the creation of the CRA and the development of the Redevelopment Plan, the county received the expected amount of concern regarding the definitions of blight, the "taking" of property and the perceived lack of community involvement. The community was, however, very involved during the process and over the years preceding the development of the plan. Many workshops and meetings were held in the community and the various public hearings were publicized as required. Mailing lists generated by the county property appraiser were also very useful for getting the information out. Community involvement has continued to be a focus of the CRA made possible through the establishment of the CRA website, the regular meetings of the advisory boards and coordination with neighborhood groups that are forming -~the community. The CRA has also been diligently working to address the concerns about eminent nain, making it clear that while eminent domain is still seen as an important tool for the CRA, it is considered a last resort only. Various counties have criticized the definitions of "blighted" and "slum area" in Part III, Chapter 163, F.S., as too expansive and lacking meaningful criteria. Some counties have also suggested that CRA trust funds have overly long life spans. Would your county agree with these observations? I'm not aware that the definition of "blight" was considered too expansive or lacking meaningful criteria during the establishment of the CRA. The only knowledge I have about the concerns of "blight" was how people reacted to having their area called "blighted" or considered a "slum". These are harsh words for neighborhoo_ds and commercial districts that while deteriorating are still functioning at some level. The 30 year life span of the CRA will allow Collier County's CRA to borrow and bond the TIF money, thereby making it possible to make improvements early and pay them off over the long term when the TIF money has accumulated. The Collier County CRA, like many CRA's is getting a slow start as far as the TIF money is concerned. This is to be expected initially, but the long life span means that over the next 30 years, the increase in property values has a greater and greater chance of benefiting the redevelopment areas year by year. Since a CRA may abolish itself at anytime, the lifespan is effectively limited to the length of time that the "political will" of the community will sustain it. Are there other statutory or policy changes that would be recommended to address these or any '---"her CRA issues? The original CRA legislation was intended to address housing issues in "blighted" areas of Florida's major cities. The term "blighted" has become obsolete in that CRAs now address a broad spectrum of redevelopment goals and needs within the standards of individual co~m.~.'_~. The "blight" ,,5, ',- Nol ~c, ,''-, reference should be removed from the statute and be replaced with test criteria with more positive connotations. COUNTY CONTACT: John Dunnuck PHONE: 403-2385 EMAIL: JohnDunnuck@collierclov. net FAILING WATER & WASTEWATER UTILITIES Over the past year, there have been various instances where counties have acquired failing privately owned water and wastewater utilities. During the 2001 Session the Legislature passed CS/HB 589 to start a pilot program to address these issues. Is your county experiencing any fiscal impact as a result of failing pdvate water and wastewater utilities in this area? Please provide specific examples. None for water ... yet. Several private wastewater collection systems are experiencing Inflow/Infiltration problems. The county has experienced higher maintenance and electrical costs for downstream lift stations. Under most conditions when the county takes over a private wastewater system it is in a failing mode. An example is the cost of repairs to a private system called Port Au Prince will cost the county rate payers over 1.2 Million dollars to bring it up to County Standards Yes. (1) Falling Waters developer walked away from water utilities thus the County was forced to construct water line and fire hydrant. (2) Rookery Bay Utilities had two package plants in non- compliance with FDEP. County took over ownership and is now stuck with substandard collection system. Suggest that all private utilities post bonds, like a performance bond, payable to the state or county. What statutory or policy changes would your county recommend to address these problems? Funding mechanisms should be in place to assist county utilities in the acquisition, operation and maintenance, and necessary rehabilitation to bring the acquired utility up to minimum compliance levels. COUNTY CONTACT: Thomas ~Vides, Public Utilities Operations Director PHONE: (941) 732-2553 EMAIL: TOMWIDES @ COLLIERGOV.NET YES Does the State's Solid Waste Management Trust Fund still serve important soil( should the monies in the trust fund be put to other uses? RECYCLING Dudng the 2001 Session, the Legislature drastically cut solid waste recycling and education grants to the counties. However, state law still imposes waste reduction and recycling requirements on the counties. In the absence of state funding, should state law still impose waste reduction and recycling goals on the counties? Would your county support a policy of granting local go~ regulatory flexibility to meet state waste reduction and recycling goals? No._~(~~--~C:~ JUL 31 2001 pg.. Page 6 ,~Vhat statutory or policy changes would be recommended to enhance the state or local recycling efforts? Different formula for: 1) C & D recycling rates 2) Bio-recycling rates 3) Current rates 4) Total of above should give better idea how each county is doing. COUNTY CONTACT: G. George Yilmaz or Denise Kirk PHONE: (941) 732-2508 EMAIL: GEORGEYILMAZ@COLLIERGOV.NET OR DENISEKIRK@COLLIERGOV.NET WATER & LAND USE PLANNING I WATER SUPPLY Under our current governance framework, local governments exercise land use planning while water management districts direct water use planning. Several bills debated last session would have changed this traditional division of responsibility by requiring local governments to consider water supply availability in their comprehensive plans. Also, other water supply issues such as water conservation and re-use/reclaimed water are likely to be considered next session. Is your county experiencing water supply issues that can be attributed to insufficient land and/or water use planning? Utilities - I think that water supply availability needs to be an integral part of the comprehensive planning process. I am also supportive of water conservation and reclaimed water re-use, and .... ~)port requisite conservation and re-use legislation. I believe that we have been proactive, and are not currently adversely affected by insufficient planning. Many water supply issues go beyond the jurisdiction of the Water Management District. Local/County government should consider water supply availability in planning as with sewer service. In Collier County we do this already. Therefore legislative support in this area would be desirable. Community Development -Land use decisions, such as rezoning and building permits, at the local level are currently made in a vacuum relative to the long-term impact on fresh water resources, ground and surface. As a result, southwest Florida is rapidly approaching year round phase II water restrictions imposed by the water management districts. There also appears to be a disconnect between permitting decisions for agriculture pumping from the aquifers vis-a- via the needs and "rights" of an ever growing residential population and commercial/industrial enterprises. Should counties be required to consider water supply availability when applying their comprehensive plans? Should counties be required to treat water supply availability as a concurrency issue similar to roads or sanitary sewer? Please provide specific reasons in support of or against such policies. Utilities -Yes. Without concurrency, we would be unable to provide sufficient quantities of potable water. We were in that situation only two years ago, and don't intend to be there a~: ~;, tter and sewer are both utility systems; they are a part of the infrastructure nee~ ~d TO. rUL 3 clevelopment so there is no reason to exclude water planning from the process. Pg. Community Development - One of the greatest shortcomings of the "Growth Mar; ~gement Act" ~s ~ts failure to address fresh water sources as a Category A facility made subject to the concurrency rules. Page 7 Under the current Florida Administrative Code, a community can build many MGD of excess water treatment plant capacity, meet the concurrency requirement, and continue to issue building permits when the availability of ground or surface water supplies to service the population is in serious doubt In conclusion, fresh water supply, ground and/or surface, should be brought under the concurrency requirement with a minimum Level of Service Standard (LOSS). What other statutory or policy changes would your county recommend to address water supply issues, including water conservation and the promotion of re-use/reclaimed water? Utilities - There should be a requirement for the installation of dual distribution systems in any new construction, so that when reclaimed water is available, the infrastructure is already in place. Construction of the dual distribution system is much less expensive during initial construction than through retrofit. Community Development - All future development should be regulated to encourage the installation of native vegetation or xeriscape, and all future ornamental irrigation should be limited to re- use/reclaimed water. The use of potable water should be prohibited outright for ornamental irrigation or be subject to punitive rate structure. Collier County has a very successful potable water sellback program in place for many golf courses. The State should look at incentives or other communities to follow our lead. COUNTY CONTACT: Paul Mattausch, Water Director PHONE: (941) 352-7002 EMAIL: PAULMATrAUSCH @ COLLIERGOV. NET ZONING OF MANUFACTURED HOUSING Does your county have any concerns regarding their zoning authority over manufactured homes? If so, please specify those concerns or issues and identify recommended statutory or policy changes. As land values rise there is a concern from the community that people will opt for less expensive prefabricated homes thus bringing down the property values in their respective communities. In this regard, the State should provide Counties with the flexibility to determine where manufactured homes may be constructed / zones. This is one issue that the County would prefer to have flexibility and control over. COUNTY CONTACT: John Dunnuck PHONE: 403-2385 EMAIL: JOHNDUNNUCK @ COLLIERGOV.NET PLEASE PROVIDE COMMENTS ON OTHER STATEWIDE LEGISLATIVE ISSUES IN THE GROWTH &ENVlNRONMENTAL AREA (e.g., affordable housing, community development/redevelopment, land use, alternative water supply, etc.) The identification of alternative water supplies should be a requirement in comprehensive planning in areas under stress from extensive development and limited water supply. Aquifer Storage and Recovery should be an approved and recommended alternative supply of water for potable and re-use systems. Page 8 ,C CONTACT: JOE ANNE HART (jahart@fl-counties.com) COMMUNITY CARE FOR THE ELDERLY (CCE) CASE MANAGEMENT CCE lead agencies provide case management services for elders to assess their health and mental condition, while recommending additional services that may be beneficial to the needs of the client. Them is an attempt to transfer case management services from CCE lead agencies to Area Agencies on Aging (AAA). AAAs are the administrative entity that handles the contracting and monitoring of CCE lead agencies. If your county provides this type of service, please specify how this type of transfer of service will impact the current CCE program. Please list the pros and cons of maintaining case management solely as a function of CCE lead agencies. Collier County's CCE pro.qram would cease to exist. PROS- LOCAL LEVEL INVOLVEMENT & INTERACTION WITH CLIENT & OTHER HELPING AGENCIES, TIME & COST EFFICIENCY, BD OF COUNTY COMMISSIONERS FINANCIAL & PROGRAMMATIC SUPPORT. CONS- WE CAN SEE NO ADVANTAGE IN TRANSFERRING THESE RESPONSIBLITIES TO DISTRICT WIDE AAA'S. COUNTY CONTACT: Martha Skinner/John Ferrell PHONE: 774-8443 EMAIL: MARTHASKINNER @COLLIERGOV.NET ....... ~DICAID NURSING HOME COSTS ,rrently counties are mandated to reimburse the state for Medicaid nursing home costs at $55 per eligible recipient per month. If counties were granted flexibilitY in how to spend their Medicaid nursing home match, how would your county use these dollars to increase funding for alternative care to nursing homes for the elderly. Perhaps these funds could be used for in-county housing programs such as assisted living facilities, foster homes, and group homes to provide alternative elderly housing. COUNTY CONTACT: Martha Skinner PHONE:774-8154 EMAIL: MarthaSkinner@ Collier§ov.net PLEASE PROVIDE COMMENTS ON OTHER STATEWIDE LEGISLATIVE ISSUES IN THE HEALTH & HUMAN SERVICES AREA (e.g., family assistance, Indigent health care, job training, child care regulation, Medicaid, homelessness, mental health & substance abuse, etc.) Dr. Joan Colfer Indigent Care - Collier County has engaged in an extensive two year community planning process intended to address the problem of indigent health care. We estimate that approximately 30,000 of our residents between the ages of 19 and 64 are without health insurance. These are predominately working people who hold jobs with small service related companies that either offer no health ',urance benefits or offer it at rates that their employees cannot possible afford. Statewide there are few insurers interested in providing coverage in Florida. Part of that is because of the cost of state mandates in addition to federally mandated benefits. But there is also no state requirement for businesses of any size to offer insurance to their employees, thereby lessening the Page 9 demand for health insurance as a product. Without demand and by increasing mandated benefits we have few insurers. With few insurers there is little competition to lower prices. What is needed is to seriously look at any state mandated benefits and consider foregoing them in the interest of developing a Iow cost outpatient based health insurance program for the states working poor. This could be further defined as those at or below 150% of poverty. Legislation is then needed to require companies with a minimum number of employees to provide this Iow cost health insurance product though an insurer to this population. This would undoubtedly save lives as people with incipient medical problems would have the opportunity to seek medical care early in the continuum of there disease. Furthermore, every county in Florida would not be trying to develop, implement and fund there own health insurance program. Martha Skinner PLEASE NOTE: If the Medicaid Nursing Home issue is brought up, I'm concerned that the legislature will once again realize that the capped amount of $55 per client, per month, is unrealistic and will decide to increase the county's share of cost significantly. My suggestion at this time is to "let sleeping dogs lie". Page 10 Executive Summaries Approved in Boards Absence Summer Recess 2001 o 10. 11. 12. 13. 14. Approval of Budget Amendment Report - BA #01-365; #01-367. Award a Construction Contract to Better Roads Inc., to construct the proposed Livingston Road Six Laning Phase II, from Golden Gate Parkway to the Community School Entrance North of Pine Ridge Road, and allocate $850,000 (10% of the construction cost) for contingency purposes. CIE No. 52, Project No. 60071, Bid No. 01-3241. Award Construction Engineering Inspection (CEI) Services Contract to KCCS, Inc. for the six laning of Livingston Road Phase II. Project No. 60071, CIE No. 52, RFP No. 00-3078. Approval of Budget Amendment Report - Budget Amendment #01-371; #01-372; #01-373. Approve a Budget Amendment to transfer funds into the Livingston Road (GG Pkwy to PRR) 60071 to cover increased costs for order of takings and to relocate FPL Power Poles. Approve a Budget Amendment transferring funds within the Support Services Division for the completion of assorted moves. Approve a Budget Amendment to recognize additional revenue and appropriate funds as an operating expense. Approve Emergency Purchase Order to Florida Governmental Utility Authority (FGUA) for the installation of water meters at the new Golden Gate Government Service Center. Approval of Budget Amendment Report - Budget Amendment #01-374. Approval of Budget Amendment Report - Budget Amendment #01-402. Approve Budget Amendment to increase appropriations in Capital Recovery Fund (522) to replace a vehicle destroyed by accident, using reserves and recognized insurance revenues. Authorize waiving purchasing policy to purchase gasoline and diesel fuel from Evans Oil Company without formal bidding. Board approval to purchase one (1) Medium-Duty Advanced Life Support Ambulance from American LaFrance Medic Master Corporation using the Florida Sheriff's Association Bid #00-08-0905. Approve a Change Order for redecking of boardwalks at Tigertaii Beach Park. 15. Approve $84,200 in funding for the replacement of a backup battery system for the Tax Collector and Property Appraiser's Building. 16. Approval of Budget Amendment Report - Budget Amendment #01-395, #01-391. APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 7/31/00) GAC Land Trust (Fund 605) Budget Amendment #01-365 Operating Expenses .Reserves Reserves for Future Const./Improvement $3,500 (3,5OO) Total: -0- Explanation: Funds are needed for appraisal fees due to a high activity in prospective purchases of land within the GAC Land Trust. Neuter/Spay Trust Fund (Fund 610) Budget Amendment #01-367 Operating Expenses: Veterinarian Fees $20,000 Reserves Reserves for Contingencies (5,000) Reserves for Capital Outlay (15,000) Total: -0- Explanation: Funds are needed to pay for Veterinarian Spay/Neuter fees for animals adopted from the County shelter. AGENDA ITEM No .?~~ JUL 3,1 2001 Pg., / ,.,. EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO BETTER ROADS, INC. TO CONSTRUCT THE PROPOSED LIVINGSTON ROAD SIX LANING PHASE II, FROM GOLDEN GATE PARKWAY TO THE COMMUNITY SCHOOL ENTRANCE NORTH OF PINE RIDGE ROAD, AND ALLOCATE $850,000 (10% OF THE CONSTRUCTION COST) FOR CONTINGENCY PURPOSES. CIE NO. 52, PROJECT NO. 60071, BID NO. 01-3241 OBJECTIVE: To gain Board approval to award a contract to proceed with the construction of Livingston Road Phase II, as per certified plans to the lowest bidder, Better Roads, Inc., and allocate $850,000 (10% of the construction cost) for contingency purposes. CONSIDERATION: Four (4) Bids were received on June 21, 2001 from Apac, Florida, Inc., Better Roads, Inc., Westwind Contracting, Inc., and Bonness, Inc., for the construction of Livingston Road Six Laning Phase 11, from Golden Gate Parkway to the Community School Entrance north of Pine Ridge Road. The lowest bid was from Better Roads, Inc., at $8,443,248.42, which was in line with the engineer's estimate. This contractor has demonstrated satisfactory performance on other projects in the past. The construction duration for this project is 365 calendar days. The 10% contingency funds will allow staff to proceed with unforeseen conditions, scope additions & modifications, or any other unanticipated necessary task in a timely and efficient manner. (~I~SCAL IMPACT: Funds in the amount of $4,900,000 are available in Road ~ti~nn ~as ~"ax in project 60071. A budget amendment is needed to transfer $3,543,249 from Livingston Road (CR 862 to CR 896) project No. 62071, into this project. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This project (CIE No. 52) is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a contract to Better Roads, Inc., for the construction of the proposed Livingston Road Phase Il, Bid No.01-3241, and authorize the chairman to execute said contract. SUBMITTED BY: ~'"~~ Mitch Riley, P.E., Senior Project Manager TE & CM Department DATE: REVIEWED BY: Stephen L. Miller, P.E., Director TE & CM Department DATE: Steve Camell, Dir6ctor Purchasing Department DATE: Noi~nan Feder, f. dminis~/t~r ~/l Tran~portatio~)/Divisio~ ~// DATE: EXECUTIVE SUMMARY AWARD CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES CONTRACT TO KCCS, Inc. FOR THE SIX LANING OF LIVINGSTON ROAD PHASE II. PROJECT NO. 60071, CIE NO. 52, RFP NO. 00-3078 OBJECTIVE: To receive the Boards' approval for award of a construction engineering inspection services contract to KCCS, Inc. for the six laning of Livingston Road Phase 1/(From Golden Gate Parkway to the Community School Entrance north of Pine Ridge Road). CONSIDERATIONS: On September 12, 2000, the Board approved Agenda Item No. (16) (B) (8) authorizing staff to begin contract negotiation with the top ranked firm (KCCS, Inc.) to perform construction engineering inspection services for the Livingston Road Six Laning Phase II project during construction. The contract includes fourteen (14) months of CEI services at a cost of $728,349.00. We anticipate the construction to commence by September of this year. It is customary for the CEI consultants to start their activities about a month prior to the actual start of the construction, and continue their efforts for about a month after the final completion of the project. ~C~RoSCAL IMPACT: Funds in the amount of $728,349 are available in the Gas Tax supported ad Construction Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This project (CIE No. 52) is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a construction engineering inspection services contract to KCCS, Inc., in the amount of $ 728,349.00 and authorize the Chairman of the Board to execute said contract. SUBMITTED BY: Mitch Riley, P.E., Senior Project Manager TE & CM Department Date: REVIEWED BY: Steven L. Miller, P.E., Director TE & CM Department Date: d/'2~.~.//,-,~ / REVIEWED BY: Steve Carnell, I~irector Purchasing Department Date: APPROVED BY: Trartsp°rtati°n,Divisi°nt~/ ~// APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 7/31/00) Community Development (Fund 113) Budget Amendment #01-371 Operating Expenses $5,393 Reserves Reserve for Contingencies (5,393) Total: -0- Explanation: Funds are needed for reimbursement to Clerk's Bookkeeping Department for armored car service January through December, 2001; and to pay for additional training expenses. Museum (Fund 314) Budget Amendment #01-372 Operating Expenses $9,100 Reserves Reserve for Contingencies (9,100) Total: -0- Explanation: Funds are needed to pay for completion of permanent Exhibit Hall. Landscape Operations (Fund 101) Budget Amendment #01-373 Operating Expenses $14,200 Reserves Reserve for Contingencies (14,200) Total: -0- Explanation: Funds are needed to pay for unanticipated Motor Pool Rental charges and expenses due to an increase in staff. AGENDA i'I'EM J U L 3 1 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS INTO THE LIVINGSTON ROAD (GGPKWY TO PRR) 60071 TO COVER INCREASED COSTS FOR ORDER OF TAKINGS AND TO RELOCATE FPL POWER POLES. OBJECTIVE: That the Board of County Commissioners approve a budget amendment to cover increased costs for fight of way for the Livingston Road (Golden Gate Parkway to Pine Ridge Road) Project and to cover the cost of the relocation of the FPL power poles. CONSIDERATIONS: On February 13, 2001 the Board of County Commissioners authorized the acquisition of land by condemnation of fee simple title interest and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, and/or temporary construction interests by easement for the construction of the six-laning roadway improvements for Livingston Road Proj eot between Golden Gate Parkway and Pine Ridge Road Project. At the time the executive summary was presented to the Board of County Commissioners total acquisition costs were estimated to be $1,784,145 which included all land, improvements, title policies, surveys, staff time, appraisal fees, etc. The $1,784,145 was the original estimate and all available funds have been used. An additional $516,500 is needed to cover 2 outstanding order of takings that are currently being processed. Also requested is $250,000 to cover the cost of the relocation of the FPL power poles. Total additional funding requested is $766,500. C FISC~AL. IMPACT: A budget amendment is needed to transfer Funds in the amount of $766,500 from the road construction Impact Fee District 2 Reserve fund. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: amendment. That the Board of County Commissioners approve the necessary budget SUBMITTED BY: Transportation Accounting Supervisor Date: REVIEWED BY: REVIEWED BY: Mitch Riley, P.E., Sr. Project Man~-ger Transportation/ECM TN~~~r tF~oe~' D~ivd~siioni; t rat °r Date: Date: EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TRANSFERRING FUNDS WITHIN THE SUPPORT SERVICES DIVISION FOR THE COMPLETION OF ASSORTED MOVES. OBJECTIVE: To have the Board approve the attached budget amendment transferring funds within the Support Services Division for the completion of department moves on the Main Government Complex. CONSIDERATIONS: Last fall the Board approved funds to move a number of departments off campus in order to accommodate growth requirements for departments under the County Manager's Agency. As part of these moves, staff planned to relocate the Purchasing, Real Property, Human Resources, Public Information and Risk Management departments to vacated space on an "as is basis" with minimum improvements. The original budget was based on a square foot cost and totaled $145,250. During the project a number of issues arose including making provisions for new positions for both FY 2000-01 and 2001-02, unanticipated life safety improvements, and "scope creep". This extra cost ($70,000) still represents a very low square foot cost and a very efficient utilization of the existing spaces. In order to cover this cost, staff is recommending transferring funds within the Support Services Division as indicated within the attached budget amendment. It is further recommended that a work order in the amount of $89,900 be awarded to Varian Construction for the completion of the Mail Room proposed to be relocated in the old Transportation Building (G). This would consolidate all sections within the Purchasing Department under one roof. FISCAL IMPACT: The total request for this additional work is $70,000 and is available within the Support Services Division's current operating cost centers as indicated in the attached budget amendments. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board award a work order to Varian Construction for the completion of the Mail Room along with the budget amendments as addressed within this summary. Reviewed By: Skip Camp, CFM, Director The Department of Facilities Management Reviewed By: ~j Date: ~/.~. ~/0 [ Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: Approved By: Date: EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL 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 $1,262 of Operating Expenses to cover the cost of installing cable in the Department of Public Information. 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. As a result of the relocation of the Department of Public Information, it is necessary to install cable lines to the new offices. The cable connections are necessary to provide cable service to the Department. The Department of Public Information staff monitor Channel 54 on a daily basis in order to observe the programming and any problems which may occur. This is an unanticipated expense associated with the relocation of the Department's offices. FISCAL IMPACT: The cost to install the necessary cable is $1,262; funds are available in FY 01 due to additional revenue in the Department's budget. This is a one-time expense and therefore, will not affect future budgets. GROWTH 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 the cover the cost of installing cable for the Department of Public Information as a result of the relocation of the Department's offices. ,,~te~n Merritt, Dire~0r Department of Public Information Date Jo-Anne Varcoe-L[,amer, Administrator Support Services Division Date EXECUTIVE SUMMARY APPROVE EMERGENCY PURCHASE ORDER TO FLORIDA GOVERNMENTAL UTILITY AUTHORITY (FGUA) FOR THE INSTALLATION OF WATER METERS AT THE NEW GOLDEN GATE GOVERNMENT SERVICES CENTER. OBJECTIVE: To have the Board approve the attached emergency purchase order for the installation of potable and irrigation water meters at the new Golden Gate Government Services Center located at 4715 Golden Gate Parkway. CONSIDERATIONS: On August 1, 2000, agenda item 16 (E)(11), the Board waived the formal bidding process for the construction of the Golden Gate Service Center and allowed staff to obtain prices from the five (5) general contractors listed under the present annual contractor agreement. Subsequently, Vanderbilt Bay Construction was chosen as the contractor and purchase order #102784 was issued to construct the Service Center. Water and sewer services to the Service Center site are supplied by Florida Governmental Utility Authority (FUGA) and not by Collier County. Direct payment to FGUA in the amount of $25,585 was required in order to install the potable and irrigation water meters and to obtain a Collier County Certificate of Occupancy. Since FGUA is considered a single source vendor and the amount exceeded the $25,000 maximum purchasing limit, Board approval is required. FISCAL IMPACT: Funds were available within the project budget for this expense; no additional funding is necessary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board approve Emergency Purchase Order //2-01-010 to Florida Governmental Utility Authority as described within this summary. Prepared By: e~ Date: · 'l~ob Pierce, Project Manager The Department of Facilities Management Reviewed By: ~ Date: Skip Camp, CFM, Director The Department of Facilities Management Executive Summary Golden Gate Government Services Center July 3, 2001 Page 2 Approved By: Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: Approved By: Thomas W. ~)]-liff, ~ou~[~tger (In the Board's Absence) Date: EPO #'2 --C')~ -~ i(~ DATE --'~-0 ,%~ DEPT. NAM E"~C'~l~, EMERGENCY PURCHASE ORDER BCC AGENDA DATE (if over $25,000) THIS FORM SHALL NOT BE USED UNDER ANY CIRCUMSTANCES WITHOUT THE PRIOR APP- ROVAL OF THE PURCHASING DEPARTMENT. White - Vendor Yellow - Department DIVISION ADMINISTRATOR -v PURCH,/~81NG DIRECTOR - \ COUNTY MANAGER'S APPROVAL. Pink - Finance Goldenrod - Purchasina GOLDEN GRTE WTP 941-348-~880 .__..__.__.______ FLORIDA GOVERNMENTAL UTILI]"Y AUTHORITY 6~4 Wymore Road, Winter Park, Florida 32789, Ph: (407) 629-6900, Fax: (40'~) 629-69§3, E-mail: GOLDEN GFITE ~JTP 614 Wymore Road, Winter Park, Florida 32789, Ph: ~407) 629-6900, Fax: (407) 629-6963, E-mail: APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 7/31/00) MSTD General (Fund 111) Budget Amendment #01-374 Operating Expenses $11,684 Reserves Reserve for Contingencies (11,684) Total: -0- Explanation: Funds are needed for the Cool Summer Breaks 2001 activities schedule for July, August and September. AGENDA-iTEM JUL 3 ! 2001 P~..._~/ APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 7/31/00) Personal Services Reserves Reserve for Contingencies General (Fund 001) Veterans Services Budget Amendment #01-402 $13,100 (13,100) Total: Explanation: 1998. -O- Funds are needed due to payment of a retroactive salary adjustment dating back to June, AGENDA ITEM No...~;~,~ J U L 3 1 2001 Pg. EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO INCREASE APPROPRIATIONS IN THE MOTOR POOL CAPITAL RECOVERY FUND (522) TO REPLACE A VEHICLE DESTROYED BY ACCIDENT, USING RESERVES AND RECOGNIZED INSURANCE REVENUES. OBJECTIVE: Obtain approval for a budget amendment to increase appropriations in the Motor Pool Capital Recovery Fund (522) to replace a vehicle destroyed by accident using capital reserves and recognized insurance revenues. CONSIDERATIONS: In June 2001, an EMS command vehicle (Asset #20000003) was involved in an accident resulting in total loss of the vehicle. The other party's insurance paid the County the depreciated value of the vehicle ($25,125). The cost to replace the vehicle is estimated at $31,000. The difference between the insurance revenues and the replacement cost of the vehicle is available in Fund 522 reserves. FISCAL IMPACT: The vehicle replacement cost is estimated at $31,000 with $25,125 coming fi.om recognized insurance revenues and $5,875 coming from reserves in the Motor Pool Capital Recovery Fund (522). GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the Motor,pool Capital/Recovery Fund (522)as stated above. Dan'C~off, F16et Manage~6t Director REVIEWED BY: (~_"~,...J-~~ ~"~-- Date: 7,'/-'x'a//~ ) $o-A~ ~rarcoe-Leamer, Supl~ Services Administrator ......... [ ........... ~ ~"'? ?kdr') APPROVED BY: ~_~L~x_~ 2~.~ _~~ Date: Tho % w. Olliff, -- - EXECUTIVE SUMMARY AUTHORIZE WAIVING PURCHASING POLICY TO PURCHASE GASOLINE AND DIESEL FUEL FROM EVANS OIL COMPANY WITHOUT FORMAL BIDDING. OBJECTIVE: Obtain approval to purchase gasoline and diesel fuel from Evans Oil Company at Horseshoe Drive and Pine Ridge Road without formal bidding. CONSIDERATIONS: Collier County Government now has over 140 vehicles based at locations on Horseshoe Drive. Refueling these vehicles has become a problem in that the closest discounted refueling stations are at County Barn Road and at the School Board transportation facilities off Airport Road close to J&C Boulevard. Traveling to these sites to refuel is inconvenient and inefficient, wasting man-hours and fuel. Evans Oil Company has a commercial account filling station located on South Horseshoe Drive. This is an unattended card-operated station open 24-hours a day. It is the only commercial account filling station in the Horseshoe Drive area, so no competition exists to warrant the formal bidding process. Evans Oil has offered the County both gasoline and diesel at the weekly Oil Price Information Service (OPIS) average price plus $0.10 per gallon. This would equate to $0.25-$0.30 below retail pump prices. As an added benefit, Evans Oil also owns the Chevron station on Pine Ridge Road at Interstate 75. Evans has offered the County the same prices at that station. This would solve another problem in that the County has no fueling facilities for vehicles operating in the Northeast Naples area. Evans' automated fueling system offers detailed billing reports that show dates, times, amounts, costs, and mileage. The County will continue to order and take fuel deliveries at County fuel storage tanks under the existing annual fuel contract. FISCAL IMPACT: Purchases from Evans Oil are expected to exceed $100,000.00 per year. Expenditures are budgeted in Fund 521 , Fleet Management Fuel Distribution. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: Waive the purchasing policy for formal bidding and approve purchase of gasoline and diesel fuel for County vehicles from Evans Oil Company at their Horseshoe Drive and Pine/~dge Road~ refueling sites for an indefinite period. v v - ~ D~rector' -- -- /Dan Mar[a~o~nent Croft, Fleet Steve Camell, Purchasing Director REVIEWEOBY: .~~ CO' ~t/~'~//'f~"f"' Date:" '~'~'ZO/O/ Jo-Anne Varcoe-Leamer, Support Services Administrator APPROVED BY"~ x~a~: ~,-~ ~ Date: 7/~_~/. ~.c,q Thomas W. Olliff, ...... Q6~,~M~mager EXECUTIVE SUMMARY BOARD APPROVAL TO PURCHASE ONE (1) MEDIUM-DUTY ADVANCED LIFE SUPPORT AMBULANCE FROM AMERICAN LAFRANCE MEDIC MASTER CORPORATION USING THE FLORIDA SHERIFF'S ASSOCIATION BID # 00-08-0905. OBJECTIVE: To obtain Board of County Commissioners approval to purchase one (1) medium-duty advanced life support "Medic Master" ambulance fi.om American LaFrance Medic Master Corporation using The Florida Sheriff' s Association Bid price (Medic Master low bidder). CONSIDERATION: Section XIII B of the Collier County Purchasing Policy allows the County to join with the other units of government in cooperative purchasing ventures. The Florida Sheriff's Association awarded a contract for medium-duty advanced life support ambulances which affords, Collier County the opportunity to purchase under the same terms and conditions. Purchase of one ambulance is required. This ambulance is a growth unit funded by Impact Fees appropriated by the Board for purchase this Fiscal year. The Florida Sheriffs Association bid base cost was $90,535. The cost to outfit the unit to meet existing Collier County EMS fleet standards, and new State of Florida EMS vehicle requirements will be $46,478. Total purchase price is $137,013. Of the twenty-five (25) ambulances currently active within the Collier County fleet, all were purchased from American LaFrance Medic Master Corporation since 1995. The quality, performance, and dependability of these ambulances have been excellent. Maintenance and upkeep have been fairly simple. All Fleet Management mechanics have been trained on repair and maintenance of "Medic Master" ambulances, and a standard repair parts stockage has been established. Product support fi.om American LaFrance Medic Master Corporation has been outstanding. Additionally, the structure and other safety items have been judged superior to products of other ambulance companies surveyed by Collier County staff. Considering these factors, standardizing the County's fleet with "Medic Master" ambulances is considered in the best interest of Collier County both operationally and economically. FISCAL IMPACT: The cost to purchase one (1) medium-duty advanced life support ambulance is $137,013 and funds have been budgeted in EMS Fund 490. GROWTH MANAGEMENT IMPACT: None at this time. RECOMMENDATION: That the Board of County Commissioners approve the purchase of one (1) medium-duty advanced life support "Medic Master" ambulance from American LaFrance Medic Master Corporation using Florida Sheriff' s Association Bid # 00-08-0905, at a total purchase price of $137,013. SUBMITTED BY: [~IA ~ .r't~tn..~ Date: '~///~,/D ! Tom Maguire,t~mmander Emergency Me'~cal Services REVIEWED BY: c-~e4(4( P~-~ REVIEWED BY: REVIEWED BY: REVIEWED BY: Jeff~/~g~,JEMS Op'erat~ns Director Emergency Medical Services Stev~ l~arnel~, Director Purch rog/Ge r Se icef Dan ~roff, lJire~ctor /// Fleet Management ~ Tom Storrar, Administrator, Emergency Services Division Date: ?h~/ol · / Date: BID. AWARD ANNOUNCEMENT PURSUIT, . ADMINISTRATIVE NON PURSUIT UTILITY, FIRE & RESCUE VEHICLES, TRUCKS & VANS Participating Sher~f's Offices & Local Governmental Agencies of the State of Florida Coordinated By The Florida Sheriffs Association & Florida Association of Counties ,~ssoc~~~ ~~~ o~ co~~~~, FLORIDA SHERIFFS ASSOCIATION P. O. Box 12519 * Tallahassee, FL 32317-2519 PHONE (850) 877-2165 * FAX (850) 878-8665 WEB SITE: HTTP://WWW.FLSHERIFFS.ORG DATE: TO: FROM: October 5, 2000 ALL PROSPECTIVE PARTICIPANT~ Gary E. Perkins Deputy Executive Director/Vehicle Bid Coordinator SHERIFFS' OFFICES &~'LOCAL GOVERNMENTAL AGENCIES OF THE STATE OF FLORIDA COOPERATIVE BID FOR PURSUIT, ADMINISTRATIVE NON-PURSUIT, UTILITY, FIRE & RESCUE VEHICLF.~, TRUCKS & VANS Bid No. 00-08-0905 We are pleased to announce that the Florida Sheriffs Association and the Florida Association of Counties has successfully conducted its eighth statewlde competitive bid for vehicles which includes police pursuit, administrative non-pursuit, utility, fire & rescue vehicles, trucks & vans. Bids will be extended and guaranteed to any and all units of local governments/political subdivisions includ- ing but not limited to county, local county board of public instruction municipalities and/or police agencies, other local public or public safety agencies or authorities within the State of Florida and in accordance with the provisions of Chapter 287, F.S., and 60A, Florida Administrative Code, any state aency including the Division of Universities, Department of Children and Family Services, Department of Health, Department of Juvenile Justice and Department of Corrections which elects and is authorized to purchase from a source other than the State of Florida contract. All interested parties who wish to purchase from this contract may do so by following these simple procedures: ORDERING INSTRUCTIONS Contact the designated dealership (see pages 20-21) listed in the zone from which you wish to purchase and advise them of your interest to purchase from the Sheriffs' Offices & Local Governmental Agencies of the State of Florida Bid No. 00-08-0905. They will assist you with the placement of your order and answer any questions you may have regarding the vehicles purchased through this program. IMPORTANT NOTE: All agencies ordering any FORD product, please note that the FIN CODE for the Florida Sheriffs Association is "QE065" and should be used in order to obtain the Ford concessions. Also, you must use your FIN CODE as a secondary number. For further information contact the Fleet Customer Information Center at 1-800-34-FLEET. Bid Award Announcement (00-08-0905) 2. YOU MUST send a copy of the ORIGINAL PURCt~E ORDER (including FSA's Contra~t No. 00-08-0905) you submitted to the l~arttcipating dealer to: Florida Sheriffs Association P. O. Box 12519 Tallahassee, Florida 32317-2519 ATI'N: Gary Perkins, Cooperative Bid Coordinator 3. Basic information reqtlired on sll purchase orders is listed on Page 23 of this Bid Award Announcement. Purchase orders lacking the required basic information listed may result in the delay of placement and/or confirmation of orders. NOTE: Purchasers are reminded that the issuance of a Purchase Order does not in itself guarantee the placement of an order. Dealers are required to provide purchasers with a "Confirmation of Order" within seven (7) calendar days after receipt of purchase order. Purchasers are encouraged to contact the dealer ff a "Confirma- tion of Order" has not been received within a reasonable time frame and request its issuance. 4. Agencies which elect to purchase off this contract will incur the following Administrative Fees: · Pursuit, Administrative Non-Pursuit, Utility Vehicles, Trucks & V~ns (Specifications 1- 22) - Due to numerous requests from various purchasing agencies, the $50.00 administra- tive fee per vehicle formerly paid to the FSA by purchasing agencies will now be paid to the FSA by the contracting dealerships. Dealers have included the $50.00 per unit fee in their bid prices and made it a part of the base unit's purchase price. This will eliminate the need for purchasing agencies to have to prepare two purchase orders and cut two checks, thereby reducing their workload. · Fire & ResCue Units (Specifications 23-28) - Fire and rescue dealers/manufacturer's are to charge purchasing agencies an administrative fee of 1/2 percent (.005) of the total invoice amount (base unit plus options) to be collected and paid to the FSA by the contracting dealers/manufacturer's. Administrative fees for fire & rescue units will not be included or made a part of the bidders base unit purchase price for fire & rescue units. The fire & rescue dealers/manufacturer's will be responsible for calculating and advising the prospective pur- chasing agencies of the 1/2 percent (.005) administrative fee to be charged and included in the total invoice amount at the time of order. The purchasing agencies will include the FSA administrative fee as a part of their purchase order request. Again, this will eliminate the need for purchasing agencies to have to prepare two separate purchase orders and checks. This program is designed to provide participating agencies with the most economically priced patrol, administrative non-pursuit, utility, fire & rescue vehicles, trucks & vans, tailored to their specific needs, in a prompt and timely manner. One of the unique characteristics incorporated into this program which distinguishes it from others is that this Bid Contract is awarded to the lowest responsible bidder by manufacturer by specifi- cation by zone for all police package vehicles and to each of the lowest responsible bidder(s) by manufacturer by specification by zone for all non-police package vehicles. Whereas, under the State Contract the bid is awarded only to the single lowest bidder by zone. The Florida Sheriffs Association and the Florida Association of Counties remltze that Sheriffs' Offices, Police Agencies and other units of local governments differ from the state in that they must provide economically based maintenance and stocked parts for their fleets. They must consider overall operational cost of their vehicles instead of just considering "Low Bid" on the purchase of the vehicle. This program's bid award system not only provides the purchaser with the means to make sound decisions on dedicated fleet needs, but also offers the convenience of shopping and purchas- ing from a single contract. IMPORTANT NOTE: The manufacturer's have announced that they would be producing limited 2 Bid Award Announcement (00-08-0905) 30,000 lb. GVWR CAB & CHASSIS (4 x 2) (Specification #22); (continued Nme of Dealership Type Vehicle Zone 'Base Unit Price Classic Chevrolet, Inc. Classic Chevrolet, Inc. Chevrolet HD 7500 Chevrolet HD 7500 Central Southern $38,602.67 $38,852.67 Type I Ambulance (4 x 2) [SDeciflcation #23): American LaFrance MedicMaster Ford F-350 Elite Fire & Safety Equip., Inc. Ford F-350 Wheeled Coach Industries, Inc. Ford F-350 American LaFrance MedicMaster' Ford F-450 Elite Fire & Safety Equip., Inc. Ford F-450 Wheeled Coach Industries, Inc. Ford F-450 All Zones All Zones All Zones AllZones All Zones All Zones $73,182.00 $73,554.0/) $66,843.00 $77,458.00 $80,715.00 $75,875.00 Wheeled Coach Industries, Inc. Chevrolet C3500 All Zones $64,085.00 Wheeled Coach Industries, Inc. Chevrolet YF2 HD All Zones $73,280.00 Type I Ambulance [4 x 4) (Specification #23); American LaFrance MedicMaster Ford F-350 All Zones Elite Fire & Safety Equip., Inc. Ford F-350 All Zones Wheeled Coach Industries, Inc. Ford F-350 ~r All Zones $75,007.00 $76,165.00 $69,432.00 American LaFrance MedicMaster Ford F-450 All Zones Elite Fire & Safety Equip., Inc. Ford F-450 All Zones Wheeled Coach Industries, Inc. Ford F-450 ~r All Zones $81,133.00 $83,992.00 $80,598.00 Wheeled Coach Indu~stries, Inc. _T~_e I Ambulance, Medium Duty Chevrolet C3500 , All Zones [4 x 21 [Specification #241: $68,230.00 American LaFrance MedicMaster Elite Fire & Safety Equip., Inc. Wheeled Coach Industries, Inc. Freightliner FL60 Freightliner FL60 Freightliner FL60 ~AllZones $90,535.00 AlI Zones $96,157.00 Al/Zones $96,850.00 Elite Fire & Safety Equip., Inc. Wheeled Coach Industries, Inc. Intematlonal 4700LP International 4700LP All Zones $95,439.00 All Zones $95,775.00 ~ II Ambulance. Van [4 x 2J [8pe¢lflc~i0n #25): Elite Fire & Safety Equip., Inc. Wheeled Coach Industries, Inc. Ford E-350 Ford E-350 All Zones $48,502.00 All Zones $42,500.00 ~T~e I~ Ambulance f4 x 2] (SDeciflcation #26]; American LaFrance MedlcMaster Elite Fire & Safety Equip., Inc. Wheeled Coach Industries, Inc. 18 Ford XL E-350 Ford XL E-350 Ford XL E-350 All Zones $71,770.00 All Zones $64,254.00 ~r All Zones $62,906.00 Bid Award Announcement (00-08-0905) 17,500 lb. GVWR CAB & CHASSIS (4 x 2) (Specification #201: Name of Dealership Type Vehicle ~one Western Northern Central Southern Dural Ford Duval Ford Duval Ford Dural Ford Ford Super Duty F-550 Ford Super Duty F-550 Ford Super Duty F-550 Ford Super Duty F-550 Duval Ford Duval Ford Don Reid Ford, Inc. Duval Ford 17,500 lb, GVWR CAB & CHA~$ [4 x 41 (Specification #20): Ford Super Duty F-550 Ford Super Duty F-550 Ford Super Duty F-550 Ford Super Duty F-550 Western Northern Central Southern 25,950 lb. GVWR CAB & CHASSIS (4 x 2) (Specification #21): Orville Beckford Ford/Mercury Duval Ford uval Ford Duval Ford Ford Super Duty F-650 Ford Super Duty F-650 Ford Super Duty F~650 Ford Super Duty F-650 Westem Northern Central Southern Classic Chevrolet, Inc. Classic Chevrolet, Inc. Classic Chevrolet, Inc. Classic Chevrolet, Inc. Chevrolet HD 6500 Chevrolet HD 6500 Chevrolet HD 6500 Chevrolet HD 6500 Western Northern Central Southern 30,000 lb. GVWR CAB & CltASSIS (4 z 2) [Specification #221: Orville Beckford Ford/Mercury Duval Ford Duval Ford Duval Ford Ford Super Duty F-750 Ford Super Duty F-750 Ford Super Duty F-750 Ford Super Duty F-750 *Westem ~ Northern ~r Central ~r Southern Classic Chevrolet, Inc. Classic Chevrolet, Inc. Chevrolet HD 7500 Chevrolet HD 7500 Western Northem Bue UnitPrice $26,292.00 $26,264.00 $26,292.00 $26,344.00 $29,684.00 $29,649.00 $29,684.00 $29,724.00 $32,000.00 $32,063.00 $32,063.00 $32,143.00 $38,626.07 $38,626.07 $38,276.07 $38,676.07 $32,120.00 $32,193.00 $32,193.00 $32,273.O0 $38,852.67 $38,852.67 Bid Award Announcement (00-08-0905) 17 FLORIDA ASSOCIATION. -~ COUNTIE~:!~ ! FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2001 FREIGHTLINER FL60 ,~ Specification #24 (Type I Ambulance, 4 x 2 Medium Duty) The Freightliner FL 60, Type I Ambulance purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: BASE PRICE: DEALER: ~AllZones $90,535.00 American LaFrance MedicMaster All Zones $96,157.00 Elite Fire & Safety Equipment, Inc. All Zones $96,850.00 Wheeled Coach While the Florida Sheriffs Association and the Florida Association of Counties have identified equipment required to meet KKK-A-1822D, dated November 1, 1994, or the most current revision for Type I Ambulance, we re~lt~ equipment needs and preferences are going to vary from agency to agency. Any options required or changes required by purchaser shall be made through the vendor listed. NOTE: An official li'sthag of all add/delete options and their prices should be obtained from the appropriate vendor. Specification Low Bid Bid Award Announcement (00-08-0905) LEGEND FOR DELETE/ADD OPTION8 Every line will require a DOLLAR VALUE or one of the following abbreviations: 8rd. = manufacturer's standard equip. Incl. = included with base specs. NC no additional charge NA = not applicable to the vehicle -- = option not bid b~ vendor 523 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2001 INTERNATIONAL 4700LP ~ Specification //24 (Type I Ambulance, 4 x 2 Medium Duty) The International 4700LP, Type I Ambulance purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: BASE PRICE: DEALER: All Zones ' $95,439.00 Elite Fire & Safety Equipment, Inc. All Zones $95,775.00 Wheeled Coach While the Florida Sheriffs Association and the Florida Association of Counties have identified equipment required to meet KKK-A-1822D, dated November 1, 1994, or the most current revision for Type I Ambulance, we realize equipment needs and preferences are going to vary from agency to agency. Any options required or changes required by purchaser shall be made through the vendor listed. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate vendor. Specification Low Bid 524 LEGEND FOR DELETE/ADD OPTION~ Every line will require a DOLLAR VALIIE or one of the following abbreviations: 8rd. = manufacturer's standard equtp. Incl. = included with base specs. NC = no additional charge NA = not applicable to the vehicle = option not bid b~ vendor Bid Award Announcement (00-08-0905) FLORIDA ASSOCIATION a'~ CO UNTIES, FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION #24 - TYPE I AMBULANCE 2 WHEEL DRIVE MEDIUM DUTY (DUAL REAR WHEEL, CAB & CHASSIS) FREIGHTLINER OR APPROVED EQUIVALENT ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED 1. ENGI~ Diesel engine, 6-cylinder minimum. Heavy-duty alternator, minimum 250 amp. Maintenance free heavy-duty batteries, 750 CCA minimum. Manufacturer's heavy-duty engine cooling. 2. TRANSMISSION Electronic Allison Transmission Manufacturer's transmission oil cooler: water to oil heavy-duty cooling. 3. AXLES Front Axle: 8,000# Rear Axle: 12,000# Front Suspension: 8,000# Rear Suspension: 12,000# air suspension with dual instant response leveling valves. 4. PERFORMANCE ITEMS Power steering Anti-lock brakes Power brakes, disc type front, disc or drum rear. Fuel capacity, minimum 45 gallon Heavy-duty front and rear shocks. 5. COMFORT ITEMS Factory installed air conditioning Tinted glass (factory tint) Dual air suspension seam with armrest Bid Award Announcement (00-08-0905) 521 Ba~e Spe¢~cat~ons #24 - ~pe I Ambulance (~edium Duty) Rubber floor mat instead of carpeting AM/FM radio 6. SAFETY ITEMS Driver and passenger lap and shoulder belt with retractor. Dual electric horns Outside mirrors to provide vision for vehicles 96" wide. Two speed wipers with intermittent Interior dome lights wired to right and left doors. Halogen headlights with daytime running feature. 7. TIRES AND WHEELS a. BSW, all season tread radial 19.5 inch tires 8. CHASSIS, FRAME, CAB Minimum GVWR 19,000 lbs. Cab to center of axle 102 inches 9. MODULAR BODY CONSTRUCTION The ambulance body and patient compartment shall be sufficient in size to meet the requirements of this specification and those of paragraph 3.10.1 of the current KKK- A-1822D. 522 Bid Award Announcement (00-08-0905) EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR REDECKING OF BOARDWALKS AT TIGERTAIL BEACH PARK Obiective: To obtain Board approval of Change Order No. 2 for Tigertail Park Redecking of Boardwalk Project 80088. Consideration: On February 27, 2001 the board awarded Bid #00-3186 for Redecking of Boardwalks at Tigertail Beach. The bid was awarded to Modem Services in the amount of $73,000. As part of this bid, a certain amount of repair to the structure was anticipated. This change order reflects additional work done on the joists and posts that were found to be in need of replacement and moving of the shower area. The increased amount of $6,542.00 brings the total project total to $80,942.00 which is $642 above the 10% that is authorized by County purchasing policy. Fiscal Impact: The necessary funds are budgeted in the Community Park Fund, Tigertail Park. Growth Management: There is no impact to The Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve the necessary Change Order No. 2 to Bid # 00-3186 with Modem Services for Home and Business for Redecking Boardwalks at Tigertail Beach. Prepared by: ~ Date: Debbie Roberts, Operations Coordinator Parks and Recreation Department Reviewed by: Q~'~ J~s~phF. Delate, ASLA, Project Manager Department of Parks and Recreation Reviewed by: tit s~t-~t~t/~ ~ ~ ~a~la~ey, Direx~t~;' Department of Parks and on Date: Date: Approved Leo ~)chs, A~n/finis~ Public Service~ Date: CHANGE ORDER TO: Modem Services for Home and Business 5520 Division Drive Fort Myers, FL. 33905 FROM: Project Name: Marco Island - Tigertai! Beach Boardwalk Deck Replacement Construction Agreement: 2/27/2001 Change Order No. 02 Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 Project No.: 80088 P.O No.: 104146 Date: 5/15/01 Change Order Description: The Board of County Commissioners awarded Bid. No. 00-3186 and Agenda Item No. 16.D. 1 for $73,000.00 to Modem Services on 2/27/01. 1] 11 additional post were found rotted and were replaced with new at $ 50.00 per post = $ 550.00 2] [2] two showers were added to boardwalk = $1,983.00 3] [1] one butterfly seating area was added = $1,619.00 4] Steps were added to [2] two stairs = $ 250.00 5] New joists were added at all boardwalk. = $ 2,050.00 TOTAL = $ 6,642.00 Original agreement amount .................................................................. $ Sum of previous change orders, mount ................................................... $ This Change Order Amount [add] ............................................................ $ Revised Agreement Amount .................................................................. $ To be paid from account #195-116360-763100-80088 73,000,00 1,500.00 6,442.00 80,942.00 Original contract time in calendar days .................................................................. 90 Adjusted number of calendar days due to previous change orders ....................................0 0 This change order adjusted time is ...................................................................... 90 Revised Contract Time in calendar days .............................................................. Original Notice to Proceed date ..................................................................... 3/23/01 Completion date based on original contract time/ .................................................. 6/20/01 Revised completion date due to change order (s) .................................................. 6/20/01 Your acceptance of this change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and f'mal settlement of any and aLl claims of the Contractor arising out of, or related to, the change set forth herein, Prepared by: Antonio Ruberto, Project Manager ~arks and Recreatjt~}Department Accepted bY..~,/~/r'~ ~/ ~nt ~'"'l~enneth Sammofls, President Modem Services for Home and Business Date: A. Date: Drift.: E. Cost Cent=r: F. Bid No. _. .G.Chan;..e Order . Type of Change ~ Description of Change/Amount A. Increase: Amount of Decrease: $ B. D~crcas¢: L.J C, Closeout: [--] ,: Amount to be clos~ out: $ D, quantity: [] Rcasan for Change: FUND COST CENTER OBJECT CODE PROJECT .............................. ' LINE DESCRIPTION ~ UNIT PRICE UM AMOUNT :: [ B. Cu~cm PO ~o~t 1 ~. m~ ~u ~o A. 0fi~ PO ~o~t D. % ~s C~gc ~ E. Cumu~ve % of a~ C~g~ order//~o F. Date of C~gc ~[dcr Approv~ (if apph~blc) Bo~d Approval Dat=. 7 ] Agcn~ Item N~b~n P~PT ~OV~ (SIGNAl) I P~ION ~. ~0~ (SI~A~) COUNTY OF COLLIER STATE OF FLORIDA EXHIBIT C RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared KEN S~4_,'vlONS who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ 48,092.00paid, MODEmq SERVICE FOR HOME & BUSTNESS ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissio6ers of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated I~RCH 2 , 2000 for the period from, MARCH 2, 2001 to MAY_17~ 2001 (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other exPenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. .' (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is gi~/en in connection with Contractor's [monthly/final] Application for Payment No. WitnesSes BY: Y,~N S~vtMONS ITS: PRESIDENT President DATE: MAY 17, 2001 [Corporate Seal] STATE OF FLORIDA COUNTY OF T.EE The foregoing instrument was acknowledged before me this 17t___~_h day of MAY ,2000, by KEN SAMMONS , _, as ~RESIDENT of~ODERN SERVICE FOR HOME & BUSINES~ a corporation, on behalf of the corporation. He/she is &~Tgonally Known tome,,or has produced as identification ~id (did not) take an oatJ:t.., My Commission Expires: (Leg!bly P~nted) Notary Public, State of Commi~ioner No.: .=~{ .~. t .=.Comml=sion # CC 894626 Expires Dec. 12, 2003 (AFFIX OFFICIAL S~~~ Bo.a.~ ,~,u · ,,,,,~o~ Atlantic Bon~ng Co., Inc, 12/I 1/2000 8:13 GC-CA-C-1 RECEIVED PARKS & ~ECREATION EXECUTIVE SUMMARY APPROVE $84,200 IN FUNDING FOR THE REPLACEMENT OF A BACKUP BATTERY SYSTEM FOR THE TAX COLLECTOR AND PROPERTY APPRAISER'S BUILDING. OBJECTIVE: To have the Board approve the purchase of a replacement battery back up system (UPS) for the Tax Collector and Property Appraiser's Building. CONSIDERATION: Over the past several months, the Property Appraiser and Tax Collector's Building on the main campus has suffered several power outages. Recently, the existing UPS (uninterrupted power supply) system was not able to transfer electrical power from the UPS to the generator correctly. This fault was caused by one or more batteries failing to hold a charge. Because of this failure, the computer systems operated by the Tax Collector and Property Appraiser's office were temporarily knocked off line, inhibiting service to the public. The existing LIPS system is 15 years old. According to the manufacturer, it has met its useful life and is in need of replacement. Parts are becoming scarce and there is the likelihood that the system may not be covered under any future service agreements, due to age and part unavailability. The Department of Facilities Management requested a professional LIPS consultant, Powerware, to evaluate the existing UPS System and provide estimates for replacement. Total cost for replacing the UPS system is $84,200. This estimate includes a complete UPS system with its own Maintenance Bypass Module that allows for easy maintenance without interruption. Pricing for this unit and labor are based on Govemment Service Administration (GSA) pricing. FISCAL IMPACT: A budget amendment is required for the County-Wide Capital fund (301) in the amount of $84,200. $64,200 will be transferred fi.om General Fund Reserves and $20,000 from Project No. 80162 (A/C Repairs) into General Improvements, Project # 80525. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. Executive Summary Cont. UPS Replacement Page 2 RECOMMENDATION: That the Board of Collier County Commissioners approves the uninterrupted power supply replacement expenditures and the necessary budget amendments as addressed within this summary. REVIEWED BY: ~ Date: Jo-Anne Varcoe-Leamer, CPA, Administrator SuPport Services Division APPROVED BY~ ( In the Board's Absence) Date:~_l~ APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/11/00) Isles of Capri Fire Control (Fund 373) Budget Amendment #01-395 Capital $16,850 Reserves Reserve for Capital Outlay (16,850) Total: -0- Explanation: Funds are needed to purchase equipment to bring the f/xe engine into compliance with the National Fire Protection Agency's (NFPA) Rule 1231. Two seven story condominiums are nearing completion in the District, and the current equipment does not supply the 1,990 gallons per minute of water flow required by NFPA 1231 to fight multi-story structure fu'es. Landscape Operations (Fund 101) Budget Amendment #01-391 Capital $18,100 Reserves Reserve for Contingencies (18,100) Total: -0- Explanation: Funds are needed to purchase a trailer mounted Solar Powered Message Board. AGENDA I_TEM SEP 1 1 001 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE July 31,2001 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 98-2334-CFA, 98-2548-CFA, 99-1613-CFA, 94-408-CFA, 97-2696-CFA. RECOMMEND APPROVAL. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo H :DatWFormat Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. June 6, 2001 through June 12, 2001. 2. June 13, 2001 through June 19, 2001. 3. June 20, 2001 through June 26, 2001. 4. June 27, 2001 through Jul3' 3, 2001. 5. June 27, 2001 through July 9, 2001.' 6. July 04, 2001 through July 10, 2001. Districts: Cow Slough Water District, Budget for 2001/2002, meeting dates for 2001/2002. Collier Soil & Water Conservation District, Agenda for June 13, 2001, Mifiutes of May 2, 2001, Profit and Loss Report May 2001. Cedar Hammock Community Development District, Minutes of March 12, 2001, Agenda for March 12, 2001, Minutes of May 14, 2001, General Purpose Financial Statement dated September 30, 2000, Proposed Operating Budget for Fiscal Year 2002 and Unaudited Fianancial Statements dated March 31,2001. Collier Soil and Water Conservation District Financial Statements through Sept. 30, 2000 and Local Government Financial Report 999/2000. Fiddler's Creek Community Development District Minu 2001 and Unaudited Financial Statements through Febru~ es o~o~a _ _ ? 28, 2001. JUl. 31 001 pg. ' Co Immokalee Fire Control District Annual Financial Report for Fiscal year 1999/2000, Financial Statement Audit through September 30, 2000, Management Letter and Rebuttal. Naples Heritage Community Development District Minutes of May 14, 2001, Financial Statement through September 30, 2000, Management Letter, Budget for 2002, Unaudited Financial Statement through March 31, 2001. .Immokalee Water & Sewer District 2000 Public Facilities Report Including District Map, Register of Officers and Agents, Schedule of Regular Meeting. Minutes: Golden Gate Beautification Advisory Committee Agenda for June 12, 2001 and Minutes of May 8, 2001. Rural Fringe Area Assessment Oversight Committee Special Meeting Notice for June 13, 2001, Meeting Notice for May 23, 2001 with Board of County Commissioners, Meeting Notice for May 23, 2001. Collier County Housing Authority, Approved budget for fiscal year 2001- 2001. Rural Lands Area Assessment Oversight Committee, meeting notice for June 6, 2001. H:Data/Format AGF.,,N DA ITeM JUL 31 2001 Pg., ..... ~ EXECUTIVE SUMMARY jut 31 200! RECOMMENDATION TO APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF NO MORE THAN $16,700.00 FOR OUTSIDE COUNSEL AND PROFESSIONAL SERVICES INCLUDING EXPERT WITNESS FEES FOR SERVICES RENDERED IN CONCLUDING THE COUNTY'S LITIGATION RELATING TO THE 1995-96 BEACH RESTORATION PROJECT IN THE LAWSUIT STYLED BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY v. COASTAL ENGINEERING CONSULTANTS, INC., et al., CASE NO. 00-1901-CA. OBJECTIVE: For the Board of County Commissioners to approve a budget amendment in the amount of no more than $16,700.00 for outside counsel and professional services including expert witness fees for services rendered in concluding the County's litigation relating to the 1995-96 beach restoration project litigation styled Board of County Commissioners of Collier County v. Coastal Engineering Consultants, Inc., et al., Case No. 00-1901-CA. CONSIDERATION: Out of the last Budget Amendment of $100,000.00, the County has expended $56,162.97 for the services (including expert witness fees) of Siegfried, Rivera, Lerner, De La Torre & Sobel, Esquires (leaving a balance of $43,837.03). There are currently outstanding bills for services rendered through the conclusion of this matter of $60,477.78. After the money of the last budget amendment is expended, there will be approximately $16,640.75 outstanding. The expenditures in question also include the costs incurred for our expert engineering firm, Coastal Planning Services, Inc. of Boca Raton, Florida. The costs and expenditures remaining have been reasonable and not totally unanticipated for complex construction litigation, but a review of the outstanding bills have raised certain issues which may result in a reduction of the need for a $16,700.00 budget amendment. Until the County Attorney's Office has resolved these issues, it is appropriate and necessary for the Board of County Commissioners to approve a budget amendment of $16,700.00 maximum to bring this matter to a final conclusion. FISCAL IMPACT: $16,700.00 from General Fund Reserves to the County Attorney Office Budget for outside counsel and related costs. GROWTH MANAGEMENT: Not applicable. RECOMMENDATION: That the Board of County Commissioners approve a $16,700.00 maximum budget amendment for outside counsel and expenditures relating to the 1995-96 beach restoration project litigation styled Board of County Commissioners of Collier County v. Coastal Engineering Consultants, Inc., et al., Case No. 00-1901-CA with the realization that this figure may be somewhat reduced after certain issues have been resolved between outside counsel, the engineering firm and the County Attorney's Office. ./ t Wii'liam E. Mounti'~r~l-' / Assistant County Attorney ^PP.OV David C. Weigel County Attorney DATE: DATE: - I JUL 3 1 2001 / EXECUTIVE SUMMARY TO AUTHORIZE THE COUNTY ATTORNEY TO DRAFT AN ORDINANCE TO AMEND THE COLLIER COUNTY FALSE ALARM ORDINANCE AND SCHEDULE A PUBLIC HEARING BEFORE THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER ADOPTION OF THE PROPOSED ORDINANCE OBJECTIVE: To obtain from the Board authorization for the County Attorney to draft an Ordinance to amend the Collier County "False Alarm Ordinance," to publish newspaper "notice" of a scheduled public hearing, and present the proposed Ordinance to the Board for possible adoption. CONSIDERATIONS: The Collier County Sheriff's Office is requesting that the Board consider amending the Collier County "False Alarm Ordinance" to eliminate the requirement to attempt to contact a responsible party when responding to a false alarm, to provide that the first two false alarms at a premises or site will receive only a written warning and that the $75.00 fines will not begin to apply until a third (or subsequent) false alarm at the same premises within a 180 day period; to eliminate the requirement that the violator file a "false alarm report;" to require annual registration with the Sheriff's Office of each alarm systems at each site; and to recognize that the Sheriff's Office will institute an educational program for the prevention of false alarms. The false alarm violator may attend the educational program (one time in a 12-month period)in lieu of paying the $75.00 fine. FISCAL IMPACT: It is anticipated that attendance at the proposed educational program will eventually save the Sheriff's Office labor and associated costs of responding to false alarms that will be eliminated by the educational program. It is impossible to quantify these costs, but they are believed to be substantial. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS:- That the Board authorize the County Attorney to draft an Ordinance to amend the Collier County "False Alarm Ordinance," to publish newspaper "notice" of a scheduled public hearing, and present the proposed Ordinance to the Board for possible adoption. SUBMITTED BY: C~o~ Y REVIEWED BY: ~ Tom Palmer, Ass't. County Attorney DATE: AGENDA ITEM JUL 3 I 2001 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL NO. 316 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. WILFREDO MARIBONA, ET AL., (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel No. 316 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Wilfredo Maribona, et al., Case No. 00-1968-CA. CONSIDERATIONS: On September 14, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On September 29, 2000, Collier County deposited with the Registry of the Court the sum of $1000.00 for Parcel No. 316 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, George P. Sacco, Jr., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-290). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $1400.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel No. 316. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $400.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable.  ,.FISCAL IMPACT: Funds in the amount of $400.00 are available in the road construction gas tax ~ ~ou-'~ce ~ f-'~nds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. SUBMITTED BY: direct staff to deposit the sum of $400.00 into the Registry of the Court. ~k0~ ),/~,,/"k_ _ Date: Heidi F. Ashton Assistant County Attorney lt J JIJk !t 2001 REVIEWED BY: A. N. Korti, Project Manager Transportation/ECM REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: Steve Miller, P.E., Director Transportation/ECM Date: ~.~C~~_~ Date: David C. Weigel County Attorney h:LitXEmDomWlaribonaXExSum-316SFJ A~ENDA ~. JUL 3 I 2001 Pg. ,~ OFFICE OF THE IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ...... ' - COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. WlLFREDO MARIBONA, et al. Respondents. Case No.: 00-1968-CA Parcel No.: 316 / STIPULATED FINAL JUDGMENT A~.NDA ~ -- NO. ~ JUL 3 I 2001 pg. 3 _ THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, GEORGE P. SACCO, SR., for entry of a Stipulated Final Judgment as to Parcel No. 316, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, GEORGE P. SACCO, SR., and the Court being other, vise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, GEORGE P. SACCO, SR., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Four Hundred Dollars and No/100 ($1,400.00) for Parcel No. 316 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it'relates to Parcel No. 316; it is further ORDERED that Petitioner shall deposit an additional Four Hundred and No/100 Dollars ($ 400.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further 'ORDERED that disbursement to Respondent, GEORGE P. SACCO, SR., shall be by further order of this Court; it is further ORDERED that title to Parcel No. 316, drainage, utility, and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September i4, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2684, Page 1016 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 316; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this __ day of ., 2001. conformed copies to: Heidi F. Ashton, Esq. George P. Sacco, Sr. Lorraine Burgess Bernadine Jackson Tracy Naughton Avatar Properties, Inc. Collier County Tax Collector 2 CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 316. Dated: 3 Dinanno Road Stoneham, Massachusetts 02180 I-H~IDI F. ASHTON, ESQ. Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 3 JUL 3 1 2001 Pg. ~ PROJECT NO. 63041 PROJECT PARCEL NO. 316 For. lC) ~t- 3'1 ]J~GALDESCRIPTION & SKETCI:J (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 38, LESS the Ea.';t 30 feet there, of, Golden. Gate Estates Unit No. 11, as recorded.in Plat Book 4, Page 103 ot' the Publlc Records of Collier County, Florida. _ NOflTI PROPERTY LIXE WE.~T PROPERTY LII~' I' i I I I I I I I PROPERTY LINE N 1~ FOOT DRAINAGE, UTILITY AND I R i EXISTING MAINTENANCE EASEMENT " 1 ~.,, I~ , (GOLDEN OA3/E 0LVD.} {3corEc It. T(lchmo,~d ?,l,..q, #240(, ?n~li~ Works P-n~,inccd~qi Dcpt. SCALE: I Inch ,, 10010o[ 33Ot Tnminm[ Trnii East JUL 3 1 2001 EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Lee County Housing Finance Authority to issue single-family mortgage revenue bonds to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an interlocal agreement with the Lee Authority. OBJECTIVE: To accomplish the necessary approvals to authorize the Lee County Housing Finance Authority issue single-family mortgage revenue bonds to be used to originate mortgage loans to qualified buyers of single family homes in participating counties, including Collier County, if Collier County participates in the program and authorizing the Housing Finance Authority of Collier County to enter into an interlocal agreement with the Lee Authority to allow participating lenders to originate loans in Collier County. CONSIDERATIONS: For several years the housing finance authorities of the various counties in southwest Florida have been cooperating in several housing programs to maximize the benefits to all participating counties. One of these programs has been the single family mortgage revenue bond program run by the Lee Authority. The program works as follows. Participating lending institutions in southwest Florida subscribe to originate loans under the program. The Lee Authority then issues mortgage revenue bonds to create a pool of funds from which mortgages can be originated. Buyers apply to the participating institutions for mortgages, and if the buyer qualifies for a bond pool mortgage the loan is originated from the pool. The qualifying limitations of buyers, which is set by federal tax law, contain restrictions which makes the program little used in Collier County. For example, buyers must be first-time home buyers and the home cannot cost more than $106,000, among other restrictions. Given the reality of home prices in this county, the demand for mortgages that qualify under this program is not large. However there is a small but steady demand in this county, and it makes sense to offer the program here. It is not economically feasible for the Housing Finance Authority of Collier County to issue bonds for this purpose. On the other hand, a program initiated by the Lee Authority in which any of the counties in the region that desire can participate offers the economies of scale. This is particularly true in this region since most of the participating lending institutions have branches in all of the counties in the region. C:\WINDOWS'~Des ktop',I'lO FA- Si n~l e Family\P~x ¢cud veSummal'Y#2,wtxi JL'L 3 1 2001 There is no cost or obligation involved in Collier County participating in the program. However, since the bonds are issued by the Lee Authority, Collier County must authorize the program in this county in order for the participating institutions to originate these mortgages in Collier. In order to do this, the Board of County Commissioners must adopt a resolution authorizing the bonds and the interlocal agreement between the Lee and Collier Authorities. As are all mortgage revenue bonds, these bonds are based on payments from mortgages originated under the program and are not obligations of the Authority or the County. There is no pledge of any taxes, nor a pledge of any revenues except the mortgage payments. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will assist in providing affordable housing in Collier County. RECOMMENDATION: The Board of County Commissioners adopt the attached resolution. Prepared by: Donald A P~c'l~worth, Counsel Housing Finance Authority of Collier County Approved by: David C. Weigel County Attorney -2- JUL 3 1 2001 Pg. RESOLUTION NO. A RESOLUTION APPROVING THE ISSUANCE BY THE HOUSING FINANCE AUTHORITY OF LEE COUNTY (FLORIDA) OF ITS SINGLE FAMILY MORTGAGE REVENUE BONDS IN THE AGGREGATE AMOUNT NOT TO EXCEED $99,000,000 TO PROVIDE FUNDS TO FINANCE QUALIFYING SINGLE FAMILY MORTGAGE LOANS IN VARIOUS COUNTIES WITHIN THE STATE OF FLORIDA, INCLUDING COLLIER COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Housing Finance Authority of Lee County (Florida) (the "Lee Authority') has authorized the initiation of official action to issue its Single Family Mortgage Revenue Bonds (the "Lee Bonds") to provide financing of qualified owner-occupied single family residences to alleviate the shortage of housing in various counties within the State of Florida, including Colher County and other counties within the State which agree to participate (collectively, the "Counties") by acquiring certain mortgage loans or securities backed by mortgage loans originated by lending institutions to finance the purchase of single family, owner-occupied houses for low, moderate or middle income persons or families in the Counties. The Lee Bonds to be issued as described herein are referred to herein as the "Bonds"; and WHEREAS, Section 159.603, Florida Statutes, as amended, authorizes the Board to approve the operating of the Lee Authority within the territorial boundaries of Collier County (the "County"); and WHEREAS, on May 30, 2001 the Housing Finance Authority of Collier County Collier Authority) conducted a public hearing as required by Section 147(0 of the Internal RevenUe Code of 1986, as amended, with respect to the issuance of the aforementioned bonds; and WHEREAS, no members of the public appeared at the above-described hearing to object to the issuance of the Bonds, and the Collier Authority having considered the advisability of the same, and having adopted the Collier Authority's Resolution No. 2001-05, (the "Approving Resolution") approving the Interlocal Agreement and authorizing its execution upon authorization from the Board of County Commissioners of Collier County, a copy of said Resolution being attached hereto as Exhibit A; and WHEREAS, combining, the authority to issue single family mortgage revenue bonds of the Lee Authority, Collier County and any other counties desiring to participate in the issue will permit mortgage loans to be made available at rates below the rates otherwise attainable through separate issues. WHEREAS, such a program would benefit Collier County and aid in alleviating a shortage of affordable housing and capital available for investment therein within Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARB COMMISSIONERS OF COLLIER COUNTY, FLORIDA: JUL 3 I 2001 Pg. ~.._~__~ SECTION 1. Pursuant to Section 159.603, Florida Statutes, as amended, the operation of the Lee Authority within the territorial boundaries of Collier County as described herein, is hereby approved. SECTION 2. The execution and delivery of the Interlocal Agreement by the appropriate officers of the Housing Finance Authority of Coliier County authorizing the issuance of the Bonds to finance qualifying single family mortgage loan programs in Lee County, Collier County and other participating counties, a proposed form of which is attached to the Approving Resolution, is hereby authorized. The form of the Interlocal Agreement attached thereto is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form by the officers of the Collier Authority and the Lee Authority executing same, such execution and delivery to be conclusive evidence of such approval. The appropriate officers of the Collier Authority are hereby authorized and empowered to execute and deliver the Interlocal Agreement, subject to such changes, modifications, additions, deletions and substitutions as such officers executing the same shall approve and to affix thereto or impress thereon the seal of the Authority. SECTION 3. This approval shall in no way be deemed to abrogate any regulations of Collier County, Florida, and any and all single family homes contemplated to be financed with the Bonds shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, the Collier County Land Development Code, and all applicable impact fee regulations. SECTION 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of ,2001. ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: David C. Weigei, C~[mty~-omey JUL 3 1 2001 RESOLUTION NO. 2001-05 A RESOLUTION APPROVING THE ISSUANCE BY THE HOUSING FINANCE AUTHORITY OF LEE COUNTY (FLORIDA) OF ITS SINGLE FAMILY MORTGAGE REVENUE BONDS IN THE AGGREGATE AMOUNT NOT TO EXCEED $99,000,000 TO PROVIDE FUNDS TO FINANCE QUALIFYING. SINGLE FAMILY MORTGAGE LOANS IN VARIOUS COUNTIES WITHIN THE STATE OF FLORIDA, INCLUDING · COLLIE~RCOUNTY; AND.PROVIDING AN EFFECTIVE DATE. WttEREAS, the Homing Finance Authority of Lee County (Florida) (the "Lee Authority") has authorized the initiation of official action to issue its Single Family Mortgage Revenue Bonds (the "Lee Bonds") to provide financing of qualified owner-occupied single family residences to alleviate the shortage of housing in various counties within the State of Florida, including Collier County and other counties within the State which agree to participate (collectively, the "Counties") by acquiring certain mortgage loans or securities backed by mortgage loans originated by lending institutions to finance the purchase of single family, owner-occupied houses for low, moderate or middle income persons or families in the Counties. The Lee Bonds to be issued as described herein are referred to herein as the "Bonds"; and WItEREAS, on May 30, 2001, the Housing Finance Authority of Collier County held a public hearing pursuant to notice published in the Naples Daily News as prescribed by the Internal Revenue Codes; and WltEREAS, Section 159.603, Florida Statutes, as amended, authorizes the Board to approve the operating of the Lee Authority within the territorial boundaries of Collier County (the"County"); and WltEREAS, combining the Authority to issue single family mortgage revenue bonds of the Lee Authority, the County and any other counties desiring to participate in the issue will permit mortgage loans to be made available for. investment therein within the County. NOW, THEREFORE, BE IT RESOLVED BY TH.E HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA: SECTION 1. Pursuant to Section 159.603, Florida Statutes, as amended, the operation of the Lee Authority within the territorial boundaries of Collier County as described herein, is hereby approved. EXHIBIT A TO BCC RESOLUTION SECTION 2. The execution and delivery of the Interlocal Agreement authorizing the issuance of the BOnds to finance qualifying single family mortgage loan programs in Lee Coun~ty, the County and other participating counties, a proposed form of which is attached hereto as Exhibit A, is hereby authorized. The form of the Interlocal Agreement attached heret( as ~~ JUL 3 1 2001 Pg. ~ i hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form by the officers of the County and the Lee Authority executing same, such execution and delivery to be conclusive evidence of such empowered to execute and deliver the Interlocal Agreement, subject to such changes, modifications, additions, deletions and substitutions as such officers executing the same shall approve and to affix thereto or impress thereon the seal of the County. SECTION 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 30t~ day of May, 2001. COLLIER ATTEST: Gary D. ~'~md,-Secretary INTER.LOCAL AGREEMENT THIS AGREEMENT made and entered into by and between the HOUSING FINANCE AUTHORITY OF LEE COUNTY (FLORIDA), a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Lee Authority"), and the HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Local Authority". WITNESSETH: WHEREAS, Chapter 159, Part IV, Florida Statutes, as amended, authorizes the creation of Housing Finance Authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist ia relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Lee Authority has resolved to issue not exceeding $99,000,000 Single Family Mortgage Revenue Bonds, Series 2000 (the "Lee Bonds"); and WHEREAS, pursuant to Section 143 of the Internal Revenue Code of 1986 (the "Code") as amended, the amount of private activity bonds, including qualified mortgage bonds, which may be issued by governmental units in any calendar year is limited, and is available for allocation to issuers within the State in accordance with Chapter 159 Part VI, Florida Statutes, as amended; and WHEREAS, pursuant to individual interlocal agreements to be entered into between the Lee Authority and the Housing Finance Authorities of other counties (or with other counties in the absence ora housing finance authority) within the State, including Collier County (the "County", and, collectively, the "Counties"), each of the Counties will delegate its authority to purchase mortgage loans or securities backed by mortgage loans originated within the territorial boundaries of its respective county to the Lee Authority (the territorial boundaries of Lee County and the territorial boundaries of the Counties, collectively, the "Area of Operation"); and WHEREAS, the issuance of the Lee bonds by the Lee Authority for use in the Area of Operation will result in a wider allocation of f'med expenses and achieve certain other economies of scale that will have the effect of reducing the interest on mortgage loans that otherwise would have to be charged; and WHEREAS, Sections 125.01, 163.01, 159.608 and 159.803(1), Florida Statutes, as amended, authorize the Lee Authority and the Local Authority to enter into this Interlocal Agreement in order to make the most efficient use of their respective powers, resources and capabilities by authorizing the Lee Authority to exercise those powers which are common to them for the purpose of issuing one or more series of the Lee Bonds to finance qualifying single family mortgage loan programs for the entire Area of Operation. NOW, THEREFORE, the parties agree as follows: Section 1 SUBSTITUTION OF BONDS: EXPENSES. The Local Authority hereby grants authority to the Lee Authority to issue its Single Family Mortgage Revenue Bonds to finance qualifying single family housing mortgage loans described ia the resolutions authorizing the Lee Bonds, and any such Lee Bonds issued for such qualifying housing mortgage loans in the Local Authority and hereby deemed to be in full substitution for an equivalent principal amount &the Local Authority's Bonds. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Lee Authority or its agents and all payments due from such revenues shall be paid by the Lee Authority or its agents without further action by the Local Authority. C:WlyFiles\documentXHOFA~SFInterlocalaggr I .wpd EXHIBIT A TO AUTHORITY RESOLUTION .JUL 3 1 2001 Pg. '-7 The fees and expenses, if any, incurred by the County an/or the County Attorney with respect to the single family mortgage revenue bond program specified in this Agreement, shall be paid from the proceeds of any bonds allocable for use in Collier County and issued pursuant to this Agreement or from program fees contributed by participating lenders. Such fees and expenses shall not exceed $1 per principal amount of Lee Bonds allocated for use in the County. SECTION 2. ADMINISTRATION. The Lee Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Local Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within Collier County. The Lee Authority and its agents shall provide the Local Authority with such reports as may be necessary to account for funds generated by this Agreement. The Lee Authority shall have full authority and responsibility to negotiate, validate, market, sell, issue and deliver its Lee Bonds in such amount as the Lee Authority shall in its sole judgment determine (taking into account lender demand and available allocation of private activity bond issuance authority pursuant to Chapter 159, Part VI, Florida Statutes, as amended) to f'mance qualifying single family housing mortgage loans in Collier County and to take such other action as may be necessary or convenient to accomplish such purpose, such bonds to be issued in one or more series as determined by the Lee Authority. All lendable proceeds of Lee Bonds attributable to the private activity bond allocation for the Local Authority shall be reserved for use in originating mortgage loans in Collier County for an initial period of six months in which such series of Lee Bonds is issued (or such other period as required by law at the time of issuance), whichever is later. SECTION 3. PROGRAM PARAMETERS. The Local Authority shall determine the methodology for establishing and establish initial maximum housing prices and initial maximum adjusted family income for eligible borrowers in Collier County in accordance with the Code, and in each subsequent year, the Lee Authority shall adjust maximum housing prices and maximum adjusted family income for eligible borrowers in the County using the methodology determined by Collier County in accordance with the Code. The Local Authority hereby consents and agrees to the establishment by the Lee Authority of all other program parameters including, but not limited to, selection of allocations among participating lenders as may be required for any bonds issued by the Lee Authority pursuant to this Agreement. The Lee Authority shall select allocations among participating lenders in Collier County based on lender demand in Collier County, available allocation of private activity bond issuance authority, and the lenders' performance in prior bond programs. SECTION 4 TERM. This Agreement will remain in full force and effect from the date of its execution until the date when no Lee Bonds remain outstanding; provided that any party hereto shall have the right to terminate this Agreement upon 30 days' written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by any party during any period that any series of Lee Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Lee Bonds are still in the possession of the Lee Authority or its agents pending distribution, unless the parties to th/s Agreement mutually agree in writing to the terms of such termination. It is further agree that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfilling the obligations associated with the issuance of Lee Bonds pursuant to this Agreement. SECTION 5. INDEMNITY. The Lee Authority agrees to hold the Local Authority and Collier County harmless, to the extent permitted by law, from any and all liability for repayment of principal of and interest or penalty on the Lee Bonds or in connection with the approval by the Local Authority of the program parameters as required by Section 3 of this Agreement, or in connection with the approval rendered by the Local Authority pursuant to Sections 159.603 and 159.604, Florida Statutes, as amended. The Lee Authority agrees that any offering circular or official statement approved by and used in marketing the Lee Bonds will include a statement that Bondholders may not look to the Local Authority for payment of the Lee Bonds and interest or premium thereon. C:~VlyFiles\documentXHOFA\SFInterlocalaggr 1 .wpd SECTION 6. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. JUL 3 1 2001 IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of OF LEE COUNTY ATTEST: Secretary/Treasurer HOUSING FIN~ORITY By: ~ JUL 3 1 2001 Pg.,, q (941) 26~-8060 Do~v.~Lo A. PICKWORTH, P.A. ATTOI~N'EY AT LAW SUITE 602 NEWGATE TOWER ~150 NO~TH T~I~ TR~L NAPLES, FLORIDA 34103 July 17, 2001 FAX (941) 598- 1161 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: July 31,2001 Agenda Dear David: In accordance with our discussion today, I am enclosing the following documents for inclusion in the July 31, 2001 Agenda: 1. Executive Summary relating to approval of resolution authorizing Lee County Housing Finance Authority to issue single family mortgage revenue bonds to be used for loans by participating lending institutions in Collier County and authorizing Collier Housing Finance Authority to enter into interlocaI agreement with Lee Authority. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of July 31, 2001 approving the above. 3. Exhibit consisting of the approving Resolution adopted by the Authority. Pursuant to our discussion, I have revised the Interlocal Agreement to show that the agreement is between the Housing Finance Authority of Collier County (the "Local Authority") and the Lee County Housing Finance Authority. As you can see by the Executive Summary, this is kind of a "no-brainer" for the County, and I would request that this be on the Consent Agenda. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Enclosures Donald A. Pickworth JUL 3 1 2001 pg. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT PURSUANT TO RESOLUTION NO. 95-632 TO RETAIN COUNSEL TO REPRESENT EMS EMPLOYEE FREDERICK F. GONZALEZ IN A TRAFFIC TICKET CASE ARISING OUT OF AN ACCIDENT MR. GONZALEZ HAD WHILE DRIVING A COUNTY AMBULANCE. OBJECTIVE: To obtain Board approval pursuant to Resolution No. 95-632 to retain counsel to represent EMS employee Frederick F. Gonzalez in a traffic ticket case arising out of an accident that Mr. Gonzalez had while driving a County ambulance. CONSIDERATIONS: EMS employee Frederick F. Gonzalez was involved in an accident while driving a County ambulance transporting a patient. The patient died following the accident. Mr. Gonzalez has been cited for failure to use due care and is scheduled to appear in County Court on August 9, 2001. Pursuant to Resolution No. 95- 632, and in anticipation of a potential civil suit against the County at some later date, the Office of the County Attorney and the Risk Management Department are requesting that Mr. Gonzalez be provided counsel to represent him in the traffic ticket proceeding. FISCAL IMPACT: Estimated attorney costs and fees are $2,500.00 to $4,500.00. These expenses will be paid for fi.om the County's self-insured retention fund No. 516. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize the Office of the County Attorney and the Risk Management Department to retain counsel to represent Frederick F. Gonzalez in the traffic ticket case scheduled for County Court on August 9, 2001. Submitted bY: ~~~'~~/~ Date: Michael W. Pettit Assistant County Attorney Reviewed by: ~ ~ _ Date: J~g'~lk~r Risk Management Director Approved by: .~~4~ Date: David C. Weigel ~) County Attorney h:/Public/Litigation/Open Cases/Linda Delgado/exec sum ref retention of counsel for fred gonzalez traffic case.072001 JUL 3 1 2001 Pg' EXECUTIVE SUMMARY APPROVE SETTLEMENT AGREEMENT BETWEEN COLLIER COUNTY AND THE STRAND DEVELOPMENT CORPORATION FOR DELINQUENT ROAD IMPACT FEES RELATING TO GOLF COURSE DEVELOPMENT OBJECTIVE: To obtain Board approval for a settlement between Collier County and the owner of the Strand Golf Course for delinquent road impact fees. CONSIDERATION: Section 74 - 321, et seq., of the pre-existing Collier County Code of Laws and Ordinances provided for the payment of road impact fees for future development that created a need for improvements and additions to the transportation network. Under the provisions of the above referenced Ordinance, in recognition of the cost of providing growth necessitated capacity additions to the county road system, the Board of County Commissioners imposed a road impact fee on all road impact construction occumng within the county and utilized the proceeds from the fee to construct or acquire the improvements. The applicant for any road impact construction permits for development occurring within the county had to pay the road impact fee established in the ordinance. Section 74-325(a) of this ordinance, which was in effect at all times material to this matter, provided that the fee must be paid prior to the issuance of a building permit. The obligation for payment of the fee ran with the land. The Strand Golf Course had previously paid $32,147.00 to the county for its road impact fee. This sum was later determined to be incorrect and the golf course was asked to pay the correct amount based upon a gross acreage calculation but never did so. During the fall of 2000, in a series of hearings before the Board of County Commissioners, the Board of County Commissioners determined that the fee should be based upon a net acreage calculation. Since the beginning of the year, the golf course and the county have been in negotiations in an attempt to resolve this matter. In April 2001 the parties agreed to a net acreage calculation~ deleting the lakes and conservation areas. This resulted in a net acreage amount of 161.713 acres more or less. This results in a fee owed of $172,382.86, minus the amount previously paid, for a total of $140,235.86. Because this fee has been delinquent since December 14, 2000, a penalty of 10% has also been imposed plus statutory interest in the amount of 10% for 2000 and 11% for 2001. The total amount to be paid by the golf course on or before July 15, 2001 is $158,259.44 plus accrued interest from December 14, 2000. Because the relevant PUD provided that the developer was entitled to impact fee credits for land donated for the future east-west corridor of Livingston Road, the county has agreed to accept impact fee credits in lieu of cash for some or all of the fee, dependant upon a written appraisal based upon 1997 land values. An appraiser, Julian Stokes, has been retained to prepare the analysis at no cost to the county. In any event, all outstanding fees plus penalties and interest must be paid to the county 2001. If the appraisal has not been completed by that time, a cash pz made and a refund granted upon receipt of a completed appraisal. by Au._mmT 1 q, JUL 3 1 2001 t .... All claims to the impact fee credits identified under this agreement, pertaining to the conveyance of the Livingston Road land donation, shall be relinquished by the Developer and the credits shall be retained by the County in order to satisfy some or all of the Developer's obligation under the settlement agreement. In exchange for this payment, the county has agreed not to file its lien nor institute foreclosure proceedings. Impact fee credits will be issued only up to the amount of the delinquent fees. FISCAL IMPACT: Funds received from the Developer will be deposited into the appropriate Road Impact Fee District Fund. GROWTH MANAGEMENT: Execution of the settlement agreement will provide for the construction of necessary infrastructure, which is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the settlement agreement subject to the following request by the Developer: a. Allow the developer to apply the $30,000.00 cash bond currently held by the county to any cash due for this delinquent fee. Authorize the Chairman to execute the settlement agreement on behalf of the Board of County Commissioners. Prepared by: ~cq. d61ine Hubbard Robinson, Assistant County Attorney Reviewed and App3~oved by: iSa¢i/C. W ig ', ~oUnt~ttorney ohnDunnuck, Interim Administrator Date:~ ~. ?~,r~ ,/ Date: Date: Jackie/impact fees/settlement agreement 2 AGENDA ITEM NO .... JUL 3 ! 2001 ..?_ SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into and made on this ~ day of July 2001, by and between Collier County ("County") and The Strand Ltd., a Florida limited partnership ("Property Owner" or "Owner"), with respect to the road impact fees the County claims are owed on the Strand Golf Course ("Property"). WITNESSETH: WHEREAS, the County has assessed a road impact fee against the Property more particularly described in Exhibit "A" attached hereto; and WHEREAS, the impact fee was assessed against the Property pursuant to Section 74- 331 et seq. of the Collier County Code of Laws and Ordinances prior to the 2001 amendments to the Code is based upon a net acreage calculation submitted by the Owner and agreed to by the County, said calculation being as shown and attached hereto as Exhibit "B" to this agreement; and WHEREAS, the County contends, but the Owner does not agree, that the impact fees were based upon the impact to the roads created by the Property; and WHEREAS, the amount the County claims but the Owner disputes is currently owed for the road impact fee totals $172,382.86 plus a 10% penalty and interest from the date of delinquency: and WHEREAS, the County and the Owner acknowledge that the Owner has tendered and , i' , ~1 ' - -~ £- -- the County has previously accepted the sum of $32,147.00 as a payment ,, ,~..~iVl.~_o, I I JUL 3 1 2001 pg. which the County claims to be a partial payment of said fees; and WHEREAS, the County alleges, but the Owner disagrees, that road impact fees have been delinquent since December 14, 2000: and WHEREAS, the County has notified Owner by Certified Mail, Return Receipt Requested, that if the alleged delinquent road impact fee is not paid, a claim of lien for the total amount owed the County would be imposed on the Property: and WHEREAS, the County and the Owner desire to avoid the cost of litigating the propriety of the lien and any resulting foreclosure for the amount of the outstanding fee and desire to settle this issue for all time: and WHEREAS, the County and the Owner desire to reduce their settlement to writing and to be bound by the terms of this agreement; and 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 Owner 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. The Owner shall pay in full, the sum of ONE HUNDRED FORTY THOUSAND, TWO HUNDRED-THIRTY-FIVE DOLLARS and EIGHTY-SIX CENTS ($140,235.86) plus any agreed upon penalties and accrued statutory interest from the date of delinquency, to the County from December 14, 2000 by no later than August 15, 2001. Interest shall be calculated at the statutory rate for final judgments. AGF~DA ITEM JUL 3 ! 2001 Pg. o The Owner shall be given credit for the appraised value of the land donation to the County for the east-west corridor of Livingston Road as set forth in Ordinance 97-24 for Pelican Strand, the relevant PUD, in an amount to be determined based upon a written appraisal using 1997 land values. Said credit to be effective only upon the actual conveyance of the property to the County, free and clear of all liens and encumbrances in fee simple by warranty deed. The Owner shall be given impact fee credits equal to the total amount owed for the appraised value of the land donation to the County for the east-west corridor of Livingston Road as set forth in Ordinance 97-24 for Pelican Strand, the relevant amended PUD, in an amount to be determined based upon a written appraisal using 1997 land values, [hereinafter the "Donation"]. These credits may be only be_used to pay the total fees as set forth in paragraph 2, herein. The land donation consists of the reserved right-of-way along the north boundary of The Strand development to accommodate the south half-right-of-way for the east-west corridor of Livingston Road. Said aforementioned payment, shall constitute payment in full of the outstanding delinquent road impact fee for the Property, including penalties and interest. The Owner represents and warrants to the County that it owns The Strand Golf Course (the "Property"), more particularly described in Exhibit "B," as of the time of the execution of this Settlement Agreement. The amount of credits made available and issued to the Owner shall not exceed the amount due the County under para~aph 2. Said credits shall be issued only upon the actual conveyance of the Donation to the County, free and clear of all A~-~N~ITE:M. JUL 3 2001 3 Pg. ~ 10. 11. 12. 13. 14. 15. 16. liens and encumbrances in fee simple title 'by warranty deed in a form acceptable to the County. The Owner shall provide to the County all necessary documents for closing and recording, including an acceptable title policy, at the time of the conveyance of the Donation. All costs of recording and conveyance shall be borne by the Owner. The land Donation shall consist of the reserved right-of-way along the north boundary of The Strand development to accommodate the south half right-of-way for the east-west corridor of Livingston Road. Said aforementioned payment, shall constitute payment in full of the outstanding delinquent road impact fees for the Property, including penalties and interest. The Owner represents and warrants to the County that it owns The Strand Golf Course [the "Property"], more particularly described in Exhibit "B", as of the time of the execution of this Settlement Agreement. The Owner has entered into this Agreement freely and voluntarily after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from its counsel. In executing this Agreement, the Property Owner does not rely on any inducements, promises, representations, other than those expressed in this Agreement. The Property Owner expressly acknowledges and a~ees 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 AOENDA 4 JUL 3 I 2001 pg. 17. 18. 19. 20. 21. 22. 23. cash deposit for work to be done on Strand Boulevard County Commissioners. The Parties hereto agree that this Agreement supercedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between the Property Owner and the County and that there exists no other agreements, oral or written, between them relating to any of the mauers covered by this Agreement or any other matter whatsoever. This Agreement may be 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. In the event that the Owner 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 by filing a Claim of Lien including the legal description as set forth herein. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. - This Agreement shall be governed by the laws of the State of Florida. The Property Owner and the County agree that each of them shall bear their own attorney's fees and costs incurred in the preparation, prosecution or defense of this agreement or any dispute resulting here from. At the Owner's election, the Owner shall be permitted to apply the $30.000.00 ~ursuant to Fifth Third AGENDA ITEM NO. JUL 3 I 2001 pg. 7 Bank Letter of Credit No. SB1127 that expired on December 8, 2000 and was converted to cash currently being held by the County. This cash bond is in account no. GL 67000000022011300000. If the Owner does not so elect, that $30,000.00 shall be returned within ten (10) days after receipt of a written request from the Owner. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement, which consists of seven 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 6 WITNESSES: Signature Print or type name THE STRAND, LTD., a Florida limited partnership By: Robert Paul Hardy as Vice President of The Strand Development Corporation of Naples as sole general partner, will full Power and authority to bind the partnership On Behalf of the Strand Golf Course On behalf of The Strand Golf Course Signature Print or type name STATE OF FLORIDA COUNTY OF I.EE The foregoing instrument was acknowledged before me this __ day of July, 2001, by Robert Paul Hardy as Vice President of The Strand Development Corporation of Naples, as sole general partner, with full power and authority to bind the partnership On behalf of The Strand Golf Course. He is personally known to me , or has produced a Florida driver's license no. as identification. Notary Public Print Name My commission expires: SEAL JUt. 3 1 2001 Pg' 7 Approved as to form and legal sufficiency: ~,,a~qu~line Hul~bard Robir~son A"~sistant County Attorney H/Jackie/Duties of Transportation Admillistrator/Settlement Agreement/Amended Il AGENDA I.T~VI NO.~ JUL 3 1 2001 pg._/~ _ EXECUTIVE SUMMARY APPROVE A CONTINUING RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF FIXEL & MAGUIRE, PARTICULARLY RELATING TO EMINENT DOMAIN PROCEEDINGS. OBJECTIVE: Recommendation that the Board approve a continuing retention agreement with the law firm of Fixel & Maguire, for outside legal services on an "as needed" basis, particularly relating to eminent domain proceedings. CONSIDERATIONS: Attached for the Board's approval is a Continuing Retention Agreement with the law firm of Fixel & Maguire, a law firm to be used by.the County on an as-needed basis to provide specialized legal services. The contract does not address any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. The County generally shall request services on an as-needed basis in the area of eminent domain proceedings. County staff has previously worked with this firm and has been very pleased with the expertise and attention provided the County. The rates charged by the Fixel & Maguire will be at the discounted rate of $235 per hour for trial work and $200 per hour for non-trial work. Every two years beginning in 2002, the rates for attorney time shall increase by $10.00 and paralegal time shall increase by $3.00. Despite the increase, these rates continue to reflect a large discount for Collier County. .FISCA.L IMPACT: The approval and execution of the attached Continuing Retention Agreement has no fiscal impact zn and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contract upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project and will include actual out-of-pocket expenses, except for travel expenses which are excluded unless approved in advance by the County Attorney. Legal services relating to Collier County road projects shall be paid from gas taxes or impact fees as budgeted by project number. Other County legal work performed by Fixel & Maguire shall be paid by and through the Office of the County Attorney or other County Department/Division requesting and receiving services. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached continuing retention agreement-with the law firm of FIXEL & MAGUIRE for specialized legal services pertaining to eminent domain and requested on an as-needed basis. Prepared By: Approved by: h: HFA~ExSum~ixel Heidi F. Ashton ey North E. l~eder, Administrator T~sportation Division County Attorney Date Date '/8// f A GEblDA~ ITEM JUL 2001 CONTINUI1NG RETENTION AGREEMENT THIS CONTINUING RETENTION AGREEMENT made and entered into this ~ day of ,2001, by and between the Board of County Commissioners, (hereinat~er referred to as the "Board" and/or "County"), and the law firm of Fixel & Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, (hereinat~er referred to as "Counsel"). WITNESSETH: WHEREAS, Counsel has special expertise and resources in the acquisition of property through eminent domain proceedings; and WHEREAS, the Board from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; and WHEREAS, the Board has utilized Counsel in the past and has been very satisfied with their advice and representation. NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties mutually agree as follows: '~ 1. Counsel agrees to render legal services to the County for work relating to the County's acquisition of property including eminent domain proceedings that may be assigned to Counsel from time to time by and through the County Attorney's Office. 2. For all land acquisition and eminent domain work performed by Counsel, the Board, through the Office~ of the County Attorney or the County's Transportation Division, agrees to pay Counsel as compensation for legal services at Counsel's discounted rate of $235.00 per hour for all trial work and $200.00 per hour for non-trial work. Counsel shall be compensated at $60.00 per hour for paralegals providing services hereunder. Every two years, beginning January 1, 2002, the rates for attorney time shall increase by $10.00 and paralegal time shall increase by $3.00. 3. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., Page 1 of 4 "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 4. A statement or invoice for services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thirty (30) days after the due date. 5. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Collier County Risk Management Department within fourteen (14) days of the date of this Agreement. Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. officers, employees, and agents from and against any and all losses, professional fees, including attorney fees, and all costs of litigation and jul Counsel shall protect, defend, indemnify and hold harmless the Board and its Page 2 of 4 penalties, damages, grn~nta ari.qine out of AGENDA-ITEM No. I (,o~.7 JUL 3 1 2001 Pg. any willful or intentional misconduct, negligent acts or error or omission of Counsel, its subCounsels, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees or agents by any employee of Counsel, any subCounsels, subcontractors, or anyone directly or indirectly employed by any of them. Counsel's obligation under this provision shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or the Counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to Counsel for performance of services authorized by this Agreement is specific consideration for Counsel's indemnification of the County. 7. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. . 8. It is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 9. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30)-day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 10. This Agreement shall be effective upon execution by the Board and Counsel. 11. Unless terminated pursuant to Section 9, this Agreement shall be for a term of four (4) years. This Agreement may be renewed for an additional four (4) year term upon written notice by County to Counsel prior to expiration of this Agreement. JUt 3 1-2001 Page 3 of 4 pg._ ~' IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an authorized person or agent, hereunder set their hands and seals 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 WITNESSES: FIXEL & MAGUIRE By: ~,,q . Fixe~, Esq. % Approved as to form and legal sufficiency: H~idi F. Ashton Assistant County Attorney h:GB~Agrcements200 l~Fixel Approved by: Page 4 of 4 Steve Miller, P.E., Director Transportation Engineering & Construction Management AGENDA ~T5 ¢,A JUL 31 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETYLEMENT IN WATER EQUIPMENT SERVICES, INC. v. COLLIER COUNTY, FLORIDA, CASE NO. 97-4453-CA-01, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD PAY $6,500 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE DISMISSED WITH P~ICE. SAID $6,500 SETTLEMENT WAS ARRIVED AT DURING SETrLEMENT NEGOTIATIONS. OBJECTIVE: That the Board of County Commissioners approve the settlement in Water Equipment Services, Inc. v. Collier Count),, Case No. 974453-CA-01, now pending in the Twentieth Judicial Circuit, in and for Collier County, Florida, pursuant to which the County would pay $6,500 and all claims against the County would be dismissed with prejudice. Said $6,500 settlement was arrived at during settlement negotiations. CONSIDERATIONS: Water Equipment Services, Inc. brought suit against Collier County claiming that Collier County failed to abide by its own purchasing policy, thereby causing Plaintiff, Water Equipment Services, Inc., to not have sufficient time to submit its Notice of Intent to Protest, thereby losing its right to the formal protest procedures provided for in the purchasing policy. Water Equipment Services, Inc. claims that it was the lowest bidder on a construction project and was not awarded the bid and sustained damages as a result of its inability to protest the award. The damages claimed were for preparation of specifications which Water Equipment Services, Inc. alleged were used by Collier County in its bidding specifications. Then, Collier County awarded the bid to another higher bidder. The Plaintiff demanded damages in the amount of twenty percent of the cost of the one million dollar plus contract, or damages of approximately $200,000. After lengthy discovery, the plaintiff reduced its demand to $15,000. After further negotiations with the Plaintiff, Collier County was able to settle the matter with Plaintiff for $6,500. Although Collier County feels that it would most likely prevail on most of the issues, Collier County would have to spend approximately $4,000 to $6,000 to prepare for and through trial for expert witness fees alone. Additionally, the testimony of three former County employees would be necessary. These three former employees would most likely not have been either ~illing or helpful to the County's case. Moreover, there are some factual discrepancies reduced to writing by the County that would open the door to certain issues in the case, which would make the trial of this matter extensive, complicated and would reduce the County's chances of prevailing. Additionally, discovery has yet to be completed and additional depositions and costs will be incurred by the County. Based upon the foregoing, the resolution of this matter for $6,500 is a sound business decision and cost effective way to resolve this matter in the light most favorable to the County. Of course, said settlement is subject to Board approval. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: A budget amendment in the amount of $6,500 will be needed to transfer funds from the Water-Sewer Operating Reserves to the Operations Department Budget. The s,~,',-,- nf fnnd~ is the Water/Wastewater User Fees. I No.~ RECOMMENDATION: That the Board of County Commissioners aPprove a settlement with the principal terms set forth in this Executive Summary and authorize the Chairman of the Board of County Commissioners to execute all necessary seulement documents. Prepared by: Reviewed and Approved by: Weige~ .... County Attorney Reviewed and Approved by: Public Utilities Division Date: Date:--'~--~ 3--0 / Date: H:BillfExecutive Summai)'-WaLer Equipment Svcs Case 2 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 171 AND 771 IN THE LAWSUIT ENTITLED COLLIER COUNTY E DOMINIQUE C RIHS, ,~ TRUSTEE, ET AL., CASE NO. 01-0758-CA. (LIVINGSTON ROAD, PROJECT NO. 60071) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcels 171 and 771 for the Livingston Road project in the lawsuit entitled Collier County v. DOMINIQUE C. RIHS, as Trustee of the ~ Trust Number 5146-1, et al., Case No. 01-0758-CA. CONSIDERATIONS: On May 31, 2001, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 60071). On June 12, 2001, Collier County deposited with the Registry of the Court the sum of $27,100 for Parcels 171 and 771 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Dominique C. Rihs, as Trustee of the Land Trust Number 5146-1, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2001-46). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $32,520.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcels 171 and 771 and $3,142.00 to be paid to Charles R. Forman, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $8,562.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. (?,,-~_ISCAL IMPACT: A budget amendment is needed to transfer Funds in the amount of $8,562.00 from the road construction Impact Fee District I Reserve fund. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and AGENDA I~..M No. tC~ ICA JUL 31 2001 direct staffto deposit the sum of $8,562.00 into the Registry of the Court. Approve the necessary budget amendment. SUBMITTED BY: · Heidi F..~shion Assistant County Attorney Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director TransportationfECM No~ Feder, Administrator Tr~sportation Division David C. Weigel County Attorney Date: 7/9,/" / Date: Date: / / h:LitXEmDomXRihskExSum-SFJ Parcels 171,771 AGENDA I~ ~o. !,,,, 't~H JUL 3 1 2001 352-351-1690 FI3RMF:IN.-..I<REI4_~~ 021 PO2,,/B4 J'LIN 2B '01 16::37 IN Tl~ CIRCUIT COURT O~ '~I.~. TWKN'rlETH jUDICIAL CIRCUIT IN AND FO~, COLLIER COUNTY, FLORIDa, C13/IL ACTION CoI.I.IF.R COUNTY, FLORIDA, po~i6cal subdivision of ~¢ Star~ of Flon~, v$ DOMINIQUE C. RII-I$, ss Trm~ of thc Land Trust Nurab~ 514~- l, g al., ~ No.: 01-0gig-CA Parcel Nos.: I'/I & 771 Respondents. STIIq~ATED I;'I~AL THIS CAUSE having come bcfo~ thc Court upon iloint Motion made by petitioner, COLLIER COUNtTY. FLORIDA, b~ and through its undmaigned counsel, and Respo, dent, DOMINIQUE C. RillS. as Tmst~t of the ~ Trust Numbar 5146-1, by and Through her unde~igncd counsel, Charte~ R Forman, Esq., atld Respondent, It~S ARLINGTON LAK~ LLC., by arid through ils under~ignc, d counsel,/or enu'y or' a Snpulateti Final Iu *dgment aa to Parcel Nos. 171 md '/?1, anti it appcanng to the Court tha~ thc parties ar~ authorized to mak~ such Motion, the Court finding tha/the compensation to bc paid by l'ctaioner is th" f~ll comp~'nsauon due Rcspondznr. DOMINIQLr~ C. RIHS, ~s Tmsmz of tb~. l~nd Trust Ntmlber 15146-1, and thc Court b~ing otherwise fully advised in the ptertfises thereof, ir is thereupon ORDF...RF-r) AND ADIUDOED that Respondent, DOMI/qlQUE C. RIHS. as Trus~ of Land Trust Number 5146-1, hav~ ~md recover from Petitioner. COI.,LIF~ CO~. FLORIDA, the Sttln Of Thirty-Two Thousand Fwe Hundred Twenty and No/1.00 Dollars ($3~..,S20.00) for parcel Nos. 171 and '171 as full payment for thc properly inmrests ~ken and for ch ~a-~Gr~ql~,~ mc bio JUL 31 2001 3'52-X51-1690 FORMAN-KREW_gMONTGOM f!~,l P03/04 JUN 28 '~1 ~-- ~rnaindcr, if leSs than Ihe elltite property was taken, btlsines$ dalllagea, and for Ill other d~_,nages in ccmr~cchoa wi~ ~a, id palxzl; it is furtbm ORDERED that Respondent, DOMINIQUE C. RIHS. as Trustee of th~ land Trust Humber 5146.I, Teceive from Petitmne~ as a reasonable aRorncy fee ptususr~I to qection 73.092(1), Flor/da Star, frs, the sum of Three Thouss~ One HundFed Fortl-Two 8~d No/100 Dollar3 ($3,147..00); it is f'urthcT ORDt'~ that Petidoncr shall deposit ma additicmal Eight Thousand lilve Hundred Sixty- Two and lqorl00 Dolhrs ($8jE2.00); it is ftmhcr ORDER.ED that the Clerk o/ti~is Cnurt sh~ll disbur~ the total amount of' Three Thousand Oruc llundred Fortl,-Two nd No/100 Dollars (S3~142.00) to FOILMAIq. KREHL & MONTGOMERY Trus~ Account, c/o Charles R. Forman, Esquirg. 320 ~ 3'd Avenue, P. O. Box 159, -- Ocsla, Florida 34478, for R~spondent's Anorney's fees; it is fu.,'thcr ORDERED that the Court reserves jurisdi~on to apportion and disbufle tl~ award, of Thirty- Two Thousmad Five Hundred Twenty nd No/100 DnJlars ($32,S10.00) referred to above; it is furdter ORDERED that ~c Court reserves j~sdiction to tax agilnst ?eritioncr costs and auamcy's tees for supplemc,tal pi'oc~dings pursunt to Section 73.091, r'qor/do Statures, and $cction 73.092(2), FIoHd~2 Sr,,,~,r¢~, it' compcnsabl¢, and m r'flforce d~e mrms of' this Stipulated Fiflal Iudgraerit; it is tunhc~ ORD 'EP~ tha! the Llvingsto:~ Road/ix-IA~ng pmjec! shall be constructed pursuant rD sheets 4~; 44, 4~, '/7_ and 73 of th,' final ~nstm-'tion plans and specifications for th~ six-latfing of Livingston Ruad pertaining to Parcr. l Nos. 1'/1 and '771, copies of wh/ch ~re sttachegt hereto u F. xhibR "la", and th~s S~ipulau:d Final luclgrnent is based on thc attached plaas ~md specifir, alions; it is further AGENDA ITeM JUL 3 1 2001 ~-~1-1~E~ FO~-KF~E-LS~IONT~OM 0~0 P01 JUN ~8 ~01 16:3~ JOI~T MOTION lq:IR STIPULATED R~ 3UDGM~qT panics hereby supuhte md ~espe~tt'ull¥ request this Couf~ to entre Final the foregoing ~onda Ba: No. 229253 FOICh~LN. ~ & MONTGOMERY 320 NorThwest 3"~ Av~ue P. O. B~ Oc~a, Flon~ 3~78 (352) 73~3915 - Tc~ho~ (352) 351-1690 - F~si~le ATI'OR~ FOR ~PO~~ ~S ~d,Dl F. AstrrON, EsQ. Florida Bar No. g~i6770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 F. Mt Tam, ami Trail Naples, 'Florida 34112 (9¢1) 774-8400 - Telephone (~41) Ty4-0225 - Facsimile ATTO{~'~IEY FOR PL~TITION~ l:~- Bar No. t~810 e~g J. IACON~ ~O~ BaT No. 450l T~s~i T~I, ~, 5m~ 300 Naples. ~ 34103 (941) 262.5959 - Te~hone A3TOR~S POR ~SPO~~ 4 AGENDA IT. EM No. IL~ L~"/ ,,, JUL 3 1 2001 pg. ~' 352-351-1698 FORMAN-KREHL&MONTBOM 821 P04/84 JUN 28 ~01 16:37 OP..I}i-2tED that Col]asr Co=nty :z~:~rv~S ~ ~i~ht Xft~ illigal COIlSITUCtinn pzzrsuant to t~e, filial cnnsu~ion pla~s ~l'id ~p~cifications to remov~ or a]t~r ~hc ful| zlle. d/nll optm/ng ~t approx~w, al~ly Stpr, on 2'/2+00 ~ ~rne d~t~ in ~hc f,_~,,__,"~ ba~ed, on 8videnc~ of Ftilure to zn~ct s~=t7 and/or ~padty stan~: however, Colli~ County shall consider at a futun~ date ~b.' ii~tion of & tra~¢ signal a~ the M1 m~dian op~tinF, in acco~lance with County polic~s snd procedums~ iT is furor OI~)F..RI/D that, putst:ant to Section 2. l.lt of the Collier County IJnd Development Code, Respondent, DOMIN'I{~UI/C. RII4S, as Trustee of thc l~ncl Trnst l~Iumbcz 5146-1, its successors and as.~i~s, shalt have lzlzef of 30 feet from the setbnclc requi~n~n~s for I,ivinlston Pond; it is further ORDERFA) that Collier Cotutty shall stub existinl~ water service to Rzspondcnt's pt-operty line during the construction of Livingswn Road and ~e clcr.~cration/accclcration laries, provided, however, this provision shall not relieve Respc~ndent from any obligaliozl tn connect to or pay ils fair shar~ for uszlities along Whippmwill Lane, as zequ~r~d under County Ordinance l~lo. 2000-6'/; it is further ORDF. I~__~rz that title To l~;..:~1 Nos. 1'/1 and 771, being full~ desczibed in F. zhibi~ "A" amiched hereto and incorporated herein, which viii vest in Petitioner pursuant lo the (~der of Taking dated May ~ 1, 2001, and th~ dep~si: of money to b~ mad=, is approved, ratified, and ¢onftn~ed; it is fttrthe~ ORDI~m': that th~ NoU=e of Lis P~ndens filed in thc above-styled cause and rccordecl in Of~cial Record Book 27S0, Pale 3311 of t~e Public R~cord~ of Collier Cotmty, Florida b~ ciismissed .-,- to Parcel Nos. 171 and'F/l; ii is I~rther ORD 'I!RFJ3 that this Stipulated Final J~dgt~nt is to be recontcd in the Official Records of Collier Cm~nry, Florida; it is therefore DOLCE AND ORDERED in Chambers a~ Naples. Collier County, Florida, this ~ day , 2001. !.. 3 ! 200l AGENDA IUL 3 1 2001 I... 3 ! 2001 UL 3 1 2001 3 1 2001 AGENDA L~E~ No. JUL 3 ! 2001 I~ml~J~)D~~ P"OJECT~ NO, PROJECT PkRCE'L NO: ~ TAX PARCEL SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER 'COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION DF' TEMPORARY DRIVEWAY RESTDRATJ~N EASEMENT) ~ '" WEST 2A4' OF SOUTH f/2 OF* SOUTH I/2 PREPARED BY; , "'SHEET 1 ~ 3LJL 3 1 2001 SEC TION 1 B, TOWNSHIP 49 SOUTH, COLLIER. COUNTY, PROJECT: NO. BOO7t .PROJECT PARCEL NO: "7"' ~ TAX PARCEL NO. __ RANGE 26 EAST FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT a TEUPORARY DRIt/E'I~Y RESTORA]IDH EASEU[HT DVER AND A~OSS ALL ~IDA. B~ ~g P~ARLY D[SCRIBED AS ~f~ AT ~ ~ST ~E-~AR~ C~HER ~ S~ SEC~ lB; ~ ~ENCE LEA~NO ~ ~3T ~E ~ ~ 3EG~ lB, N~ ~AST ~OD FEET~ ~CE S~ 8g'35'~3' ~ST ~O.OO ~ TO ~ P~NT ~ BE~NNIHO C~TA~G 14B5 SOUSE ~ET ~ LA~ UORE ~ LES~ BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSiT'I~, E/~ST..Z. ONE B3,/90~ PREPARED BY: SCALEr ~ ' DRA~ BY/~ OA~OV. ~n. CHECKED~;~, P~OJ/CT NO.: FiLE NO~ 727~ *ACAO NO; 7274.37 JUL 3 ! 200~ " PERI~ETUAL, NON-EXCLUBIVE Bs X~,~' ROAD RIGHT-OF.WAY, DRAINAf.~, PROJECT: NO._ PROJECT PARCEL NO; TAX PARCEL NO. ~ SECTION 18, TOWNSHIP 49 SOUTH, RANGE. 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY. DRAINAGE. UTILITY ANo NCE EASEMENT (NOT A SURVEY] SHEET ~ OF 2 FOR OESCRIP~ON OF EASEMENT) .... , ~., ~.~ I ~ ~[ : ~, ~ ' I ~ ~IEDA H~T~ ~ERL~D RE~CAB~ ~UST ~ 0,~, I~ PG. 3~ PREPARED BY: ' S~¢ET '! ~ 2 ~UND&O~ SCALE~ I ~" ~m~.~ ..,~...,. ~....., ~ ~....~ ' ORA~ ay/~ ~A~:. NOV..L, ~ ~ ~ ~ ~m ~ ~ ~ ~.. ~ .IH mm.-,., ~ECKED~:~ PRO~CT*NO.: 7/141 ~u. ,~ ~ ~ ,, ~ m m~ ~.- mm--,-, .. FI~ NO~ 7274 ACAD NO: 7274.14 PROJECTt NO, . , .60071 PRO.CT PARC[L NO: TAX PARCEL NO ..... SECTION 18, TOWNSHIP #9 SOUTH, RANGE 26 -EAST COLLIER COUNTY, FI_ORIDA DESCRIPTION OF ROAD RIGHT-OF-WAY. DRAINAGE. 'UTILITY AND MAIN TENANCE EASEMENT A ROAD R]OHr-OF-WAY. 'D~A/N4~', U~ A~D ~AI~ ~4~T O~R, CDHTAJMHO 0.45 AGRE5 OF LAM:) MO~E Oft L£55. JUL 31 'pg. . BEARINGS ARE BASED ON THE FLOR/DA STAT[ PLAN COORDINAT~ SY~TE~: EAST PREPARED BY: ' .,StdEET 2,/~ 2 ' .,~ ..... I . ;. ,~, I WA~ D~OU, R ~ ~ ~ m. ~ ~ ~, .~.. ~ :=, I~,~ k / CHEWED ~ PRO.CT NO.; 7841 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS 703A, 803A AND 803B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. NAPLES ITALIAN AMERICAN CLUB, INC., ET AL., CASE NO. 98-1672-CA-01 (AIRPORT ROAD SIX-LANING PROJECT FROM PINE RIDGE RD. TO VANDERBILT BEACH RD.) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the in the acquisition of the easements on Parcel Nos: 703A, 803A and 803B in the lawsuit entitled Collier County v. Naples Italian American Club, Inc., et al., Case No. 98-1672-CA-01. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Airport Road Six Laning Project (Pine Ridge Road to Vanderbilt Beach Road; Project No. 62031). In August 1998, Collier County deposited with the Registry of the Court the sum of Fifty Eight Thousand and No/100 Dollars ($58,000.00) for Parcel Nos. 703A, 803A and 803B in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement. The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit The Stipulated Final Judgment provides for a total of Seventy Three Thousand and No/100 Dollars ($73,000.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel Nos. 703A, 803A and 803B, which includes the $58,000.00 previously deposited pursuant to the Order of Taking. There are additional obligations of both Collier County and the Respondents on the attached Stipulated Final Judgment. The Stipulated Final Tudgment provides that Collier County shall deposit the additional amount of Fifteen Thousand and No/100 Dollars ($15,000.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $15,000.00 are available in the Road Impact Fee District 2 Fund. Source of Funds are Impact Fees. ?rs)er/- A/o. &2 031 GROWTH MANAGEMENT IMPACT: Management Plan. Consistent with Collier County Growth NO. JUl 3 ! 2001 RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $15,000.00 into the Registry of the Court. SUBMITTED BY: REVIEWED BY: Heidi F. Ashton Assistant County Attorney A. N. Korti, Project Manager, PWED Date: Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM b ,rm Feder, Administrator l-ansportation Division I~avid C. Weige~' ~ County Attorney Date: Date: Date: Date: A~A ~ NO. !L? ~ I0 JUL 3 ! 2001 P~. -~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, THE NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida corporation, et al., Respondents. Case No.: 98-1672-CA Parcel Nos.: 703A. 803A & S03B STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion of the parties for entry of' a Stipulated final Judgment made by the Petitioner, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and Respondents, JOAN S. HERRING, ',ff~a JOAN CASTLE I-IERRING, d/b/a JOAN S. WARD, individually; WHITLEY S. WARD, individually; JOHN E. CRIMMEL, SR., as Trustee of the John E. Crimmel Declaration of Trust; and SHARON T. CRLMMEL, as Trustee of the Sharon T. Crimmel Declaration of Trust, and thc Court finding that thc compensation to be paid by the Petitioner is full, just and reasonable, and the Court being fully advised in the premises, it is therefore ORDERED AND ADJUDGED that Respondents, JOAN S. HERRING, Wk/a JOAN CASTLE HERRING, d/b/a JOAN S. WARD, individually; WHITLEY S. WARD, individually; JOHN E. CRIMMEL, SR., as Trustee of the John E. Crimmel Declaration of Trust; and SHARON T. CRIMMEL, as Trustee of the Sharon T. Crimmel Declaration of Trust, shall havo AGEND/~ ITEM ~, JUL 3 1 2001 and recover from the Petitioner the sum of SEVENTY THREE THOUSAND and no/100 ($73,000.00) DOLLARS in full payment for these Respondents' claims, exclusive of attorneys' fees and costs. It is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, has previously deposited into the Court Registry the sum of $58,000.00 which was withdrawn by Dcfcnda:~t pursuant to the Order of this Court dated September 23, 1998. Therefore, Petitioner shall p:~y EARLE & PATCHEN, P.A. TRUST ACCOUNT, by mailing such payment to Brian P. P:~,-:: Esq., 1000 Brickell Avenue, Suite 1112, Miami, Florida 33121, as attorneys for thc wi lhin named Respondents, within thirty (30) days from the date of this Order, subject to approval of the Board of County Commissioners, the additional sum of FIFFEEN THOUSAND and nt~/i0¢ ($15,000.00) DOLLARS to be distributed in accordance with this Stipulatcd Final Judgment. It is further ORDERED AND ADJUDGED that COLLIER COUNTY shall allow Respondents to pave a roadway to traverse the drainage easement in 'favor of Collier County located along Respondents' southern property lines provided the proposed roadway complies with, and Respondents follow the procedures set forth in, Collier County Ordinances including, bu! not limited to, the Collier County Land Development Code and Ordinance No. 93-64, to thereby enjoy the easement granted to Respondents by instrument dated October 8, 1992, recorded at O.R. Book 1891, pages 1565 and 1566, in the Public Records of Collier County, Florida, and further provided the proposed roadway does not limit or restrict the County's current or future use of its drainage easement so long as the County's use of the easement is entirely underground, and in the event the County needs to disturb the surface, it shall restore it to its pre-existing condition, including repairing any roadway constructed on the pre-existing access easement. It is further AOENDA ITEM 2 JUL 3 1 2001 ORDERED AND ADJUDGED that COLLIER COUNTY shall permit the drainage easement taken herein and the drainage easement, located along Respondents' southern and western property lines, to be available to be used as a landscape buffer and for the calculatiea residential density units and count as part of building setback requirements for any constructi,',.:: that may be permitted on Respondents' remaining property under any county bui!ding :md zoning laws applicable to Respondents' property and provided it does not conflict with thc County's current or future use of its easements. It is further ORDERED AND ADJUDGED that COIIJER COUNTY shall allow :he connection of the property's future surface water management system to Structures S-90, S-91, S-92 and/or thc 48 inch outfall pipe serving these structures, as shown on Collier County Airport-Pulling Road (C.R. 31) Six Lane Improvement Plans dated June 9, 2000 subject to the future surface water management system complying with applicable South Florida Water Management District permitting requirements, complying with applicable Collier County permitting requirements and complying with determinations by Collier County of available surplus drainage capacity in the 48 inch outfall pipe at the time of application for connection of the future surface water management system to the above referenced structures and/or outfali pipe. A true copy of thc construction plans depicting the above referenced drainage facility is attached hereto and made a part hereof. It is further ORDERED AND ADJUDGED that COIJ.IER COUNTY shall allow direct access from Respondents' property to Airport-Pulling Road by a standard roadway entrance to Respondents' remaining property provided the access complies with, and Respondents follow the procedures set forth in, the Collier County Access Management Plan and Collier County Ordinances including, but not limited to, the Collier County Land Development Code and County Ordinance AOE. NDA ITEM No. 93-64. It is further 3 JUL 3 1 2001 pg, ORDERED AND ADJUDGED that the Court reserves jurisdiction to award attorneys' fees and costs incurred by these Respondents in the preparation of their case and to enforce thc provisions hereof. DONE AND ORDERED in Naples, Collier County, Florida, this __ da3' of .... 2001. Conformed Copies: Joe W. Fixel, Esq. Heidi F. Ashton, Esq. Brian Patchen, Esq. Circuit Court Judge JOINT MOTION The Parties, by and through their undersigned attorneys, move the Court for entry, of the foregoing Stipulated Final Judgment. Florida Bar No. 157545 EARLE & PATCHEN, P.A': 1000 Brickell Avenue, Suite 1112 Miami, Florida 33131 305/372-1112 - Telephone ATTORNEY FOR RESPONDENTS AGENDA ITEkl JUL 3 1 2001 Pg. 4 Dated: HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 941/774-8400 - Telephone 941/774-0225 - Facsimile and JOE W. FIXEL, ESQ. Florida Bar No. 0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassce, Florida 32301 850/681-1800 - Telephone 850/681-9017 - Facsimile ATI'ORNEYS FOR PETITIONER 8 2,, 70BA OFFICE OF CAPITAL PROJECTS 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION 15.01'.~ ~ l°'°lkx, .~,~ ,~ ~ N.89'51'42"E. 1249.04' 1-' I{L'r'''b'-'~[ ~ o.~1 ~ PARCEL 703 .m 15.00k,~ . ,' . o m _ ~= ~150.50~ PARCEL 803~ll Corn ~ ~PARCEL 703B P,D,B, ltl I ' ' ~ ~1 /S.89'51'42"W. S.E. Corner ~~ 192059' I ~[[ ~~ 115.08' N.W. 1/4, N.E.1/4, D~., ,* ' ' :;/ . ~f, ' SW1/4 SE1/4 ./2 89'5142"W 1255.67" J // Sec. 2, Twp. 49S. 1250.68 15.0~/i~ [' ~lS. - ~II~,B.C, S.E. Corner Sec. 2, Twp. 49 S, Rge. 25 E. GENERAL NOTES 1) P,O,C, Indicates Point oF Commencement 8) P.O,B, Indl¢ote$ Point oF I~eglnnln9 3) Sec, Indicates Section 4) Twp. Indicates Township 5) Rge. Indicates Range 6) R/~d Indicates Right-oF-way 7) Att distances are In Feet and declmats thereoF' 8) ]3asls oF bearings Is the ~/es't R/'¢ tine oF' Alrporl; Road beln9 S.02'I4'O0'E, 9) Not vatld untess signed and seated with the embossed seat oF' the proFesslonat land surveyor THIS IS ONLY A SKETCH A C-. -. -. -. -. -. -. -. -~N D A ITEM NO. ~ ~ JUL 3 1 200! Pg. ~ 8 OFFICE OF CAPITAL PROJECTS 5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION .... lO.01k, X ~ ~ N.89'51'42"E. 1249.04.'_~ ~,~_..I ]"' 10' ~0 ~ -N.88'O2'10"E. PARCEL 703 ~-.~O."-JhL .n"l , PARCEL 703B PARCEL ~ ~:1 ~S.89'51'42"W. S.E. Corner ,.~1 1 20.59' ' .~ . N.W. 1/4, N.E.1/4, S.W. 1/4, S.E.1/4, -~' /'~.89'5 '~5.67"' ?.. /-~ . !? 250.68 Sec. 2, Twp. 49S. 1 "J ~ / / ~,o - .__%// I .~'o F:ge. 25E. p,B,B,_/ - ,0_ - ~iI~.D.C. S.E. Corner Sec. 2, Twp. 49 S, Rge. 25 E. GENERAL NBTES l) P,D.C, Indlc~'~es Point oF' CoMMenceMent 8.) P.O,B, Indtca'l;es Point oF Ileglnnlng 3) Sec, Indicates Section 4) ]'wp, Indicates Township 5) Rge. Indica-l;e$ Range 6) R/W Indicates Right-oF-way 7) Att dls't;ances are In Feet and decimals 'l:hereoF 8) Basis oF bearings is the West R/W tine o¢ Air'port Road beln9 S.08'~4'00'E, 9) Not valid unless signed and sealed with 't;he embossed seal oF the professional Land surveyor THIS IS ONLY A SKETCH AO~NDA ri'EM JUL 3 1 2001 PC. ~< OFFICE OF CAPITAL PROJECTS 5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 PROJECT NO. ~'2 ,~- (~ ~ PROJECT PARCEL NO. ~')0-- LEGAL DESCRIPTION (NOT A SURVEY) COMMENCING AT THE SOUTIIEAST CORNER OF SECTION 2, TOWNSIIIP 49 SOUTlt, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COM~IENCEMENT ALSO LYING ON THE EAST RIGIIT OF WAY LINE OF AIRPORT ROAD (C.R. 31); THENCE NORTtt 2 DEGREES 14 MINUTES 00 SECONDS WEST ALONG SAID EAST hIGHT OF WAY LINE, A DISTANCE OF 1049.42 FEET; TIIENCE SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST, A DISTANCE OF 100.07 FEET TO THE WEST RIGHT OF WAY LINE OF SAID AIRPORT ROAD AND THE POINT OF BEGINNING; THENCE NORTH 2 DEGREES 14 MINUTES 00 SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE, A DIST~{CE OF 347.75 FEET; TItENCE SOUTH 89 DEGtlEES 51 MINUTES 42 SECONDS WEST, A DIST,'ICE OF 15.01 FEET; THENCE SOUTII 2 DEGREES 14 MINUTES 00 SECONDS EAST ALONG A LINE LYING FIFTEEN(15')FEET WEST, AS MEASURED PERPENDICULAR TO, SAID WEST RIGHT OF WAY Lille OF AIRPORT ROAD, A DISTANCE OF 347.75 FEET; TIIENCE NORTH 89 DEGREES 51 MINUTES 42 SECONDS EAST, A DISTANCE OF 15.01 FEET TO THE POINT O~ BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.120 ACRE (5215 SQUAEE FEET), MORE OR LESS. ' BASIS OF BEARINGS IS TIlE WEST RIGIIT OF WAY LINE OF AIRPORT ROAD BEING SOUTH 02 DEGREES 14 MIIIUTES 00 SECONDS EAST PARCEL 803 A~DA ITEM JUL 3 1 2001 Pi~. C~ OEb~4;E R."RICHMOND DATE: PROFESSIONAL L~ND SURVCfOR t']2406 89 2~ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION 15.01~ , , ,10m' ~ /~ N.89'51 42'E. 1249.04 ' '~ N 88'02'10"E P""CEL 703~1ff ~5.0 ' ~ , ~ oo · 1~ ~PARCEL B03~ Irl ~--I / ;.Sg'51'42"W. 11112 ~ P.B,C, S.E. Corner Sec. 2, Twp. 49 S, Rge. 25 E. GENERAL NOTES ]) P.D.C. lndlc~ces Point oF Commencement 2) P.O,I}, Indicates Point oF ]3eglnnlng 3) Sec, Indicates Section 4) Twp. Indicates Township 5) Rge, Indicates Range G) R/~ Indicates Rlght-oF-wgy 7) AiL dish.noes ~re In Fee~ ~nd declM~tS ~hereoF B) ~sls oF be~lngs Is ~he ~es~ R/~ tine oF Airport Ro~d being S.02'14'00'E. 9) Not v:tld unJess signed ~nd se~Jed wl~h ~he embossed se~L oF the professional J~nd surveyor THIS IS ONLY A SKETCH AGENDA ~ JUL 3 1 2001 · -- 8B ?. 5501 OFFICE OF CAPITAL PROJECTS EAST TAM ^M TR^ L N^PLES, FLORID^ (94 ) 774-8 92 34112 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. o ,~ ~EGAL DESCRIPTION (NOT A SURVEY) drainage easement COMMENCING AT TI LE SOUTILEAST COILNER OF SECTION 2, TOWTISI lIP 49 SOUTtl, RANGE 25 EAST COLLIER COUNTY, FLOIUDA,SAID POINT OF COMi~,LENCEMENT ALSO LYING ON TI IE EAST IUGI IT OF WAY LI NE OF AIRPORT ROAD (C.R. :3 I) ;TI IENCE NORTIt 2 DEGIUZES 14 MINUTES 00 SECONDS WI.ST, A DISTANCE OF 1049.,I 1 FEET; THENCE SOUTIt B9 DEGILEES 51 MINUTES 42 SECONDS WEST, A D1S'I'ANCE OF 115,08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID LINE, A DISTANCE OF 12:35.6'/FEET; TIIENCE NORTH I DEGREE 01' MINUTES 50 SECONDS WEST, A DISTANCE OF 1:30.00 FEET MORE OR LESS,TO TI-IE SOUTI lEAST COF3qER OF TI LE NORTHWEST QUARTER OF TI.LE NORTI-LEAST QUAR'I'ER OF TIlE SOUTHWEST QUARTER OF TI LE SOUTI LEAST QUARTER OF AFORESAID SECT1ON 2; TIIENCE CONTINUING NORTII ALONG SAiD LINE, A DISTANCE OF 15.00 FEET; TItENCE NORTII 85 DEGREES 02 MINUTES 10 SECONDS EAST, A D1STANCE OF 15.00 FEET; THENCE SOUTH I DEGREE 5'/MINUTES 50 SECONDS EAST, A DISTANCE OF 130.5 FEET MORE OR LESS; TIIENCE NORTIt 89 DEGiLEES 51 MINUTES 42 SECONDS EAST, A DISTANCE OF 1220,59 FEET; T~LENCE SOU;FiI 2 DEGIUL~ES 14 MINUTES 00 SECONDS EAST, ALONG A LINE LYING FII,-FEEN (15') FEE]' WEST OF TILE WEST RIGIIT OF WAY LINE OF SAID AII~'ORT ROAD A DISTANCE OF 15.01 FEET TO TI [E POINT OF BEGINNING; SAiD DESCILLBED TIC&CT CONTAINING 0.4'/0 ACICE (20,488 SQUARE FEET), MOIUZ OR LESS. BASIS OF BI~ARINGS IS TI iE EAST RIGI IT OF WAY LINE OF AiiU'ORT ROAD BI-lNG NORTil 02 DEGREES 1,1 MINUTF. S 00 SECONDS WEST, PAiICEL 803 D NO. . JUL 3 1 2001 · ! Pg. [ 1 . RICHMOND Construction plans referenced in the Stipulated Final Judgment are omitted from the agenda package and available for review. AC-~NDA ri'EM JUL 3 ! 2001 Pg. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 909 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RADIO ROAD JOINT VENTURE, et al., Case No. 98-1396-CA (Livingston Road Extension - Golden Gate Boulevard to Radio Road) Project. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Jud:ment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 909 for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project in the lawsuit entitled Collier County v. Radio Road Joint Venture, et al., Case No. 98-1396-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Four Thousand and No/100 Dollars ($4,000.00) for Parcel No. 909 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, BECK'S PAINTING, INC., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolutions of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit 'T'). The Stipulated Final Judgment provides for Four Thousand Five Hundred Dollars ($4,500.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel No. 909. The Stipulated Final Judgment provides for attorney's fees in the amount of Five Hundred Dollars ($500.00) to be paid to Sparkman & Quinn, P.A. Trust Account. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of One Thousand and No/100 Dollars ($1,000.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ~FISCAL IMPACT: Funds in the amount of $1,000 are available in the Road Impact Fee ' } ~~ Fund. Source of Funds are Impact Fees. AGENDA ITEM JUL 3 1 2001 Pg. GROWTH MANAGEMENT IMPACT: Management Plan for CIE Project No. 53. Consistent with the Collier County ~o~h RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staffto deposit the sum of $1,000.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: REVIEWED BY: APPROVED BY: Tr/~~~~ Engineering Dept. Norman E. ~eder Transportation Administrator David C. Weigel CJ County Attorney Date: Date: h:GBXExSum2000XRadioRdJtVenture-FSJ Parcel 909 ~. t~, ~\ JUL 3 1 2001 Pg. ~ Ju! 11 O1 10:54a sparkman and ~u~nn pa 9416435243 p.2 IN THE CIRCUIT COURT OF ~ TWENTIETH J-IJDICIAL CIRCUIT IN AND FOR COLLIER COUN'I~, FLORIDA CIVIL ACTION COLLIEK COUNTY, FLOKIDA' a political subdivision of thc State of Florida, Petitioner, RADIO ROAD JOINT VENTURe, a Florida corporation et aJ., Case No.: 98-1396-CA Parcel No.: 909 Respondents. / STIPUI~TED FINAL JUDGMENT 'FB/S CAUSE having come before thc Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, BECK'S PAINTING, INC., for entry of a Stipulated Final Judgment as to Parcel No. 909, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, BECK'S PAINTING, INC., conditioned upon the terms and provisions of this Final Judgment in its entirety, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, BECK'S PAINTING, INC., have and recoVer fi-om Petitioner, COLLIER COU1VrY, FLORIDA, the sum of Four Thousand Five Hundred and No/100 Dollars ($4,500.00) for Parcel No. 909, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is fisrther ORDERED' that Respondent, BECK'S PAINTING, INC., receive from p4 1 I~.~ JUL 3 1 2001 Pg. '9 Jul 11 01 10:54a sp&rkman and ~uinn pa 9416435243 p.3 reasonable attorney fee the sum of Five Hundred aad No/100 Dollars (S$00,00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above- styled cause oration as it relates to Parcel No. 909; it is fu~cher OI~D~ that Petitioner shall deposit an additional One Thousand and 00/100 Dollars ($1,000.00) into the Court Registry subject to approval of the Board of County Commissioners within thirty (30) days °fthe date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse a total amount of Four Thousand Five Hundred and 00/100 Dollars ($4,S00,00) to SPARKMAN & QUINN, P.A. TRUST ACCOUNT, c/o Jeffrey C. Quinn, Esq., 307 Airport Pud., N., P.O. Box 7128, Naples, FL 34101, less any amounts previously paid for the benefit of Respondent, BECK'S P~G-, I~C.; it is further ORDERED that disbursement to Respondent, BECK'S PAINTING, INC. is subject to any claims of Northern Trust Bank of Naples; it is further ORDERS. r) that the Clerk of this Court shall disburse a total amount of Five Hundred and 00/100 Dollars (SS00.00) to YEFFREY C. QUINN, Esq., SPARiOvIAN & QOINN, P.A., 307 Airport Rd., N., P.O. Box 7128, Naples, FL 34101, for attorney fees; it is further ORDERF~D that title to Parcel No. 909 (sidewalk, utility and maintenance easement) being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERer} that the Notice of Lis Pendens filed in the above-styled cause and recorded in 2 of Collier County, Florida be A k Official Record Book 2409, Page 1924 of the Public Records dismissed as to Parcel No. 909; it is therefor Jul 11 01 l~:lGp spapkman and ~uinn pa 841G435243 0¥-I1-0l ID:S3 Frm-CollJor County ALtornly Otf-:. g41 T74 OZZ5 T-Ill P.OOZ/ODZ F-O04 p.E JOINT MOTION FOR STIPULATED FIN~ JUDG~ Thc hrtics hereby stipulate and respectfully requcs~ this Court to cuter thc foresoing s~ip~dat~ Yu~ ~udl~m~mt. By: i I Esq. H di F. Ashto-n, Esq. . Florida Bar No. 0966770 SP~ & QUINN, P.~ OFFICE OF THE COLrNTY A1TO~ 307 t~'pon Rd., N. Harmon Turner Build~ P.O. Box 7128 3301 East Tamiami Trail Naples, FL 34101 Naples, Florida 114112 (941) 643-6263 - Tclephonc (941) 774-8400 - Telephor~ (941) 643-$243 - Fac~e (941) 774-0225 - Facaimile Attorney ~or Respondent Attorney for Petitioner kLi~,~:~nDomain~tVe~u~,~.'s.pm~d ~SFJ 3 JUL 3 1 2001 Pg. ~ul 11 01 10:55~ ~16~352~3 spar~man ~n~ Muinn pa 8 B 1 ~o? 3301 OF£ICE OI~ CAPITAL PROJ£CT$ TRAIL NAPLES. FLORIDA EAST TAMIAMI(94.1) 774.--8192 SKETCH OF DESCRIPTION PROJECT NO. 60061 PARCEL NO. 909 FOLIO HO. 27155002004 ..~'~o'~"~. ~'oo.oo' ~ ~:~ o LOT 32 ~ S.89'20'~'"W. 200.00' O The East ten (10') feet' of Lot 32 of thc Plot thereof Collier County Production Pork Phase 1--B. os recorded tn Plot Book 15, Pages 7 end 13 of the Public Records of Collier County, Florida. Containing ~000 s~uore ~eet more or less. Bosia of Bearings la the West Right of Woy ag Livings[on Rood being JUL 3 1 2001 OFFICE OF' CAPITAL PROJECTS COLLIER C~)UNTY GOVERNMENT COMPLEX ~_3501 ~ TAMIAMI TRAIL NAPLES~.TFLORIDA .359~2 EXECUTIVE SUMMARY AUTHOIil7.E THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS, MICHAEL H. AND LINDA M. BAUM, FOR PARCEL 123 IN THE AMOUNT OF $2,100.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. MICHAEL ~ BA UM, ET AL., CASE NO. 99-3687-CA (GOLDEN GATE BOUI,EVARD PROJECT 63041) OBJECTIVE: To apProve and authorize the making of an Offer of Judgment pursuant to 73.032 Fla. Stat. to Respondents, Michael H. and Linda M. Baum, in the amount of $2,100.00 as full compensation for the condemnation &Parcel 123 in Collier County v. Michael,4. Baum, et al., Case No. 99-3687-CA. CONSIDERATIONS: On November 9, 1999, an eminent domain action was filed for the acquisition of property for utility, drainage and maintenance easements. On January 7, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the roadway improvements to Golden Gate Boulevard between C.R. 951 and Wilson Boulevard (Project No. 63041). On January 20, 2000, the good faith estimate of value for this parcel, the sum of Eleven Hundred and No/100 Dollars ($1,100.00), was deposited into the Court registry in accordance with the Order of Taking, thereby vesting title in the parcel in Collier County. The Offer of Judgment, a copy of which is attached, offers the property owners of this parcel, Michael H. and Linda M. Baum, the sum of $2,100.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure. This figure takes into account the basis for the appraised value and the potential risks in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Michael H. and Linda M. Baum have thirty days from the date of mailing the offer to accept. If Michael H. and Linda M. Baum accept, $2,100.00, will be paid to Michael H. and Linda M. Baum by Stipulated Final Judgment of the court. If Michael H. and Linda M. Baum reject the offer, and fail to recover more than $2,100.00 for Parcel 123, either through settlement or jury verdict, t_he County will not be required to pay any costs incurred by Michael H. and Linda M. Baum after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees, and attorneys fees. The County Attorney's Office has reviewed all Considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. -~.~,~ FISCAL IMPACT; Funds in the amount of $1,000 are available in the Road Construction Impact Fee District 6 Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: AGENDA ITEM No. ~, L~- JUL 3 1 2001 Pg. ~ Approve the terms of the Offer of Judgment and authorize its service on Respondents, Michael H. and Linda M. Baum; and 2. Approve the expenditure of the funds as stated; and 3. Dire~ staffto deposit an ~lditional $1,000.00 into the Registry of the Court. SUBMITTED BY: Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. Heidi F. ~hton ' Assistant County Attorney REVIEWED BY: ~.(~x-~ '¢~ {~..,.~ Date: A.N. Korti, Project Manager Transportation Engineering & Construction Management REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management Date: Steve Miller, P.E., Director Transportation Engineering & Constm~ion Management N~)r~ E. Feder, Administrator Traiasportation Division David C. Weigel ca County Attorney Date: Date: h:LitXBaumkExSum - offex ofjudgmem AGENDA ITeM No. JUl 3 1 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA a political subdivision of the State of Florida, Petitioner, VS. MICHAEL A. BAUM, et al., CASE NO. 99-3687-CA CIVIL ACTION PARCEL: 123 Respondents. / OFFER OF JUDGMENT TO: Michael H and Linda M. Baum 3540 1~t Avenue NW Naples, FL 34120 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, MICHAEL H. AND LINDA M. BAUM, for all compensation, including severance damages, business damages, costs to cure, together with the value of' the taking, and any other claims of Respondents, MICHAEL H AND LIN-DA M. BAUM, arising out of the taking of Parcel 123, in the total amount of Two Thousand One Hundred and No/100 Dollars ($2,100.00), for Parcel 123, which includes the amount of $1,100.00 which was deposited pursuant to the Order of Taking dated January 7, 2000. AOENDA I'~ ,.~ NO. ~, ~ JUL 3 1 2001 There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __day of ,2001. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Michael H. & Linda M. Baum, 3540 1a Avenue NW Naples, FL 34120, on this .day_of ,2001. HEIDI F. ASHTON, ESQUIRE AC.~ENDA ~ JUL 3 1 2001 Ll ..... EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES IN THE AMOUNT OF $11,160.27, RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 145 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. OWEN M. WARD, TRUSTEE, ET AL, CASE NO. 99-1291-CA, PROJECT NO. 65031 (RADIO ROAD, SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees in the amount of $11,160.27, with respect to Parcel 145 in the lawsuit entitled Collier County v. Owen M. Ward, trustee, et al., Case No. 99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to Davis Boulevard). CONSIDERATIONS: At a Mediation Conference held on March 27, 2001, the parties reached a settlement agreement whereby the property owner, Owen M. Ward, Individually and as Trustee, is fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-105). The Mediated Settlement Agreement provided for $380,540 to be paid to Respondent in full settlement of all claims for compensation including business damages from Petitioner, including statutory interest, but exclUding attorney's fees, experts' fees, costs and expenses. This agreement was approved by the Board of County Commissioners on May 8, 2001. All reasonable costs incurred by the property owner in defense of the proceedings are recoverable pursuant to §73.091, Fla. Stat. from the condemning authority, and the parties have agreed to a reasonable fee for these experts as set forth in the attached Agreed Order (Exhibit "1"). The Agreed Order provides for a total of $11,160.27 to be paid for planning and engineering review services; $3,465.57 to be paid directly to Hole, Montes and Associates, Inc. and $7,694.70 to be paid to Mr. Owen M. Ward for reimbursement of payment previously paid to Hole, Montes and Associates, Inc. Staff has reviewed the pla~nning and engineering review fees as set forth in the Agreed Order and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. c't~'~I~SCAL IMPACT: Funds in the amount of $11,160.27 are available in the Road Impact Fee Fund. Source of Funds are Xmpact Fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: approve the Agreed Order Awarding Expert Fees approve the expenditure of the funds as stated. JUL 3 1 2001 SUBMITTED BY: REVIEWED BY: Heidi F.-As'hto~n, b~ssi"stant Cb-~nty Attorney ~u~o' o .~5~.' .~~ T ~ s p~,~fi~'~Serat ions Dept. REVIEWED BY: REVIEWED BY: Steve Mil~er, P.E., Director Transpo/tjltion/EC~ Nofrr n E. Feder, Administrator Tram mation Division APPROVED BY: David Date: Date: Date: h:LitkEmI)omain~OwenW~uxl-ExSum A~reed Ord~-145 2 AGENDA ITEM, JUL 3 1 2001 Pg. e~ F-050 l~ TI~ CiltCUrr COU~T OF ~ ~ J-tYDICIAL CXR~ l~q AND Xq'OR COLLi~It CO~, leLORXDA C1VIL ACTION COLT...TER COUlqrY, FI.ORIDA. · l'~li~cal subdivision of~c Smr. e o£ Case No.: 99-1291--CA O~ I~L WARD, TR.USTI=J~ under t]~ certs/n Declaration oflJnd Tn.ts[ dated ~s nfJ-~ 18, 1986: et aL, Rmpo~ AGENDA ITEM NO. l~,~ ~.~ JUL 3 1 2001 O?-Ol-Ol · 11.'Z5 I:rom-Colliit Ceunt¥ Attorns), Office U41 774 O2ZS T-USS P. OO]/OO] F-ItU ~.~SOCZA.~$, D4C., the sum of' SEVEN THOUSAND ~X ~Rlr_'b :~D('E'I'Y ~O~ i~mv~ ~ ~ Co~ C~ Bo~d ~ ~ C ' ' - DO~ ~ ~~ ~ ~ap~ Co~ C~, ~o~ ~s ~ ~ 2001. Clraztt Court .ludic conformed copies ~o: Heidi F. A.qhton, Esq. Richard D. ¥ovanov~ Esq. ' 3oe W. FwcL Esq. ]'oka Wolr~ ('Hole The Parties hereby ~ request thi.~ Court to emer the fo~eg, oing Agreed Order for ]Lalorida Bar 1'¢o. 0966770 COT.,rNTY ATTOR.N]~Y'S OFFIfY~2- Harmon T~ B~ng 3301 ~ T~ Tr~ ~~ ~ P~oncr 2 A~A UEM JUL 3 1 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE AGREED ORDER AWARDING EXPERT FEES AND ATTORNEY'S FEES AND COSTS RELATING TO PARCEL NO. 131 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. R.A.K. DEVELOPMENT COMPANY, INC., ET AL., CASE NO. 92-2791-CA- 01-HDH (WIDENING OF IMMOKALEE ROAD 66043). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees and Attorney's Fees and Costs relating to Parcel No. 131 for the Immokalee Road Project in the lawsuit entitled Collier County v. R.A.K. Development Company, Inc., et al., Case No. 92-2791-CA-01-HDH. CONSIDERATIONS: On May 5, 1993, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for the roadway improvements to Immokalee Road (Project No. 66043). On May 5, 1993, Collier County deposited with the Registry of the Court the sum of Forty-Two Thousand Eight Hundred Dollars ($42,800.00) for Parcel No. 131 in accordance with the Order of Taking. On August 1, 2000, the Board of County Commissioners approved the Final Judgment pertaining to this parcel and Collier County deposited an additional Seven Thousand Three Hundred and No/100 Dollars ($7,300.00) pursuant to that Final Judgment. To conclude this matter, the County has agreed to pay reasonable attorney's fees in the amount of Seven Thousand and No/100 Dollars ($7,000.00), costs in the amount of Sixty Three and 20/100 Dollars ($63.20) and reasonable appraisal fees in the amount of Four Thousand Nine Hundred and No/1000 Dollars ($4,900.00) for a total amount of Eleven Thousand Nine Hundred Sixty Three and 20/100 Dollars, the terms of which are set out in the Agreed Order Awarding Expert Fees and Attorney'§ Fees and Costs (attached as Exhibit "1"). FISCAL IMPACT: A budget amendment is needed to transfer funds from Gas Tax Reserves in amount of $7,300.00. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order; Approve the expenditure of the funds as stated; and r Direct staff to deposit an additional $11,963.20 into the Registry of the Coup. / AGF_.N DA ~,,.,.E;? No. I~ JJJL 31 2001 Pg. / '-- 4. Approve the necessary budget amendment. SUBMITTED BY: Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: APPROVED BY: ~o~t Manager Transportation Utilities and Engineering Department TNr°~ae(~ o n A2i~strat~r- County Attorney Date: Date: Date: 2 JUL 31 2001 O?-ZQ-01 13:3B From-Collier Countx Attornlx Office g41 ??40ZZ5 T-211 P.OOZ/O04 F-2Z3 ~ TH~ CIRC~ COURT OF THE TWENTIL~TH JUDICIAL CIRCI. T~ IN AND FOR COr-T _I~R COUNTY, I~LORIDA CIVIL ACTION COILIER COUNTY, FLOPADA, a polit/cal subdivision of the State of Florida, VS. R.A.K. DEV'ELOP~ COMPANY, INC., et al., Ca~e No. 92-2791-CA-01-TB Parcel No. 131 Defendanzs. / AGREED ORDER AWARDING EXPERT FEES AND ATTORNEY'S FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the pm'ties, Petitioner, COI.I..I~R COUNTY, FLORIDA, and Defendant, SHOP & GO, EqC., by and through its undersigned counsel, T.Tr.~::. LUNDBERG L.A_NrDON, ESQ.; for entry of an Order Awarding Expert Fees and Attorney's Fees a~d Costs, and the Court, being fully advised in the premises, it is hereby ORDE~.I~ AND ADJLTDGED that Petitioner, COT.! .T~.R COUNTY, ~I.ORIDA, shall pay forthwith to BRIGHANL,..MOORE,~-~ .... A v~ ^-~--.,..._r.;_; .............-~"~- '~--T'~'~-., ?-'~----? ~-~ .~' ~C,_~-N,'. I.I.P, C/o l.rr.Tl=. LUNDBERG LANDON, ESQ., 203 Southwest 13t~ Street, Miami, Florida 33130-4219 the total sum of ELEVEN THOUSAND NINE ~RED SIXTY THREE and 20/100 DOLLARS which is comprisexl of the sum of SEVEN THOUSAND and 00/100 DOLLARS ($7,000,00) for anomey's fees, the sum of SIXTY THREE and 20/100 DOLLARS ($63.20) for court r~porter costs and the sum of FOUR THOUSAND NINE HUNDRED and No/100 DOLLARS ($4,900.00) for appraisal fees all with respect to Parcel 131; and AGENDA ITEM, No. //,, :/7'-I ./ Pg.. 13:37 Frmt-Collier CDunty Attoinl¥ Office g41 ??40ZZ~ T-~11 P.DO3/OD4 F-ZZ3 ORDEI~ Al'ID ADIUDOED that BRIGHAM, MOOR~, GAYLORD, SCHUSTER, MHRLIN & TOBIN, LIP, disburse these fees appropriamly. IT IS FURTHER ORDE,~r) ~ .M)~ that riffs Agreed Order is subject to approval by the Collier Coun~ Board of County Commi-~sion~rs. DONE AND 0RDER~ in chambe~ at Naples, Collier County, Florida this ,2001. day of Ted Brousseau, Circuit Court Judge conformed copies w: Joe W. Fixel, Esq. Rober~ IL Stone, Esq. Hoidi Ashton, Esq. Thomas R. Bolf, Esq. Lille Lundberg Landon, N. sq. lames M. Spoonhour, Esq. I.Webstm- Hull, President NafionsBanc Mortgage Corp. Mcu'o North Sta~: Bank Bookke~ing JOINT MOTION FOR AGREED ORDER FOR DISBURSEMENT OF ~tJNDS The panie~, by and throu/h ~ldr undersi/ned anomeys, move for ~na7 of ~he . foreEoing A~reed Orckr Awarding Expert Fees and Attorney's Fees and Cosr~. Florida Bar No. 522910 .BRIGHAM.MOORE, ~, · SC'~Yj.'IT~,, ~, .,TFP_T ..'z'.: & TOBY, 11 .p 203 Sou~west 13m Stree~ :Miami, Florida 33130-4219 ~ ATTORN'EY FOR SHOP & C_~, INC. HEIDfI~ ~k~I:ITON, ESQ. ~ofida B~ No. ~66770 O~ OF ~ CO~ A~O~Y H~on T~ar B~l~g 3301 ~ T~i~i Tr~l N~les, Hofi~ 34112 (941) 77~8~ - Telephone ~d ~o~ W. Fixel, E~. ~ofida B~ No. 0192026 ~.T. & ~O~ 21 ~ Sou~ Garden S~eet T~see, Ro~ 3~0~ (850) 681-18~ - Telephone A~O~YS FOR PE~ITIO~R 2 From-Collier County Attoroe¥ Office 041 7T4 02Z5 T-Zll P.004/004 F-ZZ3 CERTIFICATE OF SERVICE I I-IEREBY CERTIFY that a true a~d com~:~ copy of the foregoing has been furnished by United States Mail to all persons listed below, on this _ day of ,2001. Joe W. Fixel, Esq. Fixel & Maguire :211 South Gadsden Street iTallahassee, FL 32301 Ilames M. Spoomhour, Esq. ;$hawn G. Rader, Esq. :Lowndes, Drosdick, Doster, Kantor & Reed 1215 North Eola Drive '.Orlando, FL 32801 J. Webster Hull, President :~Metxo Ninth Stat~ Bank iP.O. Box 28008 18320 North Oak '~Kansas City, Missouri 64155 '.Robert F_ Stone, Esq. :,P.O. Box 29100 !Miami, FL 33102 !Thomas R. Boll, Esq. iRuden, Barnett, et al. iP.O. Box 1900 :Fort Lauderdale, FL 33302 iNationsBanc Mortgage Cx)rp. !P.O. Box 1659 ~aples, FL 33939 !I .ili¢ Lundberg I andon, Esq. ~righam~ Moore, Gaylord, Schuster ~.xlin & Tobin, LLP 203 Southwest 13'~ Slxeet iMiami, FL 33130-4219 Judicial AssistanffAttomcy JUL 31 2001 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 168 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JAMES R. NASH, ETAL., (LIVINGSTON ROAD, PROJECT NO. 60071) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 168 for the Livingston Road project in the lawsuit entitled Collier County v. James R. Nash, et al., Case No. 01-0757-CA. CONSIDERATIONS: On July 3, 2001, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 60071). Collier County will deposit with the Registry of the Court the sum of $26,300.00 for Parcel 168 prior to July 23, 2001 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Relleum, Inc., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2001-46). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $73,590.00 to be paid to the Respondent as full compensation for he property rights taken as to Parcel 168; $17,520.00 to be paid to Charles R. Forman, Esq. for attorney fees; and $2,531.00 to Forman, Krehl & Montgomery Trust Acco'unt for planning fees. There are additional obligations of both Collier county and Relleum, Inc. on the attached Stipulated Final Judgment. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $67,341.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable.  FISCAL IMPACT: A budget amendment is needed to transfer Funds in the amount of $67,341.00 from the Impact Fee District 2 Reserve Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $67,341.00 into the Registry of th~ approve the necessary budget amendment. ]] ~ I AGENDA ITEM JUL 3 1 2001 pg..,, ~ Prepared By: Reviewed By: Reviewed By: Reviewed By: Reviewed By: Approved By: Heidi F. As'hton Assistant County Attorney Mitch Riley, P.E., Sr. Project Manager Transporta~tion/ECM St v~e ~i~ld~ctor~ Tran~ o~_rta~onFEC~-,, l~ax~n Wolfe, // /j Director of Plafining ~ Norm/~eder, A~lmihistrator Tr~portation Division David C. Weigel d~ County Attorney Date Date / bate h: LitX~EmDomhNash~ExSum-P 168 SFJ AGENDA ITEM. No,~,L[..,~ JUL 3 1 2001 p~. 2. 352-~51-1G98 FOI~SJ~ONTGOM 184 P83 JUL 16 '81 14:32 U(.~I IN ~ CIRCUrf COURT OF THE TWENTIETH JUDICIAL CIRCU rl' IN AND FOR COLLIER COUNTY, FLOI~mA CIVIL ACTION COI. LI]~ ~OUNTY, FLORIDA, a lin. litical $~d)~iv~s~on of the State of JAME~ R. NASH, et si, R~pondcnts. Case No.: 01-0757.CA Parcel No.: 168 ST[PO~.,ATED FINAL .TUDG~ THIS CAUSE having come before the Cour~ upon Joint Mo;ion made by Pcuutmcr, by und through its undersigned counsel, and R~poncient, ~U'M, rNC., by ant! th;ouEh its cbunsr, l, Chartes R. Forman, for envy of a Stipulated Final judgment as to Parce! No. 16~, and appearing to thc Cour~ tha~ u~ panics arc authorized to mak~ such Motion, thc Court finding li~c compensation to be paid by Pc~itioncr is the full compensation due. Re. slxmdenL RI.:! ,I .~".~ IM, I~C., and ~he Com~ being or. hcrwisc fully advised in the premises thru'eof, it is ihemnpoa ORDERED AHD ADJUDGED that Respondent, R.~-LI_EIJ1M, IHC., h;~vt: am! mt:ow:." from Petitioner. CO!-T .IT:R COUNTY, FLORIDA, die sum of Seventy Three Thousm~d Five llundred Ninety Dollsrs.~nd No/100 ($?3,590.00) for Parcel No. 165 as full payment for fl..~ properly Illl~..sls t~lell ~Iiti [olr damag.~s re. suiting to thc remainder, if l~s than thc cnti~v property was b~siness damages, and for all other damages in cm~-,cfion wilh said parcel; it is further ORD~ thai Respondent, R~ l ~UM, INC., receive from PcuUoncr as a rcasnnut)lc attorney f~.c. pursuant to §73,092(1), F.S., thc sum of Seventeen Thousand Dollars and 001100 ($1"/~20.00); it is further I 2001 OT-16-01 OT;Z7 352-~51-1690 FORMAN-~~TG~ 104 PE~4 JUL 1G '01 14:32 ORDEEI~ that Petitioner shall pay Eespondcuz, RELLEU~, INC.., th~ .sum o1' Two Thousand Five Hundred Thirty One Dollars and 00/100 ($2,531.00) for the plnnuin~,, .~,~vicL:s of Wiuinms Development Smvices, Inc.; it is funb. m' OR.DEB~D th=t Petitioner shall deposit nn additional Sixty Seven 'fhousnnd Three Hundred Forty One Dollars and 00/100 ($67,341.00), subject to approval of llm Bo,~nt of County Commissioners, within thirty (30) dny~ of the dau~ of this Sfipulatexi Final ]udl/~nem, it is ORDER.ED tha! the Coon resmwes iulisdiction to tnx aSninst Pelitiouer costs for u~rtsportaticrn cn~iueerin§ services of Tipton & Associates, Inc.; il is ftuthe~ ORDEN~=I~ that the Com't ~=scnn:s jurisdiction to tn0t against petiuouer cosss lllltl attorney fees for suppl~mc-ntal proceedings, if compensable; it is further ORDERED that ~he Court resc,~ve, s jurisdiction to enforce 0~e ~rms of th~s Stq)ulaU:d lud~ornent; it is further ORDEP, N-~ tha~ the Coon res~ves jurisdiction to appomon ~nd disburse thc .',want or Seventy Three Thousand Five Hundred Ninety Dollnrs nnd 00/100 ($73,F90.00) rck..rr~d to above; it is furthez ORDERED that the Clink of this Court shall disburse forthwith wilhout fuslhet m dm .f Ibis Court the total mount o-f Seventeen Thousand Five Hundred Twenty Dollnrs a,d 001100 ($17,520.00) to CIt. AR!-~-q R. FORMA.N, ESQUIRE, Forman, Krehl & Monr~,,ome~y, 'i.9.0 Northwest Third Street, P. 0. Box 159, Ocala, Florida 34478, for attorney .'s fees; ~t is further ORDERED thai the Clerk of Ibis Court shall disbuis~ fostbwith without I'uahc~ o~dc~ of this Court the mml arnouut of Two Thousand Five Hundred Thirty One Dollars and ($2,531.00) to FORMAN, KREHL & MONTGOMERY TRUST ACCOUNT, cio Charles Porman, Esquire, Forman, Y,.n:hl & Montgomery, 330 Northwest Third Street, P. O. Bog I bg, Ocala, AGENDA ITEM Florida 34478, for planning fee:s; it is further JUL 3! 21)01 ~52-151-1G90 FORMAN-KREHLS~MONTBOM 184 P05 JUL 1~ '01 14:32 ORD~.~I~I'~ thaz Pel~zion~r shall constrm~ a ~c6on~ ~ o~mn~ ~d mm hay no a ~ti~ m~ o~g ~ ~e ~n~ ~ ~ County ~v~ of an n~n~c~ approvin~ ~ P~ ~ng m the ~n~ ~t of ~1 168. Howev~, P~on~ may cl~ ~ ~~ m~ opening at the earli~ of (a) the i~tallan~ and of a t~ffic si~ at ~ ~z-w~t co~e~or mad, ~ ~) ~ on ~e~ ~or ~i~ measures; is f~r ORD~ ~al ~i~ ~ ~r ~t~ of off~m ~~ of Ibc remainder ~ of ~ccl 168 ~bj~ to ~g thc follo~ng ~qui~nts: (a) Coun~ pmj~ inclu~ng ~c Co~ty's pmj~t sch~ule, pe~ning or pmj~ c~; (b) ~c~ is no I~_PT1 ~-UM, linC., its successors and assigns, agree m contaminated water be discharge, cl into th~ County's system; indemnify the CotmTy should any (c) connection to the County~ water syslem complies with all permitting requirem~nm of all sm~c, federal and Ic~al al~encms im:hutm£,,, bu~ not limiled to, Colli~ ~q, Sou~ Hon~ Wa~ Mana~nt Dis~cL ~d U. S. Co~s of En~n~; ~ (d) th~ ~ no ~g~ve ~ff~ts m ~y pre-~ting ~nagc n~s to ~u 1)-2 ~an~-T5 c~. This COheSion sh~! eApire ~ August 3, 2~; it is fu~ 0~~ ~t a ~i~ of the ~t~ by 30 feet ~ a ~sult of the taking fo~ Pmc,d 108 will ~ ~e~d at the lime t~ P~ O~in~e is adopted. The County Auomcy~ Ot'ficc~ is SUp~Vg of ~ ~d~ ~tbagk and if a v~c~ is r~ui~d, the County Allomcyg ~}lhct: s~all write a letter of stlplXm for tbe tr. duced sctback; it is furthr, r ORD1ERED that within thirty {30) days of entering 3 into a Deve' J U [. 3 1 200' :~2-~51-1~ FORMAN-~~TG~ 1~4 P06 JUL 1~ ' 01 14:~3 ~-' Agzvement, Respondent, RET I ~UM, INC., shall convey a .SO-foot road, drainage, uuhty and mainten,-u~g gascmgnt to Collier Cmm~ alortg its t, outhcrn boundary for ~he pTOlm.~:d c,~s~ wi:st collector mad h~ exchange for impact fcc c-m~s or od~r fond~n~ ir~ accord~mcc wid~ CourtLy ordinances~ it is further ORDF.9_~:I'~ that a traffic silp~al shall be installed st thc iumrscc~son of Livingston Road the collector road whc~l system warrants are met or earligr if it is pan of signalized inlcrcon:lt:cdon. Will~n six months after Respondent, R.F.I.I.EUM, INC., conslructs a pomon of Ibc cast we, s! collector mad from Livillgston Road to its e tr cc and within six months at'lea .said collector mad is open for vehicular travel to Living~on Road, the County shall complete a waYl'ic study for progressive movements and systzms analysis; il is further ORDERED that if Iherc is excess capacity in thc on-site lake, R~pondc. nt, Rill J .F, I IM, INC., or its successors and assigns, agrees to provide water management capacity in thc on sim lake to the County and convey a nonexclusive ea_senumt to Ibc CoUnty to drain a portion of Ibc colicclor road into the lake. Said eascracnt shall be designed and [ocmcd sa ~hal it will nor imp~ct development dgnsily of Respondent's, pLTD. Respondent, 1~__~_ ! ~:-UM, INC., or its successors or assigns, shall receive rio compensation for this conveyance, howcvcr, Collier Coumy shall prove!h: pretreatmcnt prior to draining into the lake; il is further ORDEI~Ik~ that Respondent, REI ! ~ INC., im succ~sors or assi~ns, may con.struc~ all or part of thc collector road and shall be re.sponsiblc for permitting whm it constmcls. Impact credits or other funding shall only be available if th~ roadway, or pot!ion the~eo[, is County design standards for a collector mad under County ordinancg~ a~d policies and is not a silo related improvemen[. The cnu, ance to thc remainder rraci from thc east.west calico!ur road shall bc |ocazcd no closer than 500 feet from Livingston Road. Once thc intcrcsls of any t-~men! Ucnhold~.r ar~ subordinated or r,-.leasgd, Respondent, RELL.EUM, 12~iC., its succt, 4 AGENDA ITEM J U t 2001 ~2-~i1-16~D F'0~qP~-KP, EI-LSJ~NT[~q 1~D4 Pla? JUL 16 '01 14:33 may cover aad bury drainage pipes 1o construe[ the collector mad; it is further ORDERI~ tha~ Petitioner a~cgs thaz the coUcctor road shall initially be cnnsrl uctcd lane road. Thc roadway may be 4-1aned at thc earlier of thc time thc avcra~e annual ~btily traffic exceeds 13,$20 or at th~ tirn~ a collector road overpass cormcc~s (}rccn Boulevard with Whipporwdi l.sng; it is forthe~ ORE)fiR,ED that within thirty (.30) d~ of the County's adopuon of an ordinance approving a proposed PUD, Respondent, R.ELLEUM, II,lC., its successors and asaigrm, shall donau: 40 feel of its property which fronts the proposed Whiplx:,rwill 'Lane as a road, drainage, utility and easement and an addtuonal ten ti0) fe~-t as a slope and utility easemsnt. Rcspondcm. INC., or its successors and assigns, shall receive no compensation for these convcyan¢c,.s, it further ORDERED that with regard ~ all or a portion of thc pan~t tract, all contracts m aL,.~cumcnt.s for sale or assignment or othena~ise from Respondent, RF] [ ~UM, INC., and i~s shcccssu~ ur assigns, to a third party shall refe.,mme the obligations contained herein and the third pmiy shall agree to be bound by th~r,e tgrms; it is further ORDERED that title to Parcel No. 168, mad, drainage, utility and maintenance casement, being fully de.scribed in Exhibit "A' attached he.to and incorlmralcd herein, which vested Petitinner pursuant to the Order of Taking dared .Iuly 3, 2001, and thc deposit of mom:y made, are approved, ratified, and confirmed; it is furthgr ORDERL~ that the Nolicg of Lis la,'-nden$ filed in thc above.styled cause and Official Record Book 2"/Ii0, l:~g¢ 3331 of thc Public Records of Collier Comtty, lqorida he dismissed as to Parcel No. 168; 'and it ia furth~ OR.DERI:.I~ thai this Stipulated Fin;d ,ludillllcnt is to lac rccord~t in Iht ()ft'ici.~l R~:~:o]'ds uf Collier County, Florida; it is ther~for~ AGENDA ITEM No. I OL-V JUL 3 1.2001 -7 :~-~.-~1-1690 FCIF~I$~~8,t~3NT~OI"I 104 F:~8 JUL 16 '01 14:~3 DON]~ AlCD ORDI~_'/:T~ in Chamlm~ a! Naples, Collier County, Florida, , 2001. day of Ctrcuit ~urt Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to emro Stipulated Final Judgment as to Parcel No. 168. thc foregoing Florida Bar No.: 229253 FURMAN, F,.RF..HL & MONTGOMIilZY 320 Nmxhwes! Third Sue~t - P. O. Box 159 Ocala, Florida 34478 (352) 732-3915 -Tclcphonc (352) 351-1690 - Fncsimilc Attorney for Respondent Dated: HEIDI F. ASHTON, I~QLIIRE Florida Bar No.: 966'?'/0 COUNTY ATTORNEY'S Ob'FICI.~ Harmon Tumm' l]~dlding 3301 East Tamiami Trail Napl¢-s, Florida 34112 (94.1) 774-8400 = T~k:phonc (941) T74-0225 - Facsimile Attome, y for Petitioner AGENDA ITEM JUL ,3'~ 200! ' r~r~~, '_,' ,' PROJECT: NO. ~oo71 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST ...... COLLIER COUNTY, FLORIDA 5K[TCH OF ~OAp RIGHT-OF-WAY, ~RAINAG[, UTIUTY ANO MAINTENANCE EASEMENT (NOT A SURVEy) (SEE 5HEE~ 2 OF 2 FOR DESCRIPTION OF EASEMENT) · . ~ ~ ~ SCALE: 1'- ~' 120' ~ PR~O~EDR. O,~ --~ --~ [ ~. 4g [ ROE 2~ E · ~ ~, ~ ~ ~ . . . ~-- PREPARED BY: SHEET~OF 2 illl "" .... IIII ~1~nu · ye/o~ ~/. A~u. ~.s.~. ~. m~m, zmvi~~,nn~m m q ~ ' , CH D BY; ~A PROJECT NO* 7B41 AGENDA ITEM No. JUL ~ ~ 2001 .._....Pg'. __1 8B2' PRO~ECT: NO. 60D71 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF ROAD RIGHT-OF-WAy. DRAINAGE. MAIN TENANCE EASEMENT A ROAD RIGHT-OF-WAY. DRAINAGE.' UTILITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE WEST 30.00 FEET OF THE SOUI~ HALl~ OF THE SOUTHWEST ONE~OUARTER OF' THE SOUTHWEST ONE-OUARTER OF ~C~ION 18, TO~HIP 4g SOUTH, RANGE 26 EAST, COLL/~'R COUNTY, fLORIDA; CONTAINfNg 0.45 ACRES OR LAND MDR£ OR LESS, UTILITY AND BgARINGS ARE eaSED ON mE FLORIOA STATE PLAN COORDINATE SYSTEM, EASt Z~~. PREPARED BY: ~HEE~ OF 2 ~ggl~RU~AG~.~ I n~y: JAN n~. AGEND,~ ITEM No.___~ ~-~-1~ JUL EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE AMENDMENT NUMBER 3 TO LEGAL SERVICES AGREEMENT WITH THE LAW FIRM OF CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A. OBJECTIVE: The Board approve Amendment Number 3 to Legal Services Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. to provide for additional attorneys to be utilized on the various issues the firm advises the County. CONSIDERATIONS: On April 11, 2000, the Board directed the County Attorney to retain the services of Carlton, Fields to assist the Office of the County Attorney with land use - related lawsuits and other property issues. Attached for the Board's approval is Amendment Number 3 to Legal Services Agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., ("Carlton, Fields"). The amendment does not address any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. The rates charged by the law firm vary, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. The amendment to the contract reflects that attorney Donald Hemke of the firm will charge at a rate of $220.00 per hour. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contract, upon the County's request for legal services. Such fiscal iml~act will be determined on an hourly basis at the rate of the attorney working on the request or project and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached Amendment Number 3 to Legal Services Agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. for specialized legal services requested on an as- needed basis. Additionally, direct the Clerk to pay all invoices at this rate for work performed previously. Approved by: David C. Weigel ~-) County Attorney Date h:/Public/David/Executive Summaries/200 l/carlton fields.don hernke.amend 3 to legal services agreement.071901 AGEN~D~A !~I'~M NO,'"~.. JUL 3 1 2001 AMENDMENT # 3 TO LEGAL SERVICES AGREEMENT THIS AMENDMENT TO LEGAL SERVICES AGREEMENT made this 31st day of Suly 2001, between the Board of County Commissioners, (the "County"), and the law firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., of Tallahassee and Tampa, Florida, ("Carlton, Fields"). Whereas, the County and Carlton, Fields have previously entered into a Continuing Retention Agreement dated June 22, 1999, an Amendment to Legal Services Agreement dated September 28, 1999, and Amendment #2 to Legal Services Agreement dated April 11, 2000; and Whereas, the County has expressed a desire to obtain the services of outside counsel and, specifically, Carlton, Fields, to advise, assist and work with the Board of County Commissioners, the County Attorney and County staff regarding specialized litigation; and Whereas, by virtue of the diverse special expertise and resources of Carlton, Fields, said firm can provide the desired services and it is appropriate to amend the Legal Services Agreement to denominate an attorney of the firm to provide services at the reduced rate of $220.00 per hour. NOW THEREFORE, the parties hereto agree as follows: The Continuing Retention Agreement dated June 22, 1999, Amendment to Legal Services Agreement dated September 22, 1999, and Amendment #2 to Legal Services Agreement dated April 11, 2000 by and between the County and Carlton, Fields are hereby amended to provide that the County, agrees to pay the following named attorney as compensation for legal services: Dom Hernke at the rate of $220.00 per hour for all previously assigned, continuing and subsequently assigned work performed. Further, the County agrees to pay a rate up to but not exceeding $220 per hour for services provided by principals (partners, shareholders) within the AGEN .DA_,IT~I NO._ ~ JUL 3 I 2001 Page 1 of2 pg. ~ firm and a rate up to but not exceeding $180 per hour for services provided by associates w/thin the firm. Except as expressly mended hereabove, the terms and conditions of said Continuing Retention Agreement and amendments are unchanged. IN WITNESS .WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: (signature) (Printed name of wimess) (Printed name of witness) CARLTON, FIELDS, WARD, ~ LMMANUEL & S , P.A.~ Michael F. Neuchterlein, Esq. ATTEST: DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: /)avia C. Weigel ' County Attorney By: BOARD OF COUNT5:' COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 JAMES D. CARTER, Ph.D., CHAIRMAN JUL 3 I 2001 Pg. ~ EXECUTIVE SUMMARY PETITION SNR-2001-AR-997, COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES, REPRESENTING COLLIER COUNTY, REQUESTING A STREET NAME CHANGE FOR A PORTION OF ANTIGUA STREET TO SAMAR LANE, LOCATED IN ISLES OF CAPRI NO. 3, IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST. OBJECTIVE: To have the Board of County Commissioners render a decision on the requested renaming of a portion of Antigua Street to Samar Lane. CONSIDERATIONS: The Petitioner is requesting that the eastern segment of Antiqua Street, from Samar Avenue to San Juan Avenue, be changed to Samar Lane There are currently two segments of Antigua Street divided by Griffis Highway a/k/a Capri Boulevard. This separation is causing confusion and difficulties for the residents addressed off the western segment; there are no residents addressed off the eastern segment. The proposed change of the name of the eastern segment only to Samar Lane would eliminate this confusion without requiring that the residents of the western segment change their existing addresses. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. GROVVTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. There are no historical/archaeological issues associated with this petition. -- AGENDA ITEM No. JUL 3 1 2001 STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2001-AR-997, changing the name of the eastern segment of Antigua Street to Samar Lane. PREPARED BY: I~S'S GO~:~IENAUR, PLANNER II CU RRENCT PLANNING D/~TE [ REVIEWED BY: CURRENT PLANNING MANAGER INTERIM PLANNING SERVICES DIRECTOR JOHI~M. DUNNU"CK, III, INTERIM ADMINISTRATOR COIV[JMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE SNR-2001-AR-997 AGENDA ITEM JUL 3 1 ?.001 ~L ~ENDA ITEM JUL $1 2001 RESOLUTION NO. 01- RESOLUTION RENAMING THAT PORTION OF ANTIGUA STREET BETWEEN SAMAR AVENUE AND SAN JUAN AVENUE TO SAMAR LANE, WHICH STREET IS LOCATED IN ISLES OF CAPRI #3, IN SECTION 32 , TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of that portion of Antigua Street which extends from Samar Avenue to San Juan Avenue, to Samar Lane. This street is located in Section 32, Township 51 South, Range 26 East, Collier County, Florida, Isles of Capri No. 3, according to the plat thereof, recorded in Plat Book 3, Page 66, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: .. The name of that portion of Antigua Street between Samar Avenue which extends from Samar Avenue to San Juan Avenue is hereby changed to Samar Lane and is confirmed as such. BE 1T FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of 2001. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form Patrick"~.. Wh~te- - Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN AGENDA ITEM No. APPLICATION FOR STREET NAME CHANGE DATE: AGENT'S NAME: Collier County Development Serv~honeNo. 403-2482 AGENT'S FIRM: Collier County/Addressinq Fax No. 659-5724 AGENT'S ADDRESS: 2800 North Horseshoe Drive PETITIONER'S NAJ~E: Collier County/Addressing Telephone No. 403-2482 PETITIONER'S ADDRESS: 2800 North Horseshoe Drive COMPLETE ~ FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. ( Provide additional sheets if necessary) Name of Homeowner A~ociation: Mailing Address Name of Homeowner Association: Mailing Address" City State ~ Zip City State ~ Zip Name of Master Association: . Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City " State ~ Zip COMMIYNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPIION~ (941) 403-2300, FAX (941) 643-6968 -- AGENDA ITEM ~__PROPOSED CHANGE: CURRENT NAME OF STREET: PROPOSED STREET NAN[E: Antigua Street Sa~ar Lane STREET INQUES~ON ~: ~]public, or D pnvat¢ Re.on ~rpwposedchange: In the subdivision Isles Of eanrt Nh_ ~ ~h~r~ are two segments of Antiqua Street divided by Gr~ffis Hiohway (AKA Capri Blvd.). This is causing problem~ for the residents who are addressed on the west side of Antigua Street. There are no residences addressed on the east side of Antigua Street. There will be less confusion for emergency response, deliveries and homeowners if the ~sst side of this sepment was renamed. There are three ~-east side of Antigua Street propert~ owners that abutt the Approximate length of street: .200' Number of parcels or lots abutting street: 3 Total Number of property owners abutting street to be renamed: 3 Total Number of property owners signing petition to change street name: None Percentage of property owners signing petition: None AppLicant [] does, or [] does not, agree to pay cost of street sign replacement for pU (appro:c $100.00 per sign ) AGENDA ITEM h8,3 rs PF.- - Sheet 1 of 2 AVPLAT2001 -AR710 EXECUTIVE SUMMARY PETITION AVPLAT2001-AK710 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 10' WIDE EASEMENT LOCATED ALONG THE LOT LINE COMMON TO LOTS 5 AND 6, BLOCK 1, ACCORDING TO THE PLAT OF "NAPLES MANOR LAKES" AS RECORDED IN PLAT BOOK 3, PAGE 86 THROUGH 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to disclaim, renounce, and vacate Collier County's (County) interest in a ten foot (10') wide Easement on the lot line common to Lots 5 and 6, Block 1, "Naples Manor Lakes". CONSIDERATIONS: Petition AVPLAT2001-AK710 has been received by the Planning Services Department from Greg Jeppesen, P.E., of Jeppesen Engineering Corp. as agent for the petitioners, Michael G. Iaconelli and Joan Iaconelli requesting the vacation of the 10' wide Easement located along the lot line common to Lots 5 and 6, Block 1, according to the plat of "Naples Manor Lakes" so that a proposed building can be constructed over the lot line. Letters of no objection have been received from Collier County Engineering Services, Collier County Stormwater Management, Collier County Public Works, Comcast Cable Communications, Inc., Sprint and Florida Power & Light. Zoning is C4. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2001-AR710 for the vacation of the ten foot (10') wide Easement as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. A(~ENDA ITEI~I JUL 3 1 2001 She~ 2 of 2 AVPLAT 2001 -AR710 PREPARED BY: [7_. ,,._.~-_ Rick Grigg, P.S.M. Engineering Services Thomas E. Kuck, P.E. Engineering Services Director/ Interim Planning Director DATE: APPROVED By: ~-~ ~~ John ~[. Du~nuck, I~II, Interim Administrator Com~bnity Development & Environmental Services DATE: ~& ~i A(~ENDA ITEM No. JUL 3 1 2001 1 2 3 4 6 ? $ 9 10 11 12 14 15 16 17 18 19 2O 21 22 23 RESOLUTION NO. 2001- RESOLUTION FOR PETITION AVPLAT2001-AR710 TO DIS~ RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 10' WIDE EASEMENT LOCATED ALONG THE LOT LINE COMMON TO LOTS $ AND 6, BLOCK I, ACCORDING TO THE PLAT OF "NAPLES MANOR LAKES" AS RECORDED IN PLAT BOOK 3, PAGE 86 THROUGH 87, PUBLIC RECORDS OF COLLIER COUlV'IW, FLORIDA. LOCATED IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Cn'eg Seppesen, P.E., of Jeppesen thc vacation of the 10' wida Easement along the lot line common to Lots 5 nnd 6, Block 1, as depicted on thc plat of "Naples Manor Lakes" as recorded in Plat Book 3, Pages 86 through 87, Public Records of Collier County, Florida, located in Section 29, Township 50 South, Range 26 East; and ~, ca the plat the easement is shown as being 10' wide but it is not labeled as to what type of ea-nement it is and it is not clear--it is for drainage or utility purposes, or both; and WHEREAS, the Board has this day held a public hearing to consider vacating said 10' wi& Easement along the lot l/ne common to Lots 5 and 6, Block I, "Naples Manor Lal~', as mom fully descnt~d below, and not/ce of sa/d publ/c heating to v'~_e was ~ive~ a~ required by law;, and ~, the grant/n~ of the vacation w/Il no~ adversely affect the own~h/p or right of convenient access of other prol~'~'y owners. 24 NOW, TftEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 25 COI.LIi~R COUNTY, FLORIDA, that the County's inte~-t in the following described easement be and is 26 he.by disclaimed, rea~uuce~l, and 27 See Exh~oit "A' attached Im~to and incorporated herei~ 28 BE IT FURTH]~ RESOLVED, that ~e Clerk to dm Board is berry directed to a=cord a ~ 29 copy of this Resolution in the O~iciai Records of Collier County, Florida, and to make proper notation of 31 32 34 35 36 37 38 39 40 41 42 43 44 45 46 ,,=jo~y vo~ ~,vor~s sam~. DATED: ' ATTEST: DWIGI-Ir E. BROCK, Clerk Deputy Clerk Approval as m form and 1~1~1 dayof BOARD OF COUNTY' COIkflVilSSIONERS C0~ COUNTY, FLOR]]3A BY: James D. Caner, Ph.D., Chairman AQENDA ITEM No, JUL 3 1 ZOO1 LEGAL DESCRIPTION SHEET I OF 2 AVPLAT200 I-AR710 10 foot Drainage and Utility Easement, recorded on Lots 5 and 6, Block One, NAPLES MANOR LAKES, recorded in Plat Book 3, page 86 of the Public Records of Collier County, Florida, being more particularly described as follows: Being the Southeasterly 5 feet of Lot 5 and the Northwesterly 5 feet of Lot 6, Block One, NAPLES MANOR LAKES, recorded in Plat Book 3, page 86 of the Public Records of Collier County, Florida. Carol E. Nelson, PLS Florida Reg. No. 5013 3871 White Boulevard Naples, Florida 34117 Date: March 28, 2001 AGENDA ITEM No. JUL 8 1 2001 \ \ \ \ \ \ \ \ \ EXI-IIBIT "A" SHEET 2 OF 2 AVPLAT200 ! -AR710 AGENDA ITEM NO. -- JUL 3 1 2001 Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Received: Petition #: n~t p~.m~.z~ot. ~-rno Petitioner: Michael G. laconelli and Joan laconelli Address: 458 Forest Hills Blvd. City/State: Nap!es~ FL Agen*.: Greg .Jeppesen, P.E., Jeppesen Engineering Corp. Address: 1100 Commercial Blvd. #119, Naples, FL City/State: Naples, FL Telephone: (941) 775-2658 Zip Code: 34113 Telephone: (941) 596-2866 Zip Code: 34104 Address of Subject Property: Location: Section 29 Township 50S Range 26E Subdivision:Naples Manor Lakes Legal Description: Lotlm Lot 5. 6 Block 1 Unit N/A Plat Book 3 .... Page(s). 86-8? Reason for Request: A proposed building encroaches on the existin9 easement. Current Zoning: C-4. Does this affect density? No I hereby authorize Agent aba, f-to represen~t me for~is petition: ~ Yes [] No Signature of Petitiouer · / 1 Michael G. laconelli and Joan laconelli NIA Print Name (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of ,, a: ~a,~ ,,,,~.- mast accompany thi~ petition, and deliver o~' S.b..,v.,,..d Land" for thc li~t of supportive matcHal~ '"~"-~' mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) Attachment "B" Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other owners. AGENDA ITEM No. -- 2001 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 258748 04/19/2001 8:48:31 AM 04/19/2001 AR 710 Appl Name: JEPPESEN ENGINEERING CORP. Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: GREG JEPPESEN, P.E. 1100 COMMERCIAL BLVD., #119 NAPLES FL 34104 Proj Name: BRANMAR Type: TAZ: 152 Subdiv Nbr: 1264 Project Nbr: 19993614 Payor · IACONELLI Fee Code 12TRVC Fee Information IDescription REV ACCT/VAC EASEMENT-ROW 10116361032910000000 GL Account Total AmountlWaived $1000.00 $1000.00 Payments IPayment Code Account/Check Number Amount CHECK 1575 $1000.00 Memo: Total Cash Total Non-Cash $0.00t $1000.00 Total Paid I $1000.00 I Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: FROLOFF_E / 1 User: SMITH_G AGENDA ITEM NO. JUL 3 1 2001 Printed:04/19/2001 8:48:54 AM Apr~02-O! ]1:25~ P.02 TH~ INSTRUMENT PREPARED BY AND RETURN TO: F~r;t TIIle & Abstract. Inc. 606 ~M Ea~ ~J ~25~ 1 2553723 OR: 2609 PG: 1372 *** IiC01BI~ ID 0~HCII~L IIC01D! o! C0LLZII C0UIffY, FL MC Ill ~C-,70 ,al THIS WARRANTY DEED, rn~da tM d~ (my et August. A.D. 1999 by BRANPAAJq COMPANY, LC., a Florida ~.. T~. C., harem cried the pen=, tO M;HAEL 13. IACOflELLI md JOAN IACONELLI, husband and wife whose post o~% mddrms h 458 Forest Hllla Blvd., Naples, FL 34113. hirdn~Q~ cased the (~bmfltm; W ! T N Ir S S E T H; The! the grenkx', k)r and/n con~demflon el the ~ of TEN AND O0/'lO0'S ($10.00) DOllars ~ Mite valtHiMe r,o~lJdd(ol~'t. ~,,elpt whereof k hereby acknowledged, hereby ~entl. bafglJflls. SOb. libels, rlmlees, z~lelseo, convayu Ind confk~i ~ lbo ~ll~*e d ~ Ceflllfl ~ StbJILo in ~ ~o~nt~. S~to et Fa. viz: lot 8 and tho one-half (1/2) of Lot $ Immadlatoly adjacent to Lot 8 (being tho Southeast 55 toot of La $), Bleak 1, NAPa wS MANC)R LAKtrS, according to plat In Pla Book 3, Paola 86 and 87, Public Rocor40 ol Collier County, Florida. TOGETHER, with d toe tef~mef~. THIS IS NOT THE HOMESTEAD PROPERTY OF THE QRAHTOR TO HAVE AND TO HOLD, 1he ~.me in lee ,Imp~ Iorever. AND, the ~p~l~ ha'c-by covenanl; with Mdd ~,smeM the! the granlor b ~ sMzed el said hmd in lee simple; thll the grantor I~s good !rlghl end lawful lulhOdly lo SMI I~d GalWay laid land, amd hereby v~n'lnl8 the lille to #Id land and wia deland the ,lime Aglinst tho latMul cblnu IN WITNESS WHEREOF, ~ha ~ ~,antor has ~lo~cl .nd sealed two Ixmmemm the day m~d y~r Ms! above wntt~. Signed. meiJed and ~ Jn I~m pm~mc~ d~. ~l*~t tP2 Printed Marne STATE OF FLORIDA COUHTY OF Colllor The forego~g la,urals1 wis Klmowledged bMm'l me Ibis 26th day of Augul~, lg99 by BRANT W. BECKER. ManiOM ef BRANMAR COMPANY. LC.. · FIoHd~ C, mporllk~ o~ beh~ll el the C,)~porm~lon. He/Bhl la~o~ hm~ produced LS. AGENDA ITEM 1 2001 i:l~l P~.IR"I'Zg:;~ I - i=t lZ. "/lO ,I ~IIIIIUIIIIIIIIILI__.MI,,', i i I ! ? i I III I I I ! I~ I I III I I I J-- ......... - ......... I I Ill I !1~! I I I ~1_~ II " AGENDA ITEM NO. ~ JUL3 1 2001 " AGENDA ITEM NO, JtL 3 1 2001 AGENDA ITEM No. ~ JUL 3 1 2001 JEPPESEN ENGINEERING CORP. 1100 Commercial Blvd. #119 Naples, FL 34104 Phone/Fax (941) 596-2866 e-mail: jeppesen@mediaone.net April23,2001 John Houldsworth, P.E. Collier County Development Services 2800 N. Horseshoe Dr. Naples, FL 34104 Re: Naples Manor Lakes Easement JEC File No. 00-017 Dear John, I have a client who wishes to develop Lots 5 & 6 of Block One of Naples Manor Lakes (see enclosed plat). As you can see from the plat, there is an easement that runs along the lot line between Lots 5 and 6. My client wishes to vacate this easement. As you can see, it is unlabeled, but is probably an extension of the utility easement (but it might be a drainage easement) from Block Three. I am trying to determine if Collier County has any interest in this easement, and if so do you have an objection to the vacation of it? I don't think Collier County is the County mentioned on the plat, however Please call me if you have any questions or concerns. Sincerely, Gregory D. Jeppesen, P.E. President I have no objection to the proposed vacation. h P.E., Engineering Review Services John Houldswort , AGENDA ITEM NO. JUL 3 1 2001 ,, JEPPESEN ENGINEERING CORR ~ Clvll/~lte Development Englneer~ 1100 Commercial Blvd. #119 2001 APR -3 PH 3:38 Naples, FL 34104 Phone/Fax (941) 596-2866 e-mail: jeppesenOmediaone.net April 2, 2O01 John Boldt, P.E., P.S.M. Collier County Stormwater Management 2685 S. Horseshoe Dr. Naples, FL 34104 Re: Naples Manor Lakes Easement JEC File No. 00-017 Dear Mr. Boldt, I have a client who wishes to develop Lots 5 & 6 of Block One of Naples Manor Lakes (see enclosed plat). As you can see from the plat, there is an easement that runs along the lot line between Lots 5 and 6. My client wishes to vacate this easement. As you can see~i.~t i§5~a~leO~?but :iS:~.~..oBablYan exten~i0~of themtility ~a~mmt~Cou..~:it~migh.t ,.,: ~be:a ,drainage e~0"ffom Block Three. I am trying to determin~ 'if Collier comity' ha.q any interest in this easement, and if so do you have an objection to the vacation of it? I don't think Collier County does have an interest being that nowhere is the County mentioned on the plat, however obviously I need the County's opinion on the matter. Please call me if you have any questions or concerns. Sincerely, ' P.E. ~e~ory D. Jeppesen, President I have no objection to the proposed vacation. John Bdk[t, P.E., P.S,l~l.;Stormwater Managemen Department OI C:~lepla~en ~.ngine~ring~PROJECT~OO-OO7~Corr~OOOT-$tormwate. r Manasvan~nt F-..~rnent Letter. doc AGENDA ITEM NO. COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 732-2575 FAX: (941) 732-2526 January 29, 2001 Jeppesen Engineering, Corp 1100 Commercial Blvd # 119 Naples, FL 34104 Re: Naples Manor Lakes Lt 5 & 6, Blk One Dear Mr. Jeppesen: This office has reviewed your request to vacate the above-referenced site. Lot 5 & 6, Blk One. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, Lisa Taylor Engineering Technician I CC: Paul Mattausch, Water Director Joseph Chcatham, Wastcwater Director Rick Grigg, Land Surveyor, Community Development g:\engiaeering tech\easement vacation\naples manor lakes easement.doc AGENDA ITEM NO~,, JUL 3 1 2001 Comcast Cable Communications, Znc. P.O. Box 413018 Naples, FL 34101 ( omcast February l5,2001 Mr. Gregory Jeppesen Jeppesen Engineering Corp. 1100 Commercial Blvd. #119 Naples, Florida 34104 Re: Vacation of Easement along the lot line between Lots 5 and 6 of Block One of Naples Manor Lakes Dear Mr. Jeppesen: Comcast has no objection to the vacation of the utility easemems of the above referenced property. If you have any future concerns, please feel fi'ee to call me at (941) 432-1801. Sincerely, Gene Howell, Construction Manager EH/fjh AGENDA ITEM NO. JUL 3 I 2001 Sprint Box 2469 Naples, Florida 34106-2469 Febmaryl2,2001 Mr. Gregory Jeppesen, P.E. Jeppesen Engineering Corp. 1100 Commercial Blvd. #119 Naples, Florida 34104 RE: Vacation of Easement - Between Lots 5 & 6 / Block One / Naples Manor Lakes Dear Mr. Jeppesen: In response to your inquiry of January 24, 2001, (JEC File No. 00-017), regarding the possibility of vacating the easement that runs along the lot line between Lots 5 and 6 of Block one of Naples Manor Lakes, this is to advise that Sprint-Florida, Inc. has no objection to vacating said easement. IfI can be of further assistance, please contact me at (941) 263-6220. Sincerely, Kimo C. Ulloa Network Engineer I - E&C KCU:ns cc: Chron File Easement File -- AGENDA ITEI~ JUL 3 1 2001 Apr- 1~ O1 O4:SSp 3EPPESEH ErtGIrtEERIMG CORP o4/1~/2OOl MON 18:37 FAX (941) 596-2866 ~]OOl/OOi FPL 6eo~f Gro~ron 410~ 15 Ay. S.W. Naples, FI 34115 941-355-6040 Office 941-353-6082 ]=AX Mr. Gregory Jeppesen Jeppesen Engineering 1 I00 Commercial Blv #119 Naples, F1 34104 I~E: Naples Manor Lakcs Easement Dear Sir: This i~ to inform you that FPL has no ob}cction to the vacation of the plat~ed side lot easements betwcen lots 5 and 6 ofBlock O~c of Naples Manor Lakes subdivision, bclng a par~ of Collie~ County Fl. If you havc any further qucsdons in this matter, please contact me at our Golden Gate office. G~off Grat~on Customer Project M~nagcr - F?L AGENDA iTEM JUL 2001 /7.._ RV PLR'T' Zool- -.JZ 0 0 Ci Cl Cl AGENDA ITEM NO. ZOO1 (~ AGENDA ITEM NO. JUL 3 1 2001 FC 2 OC TR FOLIO 62250120008 STP~AP 508300 1 C~*~'%P 2609 / 1369 S 'DATE 8 1199 '~AMT 260000 ACRES 0.57 NAPLES TRS-> 50 26 29 LEGAL-1 ~.N~PLES NL~OR LAKES BLK 1 LOT -2 ~3 -3 -4 ID 62250120008 30683240008 OWNER> BP~ COMPAlXVf L.C 35B29 8954 LELY ISL/LND CIR CURRENT-EX-~LMT CERTIFIED COLLIER COUNTY, FL -TAX ROLL- FL 34113 2612 D~REA NA CERT-99-VAL CERT-00-VAL 10 LND $ 64969 64969 L-USE IMP $ MKT $ 64969 64969 ASSD $ 64969 64969 T~Y~kBLE $ 64969 64969 MMSTD-X $ MILL-CODE 100%-X $ 108 CNTY $ SR-X $ S-SL $ DIS-X $ MILL-RATE S-LB $ BLD-X $ 14.5342 CITY $ WID-X $ -2O0O- AG-X $ FIN~LL WH-X $ LOCATION Esc Fi Exit Update 230.46 MSTU $ 64.26 334.53 WMB $ 36.51 167.17 ISD $ 108.81 VADP $ 2.54 (2000 TAXES) TOTAL $ -CERTIFIED- NA TAMIAMI TRL E 11315 944.28 RES477 AGENDA ITEM JUL 3 1 Z001 FC 2 OC NR FOLIO 62250160000 STRAP 508300 1 ORB/P 2609 / 1369 SALE DATE 8 1199 SAMT 260000 ACRES 0.57 NAPLES TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 1 LOT -3 -4 ID 62250160000 30683240008 OWNER> BRANMAR COMPANY L.C 45B29 8954 LELY ISLAND CIR CURRENT-EX-AMT CERTIFIED COLLIER COUNTY, Er -TAX ROLL- FL 34113 2612 AREA NA CERT-99-VAL CERT-00-VAL 27 LND $ 64969 64969 L-USE IMP $ 330396 MKT $ 64969 395365 ASSD $ 64969 395365 TAXABLE $ 64969 395365 HMSTD-X $ MILL-CODE 100%-X $ 108 CNTY $ SR-X $ S-SL $ DIS-X $ MILL-RATE S-LB $ BLD-X $ 14 . 5342 CITY $ WID-X $ -2000- AG-X $ FINAL WH-× $ LOCATION Esc FI Exit Update 1402.47 MSTU $ 391.02 2035.73 WMB $ 222.19 1017.27 ISD $ 662.16 VADP $ 15.46 (2000 TAXES) TOTAL $ -CERTIFIED- NA TAMIAMI TRL E 11315 5746.30 RES477 AGENDA ITEM No. -- JUL 3 1 2001 OC NR FC 2 FOLIO 62250200009 STj~P 508300 1 O" ~ 2609 / 1369 S. DATE 8 1199 SAMT 260000 ACRES 0.28 TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 1 LOT -2 ,~,% LESS S1/2 ID 62250200009 30683240008 OWNER> BRANMAR COMPANY L.C 55B29 939 S JOY CIR -3 -4 MARCO ISLAND CURRENT-EX-AMT MILL-CODE 108 $ $ MILL-RATE $ 14.5342 $ -2000- FINAL HMSTD-X $ lOO%-X $ SR-X DIS-X BLD-X WID-X AG-X $ $ Esc Exit LOCATION Fi Update FL 10 LND $ L-USE IMP $ MKT $ ASSD $ TAXABLE $ 34145 CERT-99-VAL 64969 CERTIFIED COLLIER COUNTY, FL -TAX ROLL- 2729 AREA NA CERT-00-VAL 32484 64969 32484 64969 32484 64969 32484 CNTY $ 115.23 MSTU $ S-SL $ 167.26 WMB $ S-LB $ 83.58 ISD $ CITY $ VADP $ 32.13 18.26 54.41 1.27 (2000 TAXES) TOTAL $ -CERTIFIED- NA TAMIAMI TRL E 11315 472.14 RES477 AGENDA ITEM No. ~ 2001 FC 2 OC NR FOLIO 62250240001 STRAP 508300 1 ORB/P 2609 / 1372 SALE DATE 8 1199 SAMT 140000 ACRES 0.85 NAPLES TRS-> 50 26 29 LEGAL-1 __N~PLES MANOR LAKES BLK 1 LOT -2 ~JAND S1/2 OF LOT 5 -3 -4 ID 62250240001 30683240008 OWNER> IACONELLI, MICHAEL G=&JOAN 65B29 458 FOREST HILLS BLVD CURRENT-EX-AMT HMSTD-X $ lOO%-X $ SR-X DIS-X BLD-X WID-X AG-X $ WN-x $ MILL-CODE 108 $ $ MILL-RATE $ 14.5342 $ -2000- FINAL LOCATION FI Update Esc Exit 10 L-USE IMP $ MKT $ ASSD $ TAXABLE $ FL 34113 CERT-99-VAL LND $ 64969 CERTIFIED COLLIER COUNTY, F~ -TAX ROLL- 7556 AREA NA CERT-00-VAL 129938 64969 129938 64969 129938 64969 129938 CNTY $ 460.93 MSTU $ S-SL $ 669.05 WMB $ S-LB $ 334.33 ISD $ CITY $ VADP $ 128.51 73.02 217.62 5.08 (2000 TAXES) TOTAL $ -CERTIFIED- NA TAMIAMI TRL E 11315 1888.54 RES477 AGENDA ITEM JUL 001 OC NR FC 2 FOLIO 62250280003 ST/RAP 508300 1 O~? 1104 / 2100 S~ · DATE 1084 SAMT ACRES 0.57 TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 1 LOT -2 ~ OR 1104 PG 2100 3 -4 ID 62250280003 30683240008 OWNER> KENERSON, ORVILLE B=& GLENNA J 75B29 118 CITRUS RD NE CURRENT-EX-AMT LAKE PLACID MILL-CODE 108 MILL-RATE 14.5342 -2ooo- FINAL LOCATION Fi Update NA HMSTD-X $ lOO%-X $ SR-X DIS-X BLD-X WID-X AG-X $ WH-X $ Esc Exit FL 33852 CERT-99-VAL 10 LND $ 86625 L-USE IMP $ MKT $ 86625 ASSD $ 86625 TAXABLE $ 86625 CNTY $ 307.28 MSTU $ S-SL $ 446.03 WMB $ S-LB $ 222.89 ISD $ CITY $ VADP $ (2000 TAXES) TOTAL $ -CERTIFIED- 508300 CERTIFIED COLLIER COUNTY, FL -TAX ROLL- 9768 AREA NA CERT-00-VAL 86625 86625 86625 86625 85.67 48.68 145.08 3.39 1259.02 RES477 AGENDA iTEM No. JUL 3 1 Z001 FC 2 OC TR FOLIO 62250740006 STRAP 508300 2 ORB/P 2592 / 2114 SALE DATE 16 999 SAMT ACRES 0.19 TRS-> 50 26 29 LEGAL- 1 -2 -3 -4 ID 62250740006 30683240008 OWNER> BRADEN, JANET B 45B29 5344 FLORIDAN AVE NAPLES NAPLES MANOR LAKES BLK 2 LOT~ 41 CURRENT-EX-AMT HMSTD-X $ 25000 MILL-CODE lOO%-X $ lO8 SR-X $ DIS -X $ MILL-RATE BLD-X $ 14 . 5342 WID-X $ -2000- AG-X $ FINAL WH-× LOCATION Esc Fi Exit Update FL 1 LND $ L-USE IMP $ MKT $ ASSD $ TAXABLE $ 34113 CERT-99-VAL 5472 CERTIFIED COLLIER COUNTY, ~'-~ ~, -TAX ROLL- 0000 AREA NA CERT-00-VAL 6336 5472 6336 5472 6336 5472 6336 CNTY $ 22.47 MSTU $ S-SL $ 32.62 WMB $ S-LB $ 16.30 ISD $ CITY $ VADP $ 6.27 3.56 10.61 0.25 (2000 TAXES) TOTAL $ -CERTIFIED- NA TRAMMELL ST 5201 92.08 RES477 AGENDA ITEM No. JU~ ~l ZOO1 FC 2 FOLIO STRAP 508300 2 O~-'~ 1161 / 2245 S. DATE 1 1085 SAMT 14000 ACRES 0.19 NAPLES TRS-> 50 26 29 MANOR LAKES BLK 2 LOT/5~ LEGAL- 1 NAPLES -2 -3 -4 HMSTD-X 100%-X SR-X DIS-X BLD-X WID-X AG-X WH-X OC NR ID 62250760002 30683240008 62250760002 OWNER> HERRERA, GUSTAVO J=& FRANCES 55B29 5205 TRAMMEL ST CURRENT-EX-AMT FL Esc Exit $ 25000 MILL-CODE $ los $ $ MILL-RATE $ 14.5342 $ -2000- $ FINAL $ 1 LND $ L-USE IMP $ MKT $ ASSD $ TAXABLE $ CERTIFIED COLLIER COUNTY, FL -TAX ROLL- 34113 7735 AREA NA CERT-99-VAL CERT-00-VAL 5472 6336 89294 95588 94766 101924 84308 86584 59308 61584 CNTY $ 218.46 MSTU $ 60.90 S-SL $ 317.10 WMB $ 34.61 S-LB $ 158.46 ISD $ 103.14 CITY $ VADP $ 2.41 LOCATION Fi Update (2000 TAXES) TOTAL $ -CERTIFIED- NA TRAMMELL ST 5205 895.08 RES477 AGENDA ITEM NO. JUL 8 1 2:001 FC 2 FOLIO STRAP ORB/P 855 / 1854 SALE DATE 1 280 SAMT ACRES 0.20 NAPLES TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 2 LOT -2 ~OR 855 PG 1854 -3 -4 OC NR ID 62250800001 30683240008 62250800001 OWNER> CLAWSON, DONALD R=& SANDRA S 508300 2 65B29 5209 TRAMMEL ST CURRENT-EX-AMT HMSTD-X $ 25000 lOO%-X $ SR-X $ DIS -X $ BLD-X $ WID-X $ AG-X $ W~-× $ MILL-CODE 108 MILL-RATE 14.5342 -2000- FINAL LOCATION Fi Update Esc Exit FL 34113 CERTIFIED COLLIER COUNTY, ~ -TAX ROLL- 7735 AREA NA CERT-99-VAL CERT-00-VAL 1 LND $ 5586 6791 L-USE IMP $ 35837 40281 MKT $ 41423 47072 ASSD $ 37169 38173 TAXABLE $ 12169 13173 CNTY $ 46.73 MSTU $ S-SL $ 67.83 WMB $ S-LB $ 33.89 ISD $ CITY $ VADP $ 13.03 7.40 22.06 0.52 (2000 TAXES) TOTAL $ -CERTIFIED- NA TRAMMELL ST 5209 191.46 RES477 AGENDA ITEM No. JUL ~l 1 ~001 OC TR FC 2 FOLIO 62251280002 ST~E~ P 508300 3 O~ ~. 9999 / 9999 S~ DATE 20 492 SAMT 62000 ACRES 0.19 NAPLES TRS-> 50 26 29 LEGAL-1 ~APLES MANOR LAKES BLK 3 LOT ID 62251280002 30683240008 OWNER> DILLINGHAM, DON N 15B29 DILLINGHAM, ALICE C & SUZANNE LANIER ESQ 2640 GOLDEN GATE PKWY STE 206 -3 -4 CURRENT-EX-AMT CERTIFIED COLLIER COUNTY, FL -TAX ROLL- FL 34105 3203 AREA NA CERT-99-VAL CERT-00-VAL 1 LAID $ 5472 6653 L-USE IMP $ 37739 42419 MKT $ 43211 49072 ASSD $ 38647 39690 TAXABLE $ 13647 14690 HMSTD-X $ MILL-CODE 100%-X $ 108 CNTY $ SR-X $ S-SL $ DIS-X $ MILL-RATE S-LB $ BLD-X $ 14.5342 CI.TY $ WID-X $ -2000- AG-X $ FINAL WH-X $ LOCATION Esc Fi Exit Update 52.11 MSTU $ 14.53 75.64 WMB $ 8.25 37.80 ISD $ 24.61 VADP $ 0.57 (2000 TAXES) TOTAL $ -CERTIFIED- NA FLORIDAN AVE 5348 213.51 RES477 AGENDA ITEM No. JUL :3 1 2001 FC 2 OC NR FOLIO 62251320001 STR3tP 508300 3 ORB/P 1512 / 741 SALE DATE 14 390 SAMT 47900 ACRES 0.19 NAPLES TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 3 LOT -2 ~'~OR 1512 PG 741 -3 -4 ID 62251320001 30683240008 OWNER> BRITT, DORIS M 25B29 5206 TRAMMEL ST CURRENT-EX-AMT HMSTD-X $ 25000 MILL-CODE 100%-X $ 108 SR-X $ DIS-X $ MILL-RATE BLD-X $ 14.5342 WID-X $ -2000- AG-X $ FINAL WH-X $ LOCATION Esc Fi Exit Update FL 1 LND $ L-USE IMP $ MKT $ ASSD $ TAXABLE $ CERTIFIED COLLIER COUNTY, E -TAX ROLL- 34113 7736 AREA NA CERT-99-VAL CERT-00-VAL 5472 6653 37739 42419 43211 49072 38647 39690 13647 14690 CNTY $ 52.11 MSTU $ 14.53 S-SL $ 75.64 WMB $ 8.25 S-LB $ 37.80 ISD $ 24.61 CITY $ VA/DP $ 0.57 (2000 TAXES) TOTAL $ -CERTIFIED- NA TRAMMELL ST 5206 213.51 RES477 AGENDA ITEM JUL 3 1 FC 2 OC NR FOLIO 62251360003 STRAP 508300 3 .~-'~/P 2736 / 2080 E DATE 26 1000 SAMT 600O0 ACRES 0.19 NAPLES TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 3 LOT -2 -3 -4 ID 62251360003 30683240008 OWNER> DELGADO, HERMINIO=& SALLY 35B29 5210 TRAMMELL ST CURRENT-EX-AMT HMSTD-X $ 25000 MILL-CODE lOO%-X $ lO8 SR-X $ DIS-X $ MILL-RATE BLD-X $ 14.5342 WID-X $ -2000- AG-X $ FINAL wH-x $ LOCATION Esc Fi Exit Update FL 34113 0000 CERT-99-VAL 1 LND $ 5472 L-USE IMP $ 39728 MKT $ 45200 ASSD $ 45200 TAXABLE $ 45200 CERTIFIED COLLIER COUNTY, FL -TAX ROLL- AREA NA CERT-00-VAL 6653 44599 51252 51252 51252 CNTY $ 181.81 MSTU $ S-SL $ 263.90 WMB $ S-LB $ 131.87 ISD $ CITY $ VADP $ (2000 TAXES) TOTAL $ -CERTIFIED- NA TRAMMELL ST 5210 50.69 28.81 85.84 2.00 744.92 RES477 AGENDA ITEM No. , JU?3 1 2001 FC 2 OC NR FOLIO 62251400002 STRAP 508300 3 ORB/P 2040 / 2383 SALE DATE 22 395 SAMT 55100 ACRES 0.19 NAPLES TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 3 LOT -2 ['4~OR 2040 PG 2383 -3 -4 ID 62251400002 30683240008 OWNER> RAMIREZ, JUAN=& CELESTE 45B29 5214 TRAMMEL ST CURRENT-EX-AMT HMSTD-X $ 25000 100%-X $ SR-X $ DIS-X $ BLD-X $ WID-X $ AG-X $ WH-× $ MILL-CODE 108 MILL-RATE 14.5342 -2000- FINAL LOCATION FI Update Esc Exit FL 1 LND $ L-USE IMP $ MKT $ ASSD $ TAXABLE $ CERTIFIED COLLIER COUNTY, -TAX ROLL- 34113 7736 AREA NA CERT-99-VAL CERT-00-VAL 5472 6653 37739 43874 43211 50527 42552 45085 17552 20085 CNTY $ 71.24 MSTU $ 19.86 S-SL $ 103.42 WMB $ 11.28 S-LB $ 51.68 ISD $ 33.64 CITY $ VADP $ 0.79 (2000 TAXES) TOTAL $ -CERTIFIED- NA TRAMMELL ST 5214 291.91 RES477 AGENDA ITEM No. FC 2 FOLIO STP~AP 508300 3 235B29 ~-~ 2421 / 2o72 ~ DATE 19 598 SAMT ACRES 0.19 NAPLES TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 3 LOT -2 ~ -3 -4 OC NR ID 62252120006 30683240008 62252120006 OWNER> POWELL, LINNETTE MAE 5214 GILCHRIST ST CURRENT-EX-AMT CERTIFIED COLLIER COUNTY, FL -TAX ROLL- FL 34113 7728 AREA NA CERT-99-VAL CERT-00-VAL 8 LND $ 5472 6336 L-USE IMP $ 48305 48386 MKT $ 53777 54722 ASSD $ 53777 54722 TAXABLE $ 53777 54722 HMSTD-X $ MILL- CODE 100%-X $ 108 CNTY $ SR-X $ S-SL $ DIS-X $ MILL-RATE S-LB $ BLD-X $ 14. 5342 CITY $ WID-X $ -2000- AG- X $ FINAL WH-× $ LOCATION Esc Fi Exit Update 194.12 MSTU $ 54.12 281.76 WMB $ 30.75 140.80 ISD $ 91.65 VADP $ 2.14 (2000 TAXES) TOTAL $ -CERTIFIED- NA GILCHRIST ST 5213 795.34 RES477 JUL $1 2:001 FC 2 FOLIO STRAP 508300 3 265B29 ORB/P 2746 / 2320 SALE DATE 22 1100 SAMT 20000 ACRES 0.19 TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 3 LOT -2 1~ -3 -4 OC NR ID 62252240009 30683240008 62252240009 OWNER> FERNANDEZ, MIRIAM 434 SPINNAKER DR CURRENT-EX-AMT MARCO ISLAND HMSTD-X $ lOO%-X $ SR-X DIS-X BLD-X WID-X AG-X $ wH-× $ M ILL - CODE 108 MILL-RATE 14.5342 -2000- FINAL Esc Exit LOCATION FI Update FL 0 LND $ L-USE IMP $ MKT $ ASSD $ TAXABLE $ 34145 CERT-99-VAL 5472 CERTIFIED COLLIER COUNTY, Fr -TAX ROLL- 2430 AREA NA CERT-00-VAL 6336 5472 6336 5472 6336 5472 6336 CNTY $ 22.47 MSTU $ S-SL $ 32.62 WMB $ S-LB $ 16.30 ISD $ CITY $ VADP $ 6.27 3.56 10.61 0.25 (2000 TAXES) TOTAL $ -CERTIFIED- NA FLORIDAN AVE 5201 92.08 RES477 AGENDA ITEM NO. - JUL :3 1 2001 OC NR FC 2 FOLIO 62252280001 STRAP 508300 4 O"~'9 2197 / 1259 S. DATE 20 696 SAMT 50000 ACRES 0.19 TRS-> 50 26 29 LEGAL- 1 -2 -3 -4 ID 62252280001 30683240008 OWNER> ZUNIGA, JESUS=& ROSA GARNICA 15B29 PO BOX 7875 NAPLES NAPLES MANOR LAKES BLK 4 LOT~ CURRENT-EX-AMT HMSTD-X $ 25000 MILL-CODE 100%-X $ 108 SR-X $ DIS -X $ MILL-RATE BLD-X $ 14. 5342 WID-X $ -2000- AG - X $ F I NAL WH-× $ LOCATION Esc Fi Exit Update FL 1 LND $ L-USE IMP $ MKT $ ASSD $ TAXABLE $ CERTIFIED COLLIER COUNTY, FL -TAX ROLL- 34101 7875 AREA NA CERT-99-VAL CERT-00-VAL 5472 6653 31868 35820 37340 42473 34187 35110 9187 10110 CNTY $ 35.86 MSTU $ 10.00 S-SL $ 52.06 WMB $ 5.68 S-LB $ 26.01 ISD $ 16.94 CITY $ VADP $ 0.40 (2000 TAXES) TOTAL $ -CERTIFIED- NA FLORIDAN AVE 5202 146.95 RES477 AGENDA ITEM JUL FC 2 OC NR FOLIO 62252320000 STRAP 508300 4 ORB/P 2415 / 2154 SALE DATE 4 598 SAMT 5000 ACRES 0.19 NAPLES TRS-> 50 26 29 LEGAL-1 NAPLES MANOR LAKES BLK 4 LOT -3 -4 ID 62252320000 30683240008 OWNER> ZUNIGA, JESUS=& ROSA 25B29 PO BOX 7875 CURRENT-EX-AMT MILL-CODE 108 HMSTD-X $ lOO%-X $ SR-X DIS-X BLD-X WID-X AG-X $ WH-× $ $ MILL-RATE $ 14.5342 $ -2000- FINAL LOCATION FI Update Esc Exit FL 0 LND $ L-USE IMP $ MKT $ ASSD $ TAXABLE $ 34101 CERT-99-VAL 5472 CERTIFIED COLLIER COUNTY, F! -TAX ROLL- 7875 AREA NA CERT-00-VAL 6336 5472 6336 5472 6336 5472 6336 CNTY $ 22.47 MSTU $ S-SL $ 32.62 WMB $ S-LB $ 16.30 ISD $ CITY $ VADP $ 6.27 3.56 10.61 0.25 (2000 TAXES) TOTAL $ -CERTIFIED- NA GILCHRIST ST 5206 92.08 RES477 AGENDA ITEM 2001 Sheet 1 of 2 VAC 00-024 EXECUTIVE SUMMARY PETITION VAC 00-024 TO VACATE A PORTION OF "GATOR GATE" AS RECORDED IN PLAT BOOK 7, PAGE 2 AND TO VACATE A PORTION OF "GATOR GATE UNIT 2" AS RECORDED IN PLAT BOOK 7, PAGE 54, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 3, TOWNSH1P 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of "Gator Gate" and to vacate a portion of"Gator Gate Unit 2" as described above. CONSIDERATIONS: Petition VAC 00-024 has been received by the Planning Services Department from Douglas Wood, Esq., as agent for the petitioner, Andrew J. Saluan, Trustee, requesting the vacation of a portion of the plats of "Gator Gate" and "Gator Gate Unit 2" to accomodate proposed development of these tracts. Letters of no objection have been received from the following seven Collier County Departments: Planning, Engineering Review, Transportation, Stormwater Management, Public Utilities, Sheriff and Emergency Services; from the following three utility companies: Florida Power & Light, Sprint Telephone and Comcast Cable; and from the following seven adjacent property owners: Linda Marszalkowski, Forest Glen Golf Development, Clyde Quinby, U.S. Homes, Thomas Eckerty, Walter Brashier and C.EI. Kensington, Ltd. Zoning is PUD. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None AGENDA ITEM Nt~. OU . 3 1 2001 Sheet 2 of 2 VAC 00-024 PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 00-024 for the vacation of a portion of"Gator Gate" and a portion of"Gator Gate Unit 2" as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plats. PREPARED BY: Rick Grigg, P.S.M. Engineering Services Thomas E Kuck, P.E. Engineering Services Director & Interim Planning Director DATE: Jo~(/~ M. Dunnuck, III, Interim Administrator Cc[fnmunity Development & Environmental Services 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. 2001- RESOLUTION FOR PETITION VAC 00-024 TO VACATE A PORTION OF "GATOR GATE" AS RECORDED IN PLAT BOOK 7, PAGE 2 AND TO VACATE A PORTION OF "GATOR GATE UNIT 2" AS RECORDED IN PLAT BOOK 7, PAGE 54, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Douglas Wood, Esq., as agent for the 11 petitioner, Andrew J. Saluan, Trustee, does hereby request the vacation of a portion of"Gator Gate", as recorded 12 in Plat Book 7, Page 2, and the vacation of a portion of"Gator Gate Unit 2", as recorded in Plat Book 7, Page 13 54, Public Records of Collier County, Florida; and 14 WHEREAS, the Board has this day held a public hearing to consider vacating a portion of "Gator 15 Gate", as recorded in Plat Book 7, Page 2, and vacating a portion of "Gator Gate Unit 2", as recorded in Plat 16 Book 7, Page 54, Public Records of Collier County, Florida, as more fully described below, and notice of said 17 public hearing to vacate was given as required by law; and 18 WI-IEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient 19 access of other property owners. 20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 21 OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: 22 See Exhibit "A" attached hereto and incorporated hereto. 23 BE IT FLrRTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified 24 copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this 25 vacation on the recorded plats as referenced above. 26 This Resolution is adopted this ~ day of ..) 2001, after motion, second 27 and majority vote favoring same. 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D., Chairman Approved as to form and legal Patrick ~. ~fl~ite', Esq. Assistant County Attorney JUL 3 I 2001 ..... NOLLclIUOS:IO dO HOI::I)IS 'DNI IS;lO ONY ~)NI~NP'JN;i A'IN¥OIN EXHIBIT "A" SHEET 1 OF I VAC 004)24 L 3 I 2001 Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDMDED LAND Date Received: /,,fo V. /-~/ 20~C'3 16Al Petition #: ~. ~-~ C 0~' 0 ~4 Petitioner: Andrew J. Saluan, Trustee Address: 2930 Immokalee Road, Suite #4 Telephone: 596-9500 City/State: Naples, Florida Zip Code: 34110 Agent: Doualas A. Wood. Esq. Addre~: 1000 Tamiami Trail North, Suite 201 Telephone: 263-8282 City/State: Naples, Florida Zip Code: 34102 Address of Subject Property: Location: Section ~ Township ~C~ Range Z~o Subdivision: ~.~ Legal Description: Lot Block Unit Plat Book tTr? Page(s) Reason for Request: p].~t r~cord~d by previous owner and serves no purpose. Current Zoning: vrl~ Does this affect density? ~o, I hereby authorize Agent above t~present me for this petition: Signatu~;e of Petitioner [] Ye~ [] No ////o/oo Date · ~ndr~w J. ga]nan Trustee Print Name (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deflver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 O) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other thai a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, principals. List ali other owners. JUL 31 2001 la~a 4 of 4 Official Receipt - Collier County Board CDPR1103 - Official Receipt of County Commissioners Post Date 12/04/2000 Payment Skip Nbr MS 79146 I Trans Number 1236174 Date 12/04/2000 8:17:21 AM WESTPORT COMMERCE CENTER VAC-00-024 Payor' WESTPORT Fee Information Fee Code Description GL Account 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 Total Amount Waived $1000.00 $1000.00 Payments Amount $1000.00 Payment Code CHECK Account/Check Number 1158 Memo: CHECK NO.1158 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid I $1000.00 ! Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: GARRETT_S / 1 User: SPANGLER_T JUL 3 t 2001 Printed: 12/04/2000 8:17:4.0 AM AND AS USTEE,, whose post office address is ~'~__/ /~.~,L', ]J~, ~,~ ~W~, first party, to ANDREW J. SALUAN, TRUSTEE, IND - tAW mOFF1C~S C. A. MURPHY ¥INCEJ,~r MURPHY · *Jmlo N. AIRPORT RID. MAPLES. FLORIDA w~ose poet office address is 3800 Airport Road North, Naples, Florida 33942, and whose social security number is , second party; NItq~SETBI That the said first party, for and in consideration o~ the sum of TEN DOLLARS, in hand paid by the said second party, the receipt whereof Is hereby acknowledged, does hereby remiss, release and quitclaim unto the said second party forever, all the rig'ht, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel o~ land, situate lying and being in the County ~. Collier, State of Florida, to-wit~ , The East half of the Northeast quarter of Section 3, . Township 50 South, Range 26 East, including that portio~ of Tract ~1, Gator Gate, according to plat in Plat Book. 7, page 2, Public Records of Collier County, Florida, ' and Tract ~2, Gator Gate, Unit %2, per plat in Plat Boo~ 7, page 54, Public Records of Collier County, Florida, lying therein ex~.~q~k that portion taken for highway sss, andJe-~pt:~ BEGINNING at the northwest corne~ purpo ~__ - _~. · 1 of the east ha&[ or the northeast quarter of Section 3,-~ Township 50 South, Range 26 East, Collier County, Florida: Thence easterly along the south right-of-way of S-858 a distanc~ of 200 feet to the POINT OF BEGINNING; thence southerly along a line parallel to the west boundary of the east half of the northeast quarter of said Section 3, Township 50 South, Range 26 East, a distance of 900 feet; thence easterly along a line parallel to the south right-of-way line of S-858 to the ~est right-of-way line of S-951; thence northerly along the west right-of-way line of S-951 to the northeast corner of Tract 2, Gator Gate, Unit 2, being a distance of 900 feet, more or less, thence westerly along the south right-of-way line of S-855 to the POINT OF BEGINNING. Property ID NO. ~ ~01 ~000 ~ THIS IS NOT THE HOMESTEAD OF THE GRANTOR WHO RESIDES AT THIS INSTRUMENT IS SOLELY TO EFFECT A CHANGE OF TRUSTEE. THERE IS NO CONSIDERATION. TO HAVRE Bw~ T~3 HOLD the same together with all am singular the appurtenances thereunto belonging or in anywis - Received$ .~ _Documentar) St.pT~ ~'~'~ Class 'C' Intangible Received $ ~[~ Personal ~ro~t) T~ DWIGHT £. BR~K, CLE~ OF CI~,,.UI~ £~JEr .~gi. 'ail~'' the esta'~4,' right, title, intel:est, .lien, ......... either in 'Claia whatsoever o£ the said first party, "'to the only prope~ use, benelit and behoof of ~he said 8~6nd'. ~ty ~orev~- ':'i."~:.....'~ :r '~ '.' l~ ~6 ~~ The said ll~s~ party has signed and ...:'. ':.~;:""' seal~ these presents the day and year first a~ve written. Signed, s,aled and delivered in the prasenc~ oi.~ MARON D. SAI~UANr'INDIVIDUALLY AND AS TRUSTEE STATE OF COUNTY OF The. foregoing instrument was acknowledged before me thi: 1 0 has pr~u ~~o as identifica~ion and who did no~ take an oath~ commission No. THIS INSTRUHENT PREPARED VINCENT MURPHY; ATTORNEY AT LAW MURPHY hAW FIRM 3510 NORTH AIRPORT ROAD, SUITE A NAPLES, FLORIDA 33942 WITHOUT OPINION JUL 3 1 20{3{ lilT.----- AND AS T~USTEE, wh_ose post office address is /~.%,. ,.~4, ~. w~,2/j~ , first party, to ANDREW J. SALUAN, TRUSTEE, whose post office address is 3800 Airport Road North, Naples, Florida 33942, and whose social secur:ty number is 286-48-2220, IAW C. A. MURPHY VINCENT MURPHY ~E$. FLORIDA second party; IIITHESSETHs That the said first party, for and in consideration of the sum of TEN DOLLARS, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remiss, release and quitclaim unto the said second party forever, all the eight, title, interest, claim and demand which the said first pa=ty has in and to the following described lot, piece or parcel of land, situate, lying and being in the County Collier, State of Florida, to-wit= A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2, and a part of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54, Public Records of Collier County, Florida, and other lands in the Northeast quarter of Section 3, Township 50 South, Rang~ 26 East, being more particularly described as follows= The East half of the West half of the Northeast quarter of Section 3, Township 50 South, Range 26 East, less th~ right of way of SR-858, and containing 40 acres, more or~ less. Property ID NO. ~ g~ ~OI GO009 ~0~ ~J'14o ~026~06 ~ THIS IS NOT THE HOMESTEAD OF THE GRANTOR WHO RESIDES AT THIS INSTRUMENT IS SOLELY TO EFFECT A CHANGE OF TRUSTEE. THERE IS NO CONSIDERATION- TO HAVI~ AND TO BOLD the same together with all and singular the appurtenances thereunto belonging or in anywise a~pertainin~,'and all the estate, =£ght, t~=le, inte=e~, i£en, equity and claim whatsoever of the said ~£rst party, either in or equity, to the only proper use, benefit and behoof of the said second party ~orever. IN WlTNIISS NIlE RE OF, The said ~ir~t party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: lCH~RON D. S/Lf.,U&N, INDIVIDUABB¥ I~"'~-~--~S~ - . ' · ~ Received $ Class 'C' Intan BY ' JUL-- 3 2001 I 00'0771 instrument was acknowledged before me th£s , 1953, by Maron D. Saluan, who me or who has produced ~ .~&'~..:_ &e ldentific&t~on aha WhO ~o not s,a,a:H',_" aA.q.e F4A~qY ANN O[ROSE_ · . &kCo~nd.~Ex~A~-m. 19g~ (SEAL) :ommJ, sslon 1~o ._ .~IS INSTRUMENT pREPA/tED BY t rINCENT MURPHY, ATTORNEY AT LAW .~URPHY LAW FIRM _ l~810 NORTH AIRPORT ROAD, SUITE A I~APLES, FLORIDA 33942 I~ITHOUT OPINION JUL 3 1 2001 (~ 30Vd '& NOOg .".l-I.VO ~O.l.VO I N Oi.L dlB3,~S .2~.~,0~O,~H3/~1S ...,,.. I NVn"r~, ? ~='='='='='='='='='~ . --. i I iii I I [] I [] I ii. I i, I :l, I I I. I I iiKIlllll~li'lll'l~l I ~ii!i I ,I I ,t I P I i i I I I It SIESKY, PILON & WOOD JAMES A. PILON, EA. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, EA. a partnership of professional associations ATTORNEYS AT LAW April 12, 2001 AF'/ 2001 RECEIVED sUrFE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Susan Mun'ay Interim Planning Manager Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Ms. Murray: Enclosed, please find a copy of a letter of no objection which was signed by Mr. Nino on May 9, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. DWhnn Enclosure cc: Andrew Saluan G:kApps\WPSl\$ahm~t vacatiol~ of easement- lelter tt~ Collier County Pin,ming- April 12. 2001 wpd 522105 Collier County Planning Services has no objection to the vacation of the portions of the plats of Gator Gate and Gator Gate Unit Two. Date: TE1,F,I*I-1ONF,: 941~263-B282 Seusan Murray, Interim Planning t~ lana~r JUL 3 t 2001 ACSIMILIi: 941-263-7611 SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, EA. a partnership of professional associations ATTORNEYS AT LAW April 12, 2001 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 John Wouldsworth Senior Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Mr. lll/ouldsworth: Enclosed, please find a copy of a letter of no objection which you signed on May 8, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. ~Sincere y, DW/mn Enclosure cc: Andrew Sahmn G:\Apps\WPSl~alum~ vacation of easement- letler In Collier Cotmty Engince~g- Apdl 12, 2001 ~vpd 5221.05 Collier County Engineering Review Services has no objection to the vacation of the portions of the plats of Gator Gate and Gator Gate Unit Two. Date: TEI,EI'I IONF,: 941-263-F1282 '~l~n ~ij'oulciswortl~, 'Senior Engineer I~ ['~ C JUL 31 200I FACSI~IDI:,: va I-ZO~-X(~l I ..... COLLIER COUNTY GOVE ENT TRANSPORTATION DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8494 FAX: (941) 774-5375 A CERTIFIED BLUE CHIP COMMUNITY May 5, 2000 Dot, glas A. Wood, Esq. Siesky, Pilon & Wood, Attorneys at Law I1)(}() Tamiami 'l'rail N~rth, Suilc 21(I Naple~, FL 34102 Re: Vacation of a Portion of the Plat of Gator Gate, Units I and 2 Dear Mr. Wood: Thank you for your letter dated May 3, 2000, and the accompanying copies of plats. It has taken some research, but I believe I understand what you are requesting to have vacated. It is my understanding that you wish to vacate that portion of the subject Plats (P.B. 7, Page 2 for Gator Gate Unit 1 and P.B. 7, Page 54 for Gator Gate Unit 2) within which the Westport Commerce Center PUD lies. This opinion is based on an examination of a Boundm'y survey Map for the Westport Commerce Center prepared by WilsonMiller, dated April, 1993, for Andrew J. Saluan, Trustee. Based on the foregoing understanding, this office offers no object to the proposed vacation. Please advise if you need any additional information. Very [July yours, ;ervices Director CC: Tom Kuck, P.E., Engineering Review Manager Russ Muller, Senior engineer, Engineering Review Services File: Vacations (Gator Gate/Westport Commerce Center) JUL 3 1 2001 SIESKY, PILON & WOOD JAMES A. PILON, EA. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, EA. a partnership of professional associations ATFORNEYS AT LAW lO01 APR 16 April 12, 2001 ~SUI['I~ 201, THE FAIRWAY BUILDING ¥: 1¥: 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mr. John Boldt Collier County Water Management 3301 Tamiami Trail East, Bldg. H-3 Naples, Florida 34112 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Mr Boldt: Enclosed, please find a copy of a letter of no objection which you signed on May 5, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Enclosure cc: Anckew Saluan G:LApps\WP5I\Salnm~ vaoation of e~selnent- lelter to Collier Cmmty Watel- April 12, 2001.wpd 522105 Collier County ~Water Management has no objection to the vacation of the portions of the plats of Gator Gate and Gator Gate Unit Two. J t a Management Director TF,1 ,EPT ION E: 941-263-8282 JUL 3 ! 200! COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 April 18, 2001 Mr. Douglas A. Wood Siesky, Pilon & Wood 1000 Tamiami Trail North Sic Naples, FL 34102 Re: Westport Commerce Center, Vacation of Easement (Gator Gate Plat)-Revised Dear Mr. Wood: This office has reviewed your request to vacate the above-referenced Westport Commerce Center. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the easement found on the above-referenced plat. Should you have any further questions, please feel free to contact me at (941) 732-2575. Sincerely, Lisa Taylor Engineering Technician Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Smweyor, Community Development g:\cngineering tech\easement vacation\westport commerce center(gator gate)-revised.doc JUL 3 1 200! ~. 20 Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774--4434 April 26, 2001 Mr. James A. Pilon, P.A. Siesky, Pilon & Wood. 201 Fairway Building 1000 Tanfiami Trail North Naples, Florida 34102 PETITION TO VACATE CERTAIN PORTIONS OF THE PLATS OF GATOR GATE AND GATOR GATE UNIT TWO IN THE WESTPORT COMMERCE CENTER TRUST/GATOR GATE PLAT PROJECT, COLLIER COUNTY, FLORIDA Dear Mr. Pilon: Staffhas reviewed your reqt~est for a letter of"No Objection" for the above-described project. The vacation of portions of the plats of Gator Gate and Gator Gate Unit Two as described in your letter of April 21, 2001, and listed above. The Sheriff's Office reviews these requests to deternfine if'the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, cilhcr now or iii thc Ihk,'c, docs not impinge on our ability Io deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. Sincerely, ~ter, heriff _._~.0~,_. ~.v~'lFlorida DH:GY:dv CC: File JUL 3 1 2001 SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. April 12, 2001 SUITE 201, THE FAIRWAY BUILDING 1000 TAM/AMI TRAIL NORTH NAPLES, FLORIDA 34102 Jeffrey P. Page EMS Operations Chief Collier County Emergency Medical Services 3301 Tamiami Trail East Naples, Florida 34112 Re: Westport Commerce Center Trust/Gator Gate Plat I)ear Mr. Page: Enclosed, please find a copy of a letter of no objection which you signed on June 8, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Sincerely~ Douglas A. Wood DW/nm Enclosure cc: Andrew Saluan G:\Apps\WPSl\Saluan vacation of easement- letter to Coil/er Coulfly EMS- April 12, 2001 wpd 5221 05 Collier County Emergency Medical Services has no objection to the vacation of the portions of the plats of Gator Gate and Gator Gate Unit Two. Date: q"/,,)'~)/'/ ~.~. ~ Jeffr~"'~g~,, EMS Operations ~ TELEPHONE: 941-263-8282 JUL 3 ! 2001 FACSIMILE: 941-263-7611 z.L FPL, Geoff ~ratton 4105 15 Av. S.W. Naples, FI 34116 941-353-6040 Office 941-353-6082 FAX May 15, 2000 Mr. Douglas Wood Siesky, Pilon & Wood 1000 Tamiami Trail North Naples, F1 34102 Suite 201 Re: Vacation of easement a part of Gator Gate 2 Mr. Wood. This is to confirm that FPL has no objection to the vacation of a portion of Gator Gate Unit 2 as shown to us on a reproduction of Plat book 7, pages 2 and 54 items 828 and 880, a part of the official records of Collier County, Fl. More specifically parcels 3,4 and 2.4 of section 3, township 50, rmage 26 as shown on the assessment map of Collier County, Florida page 5B/3N. e~o f~rat~t'onSincerely~/~... Senior Designer-FPL I Ill JUL 3 1 2001 JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESICY, EA. DOUGLAS A. WOOD, EA. SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 April 12, 2001 Kenneth Jordan Network Engineer II Sprint United Telephone- Florida Post Office Box 2477 Naples, Florida 34102 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Mr. Jordan: Enclosed, please find a copy of a letter of no objection which you signed on June 12, 2000 Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, MicheIle Nicola. ii~ouglas .A. Whoa DW/tnn Enclosure cc: Andrew Saluan G'~,AppskX,¥ PSl\gahtan vacahon -feasement- letter to Spfi~lt- Apr/112, 2001.wpd 5221.05 Sprint United Telephone-Florida has no objection to the vacation of the portions of the plats of Gator Gate and Gator Gate Unit Two. Date: Kenneth Jo[~.~as/I Network Engineer TELEPHONE: 941-,263-82B2 FAC SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, EA. Gene Howell Construction Manager Comcast Cable Post Office Box 413018 Naples, Florida 34101 a partnership of professional associations ATTORNEYS AT LAW April 12, 2001 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Re: Westport Commerce Center Trust/Gator Gate Plat Deal' Mr. ~ioweli' Enclosed, please find a copy of a letter of no objection which you signed on May 9, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. DW/mn Enclosure cc: Andrew Salum~ G:L&pps\WP5 l\Sahmn vacation o£eascment- letter I(~ Comcast- April 12, 2001 wpd 5221.05 Comcast Cable has no objection to the vacation oftbe portions of the plats of Gator Gate and Gator Gate Unit Two. Date: TELEPHONE: 941-263-8282 Gene Howell, Construction Manager JUL ~ ! 2001 FACS LE' 9~3-7611 SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. a partnership of professional associations ATTORNEYS AT LAW SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 April 12, 2001 Mrs. Linda Marszalkowski, Trustee 4651 Gulfshore Boulevard North, #t 504 Naples, Florida 34103 Re: Westport Conunerce Center Trust/Gator Gate Plat Dear Mrs. Marszalkowski' Enclosed, please find a copy of a letter of no objection which you signed on October 23, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. I)W/mn Ih~closm'c cc; Andrew Salmm G:\Apps\W P5 l\Salum~ vacation of easemenl- letter Io l,inda M a rsz,'dkowski- April 12, 2001 .wpd 5221.05 Mrs. Linda Marszaikowski, Trustee, has no objection/.to tlge~va/c:~tion of tDe portions of the Date', ~ Linda Mars~alko~ki, Trustee ' TEI,EI'} lONE: 941-263-8282 JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. SIESKY, PILON & WOOD partnership of professional associations ATTORNEYS AT LAW April 12, 2001 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mark S. Taylor, Senior V.P. Forest Glen Golf Development, LP 3185 Horseshoe Drive South Naples, Florida 34104 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Mr Taylor: Enclosed, please find a copy of a letter of no objection which you signed on October 19, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. i~Sincerel, oug as A. Wood DW/nm Enclosure cc: Andrew Saluan G:X. Apps\WP51\Saluan vacation of easement- letter to Forest Glen Golf: April 12, 2001 wpd 5221.05 Forest Glen Golf Development, LP, has no objection of Gator Gate and Gator Gate Unit Two. to the~atio ~~ortions of the plats TELEPHONE: 941-263-8282 ark S. Taylor, Senior V.P. .! JUL3!2001 ! / JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. SIESKY, PILON & WOOD a partnership of professional associations ATI'ORNEYS AT LAW April 12, 2001 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mr. Clyde Quinby, Trustee 3775 Airport Pulling Road North Naples, Florida 34105 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Clyde: Enclosed, please tind a copy o1' a letter ol' no objection which you signed on .lune 20, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Douglas A. Wood DWhnn Enclosure cc: Andrew Saluan G:~Apps\WP51 \SaluaJ~ vacalion of ~asemen~- letter to Clyde Qufl~by- April 12, 2001.wpd 522105 Mr. Clyde Quinby, Trustee, has no objection to the vacation ot' the portions of the plats of Gator Gate and Gator Gate Unit Two. Clyde Quinby, Trustee TELEPHONE: 941-263-8282 JUL 3 I 2001 JAMES A. PILON, EA. Board Certified Real Estate Attorney JAMES II. SIESKY, EA. DOUGLAS A. WOOD, EA. SIESKY, PILON & WOOD a partnership of professional associations ATrORNEYS AT LAW April 12, 2001 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 James E. Curry, Division President U.S. Homes 10491 Six Mile Cypress Parkway Fort Myers, Florida 33912 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Mr. Curry: Enclosed, please find a copy of a letter of no objection which you signed on July 5, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct lang-uage. Accordingly, I would appreciate it if you would sign the bottom of' this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Douglas A. Wood DW/rrm Ihtclosurc cc: Andrew Saluan G:'q~.pI~ WP5I\Sah!an vacafivn of~a*em~nt, letter to US Homes- ,~pfiJ 12, 2001.wpd 5221.05 Date: U.S. Homes, has no objection to the vacation of the portions of the plats of Gator Gate and Gator Gate Unit Two. "-.,.. JameS. Cur~, Division President JUL 3 I 2001 TELEPHONE: 94'1~263-8282 JAMES A. PILON, EA. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, P.A. SIESKY, PILON & WOOD a partnerslxip of professional associations ATTORNEYS AT LAW April 12, 2001 IIECEB/ED tlPt 1, 001 SUITE 201, THE FAIRWAY BUILDING 1000 TA.MIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mr. Thomas G. Eckerty, Trustee 12734 Kenwood Lane, Suite 89 Fort Myers, Florida 33907 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Mi-. Eckerty: Enclosed, please find a copy ol'a letter o1" no object,on which you s~gned on May 9, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Douglas A. Wood I )W/nm Enclosw:e Amh-ew Stdmm G:L~kpl>$\WP51\$ahlan vacation ofeaseulenl- letter to 'lhomas E~ke~y- April 12, 2001 wpd 522105 Mr. Thomas G. Eckerty, Tr,stee, has ,o objection to the w~cation of the portions of the plals of Gator Gate and Gator Gate Unit Two. Date: ,,/ TF.I .F,I'I lONE: q.l1.2~./1,14'2b12 JUL 3 1 2001 SIESKY, PILON & WOOD JAMES A. PILON, EA. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, EA. a partnership of professional associations ATTORNEYS AT LAW April 12, 2001 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mr. T. Walter Brashier Post Office Box 17859 Greenville, South Carolina 29606 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Mr. Brashier: Enclosed, please find a copy of a letter of no objection which you signed on May 23, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of "plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me or my legal assistant, Michelle Nicola. Douglas A. Wood l)W/mn Enclosure cc: Anchcw Salmln O:~.pps\WPSl\g~luan vacation of easement- le~er to W~r Br~l~er- Apffi 12, 200[.wpd 5221.05 Mr. T. Walter Brashier has no objection to the vacation of the portions of the plats of Gator Gate and Gator Gate Unit Two. c,,"T-. Walter BrUshier c. , TEI,EPHONE: 941-263-8282 JUL ' 1 2001 FAC'~31MI LE: 941-Z63-7611 SIESKY, PILON & WOOD JAMES A. P1LON, P.A. Board Certified Real Estate Attorney ]AMES H. SIESKY, P.A. DOUGLAS A. WOOD, EA. a partnership of professional associations ATFORNEYS AT LAW April 12, 2001 SUITE 201, THE FAIRWAY BUILDING 1000 TAMiAMI TRAIL NORTH NAPLES, FLORIDA 34102 Richard Shaw, President CEI Kensington Ltd. c/o Colonial Equities, Inc. 16200 Dallas Parkway, Suite 190 Dallas, Texas 75248 Re: Westport Commerce Center Trust/Gator Gate Plat Dear Mr. Shaw: Enclosed, please find a copy ora letter of no objection which you and Mr. Ruschman signed on May 8, 2000. Unfortunately, the Collier County Attorney's Office has rendered the letter of no objection as legally insufficient since it used the word "easement" instead of"plats of Gator Gate and Gator Gate Unit Two." Therefore, the language at the bottom of this letter has been revised to reflect the correct language. Accordingly, I would appreciate it if you would sign the bottom of this letter at your earliest convenience and forward it to my office using the enclosed envelope. Thank you for your prompt attention to this matter. Should you have any questions or concerns, please do not hesitate to contact the or my legal assistant, Michelle Nicola. Dotmlas A. Wood DWfilm Enclosure cc: Andrew Saluan O:\App.s\WP51\Sahnn vacation of easemenl- letler to CEI Ke,singtml- April 12, 2001 .wpd 5221.05 CEI Kensington Ltd., has no objection to the vacation of the portions of the plats of Gator Gate and Gator Gate Unit Two. Date: TEl ,El'! lONE: q41063 4~,282 Signature Pi'ilar Name and Title' i..) C... JUL 3 1 2001 [;ACSIMII,E: 9~1-263-7fll [ JUN-O1-2001 10:04 2002 Collier County.. Tax Collector 2000 Tax Roll Inquiry System OWNER INFORMATION Name: TR. ANDREW J Address: DOMESTIC AVE Address: Address: Address: Address; ~ALUE/EXEMPTIONS Taxble Value: 310500 FL 34t04-7058 TAX INFORMATION School St: Homestd Ex: School loc: Widow Ex: Blind Ex: Disal~led: Veteran Ex: Wholly Civilian Ex: Water: 1,615.46 Independ L,539.58 51,24 Gross Tax: 711.2o Advertising; PROPERTY INFORMATION 3~90120007 1:/.500 GATE UNIT 1 E'1/2 OF NLq./4, & PORT OF TR 1 & 2 LYG PAY TERMS 75 ,2O Recpt: Mach: 29 Paymt: 18,71:1.20 Mort: 0 STATUS INFO. Non Ad N Installment: Deferred: N Bankrupt:: N TDA=IIo IIR/w oF s858 goon' TO POB, sgOOFT £ ALG LI PARL TO S R)'~ OF S858 To w R/W LI OF S951, NgOO FT, WLY ~15 R/W OF CR~m TO POB, I rSS OR 1987 PG 149,7 .... Last Updated: 5/25/01 5:00pm http :/ /ww~. co llicrtax.com~ecordDctail.asp ?F o l i o ID=3 4 6 9012000 7 JUL31 2001 I I JUN-Ol-~001 10:0~ ~00~ P.0~×03 Collier County Tax Collector 2000 Tax Roll Inquiry System owNER INFORMATIGN- - ,1 'pROPERTY INFORMATION Parcel,1 34690~O000S Acre: Nama:llSALUAN Ta, ANDREW: * I I! Addres,:ll4ZT= ~ESTIC AVE [ I L=~:I as~ ~v~s BLV= I I ~,~:11~ ~ ~S~ e:!2 ~ N~ES, FL 34tO'tOSS ~ ~ TAX INFORMATION ~ ~PAY~ School St' $,~ 2] Millaae cod.:llo]o I ~J · I D"=II~4,?~'~" J Recpt:lJe6~2 A~,~:tlo I C~T=II".~ I ~.~:lrz~,~o.-- '~-~.":11° I ~ndeP~nd:ll:~.~ IMa~IIo.oo ,,IJ STATUS INFO. W,o,~'~;ll° ........ ' ~,o. I Civilian ~:jlOApp, ~,,~1~oo I A"~.~,~"~,II~.°"- '- :- ,I I TDA:IIo ~/-858 PG 770 COMMENTS Non Ad Valorem Amount-'li~'iuded in Gross Tax NON AD VALOREM INFORMATION ~mount ,14.20 EXTRA LEGAL INFORMATION Last Updated: 5125/01 5:00pm htm://www.collicrtax.com/P~cordDetail.a~°?F°1i0ID'~34690200008 JUL 3 1 2001 TOTQL P. 03 Mrs. Linda Marzalkowski, Trustee 4651 Gulfshore Boulevard North, #1504 Naples, Florida 34103 Forest Glen Golf Development, LP 3185 Horseshoe Drive South Naples, Florida 34104 Mr. Clyde Quinby, Trustee 3775 Airport Pulling Road North Naples, Florida 34105 U.S. Homes 10491 Six Mile Cypress Parkway Fort Myers, Florida 33912 Mr. Thomas G. Eckerty, Trustee 12734 Kenwood Lane, Suite 89 Fort Myers, Florida 33907 Mr. Walter T. Brashier Post Office Box 17859 Greenville, South Carolina 29606 CEI Kensington, Ltd. % Colonial Equities, Inc. 16200 Dallas Parkway, Suite 190 Dallas, Texas 75248 *** PLEASE SEE ATTACHED MARKED UP ASSESSOR' S MAP FOR PARCEL LOCATIONS. F:La~pps\WP5 ILqaluan vacation of e, asement- List of Abutting Ownera. wpd JUL 2001 EXECUTIVE SUMMARY ADOPT RESOLUTION DISTRICT NO. 7. TO DISBAND WATER MANAGEMENT OBJECTIVE: That the Board of County Commissioners adopt a Resolution to disband Water Management District No. 7 which has been inactive since the early 1980's and there are no plans to use this out-dated District. CONSIDERATION: District No. 7 was created in 1968 to address growth created water management problems that were occurring in the North Naples areas, iDistrict No. 7 was authorized by order of Circuit Court entered on August 12, 1968 in Case No. 68-155 (O.R. Book 282, Page 976 et. seq). Some of the proposed capital improvements have been completed by either County or Big Cypress Basin Board initiatives, however the majority of the proposed improvements have never been implemented. To the best of Staff's knowledge, all the projects completed to date have been financed by methods other than special assessments against this District. The fact that this Special Assessment District is recorded in the official records of the County is causing some unnecessary inconvenience to the general public. Calls are received by the Stormwater Management Staff several times a year from attorneys who are preparing property closings and title searches have shown that the parcels they are closing on are located within this District that may be subject to special assessments. In order to avoid this type of uncertainty as to the status of District No. 7, Staff is recommending that this District be officially disbanded. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the enclosed Resolution to thereby disband Water Management District No. 7, which has been dormant for many year~s. PREPARED BY: -./.,~----~; ,.- ~c. ~ f , Date: ~/'/00t ~ C. Adarmes Minor, P.E., Senior Engineer Stormwater Management Department REVIEWED BY: ~ ~ Date: i~hn H. B~5~'dt, P.E., P.S.M., Director S~~an?znt Dep artment REVIEWED BY: Date: ~7/..2 3 -~ N'orj/nan E. Feder, AICP, Administrator Tr0hsportation Division AGENDA ITEM JUL 3 1 2001 Pg... / RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA~ DISSOLVING WATER MANAGEMENT DISTRICT NUMBER SEVEN, PURSUANT TO CHAPTER 18g, FLORIDA STATUTES, SECTION 189.4043(1)(B); PROVIDING FOR THE TRANSFER OF ANY PROPERTY AND ASSETS OF THE DISTRICT TO COLLIER COUNTY; PROVIDING FOR THE ASSUMPTION OF ANY INDEBTEDNESS OF THE DISTRICT BY COLLIER COUNTY; PROVIDING THAT THE CLERK OF THE BOARD FORWARD A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1961, The Florida Legislature enacted into law Chapter 61- 2037 (House Bill No. 559), a Special Law of local application that authorized Collier County to establish water conservation districts by filing petitions in the Circuit Court of Florida, in and for Collier County, a 'Final Order Establishing and Confirming Collier County Water Management District Number Seven' was signed by Circuit Judge Harold S. Smith, on August 12, 1968, recorded in O.R. Book 282, page 976 through 980, inclusive; and WHEREAS, Water Management District Number Seven functioned for several years, but the purposes for which the District was established have been accomplished by other means, and water management projects within the geographic area of the District for many years have been financed by means other than utilization of the District; and WHEREAS, Water Management District Number Seven has no current or prospective function or use, owns ne assets, has no indebtedness or other _ obligations, and serves no public purpose; and WHEREAS, the boundaries of the District are recorded in the official records of Collier County and those records cause inconvenience to title examiners by raising questions whether parcels of land within the District may be subject to any special assessments imposed by the District; and WHEREAS, the Board of County Commissioners, to accommodate requests from real estate professionals, and realizing that Water Management District Number Seven serves no useful public purpose, and is no longer needed, hereby AGENDA ITEM : JUL 3 1 2001 - Pg._ 2. discontinues the existence of this District; and WHEREAS, the Florida Legislature has enacted Chapter 189, Florida Statutes, a general law regulating most types of Special Districts of Florida, including the subject District Number Seven; and WHEREAS, Subsection 189.4043(1)(b), Florida Statutes, provides that: "The charter of any existing special district may be revoked and the special district be dissolved by ... a resolution of the 8oveming body of the special district, a copy of which shall be filed within 30 days after the effective date of the dissolution with the Special District Information Program and the local general-purpose government within which the district is located.'; and WHEREAS, Subsection 189.4043(2), Florida Statutes, further provides that: *The provision of this section [189.4043] shall not apply to community development districts implemented pursuant to chapter 190, or to water management districts created and operated pursuant to chapter 373.'; and WHEREAS, in the context of Subsection 189.4043(3), Florida Statutes, Water Management District Number Seven is neither a 'Community Development District" nor a 'Water Management District' created or operated pursuant to Chapter 373, Florida Statutes; and WHEREAS, the County is in possession of a written opinion from Rosa M. Morgan, ^dministrator, State of Florida Department of Community Affairs, that she believes that Section 189.4043, Florida Statutes, authorizes the Board of County Commissioners to dissolve Water Management District Number Seven by Resolution of the Board of County Commissioners and that approval from the State of Florida is not required; and WHEREAS, it is the opinion of the County ^ttomey for Collier County that Water Management District Number Seven can be dissolved by this Resolution; and WHEREAS, Water Management District Number Seven is no longer active and has not been operated for several years; the District is dormant; and WHEREAS, a notice of this Resolution has been published once a week for four (4) consecutive weeks in a newspaper of general circula~l ~ AGENDA ITEM County and with the District, stating that the District is name~ 't ~lt~erl~.u.n~' J ,.~ JUL 3 1 2001 PC. Water Management District Number Seven', and that the District was organized and operated under Chapter 61-2037, Laws of Florida; each notice included a general description of the geographic area included within the District and specified that any objections to dissolution of the District be filed with the Water Management Department within sixty (60) days following the fourth publication of the advertised notice; and WHEREAS, sixty (60) days have passed following the fourth (4e) publication of the advertised notice and no objections to the published intention to dissolve the District have been received. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA~ that: SECTION ONE. DISSOLUTION OF DISTRICT. Collier County Water Management District Number Seven, established by a Final Order of Judge Harold S. Smith, dated August 12, 1968, pursuant to Chapter 61-2037, Laws of Florida, IS HEREBY DISSOLVED. .SECTION TWO. EFFECTIVE DATE OF DISSOLUTION. Dissolution of Water Management District Number Seven shall take effect immediately upon adoption of this Resolution. SECTION THREE. TRANSFER OF PROPERTY; ASSUMPTION OF INDEBTEDNESS. (a) Pursuant to Sub-section 189.4045(2), Florida Statutes, title to all property and assets, if any, owned by the District is hereby transferred to Collier County. (b) Pursuant to Section 189.4045(2), FlOrida Statutes, Collier County hereby assumes all indebtedness, if any, of Water Management District Number Seven. SECTION FOUR. RESOLUTION TO THE FLORIDA DEPARTMENT OF (~OMMUNITY AFFAIRS. The Clerk of the Board of County Commissioners shall forward a certifi~l copy of this Resolution to the Florida Department of Communi~¢ Al, u'r~-a~W~D-/~ ITEM JUL 3 1 2001 District Information Program, within thirty (30) days after the effective day of this Resolution. PASSED AND ADOPTED by majority vote favoring adoption this day of ,2001. A'rrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. By: Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney TCP/l~olutio~d0315 4 AGENDA ITEM JUL 3 1 ZOO1 Pg._ EXECUTIVE SUMMARY PETITION VA-2001-AR-848, SCOTT A. LINCOLN, P.E. FROM L.A. CIVIL ENGINEERING GROUP REPRESENTING MARATHON ASHLAND PETROLEUM, LLC. REQUESTING A 3.25-FOOT SIDE YARD VARIANCE FROM THE 40-FOOT REQUIRED SIDE YARD AND A 7.6-FOOT FRONT YARD VARIANCE FROM THE 50-FOOT REQUIRED FRONT YARD ESTABLISHED FOR AUTOMOBILE SERVICE STATIONS FOR THE RE-BUILDING OF AN EXISTING AUTOMOBILE SERVICE STATION FOR A PROPERTY LOCATED ON EAST SIDE OF TAMIAMI TRAIL EAST AT THE INTERSECTION OF TAMIAMI TRAIL EAST AND THOMASSON DRIVE IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for side and front yard variances in the "C-3" Commercial zoning district while maintaining the community's best interest. CONSIDERATIONS: The petitioner wants to demolish an existing Speedway gas station and rebuild a new facility. The existing building contains a 20-foot front yard setback along Tamiami Trail East and Thomasson Drive. The proposed building will comply with the front setback requirements along Tamiami trail; however, a small triangular shaped portion of the building (approximately 75 square feet) will encroach along Thomasson Drive. This encroachment is due to the irregular shape of the property. The new building will also encroach 3.25 feet on the west side into the side yard setback. The overall roofed areas and impervious areas will be reduced and the landscaping will be increased. In 1998 the Land Development Code was amended to require the automobile service stations to provide larger setbacks, specifically it requires 50-foot front yard and 40- foot side yard setback. FISCAL IMPACT: This request will have no fiscal impact. GROVVTH MANAGEMENT IMPACT: This request will have no Growth Management Impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. AG~ENDA ITEM NO. JUL 3 1 2001 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: An automobile service station is already in existence on this property. The existing building encroaches 30 feet into the required front setbacks along both roads. The proposed building will entirely remove one of the encroachments and will reduce the remaining encroachment to 7.6 feet. The second requested variance for the side yard is due to the fact that they will move the building back and encroach 3.25 feet into the side yard setback in order to remove the existing 30-foot front yard encroachment. The proposed redevelopment will bring the site much closer to the current zoning requirements for setbacks. Furthermore, the site will be re-landscaped to the current code. Therefore, staff recommended that the CCPC forward this petition to the BZA for a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not required to be heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed VA-2001-AR-848 on June 26, 2001 and by a unanimous vote recommended that the Board of Zoning Appeals approve this petition. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: ~R A Y. AICP~~~~'~''~-~ INTERIM CURRENT PLANNING MANAGER DATE 2 AGE NOA ITEM NO. ~ JUL 3 1 Z001 THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOh~ ... DATE ' INTI~RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 3 AGENOA ITEM ,. 3 1 2001 AGENDA ITEM 7-E TO: FROM DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT. & ENVIRONMENTAL SERVICES DIVISION May 25, 2001 PETITION VA-01-AR-848 AGENT/APPLICANT: Owner: Marathon Ashland Petroleum, LLC 354 South County Road 425, Suite 124 Longwood, FL. 32750 AGENT: Scott A. Lincoln, P.E. L.A. Civil Engineering Group 801 West Bay Drive Largo, FL. 33770 REQUESTED ACTION: The petitioner requests a 3.25-foot side yard variance from the 40-foot required side yard and a 7.6-foot front yard variance from the 50-foot required front yard established for automobile service stations for the re-building of an existing automobile service station. GEOGRAPHIC LOCATION: The subject property is located on east side of Tamiami Trail East at the intersection of Tamiami Trail East and Thomasson Drive in Section 13, Township 50 South, Range 25 east, Collier County Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wants to demolish an existing Speedway gas station and rebuild a new facility. The existing building contains a 20-foot front yard setback along Tamiami Trail AGENOA ITEM .. JUL- 1:1 '2001 East and Thomasson Ddve. The proposed building will comply with the front setback requirements along Tamiami trail; however, a small triangular shaped portion of the building (approximately 75 square feet) will encroach along Thomasson Drive. This encroachment is due to the irregular shape of the property. The new building will also encroach 3.25 feet on the west side into the side yard setback. The overall roofed areas and impervious areas will be reduced and the landscaping will be increased. In 1998 the Land Development Code was amended to require the automobile service stations to provide larger setbacks, specifically it requires 50-foot front yard and 40-foot side yard setback. SURROUNDING LAND USE AND ZONING: Subject property: Automobile Service station; zoned "C-3" Commercial Surrounding: North -Vacant, zoned "C-3' Commercial East -Tamiami Trail row, C-3 & C-4 parcels South -Vacant, zoned PUD West - Vacant, zoned "C,3" Commercial 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, a 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: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The lot in question is a conforming commercial lot; however, it is an irregularly shaped parcel, with frontage on both Thomasson Drive and U.S. 41. JU~3 1 ZOO1 ag fe 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? This is an irregularly shaped parcel. The existing building contains large encroachments on two sides of the property. The proposed building will contain much smaller encroachments than the existing building, thus reducing the non- conformity of the existing building. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? The irregular shape of the property combined with the required setbacks for automobile service station hinders the redevelopment of the property. 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. There is an existing automobile service station developed on the site. 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 front and side yards than what would be permitted for other automobile service stations. 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 approval of this request will not be 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 courses, etc.? AGENDA ITEM NO, No, there are no existing natural or physically induced conditions to reduce the impact of the requested variance. 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: An automobile service station is already in existence on this property. The existing building encroaches 30 feet into the required front setbacks along both roads. The proposed building will entirely remove one of the encroachments and will reduce the remaining encroachment to 7.6 feet. The second requested vadance for the side yard is due to the fact that they will move the building back and encroach 3.25 feet into the side yard setback in order to remove the existing 30-foot front yard encroachment. The proposed redevelopment will bring the site much closer to the current zoning requirements for setbacks. Furthermore, the site will be re- landscaped to the current code. Therefore, staff recommends that the CCPC forward this petition to the BZA for a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER REVIEWED BY: DATE INTERIM CURRENT PLANNING MANAGER DATE THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE AGENDA ITEM JUL 3 1Z001 APPROVED BY: JOH/i~ M. DUNNUCK III DATE INTE]RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition VA-2001-AR848. This petition has been tentatively scheduled for July 31, 01, BZA Public Hearing. ollier County Planr~ Co ,mmission: AGENDA ITEM JUL 3 17.001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER VA- 2001-AR-848, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Flor/da 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 7.6-foot variance from the required 50-foot front yard setback to 42.4 feet and a 3.25-foot variance from the required 40-foot rear yard setback to 36.75 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 oppommity 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 VA-2001-AR-848 filed by Scott A. Lincoln of L.A. Civil Engineering Group, Inc., representing Marathon Ashland Petroleum, with respect to the property hereinafter described as: Lots 43 and 44, Pineland-on-the-Trail, as recorded in Plat Book 3, Page 60, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 7.6-foot variance from the required 50-foot front yard setback to 42.4 feet and a 3.25-foot variance from the required 40-foot rear yard setback to 36.75 feet as shown on the attached plot plan, Exhibit "A", of the C-3 Zoning District wherein said propen'y is located, subject to the following conditions: AGENDA ITEM No. JUL3 1 ZOO1 BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR-848 be recorded in the minutes of this Board. This Resolution adopted aRer motion, second and majority vote. Done this __ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: l~/IaO ori~OM. Studen~ Assistant County Attorney G:/VA-2001-AR-848 ICBtcw JAMES D. CARTEK, Ph.D., CHAIRMAN -2- A~ENDA ITEM No. 3 1 2001 / EXHIBIT , .,' VA 2001-AR-B%8 AGENDA ITEM "' JUL 3 1 2'001 VARIANCE PETITION (VARIANCE FROM SETBACK (S) KEQUIRED FOR A PAKTICULAR ZONING DISTRICT) Petition No. Commission District: VA-2001-AR-848 Marathon Ashland Petroleum, LLC Date Petition Received: Project #2001040061 5/9/01 CHAHRAM BADAMTCHIAN Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Marathon Ashland Petroleum, LLC pefitioner, sAddress: 254 South County Road 427, Suite Longwood, Florida Telephone: 124 Agent's Name: Scott A. Lincoln, PE c/o LA Civil Agent's Address: 801 West Bay Drive, 4th Floor Largo, FL 33770 Telephone: (727) 518-6885 NO.AGENDA~. ITEM d 1 ~001 .°../.3 Application for Variance Petition - 8/98 Page 1 of 8 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNI31G 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 NA City State Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association: NA NA Mailing Address City City State __ Zip State Zip. Name of Master Association: Mailing Address NA City State. Zip Name of Civic Association: Mailing Address NA City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Pineland- Sllbdi~ision: on-the-Trail Unit Lot (s) 43 &44 Block (s) Section 13 Twp. 5 0 S Range 25 E Property I.D.# 67080680001 Metes & Bounds Description: ( See Attached ) AGENDA ITEM NO. ,, JUL 3 1 2001 Application for Variance Petition - 8/98 Page 2 of 8 Address of Subject Property: 4716 Tamiami Trail, Naples, FL (If di~crent ~om Petitioner's address) Current Zoning and Land use of Subject Parcel: c-3 Zoning w/ Commercial Land Use. Adjacent Zoning & Land Use: ZONING LAND USE N C-3 S PUD W C-3 & C-4 E C-3 Vacant Commercial Parcel Vacant Commercial Parcel Commercial Parcel(s) Vacant Commercial Parcel Minimum Yard Requirements for Subject Property: Fro~: 50 feet Corner Lot: Yes Side: 40 feet Waterfront Lot: Yes r'-] No ~-~ Re=: 40 feet Application for Variance Petition - 8/98 Ag~ENDA ITEM No. JUL 3 1 ZOO1 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce fi:ont setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The petitioner is proposing to raze and rebuild the existing Speedway Store No. 155 located at 4716 Tamiami Trail (US 41), Naples, Florida. The new state-of-the-art Speedway Convenience Store will be 3,830 SF and will include a "tee" shaped canopy with (12) fueling positions. The new facili_ty will represent Speedway's current marketing image and will better serve the traveling public. The project also includes a new underground storage tank system, new double- wide dumpster enclosure, signage, stormwater management system, parking and landscaping. The facility will be connected to central water and sewer. Due to the peculiar shape of the property, the petitioner is requesting reductions in the Thomasson Drive (front) setback from 50 feet to 42.4 feet and the western property_ line (rear) setback from 40 feet to 36.75 feet. The property_ ha~q been owned by Speedway SuperAmerica, LLC (f.k.a. Emro Marketing Company) since 1987. The Speedway No. 155 facility was constructed in 1989. Encroachment into the above-mentioned setbacks is necessary to rebuild the facility to 2001 standards. The encroachment is due to increased front and rear setbacks required by recent LDR changes for Convenience Store/Gas Station facilities. However, the applicant contends that the variances requested have been minimized to the greatest extent possible to achieve Speedway SuperAmerica re-development requirements. Application for Variance Petition - 8/98 AGENDA iTEM No. 3 1 Z001 Page 4 of 8 Please note that staff and the Collier County Planning Commission shall be guided_in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1- 8). (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. The petitioner's property_ is peculiar in shape due to its comer location at the skewed intersection of Tamiami Trail (US 41) and Thomasson Drive. The Thomasson Drive "side" of the property will be classified by Collier County as a "front", which results in a 50' setback rather than a 40' side setback. The rear 40' setback was increased from 25' due to recent code revisions for Convenience Store/Gas Station facilities. 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. (See explanation #1 above) o Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Literal interpretation of the Thomasson Drive "side" as a "front" causes application of more rigorous setback criteria. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare The applicant has minimized the request for setback variances to two (2) sides of the property_ for the rear building face and the southwest comer of the building only. The variance requests have been minimized and no adverse impacts to standards of health, AGENDA ITEM safety and welfare will result. ,o. .. JUL 3 1 ;'001 Application for Variance Petition - 8/98 Page of 8 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. The petitioner contends that no special privileges will be conferred as a result of the (2) minor setback variance requests. On the contrary_, the proposed improvements should result in a more compliant and aesthetically pleasing development than the existing facility. 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. Granting of the variance will allow the petitioner to redevelop the property in better accord with the current County Land Development Code requirements. Since the setback variances are minor, additional buffer planting, fencing, etc. can be provided to ensure neighborhood harmony. 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. No. However, redevelopment will allow the applicant to construct a more aesthetically pleasing facility with a new building landscaping, stormwater management system, signage, open space, environmentally compliant fueling systems and removal of a septic drain field. 8. Will granting the variance be consistent with the growth management plan. The applicant contends that the requested (2) setback variances are minor and do not cause any severe code relaxation which results in inconsistency with the management plan. Application for Variance Petition - 8/98 P~ ~ AGENDA ITEM "" ° 2001 e6of8 -- VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET*. RE Q UIREMENTS # o F COPIES REQUIRED 1. Completed Application 15 L~ 2. Completed Owner/Agent Affidavit, Notarized 1 ~ 3. Pre-application notes/minutes 15 L~ 4. Survey of property, showing the encroachment I ~ (measured in fee0 · 5. SitePlan depicting the following: '~ ~,.~ ,/,1/~ 15 a) AH property boundaries & dimensions b) All existing and proposed structures (labeled as such) ~/ c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major sweets in area for 1 reference 7, Pre-Application fee, APplicaton fee and Data. Conversion ... - . .~ fee, checks shall be made payable to Collier County Board~ l -- of Commissioners 8. Other Requirements - _ As the authorized agent/applicant for this p~etition, included in this submittal pac~e. I und}~t]m~at failure to result in the delay of pro~ I attest that all of the information indicated on this checldi~ is include all necessary submittal information may AGENDA ITEM JUL 3 1 2001 Application for Variance Petition - 8/98 Page 7 of 8 AFFIDAVIT John W. Kellicut, PE W~e~, c/o MAP, LLC beingfirst duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the' subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner }Ye/I further authorize Scott A. Lincoln,PE c/o LA Civiltoact as our/my representative in any matters regarding this Petition. Signature of Property Owner John W. Kellicut, PE c/o MAP, LLC Typed or prin~d Name of Owner (Parent Company of SSA, LLC (f.k.a. Emro Marketing Company)) Signature of Property Owner Typed or Printed Name of Own er The foregoing instrument was acknowledged before me this day of. 19 , by who is personally known to me or has produced as identification. State of Florida County of Collier Application for Variance Petition - 8198 (Print, Type, or Stamp Commis, Name of Notary Public) (Signature of Notary Public - State of Florida) '. .~GENDA ITEM 'lonegto. ___._. 123 12001 Page 8 of l Marketing & Transportation Engineering MARATHON ASHLAND F~troleum IIC 254 S. Coun~ Rd. 427,#124 Longwo~,FL32750 T~ephone 407/830-8484 FAX407/830-9891 April 26, 2001 Re: Letter of Authorization Engineering and Permitting To Whom It May Concern: This letter does hereby authorize Scott Lincoln and/or Stephen Allen of Lincoln Allen Civil Engineering Group, Inc. to act as our agent in an effort to secure all engineering approvals and permits necessary for the development and construction of Speedway Store No. 155 at 4716 E.Tamiami Trail in the City of Naples, Florida from all regulatory agencies, departments and personnel in the City of Naples, Collier County, Florida Department of Transportation, South Florida Water Management District, and Florida Department of Environmental Protection. Marathofi Ashland Petroleum, LLC (Parent Company for Speedway SuperAmerica LLC) County of c-'e~c~',,-,~ State of Florida I hereby certify that on this day, before me, the above, John Kellicut, did personally appear before me and executed the foregoing instrument, and acknowledgement that he executed the same. Witnesseth my hand and official seal in the county and state aforesaid, this Z~, day of April, 2001. 15$1tra-thor.jk .~.,~'~,_,. a~ol A. Henderson ~aommbslon dS (la 884336 "}"51,~.:' lt'~res 1~. 19.2002 AGENDA ITEId JUL 8 lZOOl LEGAL DESCRIPTION LOTS 43 AND 44 OF PINELAND-ON-THE-TRAIL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 60 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGENDA ITEM No. 1 ~001 LOCATION MAP SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AGENDA ITEM NO. , ,,, JUL 3 1 ~001 ADDRESSING CHECKLIST Please complete the following: Not all items will apply to every proieet Itorns in bold Wpe are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) See Attached Folio numbers (Property ID) of above (attach to, or associate with, legal description if more than one) 3. Street address or addresses (as applicable, if akeady assigned) ,./.~.716 Taraiarai Trail Naples, Florida 4. Location map, showing exact location ofprojecffsite in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) Speedway No. 0155 - Naples 7. Proposed Street names (if applicable) NW corner of Tamiami Trail and Thomasson Drive 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP - 9. Petition Type (indicate which is applicable): x SDP (Site Development Plan) ...... SDPA (SDP Amendment) __ SDPI (SDP Insubstantial Change) - ~ SIP (Site Improvement Plan) SIPA (SIP Amendment) Construction Plans/Plat ·. Land Use Petition (Variance, Conditional Use, Boat Dock Extension, etc.) Street Name Change (SN'P,) __. Blasting Permit Right-of-way P~rrnit Clearing,%~egetation Removal Permit Excavation Permit Other - Describe: 10. Project or development names proposed for, or already appearing in, condon~zium documents (if applicable; indicate whether proposed or existing) FOR STAFF USE ONLY Address Number ~ Approved by ~,xa~. Date x30 11. Applicant name John Kellicut Pho,e 407-830-8484Fax 407-830-8786 Signature on Addressing Checklist docs not constitute Project and Street Name approval and is subject to further review by the addressing section. ............................................................................................................................ -~a~VE. 0 0 0 0 0 0 0 -= AGENDA ITEM NO. JUL 8 1 ~001 SDP PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: "~./, ! qy ~"?I Time: Meeting Attendees: SUBMITTAL REQUIREMENTS: 12 copies of the following: (1 additional set if Architectural Review is required) (1 additional set if it is located in Pelican Bay Services District and , Architectural Review is required) E]/~Site Development Plan per Division 3.3 (signed & sealed) a DP application (completed & signed) ndscape & irrigation plans (signed & sealed) ........................ ' ative vegetation retention/mitigation plan (per Section 3.9.5.5.4).,,~, "'"' '"~-" Urrent aerial photo aled' //~'¢ oundary & topographic survey (1 of 11 signed & se ) ' . I~'Building elevation with dimensions & floor plans Ii'Deed or contract for sale ~{~['~DP pre-application meeting notes I~Cover letter briefly explaining the project 6 c~pies of the following for commercial development: I~'Architectural plans, including I color rendering (signed & sealed) Plus the following copies: [] .2~ Unified Sign Plan ~.o^ ,'r~ [~.2 SFWMD permit, permit modification, or waiver "~" .... G~ Utility letters of availability tUlLe [] I DEP utility installation permits (water/se .wer) 3 ~. ~001 ~1 Certificate of Adequate Public Facilities [] 1 Excavation permit application E]-'l?Right-of-Way permit application ~¢~un~~.__OT.~) ._..,,, [] 1 Other required permits: [] 2 Fire Flow Test from Fire Department NOTES: , Fe . ~$7'50.00 SDP review plus $25 per structure plus (non-residential) $0.03 per square foot ~.,~,.., ........ , $1 50.00 Site clearing (first acre or fraction thereof) plus $50.00 for each additional acre or fraction ($1,500.00 maximum) [] Right-of-way Permit - contact Engineering Review for fee [] $1,000.00 SDP Amendment review [] $300.00 SDP review fee for the third & subsequent reviews [] $100.00 SDP Insubstantial Change review for first sheet ($50.00 each additional sheet) [] $250.00 SDP Conceptual review [] Utility Plan Review & Inspection: Construction document review - 0.50% of probable water/sewer construction costs Construction inspection - 1.50% of probable water/sewer construction costs Coristruction document resubmissioe or modification - insubstantial change ($100.00 for first sheet- $50.00 for each additional sheet) B~50.00 per phase - Additional review for phased construction of SDP/SIP B'~25 Fire review ~$25 Data Conversion Fee ($15 for SDP amendments) ~ $750 SIP review ' $300 Pre-Application Fee (to be credited toward application fee upon submittal) res required on the SDP: Exotic vegetation as defined by the Collier Coun~ Land Development Code shall be moved from the site and subsequent annual exotic removal (in perpetuity) shall be the ponsibili~ of the properly owner. he review and approval of Improvement Plans does not authorize the construction of uired improvements, which are inconsistent with existing easements of record. he prope~y owner is responsible for replacement of all dead landscape material and the maintenance of the required irrigation system. 2 AGENDA ITEM JUL 3 1 Z001 EXECUTIVE SUMMARY PETITION VA-2001-AR-814, MCANLY ENGINEERING AND DESIGN, INC. REPRESENTING GULF COAST DEVELOPMENT GROUP, LLC. REQUESTING A 10-FOOT VARIANCE FROM THE 25-FOOT REAR YARD REQUIREMENT FOR COMMERCIAL PROPERTIES WHEN ABUTTING A RESIDENTIAL PROPERTY, TO 15 FEET FOR A PROPERTY LOCATED ON EAST SIDE OF TAMIAMI TRAIL NORTH APPROXIMATELY ONE HALF MILE NORTH OF TAMIAMI TRAIL AND OLD US-41 INTERSECTION IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a rear yard variance in the "C-3" Commercial zoning district while maintaining the community's best interest. CONSIDERATIONS: The petitioner wants to develop a business park on a 9.63-acre parcel zoned C-3 commercial. The Collier County Land Development Code requires a 15-foot rear setback in the C-3 commercial district; however, this setback is increased to 25 feet when abutting a residentially zoned property. The applicant is requesting to build two of the proposed buildings adjacent to the Meadow Brook Estates residential development with a 15-foot rear yard setback. The two buildings in question will be adjacent to a 14-acre preserve tract on the Meadow Brook Estate PUD. The closest residential structure on the neighboring property will be at least 350 feet from the proposed buildings. FISCAL IMPACT: This request will have no fiscal impact. GROWTH MANAGEMENT IMPACT: This request will have no Growth Management Impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. 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. AGENDA ITEM JUL 3 1 2001 PLANNING SERVICES STAFF RECOMMENDATION: The Land Development Code requires a larger setback for commercial properties abutting residential parcels to protect the residential developments from the noise and other negative impacts of the commercial district and to provide an area wide enough to create a visual buffer between the two uses. In this case, due to the existence of a 14 acre preserve, the additional 10-feet of rear yard setback will not have any measurable impact for the residential uses on the adjacent property. Therefore, staff recommends that the CCPC forward this petition to the BZA with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not required to be heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed VA-2001-AR-814 on June 26, 2001 and by a unanimous vote recommended that the Board of Zoning Appeals approve this petition. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER REVIEWED BY: THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE ~VED BY: ~ JOl--I~ M. DU III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 2 AGENDA ITEM NO. JUL 3 1 2001 pg.. 4 , ,, AGENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: May 24, 2001 RE: PETITION VA-01 -AR-814 AGENT/APPLICANT: Owner: Gulf Coast Development Group, L.L.C. 4255 Gulf Shore Boulevard Suite 1103 Naples, FL. 34103 AGENT: McAnly Engineering and Design, Inc. 5435 Park Central Court Naples, FL. 34109 REQUESTED ACTION: The petitioner requests a 10-foot variance from the 25-foot rear yard requirement for abutting a residential property, to 15 feet. GEOGRAPHIC LOCATION: The subject property is located on east side of Tamiami Trail North approximately one half mile north of Tamiami Trail and Old US-41 intersection in Section 9, Township 48 South, Range 25 east, Collier County Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wants to develop a business park on a 9.63-acre parcel zoned C-3 commercial. The Collier County Land Development Code requires a 15-foot rear setback in the C-3 commercial district; however, this setback is increased to 25 feet when abutting a residentially zoned property. The applicant is requesting to build two of AGENOA ITEM NO. JUL 3 1 Z001 the proposed buildings adjacent to the Meadow Brook Estates residential development with a 15-foot rear yard setback. The two buildings in question will be adjacent to a 14- acre preserve tract on the Meadow Brook Estate PUD. The closest residential structure on the neighboring property will be at least 350 feet from the proposed buildings. SURROUNDING LAND USE AND ZONING: Subject property: Vacant property; zoned "C-3" Commercial Intermediate Surrounding: North -Vacant, zoned "A" Agricultural East -Tamiami Trail row, residential zoned "PUD" South -Vacant, zoned "C-4" Commercial General West - Conservation tract, zoned PUD (Meadow Brook Estate) 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, a 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: 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 commercial lot. 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 a retail or business complex without a variance. There are no special conditions relative to this property. AGENOA ITEM No. JUL 3 1 2001 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 be10 feet more than the required setback in the C-3 commercial zoning district. dm 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 vadance 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 commercial properties abutting residential properties. fm 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 approval of this request will not be 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 courses, etc.? Yes, this lot is adjacent to a large preserve tract and is separated from any residential structure by at least a 350 foot of heavily vegetated buffer. hm Will granting the variance be consistent with the Growth Management Plan? Approval of this variance wiil not affect or change the requirements of the Growth Management Plan. AGENOA ITEM Ne. JUL 3 1 Z001 STAFF RECOMMENDATION: The Land Development Code requires a larger setback for commercial properties abutting residential parcels to protect the residential developments from the noise and other negative impacts of the commercial district and to provide an area wide enough to create a visual buffer between the two uses. In this case, due to the existence of a 14 acre preserve, the additional 10-feet of rear yard setback will not have any measurable impact for the residential uses on the adjacent property. Therefore, staff recommends that the CCPC forward this petition to the BZA with a recommendation for approval. PREPARED BY: CI~AHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: USAN MURRAY, INTER PLANNI~ IG MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOHl~/I. DUNN-UCK III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition VA-2001-AR814. This petition has been tentatively scheduled for July 31,01, BZA Public Hearing. ollier County Plan~mmission: t, CH/~IRMAN AGENDA ITEM Ne. JUL 3 1 2001 RESOLUTION NO. 01- RELATING TO PETITION NUMBER VA- 2001-AR-814, 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 10 -foot variance from the required rear yard setback of 25 feet to 15 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 VA-2001-AR-814 filed by McAnly Engineering and Design, Inc., representing Gulf Coast Development Group, L.L.C., with respect to the property hereinai~er described as: Exhibit "B" be and the same hereby is approved for a 1 O-foot variance from the required side yard setback of 25 feet to 15 feet as shown on the attached plot plan, Exhibit "A", of the "C-3" Zoning District wherein said property is located. -3.- 'A~IENOA ITEM JUL $12001 BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR-814 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this. day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLOR]DA Approved as to Form and Legal Sufficiency: Marjori~ M. Student Assistant County Attorney CB/~ JAMES D. CARTER, Ph.D., CHAIRMAN -2- AGENDA ITEM JUL 31 ZOO1 TAI~A~ ~QUARE LLC TAI~A~ SQUARE ~'BACK EXI.~JT (S31¥1S3 >100~1~ MOa¥3~) 00d EXHIBIT "A" VA-2001-AR-814 McAI~Y ENDING 1 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) VA-2001-AR-814 TAMIAMI SQUARE OFFICE PARK PROJECT #19990872 5/3/01 Date Petition Received: Plarmer Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Gulf Coast Development Group, L.L.C. 4255 Gulf Shore Blvd. N. Suite 1103 Naples, FL 34103 Telephone: 941-304-0990 Agent's Name: Agent's Address: McAnly Enq}neering and Design, Inc. 5435 Park Central Court Naples, FL 34109 Telephone: 941-593-3299 Application for Variance Petition - 8/98 Page 1 of 8 AGENDA ITEM Ne,._ , -- JUL 3 1 ZOO' COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address N/A City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address 4235 Gulf Shore Blvd. Square Condomin'inm Assoc~at'[on .. City Naples State FL Zip 341.0._,3_ Name of Civic Association: N/A Mailing Address PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Section 9 Twp. 48S Range City State __ Zip 25E tot (s) Proper~y I.D. # AGI=NDA ITEM' Ne. JdL I ZOO1 Block (,) Pg.:-."[ /~ 00143080000 Metes & Bounds Description: or 1297 tx]. 601. That part of N~ of SE% of lying E of US-41, Application for Variance Pelition - 8~98 Page 2 of 8 Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: C-3, Undeveloped Adjacent Zoning & Land Use: ZONING C-4 LAND USE N S W E PUD PUD Undeveloped Undeveloped Meadow Brook Estates The Retreat Minimum Yard Requirements for Subject Property: Front: 25 ' Corner Lot: Yes [~] No [~] Side: 15' Waterfront Lot: Yes [~] No [] Rear: 15' Application for Variance Petition - 8/98 AGENDA ITEM JUL 3 1 2001 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce 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. Within the C-3 district the typical rear yard setback is 15't however when a yard is abutting a residential parcel the setback is 25'. The Tamiami Square projects easterly boundary is adjacent to Meadow Brook Estates PUD which incorporates several distinct parcels. The Tamiami Square project is immediately adjacent to a large (14+/- acres) preserve. The code is unclear as to the definition of a "residential parcel" because we feel the project is adjacent to a Preservation Parcel we are requesting to use the typical 15' rear yard setback. AGENDA iTEM JL L $ i OOl Application for Variance Petition - 8/98 Page 4 of 8 Please note that staffand the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, smacture, or building involved. Yes, althouqh the project is adjacent to a residential PUD, the land use immediately adjacent is a larqe 14 +/- acre preservation parcel. 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 Wilt a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, all plans have been completed for this proi~ct based on a rear yard setback of 15', also economic hardship will result due to a loss of buildinq square footaqe. Will the variance, ifgranted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards ofh[alth, safety or welfare. Yes AGENOA ITEM No, JUL 3 1 001 Application for Variance Petition - 8/98 Page 5 of 8 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. No 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. Yes, because of the size of the adjacent pres~rv~ no parcel will be affected. Are therenatuxalconditionsorphysically inducedcon~fions that ameliorate ~egoalsand o~ecfivesoftheregulafionsuchasnamralprese~es, lakes, golfcourse, etc. Yest the larqe natural preserve immediately to ~he east of the setback in question. 8. Will granting the variance be consistent with the growth management plan. Yes , ' APPlication for Variance Petition - 8/98 Page 6 of 8 AGENDA ITEM NO. ~ JUL 3 1 001 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMENTS # o F COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 --- 4. Survey of property, showing the encroachment 1 V/' (measured in feet) - 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Applicaton fee and Data Conversion - fee, checks shall be made payable to Collier County Board of Commissioners .... 8. Other Requirements - _qo~.~o r~r ~ InCo .... - 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. 1 understand that failure to include all necessary submittal information may result in the delay of processing of this petition. ~, Apphcant/Agent Signature Application for Variance Petition - 8/98 Page 7 AGENOA ITEM No. JUL .3 1 2001 A FFIDA FIT We/I, ~~2 /o/ ~ //~rr~/) ~)/' being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made apart of this application, are honest and true to the best of our knowledge and belief We/I understand that the information' requested on this application must be complete .and acCUrate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize //~/~,,//~ ~ql~e~'r//~r~ to act ax our/my representative in any matters regarding this IJetition.~' -/ Signature of Property /Owne/r ' Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner &T~e f. oregoing inst. rument was acknowledged before me this ,~ q ~,~ day of fl DI ~9o I., by ~era IA ~cl]~r~~ who is_personally ~o..~v~ 70 me ?r has'br, ~ ide~tification. as ~ AGENDA iTEM 'duceY' JUL 3 1 ZOO1 (Signature of Notary Public - State oj Florida,) (Print, Type, or Stamp Commiss~ned Name of { OF~ -rage o State of Florida County of Collier Application for Variance Petition - 8/98 EXECUTIVE SUMMARY PETITION SNR 2001-AR-1017, COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION, REPRESENTING COLLIER COUNTY, REQUESTING A STREET NAME CHANGE FOR THE PROPOSED EXTENSION OF LIVINGSTON ROAD FROM LIVINGSTON ROAD TO LIVINGSTON PARKWAY, LOCATED IN SECTIONS 1, 12, 13, 24, 25 AND 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND IN SECTIONS 12, 13, 24, 25 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To have the Board of County Commissioners render a decision on the requested renaming of a street from Livingston Road to Livingston Parkway. CONSIDERATIONS: The Petitioner is requesting that the proposed extension of Livingston Road from Radio Road to the Lee County Line be renamed Livingston Parkway. The propose change would reduce the possibility of confusion between the new extension and the existing Livingston Road North and South for emergency services personnel and residents currently addressed off Livingston Road North and South. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. AGENDA ITEM No. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2001-AR-1017, changing the name of the proposed extension of Livingston Road to Livingston Parkway. PREPARED BY: CURRENT PLANNING REVIEWED BY: ~'SUSAN MURRAY, AICP, CURRENT PLANNING MANAGER / DATE THOMAS E. KUCK, P.E., INTERIM PLANNING SERVICES DIRECTOR DATE PROV \ Y: JOl~ M. DUNNUCK, III, INTERIM ADMINISTRATOR CO~IlMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE SNR-2001-AR-1017 AGENDA ITEM NO. LEE COUNTY { __ __ ~ LEE COUNTY j --,,,.,T..~,...--:,.,,~ ~ ' ~ U 1 200 RESOLUTION NO. 01-__ RESOLUTION RENAMING THE PROPOSED EXTENSION OF LIVINGSTON ROAD TO LIVINGSTON PARKWAY WHICH STREET IS LOCATED IN SECTIONS 1, 12, 13, 24, 25 AND 36, TOWNSHIP 25 SOUTH, RANGE 49 EAST, AND IN SECTIONS 12, 13, 24, 25 AND 36, TOWNSHIP 25 SOUTH, RANGE 48 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of the proposed extension of Livingston Road to Livingston Parkway. This street is located in Sections l, 12, 13, 24, 25 and 36, Township 25 South, Range 49 East, and in Sections 12, 13, 24 25 and 36, Township 25 South, Range 48 East, Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE 1T RESOLVED BY the Board of County Commissioners of Collier County, Florida, that: The name of this street is hereby changed from Livingston Road to Livingston Parkway and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this __day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BR.OCK, Clerk BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form Patrick G. White Assistant County Attorney R G/Io/SNR -2001 -AR - 1017 AGENDA ITEM No. JUL 3 1 ZOO1 SNR-200'I-AR-1017 LIVINGSTON PARKWAY PROJECT #2001060018 DATE: 6/21/01 ROSS GOCHENAUR APPLICATION FOR STREET NAME CHANGE DATE: AGENT'S NAME: Collier County Development Servic~lephoneNo. 403-2482 AGENT'S FfRM: Collier County/Addressing Fax No. 659-5724 AGENT'S ADDRESS: 2800 North Horseshoe Drive PETITIONER'S NAME: Collier County/Addressinq Telephone No. PETITIONER'S ADDRESS: 2800 North Horseshoe Drive 403-2482 COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. ( Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address" City State __ Zip City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City '". State ~ Zip COMMUNlqE( DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 4092300, FAX (941) 643-6968 Al~tJon for Strtet Nnsme C~ - 1 I/t)S AGENDA ITEM NO. JUL 3 1 7001 ~'ROPOSED CHANGE: CURRENTNAMEOFSTREET: None - A Part of Livingston Road and Proposed Branch of Livingston Road PROPOSED STREET NAME: Livinqston Parkway STREETIN QUESTIONIS: [] public, or ~pnvate Re.on ~rproposedchange: Existing Livingston Road North of Tract 1 in Golden Gate Estates Unit 35 to Daniels Road will r~maln *-!vin~ten R~ad North and South. This Will enable the residences currently addressed off this segment of roadway to keep their existing addresses. The new proposed branch of Livingston Road from Radio Road to tb~ 1.~, On,,-~¥ Line will be named Livingston Parkway. This will cause less confusion for emergency response and for residents who are currentl~ addressed off Livingston Road North and South. Approximate length of street: 11 miles Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: Applicant [] does, or [] does not, agree to pay cost of street sign replacement (approx. $100.00 ~ sign ) for Sirra Nam Clma~- !1/~ ,ubl ? JUL fi 2001 EXECUTIVE SUMMARY AN ORDINANCE CREATING THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 0.5 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE VANDERBILT BEACH BEAUTIFICATION ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR OFFICERS OF THE ADVISORY. COMMITTEE; QUORUM; RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: That the Board adopt an Ordinance creating a Municipal Services Taxing Unit (MSTU) for the purpose of providing maintenance and operational funding for the existing landscaping improvements along the west side of Vanderbilt Drive from Vanderbilt Beach Road to 11 lth Avenue and for future area-wide improvement projects. CONSIDERATIONS: On April 24, 2001, the Board approved agenda item 16(B)(12) directing staff to go forward with creation of an MSTU for maintenance and funding for existing landscaping improvements along the west side of Vanderbilt Drive as noted above. To that end, staff prepared the attached Ordinance, which was reviewed and approved by the County Attorney's Office. FISCAL IMPACT: There is no fiscal impact at this time, however, if the Board adopts the attached Ordinance, staff will include the required amount in the FY 2002-03 budget request. Annual maintenance and administrative costs are estimated at $80,000. A 0.5 mill cap will be sufficient to fund this MSTU if created. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Beautification MSTU. SUBMITTED BY: 514arqu_ita M~ng' CI,~'d~I.~ APPROVED BY: E~ Kan~)ortation//, ~ ~~ OperatiOns Director N~rm~ E. Fec~er,)"AICP, Transportation Administrator / That the Board adopt an Ordinance creating the Vanderbilt Beach DATE: 5/24/01 D ~ 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 ORDINANCE NO. 2001- AN ORDINANCE CREATING THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHOR/TY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 0.5 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE VANDERBILT BEACH BEAUTIFICATION ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE; QUORUM; RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Vanderbilt Drive between Vanderbilt Beach Road and Bluebill Avenue has been improved with the addition of landscaping and a sidewalk; and WHEREAS, the County has received inquiries from the Vanderbilt Beach Propoerty Owners' Association (VB?OA) relating to the maintenance of the aforesaid improvements; and WHEREAS, the VBPOA has also inquired about the potential for future improvements within the Vanderbilt Beach area; and WHEREAS, the Qanderbilt Beach area does not otherwise qualify for "Gateway" or "Arterial" status and, therefore, there is little oppommity for public funding of additional . landscape or other improvements in the future; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the maintenance of existing improvements and for funding any desired future improvements within the area known as the Vanderbilt Beach area is by the creation of the Vanderbilt Beach Beautification Municipal Service Taxing Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority This Ordinance is adopted pursuant to the provisions of Che.~t~ !25,~_~'2.t_or 16'i and I AL:3,1r. NDAJTg::~4 "~ ~ / NO.-,. ~, % . Chapter 200, Florida Statutes, and other applicable provisions oflaw.~ '~ · ' 312001 1 SECTION TWO. Creation of the Municipal Service Taxing Unit 2 3 There is hereby created and established thc Vanderbilt Beach Beautification Muaicipal 4 Service Taxing Unit, hereinafter referred to as "MSTU". The boundaries of the MSTU are as 5 described on the attached Exhibit "A" that is incorporated herein by reference. 6 SECTION THREE. Purpose and Governing Body 7 The MSTU is created for the purpose of: (I) Providing curbing, watering facilities, 8 plantings and maintenance of the median strips and fight-of-way edges of roadways within the 9 MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the 10 MSTU; and (3) Beautification and maintenance of other public areas within the MSTU as 11 determined by the Advisory Committee. The governing body of the MSTU shall be the Board of 12 County Commissioners of Collier County, Florida. I3 SECTION FOUR. Funding and Le~y of Taxes 14 For the purpose of implementing this Ordinance, the Board of County Commissioners 15 shall annually, at the time required by general budgetary law, make an itemized estimate of the 16 amount of money required to carry out the business of the MSTU for the next fiscal year, which 17 shall be from October 1 'to and including September 30 following. The estimate shall describe 18 the purpose for which the moneys are required and the amount necessary to be raised by taxation 19 within the MSTU. At the time and place for fixing the annual rate of taxation for County 20 purposes, the Board of County Commissioners shall fix and cause to be levied on all properties 21 within the MSTU, subject to taxation, a millage rate not to exceed 0.5 mils per year. 22 SECTION FIVE. Tax Assessment and Collection 23 Taxes herein provided for shall be assessed and collected in the same manner and form as 24 provided for the assessment and collection of general County taxes and subject to the same fees 25 for assessing and collecting as general County taxes. 26 SECTION SIX. Creation of the Vanderbilt Beach Beautification Advisory 27 Committee; Appointment and Composition 28 29 A. There is hereby created and established the Vanderbilt Beach Beautification Advisory 30 Committee, hereinafter referred to as the "Committee". 31 B. The Committee shall consist of five (5) members that generally represent the area within the 32 MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the 33 Board of County Commissioners. Said members shall be permane ~ ' ' _ 1 MSTU and electors of Collier County. The Board of County Commissioners shall consider 2 appointment of members from different subdivisions or communities within the MSTU. 3 C. Appointment of members to the Committee shall be by resolution of the Board of County 4 Commissioners, which resolution shall set forth the date of appointment and the term of 5 office. 6 D. Members of the Committee shall serve without compensation, but shall be entitled to receive 7 reimbursement for expenses reasonably incurred in the performance of their duties upon prior 8 approval of the Board of County Commissioners. 9 SECTION SEVEN. Terms of Office of the Advisory Committee 10 The initial terms of office of the Committee shall be as follows: 11 A. Two (2) members shall be appointed for a term of two (2) years. 12 B. Two (2) members shall be appointed for a term of three (3) years. 13 C. One (1) member shall be appointed for a term of four (4) years. 14 Thereafter, each appointment or reappointment shall be for a term of four (4) years. 15 Appointments to fill any vacancies on the Committee shall be for the remainder of the 16 unexpired term of office. 17 SECTION EIGHT. Officers of the Advisory Committee; Quorum; Rules of 18 l~rocedure 19 20 A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice 21 chairman from among the members. Officer's terms shall be for one (1) year, with eligibility 22 for re-election. 23 B. The presence of three (3) or more members shall constitute a quorum of the Committee 24 necessary to take action and transact business. 25 C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for 26 the transaction of business and shall keep a written record of meetings, resolutions, findings 27 and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall 28 be submitted to the Board of County Commissioners. 29 D. Committee member attendance requirements, including failure to attend meetings and 30 member removal from office are governed by Ordinance No. 86-41, as amended, or by its 31 32 33 34 Successor Ordinance. Page 3 of 6 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SECTION NINE. Functions, Powers and Duties of the Advisory Committee The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1 of each year, meet with the County Manager or his designee and outline to the County Manager or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and, upon approval by the Committee, be transmitted through the County Manager or his designee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1 of each year, the County Manager or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Manager or his designee in accordance with the adopted budget or budget amendments that may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Said work may be performed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. SECTION TEN. Duties of the County Manager or His Designee The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the aunual budget in accordance with Section Nine, Paragraph B, above. AGEND~ Page 4 of 6 1 C. To provide periodic written reports to the Committee, and the Board of County 2 Commissioners of the activities of the MSTU and its fmances in accordance with established 3 guidehnes of the Board of County Commissioners and/or the Committee. 4 D. Attend all Committee meetings. 5 SECTION ELEVEN. Review Process 6 This Advisory Committee shall be reviewed once every four (4) years commencing 2004, 7 in accordance with the procedttres contained in Collier County Ordinance No. 8641, as 8 amended, or its successor Ordinances. 9 SECTION TWELVE. Conflict and Severability 10 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 11 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 12 phrase or portion of this Ordinance invalid or 'unconstitutional, such portion shall be deemed a 13 separate, distinct and independent provision and such holding shall not affect the validity of the 14 remaining portion. 15 SECTION THIRTEEN. Inclusion in the Code of Laws and Ordinances 16 The provisions of this Ordinance shall become and be made a part of the Code of Laws 17 and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or 18 re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," 19 or any other appropriate word. 20 SECTION FOURTEEN. Effective Date 21 This Ordinance shall be effective upon filing with the Flor/da Department of State. 22 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 23 County, Florida this __ day of ,2001. 24 25 26 27 28 By:. 29 30 31 32 33 34 35 36 37 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., Chairman Approved as to form and Legal sufficiency: HeidiF. Ashton Assistant County Attorney Page 5 of 6 A®ENDAJT?_-'M 2001 Exhibit "A" All of that property lying westerly of the centerline of Vanderbilt Drive from Vanderbilt Beach Road north to the centerline of the Little Horse Pass Bridge (Collier County Bridge No. 030177); thence, westerly along the meander line of the Cocohatchee River until it meets the Gulf of Mexico. Said lands being more fully depicted on the drawing below: EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES OBJECTIVE: For the Board to review and consider a petition for the establishment of the Pine Air Lakes Community Development District (CDD or District) by County Ordinance. CONSIDERATIONS: On May 17, 2001, Airport Road Limited Partnership filed a petition with the Community Development and Environmental Services Division for the establishment of the Pine Air Lakes CDD. The County's required $15,000 application fee was submitted with the petition. The proposed Pine Air Lakes CDD comprises approximately 150 contiguous acres. A map showing the location of the land area to be serviced by the District appears as Exhibit "Al" to the petition. The proposed land area to be served by the District is being developed by the Petitioner as a community development project (commercial only) which as currently proposed, and subject to change, will consist ultimately of approximately 250,000 square feet of office and 707,000 square feet of general commercial development. As background, on the date of advertising for the establishment of this CDD, the permitting and planning status of the land comprising the proposed CDD is that a DRI Development Order and PUD have been approved and issued by the County. Retail developments, consisting of Lowes, Costco, and the Regal Movie Theaters, have been developed. Each of those development entities has consented to the formation of the CDD. Further, a large portion of the infrastructure for this commercial development was originally planned as part of the Pine Ridge Industrial Park Municipal Services Taxing and Benefit Unit (MSTBU) established by the County. Due to logistical problems, the County and developer agreed (in order to not delay the funding of the Pine Ridge Industrial MSTBU) that the parcel would not be an assessable parcel at that time. The developer has shown evidence, however, that it was always its intent to construct certain infrastructure on a benefit assessment basis. Adopting the ordinance and granting the petition would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners of the CDD. This infrastructure, under Section 190.012(1 ), Florida Statutes, includes basic types of systems, facilities, and services: roads, streetlights, water control and management (drainage), water supply and sewers and wastewater management. When established, the District's Board of Supervisors is initially designated and then within 90 days elected on a property-based vote (one-acre, one-vote) by land the owners of the District. This process has been specifically ruled constitutional. State of Florida v. Frontier Ac res ~mu¢l~ Development Dist., 472 So.2d 455 (Fla. 1985). In order to provide the basic systems, facilities, and services, the District has cert~ and financing powers. It may only exercise those powers, however, if they comply ~ and detailed procedural requirements including ethics in government, disclosure, c n 4th certain strict ~nfliq~._f interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiations procedures, competitive bidding procedures, and other controls. Even with compliance with these many procedural requirements, the District may not manage and finance any of these services and facilities without a showing that all legitimate policies, constraints, authorities, controls, permits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the property. The District will not be used for any purposes other than those consistent with the authority to operate the CDD, because the District is not a "development." Rather, it is a mechanism to assure the County and the landowners of the CDD that it will be managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the district, in the general statute itself, may be amended only by the Legislature. In order to provide these systems, facilities, and services, the District also is given certain eminent domain powers, within very tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long- term maintenance and repair. Without the County's consent by resolution, which is not being requested, the aforementioned eminent domain power is limited to the boundaries of the District. There is no need for, or current contemplation of, eminent domain for this project. The DiStrict may also issue revenue bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without a showing that it will not exceed 35 percent of'the assessed valuation of the property within the District. Since this is a commercial-only CDD, no general obligation bonds are contemplated, but revenue and other user bonds are a viable option. Accordingly, if Collier County adopts the ordinance, it establishes the Pine Air Lakes Community Development District, which is a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District would be a financing tool, separate and apart from the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County. Finally, such a District is not permitted to outlive its practical utility and usefulness. If it ceases to function it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. Section 190.005, Florida Statutes provides that the exclusive and uniform method fl of a CDD of less than 1000 acres shall be by county ordinance. Section 190.005,1 outlines the specific content required in the petition and further outlines six (6) fact! of County Commissioners to consider in determining whether to grant or deny establishment of a CDD, as follows: :lorilillt. Statutes ,rs for the Board i petiit tl 0! o Whether all statements contained within the petition have been found to be true and correct. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. Whether the area that will be served by the district is amenable to separate special-district government. County legal, planning, and public works staff have reviewed the petition and the engineering and planning white papers submitted by the petitioners (attached) relative to the six (6) considerations and found the proposed Pine Air Lakes CDD to be compliant with each of the six (6) review factors. FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. Development generated revenues, such as impact fees, will be in the millions of dollars. Since the establishment of the district does not include any development approval, the immediate fiscal impact to the County is minimal. Exhibit "Al" of the Petition, A Statement of Estimated Regulatory Costs attests to the insignificance of current fiscal impacts associated with the establishment of the District. The primary roadway is ultimately to be transferred to County ownership, and water and sewer facilities have been, and will be, transferred to County ownership. GROWTH MANAGEMENT IMPACT: The entire 150 acres of Pine Air Lakes CDD lies within the Urban designated area on the Future Land Use Map. Although the establishment of this District does not constitute any development approval, the commercial PUD development is consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future development permits will be reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code or PUD, as applicable, and will be required to be consistent with the GMP in effect at that time. EAC RECOMMENDATION: N/A CCPC RECOMMENDATION: N/A JUL 3 1 2001 ..3_ PLANNING DEPARTMENT STAFF RECOMMENDATION: Staff recommends that the Board adopt and enact the proposed ordinance granting the Petition and establishing the Pine Air Lakes CDD, Attachments PREPARED BY: STAN LITSINGER~'AICP, ¢" COMPREHENSIVE PLANNING MANAGER '-7 --f DATE REVIEWED BY: TOM KUCK, INTERIM PLAN-"r~ING SERVICES DIRECTOR DATE APPROVED BY: & ENVIRONMENTAL SERVICES DATE ~ rrF..M JUL 3 1 2001 ORDINANCE NO. 01-~ AN ORDINANCE ESTABLISHING TI-IE PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF TI-IE DISTRICT; NAMING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; NAMING THE DISTRICT; PROVIDING FOR. CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Airport Road Limited Partnership has petitioned the board of County Commissioners to establish the PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT (District); and WHEREAS, the Board of County Commissioners, after proper published notice conducted a public hearing on the petition as required by law and determined the following: 1. The petition is complete in that it meets the requirements of Section 190.005 (1) (a), Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishment of the proposed District is not inconsistent with the local Comprehensive Plan of Collier County and is not inconsistent with the State Comprehensive Plan. 3. That the area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4.That the District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. That the community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. That the area will be served by the District is amenable to separate special district government; and WHEREAS, it is the policy of the State, as provided in Section 190.002 (2) (c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be served by the district, to ensure that neither th[ establishment nor operation of such district is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or permitting governing development; and ~ powers JUL 31 2001 -1- WHEREAS, Section 190.044 (3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district; and that a district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of local general purpose government. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other applicable provisions of law governing county ordinances. SECTION TWO: ESTABLISHMENT OF THE PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT. The Pine Air Lakes Community Development District (District) is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors of the District: 1. Janet Aronoff 3. Norman Ross 626 Gulfshore Boulevard South 2525 Gulf of Mexico Drive Naples, Florida 34102 Apartment 6-D Long Boat Key, Florida 34228 2. Marcia Ross 2525 Gulf of Mexico Drive 4. Tom M. High Apartment 6-D 2599 13th Street, North Long Boat Key, Florida 34228 Naples, Florida 34103 5. Katherine R. English 1610 Fort Denaud Road LaBeIle, Florida 33935 P.O. Drawer 1507 Ft. Myers, Florida 33902 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the Pine Air Lakes Community Development District. SECTION FIVE: The Pine Air Lakes Community Development District shall be goverr of Chapter 190, Florida Statutes. STATUTORY PROVISIONS GOVERNING DISTRICT -2- ~1~. ,, ~ JUL 1 SECTION SIX: 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SEVEN: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION EIGItT: EFFECTIVE DATE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White, Assistant County Attorney -3- JUL 3 I EXHIBIT A Pine Air Lakes Legal Description A parcel or tract of land lying in Section 11, Township 49 South, Range 25 East, Collier County, Florida, being described as follows: Commencing at the Northeast comer of said Section 11, run S 00°27'47" W along the Bast linc of said Section 11 a distance of 1318.86 feet; thence S 88°47'13'' W 100.04 feet to the POINT OF BEGINNING and the westerly right-of-way line of County Road No. 31; thence continue S 88°47'13" W 2654.06 feet; thence S 01°05'27" E 1316.71 feet; thence S 01°05'18" E 1316.78 feet; thence N 88°51'31'' E 1341.42 feet; thence N 00°18'58'' W 329.45 feet; thence N 88°50'57"E 1245.82 feet to the Westerly fight-of-way line of County Road No. 31; thence N 00°27'18" E along said right-of-way line 989.28 feet; thence N 00027'40" E along said right-of-way line 1318.80 feet to the POINT OF BEGINNING: Said parcel or tract containing 148.99 acres, more or less. Bearings based on a bearing of N 00°27'47" E on the East line '~f the NE ½ of Section 11, Township 49 South, Range 25 East, Collier County, Florida. This description meets the Minimum Technical Standards as set forth by the Florida Board of Land Surveyors, pursuant to Chapter 472.027, Florida Statutes. I I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I RE: PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, i TO ESTABLISH THE PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT / I PETITION FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT I Airport Road Limited Partnership by and through its undersigned attorney, ("Petitioner") I p,~titionsthe ~OARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( Commission ) to adopt an ordinance establishing a uniform community development district I pursuant to the Uniform Community Development District Act of Florida, Section 190, Florida Statutes, (1999), as amended, and to designate the land area within which the District may manage I and finance basic infrastructure, systems, facilities and services. In support thereof, Petitioner I submits: 1. Petitioner, Airport Road Limited Partnership is a Michigan Limited Partnership with I its principal place of business at 38500 Woodward Avenue, Suite 310, Bloomfield Hills, Michigan I 48034, I 2. The land area to be served by the District is in Collier County and comprises approximately 149.9 Contiguous acres and is wholly contained within Collier County. A map I showing the general location of the land area to be serviced by the District is attached as Exhibit I "1" 3. A me, le~ and bounds legal description of the external boundaries of the District is I attached as Exhibit 2. There is no real property within the boundaries of the District which is to be excluded from the jurisdiction of the District. - AC, ENDA ITEM ' I 4. Attached as Exhibit "3" is documentation constituting written[on~ , I I I I I I establishment of the District by the owners of 100% of the real property to be included in the land to be serviced by the District. 5. The five (5) persons designated to serve as the initial members of the Board of Supervisors of the District, who are residents of the State of Florida and citizens of the United States, and who shall serve in that office unless and until replaced by elected members as provided in Section 190.006, Florida Statutes, are: (1) whose address is: Janet Aronoff 626 Gulfshore Boulevard South Naples, FIodda 34102 (2) whose address is: Marcia Ross 2525 Gulf of Mexico Drive, Apt. 6-D Long Boat Key, Florida 34228 (3) whose address is: Norman Ross 2525 Gulf of Mexico Drive, Apt. 6-D Long Boat Key, Florida 34228 (4) whose address is: Tom M. High' 2599 13th Street, North Naples, Florida 34103 (5) District. 7. whose address is: Katherine R. English 1610 Fort Denaud Road LaBelle, Florida 33935 P. O. Drawer 1507 Ft. Myers, Florida 33902 The name of the proposed District is the Pine Air Lakes Community Development A map of the proposed District showing current major trunk water mains and sewer interceptors, utilities and outfalls, if any, is attached as Exhibit "4". 8. The estimate of proposed timetables and related costs of constructi of District services and facilities which are contemplated by Petitioners, based up( and which are subject to change, is attached as Exhibit "5". 9. The property to be served by the District is zoned PUD through Collier County Ordinance No. 94-25 and the land uses are set forth on the PUD Master Plan, attached as Exhibit "6-A'. Collier County has adopted all mandatory elements of its Local Government Comprehensive Plan known as the Collier County Growth Management Plan, found in County Ordinance No."89- 05", as amended, in accordance with requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. Ordinance No. "89-05" and all applicable amendments designate the land area within the legal description of the land to be serviced by the proposed District, including the future land use map set forth in Exhibit "6-B". 10. A Statement of Estimated Regulatory Costs of the granting by the Commission of this Petition, and the establishment of the District pursuant thereto, in accordance with section 190.005(2), Florida Statutes, is attached as Exhibit "7". 11. A report on the planning considerations, addressing the factors set forth in Section 190.005(2)(C), Florida Statutes, from the planning perspective is attached as Exhibit "8". A report on engineering considerations, addressing the factors set forth in Section 190.005(2)(C), Florida Statutes, from the engineering perspective is attached as Exhibit "9". 12. Petitioner acknowledges certain legal and policy points regarding the Collier County Water-Sewer Distdct and related matters, as set forth in the official Acknowledgment attached to the Petition as Exhibit "10", and incorporated herein. WHEREFORE, Petitioner respectfully requests the Commission to grant the petition and adopt the ordinance to establish the proposed District, designate the land area to be served by the District, designate the name of the District, and designate the initial Board of Supervisors of the District. JUL 3 ! 2001 I I"-' Respectfully submitted this day of May, 2001. ! Airport Road Limited Partners.[~ a Florida limited partnershi/p.'~// ! By: Airport Road, Inc., ~a/~l~ida corporation I Its sole general p~ i By: ~ Daniel J. Aronoff, President I I hereby authorize Kenneth B. Cuyler, or such other attorney with the law firm of Goodlette, I Coleman & Johnson, P.A., that he may designate, to file this Petition with Collier County and to represent Airport Road Limited Partnership in all matters related thereto. I Airport Road Limited a Flodda limited 'partnj~sh'7 By: A rport Road, In,o'., a F/l'orida corporation I Its sole general"p~e~.~ I I I I I'q__qZ JUL 31 2001 LOCATION LOCATION MAP I I I JUL 3 1 200YrT I I I I I I I I I I I I I I I I I I I (_.os-r¢o OWNER Airport Road Limited Partnership Entertainment Center Limited Partnership Naples Plaza Limited Partnership Costco Companies, Inc. Lowes Home Cer{ters, inc. Regal Cinemas, Inc. (Successor owner to Cobb Theaters, II, Inc.) 'F PARCELS OWNED 1,23 4,5,6,7,8 9, 10, 11, 12 13 14 15 JUL 3 1 2001 /, EXHIBIT 2 DISTRICT i~~| ~ I I ~'~ Pine Air Lakes Legal Description I I A parcel or tract of land lying in Section 11, Township 49 South, Range 25 East, Collier County, Florida, being described as follows:o , , I Commencing at the Northeast comer of said Section 11, nm S 00 27 47 W along the East line of said Section 11 a distance of 1318.86 feet; thence S 88°47'13" W 100.04 feet to the POINT OF BEGINNING and the westerly right-of-way line of County Road No. 31; thence continue S I 88°47'13" W 2654.06 feet; ot~,e,n, ce,, S 01°05'27" E 1316.71 feet; the,n, ce S 01°05'18" E 1316.78 feet;° t~en,c,e, N 88 5131 E 1341.42 feet; thence N 00°1858" W 329.45 feet; thence N 88 5057 E 1245.82 feet to the Westerly right-of-way line of County Road No. 31; I thence N 00°27'18'' E along said right-of-way line 989.28 feet; thence N 00o27'40'' E along said right-of-way line 1318.80 feet to the POINT OF BEGINNING: I Said parcel or tract containing 148.99 acres, more or less. Subject to easements, restrictions and reservations of record. I - Bearings based on a bearing of N 00o27'47" E on the East line of the NE V2 of Section 11, i Township 49 South, Range 25 East, Collier County, Florida. . This description meets the Minimum Technical Standards as set forth by the Florida Board of i Land Surveyors, pursuant to Chapter 472.027, Florida Statutes. I I I I I i JUL31 2001 I i EXHIBIT 3 DOCUMENTATION CONSTITUTING WRITTEN CONSENT I TO THE ESTABLISHMENT OF THE DISTRICT BY THE OWNERS OF 100% OF THE REAL PROPERTY TO BE INCLUDED WITHIN THE DISTRICT I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I OWNER Airport Road Limited Partnership Entertainment Center Limited Partnership Naples Plaza Limited Partnership Costco Companies, Inc. Lowes Home Centers, Inc. Regal Cinemas, Inc. (Successor owner to Cobb Theaters, II, Inc.) ,-F' 'r- PARCELS OWNED 1,2,3 4, 5, 6, 7,8 9, 10, 11, 12 13 14 15 JUL 3 1 2001 CONSENT AND JOINDER OF LAND OWNERS TO ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT Petitioner, Airport Road Limited Partnership, represents and asserts that there are six (6) property owners within the proposed Pine Air Lakes Community Development District, such property owners being Airport Road Limited Partnership, Entertainment Center Limited Partnership, Naples Plaza Limited Partnership, Lowes Home Centers, Inc., Costco Companies, Inc., and Regal Theaters (property purchased from Cobb Theaters, II, Inc., an Alabama corporation). Petitioner, Airport Road Limited Partnership, represents and asserts that the consent of property owners Airport Road Limited Partnership, Entertainment Center Limited Partnership, Naples Plaza Limited Partnership, Lowes Home Centers, Inc., Costco Companies, Inc., and Regal Cinemas, Inc. (successor owner to Cobb Theaters, II, Inc., an Alabama corporation) have been executed and are attached hereto. Executed this ! '-']day of ~ ,2001. Airport Road Limited Part/n~i's~'i~/ a Florida limited partn~?~ip / By: Airport Road, In.c:'i a FIo/fida corporation Its sole genera~'~art~~ By: Daniel J. Aronoff, President F:\DATA\WPDATA\LITIGATE~Landon Mgmt~'evised consent and joinder JUL 3 I 2001 CONSENT AND JOINDER OF LAND OWNERS TO ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT Petitioner, Airport Road Limited Partnership, hereby consents to the establishment of a Community Development District which will include property of said Airport Road Limited Partnership. The undersigned hereby further represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize the execution of this Consent and Joinder by the officer executing this instrument. Executed this ~"--~ day of t'-Y'~ ,G~.~ , 2001. Airport Road Limited Part a Flodda limited part,~ip / By: Airport Road, I~)d., a FIo~da corporation Its sole genial part7 By: ~_ Daniel J. Aronoff, President F:\DATA\WPDATA\LITIGATBLandon Mgmt~agree CONSENT AND JOINDER OF LAND OWNERS TO ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT Naples Plaza Limited Partnership hereby consents to the establishment of a Community Development District which will include property of said Naples Plaza Limited Partnership. The undersigned hereby further represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize the execution of this Consent and Joinder by the officer executing this instrument. Executed this ! --7 day of l~c~ ,2001. Naples Plaza Limited Part~r~ip a Florida limited partnerS,/ BY:aN;iPolr~aPlaja, InC. / eral Partner By: Daniel J. Aronoff, President F:\DATA\WPDATA\LITIGATE~Landon Mgmt~agree I I I I I I I I I I I I I I I I I CONSENT AND JOINDER OF LAND OWNER TO ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT Entertainment Center Limited Partnership hereby consents to the establishment of a Community Development District which will include property of said Entertainment Center Limited Partnership. The undersigned hereby further represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize the execution of this Consent and Joinder by the officer executing this instrument. Executed this t ~ day of r~..'~:- ,2001. Entertainment Center Limi~'~l ~artnership a Flodda limited partnerShiy By: Entertainment Cen~c. By: Daniel J. Arno~President F:\DATA\WPDATA\LITIGATE\Landon Mgmt~agree JUL 31 2001 I I ! APPOINTMENT OF AGENT AND CONSENT TO INCLUSION OF COBB PARCEL ]N COMMUNITY DEVELOPMENT DISTRICT The undersigned, CRC COBB, L.P., Limited Partnership, a Massachusetts limited partnership, its successors and assigns, ["CRC") hereby certifies that it is the owner of that certain property located in Collier County, Florida, more particularly described as follows: (See Exhibit "A' attached hereto and made a part hereof, hereinafter called the "Property'.) CRC, its successors and assigns, acknowledges that NAPLES ASSOCIATES LIMITED PARTNERSHIP, a Michigan limited pannership, and PINE AIR, INC., a Michigan corporation, doing business in Florida as P. Air, Inc., (collectively hereinafter "Pine Air"), may cause at Pine Air's option, to be established, at some time after closing, a uniform community district, as defined in Chapter 190, Florida Statutes, to be known as the Pine Air Uniform Community Development District (hereinafter 'District"), which may at Pine Air's sole option include the Property and which may include all or a portion of the Pine Air Development of Regional Impact ('DRI"), and may also include property in addition to the Pine Air DRI; provided, however, that Pine Air agrees to use its best efforts in good faith to exclude the Property from the District. The District will provide certain urban community development services and will have the authority to levy and collect fees, rates, charges, taxes and' assessments to pay for, finance and provide such services. The District shall be empowered to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for basic infrastructures which may include without limitation: (1) water management and control lands within the District and the connection of some or any of such facilities with roads and bridges; (2) roads and bridges; (3) potable water distribution; (4) sewage collection; and (5) waste water management. The District will impose taxes and/or assessments on properties within the Pine Air (including the Property) through a special taxing district. These taxes will pay for the construction, operation, and/or maintenance costs of certain public facilities within the District and will be set annually by the governing board of the District. These taxes and assessments are in addition to county and all other taxes and assessments provided for by law. These fees, rates, charges, taxes and assessments will either appear on the annual real estate tax bill for each owner (in which case they will be payable directly to the Collier County Tax Collector) or they will appear on a separate bill issued to each owner by the District. All taxes of the District shall constitute a lien upon those portions of the Pine Air DRI owned by any owner of real property within said DRI (including the Property). The District shall have the power to issue any types of bonds permitted by Chapter 190, Florida Statutes. Pine Air shall reimburse CRC for and indemnify CRC, its successors and assigns, against all taxes and assessments imposed by the District after closing that exceed the amount of the funds escrowed or to be escrowed by Pine Air as stated below. It is currently anticipated that the District will be r~sponsible for irrigation, water distribution,. stormwater management (drainage control), street lighting and limited access assurance services. CRC, its successors and assigns, acknowledges that other services may be added to the District's responsibilities. CRC, its successors and assigns, agree, by acceptance of a deed or other instrument conveying title to the Property, or any portion thereof, for itself, its successors or assigns, to pay any and all faes, rates, charges, taxes and assessments imposed by the District with respect to the Property and CRC agrees to abide by all of the District's regulations, as may be amended from time to time. Pine Air shall have the right, without the consent or approval of CRC, its successors and assigns, to assign to the District any. or all.of its rights, obligations, and duties under the Purchase Agreement date~ December 5, 1994, (hereinafter Contract'), provided, however, any such as: ignme~tllfELMse Pine Air from its obligations under the Contract. JUL 31 2001 In the event that the Property is includeu"bj' Pine Air in the District Pine Air shall so notify CRC~ its successors and assigns, and if any assessment is levied by the District against the Property, then Pine Air and CRC shall agree at such time to pay into escrow (as a condition of including the Property within the District) at the time the Property i~ so included within the District, with Escrow Agent an amount that ' together with interest accruing thereon will be sufficient to ensure the future payment of such estimated assessment, and as any such assessment becomes due and payable funds shall be drawn from such escrow to pay the same before they become delinquent. Said escrow shall be held in federally insured or other accounts approved in advance by CRC, its successors and assigns. Pine Air and CRC shall agree during the Inspection Period upon the terms of an escrow agreement to govern such escrow. This obligation of Pine Air shall survive the closing of CRC's acquisition of the Property. A summary of the estimated annual fees and assessments for the District will be provided to CRC by Pin,, Air at the time that the District is formed. THE PINE AIR UNIFORM COMMUNITY DEVELOPMENT DISTRICT WILL IMPOSE TAXES AND/OR ASSESSMENTS ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT, THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND/OR MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADD1TION TO COUNTY AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. Pine Air acknowledges that simultaneously with CRC's acquisition of the Property, CRC is leasing the Property to Cobb Theatres Il, Inc., an Alabama corporation ("Theatres II"), pursuant to a Lease dated as of April 4, 1995 (as the same may be amended, supplemented, restated, extended and renewed from time to time, the 'Cobb Lease"). Pursuant to the Cobb Lease, CRC is assigning its rights and delegating its obligations hereunder to Theatres Il, and Theatres II is assuming such obligations. By its execution of this instrumem, Theatres II hereby acknowledges, agrees and confirms that pursuant to the Cobb Lease it assumes and agree~ to pay and perform fully and faithfully all of CRC's liabilities and obligations under this instrument (provided that CRC shall still be obligated to execute such documents and instruments as may be useful to carry out the intent of this instrument). Pine Air hereby agrees that payment and performance (except for document execution) by Theatres II of any or all of CRC's liabilities and obligations hereunder shall constitute payment and performance thereof by CRC. Anything in this instrument to the contrary as to CRC notwithstanding, no recourse shall be had under any rule of law, statute or constitution or by the enforcement of any assessments or penalties or otherwise for the payment of ~y amounts due hereunder or for any claim based on any breach or default hereunder against CRC, or any past, present or future affiliate, partner, officer, director, any owner, shareholder, agent or employee of or in any thereof or of any partner thereof or their legal representatives, successors or assigns, and Pine Air and its successors and assigns agree to look as to CRC, its successors and assigns, solely to the interest of CRC and its successors and assigns in the Property for the payment of any such sums or claims. Provided, however, that the foregoing shall not limit the liability of Theatres 1I in any way, shape, or form; and Theatres II hereby covenants and agrees that Theatres II shall: (i) fulfill and hereby guarantees all financial and other obligations of every kind and nature imposed on or undertaken by CRC (whether express or implied) pursuant to this instrument, and (ii) indemnify Pine Air from ~d hold Pine Air harmless' against any, every and all claim(s),. breach(es), default(s), and failure(s) to perform, of, by or against CRC, such that any limitation on the liability of CRC (and/or any of those affiliated with CRC as broadly stated above) shall automatically be the express and conclusive liability of Theatres 1I. IN WITNESS WHEREOF, the undersigned has caused this Appointment of Agent and Consent to Inclusion of Cobb Parcel in said CDD petition to be executed in its name by its proper officer on this [SIGNATURES TO BEGIN ON NEXT PAGE] JUL 3 1 2tJ -- aPR 03 '95 ~:BC:~m DAVIS & DOSTER P.2/2 i i I Ji WITNESSES: "COBB": I: CRC COBB, L.P., L]IMITED PARTNERSHIP, '~'~..~, a Massachusetts limited parmership BY: CRC COBB, INC., a Massachusetts corporation, general partner 1,,¢-a m e? Marcy/~xelrad /' ' Tide: Treafurer I HEREBY CERTIFY that on this day personally appeared befqre ri)e, ,an .o~ff~c.e.r..du!y ... authorized to administer oaths and take a¢lmowl~gments, [~.F'/'.~/~ ~O/PI (Oc( j /~'c~aS!lrq~r of CRC COBB, INC., a Massachusetts corporation, the general pa~ner of CRC COBB, L.P., LIMITED PARTI~RSI--i1P, a Massachusetts lhnited partnership, to me personally 'known to be the person described in and who executed the foregoing instrument or who produc~ a driver's license of the state of r}"}~:~ ~105~'-{{5- as evidence of identification, andre acknowledged before me that 5he executed the same. freely and voluntarily for the purposes therein expressed. WITNESS my hand and official se_al at , Coumy 9f ~v~l~ ., 1995. I am a notary public in the State of r/~,SS (~. O h W ~;~.1~ arid ,ny commission expires: I~! !?.} ~_-o0 I [SEAL] JUL3' LEGAL DESCRIP~ON_.: (Cobb Parcel) All that part of Section 11, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows: commencing at the southeast comer of the northwest 1/4 of the southeast 1/4 of said Section 11; thence along the east line of the northwest 1/4 of the southeast 1/4 of said Section 11, North 00°22'11" East 329.50 feet; thence leaving said line, North 24°30'56'' West 172.51 feet to the POINT OF BEGINNING; thence North 00°42'49" West 753.00 feet; thence North 89° 17' 11" East 239.67 feet; thence North 00°42'49" West 271.75 feet; thence easterly 62.04 feet along the arc of a non-tangential circular curve concave southerly, having a radius of 855.00 feet, through a central angle of 04°09'27" and being subtended by a chord which bears North 87°28'36" East 62.03 feet; thence along a non-tangential line, South 00°42'49'' East 273.71 feet; thence North 89°17'11" East 239.67 feet; thence South 00°42'49'' East 753.00 feet; thence South 89° 17'11" West 541.33 feet to the Poin~ of Beginning; I I I I I I 28828_I.WP5 E~tc3=[Tl~rr ~1 A. JUL 31 2001 'Title of Florida, Inc. 0'0 W. dupans Road, #600 MargCte, FL 33063 ' '  tn: Harry Binnie is instrument prepared by: ephen E. Thompson, Esquire Roetzel & Andress LOWE'S HOME CENTERS, INC. PARCEL APPOINT~NT OF AGENT AND CONSENT TO INCLUSION-:oF Park Shore Drive IN MUNICIPAL SERVICES BENEFIT UNIT ples, FL 34103 TO BE FORMED The undersigned, LOWE'S HOME CENTERS, INC., a North Carolina corporation, its successors and assigns, ("LOWE'S") hereby certifies tha~ it is the owner of that certain property located in Collier County, Florida, more particularly described as follows: ! ! ! ! ! ! (See Exhibit "A' attached hereto and made a part hereof, hereinafter called the "Property".) LOVv~'S, its succ~ors and assigns, acknowledges that NAPLES PLAZA L/MITED PARTNERSHIP, a Florida IL,~t~d parmcr~tdp (hereL, mf~er "Naples Plaza"), may cause at Naples Plaza's option, to be established, or may join with other lznd-o~rdng ~ntities in the establishment of, at some time after closing, a municipal services benefit unit, special taxing or home rule assessment district taxing ..~ district, as defined in the Florida Statutes (hereinafter "District"), which may at Naples Plaza's sole option include the Property and which may include all or a portion of the Pine Air Development of Regiorml Impact ("DRI"), and may also include property in addition to the Pine Air DRI. The District will provide certain urban community development services and will have the authority to le~y and collect fees, rates, charges, taxes and assessments to pay for, finance and provide such services. Lowe's hereby~i~ appoints Naples Plaza as Lowe's agent and attorney-in-fact (which power of attorney is coupled with an ~ interest and is irrevocable) to execute and submit to any governmental authority any application, petition, ~ other documents necessary, desirable, or Proper in connection with the establishment and/or operation .'"' or of the District. Further, Lowe's agrees that it will promptly upon request of Naples Plaza, join in, o~ ,-,, consent to, and/or execute any petition, application, consent, or other document tha~ may be required by ~ the County or any other governmental entity having jurisdiction in order to create, establish, or carry out ~ the purposes of the District. The District shall be empowered to plan, establish, acquire, construct or ~ reconstruct, enlarge or extend, equip, operate, and nmintain systems and facilities for roads, landscaping, lighting and associated stormwater 'drainage system improvements, and to finance any capital improvements and expenses of the District through bond issuance or other financing methods. The District will impose taxes and/or assessments on properties within the Pine Air DRI (including the Property) through a special taxing district. These taxes will pay for the construction, operation, and/or maintenance costs of certain public facilities within the District and will be set annually by the governing board of the District. These taxes and assessments are in addition to county and all other taxes and assessments provided for by law. These fees, rates, charges, taxes and assessments will either appear on the annual real estate tax bill for each owner (in which case they will be payable directly to the Collier County Tax Collector) or they will appear on a separate bill issued to each owner by the District. All taxes of the District shall constitute a lien upon those portions of the Pine Air DRI owned by any owner of real property within said Dill (including the Property). The District shall have the power to issue any types of bonds permitted by the Florida Statutes. LOWE'S, its successors and assigns, agree, by acceptance of a deed or other instrument con~'eying title to the Property, or any portion thereof, for itself, its successors or assigns, to pay any and ail taxes and assessments imposed by the District with respect to the Property (subject to a separate agreement with Naples Plaza of even date herewith) and LOWE'S agrees to abide by all of the District's ~'~ regulations, as may be amended from time to time. AC, E~ Naples Plaza shall have the right, without the consent or approval of LOWE'S, its su cess~s_and ~ assigns, to assign to the District any or all of its rights, obligations and duties rela ing to this Appointment. JUL 3 I 2001 L-_ The obligations of Lowe's hereunder shall survive the.cl_o_s, ing. of LOWE's acquisition of the I t,.-,,,~e,-m A summary of the estimated annual fees and ~sessm. ents for the D~smct will be prowded to ,- ---,v --,' _ ........... '-- ,ime that the District is tormea. LOWE'S by r~ap~es r~aza a~ -,~ ASSESSlV[ENT DISTRICT OR OTHtiK 'l'~dr~u ~xo '- -- ......... ~ ~n~RTY THROUGH A SPECIAI~ · ASSESSMEN'I'5 o1~ Ir~ rmur~ _ .......... ,~,~x~t r~u;w ~ ~ON AND/OR TS PAY THk~ t;ul~ ~u~ ~x,-,~'~, ~,~-- , _ TAXES AND ASSESSMEN SET I ............. ~' "'reLIC FACILITIES 0F THE DISTRICT AND ARE MAINTENANCE COST:~ Ur ~m~u~ r~ ....... ,etcher TI~S TAXES AND RNING BOARD ur ANNUALLY BY THE GOVE SMENTS I ASSESSMENTS ARE IN ADDITION TO COUNTY AND ALL OTHER TAXES AND ASSES ' PROVIDED FOR BY LAW. Ito Inclusion of Lowe's Parcel m smd Mumc~p~ ~erv~ces in its name by its proper officer on ~, ii fY day of_ WITNESSES: "LOWE'S" I · LOWE'S HOME CENTERS, INC., /~ ~ a North Carolina corporation STATE OF N,:,ta 0~:o ~i~,t ) ) SS: COUNTY OF_ ~ k~ t~ administer oari~s and rake acknowledgements, ~,o;~ ~'. ~ of LOWE'S HOME CENTERS, INC., a North Carolina corporation, (>9 m me personany ~ ~,,~n to be the person described in and who ex~cuted the foregoing instrument or ( ) who produced a driver's license of the Sm~e of ~ ~~ as evidence of identification, and he aclmowledged before me that he-executed the same freely and voluntarily for the purposes therein ~xpressed. I am a Notary Public in the State of ~xpires: (SEAL) _, and my commission NOTARY PUBLIC Notary Name: Type or Print JUL 3 1 EXHIBIT A Legal Description being a part of Parcel 2, Pine Air Lakes Unit One, Plat Book 24, pages 98 through 101, Collier County, Florida (Lowe's Site, Revised 7/9/97) That part of Parcel 2, according to the plat of Pine Air Lakes Unit One, Plat Book 24, pages 98 through 101, Collier County, Florida being more particularly described as follows: Beginning at the southwest comer of Parcel 4, according to said plat of Pine Air Lakes Unit One; thence along the north fight-of-way line of Naples Boulevard (120 foot right- of-way) according to said plat westerly 309.25 feet along the arc of a circular curve concave to the south having a radius of 975.00 feet through a central angle of 18010'24" and being subtended by a chord which bears North 80'19'01" West 307.96 feet; thence leaving the north fight-of-way line of said Naples Boulevard along a non-tangential line North 01°48'29" West 188.08 feet; thence North 01°08'21'' East 753.24 feet; thence North 89~28'22'' East 779.32 feet; thence South 01'08'21" West 759.49 feet; thence North 88051'39" West 183.96 feet to the northeast comer of said Parcel 4; thence along the boundary of said Parcel 4 in the following two described courses: 1) North 88°51 '39" West 280.82 feet; 2) South 01°08'21" West 250.00 feet to the north right-of-way line of said Naples Boulevard and the Point of Beginning. Containing 14.93 acres more or less. Bearings are based on the north line of said Parcel 4 being North 88051'39'' West. Page 1 of 1 JUL 3 ! 2001 I I I I APPOINTMENT OF AGENT AND. CONSENT TO INCLUSION OF,. COSTCO'S PARCEL IN MUNICIPAL SERVICES BENEFIT UNIT The undersigned, COSTCO WHOLESALE CORPORATION, a Washington corporation, its ~- successors and assigns, ('COSTCO") hereby certifies that it is the owner of that certain property located ~ in Collier County, Florida, more particularly described as follows: (See Exhibit 'A" attached hereto and made a part hereof, hereinafter called the "Property'.) COSTCO, its successors and assigns, acknowledges that NAPLES PLAZA LIMITED PARTNERSHIP, a Florida limited partnership (hereinafter ~Naples Plaza'), may cause at Naples Plaza's option, to be established, or may join with other land-owning entities in the establishment of, at some time after closing, a municipal services benefit unit, special taxing or home rule assessment district taxing district, as defined in the Florida Statutes (hereinafter "District'), which may at Naples Plaza's sole option include the Property and which may include all or a portion of the Pine Air Development of Regional Impact ("DRIP), and may also include property in addition to the Pine Air DRI. The District will provide certain urban community development services and will have the authority to levy and collect fees, rates, charges, taxes and assessments to pay for, finance and provide such services. Costco hereby appoints Naples Plaza as Costco's agent and attorney-in-fact (which power of attorney is coupled with an interest and is irrevocable) to execute and submit to any governmental authority any application, petition, or other documents necessary, desirable, or proper in connection with the establishment and/or operation of the District. Further, Costco agrees that it will promptly upon request of Naples Plaza, join in, consent to, and/or execute any petition, application, consent, or other document that may be required by the County or any other governmental entity having jurisdiction in order to create, establish, or carry out the purposes of the District. The District shall be empowered to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for roads, landscaping, lighting and associated stormwater drainage system improvements, and to finance any capital improvements and expenses of the District through bond issuance or other financing methods. The District will impose taxes and/or assessments on properties within the Pine Air DR1 (including the Property) through a special taxing district. These taxes will pay for the construction, operation, and/or maintenance costs of certain public facilities within the District and will be set annually by the governing board of the District. These taxes and assessments are in addition to county and all other taxes and assessments provided for by law. These fees, rates, charges, taxes and assessments will either appear on the annual real estate tax bill for each owner (in which case they will be payable directly to the Collier County Tax Collector) or they will appear on a separate bill issued to each owner by the District. All taxes of the District shall constitute a lien upon those portions of the Pine Air DRI owned by any owner of real property within said DRI (including the Property). The District shall have the power to issue any types of bonds permitted by the Florida Statutes. COSTCO, its successors and assigns, agree, by acceptance of a deed or other instrument conveying title to the Property, or any portion thereof, for itself, its successors or assigns, to pay any and all taxes and assessments imposed by the District with respect to the Property (subject to a separate agreement wtth Naples Plaza of even date herewith) and COSTCO agrees to abide by all of the District's regulations, as may be amended from time to time. Naples Plaza shall have the right, without the consent or approval of COSTCO, its suc~ and assigns, to assign to the District any or all of its rights, obligations and duties relating Appointment. essor~ thW" ~ JUL 3 lk 2 0Z l I I I OR: 2579 PG: 1743_ The obligations of COSTCO hereunder shall survive the closing of COSTCO's acquisition of the Property. A summary of the estimated annual fees and assessments for the District will be provided to COSTCO by Naples Plaza at the time that the District is formed. THE PINE AIR MUNICIPAL SERVICES BENEFIT UNIT, SPECIAL TAXING OR HOME RULE ASSESSMENT DISTRICT OR OTHER TAXING DISTRICT WILL IMPOSE TAXES AND/OR ASSESSMENTS ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND/OR MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. IN WITNESS WHEREOF, the undersigned has caused this Appointment of Agent and Consent to Inclusion of Costco's Parcel in said Municipal Services Benefit or Other Taxing District to be executed in its name by its proper officer on th~s~ day of July, I999. WITNESSES: Printed Name: ~/, Printed Name: "COSTCO" COSTCO WHOLESALE CORPORATION. a Washington corporation By: --~ Title: STATE OF ~k-"(iiZ} Xi~ lt-l'~u'i') ) ~ --~ ) ss: COUNTY OF ~ ! } q ) I HEREBY cERTIFY that on this day pe. rsonally appeared before me, an officer duly author~ed ~-,t ..,. c,t, t) , V?I,.'-i':A.~-. ~;:~ to administer oaths and take acknowledgements, ~ ~(J I ~1 ' -'V ,"~ ' _ ..... of COSTCO-WHOLESALE CORPORATION, a Washington corporation, on behalf of said corporation (."~'to me personally known to be thc person described in and who executed thc foregoing instrument or ( ) who produced a driver's license of the State of as evidence of identification, and he acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. I am a Notary Public in the State of L~ (;.~ ti it.,, ~. ,a expi es:' l i//C; 6 .(SEAL) , and my J ..'....'i. i i..(l :'//t iq.. NOTARY PUBLIC ,. ~ / Notary Name: ("i Type or Print 137292 I.WP5 commission JUL 31 200I I! II 1 *'** OR: 2579 Costco Property Parcel 8. Pine Air Lakes Unit Two, according to the plat thereof, recorded iff Plat Book .~ 2. ~ through '7_.__.~, inclus'ive, of the Public Record~ of Collier County, Florida. EXHIBIT A PG' ~, at Pages JUL 3 1 2~-~ ! I EXHIBIT 4 I MAP OF THE PROPOSED DISTRICT SHOWING CURRENT MAJOR TRUNK WATER MAINS AND SEWER INTERCEPTORS, UTILITIES, AND OUTFALLS, I IF ANY I I I I I I I I I I I I I ! SHEET SHEET SHEET SHEET BOUNOARY WATERTSEWER THEATRE / ENGINEERING............. C°'"'"' I ...... I .... I---I , JUL $1 2001'~--'' SHEET 2 SHEET 3 BOUNDARY BOUNDARY WATEPJS EWER. ENGINEERING NAPLES CENTER Water & Sewer I%,,'., I'"',':.o I .":,.--r", I I I I I I I I I I I I I I I I I I I EXHIBIT 5 ESTIMATE OF PROPOSED TIMETABLES AND RELATED COSTS OF CONSTRUCTION AND PROVISION OF DISTRICT SERVICES AND FACILITIES, BASED UPON AVAILABLE DATA AND WHICH ARE SUBJECT TO CHANGE JUL 3.1 2~)01 I I I I I Pine Air Lances Community Development D/strict Proposed Construction Timetab/e & Cost Estimates Description Total Costs 2001 - 2002 Roadways Water & Sewer Facilities Storm Water Management Landscaping Street Lighting Permits & Professional Fees Project Total $ 3,592,207 358,000 1,256,000 562,220 100,870 375,560 $ 6,244,856 JUL 3 1 20~I2 I I I I I I I I I I I I I I I I I I I D/'n /kc C_DD r Annual Cost Per Cost Per Monthly Allocation Extended Usable Zoned Extended CDD Maintenance Budl~et Units Units Cost Per Cost Acre Sq Ft Cost Usable Land Area / Zone Sq Ft 103 967,0001 Grounds Maintenance Mowing Grass SF 220,000 0.200 44,000 427.23 0.0461 3,667 Weeding SF 55,000 0.120 6,600 64.08 0.007: 55C Shrub Pruning SF 25,000 0.120 3,000 29.13 0.003 25C Spraying SF 275,000 0.025 6,875 66.75 0.007 572 Fertilizer SF 275,000 0.025 6,875 66.75 0.007 573! Irrigation Water 1,000 Gal 8,000 2.700 21,600 209.73 0.022 1,800 ilrdgation Maintenance Monthly 12 650.000 7,800 75.74 0.008 650 Tree Pruning LS I 5,000.000 5,000 48.55 0.005 417 Manual Plantings Twice Yearly 2 5,000.000 10,000 97.10 0.010 833 Christmas Lights LS I 15,000.000 15,000 145.651 0.016 1,250 Street Light Electricity Monthly 12 0.000 0 0.00 0.000 0 Street Light Maintenance LS 1 2,500.000 2,500 24.27 0.003 208 Street Light Replacement 15 Year I 2,500.000 2,500 24.27 0.003 208 Project Sign Maintenance LS 1 1,500.000 1,500 14.56 0.002 125 Project Sign Replacement 15 Year 1 5,000.000 5,000 48.55 0.005 417 Misc Monthly 12 1,000.000 12,000 116.52 0.012 1,000 Total Maintenance 150,250 1,458.88 0.155 12,521 CDD Administrative Expenses (1) Supervisor Fees Annual I 0~ 0 0.00 0.000 (2) District Manager iAnnual 1 !8,000 18,000 174.77 0.019 1,5r Recording Secretary IAnnual I 3,000 3,000 29.13 0.003 (3) District Engineer Annual 1 5,000 5,000 48.55 0.005 41 (3) Disclosure Report knnual I 5,000 5,000 48.55 0.005. 417 (3) Trustee Fees Annual I 3,500 3,500 33.98 0.004 292 (2) Assessment Roll Mmual I 3,000 3,000 29.13 0.003 25£ (4) Collection Agent Mmual I 0 0 0.00 0.000 0 (2) Accounting Services Armual 1 7,500 7,500 72.82 0.008 625 (3) Auditing Services Annual 1 7,000 7,000 67.97 0.007 583 (3) Arbitrage Rebate Caelulation Annual 1 2,000 2,000 19.42 0.002 167 Travel Per Diem Annual I 500 500 4.85 0.001 42 Postage, Long Distance & Faxes Annual I 1,500 1,500 14.56 0.002 125 Rentals & Leases annual I 2,400 2,400 23.30 0.002 200 (3) General Liability Insurance Annual I 2,000 2,000 19.42 0.002 167 (2) Printing & Binding Annual 11 1,000 1,000 9.71 0.001 83 Legal Advertising Annual 1' 1,500 1,500 14.56 0.002 125 (3) Banking &-Investment Management Annual 1 250 250 2.43 0.000 21 Dues, Licenses & Fees Annual I 175 175 1.70 0.000 15 (2) Mist Fees Annual I 1,000 1,0001 9.71 0.001 83 Office Supplies Annual I 1,000 1,000 9.71 0.001 ! 82 (3) District Counsel Annual I 7,500 7,500 72.82 0.008 625 Total Administrative Expenses 72,825 72,825 707.11 0.075 6,06?. total Before Debt Service 223,075 1,239.44 0.132 10,638 Debt Service 578,414 5,616.21 0.598 48,201 l~otal After Debt Service 801,489 7,782.20 0.829 66:'/"' (1) Assumes Supervisors not paid. (2) Services provided by District Manager that have been reduced. ~l. (3) Subject to negotations directly with the provider of services. (4) Assumes no short term bonds requiring a Collection Agent JLlk 3 I 2001 EXHIBIT 6.-A I I I I I I I I JUL 3 1 2001 iii '\ PINE AIR lAKES P.U.D. ~ ~ "~. ~:. ....... ~ .......... -1,_.~..__~ · ..... ,~_-..:~?_~~,i ~ ~,~~%~---.~ ~.XUZBZT "a" , MAY 1 0 1994 JUL ~ 0 :~ - .~ m,~ I I I I I I I I I EXHIBIT 6-B COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE MAP ~r. noA ixr~ J T 4S S 'T KO $ T 61 $ T 52 S T $3 S L,L. Il S 91, .L s L~.L .,'...,.[ ;.'-. ;.;: ;,:: SSt,/ G~.d f o$ $ t~ I I I EXHIBIT 7 STATEMENT OF ESTIMATED REGULATORY COSTS JUL 3 1 200{ I I I I I I I I I I I I I I I I I I I STATEMENT OF ESTIMATED REGULATORY COSTS FOR PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT PREPARED BY: RIZZETTA & COMPANY INCORPORATED BUSCHWOOD PARK 3550 BuschWood Park Drive Suite 135 Tampa, Florida 33618 (813) 933-5571 May 4, 2001 RIZZEFFA & JUL 3 1' 200! PI.~ . I I PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT I STATEMENT OF ESTIMATED REGULATORY COSTS ITABLE OF CONTENTS PAGE I I. INTRODUCTION A. PURPOSE & SCOPE 1 B. DEVELOPMENT OVERVIEW 2 I C. PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT 3 II. STATUTORY ITEMS 3 I 1. A GOOD FAITH ESTIMATE OF THE NUMBER OF AND ENTITIES INDIVIDUALS LIKELY TO BE REQUIRED TO COMPLY WITH THE ORDINANCE TOGETHER WITH A GENERAL DESCRIPTION OF THE TYPES OF INDIVIDUALS LIKELY TO I BE AFFECTED BY THE ORDINANCE 4 A. THE STATE OF FLORIDA 4 I B. COLLIER COUNTY 4 C. CURRENT PROPERTY OWNERS 4 D. FUTURE PROPERTY OWNERS 5 I 2. A GOOD FAITH ESTIMATE OF THE COST TO ~ AGENCY AND TO ANY OTHER STATE AND LOCAL ENTITIES OF IMPLEMENTING AND ENFORCING THE PROPOSED ORDINANCE AND ANY ANTICIPATED EFFECT ON STATE AND I LOCAL REVENUES A. COSTS TO GOVERNMENTAL AGENCIES OF IMPLEMENTING '& ENFORCING THE ORDINANCE I 1. STATE OF FLORIDA 5 2. COLLIER COUNTY 5 I B. IMPACT ON STATE AND LOCAL REVENUES · 6 3. A GOOD FAITH ESTIMATE OF THE TRANSACTIONAL COSTS LIKELY TO BE I INCURRED BY INDIVIDUALS AND ENTITIES, INCLUDING LOCAL GOVERNMENT ENTITIES, REQUIRED TO COMPLY WITH THE REQUIREMENTS OF THE ORDINANCE 7 I 4. AN ANALYSIS OF THE IMPACT ON SMALL BUSINESSES AS DEFINED BY SECTION 288.703, F.S., AND AN ANALYSIS OF THE IMPACT ON SMALL 8 COUNTIES AND SMALL CITIES ASDEFINED BY SECTION 120.52 F.S. 5. ANY ADDITIONAL INFORMATION THAT THE AGENCY DETERMINES MAY BE USEFUL 8 I JUL 3 i 2 I11 I I I I I I I I I I I I I I I I I I I PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS INTRODUCTION A. PURPOSE AND SCOPE This Statement of Estimated Regulatory Costs has been prepared as a component of the petition filed with the Collier County Board of County Commissioners to establish the Pine Air Lakes Community Development District ("District") in accordance with Chapter 190.005, Florida Statutes ("F.S."). Specifically, Section 190.005(1)(a)8, F.S., requires, as part of the petition, a Statement Of Estimated Regulatory Costs prepared pursuant to Section 120.541 F.S. A community development district ("CDD") is established under the Uniform Community Development District Act of 1980, Chapter 190 of the Florida Statutes, as amended (the "Act"). A CDD is a local unit of special-purpose government that is limited to the performance of those specialized functions authorized by the Act. Those specialized functions consist of the planning, financing, constructing and maintaining of certain public infrastructure improvements and community development services. As an independent special district, the CDD's governing body establishes its own budget and, within the scope of its authorized powers, operates independently of the local general-purpose governmental entity (i.e., the county or the city) whose boundaries include the CDD. However, a CDD cannot regulate land use or issue development orders; those powers reside with the local general-purpose government. The Legislature has, in Section 190.004(3), F.S., made this clear by stating: "The establishment of an independent community development district as provided in this act is not a development order within the meaning of chapter 380. All governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Local Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government." RIZZErlTA i I ~-' PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS I In addition, the parameters for the review and evaluation of community development I district petitions are clearly set forth in Section 190.002(2)(d), F.S., as follows:.. . That the process of establishing such a district pursuant to uniform I general law be fair and based only on factors material to managing and financing the service-delivery function of the district, so that any matter concerning permitting or planning of the development is not I material or relevant." Therefore, the scope of this Statement of Estimated Regulatory Costs is limited to evaluation of those factors pertinent to the establishment of a CDD as defined by the Legislature and outlined in Section 120.541 (2), F.S. I continues in the the infrastructure requirements As growth and development state, necessary to serve that growth also continue to increase. This need to match the demand for government facilities and services resulting fi.om growth with the IA availability of such facilities and services is highlighted in the Local Government Comprehensive Planning and Land Development Regulation Act, (chapter 163, Part II, F.S.). To help address the practical and legal necessity for large up front I investments in public improvements, a number of community development districts have been established throughout the state since the adoption of the Uniform I Community Development District Act of 1980. Moreover, the use of community development districts is becoming more prevalent I as growth continues to outpace the ability of many local governments to provide the required infrastructure and as conventional sources of private development financing become more difficult to obtain. The purpose of Chapter 190, F.S. is to provide I another tool to government and private landowners in their efforts to comply with comprehensive plans which require adequate public facilities and services as a pre- condition for future development. See Section 163.3177(10)(h) (the "concurrency" I requirement), F.S. As demonstrated by the discussion below, the Legislature has provided a cost I effective and viable mechanism for addressing needs of development through establishment of a community development district. I B. DEVELOPMENT OVERVIEW Pine Air Lakes is an approximate 150 acre development located in Collier County, I ! I PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS I Florida located on the west side of Airport Road approximately ½ mile north of the I intersection of Pine Ridge Road and Airport Road. The development is planned primarily for retail, mixed use commercial and office Use: I C. PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT The proposed District will contain approximately 150 acres. The petitioner is I seeking authority, as outlined in Section 190.012 F.S., to plan, for the District finance, acquire, construct and maintain infrastructure that includes, but is not limited to, surface water management, water and sewer systems, District roads and I street lights, off-site roadways, common area landscaping and irrigation and certain other projects when expressly approved or required by a local government. I The District intends to finance these ~nfrastmcmre improvements through special or non-ad valorem assessment revenue bonds. Repayment of these bonds will be through special or non-ad valorem assessments levied against all benefited properties I within the District. On-going operation and maintenance for District owned facilities is expected to be funded through maintenance assessments levied against all benefited properties within the District. The CDD will be structured to be financially I independent as intended by the Legislature and will not require any subsidy fi.om the State of Florida or Collier County, nor will it place any additional economic burden I on those persons not residing or owning property within the District. I II. STATUTORY ITEMS: Section 120.541(2), F.S. (2000), defines the elements a Statement of Estimated Regulatory I Costs must contain, as follows: (1) A good faith estimate of the number of individuals and entities likely to be I required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance; I (2) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enfoming the proposed ordinance, and any anticipated effect on state and local revenues; I (3) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with I 3 RIZZ -XTA & , PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS the requirements of the ordinance; (4) An analysis of the impact on small businesses as defined by Section 288.703, F.S. and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.; (5) Any additional information that the agency determines may be useful. The estimated regulatory impacts for the establishment of the District are summarized below. 1. A GOOD FAITH ESTIMATE OF TIlE NIYMBER OF INDIVIDUALS AND ENTITIES LIKELY TO BE REQUIRED TO COMPLY WITH TIlE ORDINANCE~ TOGETHER WITH A GENERAL DESCRIPTION OF THE TYPES OF INDIVIDUALS LIKELY TO BE AFFECTED BY THE ORDINANCE. The individuals and entities likely to be required to comply with the ordinance or affected by the proposed action (i.e., adoption of the ordinance) Can be categorized, as follows: A) The State of Florida and its residents, B) Collier County and its residents, C) current property owners and D) future property owners. A. THE STATE OF FLORIDA The State of Florida and its residents and general population of will not incur any compliance costs related to the establishment of the District and will only be affected to the extent that the State incurs those nominal administrative costs outlined in Section 2. A. 1 below. B. COLLIER COUNTY Collier County and its residents not residing or owning property within the boundaries of the District will not incur any compliance costs other than any one- time administrative costs outlined in Section 2. A. 2 below. Once the District is established, these residents will not be affected by adoption of the ordinance. C. CURRENT PROPERTY OWNrERS The current property owners of the lands within the boundaries of the proposed District will be affected by the proposed ordinance to the extent that the District 4 l~_IZZ I PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS ! issues debt for the construction of infrastructure and undertakes operation and I maintenance responsibility for that infrastructure. D. FUTURE PROPERTY OWNERS I The future property owners are those who will own property in the proposed Dismct. These future property owners will be affected by the proposed ordinance to the I that the District issues debt for the construction of infrastructure and extent undertakes operation and maintenance responsibility for that infrastructure. I 2. A GOOD FAITH ESTIMATE OF THE COST TO THE AGENCY~ AND TO ANY OTHER STATE AND LOCAL ENTITIES, OF IMPLEMENTING AND ENFORCING THE PROPOSED I ORDINANCE~ AND ANY ANTICIPATED EFFECT ON STATE AND LOCAL REVENUES A. COSTS TO GOVEI~Mr-YrAL AGENCIES OF IMPLEM~NT~G AND ENFORCING I ORDINANCe'. i Once the District is established, the State of Florida will incur only nOminal administrative costs to review the periodic reports required pursuant to Chapters 190 and 189, F.S. These reports include the annual financial report, annual audit and public f'mancing disclosures. To offset these costs, the Legislature has established I a maximum fee of $175 per District per year to pay the costs incurred by the Special Districts Information Program to administer the reporting requirements of Chapter 189, F.S. Because the proposed District, as defined in Chapter 190, F.S., is designed I to function as a self-sufficient special-purpose governmental entity, it is responsible for its own management. Therefore, except for the reporting requirements outlined above, or later established by law, no additional burden is placed on the State once I the District has been established. 2. G011ier County (the "A~encv"~. I Because the proposed District encompasses less than 1,000 acres, this petition is being submitted to the Collier County Board of County Commissioners (i.e., the I "Agency" under Section 120.541 (2)., F.S.) for approval in accordance with Section 190.005(2) F.S. The Agency will incur certain one-time administrative costs involved with the review of this petition. RIZZ ITA & i,~L. ~ ! £UUI PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS Once the proposed District is established, Collier County will not incur any quantifiable on-going costs resulting from establishment of the District, The proposed District will submit, for informational purposes, its annual budget, financial report, audit and public financing disclosures to the County. Since there are no legislative requirements for review or action, Collier County should not incur any costs. The Agency may, however, choose to review these documents. To offset these one time administrative costs, the petitioner will submit a filing fee of $15,000 to Collier County. B. IMPACT ON STATE AND LOCAL REVENUES It is anticipated that approval of this petition will not have any negative effect on state revenues. There is however, the potential for an increase in state sales tax revenue resulting from a stimulated economy although it is not possible to estimate this increase with any degree of certainty. In addition, local ad valorem tax revenues may be increased due to long-lasting increases in property values resulting from the District's construction of infrastructure and on-going maintenance services. Similarly, private development within the District, which will be facilitated by the District's activities, should have a positive impact on property values and therefore ad valorem taxes. In addition, impact fee and development permit revenue is expected to be generated by private development within the District and, accordingly, should also increase local revenues. Lastly, some express a concern that a District obligation could become a state or county obligation thereby negatively effecting state or local revenues. This cannot occur as Chapter 190 specifically addresses this issue and expressly states: It s further the purpose and intent of the Legislature that no debt or obligation of a district constitute a burden on any local general-purpose government without 1ts consent. Section 190.002(3), F.S. A default on the bonds or obligations of a district shall not constitute a debt or obligation of a local general-purpose government or the state." Section 190.016(15), F.S. In summary, establishment of the proposed Pine A~r Lakes CDD will not create any significant economic costs for the State of Florida or for Collier County. . I I PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS I i 3. A GOOD FAITH ESTIMATE OF TIlE TRANSACTIONAL COSTS LIKELY TO BE INCURRED BY INDIVIDUALS AND ENTITIES, INCLUDING LOCAL GOVERNMENT ENTITIES, REQUIRED TO COMPLY WITH THE REQUIREMENTS OF THE ORDINANCE. I The transactional costs associated with adoption of a ordinance to establish the District are primarily related to the financing of infrastructure improvements. The District will determine what infrastructure it considers prudent to finance through the I the decision is made to issue bonds it is expected that sale of bonds. Once assessments will be levied against benefited property owners within the proposed District. The revenue generated by payment of these assessments will be used to I repay the bonds. The obligation to pay the assessments will tlnm with the land" and will be transferred to new property owners upon sale of any portions of the property. I To fund the cost of maintaining infrastructure that the District maintains, operation and maintenance assessments may be imposed on the District property owners. As with the special assessments for infrastructure acquisition and construction, the I property owner will be responsible for payment of these assessments on the basis of the mount of benefited property owned. I All persons choosing to acquire property in the District will be responsible for such assessments in addition to the taxes or assessments imposed by Collier County or I other taxing authorities. In exchange for the payment of these special assessments, there are substantial I potential benefits to be derived by the future property owners. Specifically, these persons can expect to receive a higher level of services because they, the property owners, will elect the members of the Districts' Board of Supervisors. Further, the I District is limited in jurisdiction and responsibility to this single development. Therefore, the District should be extremely responsive to the needs of the property owners within the District. I 4. AN ANALYSIS OF THE IMPACT ON SMALL BUSINESSES AS DEFINED BY SECTION I 288.703, F.S.~ AND AN ANALYSIS OF THE IMPACT ON SMALL COUNTIES AND SMALL CITIES AS DEFINED BY SECTION 120.52 F.S. I Establishment of the propOsed District should not have any negative impact on small businesses. Any business, large or small, has the option of locating in a community development district provided the local governmental authority has issued the , ! I I PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS appropriate land use approvals. Those that choose this option will be subjected to the financial obligations imposed by the District and will accrue the benefits resulting from being in the District. The financial obligations would be in the form of special assessments while the benefits would be in the form of a higher quality and lower cost development which would, in theory, be more conducive to the economic success of a business. Furthermore, the District must operate according to Florida's "Sunshine" laws and must follow certain competitive bidding requirements for certain goods and services it will purchase. As a result, small businesses should be better able to compete for District business serving the lands to be included within the District. A CDD does not discriminate in terms of the size of businesses that can be located within the boundaries or transact business with the District. Establishment of the District will have a positive impact on the small businesses of the local economy. As Outlined above, success of the development will generate increased employment and stimulate economic activity in the area through increased construction expenditures related to infrastructure and private development, thus providing enhanced opportunity for small businesses. In addition, establishment of a CDD should not have a negative impact on small cities or counties, because the cost to construct the infrastructure is borne entirely by the property owners within the District. ANY ADDITIONAL INFORMATION THAT THE AGENCY DETERMINES MAY BE USEFUL Certain data utilized in this report was provided by the developer/petitioner and represents the best information available at this time. Other data was provided by Rizzetta & Company and was based on observations, analysis and experience with private development and other CDDs in various stages of existence. l zzr t ..IUL ~ 1 2UU1 ' I' I I I I I I I I I I I I I I I I I I I EXHIBIT 8 A REPORT ON PLANNING CONSIDERATIONS, ADDRESSING THE SIX FACTORS SET FORTH IN SECTION 190.005(2)(C), FLORIDA STATUTES, FROM THE PLANNING PERSPECTIVE JUL 3 1 2001 I I I '~RADY MINOR, P.E. ARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCI-IMrIT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANE)OVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN I PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT I I I I I I I I I I I I Planning Considerations for Establishment of Pine Air Lakes Community Development District My name is D. Wayne Arnold, AICP. I am a professional urban planner. I am a Principal with the firm, Q. Grady Minor & Associates and have over 14 years of experience in planning and permitting related to land development activities. I have previously been employed as a professional planner by local and State governments, including Palm Beach County, Collier County and the South Florida Water Management District. I have been actively involved in Developments of Regional Impact, growth management plan amendments, property rezonings, land development code amendments, site development plans, and land feasibility studies. I hold dual degrees in urban planning: a Bachelor of Science Degree in Urban-Regional Planning from Southwest Missouri State University, and a Master of Urban Planning from the University of Kansas. I have served as an expert in urban planning in a variety of local, regional and state growth management planning issues and have testified in numerous hearings including Florida Administrative Heatings, local planning and zoning boards/commissions, Hearing Examiners, Local Planning Agency, board of zoning appeals, Circuit Court, and County Commissions. Based on my education and professional experience, I will address planning aspects and consequences of the proposed new Pine Air Lakes Community Development District. I have assisted in the preparation of the Petition, its required exhibits and additional information related to the planning considerations of establishing the District. Below is a summary of the planning consequences of establishing the proposed Community Development District in Collier County. My assessment of the six statutory factors that must be met in order to establish a Community Development District is discussed below. Project Description Pine Air Lakes is a Development of Regional Impact (DRI) located in north central Collier County, north of Pine Ridge Road and west of Airport-Pulling Road. The site is within a designated Activity Center of the Collier County Future Land Use Map, which indicates that the site is appropriately located to support intensive commercial development or higher density residential development. I I JUL 31 2001 P age 1 (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 The proposed Pine Air Lakes CDD consists of 148.99 ± acres within the planned development referred to as Pine Air Lakes PUD. Pine Air Lakes includes 100+ acres of commercial land uses and is permitted to construct a maximum of 957,000 square feet of commercial development. The PUD permits a wide variety of commercial and light industrial land uses ranging from specialty retail, restaurants, indoor recreation, and warehousing. The project has direct access to two County arterial roadways and is served by a primary connector roadway, linking the arterial roadways. Both access points are fully signalized. Pine Air Lakes is a master planned commercial project and is designed to be a unified regional commercial center serving Collier County. The Project has established design guidelines and an integrated plan for landscaping, signage, utility, service, stormwater management, and open space. These Project components distinguish Pine Air Lakes as a viable master planned commercial and industrial center. The Six Statutory Factors: Section 190.005 (1)(e)l-6, F.S. Section 190.005(2)(c), Florida Statues, provides that the County Commission shall consider the record of the public hearing and the following factors in making its determination to grant or deny a petition for the establishment of a community' development district. Whether all statements contained within the petition have been found to be true and correct. Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. Whether the area of land xvithin the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. o Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. Whether the area that will be served by the district is amenable to separate special-district government. F:~OB\PINEAIR\WA\DRAFT2-DOC Page 2 JUL 3 I 2001 I I I I I I I I I I I I I I Factor One 1. Whether all statements contained within the petition have been found to be true and correct. In my professional planning opinion, the Petition and its attached exhibits requirements of the statute and contain information that is both true and correct. factor one in my opinion is satisfied from a planning perspective. satisfy the Therefore, Local Specialized Problem: None Factor Two 2. Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. Regarding factor number two, I have done a considerable amount of analysis of both the State Comprehensive Plan and the Collier County Comprehensive Plan because this factor questions whether creation and establishment of the District is consistent with any applicable element or portion of the State Comprehensive Plan or the Collier County Comprehensive Plan. Discussion: The State Plan The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes. I have analyzed this State Plan with the assumption that the proposed District will exercise all of its powers set forth in, Sections 190.006 through 190.041, Florida Statutes. I reviewed all twenty-six subjects, twenty-six goals and several related policies under each goal in the State Plan from this perspective. Subjects, goals and policies of the State Plan that were not related to the development, nor to the creation and establishment of the District to serve the development were not evaluated. I have identified and evaluated those subjects, goals and policies, that do relate to the creation and establishment of a Community Development District. As a professional planner, I have opined as to the consistency of proposed District with each related goal, objective and policy of the plan. I have determined that there are four state goals and related policies applicable to the establishment of the proposed Pine Air Lakes Community Development District. I have analyzed from a planning perspective each subject and goal and then identified various specific policies under each of them which related to the proposed District, once again, applying all of these factors to the assumption that the District would exercise all of its powers of Section 190.012, Florida Statutes. F:UOB\PINEAIR\WA\DRAFT2.DOC Page 3 JUL 3 1 2001 ~LCDD I I Subiect and Goal 16 I (16) LAND USE.- (a) GoaL-In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which I h ave in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. I Subject Number 16 and its related goal are applicable because the subject of development being directed to areas having, or programmed to have funded land and water resources, and necessary infrastructure capacity to serve growth in an environmentally responsible manner relates directly I t o the Community Development District purpose of economical and and adequate service delivery through District provided capital infrastructure improvements. I The Pine Air Lakes District is in an area of Collier County that has available access to regional water and sewer services, and roadway networks to serve a project of this scale. The District is located in the urban core of Collier County and will have no impact on natural resources. The I creation of the District is consistent with this goal. i Local Specialized Problem: None Policy 16(b)l. Promote state programs, investments, and development and redevelopment i activities, which encourage efficient development and occur in areas which, will have the capacity to service new population and commerce. Establishment of the District is consistent with this Policx. Chapter 190, F.S., establishes that a I District purpose is to provide necessary capital infrastruct?ure to service projected growth without overburdening other governments and taxpayers. I Local Specialized Problem: None Policy 16(b)2. Develop a system of incentives and disincentives, which encourage separation I of urban and rural land uses while protecting water supplies, resource development, and fish and wildlife habitats. I A District is a form of local government which, when established, is required by law to provide service capacity in areas designated for urban services, and to provide such services in an I environmentally sensitive manner. The Establishment of the proposed D~stnct ~s conststent w~th policy 16(b)2 the State Plan. I Local Specialized Problem: None I - AGENDA i'~r..j~ I JUL3! F:klOB\PINEAIR\WA\DRAFT2.DOC Page 4 PALl DD I I I I I I I I I I I I I I I I Subiect and Goal 18 (18) PUBLIC FACILITIES.- (a) Goal.- Florida shall protect the substantial investments in public facilities that already exist and shall plan and provide for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Subject 18 and its related Goal and policies would be directly implemented through the establishment of the proposed District through the responsible provision of services and facilities when needed to those property owners within the District. The establishment of the District will be consistent with this subject and goal. Local Specialized Problem: None Policy 18(b)3.-Aliocate the costs of new public facilities on the basis of the benefits received by the existing and future residents. Facilities and services provided by the District are paid for through assessments and user fees by those property owners who benefit from those facilities and services. In my planning opinion, I believe that the proposed District is consistent with, and will implement, policy 18(b)3. Local Specialized Problem: None Policy 18(b)4.- Create a partnership among state government, local governments, and the private sector which would identify and build needed public facilities and allocated the costs of such facilities among the partners in proportion to the benefits accruing to each of them. The state legislature determined that a District is a legitimate alternative method of paying for and managing community development. A District must be consistent with the plans of the State and local governments. Establishment of the District, consistent with this legislative intent, is consistent with Policy 18(b)4. Local Specialized Problem: None Policy 18(b)5. Encourage local government financial self-sufficiency in providing public facilities. The proposed District, if established, would be a special-purpose local government, and would be self-sufficient in the provision of infrastructure, services and facilities given that it would not draw upon other County resources. The establishment of the proposed District would not be inconsistent with this policy. Local Specialized Problem: None F:UOB\PINEAIR\WA\DRAFT2.DOC Page 5 ITEM .JUL 3 1 2001 'ALCDD Policy 18(b)6. Identify and implement innovative but fiscally sound and cost-effective techniques for financing public facilities. The special-purpose District will have limited powers to design, fund and construct services and facilities necessary to accommodate the project's service demands. The proposed District is consistent with this policy. Local Specialized Problem: None Policy 18(b)7. Encourage the development, use, and coordination of capital improvement plans by all levels of government. The District is subject to the reporting provisions of Section 189.415, Florida Statutes, which in paragraph (6) states, "For purposes of the preparation or revision of local government comprehensive plans required pursuant to s. 163.3161: a district public facilities report may be used and relied upon by the local general purpose government or governments within which the special district is located. This statutory provision is directed at fostering coordination between special districts and general-purpose governments. The proposed District, if established, will implement this policy, and is therefore consistent with the policy. Local Specialized Problem: None Subiect and Goal 21 (21) GOVERNMENTAL EFFICIENCY.- (a) Goal.- Florida governments shall economically and efficiently provide the amount and quality of services required by the public. Chapter 190.002 finds that an independent district can be a solution to the state's planning, management, and financing needs by providing timely, efficient, effective and economic means of service delivery. The proposed District will provide services in an economical and efficient manner and is consistent with Goal 21. Local Specialized Problem: None Policy 21(b)l. Encourage greater cooperation between, among, and within all levels of Florida government through the use of appropriate inter-local agreements and mutual participation for mutual benefit. Once the-Community Development District is formed, it will function as a form of local government and the Statute permits the District to enter into inter-local agreements with other local governments. The Collier County Growth Management Plan, Intergovernmental Coordination Element and Public Facilities Element provide for the coordination and cooperation of all governmental entities, including Community Development Districts. Because the Statute requires consistency with the local government growth management plan, and the District must cooperate with local governments, it is my opinion that the proposed Pine Air Lakes Community Development District, w411 be consistent with Policy 21(b)l of the State Comprehensive Plan. Local Specialized Problem: None F:UOB\PIN EAI R\WA\DRAFT2.DOC Page 6 2oo I I I I I I I I I I I I I I I I Policy21(b)2. Allow the creation of independent special taxing districts, which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts, which do not meet these standards. This policy directly addresses why a Community Development District is a beneficial method of funding community development services. A Community Development District provides the infrastructure and community services through the sale of various types of bonds, for which the obligation to repay the bonds is borne by only those who directly receive the benefits provided by the Community Development District. The general taxpayer has no obligation to pay for services within the District. The Community Development District must be established according to the standards specified in Florida Statutes and must be consistent with local government plans. The proliferation of independent districts is restricted by the various factors required to establish a Community Development District. The proposed Community Development District in my professional planning opinion is consistent with Policy 21 (b) 2. Local Specialized Problem: None Policy 21(b)5. Eliminate needless duplication of, and promote cooperation in, governmental activities between, among, and within state, regional, county, city, and other governmental units. As stated previously, a District is required under Florida Statutes to prepare reports and public records with respect to its facilities and operations which are made available to owners within the Community Development District, as well as prospective purchasers. These records are also filed with the County as public records and may be utilized by the local government. This Cooperative requirement of sharing information as well as the requirement to be consistent with :the State and local government plans furthers the proposed Community Development District's consistency with Policy 21 (b)5. Local Specialized Problem: None Policy21(b)9. Encourage greater efficiency and economy at all levels of government through-adoption and implementation of effective records management, information management, and evaluation procedures. Florida Statutes, Chapter 190, requires that Community Development Districts perform extensive record keeping and management, and they are subject to the Florida Sunshine Law. In my professional planning opinion, these requirements of the Community Development District fulfill the requirements of Policy 21(b)9, and the establishment of the District is consistent with this policy. Local Specialized Problem: None F :UOB\PIN EAI R\WA\DRA FT2.DOC Page 7 JUL 3 1 'ALCDD I I Subject and Goal 26 (26) PLAN IMPLEMENTATION.- I (a) Goal.- Systematic planning capabilities shall be integrated into all levels of government in Florida with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. I As discussed previously, a Community Development District has a statutory requirement to report information concerning District operations. Further, because a District is a special I it must advertise its regularly scheduled meetings, ensuring the opportunity purpose government, for public comment. The proposed District, if established, in my opinion, is consistent with and I would further this goal. Local Specialized Problem: None Policy 26(b)2. Ensure that every level of government has the appropriate operational I authority to implement the policy plan. directives established in the The fact that a District established pursuant to Chapter 190, Florida Statutes, must not be I inconsistent with any applicable portion of the State Comprehensive Plan, a granted District is the defacto operational authority to implement policies of the Plan. The establishment of the Iproposed District is consistent with Policy 26(b)2. Local Specialized Problem: None I Policy 26(b)3. Establish effective monitoring, incentive, and enforcement capabilities to see that the requirements established by regulatory programs are met. I A District is not exempted from any applicable local, regional or state growth management regulatory programs, thus the establishment of the proposed Pine Air Lakes Community I D evelopment District is not inconsistent with this policy. Local Specialized Problem: None I Policy 26(b)8. Encourage the continual cooperation among communities, which have a unique natural area, irrespective of political boundaries, to bring the private and public I sectors together for establishing an orderly, environmentally, and economically sound plan for future needs and growth. I The District is required to operate in the S~,mashine, encouraging public participation, and as stated previously, reporting of the Districts facilities and services status to the County government provides a mechanism for cooperation between the general purpose and special I purpose governmental entities. The establishment of the proposed District is consistent with this policy. I Local Specialized Problem: None ~ I I I I I I I I I I I I I I I I I I COLLIER COUNTY LOCAL GOVERNMENT COMPREHENSIVE PLAN The adopted Collier County Local Government Growth Management Plan is set forth in the following Collier County Ordinances, as amended. This Plan is currently in force and effective in Collier County. · Capital Improvement Element Ord. · Transportation Element Ord. · Public Facilities Element Ord. · Housing Element Ord. · Recreation and Open Space Element Ord. · Conservation and Coastal Management Element Ord. · Furore Land Use Element Ord. · Intergovernmental Coordination Element Ord. 99-14 97-62 97-58, Ord. 97-57 2000-26 97-53 2000-26 2000-26 2000-26 Under the Florida Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, part II, Florida Statutes, as amended, the Plan consists of various elements, sub-elements and appendices. I reviewed each Plan element with respect to the powers granted to a Community Development District under Section 190, Florida Statutes. As a professional planner, I have reviewed the Plan in order to determine whether there is any specific inconsistency between the proposed Community Development District Plan and the Collier County Growth Management Plan. I used a similar methodology to that utilized for the consistency review with the State Plan. All goals, objectives, and policies of the Plan were reviewed; however those that were in my professional opinion not related to the establishment the proposed District were disregarded. Those goals~ objectives and policies that are relevant to the creation of the proposed Community Development District have been evaluated. The establishment of the Community Development District to provide the governmental services attendant to Pine Air Lakes complies fully with the goals, objectives and policies of the Collier County Growth Management Plan. CAPITAL IMPROVEMENT ELEMENT Objective 1.2: Provide public facilities in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of impact fees, dedication of land, provision of public facilities, and future payments of user fees, special assessments and taxes. F:~JOB\PINEAIR\WA\DRAFT2.DOC Page 9 ~PALCDD q The Pine Air Lakes project will be independent of County-subsidized facilities and services and will pay its proportionate share of infrastructure costs through payment of impact fees, property taxes and special assessments. The establishment of the proposed District is consistent with this policy. Local Specialized Problem: None PUBLIC FACILITIES ELEMENT - POTABLE WATER SUBELEMENT Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed when acceptable to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76, the utilities standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. Pine Air Lakes will provide and maintain potable water infrastructure to support the proposed development within the District boundaries and will connect the system to Collier County consistent with the Collier County Utilities Ordinance. The establishment of the proposed District is consistent with this Policy. Local Specialized Problem: None INTERGOVERNMENTAL COORDINATION ELEMENT Goal 1, Objective 1.1, and Policy 1.1.1: Provide for the continual exchange of information and the use of any intergovernmental coordination mechanisms resolve differences and to achieve compatible and coordinated plans. Pine Air Lakes has coordinated with both public and private sector agencies in the delivery of services, such as Collier County Utilities, independent Fire Control Districts, Collier County Department of Transportation, and Florida Power and Light to insure the services are coordinated and non-duplicative. Pine Air Lakes Community Development District will continue to coordinate plans with the various governmental agencies as it develops. The establishment of the proposed District is consistent with this goal and associated objective. FUTURE LAND USE ELEMENT Objective 5 and Policy 5.1: land uses and further the implementation of the Future Land Use Element. must be consistent with this Growth Management Plan. F:LIOB\PINEAIR\WA\DRAFT2.DOC In order to provide sound planning, ensure compatibility of 6,11 rezonings Page 10 JUL 3 2001 I I I I I I I I I I I I I I I I I I I Pine Air Lakes is a commercial master planned community, which has utilized the Planned Unit Development zoning district alternative to establish the development program, and the establishment of the Community Development District to provide governmental and infrastructure services. The project site is located in an area designated as Urban Commercial/ Mixed Use Activity Center Subdistrict. Urban Mixed-Use development on the County's Future Land Use Map. The intent of the activity center concept is to concentrate new commercial development at major intersections and to avoid strip patterns of development. This master planned project is consistent with this objective and policy. Local Specialized Problem: None The establishment of the proposed Pine Air Lakes Community Development District, pursuant to Chapter 190, Florida Statutes, is not inconsistent with the goals objectives and policies of the Collier County Growth Management Plan. Based upon the aforementioned findings, the creation and establishment of the proposed District would not be inconsistent with any goals, policies, sections or portions of the Plan, even if it were to exercise any and all of its statutory powers. In fact, the proposed District would further the Plan generally, as well as, many of its specific components. Further, the creation and establishment of the proposed District would not be inconsistent with those parts of the Plan which do not relate to the creation and establishment of a District. Factor Three 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed Pine Air Lakes Community Development District is of sufficient size and sufficiently compact to be developed as a functional interrelated community. The project's size is 149+ acres. This land area is nearly four times that of typical mixed use activity centers found throughout Collier County, and it is large enough in land area to allow for the efficient provision of infrastructure systems, facilities and services. A project of this size and scope is most appropriately master planned to demonstrate how the various components of the overall project relate both internally and externally. The project is appropriately compact in size in that it will permit commercial development and the required infrastructure support to be extended throughout the proposed District boundaries as one functional interrelated community. The properties within proposed Pine Air Lakes Community Development District are contiguous, with the exception of those properties planned to be separated by internal access roads and drive. This contiguous relationship will permit the District to function as a functional interrelated community. F:UOB\PINEAIR\WA\DRAFT2.DOC Page 11 JUL 3 1 2001 PALCD~~p~ The term "functional interrelated community" is undefined in Chapter 190, F.S. In my professional planning opinion, the term, "functional interrelated community" means that the "community" or CDD area has common characteristics in the sense of permitted land uses for example that can be master planned because of the land use relationships, as well as the contiguity of the community and its overall size. The proposed District has utilized the planned unit development concept to demonstrate the interrelatedness of the entire project, whereby not only the internal and external land use relationships have been shown, but the basic infrastructure to serve the entire community is master planned. This master planned community is consistent with and furthers the larger community's goals as outlined in the discussion on the Collier County Growth Management Plan. Local Specialized Problem: None Factor Four 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. There are several alternative ways to provide basic infrastructure and services to the lands proposed to be serviced by the proposed Communit-y Development District. Generally, there are three common methods of providing services to a community, which include privately funded and maintained services, publicly provided systems and those that could be operated via a public special purpose Community Development District. Private provision of services and maintenance can be appropriate; however, with limitations, in that long-term funding must be assured to support infrastructure for the life of the community, as is required through the issuance of' bonds to support a Community Development District. Another limitation is in the overall size and scope of the community. Where privately funded improvements may be practical for properties that are limited in the scope and buildout potential, projects having a scope and duration commensurate with the proposed Community Development District require a long-term commitment for service provision. The provision of services by the public can have limitations, especially where the community is a master planned and interrelated community that max' desire services more appropriately directed at its property owners. The responsibility of a local government is to provide the basic infrastructure support for all communities within its Govemmental boundary. A master planned community that may wish to achieve a higher than basic standard will not be well suited to provision of services through common general government funding alternatives. The Community Development District option is a preferred alternative to the two former mentioned funding sources (Private and General Public) in that the provision of services may be commensurate with the desired level of service of the community, while resulting in no burden to those properties outside the District. The Community Development District cannot overburden the existing facilities because of the required concurrency management requirements found in the Collier County Growth Management Plan and Chapter 190, F.S. Local Specialized Problem: None F:LIOB\PINEAIR\WA\DRAFT2.DOC Page 12 JUL 3 1 2001 I I I I I I I I I I I I I I I I I Factor Five 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. Chapter 190, F.S. requires that all actions and implementation of any or all Community Development District powers are governed by and must not be inconsistent with the Collier County Growth Management Plan. One of the fundamental requirements of Chapter 163, F.S. is that local government comprehensive plans must identify capital facilities required to support expected growth and that standards must be adopted to insure that minimum established levels of service for these facilities can be maintained. This requirement insures that the impacts of development are created concurrent with the available capacity of necessary capital infrastructure. Development may not occur unless there are adequate public facilities available to support it. These requirements insure compliance with County land development regulations and adequate public facility requirements. Collier County has not identified any inadequate public facilities that will affect the proposed District. Conversely, no infrastructure support problems are anticipated as a result of the proposed District. Local Specialized Problem: None Factor Six 6. Whether the area that will be served by the district is amenable to separate special- district government. Factor six deals with whether the area that will be serviced by the District is amenable to separate special-district government. As discussed in the prior factor analysis, the land area is of sufficient size, and is sufficiently compact and sufficiently contiguous to be functional as an inter-related community. The project area is also located in an area where many unrelated properties have been developed and do not have common or uniform standards for infrastructure support systems. In my opinion the land area for the District is amenable to special district government because the land area proposed to be established as a District has the need for the services that may be provided by the District. The District would also benefit from the provision of District services in that the services will be tailored to the specific needs of the District while consistent with the goals, objectives and policies of the local growth management plan. ~3rr. lqD~,ITEM JUL 3 1 2001 PALCDD F:xJOB\PINEAIR\WA\DRAFT2.DOC Page 13 . ~1~~ Local Specialized Problem: None Summary Long term and sustained adequacy and efficiency of infrastructure are important, and I note that among the three altematives discussed, the proposed District would more closely and efficiently manage services and facilities given that the District's sole responsibility is the community development's infrastructure needs, both immediate and in the long term. Further, a District can be more responsive to the property owners of the community development and other affected parties, than can be provided by the alternatives, which either have a broader public accountability, or narrowed interests. The proposed Pine Air Lakes Community Development District is the most appropriate means of providing community development systems, services and facilities because it will be functionally involved in the overall physical master planning of the development, most equitably distributes the cost and responsibilities to the users of the systems, services and facilities, provides for long term maintenance, and provides a greater assurance that the residents served by the Pine Air Lakes Community Development will have a sustained quality of life. F:UOB\PINEAIR\WA\DRAFT2.DOC Page 14 AGENDA ITE ..~:~'''~' JUL 3 1 2001 EXHIBIT 9 I I I I I I I I I I A REPORT ON ENGINEERING CONSIDERATIONS, ADDRESSING THE SIX FACTORS SET FORTH IN SECTION 190.005(2)(C), FLORIDA STATUTES, FROM THE ENGINEERING PERSPECTIVE JUL 3 1 2001 IEN6TNEERTNG SINCE 1946 April 24, 2001 PINE AIR LAKES COMMUNITY DEVELOPMENT DISTRICT I I I I I I I I I I I I I I I Engineering Report Establishment of Proposed Pine Air Lakes Community Development District. My name is Forrest H. Banks. By profession I am a Professional Engineer, registered in the State of Florida. Attached is my resume. This report raises and discusses engineering aspects and consequences of proposed new community development projects in general, and the various alternatives for the delivery of basic infrastructure to community developments. This includes the use of the specialized governmental entities known as Community Development Districts for the provision of basic infrastructure. Regarding the Pine Air Lakes Community Development District, which would provide infrastructure to the Pine Air Lakes Development, I have assisted in the preparation of the Petition, its required exhibits, and additional information pertinent to the engineering consequences of establishing the District. This document constitutes a summary of the engineering consequences of establishing this District with the assumption, that the District would exercise all of the systems, facilities, and services it is empowered to provide as basic infrastructure to the community development under Section 190.012 (1), Florida Statutes. For the foreseeable future, however, it is contemplated that the Pine Air Lake Community Development District will provide only roadway and enhancement landscaping services. After reviewing the Petition and its exhibits, I used the six factors as a guide for my engineering analysis in order to determine whether a particular problem specific to Collier County and the District is identified. I have also anticipated questions and concerns oriented specifically toward Collier County near the end of this document. The factors were evaluated in a different order than the statutory listing to make the analysis more understandable. JUL 3 1 2001 Page 1 2158 Johnson Street · Post Office Box 1550 · Fort Myers, Florida 33902-1550 (941) 334-0046 · Fax (941) 334-3661 I JOHNSON ENGINEERING, I'NC, FACTOR ONE Regarding creation and establishment of the District, my duties were to inspect the site within Collier County where the District is to be set up. I also helped prepare the Petition and its attachments from an engineering perspective. In my opinion, as an engineer, the Petition and its attached exhibits are true and correct. Special Problems No special engineering problems were evident during my review. FACTOR TWO Although it is not directly my responsibility because I am not a planner, I have reviewed the State Comprehensive Plan from an engineering perspective. I have found nothing in the State Comprehensive Plan with which creation and establishments of the District would be inconsistent. Furthermore, I have reviewed the Collier County Growth Management Plan which is the comprehensive long range plan required by the State of Florida and have determined there is nothing with which creation and establishment of the District would be inconsistent. My work assumes for analysis purposes that the District, on this property in Collier County, will exercise only those powers set forth in 190.012(1)(a)-(d), Florida Statutes, in accordance with the statutory charter set forth in Chapter 190, Florida Statutes. I have also used the six factors in Section 190.005(1)(e) 1-6, Florida Statutes, in light of the Districts special powers set forth in Section 190.012(1)(a)-(d), Florida Statues, to determine whether any specialized problems presently exist on this property in Collier County, or will evolve from the creation and establishment of the District. Currently, the Petitioner proposes to ask the Board of Supervisors of the District, once established, to provide certain road facilities and enhanced landscaping facilitates and services to the community development. However, once again, I have reviewed establishment of this District, from an engineering perspective, on the assumption that the District will ,-ze. re.i~e thr~e _ JUL 3 1 2001 Page 2 I I I I I I I I I I I I I I I I I I I JOHNSON ENGINEERING, INC. powers, but only those powers set for in Section 190.012(1), Florida Statutes (referred to herein as Abasic special powers). Preliminary to all of my work, I have revised the actual physical property to be included within the District. Regarding enclaves, I note that none exist or are proposed in the legal description of the District. Special Problems No special problems were evident during my review. FACTOR THREE Having reviewed the property, in light of the basic special powers requested by the District, I then considered statutory Factor Three, which deals with whether the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. From an engineering perspective, a community is a residential, office, commercial or industrial community or a community made up of a combination of uses. The proposed Pine Air Lake Community Development District is a commercial-only community. It has an infrastructure system, which has certain engineering functions. All of these infrastructure systems either are or must be designed and constructed so that their operation does not conflict with other services. These services also interrelate because they are necessary in combination to provide for the health, welfare, benefit, and enjoyment to the service users within the community. The term functionally interrelated community, from an engineering perspective, means a community which provides systems, facilities and services in a consistent, reliable, and cost effective manner. The size of the land area is important in order to determine whether the proposed community development can funtionally interrelate, from an engineering viewpoint. Having reviewed the size of the land in question, I have determined that it is 150 acres, more or less. JUL 3 I 2001 Page 3 I I I I I JOHNSON ENGINEERING. INC. This acreage, in my professional opinion, is of sufficient size to provide for a functionally interrelated community development,, which could be serviced by a Community Development District. From an engineering viewpoint, the word compactness means the lands within the community are situated such that the systems, facilities, and services can be provided in a ftmctional and cost effective manner. In reviewing the land area for the proposed community development, I have determined that it is sufficiently compact and services can be provided in a functional and cost effective manner. As an engineer, I understand the term contiguous to mean adjacent and abutting. After analyzing the proposed layout of the community, it is my opinion that the land area of the District is sufficiently contiguous to have its systems functionally interrelated in an economical In my opinion, upon reviewing the land area involved, I determined that it is of sufficient size, is sufficiently compact and is sufficiently contiguous to function as interrelated community development. Special Problems No special engineering problems were evident during my review. FACTOR SIX Factor Six is addressed next. It deals with whether the land area to be serviced by the District is amenable to special district governance. Having determined, by applying the relevant information and material to Factor Three, that the land area is of sufficient size, sufficiently compact and sufficiently contiguous to be functional interrelated community development, the question now arises whether the land area and it's community development are serviceable by the District. The Statute uses the term amenable. From an engineering perspective, this term means the area can be adequately and economically served by the District provided systems, facilities or services. The key ~ Page4 JOHNSON ENGINEERING, INC. determine if there are economies of scale by providing the required and desired services through a Community Development District. Is the land area too small to obtain the benefits of a District even though it is not too small to be permitted as a new community? The answer is that since the land area, based on the proposed layout of the community, is sufficiently compact and contiguous to efficiently provide services, its size does not limit or render it incapable of providing economies of scale when governed by a special district. In my opinion the land area in the District is amenable because of its size and the proposed layout of community. Also, there are not existing or proposed land features, facilities, encumbrances or restrictions that would make the services and special capabilities or the District difficult or inefficient to provide. Special Problems No special engineering problems were evident during my review. FACTOR F.~.~_~ Factor Five should be considered next. It deals with whether the District would be incompatible with any community development systems, facilities or services, either existing or authorized. From an engineering perspective, I understand the term community development service or facilities to mean that infrastructure providing use, benefit, and enjoyment to the users of the services or facilities. In reviewing the site, I have determined that the community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. Regarding the District facilities, systems and services, I view the term compatibility, as an engineer, to mean that the District provided facilities, systems, and services can be integrated into adjacent existing facilities, systems, and services without significant loss of function or economy. In my opinion, creation and establishment of the District and its systems and facilities will not be incomPatible with all of the existing or furore authorized local and regional systems, I I I I I I I I I JOHNSON ENGINEERING, INC. facilities and services. There will not be an overlap or duplication of services. The services provided by the District will augment and improve those provided by Collier County and it special district. Special Problems No special engineering problems were evident during my review. FACTOR FOUR It is now logical to review Factor Four. To determine if the District is warranted, it must be considered if it will be the best alternative to provide the required and desired services and facilities to the land area on which the District is to exist. There are three major public and private alternatives for the provisions of infrastructure systems, facilities, and services to proposed functionally interrelated community developments. Purely private alternatives include a developer and property owners association. The first public alternative is a Community Development District. The other public alternatives include the County, County management with a Municipal Service Taxing Unit (MSTU) or Municipal Service Benefit Unit (MSBU), County dependent special districts, and other regional and local dependent districts. In reviewing these alternatives for the particular land area in question in Collier County, I reviewed the availability of existing services, the effort and cost required to extend service to the community development, the cost of providing daily service, and the long term level of management and maintenance required for the systems, facilities and services. Many of the services are in place. From an engineering perspective, although Collier County has decided under most circumstances to provide water, sewer and irrigation services through a dependent district, or independent purveyor, the count>, has not determined to provide other infrastructure to community Page 6 JUL 1 2001 I I J onson ~Gn~£E~.n~G, ~c. I developments. The County is not, in my opinion, the best alternative to provide those other systems, facilities and services from an engineering viewpoint for the following reasons: I The County has not master planned, designed, nor funded those other systems, facilities, and i services. The purpose of the District is to design, build, fund, operate and manage those other systems, facilities, and services. I Regarding the private developer, any private company, or property owners association as an alternative way to provide the remaining systems, facilities and services, I note as an engineer, that I there are a number of disadvantages including: $ The private developer may not have the funds to provide or complete the remaining systems, I facilities, and services. $ The property owners association may not adequately plan for the long term maintenance and I replacement of the systems, facilities, and services. I Accordingly, because of the long-term level of management and maintenance capabilities of a district, my recommendation is the District itself. The basis for this opinion ~s my years of I experience as a civil engineer working in Southwest Florida and dealing with County Governments and the private development community. I Special Problems I No special engineering problems were evident during my review. I Sincerely, I JOHNSON ~NGINEERING, INC. Page 7 Forrest H. Banks, P.E. I I I JUL 3 1 2001 I NGINEERING SINCE 19q6 £ FORREST H. BANKS, P.E. Education B.S. Civil Engineering, 1961 The Citadel I I I Professional Registration Florida 1969 - P.E. Florida 1972 - P.L.S. North Carolina 1966 - P.E. Professional Affiliations American Society of Civil Engineers Florida Engineering Society National Society of Professional Engineers Forrest Banks has been associated with Johnson Engineering, Inc., since August 1969. He became president of the firm in January 1979 after serving eight years as vice-president. Under his direction, Johnson Engineering grew to over one hundred employees with offices in Fort Myers, Naples and Port Charlotte, Florida. In March 1997 he was elected chairman of the board. Mr. Banks serves as project manager for many of the firm's larger projects. Major transportation projects which he has been responsible for include the firm's work on Six-Mile Parkway, Summerlin Road, Daniels Road, and the U.S. 41 lane addition project; all four and six lane controlled access highways designed for Lee County. He was the project manager for two phases of the Suncoast Estates Road Tax Assessment Program which consisted of upgrading seventeen miles of roadways to Count5' standards. Major City of Fort Myers projects managed by Mr. Banks include Metro Drive within Metro Park; the Winkler Avenue Extension, two miles of four lane divided highway; the Northeast Colonial waterline and force main including 11.5 miles of 20" and 24" utility lines and the Eastwood Golf Course. Mr. Banks was the project manager for the design of S.R. 951, Omni Interstate Park, and the six laning of Colonial Boulevard. Major private developments managed by Mr. Banks include Fiddlesticks Country Club, Metro Park, Edison Mall Expansion, and Pine Lakes Country Club. In 1985 he prepared the Master Plan for the Charlotte County Airport and presently provides quality control for the firm's work for the Southwest Florida International Airport. He recently prepared the Reuse Study for the Fort Myers Beach Wastewater Treatment Plant and the Siting Study for the proposed Pine Island Wastewater Treatment Plant for Lee County. Mr. Banks was previously employed by the U.S. Department of Agriculture, Forest Service, for eight years, with the exception of service as an officer in the U.S. Army for a year and a half. After three years with the National Forests in Florida, he was transferred to the National Forests in North Carolina where he was responsible for the forest road development program. Later, Mr. Banks was transferred to the Southern Regional Office in Atlanta where he served as the Regional Maintenance Engineer for the thirteen state region. JUL 31 2001 2158 Johnson Street · Post Office Box 1550 · Fort Myers, Florida 33902-1550 I~._.~.~ (941) 334-0046- Fax (941) 334-3661 ' ...... ' Mr. Banks is a member of the Florida Department of Transportation's "Green Book" Advisory Committee. In 1994, the Calusa Chapter of the Florida Engineering Society recognized Mr. Banks as its Engineer of the Year. a~J~oA Il'EM JUL 3 I I I I I I I I I I I I I I I I [ I I EXHIBIT 10 ACKNOWLEDGMENT REGARDING CERTAIN LEGAL AND POLICY POINTS RELATING TO THE COLLIER COUNTY WATER-SE'~VER DISTRICT AND RELATED MATTERS JUL 31 2001 I I I I I I I I I I I I I I I I I I I Chapter 190, Florida Statutes, as exercise by a Community Development Exhibit 10 ACKNOWLEDGMENT amended, expressly restricts and limits the District of its special powers. The petitioner acknowledges that the Community Development District's Board of Supervisors is legally and ethically bound to exercise its special powers subject to, and not inconsistent with, the laws and regulations contained in the Collier County Water-Sewer District Special Act, and any applicable DRI Development Order, P.U.D., preliminary subdivision plat and/or other applicable development order as provided in Section 190.004 and 190.012, Florida Statutes. Accordingly, the proposed district cannot and will not act in such a manner as to erode the Collier County Water-Sewer District's customer base, as this would be inconsistent with Collier County ordinances and regulations and Chapter 190, Florida Statutes. Petitioner does not seek expressly or impliedly, directly or indirectly, do anything inconsistent with these requirements as a legal duty on the developer governing the development. In light of the statutory restrictions and mandates upon the powers and functions of a Community Development District discussed below, the proposed District will not and cannot diminish the customer base of the Collier County Water-Sewer District. Collier County under its ordinance is the permanent provider of water and sewer service to the development on which the Community Development District will be established. Also, the 1988 Special Act reestablishing the Collier County Water-Sewer District makes clear in Section 21 that: 1) Collier County can mandate connection t~ sewer facilities; 2) Collier County can require installation and dedication of w; I I I I I I I I I I I I I I I I facilities to the County; and 3) no water and sewer facilities can be built within the water- sewer district unless the district board (Collier County Commissioners) gives its consent and approval. The land area which the district will serve is in the jurisdiction of the dependent Collier County Water-Sewer District and is subject therefore to the terms of the 1988 Special Act. The community is also subject to a DRI Development Order, P.U.D. and preliminary and final subdivision plats. In addition, the land area involved is also subject to Collier County Ordinance Nos. 90-86, as amended, and 90-87, as amended, utility facilities requirements, as well as the state, regional and local comprehensive plans, permitting agencies and all related land development regulations. All of these jurisdictional and binding documents in effect constitute the clear operative base of all State and Collier County laws, rules, regulations, policies and ordinances applicable to and governing the planning and permitting of the development to be serviced by the Community Development District on the proposed property. The proposed district is not exempt. legitimate solution to infrastructure delivery. The Florida Legislature, in Section 190.002(1)(a), Florida Statutes (1991), has stated as a finding that a Community Development District is a solution to the management and capital infrastructure financing problems faced by counties. In solving these problems, a Community Development District also provides a method of servicing projected growth without over-burdening other local governments and their taxpayers. In other words, the Legislature has found Community Development Districts, as management entities, are I' JUL 31 2001 It is ai~o the expressed policy of the legislature that Community Development Districts are a legitimate alternative method available for use by the pdvate and public sectors, as a~ihorized by state law, to manage and finance basic services for community development. Fla. Stat. §190.002(2) (b) (1991). This language means that the district is a management tool for both Collier County and the petitioner. This management tool is to be used by both the developer and the county as authorized in Chapter 190 of the Florida Statutes. In Section 190.002(1)(b), ~lorida Statutes (1991), the Legislature has also found that it is in the public interest that the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics and government-in-the-sunshine requirements" (emphasis supplied). This law means that no decision of the Board of Supervisors can be made in secret, and that Collier County will ~e given ample noticed opportunities to monitor the exercise of the Board of Supervisors special limited management powers, including any dealing with water and sewer services, which are not expected to be services provided in any way by the Community Development District. In other words, this language mandates that the district board of supervisors as a local government works with the Collier County local government. In regard to poSsible conflicts between general purpose local government laws and actions of a Community Development District local government, the Legislature has expressly stated as its policy that the exercise by a district of its powers shall "comply with all applicable governmental laws, rules, regulations and policies governin I I I I permitting of the development to be serviced by the district" in order "to insure that neither the establishment nor operation of such a district is a development order under Chapter 380, and that the district so established does not have any zoning or permitting powers governing developments". Fla. Stat. §190.002(2) (c) (1991). In addition, Section 190.003, Florida Statutes (1991), provides that a community development district function in such I I a manner"that all applicable planning and permitting, rules, regulations and policies control the development of the land to be serviced by the district". Even more illustrative of the Legislature's intent is the dispositive language in the I I I "preemptive and sole authority" section of the Uniform Community Development District Act. Fla. Stat. 190.004 (3) (1991). First, the statute specifically states that "all governmental, planning, environmental and land use development laws, regulations and ordinances apply to all development of I I the land within a Community Development District." Id. Since the Collier County Water- Sewer District Special Act is a law of Florida, it applies to all development within the land to be serviced by the proposed Community Development District. Since "all development" I I I I includes by definition utility and other services, the Collier County Water-Sewer District requirements apply to all developments in the applicable land area, even after the establishment of the Community Development District. Second, the preemption section directly and specifically mandates that "a district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general purpose governments". This direct mandate ~A ITEM is to the Board of Supervisors of the proposed Community Development istriti~that it s,l~a,~ JUL 3 1 2001 take no action inconsistent with the Collier County Water-Sewer District Special Act. Accordingly, the Board members will be under ethical and legal duties, subject to malfeasance, non-feasance, and misfeasance of office, to take no action inconsistent with the Collier County laws and regulations affecting the water-sewer district customer base. Last, the special powers of the Community Development District, which become available upon its establishment by ordinance of Collier County (but which are not contemplated for the Pine Air Lakes CDD), are also severely limited by Section 190.012, Florida Statutes (1991).This section provides in pertinent part that the district board of supervisors "may exercise [its special powers] subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority to any area included herein...". Here, the Legislature has answered directly the question of whether the district can act inconsistent with the regulations of the Collier County Water-Sewer District. The exercise of the proposed district's powers are unquestionably "subject" to those of the Collier County Water-Sewer District. All of the foregoing language expresses the Legislature's intent that the Community Development District be managed in a manner consistent with the laws and regulations of both Collier County and the State of Florida. Therefore, the state and local laws, rules, and regulations applicable to the land of the district must be examined in order to determine what powers regarding water and sewer service the proposed development district will have or be able to exercise once established. JUL 3 1 2001 EXECUTIVE SUMMARY APPROVAL OF A REQUEST TO AMEND CHAPTER 38, CIVIL EMERGENCIES OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA OBJECTIVE: To gain Board approval for the Amendment of Chapter 38, Civil Emergencies to be consistent with Chapter 252, Florida Statues- Emergency Management. CONSIDERATION: The Florida legislature made several substantive changes to Chapter 252, Florida Statues that were not in concert with Chapter 38 of the Collier County Code of Laws and Ordinances as it pertained to mutual aid, state of local emergencies, liability and emergency powers of political subdivisions. In addition, Ordinance 84-37 requires revision to expand the line of succession in the event a quorum could not be obtained for a state of local emergency. The Offices of the County Attorney and Emergency Management met to compare the latest update to Chapter 252, Florida Statues, the emergency ordinances of several counties and municipalities and the existing Chapter 38, Civil Emergencies. After an exhaustive review, the attached Ordinance has reflected and corrected all discrepancies between the State Statute and Chapter 38, Civil Emergencies. FISCAL IMPACT: There is no Fiscal Impact to Collier County. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: That the Board of County Commissioners approve the `-~`~.~'"~`.`~`~``-``~.~`~`~m~y.~t~a~ic~`~e~`~e~rd^icn~a~c~e:ea~m~e~`n.~d!tn..g Chapter 38, Civ~mergencies, of the Code of Laws and SUBMITTED ~~~?~ Date: ~",~,t o/ K n~l,n.g~F. Pineau, CEM Emergency Management Director ss qUl/line Hubbard Robinson ' istant Count Attorney Date: APPROVED BY: Thomas Storrar, CEM Emergency Services Administrator Date: '~/Jo~/t~:> / JUL 3 1 2001 ORDINANCE NO. 2001-__ AN ORDINANCE AMENDING CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84-37, AS AMENDED, ADDING SECTIONS 38.57 DEFINITIONS, 38.61 USE OF PUBLIC FACILITIES AS SHELTERS, 38.62 POWER OF EMPLOYEES RENDERING OUTSIDE AID, 38.63 MUTUAL AID AGREEMENTS, 38.64 COMPENSATION, 38.65 EMERGENCY ORDERS AND RULES, 38.66 ENFORCEMENT, 38.67 LIABILITY; AMENDING SECTIONS 38.59 EXTENT OF STATE OF EMERGENCY AND 38.68 AUTHORIZED EMERGENCY MEASURES; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERAB1LITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes, Chapter 252 provides for emergency management for Florida counties; and WHEREAS, Florida Statutes, Chapter 252 has been amended from time to time and Collier County desires to have its existing Emergency Management Ordinance conform to the Florida statutory provisions; and WHEREAS, there is a need to clarify certain provisions of the existing Collier County Emergency Management Ordinance in order to better define the extent of the County's emergency management powers; and WHEREAS, certain issues pertaining to rendering outside aid and liability for the use of private property are being provided for herein; and WHEREAS, the intent of the following amendments is to ensure that Collier County is properly prepared in the event of a hurricane or other natural or manmade disaster; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Collier County Ordinance 84-37, as amended, is further amended as follows: SECTION ONE: Article II1. Declaration of State of Emergency, Sections 38-56, Intent through 38-70 of the Code of Laws and Ordinances of Collier County, Florida are amended as follows: Section 38-56. intent. It is the intent of the county to designale a county official to declare a local state of emergency and to authorize certain actions relating thereto when a quorum of the board of county commissioners is unable to meet. For the purpose of this article, "emergency" is defined as provided in F.S. ch. 252, as follows: any occurrence, or threat thereof, whether accidental, natural or caused by man, in war or W~rds underlined are added; Words struck thr::ugh are deleted JUL 3 1 2001 in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. (Ord. No. 84-37, § !) Section 38.57. Definitions. (1) "Disaster" means~ any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the county, the Governor, or the President of the United States. Disasters shall be identified by the severity of resulting damage, as follows: (a) ',Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement. (b) "Major disaster" means a disaster that will likely excegd local capabilities and require a broad range of state and federal assistance. (c) "Minor disaster" means a disaster thal is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance. (2) "Division" means the Division of Emergency Management of the Department of Community Affairs, or the successor to that divi.sion. (3) "Emergency" means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. (4) "Emergency management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to: (a) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military of paramilitary action. (b) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies. (c) Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by lhe emergency: Words underlined are added, Words .............. e,, are deleted. A(~,ENDA ITEM No. ~ JUL 3 1 2(161 (d) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies. (e) Provision of an emergency management system embodying all aspects of pre- emergency preparedness and post-emergency response, recovery, and mi ti gati on. (0 Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for and regulation of, public and private facilities and land use. (5) Emergency Management Department means the County department created in accordance with the provisions of Florida law to discharge the emergency management responsibilities and functions of Collier County. (6) "Manmade emergency" means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government. (7) "Natural emergency" means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an earthquake. · · (8) The Director of the Office of Emergency Management is the county official having the responsibility to execute the emergency management plan in Collier County and shall hereinafter be referred to as the "Director". Section 38-58. Officer designaled to declare emergency. Pursuant to F.S. ch. 252, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, when a quorum of the board of county commission is unable to meet, the chairman of the board of county commissioners, or the vice-chairman in his absence, or the county a~minigtrate, r manager in the absence of the chairman and vice-chairman, or the designee of the County Manager in the absence of the County Manager is hereby designated and empowered to declare a local state of emergency whenever he shall determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action. (Ord. 84-37, § 2) 3o Words underlined are added; Words struck :Are, ugh are deleted. JUL 3 2001 I I Section 38-59~ Extent of Statement of Emergency. A state of emergency shall be declared by proclamation of the chairman, or the vice chairman in his absence, or by the county ~ manager in the absence of the chai~nan and vice chairman, or by the designee of the County Manager in the absence of the County Manager. The state of emergency shall continue for seven (7) days and may be extended in seven (7) day increments until the chairman, or vice-chairman in his absence, or county ~ manager in thc absence of the chairman and vice chairman or designee of the County Manager in the absence of the County Manager finds that the threat or danger no longer exists and/or until an emergency meeting of a quorum of the Board of County Commissioners can take place and terminate the state of emergency proclamation. (Ord. No. 84-37, § 3) Section 38-60. Proclamation. A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to the county and shall be the authority for the use or distrbution of any supplies, equipment, materials or facilities assembled or arranged to be made available pursuant to such plans. (Ord. No. 84-37, § 4) Section 38-61. Use of Public Facilities for Shelters.. Public facilities, including schools, postsecondary education facilities, and other facilities owned or leased by the state or local governments, but excluding hospitals or nursing homes, which are suitable for use as pt, bile hurricane evacuation shelters shall be made available at the request of the Emergency Management Direclor or Emergency Management Director's designee. The Director or the Director's designee shall coordinate with the appropriate school board, university, commt, nity college, or Iocai governing board when requesting the use of such facilities as public hurricane evacuation shelters. Section 38-62. Power of Employees Rendering Outside Aid. (1) Whenever the employees of the County are rendering aid beyond the territorial boundaries of the county, such e_mpl~¥ees shall have the same powers, duties, rights, privileges, and immunities as if they were perrorming their duties in the County. (2)(a) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and sh~,ll pay any expense incurred in the operation and maintenance thereof. No claim for such loss, dama_ee, or expense shall he :filowed unless an ~mized 4- W(3rds underlined are added; Words glr;;ck I~r::g~_S are deleted. A(3ENDA ITEM No. ~ JUL 3 1 2001 notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer of the political subdivision in which the equipment was used within 60 days after the loss, damage, or expense is sustained or incurred. (b) The political subdivision which is aided pursuant to this section shall also pay and reimburse the County for furnishing such aid for compensation paid to employees furnished under this section during the time of the rendition of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The term "employee" as used in this section means, and the provisions of this section apply with equal effect to, paid, volunteer, and auxiliary employees and emergency management services workers. The same shall apply for aid rendered to Collier County. Section 38-63. Mutual Aid Agreements. (1) The County is authorized to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency Management. Such agreements shall be consistent with the state comprehensive emergency management plan and program, and in time of emergency it shall be the duty of the County to render assistance in accordance with the provisions of such mutual aid agreements to the fullest possible extent. Section 38-64. Compensation. { 1 ) Compensation for services or for the taking or use of property shall be owed only to the extent that a claimara may not be deemed to have volunteered her or his services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available. (2) Compensation owed for personal services shall be only such as may be fixed by the Florida Division of Emergency Management. (3) Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the County. (4) Any person claiming compensation for the use, damage, loss, or destruction of property shall file a claim therefor with the County utilizing the claim form attached hereto as Exhibit I Words underlined are added; Words .:tr'--'ck t.~.roug.h are deleted. JUL 3 1 2001 P~I. ~ (5) Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and the County, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state except that if a party making a claim pursuant to this provision who disagrees with the amount of compensation offered by the County shall bear its own costs and attorney fees. (~6) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood or applies to or authorizes compensation beyond the extent of funds available for such compensation. Section 38-65. Emergency Orders and Rules. All emergency orders and rules adopted by the County during a declared state of emergency shall have lh~ full for~e and ~ffect of I?lw oftCr ~doption when filed in the office of the Clerk of Courts or the designee of the Clerk of Courts. Section 38-66. Enforcement. The law enlk,rcement authorities ot' the County and municipalities of the County shall enforce the orders and rules issued pursuant to Section 38.65 herein. Section 38-67. Liability. Any person o._r organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation other than payment or reimbursement of costs and expenses, grants a license or privilev, e or otherwise permits the designation by the County Emergency Management Department for use of the whole or any part of st,ch real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, to~ether with her or his successor in interest, if any, shall not be liable for the death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency, or for loss of, or damage to, the property of such person, solely by reason or as a result of such liccnse~ 12rivile[2e, designation, o' use, unless the gross negligence c,' the willl'td and wanton misconduct of such p ersonowningorcontrollingsuchrealest:'e°rpremises°rhe"°r h issuccessorininle,'eslisthe proximate cause of such death, injury, Ioss, ordama~;6e occt'rringdu"ing such sheltering period. ~ny I Io JUL 3 1 2001 Words underlined are added; Words struck :~r::'..'~.b are deleted. such person or organization who provides such shelter space for compensation shall be deemed to be an instrumentality of the State or the County where applicable, for the purposes of F.S. 768.28. Section 38-69-68 Authorized Emergency Measures. In addition to any other powers conferred by law, upon the declaration of a state of emergency pursuant to this article, the chairman, or vice-chairman in his absence, or county manager in the absence of the chairman and vice-chairman, may order and promulgate all or any of the following emergency measures to be effective during the period of such emergency in whole or in part, and with such limitation and conditions as he may deem appropriate to protect the health, safety and welfare of thc community: (1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives, and combustibles. (2) Establish curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians. (3) Utilize all available resources of thc county government as reasonably necessary to cope with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be co- signed by thc County Attorney or his or her designee. (4) Emergency management powers; political subdivisions 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and prope~¥, including emergency assistance to the victims of any emergency; 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel and other emergency management workers. 1~4-)(5) Declare certain areas off limits to all but emergency personnel. (5) (6) Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials. Establish emergency operating centers and shelters in addition to or in place of those provided for in the county's emergency plan. 7. Words underlined are added; Words :;tr~:ck thrc~-'-'g.h are deleted. JUL 3 1 20 1 (7) _Declare that during an emergency it shall be unlawful and an offense against the county for any person to use the fresh water supplied by the county, or local municipalities or other entities for any purpose other than cooking, drinking or bathing. (8) Declare that during an emergency it shall be unlawful and an offense against the county for any person operating within the county to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were being sold during the 30 days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. (9) (-8-) Confiscate merchandise, equipment, vehicles or property,needed to alleviate the emergency, with the exception of emergency vehicles. Reimbursement shall be within 60 days and at customary value charged for the items during 90 days previous to the emergency. (10)(;9-)Preceding or during the emergency, the chairman, the vice-chairman, or in their absence, the manager, shall have the authority to request the National Guard or the Army, Coast Guard, or other law enforcement.divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control. (Ord. No. 84-37, § 5)' ( l l) (19)Further, the County has the power and authority to waive the procedures and formalities otherwise required by law pertaining to: a. Performance of public work and taking whatever prudent action is - necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisilion and distribution, wilh or without compensation, of supplies, materials, and facililics. h. Appropriation and expenditure of public funds. 8- Words underlined are added; Words ~,',rm.'k ~hv.v~gh are deleted JUL 3 1 2001 Section 38-6!~69~. Declaration~ termination by board while in session. Nothing in this article shall be construed to limit the authority of the board of county commissioners from declaring or terminating a state of emergency and taking any action authorized by law when sitting in regular or special session. (Ord. No. 84-37, § 6) Section 38-63-70. Penalty for violation. Penalties.--Any person violating any provision of this Emergency Management Code or any rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor of the second degree; punishable as provided in Florida Stat,tes, Sections 775.082 or 775.083. Each day of continued noncompliance or violation shall constitute a separate offense. In addition to the foregoing, any licensee of the county found guilty of violation any provision of this article, or the emergency measures which may be made effective pursuant to this article, may have his license suspended or revoked by thc board of county commissioners. (a) Nothing herein contained shall prevent the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this article or the emergency measures which may be made effective pursuant to this article. Such other lawful action shall include but not be limited to an equitable action for iniunctive relief or an action at law for damages. ('Ord. No. 84-37, § 7) SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: 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 pomon. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. 9- W~rds _underlined :~re added; W~rds struck .'hr;:u~:h arc deleted. JUL pg. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Approved as to form and legal~sufficiency: (lJ?~cclo~eline Hui~b,~rd Robinson Assistant County Attorney BY: JAMES D. CARTER, Ph.D, Chairman H/J ackie/Orciinance/20OI/Disasler Recover 10- \Vords underhned are added; Words sh,:uck :hmu~.h are deleled. JUL 3 1 3o] Pg. // Report # Hurricane Damage Report FOR All Property Damage/Loss Complete this form and send to Risk Management (Fax: 774-8048). If you need to talk with someone in the Risk Management department, call 774-8461~ For injuries to County employees, also complete a Collier County Employee Accident Investigation Report. Date: Time: Department: Facility Location: Phone #: ~ontact: Describe damage completely: Damage Estimate $ (If Vehicle) Year: Make & Model: Plate#: Asset#: VIN#: Describe damage: Damage Estimate $ Check appropriate responses: [] Pictures of Damage(s) sent to Risk Management [] Efforts to minimize damage/loss to County property taken Please attach additional pages if multiple damages/losses have occurred. Exhibit "A" No~~,-EM JUL 3 1 2001